Article 10-28.5 — PERMITS AND PROCEDURES

DIVISION 10-28.5.1 - PURPOSE AND APPLICABILITY

This Article establishes procedures for the preparation, filing, and processing of applications for development permits and other entitlements required by this Code that are in addition to those established in Article 10-1 (Zoning Ordinance) of the Hayward Code.

A.

This Chapter serves as the zoning regulations for the Plan Area. Unless otherwise specified, the Code will be administered in compliance with Chapter 10 (Planning, Zoning and Subdivisions) of the Hayward Code and enforced by the Planning Department, Planning Commission, and City Council, as applicable.

B.

These procedures reference other chapters and sections of the Code as applicable. All other provisions and applicable standards contained within the Code continues to apply unless specifically replaced or otherwise

identified as not applicable in this Chapter.

C.

The provisions of this Chapter 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 Review Authority, that discretion may be exercised to impose conditions on the approval of any project proposed within the Downtown Specific Plan area.

D.

Non-Conforming Uses or Structures. All applications for new structures or modifications to existing structures under the provisions of this Chapter must comply with the non-conforming standards established in Section 101.2915 (Nonconforming Uses) of the Hayward Code.

10-28.5.1.030 - REVIEW AUTHORITY AND PLANNING APPROVALS

A.

Table A (Review Authority) identifies the City official or body responsible for reviewing and making decisions on each type of application required by this Code.

B.

All applications for property located within the Plan Area are subject to the review and approval of the review authority(s) identified in Table A (Review Authority).

C.

When not in conflict with the provisions of this Code, a development application within the Plan Area has available all the legislative, administrative, and permit procedures, including administrative relief, as provided in Article 10-1 (Zoning Ordinance) of the Hayward Code and as listed in Table A (Review Authority).

A.

This Code will be enforced in compliance with Section 10-1.2800 (Administration and Enforcement) of the Hayward Code and any violations will be addressed in compliance with Section 10-1.2850 (Violations and Penalties) of the Hayward Code.

B.

Multiple applications for the same project will be processed concurrently, and reviewed, and approved or denied by the highest review authority designated by this Code for any of the permits or approvals (i.e., a project for which applications for a General Plan Amendment and a Conditional Use Permit are filed must have both applications decided by the Council, instead of the Planning Commission first deciding on the Conditional Use Permit as otherwise required by Table 5.1.030.A (Review Authority)).

DIVISION 10-28.5.2 - MINOR MODIFICATIONS

A.

The purpose of a Minor Modification is to streamline and expedite the permitting process by authorizing the Planning Director (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 Downtown 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;

3.

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

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 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 Code. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection 5.2.040 (Findings for a Decision on a Minor Modification).

B.

The Planning Director may approve a Minor Modification as specified in Table 5.2.030.A (Minor Modifications Allowed), only after first determining that the requested modification complies with the findings specified in Subsection 5.2.040 (Findings for a Decision on a Minor Modification).

A.

General Modification. The Director may approve a Minor Modification in any Downtown 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 5.2.040 (Findings for a Decision on a Minor Modification).

B.

Additional Modification. In addition to the modification allowed under Subsection A, the Director may approve a modification as provided in Table A (Minor Modifications Allowed).

Table 5.2.030.A Minor Modifications Allowed

The 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 proposed project is consistent with the Downtown Hayward Specific Plan; 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. The approval of a previous Minor Modification is not admissible evidence for the approval of a new Minor Modification.

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 Code.

C.

A decision on a Minor Modification may be appealed in compliance with Section 10-1.2848 (Appeal and Review Process) of the Hayward Code.

DIVISION 10-28.5.3 - SITE PLAN REVIEW

A.

The purpose of this Section is to provide a process for the appropriate review of new development applications and to ensure that all approved projects:

1.

Promote the orderly development within the Plan Area consistent with the goals, objectives, and policies of the General Plan and the Downtown Specific Plan;

2.

Protect and enhances property values by encouraging high quality design;

3.

Respect the physical and environmental features and characteristics of the property and surrounding areas;

4.

Ensures safe and convenient access and circulation for pedestrians, bicycles, and motor vehicles;

5.

Ensures that new development is appropriate in terms of site design, building scale and form, and the use of the site within the context of surrounding properties; and

6.

Allows for and encourages individual identity for specific structures and uses.

A.

Site Plan Review, in compliance with Section 10-1.300 (Site Plan Review) of the Hayward Code, is required for all new development and site improvements proposed within the Plan Area for which a Building Permit or Grading Permit are required, unless specifically exempted in Subsection B.

B.

Exemptions. The following are exempt from the requirements for Site Plan Review but must comply with all other applicable requirements of the Hayward Code and this Code:

1.

New/additions/remodeling of existing commercial structures, provided that new construction, additions or remodeling of existing commercial structures does not exceed 1,000 square feet;

2.

Additions of floor area within the existing building envelope;

Accessory structures not exceeding 120 square feet;

4.

Fences or walls;

5.

Minor facade and site plan modifications, including for example: replacement of windows and doors where the work does not require a Building Permit; alterations and improvements required to meet federal or State requirements to accommodate persons with disabilities; installation of bicycle lockers, landscaping, and utilities with minimal above-ground structures; and minor architectural enhancements to commercial or institutional structures; and

6.

Satellite dish antennae (mounted on a roof, a building, or the ground) used for personal use.

C.

Additional Requirements for Projects 30,000 Square Feet or Larger. Applications for projects 30,000 square feet or larger must comply with contractor prequalification requirements, demonstrating the contractor utilizes apprentices from state-approved, joint labor-management training programs, and offers employees employer-paid health insurance plans.

Major Site Plan Review, in compliance with Sec. 10-1.3000 (Site Plan Review), is required for the following development projects and uses:

A.

A project involving an addition of more than 30 percent of the gross floor area of a structure or more than 5,000 square feet of impervious surface;

B.

A project impacting or adjacent to a historic, archaeological, or environmentally sensitive feature (e.g., creek);

C.

A project on a site three acres or larger as required by Division 4.1 (Standards for Large Sites); or

D.

Other unusual or unique impacts which, in the opinion of the Director, warrant a public hearing with the Planning Commission.