Article 24 — MISSION BOULEVARD CODE

ARTICLE 24 - MISSION BOULEVARD CODE[[1]]

Footnotes: --- ( 1 ) ---

Note— Added by Ordinance 20-12, adopted July 14, 2020.

SUBARTICLE 10-24.1: - INTRODUCTION DIVISION 10-24.1.1: - PURPOSE AND INTENT

A.

This Article of the Hayward Municipal Code shall be known, and may be cited, as the Mission Boulevard Code. References to "Code" within this Article are references to the Mission Boulevard Code unless the text indicates otherwise. References to the "Municipal Code" refer to the Hayward Municipal Code and references to "Hayward Zoning Code" refer to Chapter 10, Article 1 of the Hayward Municipal Code.

B.

This Code carries out the policies of the Hayward General Plan for the Mission Boulevard Code Area (Code Area) identified in Figure 2.1.020.1 (Mission Boulevard Code Regulating Plan) by classifying and regulating the types and intensities of development and land uses within the Code Area consistent with, and in furtherance of, the policies and objectives of the General Plan. This Code is adopted to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare of the community.

C.

This Code is a tool for implementing the goals, objectives, and policies of the Hayward General Plan, pursuant to the mandated provisions of the State Planning and Zoning Law, the California Environmental Quality Act, and other applicable State and local requirements.

The Mission Boulevard Code has an effective date of August 13, 2020.

A.

This Code applies to all land uses, subdivisions, and development within the Code Area identified in Figure 2.1.020.1 (Mission Boulevard Code Regulating Plan).

B.

It shall be unlawful and a violation of this Code for any person to establish, construct, reconstruct, enlarge, alter, or replace any use of land or structure, except in compliance with the requirements listed below, including those relating to nonconforming uses, structures, and parcels. No building permit or grading permit shall be issued by the City unless the proposed construction complies with all applicable provisions of this Code.

C.

This Code supplements, or when in conflict replaces, the standards and procedures in Chapter 10, Article 1 of the Hayward Municipal Code. All applicable provisions of the Municipal Code that are not specifically replaced or identified as not applicable continue to apply to all properties within the Code Area. If there is a conflict between the standards of this Article and the standards in the Hayward Zoning Code, the standards in this Article supersede unless otherwise stated.

1.

Municipal Code Sections 10-1.200 through 10-1.2400 (Zoning Districts) shall not apply within the Code area.

D.

Minimum Requirements. The provisions of this Code are minimum requirements for the protection and promotion of the public health, safety, comfort, convenience, prosperity, and general welfare. When this Code provides for discretion on the part of a City official or body, that discretion may be exercised to impose conditions on the approval of any project proposed in the Code Area, as may be determined by the Review Authority to be necessary to establish or promote development and land use, environmental resource protection, and the other purposes of this Code.

E.

Non-Conforming Structures 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 Zoning Code.

F.

Effect of Zoning Code Changes on Projects in Progress. An application for zoning approval that has been deemed complete by the Planning Director 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.

The Code consists of the following Subarticles:

1.

Subarticle 10-24.1 Introduction. This Subarticle establishes the purpose of the Code and explains how existing and new standards will be applied to property within the boundaries of the Code Area identified in Figure 2.1.020.1 (Mission Boulevard Code Regulating Plan).

2.

Subarticle 10-24.2 Specific to Zones. This Subarticle establishes and defines the zones for the Code Area and specifies the allowed uses, permit requirements, and development standards for each zone.

3.

Subarticle 10-24.3 Supplemental to Zone. This Subarticle establishes general, frontage, and civic space standards for the zones. This Subarticle also defines the character of each frontage and civic space type. This Subarticle also provides additional standards and requirements that apply to a specific use, subdivisions, and air quality mitigation measures.

4.

Subarticle 10-24.4 Permits and Procedures. This Subarticle describes the permitting and processing procedures that apply to property within the boundaries of the Code Area.

5.

Subarticle 10-24.5 Definitions. This Subarticle provides definitions of terms used in the Code. This Subarticle supplements, and when in conflict, replaces the definitions in Section 10-1.3500 (Definitions) of the Hayward

Zoning Code.

A.

Provisions of this Code are activated by "shall" or "must" when required; "should" when recommended and optional; and "may" when optional.

B.

Terms used throughout this Code are defined in Subarticle 10-24.5 (Definitions). Terms not defined in Subarticle 10-24.5 shall be as defined in Section 10-1.3500 (Definitions) of the Hayward Zoning Code. Terms not defined in Subarticle 10-24.5 or Section 10-1.3500 shall be accorded their commonly accepted meanings.

C.

Diagrams and figures that accompany tables and text are considered examples, and are not regulatory. Diagrams may not be to scale.

D.

Where in conflict, numerical metrics shall take precedence over graphic metrics.

E.

Within the Code, sections are occasionally prefaced with "purpose" or "intent" statements. Each such statement is intended as an official statement of legislative finding or purpose. The "purpose" or "intent" statements are legislatively adopted, together with their accompanying Code text. They are intended as a guide to the administrator and interpretation of the Code and shall be treated in the same manner as other aspects of legislative history. However, they are not binding standards.

F.

The Planning Director may make interpretations of this Code in compliance with Hayward Zoning Code Section 10-1.120 (Reviewing Authorities) and may refer any interpretation to the Planning Commission in compliance with Hayward Zoning Code Section 10-1.2840 (Administrative Referral).

G.

Any interpretation of this Code by the Planning Director may be appealed to the Planning Commission in compliance with Section 10-1.2845 (Appeal and Review Process) of the Hayward Zoning Code.

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

SUBARTICLE 10-24.2: - SPECIFIC TO ZONES DIVISION 10-24.2.1: - ESTABLISHMENT OF ZONES

This Subarticle establishes the zones applied to property within the Code Area, adopts the Mission Boulevard Code Regulating Plan for the Code Area as its Zoning Map, and establishes standards applicable to zones.

10-24.2.1.020 - ZONING MAP

The City Council hereby adopts the Mission Boulevard Code Regulating Plan (hereafter referred to as the "Regulating Plan"), as shown in Figure 1, as an amendment to the zoning district map authorized by the Hayward Zoning Code Section 10-1.3400 (Amendments). The Regulating Plan acts as the Zoning Map for the Code Area.

Most of the Code Area is designated as Priority Development Areas (PDA) per the Bay Area Regional Transportation Plan and Sustainable Communities Strategy which both encourage growth within compact, mixeduse, and walkable neighborhoods and districts that are located near Hayward's job centers and regional transit facilities such as the Hayward BART and South Hayward BART stations. Along the Mission Boulevard corridor, there is significant variation in parcel sizes and topography. The northern portion of the Regulating Plan between Harder Road and Rose Street primarily comprises of parcels that are small and narrow that include existing singlefamily homes and single-story commercial structures may be limited in their development potential. The southern end of the Regulating Plan (south of Harder Road) consists of larger sites that may accommodate larger-scale developments. Per the Hayward 2040 General Plan, the Code Area is expected to change and will include higherdensity developments with 3—5 story structures contingent on geological conditions and site suitability. Developments within the Code Area will decrease dependency on the automobile and allow more people to walk, bike, or take transit for commute and daily trips. This will help reduce automobile use, local and regional traffic congestion, and related greenhouse gas emissions.

Figure 2.1.020.1A Mission Boulevard Code Regulating Plan

Figure 2.1.020.1B Mission Boulevard Code Regulating Plan

DIVISION 10-24.2.2: - MISSION BOULEVARD CORRIDOR ZONES

This Division establishes the zones applied to property within the Code Area and establishes standards applicable to zones.

10-24.2.2.020 - APPLICABILITY

A.

The standards in this Division apply to all proposed land uses and development within the Code Area.

B.

All applicable provisions of the Hayward Zoning Code that are not specifically replaced or identified as not applicable continue to apply, unless otherwise provided.

C.

If there is a conflict between the standards of this Division and the standards in another Division or Subarticle of the Code or with the Municipal Code, the standards in this Division supersede the Hayward Zoning Code and Subarticle 3 (Supplemental to Zones) supersedes this Division.

A.

The Mission Boulevard Corridor Zones are described in this Division, and each zone is established based on the intent of the desired physical form and character of particular environments. Other than the Mission Boulevard - Civic Space (MB-CS) Zone, the zones range in function and intensity from moderate intensity (Mission Boulevard - Corridor Neighborhood), to a higher intensity (Mission Boulevard - Corridor Center). The naming of these zones is based on an overall spectrum of context types from less urban to more urban along the Mission Boulevard Corridor.

Mission Boulevard - Civic Space (MB-CS). This zone is intended for the provision of public open space, civic buildings, and civic uses. 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. Allowed uses and permit requirements are as prescribed in Table 2.3.010.A: Allowed Uses and Permit Requirements. Buildings shall be designed and located in compliance with the standards of the MB-CN.

B.

Overlay Zones.

1.

TOD Overlays. Properties within close proximity to public transit centers, including BART, as identified on the Mission Boulevard Code, are modified to allow for an increase in residential density and adjusted height regulations.

2.

Commercial Overlay #1. Properties designated with a Commercial Overlay Zone 1 designation shall not be developed with residential units on the first or ground floor. Uses associated with the residential use, such as leasing office, community space, amenities, etc., are allowed on the ground floor. This requirement may be adjusted through the Major Site Plan Review Process.

3.

Commercial Overlay #2. Properties designated with a Commercial Overlay Zone 2 designation shall not be developed with residential units at the ground floor along the primary street frontage unless permitted with a conditional use permit.

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

10-24.2.2.040 - MISSION BOULEVARD - CORRIDOR NEIGHBORHOOD (MB-CN)

1 The open space requirement may be met by a combination of private and/or common usable open space. See HMC 10-1.204(I)(5) for additional requirements.

1 The ground floor finish level of buildings facing a public ROW must be 12 inches above grade, unless otherwise adjusted to comply with ADA.

Height limits do not apply to chimneys, parapets, solar energy systems, or necessary mechanical equipment, provided that such features are limited to the minimum height necessary for their proper functioning.

1 Or average front setback of abutting lots on the same frontage, whichever is less. For corner lots, average of minimum required and front setback of abutting lot on the same frontage, whichever is less.

2 A larger setback may be required to accommodate required frontage or other planned right-of-way improvements.

Building within Facade Zone (Percent of Net Lot Width)

3 Required only when facing a public ROW.

Miscellaneous

Building facade must be parallel to ROW/Lot Line.

Minimum one pedestrian entrance from primary street must be located within front facade zone.

F. Parking and Driveways

Parking Requirements See Section 10-24.3.2.050 (Parking and Loading) Parking Location (Distance from ROW/Lot Line)

1 See Division 10-24.3.3 (Specific to Frontage Types) for further refinement of the allowed encroachments for frontage elements.

Miscellaneous

Corner Lots must have private frontage located within the Front and Street Side Facade Zone as required in Subsection E.

First story facades for non-residential uses and common areas for residential, must provide minimum 30% glazing with clear glass. See Division 1024.3.3 (Specific to Frontage Types) for further refinement of the glazing requirements by frontage type.

Key A = Allowed — = Not Allowed

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

10-24.2.2.050 - MISSION BOULEVARD - NEIGHBORHOOD NODE (MB-NN)

1 The open space requirement may be met by a combination of private and/or common usable open space. See HMC 10-1.204(I)(5) for additional requirements.

1 The ground floor finish level of buildings facing a public ROW must be 12 inches above grade, unless otherwise adjusted to comply with ADA.

Height limits do not apply to chimneys, parapets, solar energy systems, or necessary mechanical equipment, provided that such features are limited to the minimum height necessary for their proper functioning.

1 Or average front setback of abutting lots on the same frontage, whichever is less. For corner lots, average of minimum required and front setback of abutting lot on the same frontage, whichever is less.

2 A larger setback may be required to accommodate required frontage or other planned right-of-way improvements.

3 Required only when facing a public ROW.

Miscellaneous Building facade must be parallel to ROW/Lot Line.

Minimum one pedestrian entrance from primary street must be located within front facade zone.

F. Parking and Driveways

Parking Requirements See Section 10-24.3.2.050 (Parking and Loading)

Parking Location (Distance from ROW/Lot Line)

Encroachments at grade are not allowed within a street ROW, alley ROW, or across a lot line.

1 See Division 10-24.3.3 (Specific to Frontage Types) for further refinement of the allowed encroachments for frontage elements.

1 Not allowed facing Mission Boulevard.

Miscellaneous

Corner Lots must have private frontage located within the Front and Street Side Facade Zone as required in Subsection E.

First story facades for non-residential uses and common areas for residential, must provide minimum 30% glazing with clear glass. See Division 1024.3.3 (Specific to Frontage Types) for further refinement of the glazing requirements by frontage type.

Key

A = Allowed

— = Not Allowed

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

10-24.2.2.060 - MISSION BOULEVARD - CORRIDOR CENTER (MB-CC)

1 The open space requirement may be met by a combination of private and/or common usable open space. See HMC 10-1.204(I)(5) for additional requirements.

1 The ground floor finish level of buildings facing a public ROW must be 12 inches above grade, unless otherwise adjusted to comply with ADA.

Height limits do not apply to chimneys, parapets, solar energy systems, or necessary mechanical equipment, provided that such features are limited to the minimum height necessary for their proper functioning.

1 Or average front setback of abutting lots on the same frontage, whichever is less. For corner lots, average of minimum required and front setback of abutting lot on the same frontage, whichever is less.

2 A larger setback may be required to accommodate required frontage or other planned right-of-way improvements.

3 Required only when facing a public ROW. May be reduced as needed to comply with minimum fire access requirements.

Pedestrian exits from all parking lots, garages, and parking structures shall lead directly to a public ROW (i.e., not directly into a building) except underground levels which may be exited by pedestrians directly into a building.

1 See Division 10-24.3.3 (Specific to Frontage Types) for further refinement of the allowed encroachments for frontage elements.

First story facades for non-residential uses and common areas for residential, must provide minimum 30% glazing with clear glass. See Division 1024.3.3 (Specific to Frontage Types) for further refinement of the glazing requirements by frontage type.

Key A = Allowed — = Not Allowed

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

DIVISION 10-24.2.3: - USE TABLES

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.

"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 101.2835 (District Uses Not Specified) of the Hayward Zoning Code.

Table 2.3.010.A: Allowed Uses and Permit Requirements

(Amended by Ordinance 24-01, adopted Jan. 23, 2024; Amended by Ordinance 25-02, § 1(Exh. C), adopted January 21, 2025)

SUBARTICLE 10-24.3: - SUPPLEMENTAL TO ZONES

DIVISION 10-24.3.1: - PURPOSE AND INTENT

This Subarticle sets forth supplemental standards for the development of each frontage type, civic space type, and related general standards within zones. These standards supplement the standards for each zone.

A.

The standards in this Subarticle apply to all proposed development within the Code Area and must be considered in combination with the standards for the applicable zone in Division 10-24.2.2 (Mission Boulevard Corridor Zones).

B.

In the event of any conflict between the standards of this Subarticle and the standards in another Subarticle of this Article or any standard in the Municipal Code, the standards in this Subarticle supersede, unless stated otherwise.

DIVISION 10-24.3.2: - GENERAL STANDARDS

A.

Building Massing.

1.

Facades between 75 and 125 feet long shall have vertical breaks using recesses or projections of the facade plane that are at least 8 feet wide and 2 feet deep at least once every 75 feet.

2.

Facades that equal to or greater than 125 feet long shall have vertical breaks using recesses or projections that are at least 15 feet wide and 10 feet deep at least once every 125 feet.

B.

Facade Design. All buildings, excluding accessory structures, shall incorporate a combination of any of the following design elements to achieve a minimum of 70 points.

use of shutters on at least 50 percent of street-facing windows

20

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

All exterior mechanical and electrical equipment shall be screened or incorporated into the design of buildings so as not to be visible from public rights-of-way. Equipment to be screened includes, but is not limited to, all roofmounted equipment, air conditioners, emergency generators, heaters, utility meters, cable equipment, telephone entry boxes, backflow preventions, irrigation control valves, electrical transformers, pull boxes, and all ducting for air conditioning, heating, and blower systems. Screening materials shall utilize the same color(s) as the exterior colors of the building. Exceptions may be granted by the Planning Director or other approving authority where screening is infeasible due to existing development or health and safety or utility requirements.

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

A.

Exterior lighting shall be provided so that light is confined to the property and will not cast direct light or glare upon adjacent properties or public rights-of-way.

B.

Safety and Security. Common areas, parking lots, entries, and areas adjacent to walkways, bike paths, and other connections shall be well lit, especially at points of entry.

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

A.

Height. Fences and walls shall be constructed to a maximum height of seven (7) feet in any side or rear setback, and to a maximum height of four (4) feet in any portion of a front or street side setback, except that where the rear or side setback is contiguous to the BART tracks, a flood control channel, or parking lot, a maximum 8-foot-high fence or wall is permitted.

B.

Materials.

1.

Fences and walls in the front and street side setbacks shall be painted, mural-covered, vine-covered, or utilize a fence type specified in Table 3.2.040.A below.

2.

Anti-graffiti coating shall be required for all solid walls, decorative or otherwise, unless covered with vines.

3.

Other fences may be of wood board or decorative metal, as specified in Table 3.2.040.A below.

4.

Barb wire, razor wire, or electric fences are prohibited.

5.

Fences and walls above 3 feet are prohibited in the Vision Triangle area.

C.

Fence Types. Table A (Fences and Walls by Zone) shows five common types of fences and walls and their appropriateness within the Mission Boulevard Corridor Zones. Only these fences and wall types shall be used in any portion of a front or side yard unless an alternative type, complementary to the design and character of the development, is approved by the Planning Director.

Table 3.2.040.A Fences and Walls by Zone

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

The parking and loading provisions of Article 2 (Off-Street Parking Regulations) of the Hayward Zoning Code apply except as provided below:

A.

Required Ratio of Parking Spaces.

1.

There is no requirement for a minimum number of off-street automobile parking spaces.

2.

There is a maximum of two (2) off-street parking spaces per residential unit allowed except within one-half mile radius of the Hayward and South Hayward BART Stations where there is a maximum of one (1) off-street automobile parking space per residential unit allowed. The Review Authority may approve additional residential parking after making all the following findings:

a.

The request is consistent with the goals and policies of the Hayward General Plan, the Mission Boulevard Form Based Code; and any other adopted policies related to parking and the multi-modal network;

b.

The request is supported by a quantitative justification from the applicant that the demand for the additional parking spaces exists and providing additional parking spaces is warranted; and

c.

The additional parking will not impede bicycle and pedestrian circulation and safety.

B.

Tandem Parking.

1.

Tandem parking may be provided for residential uses when spaces are assigned to the same dwelling unit.

2.

Tandem parking may be provided for nonresidential uses when a valet/attendant is on duty during the hours when the business is open.

C.

Landscaped Planter. A landscaped planter at least five feet wide shall be provided between any surface parking area and any property line for the length of the parking area.

D.

Bicycle Parking. Bicycle parking shall be provided and located in accordance with the most recent version of Section 5.106.4 of the California Green Building Standards Code (CalGreen) or the following whichever requires the higher number of bicycle parking spaces:

1.

Bicycle Parking Requirements. Table D, Bicycle Parking Requirements, lists the amount of short-term and longterm bicycle parking to be provided.

2.

Bicycle Parking Standards. Bicycle spaces must be provided in compliance with the following standards:

a.

Long-term bicycle parking must consist of one of the following:

(i)

Covered, lockable enclosures with permanently anchored racks for bicycles;

(ii)

Lockable bicycle rooms with permanently anchored racks;

(iii)

Lockable, permanently anchored bicycle lockers; or

(iv)

For residential uses, private garages or other private, lockable storage space accessible from the outside;

b.

Short-term bicycle parking must include racks to which the bicycle can be locked;

c.

Lockers and racks must be securely anchored to the pavement or a structure;

d.

Racks must be designed and installed to allow two points of contact with the frame and allow the frame and one or both wheels to be secured;

e.

Areas containing bicycle spaces must be surfaced with asphalt, concrete, pavers, decomposed granite or permeable surfaces. Pervious pavements or gravel may be used where appropriate as determined by the Planning Director or City Engineer;

f.

When located within a parking area, curbs, fences, planter areas, bumpers, or similar barriers must be installed and maintained for the mutual protection of bikes, motor vehicles and pedestrians, unless determined by the Planning Director to be unnecessary; and

g.

Bicycle parking must be placed within 100 feet of the entrance of the use the bicycle parking is serving as measured by path of travel or in conformance with the California Green Building Standard Code (CalGreen), whichever is more restrictive. At the discretion of the Planning Director or City Engineer, required bicycle parking may be provided within the public right-of-way.

3.

Bicycle Parking Space Dimensions. All bicycle parking racks must meet the following minimum dimensions:

a.

Each bicycle parking space must include a minimum area of 72 inches in length and 24 inches in width that is clear of obstructions;

b.

No part of the rack may be located closer than 30 inches to a wall or other obstruction;

c.

The front or back of the rack must be located no less than 48 inches from a sidewalk or pedestrian way; and

d.

A minimum of 30 inches must be provided between adjoining racks.

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

A.

MB-CN and MB-NN Zones.

1.

All setbacks shall be landscaped except for permitted driveways and walkways.

2.

A minimum of one tree per 30 feet of frontage shall be planted within the front setback, (e.g. A lot with 120 feet of frontage requires 4 trees total). Trees shall be a single species and must match the species of street trees along the project frontage, unless a complementary species is approved by the City Landscape Architect.

3.

New development with building facades that are at least 15 feet taller than the tallest existing buildings on the abutting parcels, shall include a landscape buffer at least 12 feet wide between the new and existing buildings. The landscape buffer shall include 15-gallon evergreen trees that create a continuous tree canopy at maturity as defined by the Sunset Western Garden Book.

B.

MB-CC Zone. All setbacks shall be landscaped except for permitted driveways, walkways, or areas paved to match the pavement of the adjacent public frontage.

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

A.

Applicability. The provisions of this Section apply to development within 500 feet of Mission Boulevard, Jackson Street, or any stationary source which exceeds the applicable BAAQMD individual source or cumulative threshold.

B.

Requirements. All development projects that will be occupied by sensitive receptors shall incorporate indoor and outdoor air quality features pursuant to subsections C, Indoor Air Quality, and D, Outdoor Air Quality, below, or prepare a Health Risk Assessment (HRA) pursuant to subsection C.

Sensitive receptors include, but are not limited to, residences, schools and school yards, parks and play grounds, daycare centers, nursing homes, and medical facilities. Residences may include, but are not limited to, houses, apartments, and senior living complexes. Medical facilities may include, but are not limited to, hospitals, convalescent homes, and health clinics. Playgrounds may be, but are not limited to, play areas associated with parks or community centers.

C.

Indoor Air Quality.

1.

Existing or new buildings to be occupied by sensitive receptors, shall include and maintain in good working order a central heating and ventilation (HVAC) system or other air intake system in the building, or in each individual unit, that meets or exceeds an efficiency standard of MERV 13 or equivalent. The HVAC system shall include installation of a high efficiency filter and/or carbon filter to filter particulates and other chemical matter from entering the building.

2.

Project applicants shall maintain, repair and/or replace HV system on an ongoing and as needed basis according to manufacturer specifications. For developments which are leased, sold or otherwise not maintained by the initial project developer, an operation and maintenance manual for the HVAC system shall be prepared. The manual shall include the operating instructions and the maintenance and replacement schedule. The Planning Director shall identify an appropriate filing location for the manual, which may include, but is not limited to, the project conditions, covenants and restrictions (CC&Rs), County recorder, or City development permit file.

3.

The HVAC system or other air intake system required above, shall be submitted to the Planning Director for review and action prior to the issuance of a demolition, grading, or building permit.

D.

Outdoor Air Quality. To the maximum extent practicable, individual and common exterior open space, including playgrounds, patios, and decks, shall either be shielded from the source of air pollution by buildings or otherwise buffered to further reduce air pollution for project occupants.

E.

Health Risk Assessment. As an alternative to the indoor and outdoor air quality requirements established in subsections A and B above, a Health Risk Assessment (HRA) may be prepared by a qualified air quality consultant in accordance with California Air Resources Board (CARB) and Office of Environmental Health and Hazard Assessment requirements.

1.

The HRA shall demonstrate that indoor and outdoor air quality can be maintained within currently applicable health risk standards of the Bay Area Air Quality Management District.

2.

The HRA shall be submitted to the Development Services Department for review and approval. The Development Services Department may require, at the applicant's sole expense, an independent review of the HRA by a qualified consultant.

3.

If the HRA concludes that the air quality risks from nearby sources are at or below acceptable levels, then air quality mitigation measures are not required.

4.

The applicant shall implement the approved HRA recommendations, if any.

There shall be provided at least one zero-step entrance to each building from an accessible path at the front, side, or rear of each building.

All applications for new development or redevelopment of a site in the Code Area shall include a Sustainability Plan that incorporates best practices of sustainability for the proposed operations and site-specific improvements. The Plan may include, but not limited to, recommendations for energy conservation and efficiency, green infrastructure, water conservation, reductions in air emissions, use of toxic materials, and recycling. The Plan shall include how the development intends to meet the requirements of the California Green Building Code (CalGreen) and City of Hayward Reach Code, as amended from time to time.

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

DIVISION 10-24.3.3: - SPECIFIC TO FRONTAGE TYPES

This Division sets forth the standards for each private frontage within the Code Area. Private frontages are the components of a building that provide an important transition and interface between the public realm (street and sidewalk) and the private realm (yard or building). These standards supplement the standards for each zone in which the frontage types are allowed and are intended to ensure development that establishes the character and scale of Mission Boulevard and the adjacent walkable neighborhoods.

The standards in this Division apply to all proposed development and renovations along front and street side facades within the Code Area, and must be considered in combination with the standards for the applicable zone and in the rest of this Subarticle.

Table A (Frontage Types Overview) provides a list of the allowed frontage types by zone. The names of the frontage types indicate their particular configuration or function and are not intended to limit uses within the

associated building. For example, a porch may be used by non-residential uses such as a restaurant or office as allowed by the zone.

Table 3.3.030.A Frontage Types Overview

A.

Each building must have at least one frontage type for each street frontage.

B.

Each building may have multiple frontage types in compliance with the allowed types in the zone.

C.

Frontage types not listed in the applicable zone standards are not allowed in that zone.

A. Description The main facade of the building is setback from the frontage line. The resulting front yard is typically small and can be defined by a fence or hedge to spatially maintain the edge of the street. The porch is open on three sides and all habitable space is located behind the building setback line. B. Size/Dimensions Depth, Clear 8' min. A projecting porch for a house form commercial use. Height, Clear 8' min. C. Miscellaneous Projecting porches must be open on three sides and have a roof. A porch can encroach into the required setback. General Note: Photos on this page are illustrative, not regulatory. A projecting porch on the front facade that creates a niceseating space.

10-24.3.3.080 - STOOP

A. Description

The main facade of the building is near the frontage line and the stoop engages the first floor with the sidewalk. The stoop is elevated above the sidewalk to provide privacy along the sidewalk-facing rooms. Stairs or ramps from the stoop may lead directly to the sidewalk or may be side-accessed. The stoop is appropriate for residential ground floor uses. B. Size/Dimensions Stoops define the Depth, Clear 5' min. entries to this Rowhouse building whileelevating the ground floor from the street level. Height, Clear 8' min. C. Miscellaneous Stairs may be perpendicular or parallel to the building facade. Entry doors are covered or recessed to provide shelter from the elements. All entry doors must face the street. General Note: Photos on this page are illustrative, not regulatory. Stoop with paired entries to dwelling portion ofLive/Work units.

A. Description The main facade of the building is at or near the frontage line and a small portion of the building is set back, creating a small court and extending the public realm into the lot. The space may be used as an entry court or shared garden space for apartment buildings, or as an additional shopping or restaurant seating area within retail and service areas. B. Size/Dimensions Forecourt visually Width, Clear 12' min. extends the public realm into thisretail and office lot. Depth, Clear 12' min. C. Miscellaneous This type may be allocated in conjunction with other Frontage types Forecourt may be utilized to group entries at a common elevation. Forecourt provides General Note: Photos on this page are illustrative, not regulatory. unique entries to dwellings andbreaks down the overall massing of the buildingsshaping the space.

A. Description 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. The dooryard may not provide public circulation along a ROW. The dooryard may be raised, sunken, or at grade and may be used for ground-floor residential or non-residential uses. B. Size/Dimensions Height of awning, Clear 8' min. Small dooryards Height of Dooryard Fence/Wall 36" max. include low fences to provide a visualtransition from the public sidewalk. C. Miscellaneous Each Dooryard must provide access to only one ground floor entry. General Note: Photos on this page are illustrative, not regulatory. A series of small dooryards with small outdoor gardensalong the front of each ground floor unit.

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

10-24.3.3.110 - MAKER SHOPFRONT

A. Description The main facade of the building is at or near the frontage line with an at-grade or elevated entrance from the sidewalk. The type is intended for industrial artisan businesses to show their activity to people passing by on the sidewalk as well as for retail sales of products made on-site. The type includes a decorative roll-down or sliding door, may include glazing and an awning that overlaps the sidewalk and may be used in conjunction with other frontage types allowed in the zone. B. Size/Dimensions Maker Shopfront with double doorsfor each entry. Depth of Recessed Entries 5' max. C. Awning Setback from Curb 2' min. Height, Clear 8' min. D. Miscellaneous Doors may be recessed when main facade is at the building General Note: Photos on this page are illustrative, not regulatory. setback line.

10-24.3.3.120 - SHOPFRONT

A. Description

10-24.3.3.130 - TERRACE

A. Description The main facade is set back from the frontage line with a terrace providing public circulation along the facade. This type can be used to provide at-grade access while accommodating a grade change or buffer residential use from public sidewalk. Typically elevated, frequent steps up to the terrace are necessary to avoid blank sections of walls and to maximize access. This type may also be used in historic industrial areas to mimic historic loading docks. Terrace B. Size/Dimensions accommodates a change in grade with low wallsfor seating while keeping visualconnection with sidewalk. Depth of Terrace 8' min. C. Miscellaneous Low walls used as seating are allowed. Terrace may be utilized to group entries at a common elevation. General Note: Photos on this page are illustrative, not regulatory. One terrace spans across several ground floor townhouseswith individual entries separated by landscaping.

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

10-24.3.3.140 - GALLERY

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A. Description
The main facade of the building is at or near the frontage line with
a cantilevered shed or colonnade that may overlap the sidewalk.
The gallery may support habitable space on the upper story. This
type is intended for buildings with ground-floor commercial or
retail uses and may be one or two stories. If the gallery overlaps
the right-of-way, an easement is required. Alternatively the lot line
may be aligned with the edge of the gallery and curb.
One-story gallery.
B. Size/Dimensions
Depth, Clear 10' min.
Setback from Curb 2' min.
Height, Clear 10' min.
C. Miscellaneous
Galleries must also follow the regulations for the
Shopfront Frontage Type (See Section 10-24.3.3.110). A two-story gallery fronting a
plaza.
Galleries must have a consistent depth.
Galleries must project over a pedestrian path of travel.
General Note: Photos on this page are illustrative, not regulatory.
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(Amended by Ordinance 24-01, adopted Jan. 23, 2024)