Hayward Municipal Code § 10-1.3300 Variance

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Note— Section 10-1.120(c) and Section 10-1.160(c) amended by Ordinance 10-06, adopted March 2, 2010. Section 10-1.145 amended by Ordinance 14-08, adopted February 4, 2014.

This title shall be known and may be cited and referred to as the "Hayward Zoning Ordinance."

The purpose of this Zoning Ordinance is to promote the public health, safety, general welfare and preserve and enhance the aesthetic quality of the City by providing regulations to ensure an appropriate mix of land uses in an orderly manner. In furtherance of this purpose the City desires to achieve a pattern and distribution of land uses which generally:

a. Retain and enhance established residential neighborhoods, commercial and industrial districts, regional-serving uses, and recreational amenities.

b. Allow for the infill and reuse areas at their prevailing scale and character.

c. Accommodate expansion of development into vacant and under utilized lands within environmental and infrastructure constraints.

d. Maintain and enhance significant environmental resources.

e. Provide a diversity of areas characterized by differing land use activity, scale and intensity.

f. Establish Hayward as a unique and distinctive place in the heart of the San Francisco Bay Area with a high quality of life in an attractive, secure environment for the City's residents and businesses.

a. This Zoning Ordinance 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. All developments within the unincorporated area of the City's Sphere of Influence should be consistent with the Hayward General Policies Plan. All new development within the incorporated area of the City shall be consistent with the General Policies Plan.

b. The provisions of this Zoning Ordinance are intended to supplement the City's Subdivision Ordinance (adopted as required by the Subdivision Map Act), and the latest edition of the California Uniform Building Code as adopted by the City Council shall prevail. When the provisions of this Zoning Ordinance conflict with any provision of the City's Subdivision Ordinance or the Uniform Building Code, the most restrictive or that imposing higher standards shall apply.

c. The type and intensity of land use as shown on the General Plan Map and any applicable specific plan shall determine, together with this Zoning Ordinance and the City's Subdivision Ordinance, the type of streets, roads, highways, utilities and public services that shall be provided by the developer.

a. The City Council shall have final decision authority over appeals of the Planning Commission, Specific Plans, General Plan amendments, Zoning Ordinance amendments and zone changes. The Council may also impose conditions of approval.

b. The Planning Commission shall prepare, recommend adoptions, implement and periodically review and recommend revisions to the General Plan and this Zoning Ordinance for the desired physical development of the City, and any land within its Sphere of Influence. Decisions by the Planning Commission shall be final for appeals and referrals of Site Plan Reviews, Administrative Use Permits, Conditional Use Permits and Variances unless appealed to the City Council. The Commission may also impose conditions of approval and make interpretations of the General Plan and Zoning Ordinance, which may be appealed to the City Council.

c. The Director of Development Services, hereinafter referred to as 'Planning Director,' shall perform the duties and functions of day-to-day and long-range management of the Development Services Department. This includes the acceptance and processing of all land use permit applications (i.e., variances, development permits, etc.). All officers and employees who have the primary responsibility for the administration and interpretation of this Zoning Ordinance may act in his or her stead. The Planning Director has final approval authority for and enforcement of Administrative Use Permits, Site Plan Reviews, and Administrative Variances and extensions of time. In addition, the Planning Director may impose conditions of approval or make interpretations of this Zoning Ordinance. Any decision of the Planning Director regarding the entitlements referenced above may be appealed to the Planning Commission.

Zoning districts are designated as follows:

RESIDENTIAL

(Amended by Ordinance 24-01, adopted 1-23-2024; Amended by Ordinance 26-06, § 1(Att. IV, Exh. B), adopted May 5, 2026)

The designations, locations, and boundaries of the aforesaid Districts are hereinafter set forth by reference to a Zoning District Index Map on file with the City Clerk and Community and Economic Development Department. Said maps and all notations, references, data, and other information shown thereon are hereby adopted and made a part hereof.

The following uses are exempted by this Zoning Ordinance and are permitted in any district: Poles, towers, wires, cables, conduits, vaults, laterals, pipes, mains, valves or any other similar distributing and transmitting equipment for telephone or television communications, electric power, gas, water and sewer lines provided that the installation shall conform when applicable with Federal Communications Commission, State Public Utilities Commission, and Federal Aviation Agency rules and regulations, or any other authorities having jurisdiction and subject to other provisions of this Ordinance, other City ordinances, rules and regulations. This exception does not include any such facilities needed for wireless telecommunications (refer to Article 13 of Chapter 10 of the Hayward Municipal Code, the Antenna and Telecommunications Facilities Ordinance).

When a use is not specifically listed in the sections devoted to "Uses Permitted," it shall be assumed that such uses are prohibited unless it is determined by the Planning Director or on appeal to the Planning Commission that the use is similar to and not more objectionable or intensive than the uses listed. Further, uses are permitted and conditions to use are established within each district as set forth herein.

A. Purpose. The purpose of this Section is to provide a procedure for individuals with disabilities to request reasonable accommodation in seeking equal access to housing under the federal Fair Housing Act and the California Fair Employment and Housing Act (hereafter "Acts") in the application of zoning laws and other land use regulations, policies, and procedures.

B. Applicability.

1. A request for reasonable accommodation may be made by any person with a disability or their representative, when the application of a requirement of this zoning code or other City requirement, policy, or practice acts as a barrier to fair housing opportunities. For the purposes of this section, a "person with a disability" is any person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has record of such impairment. This section is intended to apply to those persons who are defined as disabled under the Acts.

2. A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

3. A reasonable accommodation is granted only to the household that needs the accommodation and does not apply to successors in interest to the site.

4. A reasonable accommodation may be granted in compliance with this Section without the need for the approval of a variance.

C. Procedure.

1. A request for reasonable accommodation shall be submitted on an application form provided by the Development Services Department or in the form of a letter to the Director of Development Services, and shall contain the following information:

a) The applicant's name, address, and telephone number;

b) Address of the property for which the request is being made;

c) The current use of the property;

d) The zoning code provision, regulations, or policy from which reasonable accommodation is being requested; and

e) Without disclosing a medical diagnosis, explain how the reasonable accommodation is necessary to make the specific property accessible to the individual based on their disability-related limitations.

2. If the project for which the request for reasonable accommodation is being made requires some other discretionary approval (including use permit, design review, etc.), then the applicant shall file the information required by Subsection C1 of this Section for concurrent review with the application for discretionary approval.

3. A request for reasonable accommodation shall be reviewed by the Director of Development Services or his/her designee, if no approval is sought other than the request for reasonable accommodation. The Director or his/her designee shall make a written determination within 30 days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation.

4. A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the applicable deciding body. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the deciding body in compliance with the applicable review procedure for the discretionary review.

D. Approval. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the Application materials.

E. Conditions of Approval. In granting a request for reasonable accommodation, the Director of Development Services or his/her designee, or the Planning Commission as the case might be, may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation addresses the purpose of this Ordinance. The condition shall also state whether the accommodation granted shall be removed in the event that the person for whom the accommodation was requested no longer resides on the site.

F. Appeals.

1. Any person dissatisfied with any action of the Director of Development Services pertaining to this Section may appeal to the Planning Commission within 10 days after written notice of the Director's decision is sent to the applicant. The appeal is taken by filing a written notice of appeal with the Director of Development Services and shall specify the reasons for the appeal and the grounds asserted for relief.

2. Any person dissatisfied with any action of the Planning Commission pertaining to this Section may appeal to the City Council within 10 days after the rendition of the decision of the Planning Commission. The appeal is taken by filing a written notice of appeal with the Director of Development Services and shall specify the reasons for the appeal and the grounds asserted for relief.

3. The City Council shall, by resolution, adopt and from time to time amend a fee for the filing of appeals. Such fee shall be for the sole purpose of defraying costs incurred for the administration of appeals. The fee for an appeal shall be paid at the time of and with the filing of an appeal. No appeal shall be deemed valid unless the prescribed fee has been paid.

4. If an appeal is not filed within the time or in the manner prescribed in this subsection, the right to review of the action against which the complaint is made shall be deemed to have been waived.

5. After filing an appeal, the appropriate hearing body shall conduct a public hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date, and place of hearing shall be given to the appellant, and to any other persons who have filed a written request for notice. Such notices shall be mailed to the appellant and the applicant at least ten days prior to the hearing.

6. The Planning Commission or City Council shall review de novo the entire proceeding or proceedings relating to the decision, and may make any order it deems just and equitable, including the approval of the application. Any hearing may be continued from time to time.

(Amended by Ordinance 24-01, adopted 1-23-2024)

No use or expansion of any existing use shall be conducted in a manner that is detrimental to or incompatible with adjacent properties so as to create any dangerous, noxious, or objectionable conditions which are a nuisance to owners or users of adjoining property or to the general public. The following hazards, pollutants, and disturbances are examples of conditions that constitute a nuisance, and include but are not limited to: fire, explosion, odor, gases, smoke, dust, liquid or solid refuse or wastes, noise, vibration, electrical interference, glare, heat, cold, and dampness. Also refer to Chapter 3, Article 11, the Graffiti Prevention and Abatement Ordinance and Chapter 5, Article 7, the Community Preservation and Improvement Ordinance of the Hayward Municipal Code.

Any unincorporated territory adjoining the City may be prezoned or have an interim zoning classification for the purpose of determining the classification that will apply to such property in the event of subsequent annexation to the City. The method of accomplishing such prezoning or interim zoning shall be as approved herein for the classifying or reclassifying of property within the City. The classification established by such prezoning or interim zoning action shall become effective at such time as the annexation becomes effective.

a. All licenses, permits, business tax forms, and certificates issued by the City must comply with the provisions of this Ordinance. Any such conflicting license, permit, or certificate is null and void. A business license as referred to in Section 8-1.00 of the Hayward Municipal Code is a revenue matter and shall not be considered as determinative of any required zoning compliance or planning approval.

b. It is not intended for the provisions of this Ordinance to interfere with or annul any easement, covenant, restriction, or other agreement between parties, provided said arrangement is not in conflict with the provisions herein.

c. When processed as part of a subdivision map application, the term of approval for all development applications shall be co-terminus with that of the subdivision map.

If any chapter, section, subsection, sentence, clause, or phrase of this Zoning Ordinance is for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Zoning Ordinance. The City Council hereby declares that it would have adopted this Zoning Ordinance and each chapter, section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more portions of this Zoning Ordinance might be declared invalid.

Where uncertainty exists as to the boundaries of any of the aforesaid Districts as shown on Zoning District Maps, the Planning Director, or on appeal to the Planning Commission upon written application or upon its own motion, shall determine the location of such boundaries.

Unless otherwise noted or explicitly implied herein, all land uses and activities shall be conducted wholly within enclosed buildings.

It shall be unlawful for any person, firm, property owner, business proprietor, or corporation to cause or permit any violation to the provisions of this Ordinance, or to fail to comply with any of its requirements, including plans and conditions in connection with approval of a planned development district, site plan review, conditional use permit, administrative use permit, variance, or other approved permit. The Planning Director and/or his or her designee shall have and are hereby vested with the authority to enforce the provisions of this Ordinance in the manner provided by California Penal Code Section 836.5 against any person who violates these provisions (also refer to Section 10-1.2850).

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Editor's note— Ord. No. 24-01, § 3(Exh. A), adopted January 23, 2024, repealed the former Sec. 10-1.200, §§ 10-1.205—10-1.245, and enacted a new Sec. 10-1.200 as set out herein. The former Sec. 10-1.200 pertained to Single-Family Residential District (RS) and derived from Ordinance 13-12, 11-19-2013; Ordinance 16-02, 1-19-2016.

a. Low Density Residential District (RL). The Single-Family Residential District (RS) shall now be known as the Low Density Residential District (RL). All references throughout the Hayward Municipal Code to the Single-Family Residential District (RS) shall be treated as a reference to the Low Density Residential District (RL). The RL District shall be subject to the following specific regulations in addition to the general regulations hereinafter contained in order to promote and encourage a suitable environment for households of all types and sizes. The RL District is suitable for detached residential units, duplexes, triplexes, and the community services appurtenant thereto as permitted by this Zoning Ordinance.

b. Residential Natural Preservation District (RNP). The purpose of the Residential Natural Preservation (RNP) District is to allow for the development of areas where topographic configuration is a major consideration in determining the most appropriate physical development of the land, and to allow such development only where it is subservient to and compatible with the preservation of major natural features of the land such as preserving the tree line in this zoning district. It is the intention of the regulations for this district that it be served by limited circulation facilities, and that it be utilized where large open spaces, individual privacy, and semi-agricultural pursuits are suited to the land.

c. Medium Density Residential District (RM). The RM District shall be subject to the following specific regulations in addition to the general regulations hereinafter contained in order to promote and encourage a suitable environment for households of all types and sizes through a mingling of different housing types and densities and compatible community services.

d. High Density Residential District (RH). The RH District shall be subject to the following specific regulations in addition to the general regulations hereinafter contained in order to promote and encourage a suitable high density residential environment through the development of multi-unit buildings and compatible community services.

(Amended by Ordinance 24-01, adopted 1-23-2024)

Table 10-1.202, Land Use Regulations-Residential Districts, sets the land use regulations for the RNP, RL, RM, and RH Districts 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 Section, other requirements of the Hayward Municipal 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.

"-" designates uses that are not allowed.

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.

Section numbers in the right-hand column refer to other sections of the Zoning Ordinance, other limitations, and applicable subsections following the Table.

Land uses are defined in Article 1, Section 10-1.3500, Definitions. In cases where a specific land use or activity is not defined, the Planning Director or other approving authority shall assign the land use or activity to a classification that is substantially similar in character. Land uses defined in the Hayward Municipal Code and not listed in the Table or not found to be substantially similar to the uses below are prohibited. Unless otherwise explicitly stated, all uses shall be conducted indoors.

TABLE 10-1.202: USE REGULATIONS-RESIDENTIAL DISTRICTS "P" Permitted Use; "A" Administrative Use Permit Required; "C" Conditional Use Permit Required; "-" Use Not Allowed

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

Table 10-1.203, Development Standards-Residential Districts, prescribes the development standards for the RNP, RL, RM, and RH Districts.

TABLE 10-1.203: DEVELOPMENT STANDARDS-RESIDENTIAL DISTRICTS

(Amended by Ordinance 24-01, adopted 1-23-2024)

a. Accessory Buildings, Detached. Detached accessory buildings, including but not limited to carports, garages, greenhouses, freestanding patio covers, and sheds shall meet the following criteria. Does not include Accessory Dwelling Unit(s) - see Section 10-1.2740.

(1) Metal or plywood structures shall be painted.

(2) Shall not be located in a required front yard or side street yard.

(3) Shall not be located in front of a primary building, with the exception of detached carports or garages.

(4) Accessory buildings less than or equal to 120 square feet in area shall be setback a minimum of 3 feet from a side and rear property line.

(5) Accessory buildings exceeding 120 square feet in area shall be setback a minimum of 5 feet from a side and rear property line.

(6) Shall be setback a minimum of 5 feet from any structure.

(7) The total area of all accessory buildings shall not exceed 50 percent of the ground floor area of the primary building(s).

(8) Accessory buildings may include a bathroom but shall not include a kitchen or bedroom.

b. Additions to Primary Building(s).

(1) At the time that cumulative additions to a residence increase the original gross floor area by more than 50 percent or increase the number of bedrooms, the residence shall be required to provide all required off-street parking (per Section 10-2.200 of the Off-Street Parking Regulations).

(2) All additions to existing residential development shall comply with applicable upper floor massing requirements specified in Section 10-1.205(a) and Section 10-1.206(a)(1). Facade materials on the addition shall be the same as one or more of the primary facade materials used on the rest of the residential development. Primary facade materials are materials that cover at least 25 percent of all building facades.

(3) All additions to existing residential development that increase the original gross floor area (excluding accessory structures) by at least 80 percent shall comply with all applicable requirements specified in Section 10-1.205 and Section 10-1.206.

c. Building Entrances. At least one residential building shall have a primary entrance facing and visible from a street. If this is not possible due to site conditions or constraints, the primary entrance shall face the primary access driveway. The entrances of other residential buildings on site shall face and be visible from either a street, driveway, or a pedestrian walkway.

d. Decks and Ramps.

(1) Decks and ramps 12 inches or less in height (excluding railings) may be located in any required yard area.

(2) Ramps required for persons with physical disabilities may be located in any required yard area.

(3) Decks and ramps between 12 to 30 inches in height (excluding railings) may be located in any rear or side yard but no closer than 3 feet to the rear or side property line.

(4) Decks 30 inches or more in height (excluding railings) shall conform to the minimum yard setback requirements of the primary building.

e. Density.

(1) Allowable density shall be determined by the applicable General Plan land use designation and net acreage.

(2) Net acreage excludes land required for public and private streets, parks, and other public facilities.

f. Fences, Hedges and Walls. (See also Section 10-1.2725(g).)

(1) Where a lot is situated at the intersection of two or more streets, fences, hedges and walls exceeding 3 feet shall not be permitted within the triangle of visibility.

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(2) Barbed wire, razor, or electrified fences are prohibited.

(3) Retaining Walls.

a) Retaining walls which are not a part of building walls shall not exceed 6 feet in height as measured from finished grade elevation to top of wall.

b) A maximum of two successive, approximately parallel retaining walls are permitted when they are separated by a minimum horizontal distance of 6 feet as measured between centerline of the walls.

c) Any additional successive walls shall require a minimum of 15 feet separation.

d) The sides of exposed exterior retaining walls that are visible from the public right-of-way, private streets and driveways, and private and public common open space shall be architecturally treated with colored concrete, plaster, stone veneer, brick, tile, natural stone, cultured stone, the same material as the primary residential building or an acceptable alternative as approved by the Planning Director. Alternatively, the exposed exterior retaining wall may be screened by landscaping that blocks 50 percent of the visible wall area at maturity.

e) The Planning Director may administratively alter or waive any retaining wall requirement if there is evidence that no practical alternative exists, the purpose of these regulations will not be compromised, and no detrimental impact will result.

g. Hillside Standards. Applicable to parcels located in the Hayward Hills, defined as east of Mission Boulevard and south of "D" Street. See Section 10-1.3500 for slope calculation formula. See Section 10-8.23 for additional requirements for development on slopes that exceed 20 percent.

(1) Setbacks Abutting Permanent Open Space. All structures, including decks that exceed 12 inches in height, shall be setback a minimum of 30 feet from any rear property line and 10 feet from any side property line that abuts permanent open space, defined as land identified within a Habitat Conservation Plan or Natural Community Conservation Plan, land with a conservation easement, and/or regional park land.

(2) Slopes Equal to or Exceeding 15 Percent: Where the existing slope is equal to or exceeds 15 percent, dwellings shall exhibit a stepped design that preserves the natural slope by adhering to the following standards:

a) At each point, the lowest floor of the structure shall not exceed eight feet above the adjacent exterior finished grade.

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b) Grading of areas to the side and rear of the building to create flat open spaces is not permitted on lots with an existing slope exceeding 25 percent.

h. Landscaping.

(1) Applicable to All Districts.

a) Landscape Buffers. New development with building facades that are at least 15 feet taller than the tallest existing buildings on immediately 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) Required front and street side yards shall be landscaped except for permitted driveways and walkways. At least 75 percent of the designated landscape areas shall be covered with live plants at maturity as defined by the Sunset Western Garden Book.

c) Ground covering mulch shall not include gravel, decorative rock, decomposed granite or non-biodegradable materials.

d) Edible fruit bearing or invasive root-system trees as defined by the Invasive Plant Council are prohibited in front or street side yards.

(2) Applicable to RL and RNP Districts.

a) A minimum of one 15-gallon-size tree shall be planted within the required front yard and side street yard of each lot.

b) For a lot with more than 50 feet of street frontage, one tree shall be planted for every 50 feet or fraction thereof of frontage.

(3) Applicable to RM and RH Districts.

a) Street Trees. Street trees shall be planted along all street frontages at a minimum of one 24-inch box tree per 30 lineal feet of frontage or fraction thereof unless otherwise approved by the City Landscape Architect.

(4) Landscaping Near BART or Railroad Track.

a) Parcels abutting and in direct view from the BART or railroad track right-of-way shall include a minimum 10-foot wide landscape strip along the property line(s) abutting or in view from the BART or railroad track right-of-way.

b) A minimum of one 15-gallon buffer tree shall be planted for every 20 lineal feet of property line.

i. Lighting, Exterior. 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.

j. Mailboxes. All residential developments shall locate mailboxes within one or more secured area(s) that cannot be accessed by the public, unless otherwise specified by the United States Postal Service. Detached residential subdivisions are excluded from this standard.

k. Mechanical Equipment. 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 roof-mounted equipment, air conditioners and related equipment, emergency generators, utility meters, cable equipment, backflow preventers, irrigation control valves, electrical transformers, pull boxes, and ducting. Screening materials shall be consistent with the exterior colors and materials of the building.

(1) All mechanical equipment shall be located outside the required front yard and at least 3 feet from all other property lines.

(2) The Planning Director or other approving authority may waive this requirement where infeasible due to existing development or health and safety or utility requirements.

l. Open Space. For developments with four or more residential units, a minimum of 150 square feet of open space is required per dwelling unit. Common use and/or private open space can be used to satisfy this requirement. Detached residential subdivisions with less than four units on each parcel are excluded from this requirement.

(1) For a development with 21 or more units, 50 percent of the required open space shall be outdoors.

(2) Required open space shall not include the required front or side street yard or exceed 5 percent slope.

(3) Common use open space shall be available to all residents.

(4) Private open space which is directly available to individual units shall adhere to the following requirements:

a) Shall be at least 50 square feet in size and shall have no dimension less than 5 feet.

b) Grade-level open space shall be screened from view by fencing or landscaping.

(5) All new developments shall achieve the following point values for residential amenities, based on the total number of dwelling units in the project:

TABLE 10-1.204.1: RESIDENTIAL OPEN SPACE AMENITIES BY PROJECT SIZE

a) Points for open space amenities shall be awarded in the following amounts. No partial points will be awarded for a partial amenity. Unless otherwise specified, points for each amenity type shall only be awarded once. If there are any outdoor amenities located on a rooftop, an additional 20 points shall be added to the total.

For amenities not listed, the Planning Director may assign point values based on similarities to listed amenities. The residential amenities may be used to satisfy the open space area requirement specified above.

TABLE 10-1.204.2: RESIDENTIAL AMENITIES AND ASSOCIATED POINTS VALUE

m. Projections into Yards.

(1) Architectural features such as bay windows, chimneys, cornices, eaves, open or covered porches and entries, may extend 2 feet into any required side yard and 5 feet into any required front or rear yard.

(2) Uncovered first floor landing places and outside open stairways may project 3 feet into any required yard, provided they do not exceed 6 feet in height (excluding railings) above ground level.

(3) Uncovered second or third floor landing places and outside open stairways may project 3 feet into a required rear yard, but no closer than 5 feet to a side property line.

(4) Balconies may extend 5 feet into any required front or rear yard.

n. Separation Between Residential Units. If there are multiple detached residential units located on the same property, each unit shall be setback at least 10 feet from each other. The separation for ADUs may be reduced to 5 feet.

o. Swimming Pools or Hot Tubs. May not be located in the required front or street side yard. All wall lines of a swimming pool or hot tub shall be setback 5 feet from any structure and from the side and rear property lines.

p. Trash and Recycling Facilities.

(1) Outdoor trash and recycling facilities shall be screened from view, utilizing a wood, metal, masonry, or landscape screening except where not visible to other residential units or from the street.

(2) Shall be a maximum of 300 feet away from any residential building entrance, as measured by path of travel.

(3) Trash and recycling facilities shall have covered roofs.

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

a. Building Massing.

(1) In the RNP and RL Districts.

a) If the building is less than or equal to 3,000 gross square feet, the floor area of the second floor shall not exceed 80 percent of the gross floor area of the first floor.

b) If the building is greater than 3,000 gross square feet, the floor area of the second floor shall not exceed 75 percent of the gross floor area of the first floor.

(2) In the RM and RH Districts, the floor area of the third floor shall not exceed 80 percent of the gross floor area of the first floor.

(3) For the purposes of this standard, the first floor shall be considered the floor where the garage is located. If the garage is detached from the primary structure or if there is no garage, the first floor shall be considered the floor where the primary entrance is located. The second and third floors shall be considered the floors above the first floor.

[Figure]

b. Façade Design. All buildings, excluding accessory structures, shall incorporate a combination of any of the following design elements to achieve a minimum of 50 points. Partial points will not be awarded for partial design elements.

TABLE 10-1.205.1: FACADE DESIGN ELEMENTS AND ASSOCIATED POINTS VALUE

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

a. Building Massing.

(1) Floor area of the fourth and fifth stories each shall not exceed 85 percent of the gross floor area of the first floor. For the purposes of this standard, the first floor shall be considered the floor where the primary entrance is located. The upper floors (second, third, fourth, fifth) shall be considered the floors above the first floor.

(2) 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 for the height of the structure at least once every 75 feet.

(3) 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 for the height of the structure 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 100 points for developments up to 10 dwelling units or a minimum of 125 points for developments with 11 or more dwelling units. Partial points will not be awarded to partial design elements.

TABLE 10-1.206.1: FACADE DESIGN ELEMENTS AND ASSOCIATED POINTS VALUE

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

For non-residential development refer to the Development Standards, Section 10-1.203 and the Minimum Design and Performance Standards contained in the Neighborhood Commercial District, Section 10-1.845. All non-residential development shall comply with the Hillside Design Guidelines.

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

a. Entrance Lighting. All building entrances shall be lit from dawn to dusk for high visibility of the building entrance and safety.

b. Landscaping Maintenance.

(1) After initial installation, all plantings shall be maintained in a reasonably weed-free and litter-free condition, including replacement where necessary, as determined by the Planning Director.

(2) Required parking lot, buffer, front, and street side trees shall not be severely pruned, topped, pollarded, disfigured, or removed without issuance of a Tree Permit, as defined in the Tree Preservation Ordinance.

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

Site Plan Review approval shall be required before issuance of any building or construction permit only if the Planning Director determines that a project materially alters the appearance and character of the property or area, or may be incompatible with City policies, standards, and guidelines.

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

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Editor's note— Ordinance 24-01, § 3(Exh. B), adopted January 23, 2024, repealed Sec. 10-1.300, §§ 10-1.305—10-1.345, which pertained to Residential Natural Preservation District (RNP) and derived from Ordinance 13-12, 11-19-2013; Ordinance 16-03, 1-19-2016.

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Editor's note— Ordinance 24-01, § 3(Exh. B), adopted January 23, 2024, repealed Sec. 10-1.400, §§ 10-1.405—10-1.445, which pertained to Medium Density Residential District (RM) and derived from Ordinance 03-08, 5-27-2003; Ordinance 13-12, 11-19-2013.

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Editor's note— Ordinance 24-01, § 3(Exh. B), adopted January 23, 2024, repealed Sec. 10-1.500, §§ 10-1.505—10-1.545, which pertained to High Density Residential District (RH) and derived from Ordinance 03-08, 5-27-2003; Ordinance 13-12, 11-19-2013.

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Note— Repealed by Ordinance 11-12, adopted October 11, 2011.

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Note— Repealed by Ordinance 11-12, Adopted October 11, 2011.

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Note— Amended by Ordinance 13-06, adopted May 21, 2013. Section 10-1.700 amended by Ordinance 13-12, adopted November 19, 2013.

The MH District shall be subject to the following specific regulations in addition to the general regulations hereinafter contained in order to promote and encourage a suitable living environment for the occupants of mobile homes. It is a district where mobile home parks are established as a primary use in order to limit the conversion of existing affordable housing to other uses.

The Senior-Only mobile home park regulations in the MH district are intended to preserve a variety and balance of housing types within the City and provide assurance that existing Senior-Only mobile home parks within the MH District will remain exclusively available to seniors, as more specifically set forth below.

a. A Senior-Only mobile home park is a mobile home park in which at least eighty (80%) percent of the spaces are occupied by, or intended for occupancy by, at least one person who is fifty-five (55) years of age or older, or in which one hundred (100%) percent of the spaces are occupied, or intended for occupancy by, persons sixty-two (62) years of age or older. As of the effective date of the ordinance codified in this section, the Senior-Only mobile home parks in the MH Zoning District are: New England Village, Georgian Manor, Hayward Mobile Country Club, Eden Gardens, and Spanish Ranch II.

b. No Senior-Only mobile home park in existence as of the effective date of the ordinance codified in this section, or established thereafter, shall convert to a non-age restricted mobile home park. For purposes of this section, "convert" means changing from a Senior-Only mobile home park to a park that does not qualify as a Senior-Only park under applicable law.

c. Spaces and mobile homes in a Senior-Only mobile home park shall be rented only to occupants who meet the age requirement set forth in Section 10-1.710a above; provided, however, that if the occupants of a space or mobile home who do not meet this requirement rented the space or mobile home before the effective date of the ordinance codified in this section, they shall be allowed to remain, and provided further that when such occupants cease to occupy a space or mobile home, the mobile home and space cannot thereafter be rented except to occupants who meet the age requirements set forth in Section 10-1.710a.

a. Primary uses.

Mobile home(s).

b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the MH District:

(1) Accessory buildings and uses.

(2) Garage sale. (4 per year per dwelling. See General Regulations Section 10-1.2735.d.)

(3) Home occupation. (See definitions)

(4) Household pets.

(5) Sales and display of mobile homes.

(6) Day care home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions)

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

a. Minimum Lot Size: 7 acres.

b. Minimum Lot Frontage: 200 feet.

c. Minimum Average Lot Width: 200 feet.

d. Maximum Lot Coverage Permitted: 40 percent.

a. Minimum Front Yard: 20 feet.

b. Minimum Side Yard: 10 feet.

c. Minimum Side Street Yard: 20 feet.

d. Minimum Rear Yard: 10 feet.

a. Maximum Building Height: 40 feet.

b. Maximum Accessory Building Height: 14 feet and one story.

c. Maximum Height for Fences/hedges/walls:

(1) Front and Side Street Yard: 4 feet.

(2) Side and Rear Yard: 6 feet.

d. Special Height Requirements and Exceptions: See General Regulations Section 10-1.2730.

Site Plan Review approval is required before issuance of any building or construction permit or construction of a fence within this district only if the Planning Director determines that a project materially alters the appearance and character of the property or area or may be incompatible with City policies, standards and guidelines. This may include fences (i.e., such as anodized gray chain link fences,) in certain circumstances.

The signage, advertising, leases, and park rules and regulations for spaces in Senior-Only mobile home parks shall state that the park is a Senior-Only mobile home park. Each Senior-Only mobile home park shall have procedures for verifying that the mobile home park qualifies as a senior facility under applicable federal and/or state law, including documentation establishing that at least eighty (80) percent of the mobile homes or spaces in the mobile home park are occupied by at least one resident who is fifty-five (55) years of age or older. These procedures shall provide for regular updates, through surveys or other means, of the initial information supplied by the occupants of the mobile home park. Such updates must take place at least once every two years. A summary of this occupancy verification documentation shall be available for inspection upon reasonable notice and request by City officials.

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Note— Section 10-1.750 added by Ordinance 09-08, adopted July 7, 2009.

The SMU District encourages mixed-use development consisting of either residential with retail, residential with commercial/office, or educational or cultural facilities with public open space, along major transit corridors, near transit stations or in close proximity to public higher educational facilities or large employment centers, in order to provide transit oriented development in a sustainable way.

a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the SMU District as primary uses:

(1) Residential Uses.

Multiple-family dwelling units. (At 25.0 to 55.0 units per net acre.)

(2) Retail.

(a) Bakery

(b) Bookstore

(c) Card shop

(d) Coffee/espresso shop

(e) Delicatessen

(f) Floral shop

(g) Gift shop

(h) Jewelry store

(i) Supermarket

(3) Administrative and Professional Offices/Services.

(a) Accounting and financial offices

(b) Law offices

(c) Medical and dental offices

(4) Personal Services.

(a) Barber or beauty shop

(b) Dry cleaner/laundry

(c) Nail salon

(d) Tailor/seamstress shop

(5) Other Uses.

(a) Low Barrier Navigation Center. (See Section 10-1.2736(b) for criteria and standards.)

b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the SMU District:

(1) Residential Uses.

(a) Accessory Dwelling Unit(s). (Where primary use is residential. See Section 10-1.2740 for criteria and standards.)

(2) Other Uses.

(a) Home Occupation. (See definitions)

(b) Household pets.

(c) Day care home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions)

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

a. Administrative Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the SMU District, subject to approval of an administrative use permit:

(1) Other Uses.

(a) Cultural Facility

(b) Educational Facility (Must be LEED Silver certified and include an adjacent community park)

(c) Recreational Facility

b. Conditional Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the SMU District subject to approval of a conditional use permit:

None.

a. Minimum Lot Size: 20,000 square feet.

b. Required Residential Density Range: 25.0 to 55.0 units per acre.

c. Minimum Lot Frontage: 100 feet.

d. Minimum Average Lot Width: 100 feet.

e. Maximum Lot Coverage: 90 percent.

f. Minimum Lot Depth: 80 feet.

a. Minimum Setbacks along Public Street: 20 feet.

b. Minimum Setbacks for Other Areas: 10 feet.

c. Special Yard Requirements and Exceptions: See General Regulations Section 10-1.2725.

a. Maximum Building Height: 55 feet.

b. Maximum Accessory Building Height: 14 feet and one story.

c. Maximum Height for Fences/Hedges/Walls:

(1) Front and Side Street Setback 4 feet.

(2) Side and Rear Setback 6 feet.

(Also see Section 10-1.845k for additional standards.)

d. Special Height Requirements and Exceptions: See General Regulations Section 10-1.2730.

Site Plan review by the Planning Commission and approval by the City Council is required before issuance of any building permit or construction permit.

The City recognizes that sustainable mixed use developments can contribute in a positive way to a community in reducing the number of car trips necessary. In addition high quality design of structures can contribute to a positive appearance of neighborhoods and improve overall character of the community. This section establishes design and performance standards that shall apply to the construction of mixed use projects that contain a residential component in the SMU District.

Residential Parking Ratios.

Residential units are allowed a maximum of 1.3 off-street parking spaces per studio or one-bedroom unit and a maximum of 1.5 spaces for units with two or more bedrooms.

Open Space and Amenities.

(a) For at least 40% of the units in each mixed use development with a residential component, a minimum of one hundred (100) square feet of usable private open space, consisting of a private yard, patio, porch, deck, balcony, or a combination of the above, shall be provided for each unit.

(b) All mixed use developments with a residential component shall provide a minimum fifteen percent (15%) of the lot area plus 100 square feet per unit for each unit that is not provided private open space, as usable common open space for both passive and recreational uses. Usable open space areas shall not include public or private rights-of-way; vehicular parking areas; areas adjacent to or between structures less than fifteen (15) feet apart; required building setback areas; private patios or yards; or areas having a slope greater than 3:1. Usable open space can include roof decks (including roof deck above structured or podium parking) or interior group open space accessible to all residents in the development.

(c) All common open space associated with mixed use developments with a residential component shall have, at a minimum, a landscaped area of six hundred (600) square feet complete with two (2) benches. Additional amenities may include, but are not limited to, a swimming pool, spa, tot lot with play equipment, picnic shelter with barbecue area, court game facilities and indoor exercise facilities. The types of amenities shall be dependent upon the nature of development and shall be approved by the reviewing authority.

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Editor's note— Ord. No. 26-06, § 1(Att. IV, Exh. B), adopted May 5, 2026, amended Sec. 10-1.800 in its entirety to read as herein set out. Former Sec. 10-1.800, §§ 10-1.800—10-1.845, pertained to Neighborhood Commercial District (CN). See Code Comparative Table for complete history.

a. Residential Office District (RO). The Residential-Office District includes a mix of residential and office uses while maintaining a residential identity. The scale and form of office uses shall not detract from adjacent residential use.

b. Commercial Office District (CO). The CO District includes a mix of residential and office uses. The scale, form, and activity of uses shall not detract from adjacent residential uses.

c. Neighborhood Commercial-Residential District (CN-R). The CN-R District includes a mixture of neighborhood serving businesses and residences along portions of certain arterials to provide housing with ready access to shops and transit.

d. Commercial Neighborhood District (CN). The CN District includes a variety of neighborhood serving businesses in close proximity to residential to provide convenience goods and services purchased frequently.

e. General Commercial District (CG). The CG District includes a wide variety of commercial uses, including uses that attract neighborhood, local, and regional audiences.

f. Central Business District (CB). The CB District provides an alternate commercial hub outside of the Downtown area characterized by a mix of retail, restaurant, and recreation uses.

(Amended by Ordinance 26-06, § 1(Att. IV, Exh. B), 5-5-2026)

Table 10-1.802, Land Use Regulations—Commercial Districts, sets the land use regulations for Commercial Districts 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 Section, other requirements of the Hayward Municipal 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.

"M" designates uses that are permitted after review and approval of a Major Conditional Use Permit.

"-" designates uses that are not allowed.

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.

Section numbers in the right-hand column refer to other sections of the Zoning Ordinance or other limitations as well as subsections following the Table.

Land uses are defined in Article 1, Section 10-1.3500, Definitions. In cases where a specific land use or activity is not defined, the Planning Director or other approving authority shall assign the land use or activity to a classification that is substantially similar in character. Land uses defined in the Hayward Municipal Code and not listed in the table or not found to be substantially similar to the uses below are prohibited. Unless otherwise explicitly stated, all uses shall be conducted indoors.

TABLE 10-1.802: Use Regulations Commercial Districts "P" Permitted Use; "A" Administrative Use Permit Required; "C" Conditional Use Permit Required; "M" Major Conditional Use Permit Allowed; "-" Use Not Allowed

(Amended by ORD-26-06, § 1(Exh. B), 5-5-2026)

Table 10-1.703, Development Standards-Commercial Districts, prescribes the development standards for Commercial Districts.

TABLE 10-1.803: DEVELOPMENT STANDARDS - COMMERCIAL DISTRICTS

(Amended by ORD-26-06, § 1(Exh. B), 5-5-2026)

Site Plan Review, pursuant to Section 10-1.3000, Site Plan Review, is required for the following development projects unless the project otherwise requires Planning Commission approval:

1. Development of new primary structures.

2. Development of new accessory structures greater than 2,500 square feet in size.

3. Additions, or partial demolitions with reconstruction, to a primary structure that increases the net floor area of that structure by at least 50 percent.

4. Any site modification affecting 5,000 square feet or 10 percent of the site area, whichever is greater.

(Amended by ORD-26-06, § 1(Exh. B), 5-5-2026)

For commercial buildings, including mixed use buildings where 50 percent or more of the gross square footage is devoted to commercial uses, refer to the design criteria contained in the Hillside Design and Urban/Wildland Interface Guidelines and the following specific criteria and standards.

a. Accessory Buildings, Detached. Detached accessory buildings, including but not limited to carports, garages, greenhouses, patio covers, sheds, etc., shall meet the following criteria:

(1) Shall not exceed one story or 14 feet in height.

(2) Shall use exterior building materials and colors which either match or are compatible with the primary building. Canvas, plastic, and similar materials shall not be used. Special design consideration shall be given to structures visible from a public street.

(3) Shall not be located in a required front yard or side street yard.

(4) Shall be setback a minimum of 5 feet from a side or rear property line. Use the yard requirement for the primary building if less than 5 feet.

(5) Shall not be located in front of a primary building..

(6) Shall be setback a minimum of 10 feet from a primary building and any other accessory building.

(7) The area of all accessory buildings, either individually or cumulatively, shall not exceed 50 percent of the ground floor area of the primary building.

b. Architectural Projections into Yards. Architectural features such as bay windows, cornices, canopies and awnings that are attached to the primary structure, and eaves may extend 2 feet into any required yard; open stairways and open porches may extend 4 feet into a required rear yard.

c. Decks and Ramps.

(1) Decks and ramps 12 inches or less in height may be located in any yard.

(2) Decks and ramps between 12 to 30 inches in height may be located in any rear or side yard but no closer than three feet to the rear or side property line.

(3) Decks 30 inches or more in height shall conform to the minimum yard setback requirements of the primary building and shall also count toward the lot coverage calculation for the site.

(4) Decks located in hillside areas shall conform to the Hillside Design and Urban/Wildland Interface Guidelines.

d. Fences, Hedges, Walls.

(1) A masonry wall not less than 6 feet in height, shall be required where any commercial district abuts any R, A, MH, OS, residential PD District, or other district where there is conforming residential development on the first floor (except abutting a street right-of-way). The masonry wall shall be constructed and maintained along the interior lot lines of such district abutted.

(2) Reserved.

(3) Allowed Fencing Types. Allowable fence types include wrought iron, tubular steel, omega type steel, decorative metal panels with punched out designs, wood picket, brick, stone, etc. Chain link is only permitted within side and rear yard areas that do not front private driveways or public roadways. Barb, electric, or razor wire or similar security fencing is prohibited, unless otherwise permitted by State law.

(4) Where a lot is situated at the intersection of two or more streets, fences, hedges and walls exceeding 3 feet shall not be permitted within the triangle of visibility. [GRAPHIC]

[Figure]

(5) Retaining Walls.

(a) Retaining walls which are not a part of walls of buildings shall not exceed 6 feet in height as measured from finished grade elevation to top of wall.

(b) A maximum of two successive, approximately parallel retaining walls is permitted when they are separated by a minimum horizontal distance of 6 feet as measured between the centerlines of the walls.

(c) Any additional successive walls shall require a minimum of 15 feet separation provided the required grading is in conformance with City standards and guidelines.

(d) The sides of exposed exterior retaining walls that are visible from the public right-of-way, private streets and driveways, and private and public common open space shall be architecturally treated with colored concrete, plaster, stone veneer, brick, tile, natural stone, cultured stone, the same material as the primary building or an acceptable alternative, as approved by the Planning Director. Alternatively, the exposed exterior retaining wall may be screened by landscaping that blocks 50 percent of the visible wall area at maturity.

(e) The Planning Director may administratively alter or waive any wall requirement, if there is evidence that no practical alternative exists, the purpose of these regulations will not be compromised, and no detrimental impact will result. Applicant shall submit request to alter or waive requirement in writing along with any documentation showing that no practical alternative exists to the Planning Director.

e. Grading. All grading activity shall follow the grading and terrain design standards of the City of Hayward Subdivision Ordinance, Design Guidelines and Hillside Design and Urban/Wildland Interface Guidelines.

f. Landscaping.

(1) Landscape Areas.

(a) Required front, side, side street, and rear yard areas shall be landscaped except for permitted driveways, and walkways. All other areas not utilized for structures or paving shall be landscaped.

(b) Required landscaped areas shall be planted with water-conserving trees, shrubs, turf grass, ground cover, or a combination thereof. The sole use of bark, decorative paving, or decorative rock shall not be allowed in required landscape areas.

(c) Where any landscaped area adjoins driveways or parking areas, Class B Portland Cement concrete curbs shall be constructed to a height of 6 inches above the finished pavement.

(2) Buffer Trees/Landscaping.

(a) A minimum of one 15-gallon buffer tree shall be planted for every 20 lineal feet of property line, where a required side or rear yard abuts an A, R, MH, OS, or residential PD District.

(3) Street Trees. Street trees shall be planted along all street frontages at a minimum of one 24-inch box or larger tree per 20 to 40 lineal feet of frontage or fraction thereof.

(4) Landscaping Near BART.

(a) Parcels abutting, or within 500 feet and in direct view from the BART right-of-way shall include a minimum 10-foot-wide landscape strip along the property line(s) abutting or in view from the BART right-of-way.

(b) The landscape buffer shall include one 15-gallon buffer tree planted for every 20 lineal feet of property line. The tree shall be evergreen and create a continuous tree canopy at maturity as defined by the Sunset Western Garden Book.

(5) Irrigation. Within all required landscaped areas, an automatic water efficient irrigation system shall be installed upon initial construction of any building or substantial alteration to any building or site.

(6) Maintenance.

(a) After initial installation, all plantings shall be maintained in a reasonably weed-free and litter-free condition, including replacement where necessary as determined by the Planning Director.

(b) Required street, parking lot, and buffer trees shall not be severely pruned, topped, or pollarded (cut back to the trunk).

g. Roof-Mounted Equipment. Roof-mounted equipment, antennas, satellite dishes, support structures and similar devices shall be screened from public view.

h. Surfacing. All open areas not landscaped shall be treated or paved with an all-weather, dustless material, such as an asphaltic surface, as approved by the Planning Director. Surfacing shall be permanently maintained, including replacement where necessary.

i. Trash and Recycling Facilities.

(1) Shall be adequately screened from view, utilizing a decorative wood or masonry wall or combination thereof compatible with the design of the primary building on the site.

(2) Shall be located no further than 100 feet from the use it is designed to serve, unless the site topography is such that adhering to this standard would interfere with the collection of trash.

(3) Shall comply with the City's Standard Design Requirements for Collection & Storage of Trash, Recyclables and Organics, available on the City's website, as amended from time to time.

(Amended by ORD-26-06, § 1(Exh. B), 5-5-2026)

For residential uses, including mixed use buildings where over 50 percent of the square footage is devoted to residential uses, refer to the Development Standards in Sections 10-1.803 and the Minimum Design and Performance Standards contained in the Residential Districts, Sections 10-1.204 to 10-1.208.

(Amended by Ordinance 26-06, § 1(Att. IV, Exh. B), adopted May 5, 2026)

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Editor's note— Ord. No. 26-06, § 1(Att. IV, Exh. B), adopted May 5, 2026, replaced the former Sec. 10-1.900 with similar provisions in 10-1.800. The former Sec. 10-1.900 pertained to Neighborhood Commercial-Residential District (CN-R). See Code Comparative Table for complete history.

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Editor's note— Ord. No. 26-06, § 1(Att. IV, Exh. B), adopted May 5, 2026, replaced the former Sec. 10-1.1000 with similar provisions in 10-1.800. The former Sec. 10-1.1000 pertained to General Commercial District (CG). See Code Comparative Table for complete history.

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Editor's note— Ord. No. 26-06, § 1(Att. IV, Exh. B), adopted May 5, 2026, replaced the former Sec. 10-1.1100 with similar provisions in 10-1.800. The former Sec. 10-1.1100 pertained to Commercial Office District (CO). See Code Comparative Table for complete history.

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Editor's note— Ord. No. 26-06, § 1(Att. IV, Exh. B), adopted May 5, 2026, replaced the former Sec. 10-1.1200 with similar provisions in 10-1.800. The former Sec. 10-1.1200 pertained to Limited Access Commercial District (CL). See Code Comparative Table for complete history.

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Editor's note— Ord. No. 26-06, § 1(Att. IV, Exh. B), adopted May 5, 2026, replaced the former Sec. 10-1.1300 with similar provisions in 10-1.800. The former Sec. 10-1.1300 pertained to Central Business District (CB). See Code Comparative Table for complete history.

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Editor's note— Ord. No. 26-06, § 1(Att. IV, Exh. B), adopted May 5, 2026, replaced the former Sec. 10-1.1400 with similar provisions in 10-1.800. The former Sec. 10-1.1400 pertained to Regional Commercial District (CR). See Code Comparative Table for complete history.

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Note— Section 10-1.1522a.(5) amended by Ordinance 04-19, adopted December 21, 2004. Section 10-1.1523b.(5) amended by Ordinance 04-19, adopted December 21, 2004. Maps in Section 10-1.1524, 10-1.1525 and 10-1.1526 amended August 2006. Sections 10-1.1520 through 10-1.1523 amended by Ordinance 13-14, adopted November 19, 2013. Sections 10-1.1520 amended by Ordinance 13-12, adopted November 19, 2013.

The purpose of the Central City - Commercial (CC-C) Subdistrict is to establish a mix of business and other activities which will enhance the economic vitality of the downtown area. Permitted activities include, but are not limited to, retail, office, service, lodging, entertainment, education, and multi-family residential uses.

a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CC-C District as primary uses:

(1) Administrative and Professional Offices/Services.

(a) Accounting and financial offices. (Excluding check cashing stores)

(b) Architectural and engineering offices.

(c) Banks and financial institutions.

(d) Chiropractic and acupuncture offices.

(e) Insurance and real estate offices.

(f) Law offices.

(g) Medical and dental offices.

(h) Travel and airline agency offices.

(2) Automobile Related Uses.

Automobile parts store.

(3) Personal Services.

(a) Barber or beauty shop. (Excluding college)

(b) Dance studio.

(c) Dry cleaner/laundry.

(d) Health club.

(e) Martial arts studio.

(f) Music studio.

(g) Nail salon.

(h) Palm reading.

(i) Photography studio.

(j) Physical fitness studio.

(k) Shoe repair shop.

(l) Tailor/seamstress shop.

(4) Residential Uses.

(a) Residential dwelling unit(s). (Above first floor commercial uses only)

(b) Single-family dwelling. (Existing as of May 4, 1993, including accessory structures and uses)

(c) Residential development as provided in Government Code Sections 65852.24, 65913.4 and 65912.100, as amended from time to time.

(d) Small Unlicensed Group home. (See definitions)

(e) Small Licensed Group home. (See definitions)

(5) Retail Commercial Uses.

(a) Antique store.

(b) Appliance store.

(c) Art and art supplies store.

(d) Bicycle store.

(e) Bookstore.

(f) Camera store.

(g) Card shop.

(h) Carpet/drapery store.

(i) Clothing store.

(j) Consignment store.

(k) Fabric store.

(l) Floral shop.

(m) Furniture store.

(n) Garden supplies store.

(o) Gift shop.

(p) Grocer.

(q) Hardware store.

(r) Jewelry store.

(s) Locksmith shop.

(t) Music store.

(u) Paint/wallpaper store.

(v) Pet grooming shop.

(w) Pet store.

(x) Plumbing and heating store.

(y) Restaurant. (No bar)

(z) Sporting goods store.

(aa) Stationary store.

(bb) Supermarket.

(cc) Theater. (Small Motion Picture or Live Performance. Large Motion Picture Theater located between A and D Streets and Grand and Second Streets.)

(dd) Toy store.

(ee) Variety store.

(ff) Video sales and rental.

(6) Service Commercial Uses.

(a) Appliance repair shop.

(b) Copying or reproduction facility.

(c) Mailing or facsimile service.

(d) Reverse vending machines. (When located within a convenience zone.)

(7) Other Uses.

(a) Broadcasting studio.

(b) Christmas tree or pumpkin patch lot. (See General Regulations Section 10-1.2735.c. for standards)

(c) Day care home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions.)

(d) Educational facilities. Small, generally less than 2,000 square feet and designed to augment the learning process of elementary and secondary students.

(e) Public agency facilities.

(f) Low Barrier Navigation Center. (See Section 10-1.2736(b) for criteria and standards.)

b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the primary uses permitted in the CC-C District:

(1) Accessory buildings and uses. (See Section 10.1.1555.)

(2) Accessory Dwelling Unit(s). (Where primary use is residential. See Section 10-1.2740 for criteria and standards.)

(3) Garage sales. (4 per year per dwelling. See General Regulations Section 10-1.2735.d.)

(4) Home occupation. (See definitions)

(5) Household pets.

(6) Indoor storage. (Clearly subordinate to a primary or conditional use that is open to the public and which conforms to the policies and goals of the Redevelopment Agency and the Central City-Commercial Subdistrict.)

(Amended by Ordinance 17-16, adopted Nov. 7, 2017; Amended by Ordinance 24-01, adopted Jan. 23, 2024; Amended by Ordinance 25-02, § 1(Exh. A), adopted January 21, 2025)

a. Administrative Uses. The following uses are permitted in the CC-C Subdistrict, subject to approval of an administrative use permit:

(1) Administrative and Professional Offices/Services.

None. (2)

Automobile Related Uses.

Parking lot or parking structure.

(3) Personal Services.

(a) Massage parlor. (When ancillary to a primary use such as a beauty shop.)

(b) Suntan parlor.

(4) Residential Uses.

(a) Single Room Occupancy. (See Section 10-1.2736(e) for criteria and standards.)

(b) Medium Licensed Group home. (See definitions)

(5) Retail Commercial Uses.

Wine Shop. (See General Regulations Section 10-1.2750 et seq. for regulations of alcohol.)

(6) Service Commercial Uses.

(a) Recycling collection area. (When located within a convenience zone)

(b) Upholstery shop. (Furniture only)

(7) Other Uses.

(a) Ambulance service.

(b) Banquet hall. (Where no alcohol is served)

(c) Catering facility. (Where no alcohol is served)

(d) Day care center. (State-licensed, less than 24-hour care for children or adults, 15 or more persons, excluding staff. See definitions)

(e) Educational facility.

(f) Farmer's market.

(g) Home occupation - expanded.

(h) Temporary use.

(i) Cultural facility.

(j) Commercial amusement facility.

(k) Educational facility.

(l) Hospital.

(m) Mortuary.

(n) Passenger transportation terminal.

(o) Recreational facility.

(p) Religious facility.

(q) Taxi company.

(r) Convalescent facility.

b. Conditional Uses. The following uses are, or uses determined to be similar by the Planning Director, are permitted in the CC-C Subdistrict subject to the approval of a conditional use permit:

(1) Administrative and Professional Offices/Services.

Check cashing store.

(2) Automobile Related Uses. (Refer to Section 10-1.1045h. for special requirements.)

(a) Automobile sales and rental.

(b) Automobile repair (minor and major).

(c) Automobile service station.

(d) Automobile storage facility. (See definitions)

(e) Car wash. Drive-in establishments.

(3) Personal Services.

Massage parlor. (When not ancillary to a primary use, such as a beauty shop)

(4) Residential Uses.

(a) Multiple-family dwelling. (With dwelling units on first floor)

(b) Large Unlicensed Group home. (See definitions)

(c) Large Licensed Group home. (See definitions)

(5) Retail Commercial Uses. (See Section 10-1.2750 et seq. for regulations of alcohol.)

(a) Bar, cocktail lounge.

(b) Brewery or Distillery.

(c) Cabaret, Dance or Night Club. (See Chapter 6, Article 2 for regulations.)

(d) Commercial Cannabis Retail Dispensary. (See Section 10-1.3600)

(e) Convenience market.

(f) Liquor store.

(g) Pawn shop.

(h) Theater, Large Motion Picture. (Located outside area between A and D Streets and Grand and Second Streets. See Section 10-1.1045 for special requirements.)

(6) Service Commercial Uses.

Hotel or motel.

(7) Other Uses.

(a) Auctions.

(b) Banquet hall. (Where alcohol is served. See Section 10-1.2750 et seq. for regulations of alcohol)

(c) Card club. (Subject to Regulations in Chapter 4, Article 3 of the Hayward Municipal Code, "Card Club Regulations")

(d) Catering facility. (Where alcohol is served. See Section 10-1.2750 et seq. for regulations of alcohol)

(Amended by Ordinance 17-15, adopted Nov. 28, 2017; Amended by Ordinance 25-02, § 1(Exh. A), adopted January 21, 2025)

a. Minimum Lot Size: None.

b. Maximum Residential Density: Densities shall be established in substantial compliance with the Downtown Hayward Design Plan and as indicated herein.

[Figure]

c. Minimum Lot Frontage: None.

d. Minimum Average Lot Width: None.

e. Maximum Lot Coverage: None.

f. Minimum Lot Depth: None.

g. Special Lot Requirements and Exceptions: See General Regulations Section 10-1.2720.

a. Minimum Front Yard: In substantial compliance with Downtown Hayward Design Plan and as indicated herein.

[Figure]

b. Minimum Side Yard: 5 feet, or 10 percent of the lot width up to 10 feet, unless waived by the Planning Director or by the approving authority.

c. Minimum Side Street Yard: 10 feet, unless waived by the Planning Director or by the approving authority.

d. Minimum Rear Yard: None, except 15 feet shall be required for residential uses or other uses abutting residential zones or residentially developed property.

e. Special Yard Requirements and Exceptions: See General Regulations Section 10-1.2725.

a. Maximum Building Height: Maximum height shall be established in substantial compliance with the Downtown Hayward Design Plan and as indicated herein.

[Figure]

b. Maximum Accessory Building Height: 14 feet and one story.

c. Maximum Height for Fences/hedges/walls:

(1) Front and Side Street Yard: 4 feet.

(2) Side and Rear Yard: 6 feet.

(Also see Section 10-1.1555.h. for additional standards.)

d. Special Height Requirements and Exceptions: See General Regulations Section 10-1.2730.

Please refer to Sections 10-1.1550 and 10-1.1555 under Section 10-1.1540 Central City-Plaza Subdistrict (CC-P) for further requirements.

Footnotes:

--- (19) ---

Note— Maps in Section 10-1.1534, 10-1.1535 and 10-1.1536 amended August 2006. Section 10-1.1530 amended by Ordinance 13-12, adopted November 19, 2013.

The purpose of the Central City - Residential (CC-R) Subdistrict is to establish a concentration of multi-family and complementary uses in order to provide a quality central city living environment and to provide market support for Central City businesses.

a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CC-R District as primary uses.

(1) Administrative and Professional Offices/Services.

None. (2)

Automobile Related Uses.

None. (3)

Personal Services.

None. (4)

Residential Uses.

(a) Live/Work.

(b) Small Unlicensed Group home. (See definitions)

(c) Small Licensed Group home. (See definitions)

(d) Multiple-family dwellings. (Density per Downtown Hayward Design Plan)

(e) Single-family dwelling. (Existing as of May 4, 1993, including their accessory structures and uses)

(5) Retail Commercial Uses.

None. (6)

Service Commercial Uses.

Reverse vending machines. (When located within a convenience zone.)

(7) Other Uses.

(a) Ambulance service.

(b) Christmas tree or pumpkin patch lot. (See General Regulations Section 10-1.2735.c. for standards)

(c) Day care home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions)

(d) Public agency facilities.

(e) Low Barrier Navigation Center. (See Section 10-1.2736(b) for criteria and standards.)

b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the permitted uses in the CC-R Subdistrict:

(1) Accessory buildings and uses. (See Section 10.1.1555.)

(2) Accessory Dwelling Unit(s). (Where primary use is residential. See Section 10-1.2740 for criteria and standards.)

(3) Garage sales. (4 per year per dwelling. See General Regulations Section 10-1.2735.d.)

(4) Home occupation. (See definitions)

(5) Household pets.

(6) Indoor storage. (Clearly subordinate to a primary or conditional use that is open to the public and which conforms to the policies and goals of the Redevelopment Agency and the Central City-Residential Subdistrict.)

(Amended by Ordinance 17-16, adopted Nov. 7, 2017; Amended by Ordinance 24-01, adopted January 23, 2024; Amended by Ordinance 25-02, § 1(Exh. A), adopted January 21, 2025)

a. Administrative Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CC-R Subdistrict subject to approval of an administrative use permit:

(1) Administrative and Professional Offices/Services.

(a) Accounting and financial offices. (Excluding check-cashing stores)

(b) Architectural and engineering offices.

(c) Banks and financial institutions.

(d) Check cashing store.

(e) Chiropractic and acupuncture offices.

(f) Insurance and real estate offices.

(g) Law offices.

(h) Medical and dental offices.

(i) Travel and airline agency offices.

(2) Automobile Related Uses.

(a) Automobile parts store.

(b) Parking lot.

(3) Personal Services.

(a) Barber or beauty shop. (Excluding college)

(b) Dance studio.

(c) Dry cleaning/laundry.

(d) Health club.

(e) Martial arts studio.

(f) Massage parlor. (When ancillary to a primary and related use such as a beauty salon)

(g) Nail salon.

(h) Palm reading service.

(i) Music studio.

(j) Photography studio.

(k) Physical fitness studio.

(l) Shoe repair.

(m) Suntan parlor.

(n) Tailor/seamstress shop.

(4) Residential Uses.

(a) Medium Licensed Group home. (See definitions)

(b) Dormitory.

(5) Retail Commercial Uses.

(a) Antique store.

(b) Appliance store.

(c) Art and art supplies store.

(d) Bicycle store.

(e) Bookstore.

(f) Camera store.

(g) Card shop.

(h) Carpet/drapery store.

(i) Clothing store.

(j) Consignment store.

(k) Convenience market. (See General Regulations Section 10-1.2750 et seq. for regulations of alcohol)

(l) Fabric store.

(m) Floral shop.

(n) Furniture store.

(o) Garden supplies store.

(p) Gift shop.

(q) Hardware store.

(r) Jewelry store.

(s) Locksmith shop.

(t) Music store.

(u) Paint/wallpaper store.

(v) Pet grooming shop.

(w) Pet store.

(x) Plumbing and heating store.

(y) Restaurant, with bar. (See General Regulations Section 10-1.2750 et seq. for regulations of alcohol)

(z) Sporting goods store.

(aa) Stationary store.

(bb) Supermarket.

(cc) Toy store.

(dd) Variety store.

(ee) Video sales and rental.

(6) Service Commercial Uses.

(a) Copying or reproduction facility.

(b) Mailing or facsimile service.

(c) Recycling collection area.

(d) Taxi company.

(7) Other Uses.

(a) Ambulance service.

(b) Day care center. (State-licensed, less than 24-hour care for children or adults, 15 or more persons, excluding staff. See definitions)

(c) Educational facility.

(d) Farmer's market.

(e) Home occupation - expanded.

(f) Temporary use.

(g) Cultural facility.

(h) Educational facility.

(i) Hospital.

(j) Recreational facility.

(k) Religious facility.

(l) Convalescent facility.

b. Conditional Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CC-R Subdistrict subject to approval of a conditional use permit:

(1) Administrative and Professional Offices/Services.

None. (2)

Automobile Related Uses.

None. (3)

Personal Services.

None. (4)

Residential Uses.

(a) Large Unlicensed Group home. (See definitions)

(b) Large Licensed Group home. (See definitions)

(5) Retail Commercial Uses.

(6) Service Commercial Uses.

None. (7)

Other Uses.

None. (Amended by Ordinance 17-15, adopted Nov. 28, 2017; Amended by Ordinance 21-05, § 2, adopted July 20, 2021; Amended by Ordinance 25-02, § 1(Exh. A), adopted January 21, 2025)

a. Minimum Lot size: None.

b. Maximum Residential Density: Densities shall be established in substantial compliance with the Downtown Hayward Design Plan and as indicated herein.

[Figure]

c. Minimum Lot Frontage: None.

d. Minimum Average Lot Width: None.

e. Maximum Lot Coverage: None.

f. Special Lot Requirements and Exceptions: See General Regulations Section 10-1.2720.

a. Minimum Front Yard: In substantial compliance with Downtown Hayward Design Plan and as indicated herein.

[Figure]

b. Minimum Side Yard: 5 feet or 10 percent of the lot width up to 10 feet, unless waived by the Planning Director or by the approving authority.

c. Minimum Side Street Yard: 10 feet.

d. Minimum Rear Yard: None, except 15 feet shall be required for residential uses or other uses abutting residential or open space zones or residentially developed property.

e. Special Yard Requirements and Exceptions: See General Regulations Section 10-1.2725.

a. Maximum Building Height: Maximum height shall be established in substantial compliance with the Downtown Hayward Design Plan and as indicated herein.

[Figure]

b. Maximum Accessory Building Height: 14 feet and one-story.

c. Maximum Height for Fences/hedges/walls:

(1) Front and Side Street Yard: 4 feet.

(2) Side and Rear Yard: 6 feet.

(Also see Section 10-1.1555.h. for additional standards)

d. Special Height Requirements and Exceptions: See General Regulations Section 10-1.2730.

Please refer to Sections 10-1.1550 and 10-1.1555 under Section 10-1.1540 Central City-Plaza Subdistrict (CC-P) for further requirements.

Footnotes:

--- (20) ---

Note— Section 1542a.(5) amended by Ordinance 04-19, adopted December 21, 2004. Maps in Section 10-1.1544, 10-1.1545 and 10-1.1546 amended August 2006. Section 10-1.1540 amended by Ordinance 13-12, adopted November 19, 2013.

The purpose of the Central City - Plaza (CC-P) Subdistrict is to establish a unique environment of retail and other complementary uses contributing to the pedestrian nature and quality image of such streets as B Street.

a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CC-P District as primary uses.

(1) Administrative and Professional Offices/Services. (Above first floor only)

(a) Accounting and financial offices. (Excluding check cashing stores)

(b) Architectural and engineering offices.

(c) Banks. (Excluding check cashing stores)

(d) Chiropractic and acupuncture offices.

(e) Insurance and real estate offices.

(f) Law offices.

(g) Medical and dental offices.

(h) Travel and airline agency offices.

(2) Automobile Related Uses.

Automobile parts store.

(3) Personal Services.

(a) Barber/beauty shop. (Excluding beauty college)

(b) Dry cleaning/laundry.

(c) Nail salon.

(d) Photography studio.

(e) Shoe repair.

(f) Tailor/seamstress shop.

(4) Residential Uses.

(a) Live/Work.

(b) Residential dwelling unit(s).

(c) Single-family dwelling(s). (Existing as of May 4, 1993, including their accessory structures and uses, any floor)

(d) Residential development as provided in Government Code Sections 65852.24, 65913.4 and 65912.100, as amended from time to time.

(e) Small Unlicensed Group home. (See definitions)

(f) Small Licensed Group home. (See definitions)

(5) Retail Commercial Uses.

(a) Antique store.

(b) Appliance store.

(c) Art and art supplies store.

(d) Bicycle store.

(e) Bookstore.

(f) Camera store.

(g) Card shop.

(h) Carpet/drapery store.

(i) Clothing store.

(j) Consignment store.

(k) Fabric store.

(l) Floral shop.

(m) Furniture store.

(n) Garden supplies store.

(o) Gift shop.

(p) Hardware store.

(q) Jewelry store.

(r) Locksmith shop.

(s) Music store.

(t) Paint/wallpaper store.

(u) Pet grooming shop.

(v) Pet store.

(w) Plumbing and heating store.

(x) Restaurant. (No bar)

(y) Sporting goods store.

(z) Stationary store.

(aa) Supermarket.

(bb) Theater. (Small Motion Picture, Large Motion Picture or Live Performance.)

(cc) Toy store.

(dd) Variety store.

(ee) Video sales and rental.

(6) Service Commercial Uses.

(a) Appliance repair shop. (Ancillary to appliance sales)

(b) Copying or reproduction facility.

(c) Mailing or facsimile service.

(d) Reverse vending machines. (When located within a convenience zone)

(7) Other Uses.

(a) Broadcasting studio.

(b) Public agency facilities

(c) Parks.

(d) Day care home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions.)

(e) Low Barrier Navigation Center. (See Section 10-1.2736(b) for criteria and standards.)

b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the permitted uses in the CC-P Subdistrict:

(1) Accessory buildings and uses. (See Section 10.1.845a.—d.)

(2) Accessory Dwelling Unit(s). (Where primary use is residential. See Section 10-1.2740 for criteria and standards.)

(3) Garage sales. (4 per year per dwelling. See General Regulations Section 10-1.2735.d.)

(4) Home Occupation. (See definitions)

(5) Household pets.

(6) Indoor storage. (Clearly subordinate to a primary or conditional use that is open to the public and which conforms to the policies and goals of the Redevelopment Agency and the Central City-Plaza Subdistrict.

(Amended by Ordinance 17-16, adopted Nov. 7, 2017; Amended by Ordinance 24-01, adopted January 23, 2024; Amended by Ordinance 25-02, § 1(Exh. A), adopted January 21, 2025)

a. Administrative Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CC-P Subdistrict subject to approval of an administrative use permit:

(1) Administrative and Professional Offices/Services. (On first floor)

(a) Accounting and financial offices.

(b) Architectural and engineering offices.

(c) Chiropractic and acupuncture offices.

(d) Insurance and real estate offices.

(e) Law offices.

(f) Medical and dental offices.

(g) Travel and airline agency offices.

(2) Automobile Related Uses.

None. (3)

Personal Services.

(a) Dance studio. (Non-first floor only.)

(b) Health club. (Non-first floor only.)

(c) Marshall arts studio. (Non-first floor only.)

(d) Music studio. (Non-first floor only.)

(e) Physical fitness studio. (Non-first floor only.)

(f) Suntan parlor. (Non-first floor only.)

(4) Residential Uses.

(a) Medium Licensed Group home. (See definitions)

(b) Dormitory.

(5) Retail Commercial Uses.

None. (6)

Service Commercial Uses.

(a) Recycling collection area. (When located within a convenience zone.)

(b) Upholstery shop. (Furniture only)

(7) Other Uses.

(a) Ambulance service. (Above first floor only)

(b) Banquet hall. (Where no alcohol is served)

(c) Catering facility. (Where no alcohol is served)

(d) Day care center. (Above first floor only. State-licensed, less than 24-hour care for children or adults, 15 or more persons, excluding staff. See definitions)

(e) Farmer's market. (First floor only.)

(f) Home occupation - expanded. (See definitions.)

(g) Temporary use.

(h) Convalescent facility.

b. Conditional Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CC-R Subdistrict subject to approval of an conditional use permit:

(1) Administrative and Professional Offices/Services.

Check cashing store. (First floor only)

(2) Automobile Related Uses.

Parking lot or parking structure. (Above first floor only)

(3) Personal Services.

Massage parlor. (Above first floor only)

(4) Residential Uses.

(a) Large Unlicensed Group home. (See definitions)

(b) Large Licensed Group home. (See definitions)

(5) Retail Commercial Uses. (See General Regulations Section 10-1.2750 et seq. for regulations of alcohol.)

(a) Bar, cocktail lounge.

(b) Commercial Cannabis Retail Dispensary. (See Section 10-1.3600)

(c) Dance or night club.

(d) Convenience market.

(e) Liquor store.

(6) Service Commercial Uses.

Hotel or motel. (Above first floor only)

(7) Other Uses.

(a) Auctions. (Above first floor only)

(b) Banquet hall.

(c) Catering facility.

(d) Commercial amusement facility.

(e) Cultural facility.

(f) Educational facility.

(g) Hospital.

(h) Recreational facility.

(i) Religious facility. (Above first floor only)

(Amended by Ordinance 17-15, adopted Nov. 28, 2017; Amended by Ordinance 25-02, § 1(Exh. A), adopted January 21, 2025)

a. Minimum Lot Size: None.

b. Maximum Residential Density: Densities shall be established in substantial compliance with Downtown Hayward Design Plan, and as indicated herein.

[Figure]

c. Minimum Lot Frontage: None.

d. Minimum Average Lot Width: None.

e. Maximum Lot Coverage: None.

f. Special Lot Requirements and Exceptions: See General Regulations Section 10-1.2720.

a. Minimum Front Yard: In substantial compliance with Downtown Hayward Design Plan, and as indicated herein.

[Figure]

b. Minimum Side Street Yard: None.

c. Minimum Side Yard: None.

d. Minimum Rear Yard: None, except 15 feet shall be required for residential uses or other uses abutting residential or open space zones or residentially developed property.

e. Special Yard Requirements and Exceptions: See General Regulations Section 10-1.2725.

a. Maximum Building Height: Maximum height shall be established in substantial compliance with the Downtown Hayward Design Plan, and as indicated herein.

[Figure]

b. Maximum Accessory Building Height: 14 feet and one story.

c. Maximum Height for Fences/hedges/walls:

(1) Front and Side Street Yard: 4 feet.

(2) Side and Rear Yard: 6 feet.

(Also see Section 10-1.1555h. for additional standards)

d. Special Height Requirements and Exceptions: See General Regulations Section 10-1.2730.

Site Plan Review approval is required before issuance of any building or construction permit or construction of a fence within this district only if the Planning Director determines that a project materially alters the appearance and character of the property or area or may be incompatible with City policies, standards and guidelines.

The City recognizes that high-quality design of commercial structures can contribute to a positive appearance of neighborhoods and improve the overall character of the community. This Section establishes design and performance standards that shall apply to residential and commercial development allowed in the CC districts, including but not limited to cultural, educational, religious or recreational facilities.

Residential Uses.

For residential uses, refer to the Development Standards, Sections 10-1.1521 to 10-1.1546 and the Minimum Design and Performance Standards contained in the Residential Districts, Sections 10-1.204 to 10-1.208.

Non-Residential Buildings and Uses.

For commercial buildings and uses refer to the design criteria contained in the above documents, which ever is most applicable, and the following specific criteria and standards.

a. Accessory Structures, Decorative. Detached decorative accessory structures, including but not limited to arbors, trellises, etc., shall meet the following criteria:

(1) Shall not exceed one story or 14 feet in height.

(2) Shall use exterior materials and colors which either match or are compatible with the primary building. Special design consideration should be given to structures visible from a public street.

(3) Shall not be located in a required front yard or side street yard.

(4) The area of all accessory buildings, either individually or cumulatively shall not exceed 50 percent of the ground floor area of the primary building.

(5) Accessory buildings shall not cumulatively exceed 40 percent coverage of a required rear yard.

(6) Accessory buildings may include a bathroom but shall not be used for habitable living spaces.

b. Adult Entertainment Activity. Refer to Section 10-1.2735.a. for Adult Entertainment Activity Regulations.

c. Alcoholic Beverage Outlets. Refer to Section 10-1.2750 et seq. for Alcoholic Beverage Outlet Regulations.

d. Antennas and Satellite Dishes and Telecommunications Devices. Refer to Chapter 10, Article 13 of the Hayward Municipal Code, the Antenna and Telecommunications Facilities Ordinance, for regulations of antennas, satellite dishes and telecommunications devices.

e. Architectural Design Principles.

(1) All Areas. Refer to the City of Hayward Design Guidelines. Where applicable, development shall also be in substantial conformance with the Downtown Design Plan.

(2) Redevelopment Area. The following special provisions shall apply to buildings located on property within the jurisdiction of the City of Hayward Redevelopment Agency, except for multi-family residences and single-family residences, unless specifically noted herein. For additional information regarding development standards in the Redevelopment Area, refer to the Design Requirements and Guidelines for Downtown Hayward.

(a) The Redevelopment Administrator shall be vested with the discretion to require or waive removal of prohibited design elements.

(b) All construction, including awnings and canopies, shall conform to requirements of the City of Hayward building, plumbing, electrical and mechanical codes and requirements of the State of California (i.e., the Alquist-Priolo Act; Title 24 of the California Administrative Code).

(3) New Construction.

All Areas.

(i) New commercial and multi-family residential construction should reflect the qualities of its particular design environment through use of similar materials, glazing, finishes and colors.

(ii) Buildings must be oriented to the street for ease of pedestrian access and to insure continuity of frontages.

(iii) Parking areas must be screened and landscaped, and must not be so designed as to create barriers for pedestrians.

(iv) Landscaping must be scaled to pedestrians and used to accent architecture.

(v) Buildings may be setback to accommodate landscaping, plaza areas or outdoor dining.

(4) Building Types. Building types existing in the Downtown Hayward Redevelopment Area have been identified as follows:

(a) Main Street Building. Buildings characterized by vertical piers along length of building, with a horizontal sign area above storefront, surmounted by a decorative parapet or cornice, and with upper floor facades penetrated by window openings. Main Street Buildings are located in the Central Area, generally centered around Mission, B and Main Streets and vicinity.

(b) Other Buildings. Structures designed for special purposes and structures which do not fit into the Main Street or Showcase Building definitions, or structures which have been so changed from their original form that they can no longer be categorized as Main Street or Showcase Buildings.

(5) Building Facades - Colors.

(a) Buildings shall generally be light in color.

(b) Accent color for detailing must be coordinated with principal color.

(c) Color combinations shall be harmonious for the entire building.

(d) Fluorescent, loud or sharply contrasting colors are prohibited, except neon lighting may be considered for restaurant type uses, subject to the approval of the Planning Director or other necessary authority.

(6) Building Facades—Materials and Finishes.

(a) All Buildings.

(i) Exterior design and materials shall be harmonious for the building as a whole and blend harmoniously with materials and finishes of nearby buildings. Materials and finishes shall be of durable quality, intended for exterior application and applied in a professional manner.

(ii) Wherever possible, original design materials and finishes must be preserved and deteriorated or damaged areas must be repaired with identical or similar materials.

(b) Main Street Buildings.

(i) Permitted exterior wall materials include, but are not limited to, brick, textured stucco, dressed or cut stone, and terra cotta. Wood siding or shingles may be used when restoring or maintaining the original design but may not be introduced as an entirely new material. All wood must be smooth-finished and stained or painted consistent with the original design scheme.

(ii) Prohibited exterior wall materials include rough-hewn or rustic materials, such as rough-hewn or diagonally applied wood siding, shakes, shingles, and fieldstone; corrugated metal siding; shiny metal or shiny panel siding; plastic panels; imitation brick siding; plywood siding; materials produced for residential or industrial uses; and materials which are inappropriately scaled, such as lava rock, permastone and small tiles. Natural materials, such as fired or glazed brick, tile, marble, terra cotta shall not be painted over. Brick surfaces shall not be repaired with stucco or covered with stucco.

(c) Showcase Buildings.

(i) Sign panel materials shall be smooth, hard-surfaced or slick materials. Side pier and base materials shall relate to the sign panel material or the storefront framing material.

(ii) Prohibited exterior materials include rough-hewn or rustic materials; heavily textured materials; corrugated metal siding; materials produced for residential or industrial uses and materials which are inappropriately scaled; materials which are flimsy in nature. Brick surfaces shall not be repaired with stucco or covered with stucco.

(7) Storefront Elements Materials and Finishes. Wherever possible, building fronts must not be blocked off with walls or blank solid doors, nor shall windows or other openings be filled in.

(a) Main Street Buildings.

(i) The exterior base of storefronts, the area of building below the display window, may be polished marble panels, decorative metal or appropriately scaled ceramic tile.

(ii) Original materials should be maintained.

(iii) Shiny metal or shiny stone panels are prohibited base materials.

(iv) Prohibited entryway paving materials include carpeting, imitation turf and linoleum.

(b) Showcase Buildings.

(i) Only durable materials such as brick pavers, flagstone, terrazzo or tile shall be used for entryways.

(ii) Prohibited paving materials include carpeting, imitation turf and linoleum.

(iii) Storefront materials shall generally have a hard, smooth, durable surface.

(8) Rear or Service Area Building Exteriors.

(a) Loading areas, to the extent possible, must be kept separate from pedestrian and vehicular traffic.

(b) Pedestrian circulation and auto parking areas must be defined and landscaped.

(c) All areas must be kept free of trash and debris.

(d) Trash containers must be stored in enclosed facilities, integrated as much as possible into the design of the building.

(9) Awnings and Canopies.

(a) All Buildings.

(i) In general, awnings and canopies must be harmonious in shape, color, and pattern and must be compatible with the design of the building.

(ii) They must relate to window size and configuration, and must not dominate the storefront or cover up or destroy the building's architectural quality.

(iii) All awnings and canopies shall be installed in a professional manner, avoiding, to the extent possible, unsightly bracing and supporting elements.

(b) Main Street Buildings.

(i) Permitted awnings and canopies include adjustable or fixed canvas or fixed metal, located over either or both ground and upper-floor windows.

(ii) Prohibited awnings and canopies include those which are freestanding or partially self-supporting, continuous horizontal, and continuous building projections.

(10) Maintenance.

(a) All commercial and multi-family residential buildings and properties shall be maintained so as to enhance the appearance of Downtown Hayward.

(b) Properties exhibiting characteristics which include, but are not limited to, the following are considered deleterious and are prohibited:

(i) Cracked masonry or stucco;

(ii) Broken or missing windows, screens or doors;

(iii) Unrepaired fire or vandalism damage;

(iv) Peeling, blistering or fading paint;

(v) Missing or deteriorated trim, tiles or other building elements;

(vi) Obsolete or deteriorated signs;

(vii) Torn or tattered awnings;

(viii) Dented or unrepaired metal overhangs;

(ix) Graffiti;

(x) Exposed storage behind windows;

(xi) Debris, weeds or unkempt landscaping;

(xii) Conditions attractive to pigeons; and

(xiii) Absence of adequate trash enclosure.

(11) Compliance Effective Dates. Compliance with these regulations for the Redevelopment Area shall be as follows:

(a) As of the effective date of these regulations, all new buildings or building expansions for which a building permit is required.

(b) As of the effective date of these regulations, all exterior building modifications for which a building permit is required.

(c) As of the effective date of these regulations, all new signs or sign modifications for which a sign permit is required. (Sign requirements applied only.)

(d) As of the effective date of these regulations, all interior building work exceeding an estimated value of $10,000, as determined by the Building Official, for which a building permit is required.

f. Architectural Projections into Yards. Architectural features such as bay windows, cornices and eaves may extend 2 feet into any required yard.

g. Cannabis. Refer to Section 10-1.3600, Cannabis.

h. Decks and Ramps.

(1) Decks and ramps 12 inches or less in height may be located in any yard.

(2) Decks and ramps between 12 to 30 inches in height may be located in any rear or side yard but no closer than 3 feet to the rear or side property line.

(3) Decks 30 inches or more in height shall conform to the minimum yard setback requirements of the primary building.

(4) Decks located in hillside areas shall conform to the Hillside Design and Urban/Wildland Interface Guidelines.

(5) Ramps for persons with physical disabilities providing access to single-family dwellings shall be constructed in a side yard where possible. If constructed in the front yard shall be decorative, and materials used shall match the home as much as possible. Landscape screening shall be provided along the sides of the ramp.

i. Fences, Hedges, Walls.

(1) Fences, hedges and walls shall require approval by Planning Director or other approving authority, as determined by the Planning Director.

(2) Fence, hedges and walls shall not exceed a height of 4 feet in a required front yard, side street yard or rear yard abutting a street.

(3) For fences limited to a maximum of 4 feet in height, the height limit shall not be exceeded at grade measured on either side of the fence. For fences and walls required to be at least 6 feet high or greater, the height shall be at least the required on both sides of the fence or wall.

(4) Barb or razor wire or similar security fencing is prohibited.

(5) Where a lot is situated at the intersection of two or more streets, fences, hedges and walls shall not be erected, placed, planted, or allowed to grow in such a manner as to obstruct intersection visibility, as contained in Ordinance No. 100 C.S., as amended, Hayward Traffic Code, Sections 9.01 through 9.05, relating to Obstructions to Visibility at Intersections Prohibited, as the same are now in effect or which may hereafter be amended or replaced.

j. Grading. All grading activity shall follow the grading and terrain design standards of the City of Hayward Subdivision Ordinance, Design Guidelines and Hillside Design and Urban/Wildland Interface Guidelines.

k. Landscaping.

(1) Landscape Areas.

(a) Required front, side, side street, and rear yard areas shall be landscaped except for permitted driveways, and walkways. All other areas not utilized for structures or paving shall be landscaped unless otherwise authorized by the Planning Director or other approving authority because of site constraints, existing or adjacent site conditions, or phased development.

(b) Parking is prohibited within required front and side street yards. Where no front or side street yards are required:

(i) A landscape strip at least 10 feet wide, unless a wider strip is otherwise required by the approving authority, shall be installed between accessory parking areas and all existing or future street rights-of-way; and

(ii) The area between all buildings and existing or future street rights-of-way shall be landscaped unless waived by the approving authority.

(c) Required landscaped areas shall be planted with water-conserving trees, shrubs, turf grass, ground cover, or a combination thereof. The sole use of bark, decorative paving, or decorative rock shall not be allowed in required landscape areas.

(d) Where any landscaped area adjoins driveways or parking areas, Class B Portland Cement concrete curbs shall be constructed to a height of 6 inches above the finished pavement.

(2) Buffer Trees/Landscaping.

(a) A minimum of one 15-gallon buffer tree shall be planted for every 20 lineal feet of property line where a required side or rear yard abuts an A, R, MH, OS, or residential PD District.

(b) Masonry walls, solid building walls, trash enclosures, and/or fences facing a street or driveway shall be buffered with continuous shrubs or vines.

(3) Parking Lot Trees/Planters.

(a) Parking areas shall include a minimum of one 15-gallon parking lot tree for every 6 parking stalls, except where restricted because of design constraints.

(b) Parking lot trees shall be planted in tree wells or landscape medians located within the parking area, unless an alternative location is approved by the Planning Director. Required street and buffer trees shall not qualify as parking lot trees.

(c) The minimum dimension of any tree well or landscape median shall be 5 feet, measured from back of curb.

(d) The end of parking rows shall be capped with landscape medians, except where space is restricted because of existing site conditions.

(e) Parking and loading areas shall be buffered from the street with shrubs, walls, or earth berms, as determined by the Planning Director. Where shrubs are used for buffering, the type and spacing of shrubs shall create a continuous 30-inch-high screen within 2 years.

(4) Street Trees. Street trees shall be planted along all street frontages at a minimum of one 24-inch box or larger tree per 20 to 40 lineal feet of frontage or fraction thereof, except where space is restricted due to existing structures or site conditions.

(5) Landscaping Near BART.

(a) Parcels abutting, or within 500 feet and in direct view from the BART right-of-way shall include a minimum 10-foot-wide landscape strip along the property line(s) abutting or in view from the BART right-of-way.

(b) A minimum of one 15-gallon buffer tree shall be planted for every 20 lineal feet of property line. The approving authority may waive the requirement if it would not accomplish the intent of City policies as they relate to landscaping due to existing structures or other obstructions to viewing landscaping.

(6) Irrigation. Within all required landscaped areas, an automatic water efficient irrigation system shall be installed upon initial construction of any building or substantial alteration to any building or site.

(7) Tree Preservation.

(a) Trees shall be preserved in accordance with the Tree Preservation Ordinance with measures included for tree protection during the construction period.

(b) A tree removal permit is required prior to removing any tree 30 inches or larger in trunk circumference (or approximately 10 inches or larger in trunk diameter), measured two feet above the ground.

(8) Maintenance.

(a) After initial installation, all plantings shall be maintained in a reasonably weed-free and litter-free condition, including replacement where necessary as determined by the Planning Director.

(b) Required street, parking lot, and buffer trees shall not be severely pruned, topped, or pollarded (cut back to the trunk).

l. Lighting, Exterior.

(1) Exterior lighting and parking lot lighting shall [be] provided in accordance with the Security Standards Ordinance (No. 90-26 C.S.) and be designed by a qualified lighting designer and erected and maintained so that light is confined to the property and will not cast direct light or glare upon adjacent properties or public rights-of-way. Such lighting shall also be designed such that it is decorative and in keeping with the design of the development.

(2) Subject to the approval of the Redevelopment Administrator, intermittent, rowed lights or neon may outline the window or window letters and designs, for development within the jurisdiction of the City of Hayward Redevelopment Agency, providing the lighting is inside the window and is not glaringly bright.

m. Office Uses in the CC-P Subdistrict.

(1) Offices in the CC-P Subdistrict and on the ground floor shall remain open between the hours of 10 a.m. and 5 p.m., Monday through Friday, except holidays when they may be closed.

(2) Offices shall maintain display windows in an open and attractive manner, and non-view-obscuring doorways shall face the street.

(3) No physical changes to the building shall occur which would make it difficult or costly to convert back to a retail use.

(4) Use Permits granted for offices on the ground floor shall be for at least two years but not to exceed five years as determined by the approving authority.

n. Open Space (Residential).

(1) A minimum of 100 square feet of usable open space is required per dwelling unit. Provisions for usable open space may be waived by the Planning Director or other approving authority for a project consisting of the remodeling of existing dwelling unit(s) or conversion of an existing building to a residential use.

(2) A minimum of 30 square feet per unit shall be utilized for group open space unless the Planning Director or other approving authority reduces this amount or waives the requirement where an alternative open space design would be more appropriate to the shape or terrain of the parcel or tenant character or location of the property.

(3) Group open space, where provided, shall meet multi-family minimum standards.

(4) Except as noted herein, private ground-level and above-ground space shall conform to multi-family minimum standards; for example, balconies shall be not less than 60 square feet in area with a minimum dimension of 6 feet Above-ground, open space such as balconies shall not be located within any required setback area unless waived by the Planning Director or other approving authority.

(5) Open space areas and amenities provided within them shall be available to all residents in a given residential project at no charge other than through conventional rental payments or homeowners' association maintenance dues or other such charges (i.e., no monthly membership dues permitted.)

(6) Site-specific special event rentals of open space areas and amenities are permitted (i.e., rental of a clubhouse for a wedding is permitted.)

o. Outdoor Storage. All uses shall be conducted wholly within enclosed buildings. Minor open storage is a secondary use and is permitted, provided the materials, products, or equipment stored are necessary to the operation of a use being conducted on the site; storage is not placed within required yard or parking areas, and the storage is compatible with adjoining uses, as determined by the Planning Director (for example, adequately screened, set back or not too high, and not visually unpleasant as with outside storage of appliances in conjunction with appliance sales/service).

p. Parking, Driveways and Paving. Parking, driveways and paving for residential and commercial uses shall be provided in accordance with the City of Hayward Off-Street Parking Regulations, Standard Details, and the following criteria:

(1) Parking Spaces Required. With exception to the following specific requirements, refer to the parking space requirements contained in the Off-Street Parking Regulations:

(a) Non-Residential Parking Requirement:

(i) Non-Residential uses shall provide a minimum of 1.0 space for each 315 square feet of gross floor area.

(ii) Additional off-street parking spaces shall not be required for construction of new buildings for commercial uses located on the ground floor in the Central City-Plaza District.

(iii) Off-street parking spaces shall not be required for construction of new buildings of similar area which replace demolished or damaged buildings within 6 months that were located all or partially in the Central City-Plaza District.

(b) Residential Parking Requirement:

(i) Multiple-family housing shall provide a minimum of 1.0 covered and 0.5 uncovered spaces per dwelling unit.

(ii) Multiple-family housing exclusively for the elderly shall provide a minimum of 0.5 covered space per dwelling. (Occupancy requirements must be guaranteed, for example, condition of government financing or grant, or other guarantee acceptable to the City.)

(iii) Within the area subject to the Downtown Core Area Specific Plan, the residential parking requirement may be reduced by the approving authority to a minimum of 1.0 covered space per dwelling unit provided that the aggregate parking supply for all residential units at build out, as described in the Specific Plan, excluding units exclusively for the elderly, is 1.0 covered and 0.50 open spaces per dwelling. Residential parking requirements may be met in locations other than on the development sites, subject to the approval of the reviewing authority.

(2) Parking Space Dimensions.

(a) Standard car parking spaces shall be a minimum of 9 feet wide by 19 feet long.

(b) Compact car parking spaces shall be a minimum of 8 feet wide by 15 feet long.

(c) Covered or uncovered parking spaces located adjacent to walls or support columns shall be increased in width by at least one foot on the effected side(s), to accommodate door swing.

(d) Covered parking spaces shall provide a minimum unobstructed vertical clearance of 7 feet. Parking space areas shall be unobstructed by stairs, cabinets, utilities, etc.

(3) Parking Space Locations.

(a) Parking spaces shall not be located within the required front yard or side street yard setback.

(b) Parking spaces and driveways, not located under a building may be located in a required side and rear yard, but shall not be located within 5 feet of any side or rear yard property line or building. Unless wheel-stops are used, curbing for standard car or compact car parking spaces shall be setback 7 feet 6 inches and 7 feet, respectively, from a property line or building if a vehicular overhang is used.

(4) Driveways and Paving.

(a) The minimum driveway width shall be 20 feet for a two-way driveway and 12 feet for a one-way driveway.

(b) In no case should a driveway exceed one-third of the width of the property frontage width or 35 feet.

(c) Parking and driveway surfaces shall be paved with asphaltic surface or comparable all-weather dustless material(s), such as bricks or pavers, as approved by the Planning Director.

(5) Driveway Aisle Dimensions. The minimum parking lot driveway aisle width shall for a two-way aisle shall be 26 feet for a standard car aisle and 20 feet for a compact car aisle.

(6) Driveway Turn-around Requirement. All commercial and multi-family property shall provide a sufficient paved driveway turn-around to allow vehicles to exit property in a forward direction.

(7) Driveway Security Gates. Refer to Chapter 10, Article 14 of the Hayward Municipal Code.

q. Roof-Mounted Equipment. Roof-mounted equipment, antennas, satellite dishes, support structures and similar devices shall be screened from public view as required by Planning Director or other approval authority.

r. Signs.

(1) Signs shall be of a design in harmony with the environment, shall not constitute excessive visual impact, shall not be hazardous to vehicular traffic, and shall be of a quality conducive to the development of commerce.

(2) Redevelopment Area. For additional information regarding development standards in the Redevelopment Area, refer to the Downtown Design Requirements and Guidelines for Downtown Hayward plan, the Commercial Design Manual for Downtown Hayward and the Downtown Section of the Hayward Design Guidelines.

(3) General.

(a) Permitted Signs. Wall, window, awning, projecting, hanging monument signs, sidewalk display signs and signs of historical or aesthetic significance.

(b) Prohibited Signs. Roof, pole (except as otherwise provided) animated, revolving, flashing (except as part of a window display), portable or signs that obscure the detail of building facades.

(c) Colors. Sign colors must relate to the paint scheme of the building. No more than three colors shall be used on any one sign, unless approved by the Redevelopment Administrator. Fluorescent colors are prohibited.

(d) Lighting. Signs can be illuminated with directional spotlights, indirect lighting or internal lighting if the effect at night is not glaringly bright.

(e) Graphic Design. Sign construction and sign copy must be of professional quality. Primary signage should be designed to identify a business rather than advertise a brand-name product. Adequate contrast between sign, text, and background must be provided but glaring white sign backgrounds and intense colors must be avoided. A letter style that is readable and in scale with the size of the sign must be used. If more than one sign is used, the signs must be compatible in style.

(f) Sign Installation. All signs, except window signs, require a sign permit and building and electrical permits where required. All signs shall be installed in a professional manner, avoiding, to the extent possible, unsightly guy wires or other stabling devices.

(4) Sign Area and Number.

(a) Maximum Number. For all establishments the maximum number of signs permitted per frontage is 2. The maximum number of signs permitted per establishment is 4 except that window signs do not count toward the total.

(b) Total Area. The total area encompassed by a contrasting color scheme shall be counted when calculating allowable sign area.

(c) Foothill Boulevard and "A" Street Area.

(i) The maximum sign area is 2 square feet per linear foot of primary frontage, and one square foot per linear foot of secondary frontage.

(ii) Only one frontage, which must contain a public entrance, may be counted as primary frontage. All other building frontages which have exposure to pedestrian or vehicular traffic are considered secondary frontages.

(iii) Only one secondary frontage may be counted for determining maximum sign area for all secondary frontages. Signs displayed on a single frontage shall be limited to the area and number that are permitted on that frontage alone.

(iv) No establishment shall be permitted more than a total of 200 square feet of sign area. Each establishment shall be entitled to a minimum of 50 square feet for the primary frontage.

(d) Locations other than Foothill Boulevard and "A" Street.

(i) The maximum sign area is one square foot per linear foot of primary frontage, and one-half square foot per linear foot of secondary frontage.

(ii) Only one frontage, which must contain a public entrance, may be counted as primary frontage. All other building frontages which have exposure to pedestrian or vehicular traffic are considered secondary frontages.

(iii) Only one secondary frontage may be counted for determining maximum sign area for all secondary frontages. Signs displayed on a single frontage shall be limited to the area and number that are permitted on that frontage alone.

(iv) No establishment shall be permitted more than a total of 100 square feet of sign area. Each establishment shall be entitled to a minimum of 30 square feet for the primary frontage.

(5) Sign Types.

(a) Wall Signs.

(i) Wall signs may be painted on the wall, or be made of metal, wood (except untreated plywood), plastic, neon or vinyl.

(ii) Fluorescent material is prohibited. Signs shall be located no higher than the cornice or parapet line, whichever is lower.

(iii) Wall signs legally erected before adoption of this ordinance shall be considered in conformance if they do not exceed the maximum allowable area by more than 25 percent, and do not extend above the cornice or parapet line, whichever is lower, by more than 25 percent of the height of the sign.

(b) Permanent Window Signs.

(i) Permanent window signs may include graphics painted on glass, vinyl letters applied to glass, a clear acrylic panel behind the window, or small neon window signs and should be white or light in color since windows have a tendency to appear dark.

(ii) Permanent window signs shall not occupy more than 25 percent of the total area of the window and shall not be counted toward allowable sign area.

(c) Projecting Signs.

(i) Projecting signs shall be located no higher than the cornice or parapet line, whichever is lower, and must be located so as to not obscure any architectural detail of the facade. A double face projecting sign shall be considered one sign.

(ii) The maximum size of a projecting sign shall be 40 square feet (20 sq. ft. per side). Projecting signs shall not project more than 3 feet horizontally, except that along Foothill Boulevard and along "A" Street projecting signs may project up to 5 feet horizontally. In no case may the sign come within 2½ feet of the curb.

(d) Horizontal Hanging Signs.

(i) Horizontal hanging signs, suspended from a canopy or awning, may be placed above an entry. A hanging sign shall not exceed 8 square feet in size (4 sq. ft. per side).

(ii) Hanging signs erected before adoption of this Section shall be considered in conformance if they do not exceed the maximum allowable area by more than 25 percent.

(e) Overhang (Marquee) Signs.

(i) Overhang (marquee) signs are mounted atop the overhang, parallel to the storefront, should not be used in conjunction with wall signs.

(ii) Overhang signs shall not exceed 3 feet in height.

(f) Awning Signs (ground floor).

(i) Awning signs (ground floor) shall not cover more than 30 percent of the total surface area of the awning. The area of an upper-floor awning sign shall not cover more than 20 percent of the total surface area of the awning.

(ii) Colors and lettering of awning signs shall be compatible with businesses they serve, as well as harmonize with neighboring storefronts. Signs on two side panels of an awning shall be considered as one sign for purposes of calculating total number of allowable signs.

(iii) Awning signs erected before adoption of Section 10-1.4993B shall be considered in conformance if they do not exceed the maximum allowable area by more than 25 percent.

(g) Service Station Signs.

(i) Each establishment shall be entitled to a maximum of 100 square feet of business identification, sales and service signs. No such signs shall be freestanding or pole mounted except as provided below.

(ii) One freestanding business identification sign is allowed. Such sign shall not exceed 60 square feet, 30 square feet per face, 15 feet in height or extend beyond the property line. Such sign shall be included in the 100 square foot limitation; and any freestanding business identification sign erected after the adoption of this ordinance shall incorporate a decorative base of brick, stucco, wood, or similar material. A double-faced price sign may be incorporated into or attached to the decorative base. A double-faced price sign may also be attached to the pole of a conforming freestanding business identification sign. Such price signs shall not exceed 20 square feet in area per face.

(iii) Additional Signs. One freestanding, double-faced price sign per street frontage may be permitted. No such sign shall exceed 20 square feet per face. Other miscellaneous State authorized signs may not exceed the minimum size and number provided for by the State. Such miscellaneous signs may be wall or pole mounted.

(h) Temporary Signs.

(i) Hanging Banners. 'Grand Opening' banners shall be permitted on a one-time only basis for a period not to exceed 30 days. Hanging banners shall be permitted for promotional events, twice each year, not to exceed 14 consecutive days each. Other signage for promotional and "Grand Opening" events, as provided for in the Sign Ordinance, shall also be permitted subject to the size, number, and permit regulations set forth in that ordinance.

(ii) Paper or Paint Window Signs. Special sale window signs of either paper or paint, are permitted. Such signs when combined with permanent window signs, must not occupy more than 25 percent of the total area of the window.

(iii) Portable Signs. A-frame, mobile sandwich board signs, and similar signs are prohibited.

(iv) Sidewalk Display Signs. Sidewalk display signs (such as sandwich boards) may be placed on private property, or within the first 18 inches of public property that is directly in front of the individual business. Such sign shall not exceed 6 square feet per side and limited to one per business. Sidewalk display sign area shall not count toward allowable sign area. A minimum passage way width of 48 inches must be maintained along the sidewalk in front of such sidewalk display sign. Such signs shall not be displayed during non-business hours.

s. Surfacing. All open areas not landscaped shall be treated or paved with an all-weather, dustless material, such as an asphaltic surface, as approved by the Planning Director. Surfacing shall be permanently maintained, including replacement where necessary.

t. Trash and Recycling Facilities.

(1) Trash and recycling facilities shall be adequately screened from view, utilizing a decorative wood or masonry wall or combination thereof compatible with the design of the primary building on the site.

(2) Shall be located no further than 100 feet from the use it is designed to serve, unless the site topography is such that adhering to this standard would interfere with the collection of trash.

u. Window Coverage. Transparent windows and doors of buildings occupied by businesses engaging in retail sales, all or a portion of which are within 5 vertical feet of the floor and which are visible from public rights-of-way or pedestrian walkways or are otherwise visible by the general public from the exterior, shall remain free of coverings and materials that prevent views into or out of the stores. Retail goods intended or sale, or goods being stored, or other coverings or materials shall be located no closer than 5 feet from a transparent window or door, unless they are located beneath or above a window and are not visible from public right-of-way or pedestrian walkways or are otherwise visible by the general public. This section shall not apply to signs or retail goods that are presented within or adjacent to a window and that are a part of a decorative window display, as determined by the Planning Director.

(Amended by Ordinance 17-15, adopted Nov. 28, 2017; Amended by Ordinance 24-01, adopted Jan. 23, 2024)

Footnotes:

--- (21) ---

Note— Section 10-1.1555z. added by Ordinance 01-08, adopted July 17, 2001. Section 10-1.1555 amended by Ordinance 13-12, adopted November 19, 2013.

Footnotes:

--- (22) ---

Note— Section 10-1.1600 replaced by Ordinance 19-10, adopted June 4, 2019.

The purpose of the Industrial District is to:

A. Provide a thriving employment center supportive of innovation and advanced manufacturing uses;

B. Designate adequate land for a range of manufacturing, industrial processing, research and development, professional office, distribution and storage, service, and other workplace uses consistent with the General Plan;

C. Strengthen the City's economic employment base and provide a range of employment opportunities to meet the needs of current and future residents;

D. Provide high quality employment opportunities for people at all education levels;

E. Provide a suitable environment for various types of industrial uses, and protect them from the encroachment of uses that would impair industrial operations or create future land use conflicts;

F. Ensure that sensitive uses adjacent to industrial areas are protected through appropriate limitations on uses and appropriate design and development standards; and,

G. Ensure high quality site and building design and the provision of employee amenities to provide a desirable working environment and so that the appearance and effects of development is compatible with the character of the area in which it is located.

The Industrial District is divided into the following subdisticts:

A. Light Industrial (IL). The Light Industrial (IL) Subdistrict, applies to areas that generally contain small parcels located in relatively close proximity to residential areas, accommodates a wide variety of light industrial uses taking place primarily within enclosed buildings and producing minimal impacts on nearby properties. It is most restrictive of all the Industrial Subdistricts on outdoor use and storage, heavy industry, and warehousing and distribution and the most permissive on non-industrial uses such as office, retail, and service commercial uses. Uses with combined small-scale or custom manufacturing and retail components, such as breweries, furniture making, and food production uses, are allowed. In areas adjacent to residential districts, development standards address potential incompatibilities and are intended to minimize impacts and nuisances.

B. Industrial Park (IP). The Industrial Park (IP) Subdistrict, applies to areas with generally larger parcel sizes and uniform streetscapes, as well as areas with existing or potential industrial park development, is intended to provide areas for high technology, research and development, and industrial activities in an industrial park or campus-like atmosphere. A variety of industrial, manufacturing, and high technology uses are allowed, but this Subdistrict is more restrictive with regard to heavy industrial uses than the General Industrial Subdistrict. Warehousing and distribution uses are allowed, provided buildings and site development are designed with an office appearance from right-of-way, or with flexibility to transition to a manufacturing or research and development use. Retail and service uses that serve local employees and visitors are also permitted either as part of a larger development or as stand-alone uses on smaller sites. Development standards focus on creating and maintaining frontages that give the look and feel of integrated development, consistent with an industrial park or campus-like atmosphere.

C. General Industrial (IG). The General Industrial (IG) Subdistrict, applies to areas with a variety of parcel sizes and where a wide range of general industrial uses already exist, is intended to accommodate the widest variety of industrial uses including heavy industrial and warehousing/distribution uses. Development standards focus on well-designed frontages along key corridors and screening with more flexibility in other areas.

Table 10-1.1603, Land Use Regulations—Industrial Subdistricts, sets the land use regulations for Industrial Subdistricts 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 Section, other requirements of the Hayward Municipal 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. "M" designates uses that are permitted after review and approval of a Major Conditional Use Permit. "-" designates uses that are not allowed.

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.

Section numbers in the right-hand column refer to other sections of the Zoning Ordinance or other limitations as well as subsections A through E following the Table.

Land uses are defined in Article 1, Section 10-1.3500, Definitions. In cases where a specific land use or activity is not defined, the Planning Director or other approving authority shall assign the land use or activity to a classification that is substantially similar in character. Land uses defined in the Hayward Municipal Code and not listed in the table or not found to be substantially similar to the uses below are prohibited. Unless otherwise explicitly stated, all uses shall be conducted indoor.

Table 10-1.1603: Use Regulations—Industrial Subdistricts "P" Permitted Use; "A" Administrative Use Permit Required; "C" Conditional Use Permit Required; "M" Major Conditional Use Permit Required "-" Use Not Allowed (unless prohibited or subject to a higher level of permit pursuant to other parts of this Section or other applicable regulations)

A. Outdoor Storage. Refer to Section 10-1.1605(L) for Outdoor Storage regulations.

B. Adult Entertainment Activity. Refer to General Regulations Section 10-1.2735.b. for Adult Entertainment Activity Regulations.

C. Alcoholic Beverage Outlets. Refer to General Regulations Section 10-1.2750 et seq. for Alcoholic Beverage Outlet Regulations.

D. Antennas and Satellite Dishes and Telecommunications Devices. Refer to Chapter 10, Article 13 of the Hayward Municipal Code, the Antenna and Telecommunications Facilities Ordinance, for regulations of antennas, satellite dishes and telecommunications devices.

E. Hazardous Materials Use and Storage. All uses allowed in the Industrial Subdistricts pursuant to Table 10-1.1603 shall comply with all applicable code and regulation requirements pertaining to hazardous materials and the following permit requirements.

1. Permitted. The following hazardous materials use and storage activities are permitted:

a. Production, storage, and/or handling, utilizing Group B hazardous materials less than 5,000 pounds of solids, 550 gallons of liquids, or 2,000 cubic feet of gases at standard temperatures and pressures.

b. Production, storage, and/or handling, utilizing Group C hazardous materials less than 50,000 pounds of solids, 5,500 gallons of liquids, or 20,000 cubic feet of gases at standard temperatures and pressures.

2. Administrative Use Permit. The following hazardous materials use and storage activities are subject to Administrative Use Permit approval:

a. Production, storage, and/or handling, utilizing Group B hazardous materials which exceed the following thresholds: 5,000 pounds of solids, 550 gallons of liquids, or 2,000 cubic feet of gases at standard temperatures and pressures.

b. Production, storage, and/or handling, utilizing Group C hazardous materials which exceed the following thresholds: 50,000 pounds of solids, 5,500 gallons of liquids, or 20,000 cubic feet of gases at standard temperatures and pressures.

3. Conditional Use Permit. Conditional Use Permit approval is required for the production, storage, handling, or similar activities utilizing any amount of hazardous materials classified as Group A hazardous materials by the Fire Chief or his or her designee.

(Amended by Ordinance 21-05, § 2, adopted July 20, 2021; Amended by Ordinance 25-02, § 1(Exh. A), adopted January 21, 2025; Amended by Ordinance 26-06, § 1(Att. IV, Exh. C), adopted May 5, 2026; Memo of 6-4-2026, Att. A)

Table 10-1.1604, Development Standards—Industrial Subdistricts, prescribes the development standards for Industrial Subdistricts.

Table 10-1.1604: Development Standards—Industrial Subdistricts

[Figure: Figure 10-1.1604: Maximum Height, Industrial Subdistricts]

Figure 10-1.1604: Maximum Height, Industrial Subdistricts

(Memo of 6-4-2026, Att. A)

A. Site Plan Review. Site Plan Review, pursuant to Section 10-1.3000, Site Plan Review, is required for the following development projects and uses unless the project otherwise requires Planning Commission approval.

1. Development of new structures greater than 5,000 square feet in size.

2. Additions, or partial demolitions with reconstruction, adding or affecting 10 percent of the existing gross floor area and resulting in a structure greater than 5,000 square feet in size.

3. Any site modification affecting 5,000 square feet or 10 percent of the site area, whichever is greater.

B. Major Site Plan Review. On sites of 10 or more acres, Major Site Plan Review, pursuant to Section 10-3075, shall be obtained prior to any subdivision or other approval for new development.

A. Design Guidelines. All development shall be consistent with the Industrial District Design Guidelines.

B. Sidewalks and Street Frontage Improvements. Sidewalks, curbs, and gutters shall be provided if none already exist, or repaired if the existing sidewalks are in poor condition, to the satisfaction of the City Engineer. Other street frontage improvements shall be installed consistent with City standards and specifications.

C. Primary Building Entrance.

1. All buildings shall be designed with a primary building entrance.

2. A minimum of one building per site shall orient the primary building entrance to face or be oriented to within 45 degrees of parallel to the street frontage. Where a site is located on two public streets, a primary entrance shall be oriented toward the street with the higher classification. If a site fronts two public streets of equal classification, the applicant may choose which frontage on which to meet the requirement.

a. Exception. The entrance orientation requirement may be modified or waived where the Planning Director or other approving authority finds that the intended use of the property or the location of or shape of the site warrant a variation, that street-facing building walls will exhibit architectural relief and/or detail in such a way as to create visual interest at the street frontage, and there are specific features of the site and design of the building such that strict application of the orientation requirement is not necessary to create or enhance visual interest.

D. Facade Transparency at Primary Entrance. A minimum of 50 percent of the building wall area located within 20 feet of the midpoint of a primary building entrance shall be comprised of transparent windows or openings. Glass is considered transparent where it has a transparency higher than 80 percent and external reflectance of less than 15 percent.

1. Exception. The building transparency at primary entrance requirement may be modified or waived where the Planning Director or other approving authority finds that the intended use has unique operational characteristics with which providing the required windows and openings is incompatible and street-facing building walls will exhibit architectural relief and/or design detail, or will be enhanced with landscaping or art, in such a way as to create visual interest.

[Figure: Figure 10-1.1606.D: Elevation Façade Transparency at Primary Entrance]

Figure 10-1.1606.D: Elevation Façade Transparency at Primary Entrance

E. Pedestrian Access. ADA compliant pedestrian walkways shall be provided according to the following standards.

1. Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space or employee amenity areas.

2. To Street and Sidewalk Network. Pedestrian walkways shall connect the primary building entry or entries to a public sidewalk on each street frontage.

3. To Transit. Pedestrian walkways shall be provided from transit stops to building entrances.

4. To Trails and Trail Access Points. Pedestrian walkways shall provide a connection from the site to any adjacent publicly accessible trails and shall provide a connection to trail access points or to off-site facilities that provide connection to nearby trail access points.

F. Detached Accessory Buildings. Detached accessory buildings are permitted subject to the following requirements:

1. Shall not exceed one story or 14 feet in height.

2. Shall be located to the side or rear of the primary building.

3. Shall be a minimum of 20 feet from any property line abutting an A, OS, R, MH, C or residential PD District.

4. Shall be permanent in nature and composed of the same or complementary materials and colors utilized on the primary building. Tents, fabric canopies, and temporary trailers and containers may not be used as permanent accessory structures.

G. Yard Exceptions. Required yards shall be at every point open and shall not be obstructed with non-movable features from the ground upward, except as specifically identified in another section of this Zoning Ordinance or as provided below:

1. Architectural Projections. Architectural features such as bay windows, cornices and eaves may extend up to two feet into any required yard.

2. Decks and Ramps. Decks and ramps less than 30 inches in height and screened with landscaping on all sides may be located within required yards as follows:

a. Decks and ramps 12 inches or less in height may be located in any required yard.

b. Decks and ramps between 12 to 30 inches in height may be located in any required rear or side yard but no closer than three feet to the rear or side property line.

H. Fences, Walls, and Hedges.

1. Maximum Fence Height. Fences, hedges and walls shall not exceed a height of four feet, measured at grade on either side of the fence, in a required front or side street yard or in a required landscape area along the perimeter of the site; and shall not exceed eight feet in height along rear and interior side yards.

2. Required Walls Between Industrial and Other Districts. A solid masonry screening wall shall be provided where an Industrial District abuts any A, C, FP, MH, OS, R, or residential PD District.

a. Timing. The screening wall shall be provided at the time of new construction or expansion of buildings, or changes from one use to another use that requires a use permit.

b. Height. The screening wall shall not be less than eight feet in height, measured on both sides of the wall.

c. Location. Screening walls shall be located interior to any required landscape area along the perimeter of the site and shall be arranged so as to substantially hide the building, facility, or activity required to be screened from adjoining lots.

d. Design. Shall be constructed of split face or other decorative masonry material with a cap that is visible on both sides of the wall.

[Figure: Figure 10-1.1606.H: Walls Between Industrial and Other Districts]

Figure 10-1.1606.H: Walls Between Industrial and Other Districts

3. Security Fencing.

a. Barb, razor wire or electric security fencing shall not be located within any required front or street side yard or within 20 feet of an A, OS, FP, R, MH, C, or residential PD district boundary.

b. The portion of the fence consisting of barb or razor wire or similar security fencing shall not exceed three feet in height and shall be angled inward toward the subject property.

4. Intersection Visibility. Where a lot is situated at the intersection of two or more streets, fences, hedges and walls shall not be erected, placed, planted, or allowed to grow in such a manner as to obstruct intersection visibility, pursuant to Hayward Traffic Code, Sections 9.01 through 9.05, relating to Obstructions to Visibility at Intersections Prohibited, as the same are now in effect or which may hereafter be amended or replaced.

I. Screening.

1. Mechanical and Electrical Equipment. 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 roof-mounted 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 be consistent with the exterior colors and materials 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.

J. Trash and Recycling Facilities.

1. Trash and recycling facilities shall be located within an enclosure with a roof and gate. The enclosure shall be constructed of decorative wood or masonry wall or combination thereof (unless waived by the Planning Director or other approving authority) that is compatible with the design of the primary building on the site.

2. Trash and recycling facilities shall be located no further than 100 feet from the use it is designed to serve, unless the site topography is such that adhering to this standard would interfere with the collection of trash.

K. Window Coverage.

1. Transparent windows and doors of buildings occupied by businesses engaging in retail sales, all or a portion of which are within five vertical feet of the floor and which are visible from public rights-of-way or pedestrian walkways or are otherwise visible by the general public from the exterior, shall remain free of coverings and materials that prevent views into or out of the stores.

2. Retail goods intended or sale, or goods being stored, or other coverings or materials shall be located no closer than five feet from a transparent window or door, unless they are located beneath or above a window and are not visible from public right-of-way or pedestrian walkways or are otherwise visible by the general public.

3. This section shall not apply to signs or retail goods that are presented within or adjacent to a window and that are a part of a decorative window display, as determined by the Planning Director or other approving authority.

L. Outdoor Storage. Storage of goods, materials, machines, equipment, cargo structures, vehicles, trucks or parts outside of a building for more than 72 hours is allowed in conformance with the following:

1. Accessory Use. The materials, products, or equipment stored shall be accessory to and necessary for the operation of a permitted use being conducted within a building on the site.

2. No Activity Outside of a Building. All land uses and activities other than passive storage shall be conducted wholly within enclosed buildings. No processing or activities other than storage is permitted outside of the building(s).

3. Materials. Hazardous or toxic materials shall not be stored outdoors. All goods, materials, machines, equipment, and other shall be contained or covered and shall not result in chemical or polluted stormwater run-off.

4. Location Limitations. Storage shall be located outside of required yards, parking and circulation areas, and required landscaped areas. Outdoor storage shall be located a minimum of 20 feet from residentially zoned land.

5. Screening. Storage shall be screened from view from any public street or freeway; existing or planned residential area; or publicly accessible open space area. The height of stacked materials shall not exceed the height of the screen.

6. Surfacing. Storage shall be located on a paved or other surface approved by the City Engineer.

7. Compatibility. The nature of the items being stored and its location, screening, and extent shall be compatible with adjoining uses, as determined by the Planning Director or other approving authority.

8. Permit Requirements.

a. Outdoor Storage 25 Percent or Less of Site Area. Outdoor storage in combination with a permitted primary use and occupying 25 percent or less of the total open site area is permitted on IL, IP and IG District properties, subject to standards contain in this section. Open site area excludes required yards and parking areas.

b. Outdoor Storage Over 25 and less than 50 Percent of Site Area. Administrative Use Permit approval is required for all outdoor storage occupying more than 25 percent of the total open site area on IL, IP and IG District properties. Outdoor storage on IL and IP District properties may not exceed 50 percent of the site.

c. Outdoor Storage Over 50 Percent of Site Area. Conditional Use Permit approval is required for all outdoor storage occupying more than 50 percent of the total open site area on IG District properties.

M. Lighting, Exterior. Exterior lighting and parking lot lighting shall be provided in accordance with the Security Standards Ordinance (No. 90-26 C.S.) and be designed by a qualified lighting designer and erected and maintained so that light is confined to the property and will not cast direct light or glare upon adjacent properties or public rights-of-way. Such lighting shall also be designed such that it is in keeping with the design of the development.

N. Landscaping. Landscaping and irrigation shall be provided in accordance Chapter 10, Article 12 Bay-Friendly Water Efficient Landscaping Ordinance, and the following.

1. Landscape Areas. The following areas shall be landscaped, and may count toward the total area of site landscaping required by the zoning district regulations.

a. Street Frontages. Street trees shall be planted along all street frontages at a minimum of one 24-inch box tree per 20 to 40 lineal feet of frontage or fraction thereof, except where space is restricted due to existing structures or site conditions.

b. Required Yards. Required front, side, side street, and rear yard areas shall be landscaped, except for permitted driveways, and walkways.

[Figure: Figure 10-1.1606.N.1.b: Street Frontage and Required Yard Landscaping]

Figure 10-1.1606.N.1.b: Street Frontage and Required Yard Landscaping

c. Buffer Areas.

i. A minimum 12-foot wide landscape buffer planted with a minimum of one 15-gallon evergreen tree per 20 linear feet shall be provided along all property lines abutting the BART and railroad right-of-way.

ii. A minimum 10-foot-wide landscape buffer planted with a minimum of one 15-gallon evergreen tree per 20 linear feet shall be provided in the following locations:

(1) Along all property lines abutting an A, C, MH, OS, R, or Residential PD District.

(2) Along all property lines abutting a publicly accessible open space area or trail alignment.

(3) Along all property lines abutting an existing or future right-of-way.

[Figure: Figure 10-1.1606.N.1.c: Buffer Area Landscaping]

Figure 10-1.1606.N.1.c: Buffer Area Landscaping

d. Building Perimeters. Portions of buildings facing a public street shall have one or more landscaped areas with a minimum five-foot-wide landscaped area along a minimum 50 percent of the building face.

[Figure: Figure 10-1.1606.N1.d: Building Perimeter Landscaping]

Figure 10-1.1606.N1.d: Building Perimeter Landscaping

e. Parking Areas. See minimum parking lot landscaping and design standards in Chapter 10, Article 2, Off-Street Parking Regulations.

f. Other Areas. All other areas not utilized for structures or paving shall be landscaped unless otherwise authorized by the Planning Director or other approving authority because of site constraints, existing or adjacent site conditions, or phased development.

2. Materials. The sole use of bark, decorative paving, or decorative rock shall not be allowed in required landscape areas unless approved through an Alternative Landscaping Plan.

3. Tree Preservation. Trees shall be preserved in accordance with Chapter 10, Article 15, Tree Preservation Ordinance.

4. Alternative Landscape Plan. Modifications or revisions to the requirements of this Section related to buffers, building perimeter, parking lot landscaping and materials may be approved by the Planning Director or other approving authority where it is demonstrated that the intent of the landscape requirements of this Section will still be met. However, in all cases, all required setbacks shall be landscaped and the minimum site landscaping requirement shall be met. An Alternative Landscape Plan shall be prepared and shall clearly detail the modifications being requested from the provisions of this Section.

5. Maintenance.

a. Landscaping shall be maintained in a healthy, weed-free condition at all times and the irrigation system shall be designed and operated to reduce runoff, promote surface filtration, and minimize the use of fertilizers and pesticides.

b. The owner's representative shall inspect the landscaping on a monthly basis and replace dead or dying plants (plants that exhibit over 30% dieback) within ten days of the inspection.

c. Three-inch-deep mulch shall be maintained in all planting areas. Mulch shall be organic recycled chipped wood in the shades of Dark Brown Color.

d. All trees planted as a part of the development as shown on the approved landscape plans shall be "Protected" and subjected to protection under Chapter 10, Article 15, Tree Preservation Ordinance.

e. Irrigation systems shall be tested periodically to maintain uniform distribution of irrigation water; irrigation controller shall be programed seasonally; irrigation system should be shut-off during winter season; and the whole irrigation system should be flushed and cleaned when the system gets turn on in the spring.

O. Parking and Loading. The parking and loading provisions of Article 2, Off-Street Parking Regulations, apply in the Industrial Districts except as provided below.

1. Change of Use of Existing Buildings. When a new use is established in an existing building and there is no alteration that would change the building square footage on-site, no additional parking spaces shall be required.

2. Parking Area Adaption Plan. Where parking is provided on any site at a ratio of less than one space per 500 square feet of floor area, a plan shall be provided demonstrating that parking area, in conformance with the requirements of this section and Article 2, providing a minimum of one parking space per 500 square feet of floor area can be accommodated on site without alteration to any structure.

3. Mixed and Accessory Uses. The total requirement for off-street parking spaces shall be the sum of the requirements of the various uses on the site except as provided in Section 10-2.401, Shared Parking, Section 10-2.402, Off-Site Parking, and below.

a. Square footage dedicated to accessory uses occupying no more than 30 percent of the gross floor area shall be subject to the same parking requirements of the primary use of the building in which it is located.

4. Loading Area Orientation and Location. Truck loading areas shall not face the street.

a. Exception. The loading area orientation and location requirement may be modified or waived through Site Plan Review where the Planning Director or deciding authority finds that the intended use of the property or the location of or shape of the site and/or existing development warrant a variation, that street-facing loading areas will exhibit architectural treatment, or will be enhanced with landscaping, in such a way as to minimize the visual impact at the street frontage, and there are specific features of the site and design of the building such that strict application of the orientation requirement is impractical.

5. Bicycle Parking and Placement. All development shall provide short- and long-term bicycle parking spaces in conformance with the Building Code. Short-term bicycle parking shall be located near the project entrance in a well-lit, easily accessible location that does not block walkways. Long-term bicycle parking may be located within lockers or within the building(s) provided all employees have access to the long-term bicycle parking area(s).

P. Employee Amenity Areas. All new development and additions that expand existing floor area by 25 percent or more, resulting in at least 10,000 square feet of floor area and employing 10 people or more, shall provide an employee use area at least 300 square feet in size. The employee use area shall be identified and improved as passive or active recreational space, or indoor or outdoor amenities for the use and enjoyment of employees.

Q. Open Space. All new development and additions that expand floor area by 25 percent or more on sites two acres or more in size shall provide open space areas equal to 10 percent of the site area, or as modified through the Major Site Plan Review process if the approving authority finds that the reduction in open space would be off-set by employee or public amenities that enhance the quality of open space area provided. The open space area shall provide gathering space or opportunities for active or passive recreation, be centrally located, and include benches or other seating and other features that enhance the comfort, aesthetics, or usability of the space. The area provided to meet the open space requirement may count toward other site requirements such as landscaping, employee amenities, and stormwater retention and control if the area provided as open space also meets the criteria of those individual requirements.

R. Sustainability Plan. All applications for new industrial development or redevelopment of a site shall include a Sustainability Plan that incorporates best practices of sustainability for the proposed Business 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.

A. General Standard. Land or buildings shall not be used or occupied in a manner creating any dangerous, injurious, or noxious fire, explosive or other hazard that would adversely affect the surrounding area.

B. Uses/Activities Shall be Conducted Indoors. All land uses, other than outdoor storage consistent with Section 10-1.1606(L), shall be conducted wholly within enclosed buildings.

C. Measurement of Impacts. Measurements necessary for determining compliance with the standards of this Section shall be taken at the lot line of the establishment or use that is the source of a potentially objectionable condition, hazard, or nuisance.

D. Dust, Fumes and Odors. Uses, activities, and processes shall not operate in a manner that emits excessive dust, fumes, odors, smoke, or particulate matter, unless authorized under federal, State, or local law. Sources of air emissions shall comply with all rules established by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board, and the Bay Area Air Quality Management District.

E. Electromagnetic Interference. No use, activity or process shall cause electromagnetic interference with normal radio and television reception, or with the function of other electronic equipment beyond the lot line of the site in which it is situated. All uses, activities and processes shall comply with applicable Federal Communications Commission regulations.

F. Fire and Explosive Hazards. All activities, processes and uses involving the use of, or storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. Firefighting and fire suppression equipment and devices standard in industry shall be approved by the Fire Department. All incineration is prohibited with the exception of those substances such as, but not limited to, chemicals, insecticides, hospital materials and waste products, required by law to be disposed of by burning, and those instances wherein the Fire Department deems it a practical necessity.

G. Glare. No use shall be operated such that significant, direct glare, incidental to the operation of the use is visible beyond the boundaries of the lot where the use is located.

H. Hazardous and Extremely Hazardous Materials. In addition to all other applicable requirements of this Zoning Ordinance, including Section 10.1603(E), Hazardous Materials Use and Storage, the use, handling, storage and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations and the California Fire and Building Codes, as well as the laws and regulations of the California Department of Toxic Substances Control and the County Environmental Health Agency. Activities, processes, and uses shall not generate or emit any fissionable or radioactive materials into the atmosphere, a sewage system or onto the ground.

I. Heat and Humidity. In no case shall heat emitted by a use cause a temperature increase in excess of five degrees Fahrenheit on another property.

J. Noise. All uses and activities shall comply with the Noise Regulations contained in Chapter 4 of the Municipal Code.

K. Waste Disposal.

1. Discharges to Water or Sewers. Liquids and solids of any kind shall not be discharged, either directly or indirectly, into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with applicable regulations of the California Regional Water Quality Control Board and the requirements of the City of Hayward Public Works - Environmental Services Division.

2. Containment. Wastes shall be handled and stored so as to prevent nuisances, health, safety and fire hazards, and to facilitate recycling subject to the review and oversight of the Hayward Fire Department - Hazardous Materials Division. Closed containers shall be provided and used for the storage of any materials which by their nature are combustible, volatile, dust, or odor producing or edible or attractive to rodents, vermin, or insects.

L. Vibration. No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the lot lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard.

M. Maintenance. The owner of each parcel shall, at all times, keep and properly maintain the entire premises in a safe, clean condition and in a good state of repair, complying in all respects with governmental, health, fire, and police requirements and regulations.

Uses, structures, and site development that were legally established but do not comply with the standards and requirements of this Ordinance are subject to the provisions of Section 10-1.2900, Nonconforming Uses, and the following.

A. Additions and Alterations to Nonconforming Structures. Additions and alterations to nonconforming structures may be made provided the addition or alteration conforms with all the development standards of this Title and there is no increase in the nonconformity of the structure.

B. Correction of Nonconforming Building Features and Discretionary Approvals. If any portion of a site or building are modified in conjunction with an application for a discretionary permit, then the site or building area that is the subject of the discretionary application shall be brought into substantial conformance with the Supplemental and Performance standards of this section.

C. Correction of Nonconforming Building Features and Building Permit. For all projects requiring a building permit, structures that are nonconforming because they do not meet the requirements of Section 10-1.1605(C), Primary Building Entrance, or Section 10-1.1605(D), Façade Transparency at Primary Entrance, shall provide façade treatments, design details, or landscaping in such a way as to create or enhance visual interest from the street.

Footnotes:

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Note— (Repealed by Ordinance 19-10, adopted June 4, 2019)

Footnotes:

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Note— (Repealed by Ordinance 19-10, adopted June 4, 2019)

Footnotes:

--- (25) ---

Note— Section 10-1.1985dd. added by Ordinance 01-08, adopted July 17, 2001. Section 10-1-1900 amended by Ordinance 13-12, adopted November 19, 2013.

The purpose of the Air Terminal (AT) District is to provide the City with a unique special area occupied primarily by commercial, industrial, and public uses that are aviation-oriented. Additional high performance industrial and commercial facilities are to be encouraged provided they are not of a nature that might be hazardous to the Airport's operation.

To encourage a functional and compatible association of uses in identifiable areas, this District is divided into the following subdistricts:

a. Air Terminal—Operations (AT-O).

b. Air Terminal—Industrial Park (AT-IP).

c. Air Terminal—Aviation Commercial (AT-AC).

d. Air Terminal—Commercial (AT-C).

e. Air Terminal—Recreational (AT-R).

f. Air Terminal—Medium Density Residential (AT-RM).

The purpose of the AT-O Subdistrict is to provide facilities for aviation operations. These shall include, but not be limited to, runways, taxi-ways, ramps, and required clearances.

a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the AT-O Subdistrict, as primary uses.

(1) Aviation operations and facilities.

(2) Military facilities.

(3) Aircraft tie-downs.

b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the AT-O District:

(1) Accessory buildings and uses. (See Section 10-1.1985)

(Amended by Ordinance 19-10, adopted June 4, 2019)

a. Minimum Lot Size: 10,000 square feet.

b. Minimum Lot Frontage: 35 feet.

c. Minimum Average Lot Width: 70 feet.

d. Maximum Lot Coverage: No limit.

e. Minimum Lot Depth: None.

f. Special Lot Requirements and Exceptions: See Section 10-1.2720.

a. Minimum Front Yard: 20 feet.

b. Minimum Side Street Yard: 10 feet.

c. Minimum Side Yard: None.

d. Minimum Rear Yard: None.

e. Special Side and Rear Yard Provision:

(1) 20 feet where abutting an A, C, MH, OS, R, or residential PD zoning district.

(2) Greater setbacks where required by the Uniform Building Code as adopted by the City.

f. Special Yard Requirements and Exceptions: See Section 10-1.2725.

a. Maximum Height Permitted: 40 feet, except as provided in subsection c. below and as set forth in Chapter 10, Article 6, Airport Approach Zoning Regulations of the Hayward Municipal Code, as now in effect or may hereafter amended or replaced.

b. Maximum Height for Fences/Hedges/Walls:

(1) Front and Side Street Yard: 4 feet.

(2) Side and Rear Yard: No Limit.

(Also see Section 10-1.1985 for additional standards)

c. Height Exception and Special Findings for property located within the boundaries of the Hayward Executive Airport: See Section 10-1.1985(o).

(Amended by Ordinance 18-02, adopted February 6, 2018)

The purpose of the AT-IP Subdistrict is to provide for and encourage the development of industrial uses in areas suitable for same and to promote a desirable and attractive working environment with a minimum of detriment to surrounding properties and uses.

a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the AT-IP District, as primary uses.

(1) Industrial Uses.

(a) [Reserved.]

(b) [Reserved.]

(c) Research and development.

(d) Warehouse and distribution facility.

(e) Wholesale establishment.

(f) Hazardous materials use and storage subject to the following limitations:

(i) Production, storage, and/or handling, utilizing Group B hazardous materials less than 5,000 pounds of solids, 550 gallons of liquids, or 2,000 cubic feet of gases at standard temperatures and pressures.

(ii) Production, storage, and/or handling, utilizing Group C hazardous materials less than 50,000 pounds of solids, 5,500 gallons of liquids, or 20,000 cubic feet of gases at standard temperatures and pressures.

(g) Manufacturing; custom, general, and light.

(2) Administrative and Professional Offices/Services.

(a) Architectural service.

(b) Banks and financial institutions.

(c) Drafting service.

(d) Engineering service.

(e) Medical/dental laboratory.

(f) Offices.

(3) Automobile Related Uses.

Parking lot. (Requires Site Plan Review.)

(4) Personal Services.

None. (5)

Residential Uses.

None. (6)

Retail Commercial Uses.

Retail. (Sale at retail of goods and merchandise distributed on-site, where the cumulative floor area of the retail activity does not exceed 10 percent of the first floor area of the industrial building. Sale is of new commodities only, not used goods. Includes weekend sales of new commodities year-round.)

(7) Service Commercial Uses.

(a) Reverse vending machines(s). (When located within a convenience zone.)

(b) Copying or reproduction facility.

(c) Mailing or facsimile service.

(8) Other Uses.

(a) Ambulance service.

(b) Broadcasting studio. (Radio and television.)

(c) Christmas tree and pumpkin patch lots.(See Section 10-1.2735.c.)

(d) Public agency facilities.

b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the AT-IP District:

(1) Accessory buildings and uses. (See Section 10-1.1985.a.—c.)

(Amended by Ordinance 19-10, adopted June 4, 2019)

a. Administrative Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the AT-IP Subdistrict subject to approval of an administrative use permit:

(1) Industrial Uses.

(a) Industrial equipment sales and rental.

(b) Hazardous materials use and storage subject to the following limitations:

(i) Production, storage, and/or handling, utilizing Group B hazardous materials which exceed the following thresholds: 5,000 pounds of solids, 550 gallons of liquids, or 2,000 cubic feet of gases at standard temperatures and pressures.

(ii) Production, storage, and/or handling, utilizing Group C hazardous materials which exceed the following thresholds: 50,000 pounds of solids, 5,500 gallons of liquids, or 20,000 cubic feet of gases at standard temperatures and pressures.

(2) Administrative and Professional Offices/Services.

None. (3)

Automobile Related Uses.

None. (4)

Personal Services.

None. (5)

Residential Uses.

None. (6)

Retail Commercial Uses.

Restaurant. (No drive-through)

(7) Service Commercial Uses.

None. (8)

Other Uses.

Temporary use.

b. Conditional Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the AT-IP Subdistrict subject to approval of a conditional use permit:

(1) Industrial Uses.

(a) Any AT-IP Use(s) located on a parcel(s) which abuts an A, MH, OS, R, or residential PD zoning district.

(b) Hazardous materials use and storage subject to the following limitations: Production, storage, handling, or similar activities utilizing any amount of hazardous materials classified as Group A hazardous materials by the Fire Chief or his or her designee.

(2) Administrative and Professional Offices/Services.

None. (3)

Automobile Related Uses.

None. (4)

Personal Services.

None. (5)

Residential Uses.

None. (6)

Retail Commercial Uses.

Bar, cocktail lounge. (See Section 10-1.2750 et seq. for regulations of alcohol)

(7) Service Commercial Uses.

None. (8)

Other Uses.

None. (Amended by Ordinance 19-10, adopted June 4, 2019)

a. Minimum Lot Size: 10,000 square feet.

b. Minimum Lot Frontage: 35 feet.

c. Minimum Average Lot Width: 70 feet.

d. Maximum Lot Coverage: 60 percent.

e. Minimum Lot Depth: None.

f. Special Lot Requirements and Exceptions: See Section 10-1.2720.

a. Minimum Front Yard: 25 feet.

b. Minimum Side Yard: 30 feet total both sides, 5 feet minimum one side, none where site abuts railroad spur.

c. Minimum Side Street Yard: 10 feet.

d. Minimum Rear Yard: None.

e. Special Side and Rear Yard Provision:

(1) 20 feet where abutting an A, C, MH, OS, R, or residential PD zoning district.

(2) Greater setbacks where required by the Uniform Building Code as adopted by the City.

f. Special Yard Requirements and Exceptions: See Section 10-1.2725.

a. Maximum Building Height: 40 feet, except as provided in subsection c. below and as set forth in Chapter 10, Article 6, Airport Approach Zoning Regulations of the Hayward Municipal Code, as now in effect or may hereafter amended or replaced.

b. Maximum Height for Fences/Hedges/Walls:

(1) Front and Side Street Yard: 4 feet.

(2) Side and Rear Yard: No Limit.

(Also see Section 10-1.1985m. for additional standards)

c. Height Exception and Special Findings for property located within the boundaries of the Hayward Executive Airport: See Section 10-1.1985(o).

(Amended by Ordinance 18-02, adopted February 6, 2018)

The purpose of the AT-AC Subdistrict is to provide for commercial and service activities that are clearly related to or supportive of the operational aspects of the Air Terminal.

a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the AT-AC District, as primary uses.

(1) Aviation Commercial Uses.

(a) Air photography, survey, and map-making services.

(b) Air charter service.

(c) Aircraft repair.

(d) Aircraft storage (inside or outside).

(e) Aviation clubs.

(f) Aviation schools.

(g) Passenger transportation terminal.

(h) Retail sales within passenger transportation terminals.

(i) Retail sales of aviation equipment, aircraft, fuel and lubricants.

(2) Administrative and Professional Offices/Services.

None. (3)

Automobile Related Uses.

Parking lot.

(4) Personal Services.

None. (5)

Residential Uses.

None. (6)

Retail Commercial Uses.

None. (7)

Service Commercial Uses.

None. (8)

Other Uses.

None. b.

[Reserved.]

(Amended by Ordinance 19-10, adopted June 4, 2019)

a. Administrative Uses. The following uses or uses determined to be similar by the Planning Director, are permitted in the AT-AC Subdistrict, subject to approval of an administrative use permit:

(1) Aviation Commercial Uses.

None. (2)

Administrative and Professional Offices/Services.

None. (3)

Automobile Related Uses.

Automobile rental.

(4) Personal Services.

None. (5)

Residential Uses.

None. (6)

Retail Commercial Uses.

Restaurant. (No drive-through.)

(7) Service Commercial Uses.

None. (8)

Other Uses.

None. b.

Conditional Uses. The following uses or uses determined to be similar by the Planning Director, are permitted in the AT-AC Subdistrict, subject to approval of a conditional use permit:

(1) Aviation Commercial Uses.

None. (2)

Administrative and Professional Offices/Services.

None. (3)

Automobile Related Uses.

None. (4)

Personal Services.

None. (5)

Residential Uses.

None. (6)

Retail Commercial Uses.

Sales, rental, and service of non-aviation equipment, when compatible with aviation uses, for a period not to exceed one day less than five years in maximum duration. Non-aviation uses are limited to no more than 25 percent of the land area in leaseholds within the AT-AC Subdistrict.

(7) Service Commercial Uses.

None. (8)

Other Uses.

None. (Amended by Ordinance 19-10, adopted June 4, 2019)

a. Minimum Lot Size: 50,000 square feet, except that 200,000 square feet shall be required for lots on which fueling activity occurs.

b. Minimum Lot Frontage: 35 feet.

c. Minimum Average Lot Width: 70 feet.

d. Maximum Lot Coverage: 30 percent, except 5 percent minimum, but never less than 5,000 square feet.

e. Special Lot Requirements and Exceptions: See Section 10-1.2720.

a. Minimum Front Yard: 20 feet.

b. Minimum Side Yard: 30 feet total both sides, 5 feet minimum one side, none where site abuts railroad spur.

c. Minimum Side Street Yard: 10 feet.

d. Minimum Rear Yard: None.

e. Special Side and Rear Yard Provision:

(1) 20 feet where abutting an A, C, MH, OS, R, or residential PD zoning district.

(2) Greater setbacks where required by the Uniform Building Code as adopted by the City.

f. Special Yard Requirements and Exceptions: See Section 10-1.2725.

a. Maximum Building Height: 40 feet, except as provided in subsection c. below and as set forth in Chapter 10, Article 6, Airport Approach Zoning Regulations of the Hayward Municipal Code, as now in effect or may hereafter amended or replaced.

b. Maximum Height for Fences/Hedges/Walls:

(1) Front and Side Street Yard: 4 feet.

(2) Side and Rear Yard: No Limit.

(Also see Section 10-1.1985.m. for additional standards).

c. Height Exception and Special Findings for property located within the boundaries of the Hayward Executive Airport: See Section 10-1.1985(o).

(Amended by Ordinance 18-02, adopted February 6, 2018)

The purpose of the AT-C Subdistrict is to provide for certain specified commercial and service uses that are compatible with airport activity, in addition to simultaneously serving the general population of the City.

a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the AT-C District, as primary uses.

(1) Administrative and Professional Offices/Services.

(a) [Reserved.]

(b) Architectural service.

(c) Banks and financial institutions.

(d) [Reserved.]

(e) Drafting service.

(f) Engineering service.

(g) Offices.

(h) Travel agency.

(2) Automobile Related Uses.

Parking lot. (Requires Site Plan Review.)

(3) Personal Services.

Health club.

(4) Residential Uses.

None. (5)

Retail Commercial Uses.

(a) Restaurant. (See Sec. 10-1.1953 for restaurants and coffee/espresso shops with a drive-through facility.)

(b) Retail sales within a hotel or motel.

(6) Service Commercial Uses.

(a) Copying or reproduction facility.

(b) Hotel or motel.

(c) Mailing or facsimile service.

(d) Reverse vending machines(s). (When located within a convenience zone.)

(7) Other Uses.

(a) Broadcasting studio. (Radio and television.)

(b) Christmas tree or pumpkin patch lot. (See Section 10-1.2735.c. for standards.)

(c) Public agency facilities.

(d) Research and development.

(e) Wholesale sales.

b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the AT-C Subdistrict:

(1) Accessory buildings and uses. (See Section 10-1.1985.a.—c.)

(Amended by Ordinance 19-10, adopted June 4, 2019; Amended by Ordinance 25-07, adopted June 17, 2025)

a. Administrative Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the AT-C Subdistrict, subject to approval of an administrative use permit:

(1) Administrative and Professional Offices/Services.

None. (2)

Automobile Related Uses.

Automobile Rental.

(3) Personal Services.

None. (4)

Residential Uses.

(a) Single Room Occupancy. (Only permitted if conversion of existing hotel, see Section 10-1.2736(e) for criteria and standards.)

(5) Retail Commercial Uses.

Retail sales of retail goods with a regional or sub-regional marketing base, including but not limited to discount retail or warehouse retail, on land not to exceed 8 acres which is visible to Hesperian Boulevard.

(a) Apparel.

(b) Appliances.

(c) Art goods.

(d) Bicycles.

(e) Cameras.

(f) Crafts.

(g) Electronics.

(h) Hardware.

(i) Household furnishings.

(j) Office supplies.

(k) Sporting goods.

(l) Similar uses as determined by the Planning Director.

(6) Service Commercial Uses.

None. (7)

Other Uses.

(a) Industrial/Vocational Trade School. (For persons 18 years of age and older)

(b) Health club. (For persons 18 years of age and older)

(c) Temporary use.

b. Conditional Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the AT-C Subdistrict, subject to approval of a conditional use permit:

(1) Automobile Related Uses.

(a) Drive-through Restaurant.

(b) Drive-through Coffee/Espresso Shop.

(Amended by Ordinance 19-10, adopted June 4, 2019; Amended by Ordinance 25-02, § 1(Exh. A), adopted January 21, 2025; Amended by Ordinance 25-07, adopted June 17, 2025)

a. Minimum Lot Size: 10,000 square feet.

b. Minimum Lot Frontage: 35 feet.

c. Minimum Average Lot Width: 70 feet.

d. Maximum Lot Coverage: 60 percent.

e. Minimum Lot Depth: 100 feet.

f. Special Lot Requirements and Exceptions: See Section 10-1.2720.

a. Minimum Front Yard: 20 feet.

b. Minimum Side Yard: None.

c. Minimum Side Street Yard: 10 feet.

d. Minimum Rear Yard: None.

e. Special Side and Rear Yard Provision:

(1) 20 feet where abutting an A, C, MH, OS, R, or residential PD zoning district.

(2) Greater setbacks where required by the Uniform Building Code as adopted by the City.

f. Special Yard Requirements and Exceptions: See Section 10-1.2725.

a. Maximum Building Height: 40 feet, except as provided in subsection c. below and as set forth in Chapter 10, Article 6, Airport Approach Zoning Regulations of the Hayward Municipal Code, as now in effect or may hereafter amended or replaced.

b. Maximum Height for Fences/Hedges/Walls:

(1) Front and Side Street Yard: 4 feet.

(2) Side and Rear Yard: No Limit.

(Also see Section 10-1.1985.m. for additional standards)

c. Height Exception and Special Findings for property located within the boundaries of the Hayward Executive Airport: See Section 10-1.1985(o).

(Amended by Ordinance 18-02, adopted February 6, 2018)

The purpose of the AT-R Subdistrict is to provide for outdoor recreational activities that are compatible with airport activity.

a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the AT-R District, as primary uses.

(1) Recreational Uses.

(a) Golf course.

(b) Health club.

(c) Recreational facilities. (Maintained by a public agency)

(d) Tennis and swim clubs.

(2) Administrative and Professional Offices/Services.

None. (3)

Automobile Related Uses.

None. (4)

Personal Services.

None. (5)

Residential Uses.

None. (6)

Retail Commercial Uses.

Retail. (Which are within and/or ancillary to a public or private recreational facility, golf course, country club, or a health club)

(7) Service Commercial Uses.

None. (8)

Other Uses.

Christmas tree or pumpkin patch lot. (See General Regulations Section 10-1.2735.c. for standards)

b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the AT-R Subdistrict:

(1) Accessory building and use. (See Section 10-1.1985.a.—c.)

(Amended by Ordinance 19-10, adopted June 4, 2019)

a. Administrative Uses.

None. b.

Conditional Uses.

Any recreational uses located on a parcel which abuts an A, OS, R, MH, or residential PD zoning district.

a. Minimum Lot Size: 10,000 square feet.

b. Minimum Lot Frontage: 35 feet.

c. Minimum Average Lot Width: 80 feet.

d. Maximum Coverage Permitted: 60 percent.

e. Minimum Lot Depth: 100 feet.

f. Special Lot Requirements and Exceptions: See General Regulations Section 10-1.2720.

a. Minimum Front Yard: 20 feet.

b. Minimum Side Street Yard: 10 feet.

c. Minimum Side Yard: None.

d. Minimum Rear Yard: None.

e. Special Side and Rear Yard Provision:

(1) 20 feet where abutting an A, OS, R, MH, or residential PD zoning district.

(2) Greater setbacks where required by the Uniform Building Code as adopted by the City.

f. Special Yard Requirements and Exceptions: See General Regulations Section 10-1.2725.

a. Maximum Building Height: 40 feet, except as provided in Chapter 10, Article 6, Airport Approach Zoning Regulations of the Hayward Municipal Code, as now in effect or may hereafter amended or replaced.

b. Maximum Height for Fences/Hedges/Walls:

(1) Front and Side Street Yard: 4 feet.

(2) Side and Rear Yard: No Limit.

(Also see Section 10-1.1985 for additional standards)

(Amended by Ordinance 18-02, adopted February 6, 2018)

The purpose of the AT-RM Subdistrict is to provide residential land uses that are compatible with airport activity.

a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the AT-RM District, when not specified as an administrative or conditional use.

(1) Residential Uses.

(a) Multiple-family dwelling.

(b) Single-family dwelling.

(c) Small Unlicensed Group home. (See definitions)

(d) Small Licensed Group home. (See definitions)

(2) Other Uses.

(a) Day care home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions)

(b) Public agency facilities. (See definitions)

b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the AT-RM District:

(1) Residential Uses.

(a) Accessory Dwelling Unit(s). (Where primary use is residential. See Section 10-1.2740 for criteria and standards.)

(2) Other Uses.

(a) Accessory buildings and uses. (See Section 10.1.1985)

(b) Garage sales. (4 per year per dwelling. See General Regulations Section 10-1.2735.d.)

(c) Home occupation. (See definitions)

(d) Household pets.

(e) Day Care Center. (State-licensed, unless than 24-hour care for children or adults, 15 or more persons, excluding staff.)

(Amended by Ordinance 17-16, adopted Nov. 7, 2017; Amended by Ordinance 24-01, adopted Jan. 23, 2024; Amended by Ordinance 25-02, § 1(Exh. A), adopted January 21, 2025)

a. Administrative Uses.

(1) Residential Uses.

(a) Medium Licensed Group Home. (See definitions)

b. Conditional Uses.

(1) Residential Uses.

(a) Large Unlicensed Group home. (See definitions)

(b) Large Licensed Group home. (See definitions)

(Amended by Ordinance 25-02, § 1(Exh. A), adopted January 21, 2025)

a. Minimum Lot Size: 5,000 square feet.

b. Minimum Lot Area per Dwelling Unit: 2,500 square feet per multiple-family dwelling unit.

c. Minimum Lot Frontage: 35 feet.

d. Minimum Average Lot Width: 50 feet.

e. Maximum Lot Coverage: 50 percent.

f. Minimum Lot Depth: 80 feet.

g. Special Lot Requirements and Exceptions: See General Regulations Section 10-1.2720.

a. Minimum Front Yard: 20 feet.

b. Minimum Side Yard: 5 feet, or 10 percent of the lot width at the building line whichever is greater up to a maximum of 10 feet.

c. Minimum Side Street Yard: 10 feet.

d. Minimum Rear Yard: 20 feet.

e. Special Yard Requirements and Exceptions: See General Regulations Section 10-1.2725.

a. Maximum Building Height: Forty feet (40'), except as provided in Chapter 10, Article 6, Airport Approach Zoning Regulations of the Hayward Municipal Code as now in effect or may hereafter be amended or replaced.

b. Maximum Accessory Building Height: 14 feet and one story.

c. Maximum Height for Fences/Hedges/Walls:

(1) Front and Side Street Yard: 4 feet.

(2) Side and Rear Yard: 6 feet.

(See Section 10-1.1985.m. for additional standards.)

(Amended by Ordinance 18-02, adopted February 6, 2018)

Site Plan Review approval is required prior to issuance of any building or construction permit or construction of a fence within this district only if the Planning Director determines that a project materially alters the appearance and character of the property or area or may be incompatible with City policies, standards and guidelines. This may include fences (i.e., such as anodized gray chain link fences) in certain circumstances.

This Section establishes design and performance standards that shall apply to the construction of aviation, industrial and commercial buildings and uses in the AT District.

Residential Buildings and Uses.

For residential uses, refer to the Development Standards, Sections 10-1.1905 to 10-1.1980 and the Minimum Design and Performance Standards contained in the Residential Districts, Sections 10-1.204 to 10-1.208.

Commercial Buildings and Uses.

For commercial buildings and uses, refer to the Minimum Design and Performance Standards contained in the CN District.

Air Terminal and Industrial Buildings and Uses.

For air terminal and industrial buildings and uses refer to the following specific criteria and standards.

a. Accessory Buildings, Detached.

(1) Detached accessory buildings shall meet the following criteria:

(2) Shall not exceed one story.

(3) Shall not be located in a required front yard or side street yard.

(4) Shall be setback a minimum of 20 feet from a side or rear property line where abutting an A, C, FP, MH, OS, R, or residential PD zoning district.

(5) Shall not be located in front of a primary building, unless no other practical alternative exists.

(6) Shall be setback a minimum of 10 feet from a primary building and any other accessory building. Greater setbacks may be necessary where required by the Uniform Building Code as adopted by the City.

b. Accessory Structures, Decorative.

(1) Detached decorative accessory structures, including but not limited to arbors, shade covers, trellises, etc., shall meet the following criteria:

(a) Shall not exceed one story.

(b) Shall use exterior materials and colors which either match or are compatible with the primary building. Special design consideration should be given to structures visible from a public street.

(c) Shall not be located in a required front yard or side street yard.

c. Additions and Accessory Structures Attached to Primary Building. Additions and accessory structures attached to the primary building shall meet all the development standards required of the primary building.

d. Aircraft Parking. Adequate on-site parking for aircraft shall be provided for tenants, customers, guests, and others as required. Hangar doors shall be set back at least 25 feet from property lines abutting taxiways.

e. Alcoholic Beverage Outlets. Refer to Section 10-1.2750 et seq. for Alcoholic Beverage Outlet Regulations.

f. Antennas and Satellite Dishes and Telecommunications Devices. Refer to Chapter 10, Article 13, of the Hayward Municipal Code, the Antenna and Telecommunications Facilities Ordinance, for regulations of antennas, satellite dishes and telecommunications devices.

g. Architectural Design Principles.

(1) Refer to the City of Hayward Design Guidelines where applicable. Where abutting residential zoning districts, all structures shall be designed to:

(a) Be appropriate for the proposed use(s);

(b) Incorporate design elements that are harmonious and in proportion to one another;

(c) Be compatible with the design of adjacent uses; and

(d) Incorporate an appropriate use or mixture of color, texture, patterns, shadows, offsets and decorative siding, roofing, window and accent materials such as wood, tinted glass, plaster, tile or masonry.

h. Architectural Projections into Yards. Architectural features such as bay windows, cornices and eaves may extend 2 feet into any required yard.

i. Aviation Fuel Storage. Aviation fuel shall be stored in aircraft tanks, in delivery units approved by the Fire Department, or in aviation fuel storage areas reserved for such use as approved by the Fire Department.

j. Decks and Ramps.

(1) Decks and ramps 12 inches or less in height may be located in any yard.

(2) Decks and ramps between 12 to 30 inches in height may be located in any rear or side yard but no closer than 3 feet to the rear or side property line.

(3) Decks 30 inches or more in height shall conform to the minimum yard setback requirements of the primary building.

(4) Landscape screening shall be provided along the sides of the ramp.

k. Electronic and Radio Interference. No operation shall emit electrical, electronic, or radio emissions which will interfere with, obstruct, or adversely affect the operation of air navigation aids and radio communication.

l. Fences, Hedges, Walls.

(1) Fences shall be installed so as to restrict access to airport operational areas or adjacent residential, industrial or commercial districts or uses as required by the Planning Director. Design and construction of fences and walls shall conform to appropriate commercial, industrial, or residential standards, and the following criteria.

(2) Fence, hedges and walls shall not exceed a height of 4 feet in a required front yard, side street yard or rear yard abutting a street.

(3) Fences and walls above 6 feet in height shall require approval by the Planning Director and a Building Permit.

(4) For fences limited to a maximum of 4 feet in height, the height limit shall not be exceeded at grade measured on either side of the fence. For fences and walls required to be at least 6 feet high or greater, the height shall be no higher than the height required on both sides of the fence or wall.

(5) Barb or razor wire or similar security fencing shall not be located less than 6 feet above ground along a common property line of a residential property. Such fencing shall not exceed 3 feet in height and where used shall be angled toward the industrial use.

(6) Where a lot is situated at the intersection of two or more streets, fences, hedges and walls shall not be erected, placed, planted, or allowed to grow in such a manner as to obstruct intersection visibility, as contained in Ordinance No. 100 C.S., as amended, Hayward Traffic Code, Sections 9.01 through 9.05, relating to Obstructions to Visibility at Intersections Prohibited, as the same are now in effect or which may hereafter be amended or replaced.

m. Fire Insurance Rating. No operation shall by its nature increase the fire insurance rating for adjoining or adjacent parcel(s).

n. Grading. All grading activity shall follow the grading and terrain design standards of the City of Hayward Subdivision Ordinance, and Design Guidelines.

o. Height Exception and Special Findings for Hayward Executive Airport Property. The approving authority may approve or conditionally approve a request for an increase in height of a structure over 40 feet when the request accompanies a site plan review or use permit application, and the following additional findings are made:

(1) The proposed structure will not constitute a hazard to or result in an unsafe condition for air navigation pursuant to Federal Aviation Administration review and approval; and

(2) The increase in height over 40 feet is necessary to achieve a more beneficial site layout or will result in public benefits/amenities that could not be achieved under current zoning standards.

p. Landscaping.

(1) Landscape Areas.

(a) Required front, side, side street, and rear yard areas shall be landscaped except for permitted driveways, and walkways. All other areas not utilized for structures or paving shall be landscaped unless otherwise authorized by the Planning Director or other approving authority because of site constraints, existing or adjacent site conditions, or phased development.

(b) Parking is prohibited within required front and side street yards. Where no front or side street yards are required:

(i) A landscape strip at least 10 feet wide, unless a wider strip is otherwise required by the approving authority, shall be installed between parking areas and all existing or future street rights-of-way; and

(ii) The area between all buildings and existing or future street rights-of-way shall be landscaped unless waived by the approving authority.

(c) Required landscaped areas shall be planted with water-conserving trees, shrubs, turf grass, ground cover, or a combination thereof. The sole use of bark, decorative paving, or decorative rock shall not be allowed in required landscape areas.

(d) Where any landscaped area adjoins driveways or parking areas, Class B Portland Cement concrete curbs shall be constructed to a height of 6 inches above the finished pavement.

(2) Buffer Trees/Landscaping.

(a) A minimum of one 15-gallon buffer tree shall be planted for every 20 to 40 lineal feet of property line where a required side or rear yard abuts an A, C, FP, MH, OS, R, or residential PD District.

(b) Masonry walls, solid building walls, trash enclosures, and/or fences facing a street or driveway shall be buffered with continuous shrubs or vines.

(3) Parking Lot Trees/Planters.

(a) Parking areas shall include a minimum of one 15-gallon parking lot tree for every six parking stalls, except where restricted because of design constraints.

(b) Parking lot trees shall be planted in tree wells or landscape medians located within the parking area, unless an alternative location is approved by the Planning Director. Required street and buffer trees shall not qualify as parking lot trees.

(c) The minimum dimension of any tree well or landscape median shall be 5 feet, measured from back of curb.

(d) The end of parking rows shall be capped with landscape medians, except where space is restricted because of existing site conditions.

(e) Parking and loading areas shall be buffered from the street with shrubs, walls, or earth berms, as determined by the Planning Director. Where shrubs are used for buffering, the type and spacing of shrubs shall create a continuous 30-inch-high screen within 2 years.

(4) Street Trees. Street trees shall be planted along all street frontages at a minimum of one 24-inch or larger box tree per 20 to 40 lineal feet of frontage or fraction thereof, except where space is restricted due to existing structures or site conditions.

(5) Irrigation. Within all required landscaped areas, an automatic water efficient irrigation system shall be installed upon initial construction of any building or substantial alteration to any building or site.

(6) Tree Preservation.

(a) Trees shall be preserved in accordance with the Tree Preservation Ordinance with measures included for tree protection during the construction period.

(b) A tree removal permit is required prior to removing any tree 30 inches or larger in trunk circumference (or approximately 10 inches or larger in trunk diameter), measured 2 feet above the ground.

(7) Maintenance.

(a) After initial installation, all plantings shall be maintained in a reasonably weed-free and litter-free condition, including replacement where necessary as determined by the Planning Director.

(b) Required street, parking lot, and buffer trees shall not be severely pruned, topped, or pollarded (cut back to the trunk).

q. Lighting, Exterior. Exterior lighting and parking lot lighting shall be provided in accordance with the Security Standards Ordinance (No. 90-26 C.S.) and be designed by a qualified lighting designer and erected and maintained so that light is confined to the property and will not cast direct light or glare upon adjacent properties or public rights-of-way or interfere with airport operations or flight operations. Such lighting shall also be designed such that it is in keeping with the design of the development.

r. Outdoor Storage. Storage of goods, materials, machines, equipment, cargo structures, vehicles, trucks or parts outside of a building for more than 72 hours is allowed in conformance with the following:

1. Accessory Use. The materials, products, or equipment stored shall be accessory to and necessary for the operation of a permitted use being conducted within a building on the site.

2. No Activity Outside of a Building. All land uses and activities other than passive storage shall be conducted wholly within enclosed buildings. No processing or activities other than storage is permitted outside of the building(s).

3. Materials. Hazardous or toxic materials shall not be stored outdoors. All goods, materials, machines, equipment, and other shall be contained or covered and shall not result in chemical or polluted stormwater run-off.

4. Location Limitations. Storage shall be located outside of required yards, parking and circulation areas, and required landscaped areas. Outdoor storage shall be located a minimum of 20 feet from residentially zoned land.

5. Screening. Storage shall be screened from view from any public street or freeway; existing or planned residential area; or publicly accessible open space area. The height of stacked materials shall not exceed the height of the screen.

6. Surfacing. Storage shall be located on a paved or other surface approved by the City Engineer.

7. Compatibility. The nature of the items being stored and its location, screening, and extent shall be compatible with adjoining uses, as determined by the Planning Director or other approving authority.

8. Permit Requirements.

a. Outdoor Storage Less Than 25 Percent of Site Area. Outdoor storage in compliance with the standards of this Section and any other applicable requirements occupying a cumulative area of less than 50 percent of the total site area is permitted.

b. Outdoor Storage 25 Percent or More of Site Area. Administrative Use Permit approval is required for all outdoor storage occupying a cumulative area of 50 percent or more of the total site area.

s. Parking, Driveways and Paving. Parking, driveways and paving for air terminal, industrial and commercial uses shall be provided in accordance with the City of Hayward Off-Street Parking Regulations and Standard Details and Article 2, Off-Street Parking Regulations

t. Retaining Walls. Retaining walls which are not a part of walls of buildings shall require review and approval by the Planning Director.

u. Not used.

v. Not used.

w. Roof-Mounted Equipment. Roof-mounted equipment, antennas, satellite dishes, support structures and similar devices shall be screened from public view as required by the Planning Director or other approval authority.

x. Signs. Signs shall be of a design in harmony with the environment, shall not constitute excessive visual impact, shall not be hazardous to vehicular traffic, and shall be of a quality conducive to the development of commerce. (Refer to the City of Hayward Sign Ordinance for specific regulations.)

y. Surfacing. All open areas not landscaped shall be treated or paved with an all-weather, dustless material, such as an asphaltic surface, as approved by the Planning Director. Surfacing shall be permanently maintained, including replacement where necessary.

z. Trash and Recycling Facilities.

(1) Trash and recycling facilities shall be adequately screened from view, utilizing a decorative wood or masonry wall or combination thereof compatible with the design of the primary building on the site.

(2) Shall be located no further than 100 feet from the use it is designed to serve, unless the site topography is such that adhering to this standard would interfere with the collection of trash.

aa. Window Coverage. Transparent windows and doors of buildings occupied by businesses engaging in retail sales, all or a portion of which are within 5 vertical feet of the floor and which are visible from public rights-of-way or pedestrian walkways or are otherwise visible by the general public from the exterior, shall remain free of coverings and materials that prevent views into or out of the stores. Retail goods intended or sale, or goods being stored, or other coverings or materials shall be located no closer than 5 feet from a transparent window or door, unless they are located beneath or above a window and are not visible from public right-of-way or pedestrian walkways or are otherwise visible by the general public. This section shall not apply to signs or retail goods that are presented within or adjacent to a window and that are a part of a decorative window display, as determined by the Planning Director.

(Amended by Ordinance 18-02, adopted February 6, 2018; amended by Ordinance 19-10, adopted June 4, 2019; Amended by Ordinance 24-01, adopted Jan. 23, 2024)

Footnotes:

--- (26) ---

Note— Section 10-1.2020(b)(3) amended by Ordinance 04-13, adopted September 28, 2004. Section 10-1.2000 amended by Ordinance 13-12, adopted November 19, 2013.

The A District shall be subject of the following specific regulations in addition to the general regulations hereinafter contained in order to preserve agricultural areas until such time as orderly development may take place.

Combining B2.5A, B5A, B10A, B100A, or B160A.

a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the A District as primary uses:

(1) Agricultural Uses.

(a) Crop and tree farming. (Including truck gardening, nurseries, greenhouses, apiaries, hatcheries, aviaries, flower or vegetable gardens and similar uses.)

(b) Farm or ranch. (For the grazing or breeding of livestock, provided livestock is not kept within a distance of 40 feet from any dwelling, or the boundary of any district other than A or FP Districts.)

(c) Sale of fruits, vegetables, and flowers grown on premises. (Provided sales or displays are not conducted from a motor vehicle, or a structure or stand exceeding 300 square feet in area.)

(2) Residential Uses.

(a) Single-family dwelling.

(b) Small Unlicensed Group home. (See definitions)

(c) Small Licensed Group home. (See definitions)

(3) Other Uses.

(a) Christmas tree or pumpkin patch lot. (See General Regulations Section 10-1.2735.c. for standards)

(b) Day care home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions)

(c) Public agency facilities.

b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the primary uses permitted in the A District:

(1) Residential Uses.

(a) Accessory Dwelling Unit(s). (Where primary use is residential. See Section 10-1.2740 for criteria and standards.)

(b) Second single-family dwelling. (Where one single-family dwelling already exists on a lot, one additional single-family dwelling may be constructed provided the minimum development standards (lot size, setbacks, height, etc.) can be met for each dwelling).

(2) Other Uses.

(a) Accessory buildings and uses. (Including green houses, stables, barns, corrals, pens, coops, and structures used for parking or processing of products raised upon the premises, and similar uses and structures customarily incidental to agricultural uses. Also see Section 10-1.2735.e.)

(b) Garage sales. (4 per year per dwelling. See Section 10-1.2735.d.)

(c) Home occupation. (See definitions)

(d) Livestock, large and small. (See Section 10-1.2735.e. and definitions.)

(Amended by Ordinance 17-16, adopted Nov. 7, 2017; Amended by Ordinance 24-01, adopted Jan. 23, 2024; Amended by Ordinance 25-02, § 1(Exh. A), adopted January 21, 2025)

a. Administrative Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the A District, subject to approval of an administrative use permit:

(1) Agricultural Uses.

(a) Riding stable or academy.

(b) Kennel.

(2) Residential Uses.

(a) Medium Licensed Group home. (See definitions)

(3) Other Uses.

(a) Ambulance service.

(b) Day care center. (State-licensed, less than 24-hour care for children or adults, 15 or more persons, excluding staff. See definitions)

(c) Home occupation, expanded. (See definitions)

(d) Hospital.

(e) Kennel.

(f) Parking lot.

(g) Temporary use.

(h) Wind energy conversion system.

(i) Convalescent facility.

b. Conditional Uses. The following uses, or uses determined to be similar by the Planning Director, are conditional uses permitted in the A District, subject to the approval of a conditional use permit:

(1) Agricultural Uses.

None. (2)

Residential Uses.

(a) Large Unlicensed Group home. (See definitions)

(b) Large Licensed Group home. (See definitions)

(3) Other Uses.

(a) Asphalt or concrete batch plant, when ancillary to a quarry.

(b) Cultural facility.

(c) Educational facility.

(d) Golf course, country club.

(e) Quarry.

(f) Recreational facility.

(g) Religious facility.

(Amended by Ordinance 25-02, § 1(Exh. A), adopted January 21, 2025)

a. Minimum Lot Size: 1 acre.

b. Minimum Lot Frontage: 35 feet.

c. Minimum Average Lot Width: 200 feet.

d. Maximum Lot Coverage: 40 percent.

e. Minimum Lot Depth: 100 feet.

f. Special Lot Requirements and Exceptions: See Section 10-1.2720.

a. Minimum Front Yard: 20 feet.

b. Minimum Side Yard: 30 feet combined, with no one side yard of less than 10 feet.

c. Minimum Second Story Side Yard: One side of a two-story building shall be stepped in an additional 5 feet.

d. Minimum Side Street Yard: 10 feet.

e. Minimum Rear Yard: 35 feet or 30 feet from tree line.

(Exception: Reduction of required rear yard to 25 feet is permitted for one-story additions attached to the rear of a single-family dwelling, provided the required rear yard area is not reduced by more than 20 percent.)

f. Special Yard Requirements and Exceptions: See Section 10-1.2725.

a. Maximum Building Height: 40 feet.

b. Maximum Accessory Building Height: 26 feet.

c. Maximum Height for Fences/Hedges/Walls.

(1) Front and Side Street Yard: 4 feet.

(2) Side and Rear Yard: 6 feet. (Unless the Planning Director determines that a taller fence is necessary to contain livestock and the design of the fence would not detract from the appearance of the surrounding areas.)

(Also see Section 10-1.2045 for additional standards.)

d. Special Height Requirements and Exceptions: See General Regulations Section 10-1.2730.

Site Plan Review approval is required before issuance of any building or construction permit or construction of a fence, corral or shelter within this district only if the Planning Director determines that a project materially alters the appearance and character of the property or area or may be incompatible with City policies, standards and guidelines. This may include fences (i.e., such as anodized gray chain link fences,) in certain circumstances.

This Section establishes design and performance standards that shall apply to the construction of agricultural, commercial, and residential buildings and uses in the A District.

Residential Uses.

For residential uses, refer to the Development Standards, Sections 10-1.2005 to 10-1.2040 and the Minimum Design and Performance Standards contained in the Residential Districts, Sections 10-1.204 to 10-1.208.

Agricultural and Commercial Uses.

For agricultural and commercial buildings and uses, including but not limited cultural, educational, religious or recreational facilities, refer to the applicable criteria and standards contained in the CN District, Section 10-1.845.

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

Footnotes:

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Note— Section 10-1.2100 amended by Ordinance 13-12, adopted November 19, 2013.

The FP District shall be subject to the following specific regulations in addition to the general regulations hereinafter contained in order to protect persons and property from the hazards of development in areas subject to tidal or flood water inundation, and to protect the community from the costs which may be incurred or premature development occurs in such area.

a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the FP District as primary uses.

(1) Flood Plain/Agricultural Uses.

(a) Chemical extraction from sea water by solar and natural evaporation.

(b) Crop and tree farming. (Including truck gardening, nurseries, greenhouses, apiaries, hatcheries, aviaries, flower or vegetable gardens and similar uses.)

(c) Dredging of oyster shells and other deposits from San Francisco Bay.

(d) Farm or ranch. (For the grazing or breeding of livestock, provided livestock is not kept within a distance of 40 feet from any dwelling, or the boundary of any district other than A or FP Districts.)

(e) Sale of fruits, vegetables, and flowers grown on premises. (Provided sales or displays are not conducted from a motor vehicle, or a structure or stand exceeding 300 square feet in area.)

(2) Other Uses.

(a) Christmas tree or pumpkin patch lot. (See Section 10-1.2735.c. for standards)

(b) Public agency facilities.

b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the FP District:

(1) Accessory buildings and uses. (Including green houses, stables, barns, corrals, pens, coops, and structures used for parking or processing of products raised upon the premises, and similar uses and structures customarily incidental to agricultural uses. Also see Section 10-1.2145)

(2) Livestock, large and small. (See Section 10-1.2735.e. and definitions)

a. Administrative Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the FP District, subject to approval of an administrative use permit:

(1) Flood Plain/Agricultural Uses.

None. (2)

Other Uses.

(a) Parking lot.

(b) Temporary use.

(c) Wind energy conversion system.

b. Conditional Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the FP District, subject to approval of a conditional use permit:

(1) Flood Plain/Agricultural Uses.

None. (2)

Other Uses.

(a) Broadcasting studio. (Radio and television)

(b) Commercial amusement facility.

(c) Recreational facility.

(d) Salvage and earthfill disposal of products and materials.

a. Minimum Lot Size: 10 acre.

b. Minimum Lot Frontage: 35 feet.

c. Minimum Average Lot Width: 200 feet.

d. Maximum Lot Coverage: 40 percent.

e. Minimum Lot Depth: 100 feet.

f. Special Lot Requirements and Exceptions: See Section 10-1.2720.

a. Minimum Front Yard: 30 feet.

b. Minimum Side Yard: 30 feet.

c. Minimum Side Street Yard: 30 feet.

d. Minimum Rear Yard: 30 feet.

e. Special Yard Requirements and Exceptions: See Section 10-1.2725.

a. Maximum Building Height: 40 feet.

b. Maximum Accessory Building Height: 26 feet.

c. Maximum Height for Fences/Hedges/Walls.

d. Front and Side Street Yard: 4 feet.

e. Side and Rear Yard: 6 feet. (Unless the Planning Director determines that a taller fence is necessary to contain livestock and the design of the fence would not detract from the appearance of the surrounding areas.)

f. Special Height Requirements and Exceptions: See General Regulations Section 10-1.2730.

Site Plan Review approval is required before issuance of any building or construction permit or construction of a fence within this district only if the Planning Director determines that a project materially alters the appearance and character of the property or area or may be incompatible with City policies, standards, and guidelines. This may include fences (i.e., such as anodized gray chain link fences,) in certain circumstances.

This Section establishes design and performance standards that shall apply to the construction of flood plain/agricultural and commercial buildings and uses in the FP District.

Flood Plain/Agricultural and Commercial Uses.

For flood plain/agricultural and commercial buildings and uses, refer to the applicable criteria and standards contained in the CN District and RD Districts.

Footnotes:

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Note— Section 10-1.2220 b. amended by Ordinance 06-11, adopted July 11, 2006.

The OS District shall be subject to the following specific regulations in addition to the general regulations hereinafter contained in order to promote and encourage a suitable environment devoted to parks, recreation, or passive or active open space uses for the enjoyment of all members of the community. The OS District may be used to preserve and protect land areas of special or unusual ecological or geographic interest.

a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the OS District as primary uses:

(1) Open space preserve areas. (Examples: wetlands, habitat refuge areas)

(2) Public parks and recreation facilities. (Examples: regional parks, community and neighborhood parks)

(3) Private parks and recreation facilities. (Examples: Homeowners Association owned parks and swim centers)

b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the OS District:

(1) Accessory building and uses. (Including concession stands, maintenance buildings, parking lot, restroom building, etc.).

(2) Public recreational equipment. (Athletic courts and fields, picnic facilities, and fields; play equipment reservoir, swimming pool)

(3) City sponsored events and festivals.

a. Administrative Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the OS District, subject to approval of an administrative use permit:

(1) Outdoor gatherings.

(2) Temporary uses.

(3) Special events. (Examples: City- or privately-sponsored events and facilities)

b. Conditional Uses. The following uses, or uses determined to be similar by the Planning Director, are conditional uses permitted in the OS District subject to the approval of a conditional use permit:

Special use facilities. (Examples: sports parks or complexes, golf courses (including miniature golf), water slides, indoor soccer, batting cages, bowling facilities, billiard parlors, zoos, nature centers)

a. Minimum Lot Size: None.

b. Minimum Lot Frontage: 35 feet.

c. Minimum Average Lot Width: 200 feet.

d. Maximum Lot Coverage: N/A.

e. Minimum Lot Depth: 100 feet.

f. Special Lot Requirements and Exceptions: See Section 10-1.2720.

a. Minimum Front Yard: 30 feet.

b. Minimum Side Yard: 30 feet.

c. Minimum Side Street Yard: 30 feet.

d. Minimum Rear Yard: 30 feet.

e. Special Yard Requirements and Exceptions: See Section 10-1.2725.

a. Maximum Building Height: 40 feet.

b. Maximum Accessory Building Height: 26 feet.

c. Maximum Height for Fences/Hedges/Walls.

(1) Front and Side Street Yard: 4 feet.

(2) Side and Rear Yard: 6 feet.

d. Special Height Requirements and Exceptions: See Section 10-1.2730.

Site Plan Review approval may be required before issuance of any building or construction permit within this district if the Planning Director determines that a project materially alters the appearance and character of the property or area or may be incompatible with City policies, standards, and guidelines. This may include fences (i.e., such as anodized gray chain link fences in certain circumstances.)

The following are minimum design and performance standards for certain developments in the OS District.

Open Space/Park and Recreation Uses.

For open space/park and recreation buildings and uses, refer to the applicable criteria and standards contained in the CN and RS Districts.

The PF District shall be subject to the following specific regulations in addition to the general regulations hereinafter contained in order to promote and encourage a suitable environment devoted to publicly owned government buildings and facilities, public community centers, libraries and museums, public educational facilities, public school districts facilities, public transit stations, public parking lots and structures, and other such uses directly or indirectly serving the general public.

a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the PF District as primary uses:

(1) Public agency facilities.

(2) Public educational facilities.

(3) Public parking lots and structures.

(4) Public school districts facilities.

(5) Public transit stations.

b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the PF District:

(1) Accessory buildings and uses.

(2) Cafeterias, concessions stands and information kiosks located inside a public agency building.

(3) Public agency equipment and storage yards.

a. Administrative Uses The following uses, or uses determined to be similar by the Planning Director, are permitted in the PF District subject to approval of an administrative use permit:

Concession stands located outside a public agency building.

b. Conditional Uses. The following uses, or uses determined to be similar by the Planning Director, are conditional uses permitted in the PF District subject to the approval of a conditional use permit:

None.

a. Minimum Lot Size: None.

b. Minimum Lot Frontage: 35 feet.

c. Minimum Average Lot Width: 50 feet.

d. Maximum Lot Coverage: 90 percent.

e. Special Lot Requirements and Exceptions: See General Regulations Section 10-1.2720.

a. Minimum Front Yard: 20 feet.

b. Minimum Side Yard: 5 feet.

c. Minimum Side Street Yard: 10 feet.

d. Minimum Rear Yard: 20 feet.

e. Special Yard Requirements and Exceptions: See General Regulations Section 10-1.2725.

a. Maximum Building Height: No limit.

b. Maximum Accessory Building Height: 26 feet.

c. Maximum Height for Fences/hedges/walls.

(1) Front and Side Street Yard: 4 feet.

(2) Side and Rear Yard: 6 feet.

d. Special Height Requirements and Exceptions: See Section 10-1.2730.

Where the City has jurisdiction, Site Plan Review approval may be required before issuance of any building or construction permit within this district if the Planning Director determines that a project materially alters the appearance and character of the property or area or may be incompatible with City policies, standards, and guidelines. This may include fences (i.e., such as anodized gray chain link fences in certain circumstances).

This Section establishes design and performance standards that shall apply to the construction of open space/park and recreation buildings and uses in the PF District.

Open Space/Park and Recreation Uses.

For open space/park and recreation buildings and uses, refer to the applicable criteria and standards contained in the CN District.

When the B District is combined with another District, the regulations of the District shall be modified by the following requirements. The B District shall be used in order to make provision more suitable for districts, wherever conditions require.

B3.5; B4; B6; B7; B8; B10; B20; B25; B40; B2.5A; B5A; B10A; B100A; B160A.

Note: Any lot or parcel made substandard in size or average lot width by a rezoning from an A (Agricultural) District to an AB (Agricultural Combining) District shall be deemed to comply with minimum requirements of area or average lot width required herein.

Lot requirements shall be as set forth in the following Table 2.

Yard requirements shall be as set forth in the following Table 3.

Building height shall the same as the primary district combined with.

Site Plan Review approval is required prior to issuance of any building or construction permit or construction of a fence within this district only if the Planning Director determines that a project materially alters the appearance and character of the property or area or may be incompatible with City policies, standards and guidelines.

Shall be the same as the primary district combined with:

TABLE 2 B DISTRICT LOT REQUIREMENTS

Notes:

* Same as primary district combined with.

** Only applies to non-residential primary uses. The number of residential units shall be determined by the allowable density within the underlying General Plan land use designation.

TABLE 3 B DISTRICT YARD REQUIREMENTS

Notes:

* Same as primary district combined with.

** 40 feet combined, with one side yard not less than 10 feet.

*** Within new subdivisions of ten or more dwellings, one-story dwellings may be as close as ten feet to front and rear property lines as long as there is at least 1,000 square feet of usable open space in the rear yard and garages are at least 20 feet from front property lines.

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

The purpose of the PD District is to:

a. Encourage development, redevelopment, and rehabilitation, which through efficient and attractive space utilization emphasizes conservation, open space, and recreational amenities, and which is harmonious with the natural characteristics of the land, including topography, ponds, rock outcroppings, significant tree clusters, and ridge tops.

b. Establish development procedures and standards whereby such lands may be developed most appropriately to maintain and enhance the natural and man-made advantages of such sites.

c. Foster well designed residential and nonresidential development, encouraging projects incorporating a variety of housing types or combinations of residential and nonresidential uses by allowing diversification in the relationship of uses, buildings, architectural design, lot sizes, yard areas, and open spaces which may not be achievable under other zoning districts.

d. Planned Development Districts are intended to carry out the policies and objectives of the General Plan, Design Review Guidelines, the Hillside Design Guidelines, and the Landscape Beautification Plan and to meet the standards necessary to satisfy the requirement for public health, safety, and general welfare.

Land uses permitted in any other district may be permitted in this District provided such use or uses are in harmony with each other and serve to fulfill the function of the planned unit development while complying with the General Plan, including any applicable neighborhood plan. If approved by the Planning Director, primary or secondary uses permitted in the conventional zoning district(s) most similar to the specific Planned Unit District may be substituted for the uses originally approved.

There shall be no minimum area required to establish a PD District. However, the land on which PD District regulations are applied must be contiguous and under the development control of the applicant.

Standards of lot area, frontage and width, coverage, density, yards, building heights, site and building design, landscaping, open space, fencing, signs, and parking for uses in a PD District shall be the standards of the zoning district (excluding other PD Districts), Municipal Code, the General Plan, any applicable neighborhood plan, the Design Review Guidelines, the Hillside Design Guidelines, and the Landscape Beautification Plan governing uses most similar in nature and function to the uses proposed in the PD District.

a. Application.

(1) Application for establishment of a Planned Development District shall be on a form as prescribed by the Planning Director and shall be signed by the applicant and by an owner of the property or the owner's authorized representative.

(2) The application shall be submitted to Planning Division and shall be accompanied by payment of a fee, as established from time to time by resolution of the City Council.

(3) The application shall be accompanied by all required written material and drawings in such form and number as the Planning Director may require.

(4) Plans shall be prepared and endorsed by qualified professional practitioners, including a licensed architect, a licensed land surveyor, a registered civil engineer and a registered landscape architect.

b. Application Content. As determined by the Planning Director and City Engineer, the plan and supporting documents shall include all, or as much as is applicable, of the information listed below. Where the proposal is innovative in that it combines a mixture of uses or housing of various densities as determined by the Planning Director, the requirements for submittal may be reduced as determined appropriate by the Planning Director and the City Engineer.

(1) Preliminary Development Plan. As determined by the Planning Director and City Engineer, the plan and supporting documents shall include all, or as much as is applicable, of the following information:

(a) A topographic map of the subject property or properties, prepared by a registered civil engineer or licensed land surveyor, including a written legal description of the subject area, and showing in accurate detail the topography, existing buildings and existing land features and trees, and the percentage of slope of the site that falls within the following categories:

0—10% 11—20% 21—30% 31% or more.

(b) Drawings showing all proposed land uses, including typical exterior building and sign elevations, locations, and materials of all structures, floor plans; front, rear and side yard dimensions; public and private open spaces such as patios, balconies, parks, playgrounds, school sites; preliminary landscape plan, fences, walls, and utility meters.

(c) Proposed traffic circulation pattern, indicating public and private vehicular and pedestrian facilities, including trails, paths, plazas, bikeways; provisions for parking and loading; driveway locations and public or private mass transit facilities; estimated traffic generation as it affects public and private vehicular and pedestrian facilities within and in the vicinity of the proposed development.

(d) Relation to present and future land use in surrounding area and to the General Plan.

(e) Economic feasibility analysis of commercial uses, if the property is not zoned for similar commercial uses at the time of submittal of the preliminary development plan.

(f) A statement of provisions for ultimate ownership and maintenance of all parts of the development, including streets, structures, and open space.

(g) Preliminary report indicating provision for storm drainage, sewage disposal and utilities.

(h) A preliminary soils, seismic and geological report.

(i) A preliminary grading plan to determine the feasibility of proposed improvements.

(j) Delineation of development phasing, if any.

(k) Any additional information which may be required in order to determine if contemplated arrangement or uses make it desirable to apply a PD District classification to the area under consideration.

The applicant shall submit a preliminary development plan for an approval in principle. This approval shall be limited to the general acceptability of the land uses and densities proposed and their interrelationships and shall not be construed to endorse precise location of uses, configuration of parcels or engineering feasibility.

Before approving or recommending approval of a preliminary development plan, the Planning Commission and the City Council shall find that:

a. The development is in substantial harmony with the surrounding area and conforms to the General Plan and applicable City policies.

b. Streets and utilities, existing or proposed, are adequate to serve the development.

c. In the case of a residential development, that the development creates a residential environment of sustained desirability and stability, that sites proposed for public facilities, such as playgrounds and parks, are adequate to serve the anticipated population and are acceptable to the public authorities having jurisdiction thereon, and the development will have no substantial adverse effect upon surrounding development.

d. In the case of nonresidential uses, that such development will be in conformity with applicable performance standards, will be appropriate in size, location, and overall planning for the purpose intended, will create an environment of sustained desirability and stability through the design and development standards, and will have no substantial adverse effect upon surrounding development.

e. In the case of a development in increments, each increment provides a sufficient proportion of total planned common open space, facilities, and services so that it may be self-contained in the event of default or failure to complete the total development according to schedule.

f. Any latitude or exception(s) to development regulations or policies is adequately offset or compensated for by providing functional facilities or amenities not otherwise required or exceeding other required development standards.

In taking action the Planning Commission may deny the preliminary development plan as submitted and the establishment of a PD District, or may recommend approval of said plan and the establishment of a PD District, subject to specified amendments or conditions. Where the preliminary plan was limited to a conceptual planned development district with limited information, the precise plan shall be considered by the Planning Commission.

Approval by the City Council of the preliminary development plan in accordance with the amendment procedures of this Ordinance shall constitute that body's approval of the necessary amendments of the zoning district map(s) establishing a PD District, and the preliminary development plan shall, by reference, be incorporated into and become a part of the ordinance amending said zoning district map(s). Said plan shall be filed in the office of the City Clerk.

a. The Planning Director shall review the application and, upon a determination that the precise development plan is in substantial conformance with the approved preliminary development plan, shall approve the precise development plan or refer it to the Planning Commission; otherwise, it shall be disapproved.

b. If the precise development plan is disapproved, the applicant may resubmit the application with such changes as may be deemed necessary, or the applicant may appeal the disapproval to the Planning Commission by filing a written appeal in the Community Planning and Economic Development within 10 days of the notice of disapproval. The decision of the Planning Commission is final.

c. When a precise development plan is submitted in conjunction with a subdivision final map, the precise development plan shall be reviewed by the Planning Director and City Engineer to determine substantial conformance.

Major modification of either the preliminary development plan or the precise development plan may be accomplished by submitting a request for such modification according to the same procedure as is required in the initial review and approval process. Minor modifications may be approved by the Planning Director.

a. Preliminary development plan approval shall be void one year after the effective date of approval unless the precise development plan has been submitted for review and processing in accordance with all conditions of the preliminary development plan.

b. If a Planned Development District was approved in conjunction with a subdivision, the approval shall be void when the subdivision approval expires.

c. If a Planned Development District was approved in conjunction with a development agreement, this approval shall be void when the subdivision approval expires.

d. Precise development plan approval shall be void one year after the effective date of approval unless a building permit application is accepted for processing by the Building Official.

e. Whenever a planned development district becomes void, the Planning Director, Planning Commission, or City Council may institute consideration of reclassification of the property.

a. If the precise development plan is not submitted, or a building permit application is not submitted and accepted for processing within the time period required, a maximum of two 1-year extensions may be approved by the City Council. A request for an extension of time must be filed in the Planning Division at least 30 days prior to the expiration date, and action on the request shall be taken within 30 days of the expiration date of the precise development plan. Notice of said action shall be given pursuant to Section 10-1.2825.

b. In making a decision on approval of an extension, the following shall be considered:

(1) The cause for delay in submission of the precise development plan,

(2) Evidence of the applicant's ability to adhere to the proposed revised development schedule, and

(3) Whether the approved precise development plan is in conformance with existing development regulations.

a. When an application for a planned development involves a subdivision, the project (separately or concurrently) shall be processed and reviewed by the Planning Commission, and a recommendation thereon submitted to the City Council.

b. In the event a condominium, community apartment house, stock cooperative or any other type subdivision involves property for which a planned development has previously been approved, the Commission and Council shall have the authority to modify said approved planned development or the conditions of approval of same to insure that planned development and subdivision are compatible.

Footnotes:

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Note— Section 10-1.2630 added by Ordinance 03-11, adopted July 22, 2003. Section 10-1.2630 amended by Ordinance 05-04, adopted July 26, 2005 and became effective May 31, 2006. Section 10-1.2635 added by Ordinance 06-13, adopted July 11, 2006. Section 10-1.2640 added by Ordinance 09-07, adopted July 7, 2009. Section 10-1.2635 repealed by Ordinance 11-12, adopted October 11, 2011. Section 10-1.2615 repealed by Ordinance 12-02, adopted January 10, 2012.

In order to provide for the conservation and compatible development of areas within the City of historic or architectural character, special requirements contained hereinafter apply in addition to the requirements of the underlying district and other design and development performance standards, including but not limited to the provisions of the Historic Preservation Ordinance (Hayward Municipal Code Chapter 10, Article 11).

The following specific design requirements shall apply to the "B" Street Special Streetcar Design District (SD-1):

a. Landscape.

(1) Sycamore street trees shall be maintained and replaced if missing or deemed unhealthy by the City's Landscape Architect or a certified Arborist.

(2) Required front yard setback, except for access driveway, shall be landscaped.

(3) Fencing within the required front yard shall be permeable (maximum 75% solid) and a maximum height of 3 feet.

b. Siting.

(1) No continuous front elevations may exceed 40 feet, except for non-residential uses abutting the railroad.

(2) Primary entrances shall be oriented toward "B" Street.

(3) Parking shall be located to the rear of the front building.

c. Architecture.

(1) Except for possible flat roofs on commercial buildings abutting railroad, primary roofs shall be hip, gambrel, or gable design.

(2) Residential entrances shall incorporate a porch, elevated at least 12 inches above the finished grade and at least 5 feet deep and 8 feet wide.

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

Note— Repealed by Ordinance 12-02, adopted January 10, 2012.

This overlay district allows an historic pattern of small lot, single-family cottage development near town and transit which would otherwise be precluded by contemporary lot size, front setback, and parking requirements. Cottage development, as defined in Section 10-1.2620(b) below, may utilize lesser lot sizes and parking requirements therein; other development within this Special Design District is subject to the requirements of the underlying district. Typical pioneer cottages have a medium pitch hip or gable roofs; double-hung, vertical windows, symmetrically arranged; wide horizontal wood siding; front porches across all or most of the front elevation with decorative wood post and balustrade; exterior steps ascending from raised basement level and white picket fences. Later Victorian cottages with more decorative elements and still later Craftsman cottages have related rooflines, materials, and orientation to the street.

a. Parameters of Cottage Development.

(1) A cottage shall not exceed 1,200 square feet of living space or have more than 900 square feet on one floor.

(2) Maximum Building Height: 28 feet.

(3) Minimum Lot Size: 2,800 square feet.

(4) Minimum Lot Width: 35 feet.

(5) Minimum Front Setback: 10 feet.

(6) Minimum Side Setback: 5 feet.

(7) Minimum Rear Setback: 20 feet.

b. Driveways and Parking. One off-street parking space per cottage is required. Driveways shall be limited to 10 feet and shall not exceed 30 percent of the lot width. Double-car garages in the front street elevation are prohibited.

c. Fences and Street Lighting. Front fences shall be white picket fences. A pedestrian light within five feet of the sidewalk at the front entry walkway shall be provided.

d. Architecture. New cottage development shall have horizontal wood siding on all facades, hip or gable rooflines, and a front entry porch that is at least 12 inches above the finished grade and at least 5 feet deep and 15 feet wide.

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

Consistent with the General Plan, the purpose of the Cannery Area Special Design District (SD-4) is to implement policies embodied in the Cannery Area Design Plan. The Cannery Study Area contains older industrial uses that are surrounded by residential areas. The Design Plan envisions conversion of the industrial uses to commercial uses, residential uses, or mixed uses, as appropriate. The following design requirements shall apply to the Cannery Area Special Design District (SD-4):

a. Design Theme. The overall layout and design of development proposed within this district shall be consistent with the provisions of the Cannery Area Design Plan.

b. Block Pattern and Street Layout. The overall block pattern and street layout in proposed developments shall conform to the Design Concept as contained in the Cannery Area Design Plan. The design of streets and the width of the public right-of-way shall be consistent with the Park and Street Network and Street Sections and Plans as contained in the Cannery Area Design Plan.

c. Development Densities. Densities of new development shall be consistent with the applicable General Plan designations and shall further conform to the densities specified in the Land Use plan as contained in the Cannery Area Design Plan.

d. Live-Work Spaces. Live-work developments shall be located within designated blocks as indicated in the Cannery Area Design Plan. The design of live-work developments shall be consistent with the guidelines for Typical Blocks as contained in the Cannery Area Design Plan and with any ordinances or other guidelines that may be subsequently adopted by the City.

e. Building Setbacks. The required setback for new development shall be 10' as indicated by the Build-to-Line shown on the Design Concept and Land Use maps in the Cannery Area Design Plan. Architectural features such as cornices, eaves, open porches, bay windows, and canopies may extend into the required front yard, as specified in the Cannery Area Design Plan.

f. Parks and Open Space. Parks and other open space proposed within new developments shall be consistent with the Park and Street Network as contained in the Cannery Area Design Plan.

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

The purpose of the Mission-Garin Area Special Design District (SD-5) is to ensure the orderly development of the Mission-Garin Area (see map, below), consistent with the policies and strategies contained in the General Plan and the provisions of the Hillside Design Guidelines. In this District, clustering of residential development is encouraged, with development located so as to avoid geologic hazards, minimize grading and preserve significant natural site features, such as rock outcroppings, nature trees, natural drainage courses and scenic views. Preferred hillside development includes clustering of dwelling units, whether detached or attached, separated by inter-connected natural open space or greenbelt corridors.

This District establishes the total dwelling unit potential (see table, below) for the area within the District and sets forth development standards and design guidelines that apply to future development within this District.

a. Dwelling Unit Allocation. Development for any parcel or combination of parcels shall be consistent with the dwelling unit allocation set forth in the table below. Adjustments to the dwelling unit allocations for specific properties may be considered by the City Council based on presentation of more detailed data, findings of site-specific environmental analyses, and/or as a result of the application of the development standards outlined below during the review of individual development projects. In no case will the total number of dwelling units exceed the maximum shown for the entire District. For any parcels not specifically identified in the attached table, the number of dwelling units to be allocated shall be determined by the City Council in a manner consistent with that used for properties included in the table and supported by adequate environmental analysis.

b. New development shall adhere to the following development standards:

(1) Development is not permitted within areas where natural slopes are greater than 25 percent.

(2) Grading shall be consistent with the Hillside Design Guidelines and Section 10-1.204(G).

(3) The slope of streets shall not exceed 12 percent unless permitted by the Fire Marshall and Public Works Director.

(4) Pedestrian pathways are required on at least one side of the street. Pedestrian links between streets shall be provided at a minimum of 750-foot intervals.

(5) New construction, including new roadways, shall be set back at least 100 feet from the top of any creek bank.

(6) Exposed drainage systems shall be constructed of river rock or grassy swales or similar, as approved by the Public Works Director.

(7) Detached residential development projects shall include at least 10 percent one-story units.

(8) Densities shall be developed to no less than 50 percent of the maximum allowable.

(9) Three dimensional renderings are required as part of application submittals for any new development.

[Figure]

Mission-Garin Area Special Design (SD-5) District Maximum Total Dwelling Unit Potential

The SD-5 special design district comprises approximately 363 acres. The maximum dwelling unit potential shown in the table below excludes parcels/areas totaling approximately 57 acres within the district that are considered as developed or rural home sites with little potential for subdivision due to size, slope, earthquake faults, etc.

1 Consists of the following parcels/areas: Lynch/East Bay Excavating Co./Warren (North)/Warren (Central)/DeSilva Group.

2 Does not include the potential for an additional 12 dwelling units associated with the approved Oak Hills Planned Development.

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

Note— Repealed by Ordinance 11-12, adopted October 11, 2011.

The purpose of the Hayward Foothills Trail Special Design District (SD-7) is to ensure the orderly development of a continuous trail as properties involved in the 238 Bypass Land Use Study are developed. The District establishes the general location for the trail (see map, below) as well as the standards and guidelines for establishing the trail.

a. Development Standards and Design Guidelines. The development of the trail shall adhere to the following development standards and design guidelines:

(1) The trail shall be a 16-foot wide trail within a 20-foot wide area, to accommodate multiple users. A reduced width may be approved by the Planning Director and the Hayward Area Recreation and Park District (HARD) where the standard width is infeasible.

(2) The trail shall be established in the locations as shown on the maps below unless an alternative route is approved by the Planning Director and HARD.

(3) The trail design shall be approved by the Hayward Area Recreation and Park District (HARD) in accordance with the District's trail standards.

(4) The trail shall be developed in areas where the slope is less than 25 percent.

(5) The trail shall be a multi-use trail for pedestrian and bicycles and shall be available to the entire Hayward community as well as visitors to the Hayward community.

(6) Residential or non-residential development adjacent to the trail shall maintain at least a ten foot setback from the edge of the trail.

(7) Where the trail traverses individual properties, the trail shall be located in front of structures to accommodate greater visibility and easier access, for the safety of all trail users and the occupants of future developments.

[Figure]

[Figure]

The Streamlined Affordable Housing Overlay District allows for ministerial site plan and tentative map review and approval if a housing development meets the eligibility criteria and objective standards outlined in this ordinance. Planning ministerial review is based on compliance with objective standards set forth in the Municipal Code, the General Plan, applicable Specific Plan(s), the Subdivision Ordinance, and other adopted City regulations.

(Added by Ordinance No. 24-04, adopted 4-2-2024)

a. Sites included in this Streamlined Affordable Housing Overlay District shall be those identified in previous housing element cycles and included in the 6th Cycle Housing Element as accommodating lower income housing units for the Regional Housing Needs Allocation.

b. Developments proposed under this Streamlined Affordable Housing Overlay process shall meet the minimum residential development and density assumptions in the 6th Cycle Housing Element, and at least 20% of the proposed housing units developed on the subject site shall be deed restricted for extremely low, very low or low-income households. Units shall remain affordable at affordable housing cost or rent to low-income households for no less than fifty-five years for rental units, and forty-five years for ownership units, unless longer timeframes are required pursuant to other requirements or regulatory agreements.

c. The development is not located on a site that meets any of the criteria provided in Government Code Section 65913.4(a)(6)(A—K), as amended.

d. Proposed development that results in demolition of existing residential units shall be subject to the standards set forth in HMC Section 10-1.2736, as it may be amended from time to time.

e. Development under this Ordinance may include requests for a Density Bonus or Tentative Map. However, such an application may not be combined with a discretionary entitlement such as a Use Permit, Variance, Zone Change, General Plan Amendment or other discretionary permit, which are not considered ministerial actions under this Ordinance.

(Added by Ordinance No. 24-04, adopted 4-2-2024)

The proposed development shall be consistent with objective zoning standards, objective subdivision standards, objective design review standards and performance standards set forth in the General Plan, any applicable Specific Plan, Zoning Ordinance, Subdivision Ordinance and other applicable sections of the Hayward Municipal Code. For purposes of this paragraph "objective standards" means standards that involve no personal or subjective judgement by the reviewer and are uniformly verifiable by reference to an external and uniform benchmark criterion available and knowable by the applicant and reviewer.

In the event that objective zoning, general plan, subdivision or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this section if the development is consistent with the standards set forth in the General Plan.

(Added by Ordinance No. 24-04, adopted 4-2-2024)

a. Application.

(1) Application for Streamlined Approval shall be on a form as prescribed by the Planning Director and shall be signed by the applicant and by the owner of the property or the owner's authorized representative.

(2) The application shall be submitted to Planning Division and shall be accompanied by payment of a fee, as established from time to time by resolution of the City Council.

(3) The application shall be accompanied by all required written material and drawings detailed in Submittal Requirements Subsection (b) below.

(4) Plans shall be prepared and endorsed by qualified professional practitioners, including a licensed architect, a licensed land surveyor, a registered civil engineer and a registered landscape architect.

b. Submittal Requirements. As determined by the Planning Director and City Engineer, the plan and supporting documents shall include all, or as much as is applicable, of the information listed below:

(1) Eligibility Screening Checklist (see Section 10-1.2660).

(2) Architectural Plans.

(3) Grading and Utility Plans.

(4) Landscaping and Irrigation Plans.

(5) Phase I Report.

(6) Soils, seismic, geological report and related geologic investigation, if required.

(7) Preliminary Grading Plan.

(8) Affordable Housing Plan.

(9) Local Transportation Analysis, if required.

(Added by Ordinance No. 24-04, adopted 4-2-2024)

a. Ministerial Planning Review. Application shall be screened and reviewed for consistency with eligibility requirements and objective development standards set forth in the General Plan, any applicable Specific Plan, Zoning Ordinance, Subdivision Ordinance, and other applicable sections of the Hayward Municipal Code.

b. Qualifying projects found consistent with this Ordinance are considered ministerial projects and are not subject to environmental review under the California Environmental Quality Act.

c. Standard Conditions of Approval. Standard conditions of approval may be applied to developments undergoing ministerial site plan review.

(Added by Ordinance No. 24-04, adopted 4-2-2024)

Following submittal of an application for a Streamlined Affordable Housing Overlay, if the applicant fails to provide changes or additional information necessary to make a decision on the project, and if there is no activity taking place in connection with the application for a period of six months, the application shall be closed and the applicant so informed.

(Added by Ordinance No. 24-04, adopted 4-2-2024)

a. Application. Modification of a Streamlined Affordable Housing Development may be accomplished by submitting a request for such modification in the same manner as the application submittal process outlined in Section 10-1.2670 prior to issuance of the final building permit required for construction of the development.

b. Approval. A modification of an approved plan under this title shall be approved if determined to be consistent with the eligibility criteria and based on the objective planning standards in effect when the original development application was submitted.

(Added by Ordinance No. 24-04, adopted 4-2-2024)

a. Tentative Map. If accompanied by an application for a Tentative Map, application expiration and time extensions shall follow those set forth in the Subdivision Ordinance.

b. General Application Expiration. Streamlined Affordable Housing Development approval not accompanied by a Tentative Map is void 36 months after the effective date of approval unless:

1. Prior to the expiration of the 36-month period, a building permit application has been submitted and accepted for processing by the Building Official, or a time extension of the approval has been granted by the Planning Director.

2. If a building permit is issued for construction of improvements authorized by the Streamlined Affordable Housing Development approval, said approval shall be void two years after issuance of the building permit, or three years after approval of the application, whichever is later, unless the construction authorized by the building permit has been substantially completed or substantial sums have been expended in reliance on the site plan review approval. A request for an extension must be submitted in writing to the Planning Division at least 15 days prior to the above date.

c. General Application Extension.

1. The Planning Director may grant an extension(s) not to exceed 24 months.

2. A request for an extension must be filed with the Planning Division at least 15 days prior to the anniversary date of approval, and action on the request shall be taken within 30 days.

3. In making a decision on approval of an extension, the following shall be considered:

(a) The cause for delay in submittal of the building permit; and

(b) Whether the proposal remains consistent with eligibility criteria and objective standards.

4. Standard Conditions of Approval may be reviewed, updated, added or modified by the Planning Director as a result of the processing of an extension.

(Added by Ordinance No. 24-04, adopted 4-2-2024)

[Figure]

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

Footnotes:

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Note— Section 10-1.2735 k. amended by Ordinance 03-08, adopted May 27, 2003. Section 10-1.2735 b. repealed and replaced by Ordinance 06-03, adopted January 24, 2006. Section 10-1.2735 b. amended by Ordinance 10-01, adopted January 5, 2010. Section 10-1.2735 b. repealed and replaced by Ordinance 13-12, adopted November 19, 2013. Sections 10-1.2735 c.—k. renumbered by Ordinance 13-12, adopted November 19, 2013. Section 10-1.2735 i. amended by Ordinance 15-22, adopted October 13, 2015. Sections 10-1.2725 g., 10-1.2735 j. amended by Ordinance 15-30, adopted December 1, 2015. Section 10-1.2735 e. amended by Ordinance 16-04, adopted January 19, 2016.

These general regulations apply to all districts and to all uses permitted in the districts. The provisions are intended to amplify and to supplement district regulations. In the event of conflict with the specific district regulations, whichever regulations are more restrictive shall apply, unless otherwise determined by the Planning Director.

Cemeteries. The use of property for cemeteries, memorial parks, mausoleums, columbariums, or other places for the burial or other deposit of human dead is not such a use as is permitted under the provisions of this ordinance, provided, however, that any property which on March 24, 1959 was being used or held for use for any one or more of the purposes mentioned herein, or any property annexed to the City of Hayward subsequent to said date, which at the date of annexation, is being used or held for use for any one or more of such purposes, may be continued to be used for such purposes. Crematoriums are permitted only as stipulated above or associated directly with mortuaries.

a. Governmental Agencies and Public Utilities. The provisions hereof shall not apply to towers, poles, lines, pipelines, canals and similar distribution and transmission facilities maintained by a governmental agency, or by a public utility in accordance with applicable regulations of the Public Utilities Commission of the State of California within rights-of-way, easements, franchises, or ownerships of such governmental agencies or public utilities, with the exception of cellular telephone transmission towers which shall comply with the provisions of Chapter 10, Article 13 of the Hayward Municipal Code.

b. Telecommunication Facilities. Telecommunications facilities are allowed subject to the requirements of this ordinance and those contained in Chapter 10, Article 13 of the Hayward Municipal Code.

c. Temporary Construction Facilities. The use of land for offices, sheds, construction trailers, sleeping quarters for security personal, structures and storage in connection with ongoing construction work for commercial, industrial and multi-family residential development, and single-family subdivisions may be used as approved by the Planning Director.

d. Temporary Use. A "Temporary Use" may be permitted in specified zoning districts, subject to a 12-month maximum time limit, and subject to issuance of an Administrative Use Permit. Two one-year extensions may be considered, subject to Planning Director approval and applicable notification procedures.

No parcel of land shall hereafter be reduced or divided so as to provide less than the minimum lot size or dimensions required in the district in which such land is situated unless otherwise authorized by provisions of this ordinance and/or the Subdivision Regulations.

a. Minimum Lot Frontage. Except as provided herein, each lot shall have a minimum frontage of 35 feet.

b. Lot Frontage Exception for Flag Lot(s). In the case of a flag lot(s) that has been approved in accordance with the provisions of the Chapter 10, Article 3, of the Hayward Municipal Code (Subdivision Ordinance), minimum frontage requirements may be reduced as follows:

(1) Frontage for one lot shall be 22 feet, with access via a 16-foot-wide strip of land that provides for a 12-foot-wide paved travelway.

(2) Frontage for two or more lots shall be 28 feet, with access via a 24-foot-wide strip of land that provides for an 18-foot-wide paved travelway.

(3) As determined by the Planning Director or other approval authority, where feasible, adjoining flag lots may share a common access so long as the above standards are met.

(4) The use of a flag lot(s) should generally be avoided where other lot designs are possible and they should not be used solely to increase the maximum number of lots. See City Standard Detail #SD-109 and Design Guidelines for additional flag lot criteria.

c. Lot Size Exception for Certain Substandard Lots. Any lot or parcel less than the minimum lot size or dimensions required may nevertheless be used as a building site if the lot or parcel was shown of record by the County Recorder as a lawfully created separate lot or parcel on the date the lot became substandard. In addition, either of the following circumstances must exist:

(1) The lot or parcel is not less than 80 percent of the size and average lot width requirements of the zoning district; or

(2) The lot or parcel is less than 80 percent of the size and average lot width requirements of the zoning district and there was no land abutting the lot or parcel under the same ownership on the date the lot became substandard.

d. Lot Size Exception for Lots made Substandard by Official Plan Line. Any lot or parcel made sub-standard in size or average lot width by an official plan line shall be deemed to comply with minimum requirements of area or average lot width required herein.

e. Lot Size Exception for Lots made Substandard by Rezonings from Agricultural District to Agricultural Combining Districts. Any lot or parcel made substandard in size or average lot width by a rezoning from an A (Agricultural) District to an AB (Agricultural Combining) District shall be deemed to comply with minimum requirements of area or average lot width required herein.

Except as herein provided, every required yard shall be open and unobstructed and shall not be reduced or diminished in area so as to be smaller than prescribed by this ordinance. All uses shall be conducted indoors unless a use permit for outside storage has been approved.

a. Yards Measured from Official Plan Line. Wherever an official plan line has been established for any street or future right-of-way, required yards shall be measured from such line.

b. Yard Calculations. Open area required for one building, lot, or use shall not be calculated as required open area or yard for any other building, lot or use. Except where part of an approved development plan, or authorized by other regulation herein or the Planning Director, no structure shall be located in a required yard area.

c. Yards on Dual Frontage Lots. Where the front and rear of a lot both have street frontage on approximately parallel streets, no above-ground structure shall be located closer to either street than the distance constituting the required front yard, except on those parcels where street access is restricted by regulations of a public authority, in which case building additions (not accessory structures) may be located within the yard where street access is restricted subject to requirements for rear yards.

d. Yard Exceptions - Garages on Slopes.

(1) Wherever the difference in elevation exceeds 5 feet between the front yard setback line and:

1. the elevation of the existing or planned street grade, or

2. the elevation at the rear line of a front yard, or

(2) Wherever the difference in elevation exceeds 2½ feet between the side street property line and the rear line of a side street yard,

Then, the horizontal distance from any garage or parking space in no case shall be less than 5 feet from the property line or an official plan line. This exception shall not apply on those streets where no on-street parking is permitted along the lot frontage unless a minimum of 2 additional spaces are provided on site in conformance with all required yard and design requirements.

e. Yard Exceptions—Overhangs, Stairways, Chimneys, Open Porches and Architectural Features. Architectural features such as cornices, eaves, open porches, bay windows, and canopies may extend 2 feet into any required side yard and may extend 5 feet into any required front or rear yard.

f. Yard Exceptions—Vision Clearance. On a lot situated at the intersection of two or more streets, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to be in violation of Ordinance No. 100 C.S., as amended, Hayward Traffic Code, Sections 9.01 through 9.05, relating to Obstructions to Visibility at Intersections Prohibited, as the same are now in effect or which may hereafter be amended or replaced.

g. Yard Exceptions—Fences, Hedges, Walls.

Fence Height.

(1) In all OS, A, FP, RL, RNP, RM and RH Districts, where the rear or side yard is contiguous to commercially or industrially developed or zoned land, freeway, flood control channel, parking lot or arterial street, a maximum 8-foot-high fence or wall may be permitted.

(2) Fences, hedges, and walls on through lots shall be limited to a height of 4 feet in any portion of the front yards unless determined by the Planning Director that up to a height of 6 feet (7 feet in a residential district) across a front property line acting as a rear property line would not compromise the safety of motorists and pedestrians nor the aesthetic value of the streetscape.

(3) Fences or walls required to surround and enclose public utility installations are not limited as to height in any district.

(4) In all commercial, or central city districts, no fence or wall shall be located in any required front or side street yard except as part of an approved development plan or if approved by the Planning Director.

(5) Notwithstanding subsection (4) above, a 6 foot tall perimeter fence may be erected within the required front, side and rear yards of a vacant parcel or a vacant building in all zoning districts, subject to the standards set forth in Section 10-1.2735.j, Fence Regulations for Vacant Properties.

h. Yard Exceptions—Narrow Lots. A required side yard may be reduced to 3 feet adjacent to an access driveway installed in conjunction with a multi-family development where the parcel is less than 51 feet in width.

i. Special Yards—Structures on Same Lot. In R, A, and CO Districts, no primary structure shall be located less than 10 feet from another primary structure nor located less than 8 feet from an accessory structure, except that an accessory structure may be 6 feet from a single-family dwelling.

j. Special Yards—Lots with Approved Private or Easement Access. The required minimum yards for a lot which has indirect access via an approved private access or an easement to a public street shall be the same as that required for a lot which has direct access onto a public street.

k. Special Yards—Flag Poles, Towers, Antennas, Satellite Earth Stations.

(1) Flag poles less than 25 feet in height which display the American flag and permitted commercial flags, may be located in any yard of any district but in no case shall they be located closer than 5 feet to a property line.

(2) Radio and television antennas and other wireless telecommunications facilities shall comply with the requirements of this ordinance and Chapter 10, Article 13 of the Hayward Municipal Code.

l. Special Yards—Swimming Pools, Hot Tubs, Spas. In any R, residential PD, A, or CO District, swimming pools, hot tubs, and spas may be located in any yard other than the required front or side street yard, provided that no wall line of a pool shall be closer than 5 feet from any property line.

m. Special Yards—Handicap Accessibility. Ramps shall meet setback requirements of each zoning district. Exceptions shall be made for reasonable accommodation where no practical alternative exists and where building/fire code requirements are met.

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

a. Height—Exceptions.

(1) Flagpoles, elevator shafts, radio and television towers, wind machines, and similar mechanical appurtenances, if attached to a building shall not exceed a height of 15 feet unless authorized by the Planning Director or other approval authority for two-story dwellings or dwellings located on hillsides. If not attached to a building, they shall not exceed 25 feet in height unless authorized by the Planning Director or other approval authority.

(2) Church steeples may be exempted from the height requirements as long as the steeples are in scale with the design of the church/religious facility and surroundings, as determined by the Planning Director or other approval authority.

b. Height—Accessory Building. Unless otherwise specified in the District Regulations, an accessory building shall not exceed one story in height.

(Amended by Ordinance 18-02, adopted February 6, 2018; Amended by Ordinance 24-01, adopted Jan. 23, 2024)

Special standards and conditions as set forth below are applicable to uses enumerated in this Section and listed in the individual districts. Departure or variation from these standards is permitted only when it can be established by the applicant that the intent and purpose of the district or the necessary findings for permit approval, as specified in this ordinance, are not compromised. Where warranted by ordinance regulations or to implement official City policy, standards of development may be required that exceed those listed in this Section.

a. Adult Entertainment Activity Regulations.

(1) Purpose. In adopting these regulations it is recognized that certain types of adult entertainment activities possess objectionable operational characteristics which, when concentrated, have a deleterious effect upon adjacent areas. It is also recognized that locating adult entertainment activities in the vicinity of facilities frequented by minors will cause the exposure of adult material to minors who, because of their immaturity, may be adversely affected by them. Special regulations of sex-oriented, adult entertainment businesses is necessary to insure that adverse effects will neither contribute to the blighting or downgrading of surrounding neighborhoods nor have an adverse effect on minors.

(2) Definitions. For the purpose of these regulations, certain terms and words shall have the following meanings:

(a) Adult Entertainment Activity. An activity which is characterized by an emphasis on depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." Said term includes, by way of illustration only, the following:

(i) Adult Arcade. An establishment where one or more motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas.

(ii) Adult Bookstore. An establishment having as a substantial or significant portion of its stock-in-trade, and offers for sale one or more of the following: books, magazines, and other periodicals which are substantially devoted to the depiction of "specified sexual activities" or "specified anatomical areas."

(iii) Adult Gift Store. An establishment having as a substantial or significant portion of its stock in trade, and offers for sale one or more of the following: instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities" (i.e., "adult gifts.").

(iv) Adult Motion Picture Theater. An enclosed building used for presenting material in the form of motion picture film, video tape or other similar means, and in which a substantial portion of the total presentation time is devoted to the depiction of "specified sexual activities" or "specified anatomical areas" for observation by persons therein.

(v) Adult Theater. A theater, concert hall, auditorium or similar establishment in which a substantial portion of the total presentation time is devoted to live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

(vi) Sexual Encounter Establishment. An establishment which provides a place where two or more persons may congregate, associate or consort in connection with "specified sexual activities" or the exposure of "specified anatomical areas." This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State of California engages in sexual therapy.

(b) Specified Sexual Activities. This term shall be used herein to mean:

(i) Human genitals in a state of sexual stimulation or arousal;

(ii) Acts of human masturbation, sexual intercourse or sodomy;

(iii) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

(c) Specified Anatomical Areas. This term shall be used herein to mean:

(i) Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and

(ii) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(3) Location. No person shall place, maintain, own or operate any adult entertainment activity, as herein defined, in the following locations:

(a) Within 500 feet of any parcel of real property zoned primarily for residential use; or

(b) Within 500 feet of any parcel of real property on which is located any of the following facilities:

(i) A school primarily attended by minors;

(ii) A church which conducts religious education classes for minors;

(iii) A public park, playground or other recreational facility;

(iv) A museum;

(v) A library.

(c) Within 500 feet of any other adult entertainment activity as herein defined.

(4) Public Display of Certain Matter Prohibited. No person shall place, maintain, display or exhibit any material in a manner which exposes to public view photographs or illustrations of "specified sexual activities" or of poses which emphasize or direct the viewer's attention to "specified anatomical areas." As used herein, "exposes to public view" means exposes to the view of persons outside the building in which said material is placed, maintained or displayed.

(5) Discontinuance of Nonconforming Activities. No later than September 19, 1980, all adult entertainment activities made nonconforming by reason of the provisions hereof, except those activities rendered nonconforming because of being within 500 feet of any other adult entertainment activity, shall be discontinued or shall be brought into full conformance with the provisions hereof, except that such activities may be allowed to continue for an additional period upon the approval of a variance with the finding that the activity is obligated by written lease entered into before the effective date of this section for a period exceeding two years from such effective date, or that the activity involves investment of money in leasehold or improvements of such that a longer period is necessary to prevent undue financial hardship.

b. Catering Truck Standards. All catering truck operations shall comply with the following standards:

(1) Catering trucks shall only park on private property with the permission of said property owner(s).

(2) Catering trucks shall not park on any City streets, rights-of-way or property.

(3) Catering trucks shall not be located on a single parcel more than 20 minutes at a time.

(4) Catering trucks shall not be located within 300 yards of a food vendor as defined in this Ordinance.

(5) Catering trucks shall not return to the same location within less than two hours.

(6) Catering trucks shall obtain all necessary approvals for the County Health Department and City of Hayward Police Department.

c. Cannabis, Personal Cultivation and Commercial Cannabis. Refer to Section 10-1.3600, Cannabis.

d. Data Centers

(1) Additional Submittal Requirement

(a) Community Benefits Plan. Summary of community benefits to be provided to the community that would not otherwise be required of the project;

e. Drive-in Establishments - Special Standards and Conditions.

(1) Location and Design Criteria.

(a) All required yard areas abutting streets and not used for vehicle maneuvering or parking shall be landscaped. In all zoning districts a planter at least 10 feet wide shall be installed parallel to the street right-of-way or precise plan line except where the use is a drive-in restaurant, then a 15-foot-wide landscaped setback is required.

(b) Fencing and Screening - Except for areas used for traffic circulation, or except where the drive-in functions as part of a larger development, for example, a shopping center where there is shared parking or access, a uniformly painted fence or masonry wall shall be maintained along all interior lot lines. Where any interior lot line abuts an R, A, MH, OS, or residential PD District, or a lot with residential uses, a masonry wall shall be constructed. The wall shall be at least 6 feet high, except within the required yard area abutting a right-of-way or precise plan line, in which case it shall not exceed four feet in height at grade measured on either side of the fence.

(2) Performance Standards for Drive-In Uses. Drive-in uses shall be operated in a manner which does not interfere with the normal use of adjoining properties.

(a) Noise levels measured at the property line shall not exceed the level of background noise normally found in the area or 65 decibels, whichever is greater. Loud speakers shall not be audible from residentially zoned and developed properties.

(b) Hours of operation, including deliveries to the site, shall be compatible with the needs and character of the surrounding neighborhood. For purposes of this section, the operating hours shall be considered to be between 6.30 a.m. and 11.00 p.m. on weekdays and 7:00 a.m. to 1:00 a.m. on weekends when abutting or adjacent to residential zones.

(3) Automobile Service Stations - Additional Design Criteria.

(a) Minimum facilities required:

(i) One restroom open to the public

(ii) Window washing equipment and towels.

(b) Minimum Site Requirements:

(i) Building site: 20,000 square feet

(ii) Frontage on one street: 140 feet. In the case of corner lots, frontage will be measured to the extension of the intersecting property lines.

(iii) Setback for fuel pump islands: 20 feet measured from the street right-of-way or precise plan line.

(4) Drive-Through Restaurants

(a) Drive-in or drive-through restaurants shall be prohibited within ½-mile radius of one another as measured from the building walls of existing or proposed buildings, unless all the following required findings are met:

(i) The drive-in or drive-through restaurants are located within one-half mile from Interstate 880 (Nimitz Freeway) or State Route 92 (Jackson Freeway) rights-of-way as measured by the existing roadway network, or on any parcel located within the AT-C zoning subdistrict;

(ii) The drive-in or drive-through restaurants will not conflict with City adopted goals and policies including, but not limited to, the General Plan and Bicycle Master Plan; and

(iii) The site is suitable and adequate for the proposed use because the drive-in or drive-through restaurant lanes and service windows will be located at least seventy-five (75) feet away from residential uses and residentially zoned properties.

(b) For each drive-in restaurant a bicycle rack shall be installed with a capacity for at least five bicycles.

(c) Drive-through lanes installed in connection with drive-in restaurants shall have a capacity for at least eight vehicles, at 20 feet per vehicle, unless adequate access and circulation is provided to minimize spillover onto public property.

(d) Pedestrian circulation areas located within drive-in restaurant developments with drive-up windows shall consist of decorative paving such as brick, paving stones, or Bomanite.

(e) Access to bathroom facilities located within drive-in restaurant developments shall be from within the structure, with no direct access from the parking area.

(f) Minimum building site (lot area or lease area) shall be 25,000 square feet in area, unless adequate access and cross-parking is provided.

(g) Drive-through aisles shall not be located between the building and the right-of-way and pick-up windows shall not face the right-of-way unless their visibility is minimized through the use of innovative building architecture and mounded or bermed landscaping to minimize their visual impact from the street. Menu board shall be placed so as to not be visible from the street.

f. Food Vendor Permit.

(1) Permit Required.

(a) No vending of food or food products shall be permitted unless a food vendor's permit has first been obtained.

(b) A separate food vendor's permit shall be obtained for each approved location.

(2) Permitted Locations. Food Vendors are permitted as specified in Zoning Districts, subject to the permit requirements and standards set forth below. Definitions. This Section shall apply to any mobile unit (as defined below) designed or used for the vending of food or food products from a fixed or stationary location on private property. This Section shall not apply to Catering Truck operations as defined in subsection (b) of this Section or Sidewalk Vendors, as defined in Section 6-16.30(B) of the Hayward Municipal Code.

(a) Approved Location - A site approved by the Planning Director from which a vendor operating from a mobile unit may sell their products.

(b) Mobile Unit - Any trailer, cart, wagon, conveyance or structure not permanently fixed to a permanent foundation and which may be moved under its own power, pushed or pulled by hand, towed by a motor vehicle or carried upon or in a motor vehicle or trailer.

(c) Vending - The business of selling or causing to be sold for cash or consideration of any of the following items: food or food products whether hot, cold, freshly prepared, or packaged, such as hot dogs, sandwiches, and burritos, to be consumed for a meal or snack. This definition includes an offer for sale. All items sold shall be capable of being consumed on site without preparation or cooking other than done by the vendor.

(d) Vending Equipment - Tools, umbrellas, and chair for vendor only. No accessory equipment for dining at the site is permitted. Food or food products, etc., related to vending and approved by the Planning Director.

(e) Vendor - A person who is in the business of vending or their employee(s).

(3) Application.

(a) An application for food vendor's permit to vend food products shall be submitted to the Planning Director on a form provided for such purpose, accompanied by payment of the fee set by Resolution of the City Council.

(b) The application shall include the signature of the owner of the property upon which the applicant proposes to locate their mobile unit indicating the property owner's permission to use the site for the purpose set forth in the application.

(c) In addition to the completed application, the following information shall be submitted on a form acceptable to the Planning Director:

(i) Proposed location of a mobile unit plotted on a map drawn to a scale of one-inch equals 20 feet or larger, which indicates the distance to adjacent landscaping, parking stalls, buildings driveways, signs, fences, utility poles, transformers, hydrants, etc., located within 50 feet of the location of the proposed mobile unit.

(ii) Plans for provisions to collect and store litter and dispose of it.

(iii) Scaled drawing or manufacturers information indicating the size of the mobile unit and vending equipment the applicant proposes to use.

(iv) Location where vendor intends to park personal motor vehicle, location of customer parking spaces, and location where vendor intends to store overnight mobile unit.

(v) Description of the nature of the business and the goods to be sold.

(vi) Any other information deemed necessary by the Planning Director to adequately review the application, for example, photograph or rendering of mobile unit.

(4) Standards. All applications for food vendor's permit shall comply with the following standards:

(a) Approved locations for food vending shall not be located within 300 yards of any school.

(b) All mobile units shall be set back from the public street right-of-way or a private street or driveway. A food vendor shall not locate a mobile unit or vending equipment or merchandise offered for sale in such way as to block or impede or any way hamper pedestrian or vehicular movement or to cause a hazard to any pedestrian or vehicle.

(c) Mobile units and vending equipment shall be self-supporting and shall not be attached temporarily or permanently to trees, hydrants, utility poles or transformers, or other vertical structures or benches.

(d) All mobile units with ventilating equipment shall be located 10 feet away from all buildings unless otherwise approved by the Planning Director.

(e) A food vendor shall not sell any food or food products between the hours of 7:00 p.m. and 7:00 a.m. unless otherwise authorized by the Planning Director.

(f) No food vendor shall use, play or employ any sound, outcry, amplifier, loudspeaker, radio or any other instrument or device for the production of sound where said sound exceeds the background noise levels for adjacent uses.

(g) A food vendor shall not store overnight any vending equipment or food products other than in a commissary approved by the Alameda County Department of Environmental Health Services.

(h) A food vendor shall not display any signs or similar devices unless approved by the Planning Director. Signs painted on a mobile unit shall be approved by the Planning Director, and any other sign or device(s), for example, flag, pennant, balloon, may be approved at the discretion of the Planning Director if he/she finds that such sign or device does not create a safety hazard or is not aesthetically detrimental or incompatible with surrounding uses.

(i) Any exterior lighting shall be approved by the Planning Director and shall not create a safety hazard and shall be shielded or deflected away from adjacent properties.

(j) A food vendor shall maintain their approved location in a clean and hazard-free condition. The vendor shall provide at least one 30-gallon garbage container with a swing top nearby the mobile unit for public use and shall pick up all litter generated from his or her operation within a radius of 100 feet of the approved location. A vendor shall empty the garbage container(s) daily, or more often if necessary; disposal of garbage or trash into public trash containers is prohibited.

(k) The food vendor at all times shall be in compliance with all regulations of the Health Officer of Alameda County regarding operation of this use and all other applicable rules and regulations.

(l) Location of a mobile unit and vending equipment shall not reduce the number of parking spaces below which are required for the permitted primary or conditional use.

(5) Permit Issuance.

(a) A food vendor's permit shall be issued if the applicant satisfies the above standards and the Planning Director finds that said application complies with all pertinent regulations administered by these officials.

(b) A food vendor's permit is not transferable and shall remain valid until the vendor ceases operations at the permitted location for a period of 6 months or longer or the permit is revoked.

(6) Permit Revocation.

(a) A food vendor's permit shall be subject to revocation if the conditions of the permit or the regulations set forth or incorporated herein are violated.

(b) Before taking any action to revoke a permit, the Planning Director shall give notice to the permittee in writing of the proposed revocation, the reasons therefor, and the time and place the permittee will be given an opportunity to show cause to the Planning Director why the permit should not be revoked. The written notice may be served personally upon the permittee or mailed to the permittee at the address shown on the application at least 10 days prior to the date of the hearing. Upon conclusion of the hearing, the Planning Director may revoke the permit upon finding non-compliance with the conditions of the permit or the regulations herein.

(c) The Planning Director's decision revoking a permit may be appealed in writing to the Planning Commission stating the reasons why the Planning Director's decision was incorrect. The Planning Commission shall schedule a hearing within 30 days of said appeal, and its decision shall be final. Said appeals shall be filed in the Planning Division.

g. Garage Sales. Garage sales, also referred to as yard sales, shall not create a public nuisance as defined herein, and shall be limited to a maximum of four times per year per dwelling for single-family homes, and four times per year per development for multi-family areas.

h. Limited Entertainment Permit.

(1) Limited Entertainment Permit Required. Any person providing live entertainment using amplified sound indoors or outdoors on a private patio connected to an establishment shall first obtain a Limited Entertainment Permit by filing an application with the Development Services Department.

(a) Application requirements. A Limited Entertainment Permit application shall include the following:

(i) The name and address of the business, location or venue where the proposed entertainment will occur;

(ii) The date(s) and time(s) that the proposed entertainment activity will occur;

(iii) A description of the business where the proposed entertainment will occur;

(iv) A description of the entertainment activity, including the nature and type of sound amplification; the number of people anticipated to attend; and

(v) Any other information associated with the proposed entertainment activity, as required by the Development Services Department.

(2) Limitations on Limited Entertainment Permits.

(a) The entertainment activity(ies) must be incidental to the principal use of a site.

(b) Permit may cover up to one year of recurring events.

(c) Activities and events that are presented as live entertainment for an audience of more than 100 people shall require a Cabaret License pursuant to Section 6-2.10 of the Hayward Municipal Code, instead of a Limited Entertainment Permit.

(d) Bars, nightclubs, adult-only activities, and other similar uses as determined by the Planning Director are prohibited from obtaining a Limited Entertainment Permit and shall require a Cabaret License to allow live entertainment activities, pursuant to Section 6-2.10.

(e) Outdoor gatherings as defined in Section 10-1.2735(m) shall require approval of a Minor Temporary Use Permit instead of a Limited Entertainment Permit.

(f) Outdoor gatherings as defined in Section 10-1.2735(n) shall require approval of an Administrative Use Permit instead of a Limited Entertainment Permit.

(g) Outdoor gatherings in public spaces shall require approval of a Special Event Permit instead of a Limited Entertainment Permit.

(3) Entertainment Permit Performance Standards

(a) All live entertainment activities must end by 11pm;

(b) Live entertainment activities must be open to all ages;

(c) Live entertainment activities shall be limited to audiences of between 10 and 100 patrons per event or to the maximum capacity allowed by the building occupancy, whichever is less; and

(d) Each Limited Entertainment Permit is non-transferable and shall be used only at the specific premises and on the specific dates for which the entertainment permit was issued.

(4) The Development Services Department Director may deny a Limited Entertainment Permit application for any of the following reasons:

(a) The applicant provides false information in the application submitted for a Limited Entertainment Permit.

(b) The business or premises for which the Limited Entertainment Permit is requested is found to be out of compliance with applicable City, state and/or federal laws, ordinances and codes.

(5) Revocation of a Limited Entertainment Permit.

(a) The Development Services Director shall have the authority to revoke or suspend a Limited Entertainment Permit under this Division, pursuant to the procedures of Section 10-1.2845 of the Hayward Municipal Code. The suspension or revocation of a Limited Entertainment Permit shall be based on one or more of the following:

(i) Any of the criteria established for the denial of a Limited Entertainment Permit in Section 10-1.2735(h)(4), above.

(ii) The proposed entertainment activity results in a high volume of calls for service to the Police Department and/or the Code Enforcement Division.

(iii) The entertainment event or activity for which the permit was issued violates one or more of the conditions imposed upon the approved Entertainment Permit or the requirements of this Division.

(b) In the event the Development Services Director revokes a Limited Entertainment Permit pursuant to this Ordinance, no other Entertainment Permit shall be issued to the same applicant within a minimum of five years from the date that the denial or revocation is final.

(c) The Development Services Director's decision revoking a permit may be appealed in writing to the Planning Commission stating the reasons why the Director's decision was incorrect. The Planning Commission shall schedule a hearing within 30 days of said appeal, and its decision shall be final. Said appeals shall be filed with the Planning Division.

i. Livestock, Apiaries, and Household Pets.

(1) Minimum Lot Area. The minimum lot area for any lot used to maintain livestock and other animals, except for household pets, whether a temporary use or principal use of the property, shall be the lesser of either the minimum lot area specified in the zoning district in which the property is located or the area hereinafter specified:

(a) For large and medium livestock, the minimum lot area shall be 20,000 square feet;

(b) For exotic animals, poultry or other birds, the minimum lot area shall be 4,000 square feet, or greater, depending on the species of the animal, as determined by the Planning Director;

(c) For apiaries, the minimum lot area shall be 4,000 square feet.

(2) Maximum Number of Animals. The maximum number of livestock or any other animals allowed pursuant to this section is subject to a determination by the Planning Director that the site is suitable, including consideration of size, configuration and location, and can support the number of livestock or other animals without creating nuisance problems for surrounding residential properties. The following limits shall apply:

(a) Livestock: In no case shall the number of livestock, as defined herein, kept or maintained on any lot exceed one large livestock for each 20,000 square feet of land contained in such parcel, or one medium livestock for each 10,000 square feet of land contained in a minimum 20,000 square foot parcel.

(b) Fowl: In no case shall hens, ducks, pigeons, or other small fowl be kept on a parcel that is less than 4,000 square feet in size.

(c) Apiaries: For apiaries, in no case shall the number of hives exceed two for a parcel which is less than 40,000 square feet in size or zero for a parcel which is less than 4,000 square feet in size.

(d) Duration of Limit: Once a permit is granted establishing the maximum number of animals allowed on a property, the permittee is entitled to maintain that maximum number of animals indefinitely as long as an animal(s) has existed continuously, in that six months have not passed where there were no animals on the property.

(3) Minimum Available Open Area. All livestock or other animals shall be provided with the minimum available open area specified below (such area may include barns, stables, sheds or similar structures used to house animals):

(a) For large livestock, the minimum available open area per animal shall be 5,000 square feet;

(b) For medium livestock, the minimum available open area per animal shall be 2,500 square feet;

(c) For poultry, the minimum available open area per animal shall be 36 square feet;

(d) For exotic animals, the minimum available open area per animal shall be as determined by the Planning Director, based on the species of the animal.

(4) Buildings and Structures. All animals shall be provided with adequate shelter or other protection from the elements. Shelter may be provided through the construction of a coop, stable, or other structure, as appropriate for the species of animal and as determined by the Planning Director. Buildings and structures used for the housing of animals shall be located behind the principal structure on the lot. Such buildings and structures may be located elsewhere on the lot due to topography or other special characteristics of the lot, subject to approval of the Planning Director. Such structures shall be large enough and designed such that all animals may lie down, stand up, fully extend their limbs and turn around freely, as required by the section 1350 of Title 3 of the California Code of Regulations, as may be amended from time to time. Hives and accessory structures for the keeping of livestock or household pets shall not be located in front of a primary structure.

(5) Maximum Height of Structures. No building or structure used for the housing of animals shall be erected or maintained on any lot to a height greater than that permitted for accessory structures in the respective zoning district. For small livestock and household pets, the maximum height of an enclosure shall be six feet, except for beehives. For beehives, the maximum height shall be limited to four feet. A greater height may be permitted based on consideration of special characteristics of the lot, including, but not limited to, topography, lot size, and building placement, and subject to approval of the Planning Director.

(6) Minimum Setback Requirements. All barns, stables, and other structures used for the housing of animals, except for household pets, on any lot shall be located not less than 20 feet from any property line and not less than 40 feet from any dwelling on the same or adjoining lot. Beehives and all structures for the housing of household pets, including chicken coops, shall be located not less than 5 feet from any property line and not less than 6 feet from any dwelling on the same or adjoining lot. The distances as specified in this subsection may be reduced or waived upon the finding that such distances are not necessary for the protection of nearby residences.

(7) Fence Requirements. All areas containing livestock or other animals shall be enclosed by fences which are good, strong, substantial, and sufficient to prevent the ingress and egress of livestock or other animals. Such fences shall be designed and constructed of appropriate materials and be of an adequate height so as to control and contain such animals at all times, while avoiding injury to such animals, preventing such animals from reaching across any property lines, and of a design that does not detract from the appearance of the site or surrounding area. Where bees are proposed to be kept, a solid fence of at least six feet in height shall be erected along all property lines within ten feet of the hive. Hives shall not be located in areas where this requirement cannot be met due to height limitations for fences.

(8) Maintenance of Livestock and Other Animals. All livestock and other animals shall be kept or maintained so as to minimize and prevent production of flies, excessive odor, dust, noise, or other conditions detrimental to the community health and welfare, by applying the following minimum requirements:

(a) Manure must be removed daily from the corral, stable, paddock, or other holding areas and stored in fly-tight containers, cans or holding boxes, until disposal; roosts, lofts, and rabbit hutches must be cleaned daily unless worm beds are maintained under the rabbit hutches. Composting or similar treatments may be permissible if performed to appropriate standards so as not to constitute a nuisance, as determined by Planning Director.

(b) Watering troughs must be so constructed and located that they do not overflow excessively in the stall, corral or paddock area, as to promote mosquito larvae growth.

(c) Hay must be stored in such a manner so as not to become a nesting place for rodents, i.e., stored in rodent-proof buildings or off the floor and away from walls, other material or equipment.

(d) Grain feeds shall be stored in rodent-proof containers or buildings, i.e., metal cans or rodent-proof feed cribs; all other feed must be stored in vermin-proof containers.

(e) The entire area set aside for the animals shall be cleared of all rubbish and debris.

(f) Livestock shall not be abandoned on any property or right-of-way in the City of Hayward. Any application for a permit to keep livestock shall include a preliminary plan for the eventual discontinuation of the keeping of livestock on the site, including a method for the relocation of livestock.

(g) Where apiaries are proposed to be sited within one hundred feet of any residence, a person responsible for management of the hives must reside on the property.

(9) Livestock as a Legal, Nonconforming Use. Livestock existing as a legal, nonconforming use may continue indefinitely as long as (1) the livestock have existed continuously in that six months have not passed when there were no livestock on the site, (2) the maximum number of livestock established as a nonconforming use is not increased, and (3) as long as there is no intensification of livestock, e.g., legal, nonconforming medium livestock may not be intensified by replacing them with large livestock. The burden of proof for establishing the legal, nonconforming status of livestock rests with the property owner subject to the endorsement of the Planning Director.

(10) Permit Required. As provided in the Zoning Ordinance, a Zoning Conformance Permit is required prior to the establishment of household pets or apiaries as a secondary use. This requirement shall be waived for household pets where the enclosure is located at least forty feet from any residence, and for apiaries where the hives are located at least one hundred feet from any residence. An application for a Zoning Conformance Permit shall be reviewed by the Planning Director or their designee and shall be approved if all of the standards of this section are met.

(a) Household Pets: A Zoning Conformance Permit is required for the establishment of the following household pets: Hens, ducks, pigeons, rabbits and other similar small animals, as determined by the Planning Director, where the proposed total number on a property does not exceed four (4) of such animals. An application for a Zoning Conformance Permit shall be submitted on a self-certification form, wherein an applicant shall acknowledge with their signature or initials that they understand the requirements of the Hayward Municipal Code with respect to the maintenance and management of the animals that are proposed. Where the City determines that compliance with such standards is impossible given the characteristics of the site where the animals are kept, then the permit shall be deemed null and void.

(b) Apiaries: An application for a Zoning Conformance Permit for beekeeping shall require noticing of all property owners within one hundred feet of the property where the bees are proposed to be kept. Such notice shall be mailed within five business days of receipt of such application. If the City receives notification and documentation acceptable to the Planning Director (such as a doctor's note) that an individual who is allergic to bees resides within one hundred feet of the property where bees are proposed, the application shall be denied. Such notification and documentation may be received from any person who received an official notice from the City or from any person who can establish that they reside within one hundred feet of the property where bees are proposed to be kept. If no notification is received within thirty calendar days of the mailing of the official notice, and if the application meets all other city design criteria, the permit shall be issued.

j. Manufactured Housing Regulations. Manufactured housing to be installed on a lot shall have been constructed after July 1, 1976, and shall bear an insignia of approval under the National Mobile Home Construction and Safety Standards Act of 1974 and shall be erected in compliance with the following:

(1) Shall be attached to a permanent foundation pursuant to Health and Safety Code Section 18551, and shall have all utility connections conform to all requirements of the City's Building, Plumbing, Electrical, and Mechanical Codes.

(2) Shall be a minimum of 20 feet wide.

(3) Shall have a roof constructed of asphaltic, wooden, glass fiber or tile materials.

(4) Shall have wood, masonry or stucco siding which will extend to the ground (except when a solid masonry perimeter foundation is used, the siding need only extend to the top of the foundation).

(5) Shall have an overhang or eave extending a minimum of 14 inches from the wall.

(6) Shall have a floor height no more than 30 inches above the finished grade of the building pad.

(7) Shall include a minimum 20-foot-wide garage (interior dimension) and/or landscaping where necessary to make the house compatible with surrounding residential development.

(8) Shall conform with Hillside Design and Urban/Wildland Interface Guidelines.

k. Private Street Criteria. Approval of a private way as a private street (not part of a subdivision or other development project) for the purpose of establishing a street frontage for a lot shall be governed by the following:

(1) Overall, minimum right-of-way shall be 25 feet per the City Standard Design Details, and paved access shall be not less than 10 feet in width for a one-way driveway and 12 feet in width for a two-way driveway. The access may be increased up to 24 feet in width and incorporate a turn-around area, as such is determined to be necessary, giving consideration to traffic volumes, location, land use, and other relevant factors.

(2) The access strip shall be improved to public street standards. Such improvements shall be installed, or the installation shall be guaranteed to the satisfaction of the City, prior to issuance of a building permit for any use fronting on the private street.

(3) In the instance that multiple lots are to be served by one private street, the following criteria may apply:

(a) Six or fewer lots require a minimum of a 20-foot wide paved private driveway.

(b) Seven or more lots require a minimum of a 24-foot wide paved private street.

(c) Six or fewer lots may be served by a hammerhead.

(d) Seven or more lots shall be served by a cul-de-sac.

(4) The above requirements may be amended after evaluating the following:

(a) Existing and estimated future volume of traffic.

(b) Existing, proposed, and potential development to be served by access.

(c) Adequacy of drainage facilities.

(d) Condition of roadway and provisions for maintenance.

(e) Suitability for emergency vehicle access and utility right-of-way.

(f) Alignment and grade.

(g) Need for off-street parking or pathway to serve adjacent uses.

(5) Before approving a private street, the Planning Commission shall find that:

(a) The private street is physically adequate to provide access for pedestrians and vehicles.

(b) There is a right, exclusive or non-exclusive, to use the private street on a permanent basis which is appurtenant to the subject lot(s).

(c) The private access will not conflict with the General Plan.

(6) Requests for approval shall be considered by the Planning Commission which shall recommend approval, conditional approval, or denial. Upon review by the Commission, said request shall be then considered by the City Council which shall approve, conditionally approve, or deny said request. The action of City Council is final.

l. Small Recycling Collection Facilities and Unattended Collection Boxes.

(1) Purpose and Intent.

(a) The purpose of the subsection related to facilities accepting recyclable material is to make redemption and recycling of reusable materials convenient to the consumer in order to reduce litter and increase the recycling of reusable materials in accordance with the 1986 California Beverage Container Recycling and Litter Reduction Act of 1986 (Pub. Res. Code § 14500, et seq.).

(b) The purpose of the subsection related to unattended collection boxes is to:

i. Promote community health safety and welfare by regulating the placement of unattended collection boxes for clothing and other salvageable personal property throughout the city;

ii. Recognize that placement of unattended collection boxes in a variety of conveniently accessible locations throughout the city encourages individuals to recycle textile goods rather than placing those items in the waste stream.

iii. Ensure that unattended collection boxes and the contents thereof do not pose a hazard or nuisance to pedestrian or vehicular traffic;

iv. Ensure that material is not allowed to accumulate outside of the unattended collection boxes where it may be scattered by adverse weather conditions, animal contact, or human activities; and,

v. Establish criteria that avoid attracting vermin, unsightliness and public health or safety hazards or nuisances.

(2) Definitions.

(a) Recyclable Material: Recyclable materials" or "recyclables" are discarded materials that are collected, separated, and processed and that can be used as raw materials in the manufacture of new products. Recyclable materials are collected and treated in a manner different from refuse.

(b) Small Recycling Facility: A center for the collection and/or processing of recyclable materials. Small recycling facilities shall not exceed 500 square feet and shall be incidental to a primary use on the site (i.e. shopping center). Such facilities collect non-hazardous recyclable materials directly from the public by donation, redemption, or purchase. Small recycling facilities generally do not use power-driven processing equipment, except for reverse vending machines, and may include mobile recycling units, bulk reverse vending machines, kiosk type units, and/or unattended containers placed for the donation of recyclable materials (such as aluminum, glass, plastic, and bimetal for recycling). This definition does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. A certified recycling facility or certified processor is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986.

(c) Responsible Party: Responsible Party shall mean the owner of the Unattended Collection Box, the operator of the Unattended Collection Box, and the owner of the property upon which the Unattended Collection Box is placed,

(d) Unattended Collection Box: Unattended collection box shall mean any unstaffed drop-off container, receptacle or similar device that is located on any lot within the city that is used for soliciting and collecting donations of clothing and other salvageable personal property. This term does not include recycle bins for the collection of recyclable material and facilities described in (2)(b) above, or any unattended collection box located within a building.

(3) Permit Issuance.

(a) Reverse vending machine(s) located within commercial buildings, or which are located upon commercial or industrial zoned property within a ½ mile radius of each supermarket which conducts $2 million or more in sales a year, and meet the following criteria are primary uses and do not require permits by the City of Hayward.

(i) The reverse vending machine(s) is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986;

(ii) The reverse vending machine(s) is established in conjunction with a commercial use, community service facility, or industrial use provided the property is in compliance with the zoning, building and fire codes of the City of Hayward;

(iii) The reverse vending machine(s) does not obstruct pedestrian or vehicular circulation, including the pathway required for the handicapped access;

(iv) The reverse vending machine(s) does not occupy parking spaces required by the primary use;

(v) The reverse vending machine(s) does not occupy more than 50 square feet of floor space per installation, including any protective enclosure, and is no more than 8 feet in height;

(vi) The reverse vending machine(s) is clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative;

(vii) The reverse vending machine(s) is maintained in a clean, litter-free condition on a daily basis;

(viii) The operating hours are at least the operating hours of the host use;

(ix) The area is illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn;

(b) An administrative use permit for small recycling facility located in commercial or industrial areas and within a ½ mile radius of each supermarket which conducts $2 million or more in sales a year, shall be issued if the applicant shows that the following conditions have been met:

(i) The small collection facility shall be established in conjunction with an existing commercial use, community service facility, or industrial use which is in compliance with the zoning, building, and fire codes of the City of Hayward;

(ii) The small collection facility shall be no greater than 500 square feet and occupy no more than 5 parking spaces not including space that will be periodically needed for removal of materials or exchange of containers;

(iii) The small collection facility shall be set back at least 200 feet from any property line adjacent to property developed with residential uses and shall not obstruct pedestrian or vehicular circulation. A smaller separation between a proposed facility and residential uses may be permitted with submittal of a noise study and installation of noise reducing equipment, to the satisfaction of the Planning Director or his/her designee;

(iv) The small collection facility shall accept only glass, metals, plastic containers, papers and reusable items, not including motor oil;

(v) The small collection facility shall use no power-driven processing equipment except for reverse vending machines;

(vi) The small collection facility shall be secured from unauthorized entry or removal of material, and a collection schedule shall be posted;

(vii) All recyclable materials shall be stored in containers or in the mobile unit vehicle, and materials shall not be left outside of containers when attendant is not present;

(viii) The small collection facility shall be maintained free of litter and any other undesirable materials, and the area about the machines shall be swept and cleared each day. Mobile facilities, at which truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day;

(ix) The small collection facility shall not exceed noise levels of 60 DBA as measured at the property line of residentially zoned or occupied property, other sites shall not exceed 70 DBA;

(x) Attended facilities located within 100 feet of a property zoned or occupied for residential use shall operate only during the hours between 9:00 a.m. and 7:00 p.m.;

(xi) Containers for the 24-hour donation of materials shall be at least 50 feet from any property zoned or occupied for residential use unless waived by the Planning Director;

(xii) Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers;

(xiii) Signs for recycling facilities may be provided as prescribed in Chapter 10, Article 7, Sign Regulations, of the Hayward Municipal Code;

(xiv) The small collection facility shall not impair the landscaping required by the City for any concurrent use;

(xv) No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use. One space shall be provided for the attendant, if needed;

(xvi) Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;

(xvii) Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use unless all of the following conditions exist:

aa. The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation;

bb. A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site;

cc. The permit shall be reconsidered at the end of 18 months;

dd. A reduction in available parking spaces in an established parking facility may then be allowed as follows:

• For a commercial or industrial host use:

• For a community facility host use:

A maximum of five spaces reduction will be allowed when not in conflict with parking needs of the host use.

(xviii) The area is illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn;

(c) Unattended Collection Box. A zoning conformance permit is required prior to placement of an unattended collection box on a property that is zoned General Commercial, Neighborhood Commercial, Mission Boulevard Code (MB-CN, MB-NN, MB-CC). An unattended collection box owned, operated and maintained by a currently operating primary or permitted use engaged in the collection of used textiles and that is located on the site of that use shall not require zoning conformance permit approval. However, such box shall meet all other requirements and standards as set forth in this subsection.

Approval of a zoning conformance permit for an unattended collection box shall be contingent upon fulfillment of the following requirements and standards:

(i) Unattended collection boxes shall be placed on a site of an existing primary use that is in compliance with zoning, building and fire code of the City of Hayward.

(ii) Unattended collection boxes shall be a minimum distance of 1,000 feet from any other permitted unattended collection box, unless of the following exceptions apply:

a. The unattended collection box owned, operated and maintained by a currently operating primary or permitted use engaged in the collection of used textiles and that is located on the site of that use; or

b. The unattended collection box is included on the Inventory of Unattended Collection Boxes; or

c. The unattended collection box has been approved as second box on the same parcel, pursuant to subsection (x).

(iii) Unattended collection boxes are prohibited on the site of solely residential development.

(iv) Unattended collection boxes shall be maintained in good condition, free of graffiti, with no structural damage, holes or visible rust.

(v) The Responsible Party shall maintain a minimum of twenty feet of area surrounding the unattended collection box free of donated materials, junk, trash and debris or other salvageable personal property placed on the site.

(vi) The Responsible Party shall be responsible for abatement and removal of all junk, garbage, trash, debris and other material from the unattended collection box and the immediate twenty feet surrounding the box within 24-hours of written notice from the City of Hayward. If abatement and removal is not accomplished within 24-hours of said notice, the Responsible Party shall be responsible for all costs related to abatement and removal of junk, garbage, trash, debris and other refuse material as defined above.

(vii) Unattended collection boxes shall contain the following information in minimum two-inch font visible from the front of each facility: the name, address, telephone number, Internet Web address and email address of the unattended collection box owner and operator; the type of material to be deposited in the box; and, a statement that the collection box is owned by either a for-profit or nonprofit organization. If a nonprofit organization owns the unattended collection box, then the box's front must also display a statement describing the charitable cause that will benefit from the donations.

(viii) Unattended collection boxes shall be locked or otherwise secured.

(ix) Unattended collection boxes footprint shall not exceed 25 square feet in size, and shall not be taller than seven feet in height.

(x) No more than one unattended collection box may be placed on a parcel. However, an operator with an approved box on a site that is in good standing may apply to amend their zoning compliance permit to allow the installation of a second box on the same parcel if the operator demonstrates that daily collection from the permitted unattended collection box fails to provide adequate storage capacity.

(xi) Unattended collection boxes shall not obstruct pedestrian or vehicular circulation and shall not be placed in required parking spaces, setbacks or the public right-of-way as defined in Chapter 10 of the Hayward Municipal Code.

(xii) Unattended collection boxes shall be visible from the public right-of-way.

(xiii) Unattended collection boxes shall be located no further than 10 feet from a continually operating light source of at least one foot candle.

(xiv) Unattended collection boxes shall be free of any advertising which is unrelated to the business of the unattended collection box.

(xv) Unattended collection boxes shall remain in the exact location for which a permit was issued and shall not be moved unless the box is replaced with an identical box in the same location or removed from the property.

(xvi) The owner or operator of a permitted unattended collection box shall report the total number of tons of material collected within the city limits. Such reporting shall be submitted in writing on an annual basis to the City's Utilities and Environmental Services Department. Written reports shall be submitted by March 30 each year for the preceding calendar year.

(d) [Reserved.]

(e) Removal of Unattended Collection Boxes and Liability. If an unattended collection box on private or public property is lacking the requisite permit, the Planning Director or designee shall have the authority to cause the abatement and removal thereof in accordance with the procedures outlined in Chapter 5, Article 7 (Community Preservation and Improvement) of the Hayward Municipal Code.

(f) Nothing in these regulations is intended to diminish or otherwise alter the requirements of any other federal, state or municipal law governing regulation of unattended collection boxes.

m. Temporary Uses, Minor.

(1) A Minor Temporary Use Permit is required for any of the following uses that will operate outdoors for a period of less than six months within a calendar year:

(a) Carnival/circus

(b) City sponsored/co-sponsored event

(c) Concert

(d) Cultural event

(e) Food truck/cart court

(f) Light/drone show

(g) Pop-up market

(h) Pop-up playground

(2) Application requirements. A Minor Temporary Use Permit application shall include the following:

(a) The address of the location where the proposed temporary use will occur;

(b) The date(s) and time(s) that the proposed temporary use will occur;

(c) A description of the location where the proposed temporary use will occur;

(d) A description of the temporary use, including a description of the following if applicable:

(i) The number of employees;

(ii) The total number of attendees per day - Include estimated attendance during peak and off-peak times;

(iii) The nature and type of sound amplification;

(iv) Any vehicles stored on-site and their respective quantities and sizes;

(v) How trash and recycling will be collected;

(vi) If there will be bathrooms on site;

(vii) Any food and/or beverages to be served; and

(viii) Any other information associated with the proposed temporary use as required by the Development Services Department.

(3) Limitations on Minor Temporary Use Permits.

(a) Permit may cover up to six months within each calendar year.

(b) Non-permanent uses that do not fall under the criteria of this subsection shall require approval of an Administrative Use Permit.

(c) Pumpkin patch and Christmas tree lots.

(i) Pumpkin patch lots shall not be established before October 1 of each year.

(ii) Christmas tree lots shall not be established before November 22 of each year.

(iii) All trees or pumpkins, merchandise, debris, fences, poles, hay or sawdust and other evidence of the use must be removed within 7 days after the Halloween or Christmas Holiday.

(4) Minor Temporary Use Permit Performance Standards

(a) Attendance must be limited to between 275 and 1000 participants per day;

(b) All temporary uses must end by 9pm;

(c) All temporary uses must be open to all ages;

(d) No alcohol sales are permitted;

(e) All parking and loading must be done on the lot and not on any public street. Parking areas shall be surfaced to prevent mud or dust from being tracked onto the public right-of-way.

(f) All temporary uses shall comply with Airport Safety Zone requirements as defined in Chapter 10, Article 6, including height limitations, for all structures and equipment needed for set up and take down;

(g) Each Minor Temporary Use Permit is non-transferable and shall be used only at the specific premises and on the specific dates for which the use permit was issued.

(5) The Development Services Department Director may deny a Minor Temporary Use Permit application for any of the following reasons:

(a) The applicant provides false information in the application submitted for a Minor Temporary Use Permit.

(b) The business or premises for which the Minor Temporary Use Permit is requested is found to be out of compliance with applicable City, state and/or federal laws, ordinances and codes.

(6) Revocation of a Minor Temporary Use Permit.

(a) The Development Services Director shall have the authority to revoke or suspend a Minor Temporary Use Permit under this section, pursuant to the procedures of Section 10-1.2845 of Chapter 10 of the Hayward Municipal Code. The suspension or revocation of a Minor Temporary Use Permit shall be based on one or more of the following:

(i) Any of the criteria established for the denial of a Minor Temporary Use Permit in subsection (m)(5), above.

(ii) The proposed temporary use results in a high volume of calls for service to the Police Department and/or the Code Enforcement Division.

(iii) The temporary use for which the permit was issued violates one or more of the conditions imposed upon the approved permit or the requirements of this subsection.

(b) In the event the Development Services Director revokes a Minor Temporary Use Permit pursuant to this Ordinance, no other temporary use permit shall be issued to the same applicant within a minimum of five years from the date that the denial or revocation is final.

(c) The Development Services Director's decision revoking a permit may be appealed in writing to the Planning Commission stating the reasons why the Director's decision was incorrect. The Planning Commission shall schedule a hearing within 30 days of said appeal, and its decision shall be final. Said appeals shall be filed with the Planning Division.

n. Temporary Uses, Large Outdoor Gathering.

(1) Administrative Use Permit Required. No outdoor gathering of 1000 or more people shall be held unless an administrative use permit has first been obtained.

(2) Outdoor Gathering. Any assembly, music festival, carnival, show, circus, dance, exhibition, lecture, concert, rally, party, celebration, or similar event or activity which is:

(a) Open to the public or to which members of the public are invited or admitted either for a charge or free of cost; and

(b) Held outdoors or other than in a permanent structure that was constructed for the purpose of or constructed so that it can be used for conducting such event or activity; provided, however, that the incidental use of any patio, courtyard, deck, or other area adjacent to and outside a permanent structure (that is authorized as a permitted primary or conditional use) by participants at the event or activity shall be considered use of the permanent structure for the purposes of this provision.

(3) Application. An application for an administrative use permit to hold an outdoor gathering shall be submitted to the Planning Division, setting forth the following:

(a) The location and legal owner of the premises on which the outdoor gathering is to be held;

(b) The number of people the applicant will admit to the outdoor gathering, plans to limit admittance to the outdoor gathering to such number, and the date(s) and times during which the gathering is to be held;

(c) The applicant's plans, including ADA facilities where physically feasible, for provisions of potable water, toilet facilities, and solid waste disposal;

(d) The applicant's plans for provision of parking spaces, including ADA spaces;

(e) The applicant's plans for illuminating the premises if any part of the gathering is to be held within one hour before sunset or after dark;

(f) A description of all sound amplification equipment the applicant plans to use and the intensity in decibels at the property line of the premises upon which the gathering is to be held; and

(g) The applicant's plans for provision of fire control devices and method of vehicular and pedestrian access to and from the gathering.

o. Vacant Property Fencing.

(1) Purpose. The purpose of this section is to set forth design and performance standards for perimeter fencing within required yards of vacant buildings and sites.

(a) Vacant buildings and sites provide convenient locations and opportunities for dumping, trespassing and other illegal activities, resulting in public nuisances.

(b) Installation of perimeter fencing around vacant buildings and sites discourage potential public nuisances. However, the City must balance the benefit of security and prevention of public nuisances with the aesthetic impact of excessive use of chain link fencing typically utilized to secure vacant property.

(c) The City has an interest in ensuring that highly visible perimeter fencing installed along property frontages of vacant buildings and sites is well-designed, durable, and maintained in good condition to discourage blight and trespassing on such properties and to promote the aesthetic character of the city.

(2) Applicability. These regulations shall apply to all properties that are determined to be vacant as defined in Section 10-1.3500, for a minimum of 30 days.

(3) Fencing installed pursuant to this section shall comply with the following standards:

(a) A perimeter fence may be installed around a building or site that is vacant pursuant to Section 10-1.3500, Definitions.

(b) Fencing installed pursuant to this section shall not exceed six feet in height within the required setbacks.

(c) Residential, Commercial, Mission Boulevard Code, Open Space and Public Facilities Districts, except Central City Districts: Fences located along front, corner, or street side yards of properties with any frontage along roadways identified as arterial and collector streets in the City of Hayward General Plan shall be composed of wrought iron, chain link with decorative fence screen, wood picket or rail, wood-plastic composite, vinyl clad chain link (black or green), fence lace style or Omega style fencing. Fencing around properties fronting roadways identified as local streets in the City of Hayward General Plan and all interior lot line fencing, regardless of location, may be chain link.

(d) Central City Districts and Downtown Development Code: Fences located along property lines that front public right-of-way shall be composed of wrought iron, chain link with decorative fence screen, wood picket or rail, fence lace style or Omega style fencing. Interior lot line fencing that does not front public right-of-way may be chain link.

(e) Planned Development (PD) Districts: Fence standards for PD District properties shall be as approved in the PD District. If not specified in the PD District regulations, fence standards for vacant PD zoned properties shall be the same as those of the nearest adjacent zoning district as set forth in c and d above, and f below, as determined by the Planning Director or designee.

(f) Industrial and Other Districts: Chain link perimeter fencing may be placed around all sides of vacant properties, including those fronting public right-of-way. Such fences shall be consistent with the fence placement and height standards set forth in this subsection, unless otherwise permitted by the Planning Director or designee.

(g) Alternative fencing materials for all zoning districts may be approved by the Planning Director or designee upon finding that the proposed fence material is not chain link, is durable, well-designed, and enhances the aesthetic character of the City.

(4) Maintenance and Performance Standards:

(a) Fencing installed pursuant to this section shall be maintained in good condition and appearance with no structural damage, tearing, fading or visible rust, and shall be free of graffiti.

(b) Fences posts shall be installed in the ground unless the perimeter of the site is paved in which case fence panel stands may be used. Fence panel stands shall be composed of the same material as the fence, structurally sound, and hold fence panels in a fully erect position.

(c) No portion of a temporary fence, including fence panel stands or other posts, shall encroach on City-owned right-of-way, unless permitted by an approved encroachment permit.

(d) No portion of a fence installed pursuant to this section shall impair driver visibility or create a traffic hazard or otherwise violate standards set forth in Hayward Traffic Code, Article 9, Obstructions to Visibility at Intersections.

(e) Fencing standards set forth above shall not apply to safety or emergency fencing installed on a vacant property when conditions on that property cause or constitute an imminent or immediate danger to the health or safety of the public or a significant portion thereof.

(5) Appeals of reviewing authority decisions made pursuant to this chapter shall be filed and processed in accordance with Section 10-1.2845, Appeal and Review Process, of this code.

(6) Implementation. All owners of vacant property with perimeter fencing that is located within required front, side and rear yards shall have one year from the effective date of these regulations to remove all non-conforming fencing. However, any non-conforming fencing that is structurally damaged, rusting, fading or tearing shall be removed or replaced within 60 days of adoption of this ordinance.

p. Vehicle Parking, Repair, Display, and Storage Requirements. The term "vehicle" as used in this section shall include an automobile or truck (excluding truck tractor or any vehicle exceeding a maximum gross weight limit of 6,000 pounds of gross vehicle weight) recreational vehicle, trailer, boat mounted on trailer, special interest vehicle, or other vehicle referenced in California Vehicle Code section 5051, and other vehicles of similar kind and use. In all zoning districts, use of any kind of vehicle as defined herein for living or sleeping purposes shall be prohibited except within mobile homes within an approved mobile home park and for safe parking operation as described in Section 10-1.2736(c).

(1) Single-Family Residential Uses.

(a) Parking and Storage in Front Yards. Vehicles shall be parked in the required front yard only on the paved driveway which provides direct access to the garage from a public street or an approved private street, perpendicular to the street, or on a curved driveway.

(b) Parking or Storage in Other Than Front Yards. Parking or storage of vehicles in areas other than the front yard is permitted subject to the following requirements:

(i) No vehicle shall be parked or stored in a required side yard or side-street yard with the following exceptions: recreational vehicles that are not self-propelled, and are less than 6 feet in height, such as a boat, compact trailer tent or similar recreational vehicle can be stored in a required side yard if screened from view from the street by a solid fence.

(ii) Parking or vehicle storage areas shall be paved with asphaltic or Portland Cement concrete and conform to City standards. A secondary driveway which provides access to a recreational vehicle storage area may be constructed with concrete, asphalt, or rock or concrete wheel tracks.

(iii) Open parking or vehicle storage areas located on lots less than 10,000 square feet in area shall not exceed 500 square feet in area (700 square feet for lots 10,000 feet or larger).

(iv) Open or covered parking areas, and garages or carports exceeding 120 square feet in area, shall be located no less than 5 feet from the side or rear property line and shall conform to all other requirements of the Zoning Ordinance and Building Code.

(2) Multi-Family Residential Uses—Prohibited Vehicles. Parking or storage of truck tractors or vehicles that are not self-propelled (trailers, boats mounted on trailers, and other vehicles or equipment of similar kind and use) are prohibited except within designated storage areas approved as part of the site plan review, use permit, planned development or building permit.

(3) Display and Sale of Motor Vehicles. Display for sale of one motor vehicle, boat, trailer, motorhome, or other vehicle is permitted as an accessory residential use, provided said vehicle is registered to a person who currently resides on the property. Display for sale of any vehicle on any property not approved for such use is unlawful, and legal action may be taken against the vehicle owner, property owner, or both.

(4) Vehicle and Boat Repair. It shall be unlawful and a public nuisance for any person to engage in, or any property owner to allow to occur, vehicle or boat repair in any residential zone:

(a) Upon any vehicle which is not registered to a current occupant of the premises where the work is being performed; or

(b) Upon more than two (2) vehicles at one time on the same premises or by the same person; or

(c) Outside a fully enclosed structure for uses defined as major automobile repair as defined in Section 10-1.000 of this Ordinance. Minor automobile repair may be performed outside a fully enclosed structure where elapsed time between the beginning and end of the repair does not exceed forty-eight (48) hours. Vehicle painting, other than spot painting, shall not be permitted in residential zones.

(Amended by Ordinance 17-15, adopted Nov. 28, 2017; amended by Ordinance 19-10, adopted June 4, 2019; amended by Ordinance 20-12, adopted July 14, 2020; Amended by Ordinance 23-08, § 7, adopted October 17, 2023; Amended by Ordinance 24-01, adopted January 23, 2024; Amended by Ordinance 25-02, § 1(Exh. A), adopted January 21, 2025; Amended by Ordinance 26-06, § 1(Att. IV, Exh. D), adopted May 5, 2026)