Article 28 — DEVELOPMENT CODE

ARTICLE 28 - DEVELOPMENT CODE

ARTICLE 10-28.1: - INTRODUCTION DIVISION 10-28.1.1: - PURPOSE AND INTENT

A.

This Chapter of the Downtown Hayward Specific Plan is adopted as the zoning standards and procedures ("Code") to implement the Downtown Specific Plan. In compliance with California Government Code § 65450, the Code is consistent with the Hayward 2040 General Plan.

B.

This Code protects and promotes the public health, safety, comfort, convenience, and general welfare of the community. The Code implements the Hayward 2040 General Plan for the Downtown Specific Plan Area ("Plan Area") identified in Figure 2.1.020.1 (Regulating Plan).

A.

This Code applies to any of the following within the boundaries identified in Figure 2.1.020.1 (Regulating Plan):

1.

Land use activity;

2.

New development; and

3.

Improvements/modifications of existing development.

B.

Exemptions. Properties in Figure 2.1.020.1 (Regulating Plan) zoned Central City-Residential (CC-R), Central CityCommercial (CC-C), Planned Development (PD), and Open Space (OS) are exempt from this Chapter and will continue to be subject to the standards and requirements of Chapter 10 (Planning, Zoning, and Subdivisions) of the Hayward Municipal Code (Hayward Code).

C.

This Code supplements, or when in conflict replaces, the standards and procedures in Chapter 10 (Planning, Zoning, and Subdivisions) of the Hayward Code. All applicable provisions of the Hayward Code that are not specifically replaced or identified as not applicable continue to apply to all properties within the Plan Area. If there is a conflict between the standards of this Chapter and the standards in the Hayward Code, the standards in this Chapter controls.

1.

Requirements for New Structures or Land Uses, or Changes to Structures or Land Uses. No permit may be issued by the City unless a proposed project complies with all applicable provisions of this Code, including required findings, conditions of approval, and all other applicable provisions of law.

2.

Legal Parcel. The site of a proposed land use, development, modification, or other improvement subject to this Code must be on a parcel(s) legally created in compliance with the Subdivision Map Act and Article 10-3 (Subdivision Ordinance) of the Hayward Code.

3.

Issuance of Building or Grading Permits. The City may issue building, grading, or other construction permits when:

a.

The proposed land use and/or structure satisfy the requirements of Subsection B.1, and all other applicable statutes, ordinances, and regulations; and

b.

The site was subdivided in compliance with Article 10-3 (Subdivision Ordinance) of the Hayward Code.

4.

Minimum Requirements. The provisions of this Code are minimum requirements for the protection and promotion of the public health, safety, and general welfare. When this Code provides for discretion on the part of a City review authority, that discretion may be exercised to impose conditions on the approval of any project proposed in the Plan Area.

5.

Effect on Existing Development and Land Uses. Nonconforming structures and/or nonconforming use(s) legally existing when this Code was adopted must comply with Section 10-1.2900 (Nonconforming Uses) of the Hayward Code.

6.

Effect of Zoning Code Changes on Projects in Progress. An application for zoning approval that has been accepted by the Director as complete before the effective date of the ordinance codified in this Code or any amendment will be processed according to the requirements in effect when the review authority first considers the application in a public hearing.

7.

Historic/Cultural Resources. Properties identified by the City as historically or culturally significant, or potentially significant, must comply with the applicable provisions of Article 10-11 (Historic Preservation Ordinance) of the Hayward Code.

The Code consists of the following Articles:

A.

Article 1 Introduction. This Article establishes the purpose of the Code and explains how existing and new standards will be applied to property and thoroughfares within the boundaries of the Plan Area identified in Figure 2.1.020.1 (Regulating Plan).

B.

Article 2 Specific to Zones. This Article establishes and defines the zones for the Plan Area and specifies the allowed uses, permit requirements, and development standards for each zone.

C.

Article 3 Supplemental to Zone. This Article establishes general, building, and frontage standards for the zones. This Article also defines the character of each building and frontage type, and provides a table of all applicable building and frontage requirements. This Article also provides additional standards and requirements that apply to a specific use.

D.

Article 4 Standards for Large Sites. This Article establishes standards for large sites and civic spaces in the Plan Area.

E.

Article 5 Permits and Procedures. This Article describes the permitting and processing procedures that apply to property within the boundaries of the Plan Area identified in Figure 2.1.020.1 (Regulating Plan).

F.

Article 6 Definitions. This Article provides definitions of terms used in the Code. This Article supplements, and when in conflict, replaces the definitions in Section 10-1.3500 (Definitions) of the Hayward Code.

Quick Code Guide: New or Modified Building

Quick Code Guide: New or Expanded Use

ARTICLE 10-28.2: - SPECIFIC TO ZONES DIVISION 10-28.2.1: - ESTABLISHMENT OF DOWNTOWN ZONES

A.

As of 5/7/201 9, the following zones are established to provide a mix of intensity of development and a mix of uses that implement the vision and intent of the Downtown Specific Plan.

B.

The zones included in this Chapter emphasize the intended form and character of the Plan Subareas. In keeping with the intent of the Specific Plan to allow flexibility, a more flexible approach to permitted uses is enabled. The zones are organized based on the physical character of the different environments that comprise the 320-acre Downtown and adjacent neighborhoods.

C.

Unless otherwise specified, the Zones and standards for each zone in the Plan Area and listed in Table A replace the zone designations previously applied to the subject property mapped in Figure 2.1.020.1 (Regulating Plan).

D.

Properties zoned Central City-Residential (CC-R), Central City-Commercial (CC-C), Planned Development (PD), and Open Space (OS) will be subject to the standards of the Hayward Code.

The zones established in this Division are mapped on Figure 1 (Regulating Plan).