Hayward Municipal Code § 10-24.4.2.010 Site Plan Review

Footnotes:

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

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

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

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

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

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

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

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

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

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

E. Non-Conforming Structures and Land Uses. Nonconforming structures and/or nonconforming use(s) legally existing when this Code was adopted must comply with Section 10-1.2900 (Nonconforming Uses) of the Hayward Zoning Code.

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

The Code consists of the following Subarticles:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Figure: Figure 2.1.020.1A Mission Boulevard Code Regulating Plan]

Figure 2.1.020.1A Mission Boulevard Code Regulating Plan

[Figure: Figure 2.1.020.1B Mission Boulevard Code Regulating Plan]

Figure 2.1.020.1B Mission Boulevard Code Regulating Plan

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

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

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

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

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

1. Mission Boulevard - Civic Space (MB-CS). This zone is intended for the provision of public open space, civic buildings, and civic uses. When the MB-CS Zone is applied to privately owned property, the use and building existing at the time this Code comes into effect may continue until the site is redeveloped or becomes under public ownership. Allowed uses and permit requirements are as prescribed in Table 2.3.010.A: Allowed Uses and Permit Requirements. Buildings shall be designed and located in compliance with the standards of the MB-CN.

B. Overlay Zones.

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

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

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

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

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C. Lot Occupation

D. Building Form Height

E. Building Placement Setback (Distance from ROW/Lot Line)

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

G. Projections into Required Yards

H. Frontages

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

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C. Lot Occupation

D. Building Form Height

E. Building Placement Setback (Distance from ROW/Lot Line)

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

G. Projections into Required Yards

H. Frontages

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

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C. Lot Occupation

D. Building Form Height

E. Building Placement Setback (Distance from ROW/Lot Line) Front (Facade Zone)

E. Building Placement (continued) Miscellaneous Building facade must be parallel to ROW/Lot Line. Minimum one pedestrian entrance from primary street must be located within front facade zone. F. Parking and Driveways Parking Requirements See Section 10-24.3.2.050 (Parking and Loading) Parking Location (Distance from ROW / Lot Line)

G. Projections into Required Yards

H. Frontages

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

A. Table 2.3.010.A (Allowed Uses and Permit Requirements), sets the land use regulations for the Mission Boulevard Corridor Zones by letter designation as follows unless a use or activity is prohibited or subject to a higher level of permit pursuant to other parts of this Code or other applicable regulations:

"P" designates permitted uses.

"A" designates uses that are permitted after review and approval of an Administrative Use Permit.

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

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

"P/C" designates uses that are permitted or permitted after review and approval of a Conditional Use Permit under certain circumstances.

"-" designates uses that are not allowed.

B. A project which includes two or more categories of land use in the same building or on the same site is subject to the highest permit level required for any individual use or single component of the project.

C. Land uses are defined in Section 10-1.3500 (Definitions), of the Hayward Zoning Code. In cases where a specific land use or activity is not defined, the Planning Director may make a determination in compliance with Section 10-1.2835 (District Uses Not Specified) of the Hayward Zoning Code.

Table 2.3.010.A: Allowed Uses and Permit Requirements

(Amended by Ordinance 24-01, adopted Jan. 23, 2024; Amended by Ordinance 25-02, § 1(Exh. C), adopted January 21, 2025; Amended by Ordinance 26-06, § 1(Att. IV(Exh. I), adopted May 5, 2026)

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

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

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

A. Building Massing.

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

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

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

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

All exterior mechanical and electrical equipment shall be screened or incorporated into the design of buildings so as not to be visible from public rights-of-way. Equipment to be screened includes, but is not limited to, all 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 utilize the same color(s) as the exterior colors of the building. Exceptions may be granted by the Planning Director or other approving authority where screening is infeasible due to existing development or health and safety or utility requirements.

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

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

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

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

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

B. Materials.

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

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

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

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

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

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

Table 3.2.040.A Fences and Walls by Zone

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

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

A. Required Ratio of Parking Spaces.

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

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

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

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

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

B. Tandem Parking.

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

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

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

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

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

Table 3.2.050.B: Bicycle Parking Requirements

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

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

(i) Covered, lockable enclosures with permanently anchored racks for bicycles;

(ii) Lockable bicycle rooms with permanently anchored racks;

(iii) Lockable, permanently anchored bicycle lockers; or

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

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

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

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

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

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

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

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

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

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

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

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

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

A. MB-CN and MB-NN Zones.

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

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

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

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

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

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

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

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

C. Indoor Air Quality.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Table A (Frontage Types Overview) provides a list of the allowed frontage types by zone. The names of the frontage types indicate their particular configuration or function and are not intended to limit uses within the associated building. For example, a porch may be used by non-residential uses such as a restaurant or office as allowed by the zone.

Table 3.3.030.A Frontage Types Overview

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

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

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

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

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

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

This Division sets forth the standards to provide a diverse palette of parks and other publicly accessible civic spaces that are publicly or privately owned throughout the Code Area. These standards supplement the standards for each zone in which the civic spaces are allowed and are intended to complement development and reinforce the character and scale of Mission Boulevard and the adjacent walkable neighborhoods. Civic space is a public benefit intended for use by the general community, and is distinct from private or common usable open space typically required as part of a residential project.

This Division applies to any project where civic space is required, including Section 10-24.3.6.030(E), and is not exclusive to the MB-CS Zone.

A. Table A (Civic Space Type Overview) provides an overview of the allowed civic space types in the Mission Boulevard Corridor Zones.

B. The civic spaces specified in Table A (Civic Space Type Overview) are allowed as follows:

1. Allowed by Review. Allowed if in compliance with the standards of this Division and if approved as part of Site Plan Review or Major Site Plan Review, or with an Administrative Use Permit or Conditional Use Permit.

2. Not Allowed. Civic Space Types not allowed in the zone.

Table 3.4.030.A Civic Space Type Overview

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

A. Minimum Dimensions. Minimum dimension of 25 feet by 25 feet.

B. Building Frontage. Buildings on lots adjacent to or across a thoroughfare from a civic space must be oriented to have the building facade face the civic space.

C. Public Access. Public access and visibility from a public street and from on-site areas normally frequented by nearby uses, must be maintained.

D. Accessory Structure Standards. Accessory structures within civic spaces, including, but not limited to, restrooms, open-air pavilions, gazebos, picnic shelters, and outdoor theaters, are subject to the standards of the applicable zone in Division 10-24.2.2 (Mission Boulevard Corridor Zones).

E. General Characteristics. The placement of objects within the civic space.

1. Natural. Civic spaces with natural character must be designed in a natural manner with no formal arrangement of elements.

2. Formal. Civic spaces with a formal character must be designed in a more rigid layout that follows geometric forms and has trees and other elements arranged in formal patterns.

3. Informal. Civic spaces with an informal character must be designed to have a mix of formal and natural characteristics.

F. Design Criteria. An area used for civic space must comply with the following:

1. Unless the land includes sensitive natural resources, a civic space area must be readily accessible and usable.

2. The area may be developed using any practical combination of high quality plant and hardscape materials such as bricks, stone, concrete, permeable paving, or tile.

3. The surface of the civic space must be suitable for outdoor activities, such as a lawn or paving for designated activities.

4. Seating areas and plazas should be located in areas with good solar exposure and wind protection.

5. Civic space shall include benches or other seating. Amenities shall be included that enhance the comfort, aesthetics, or usability of the space, including but not limited to trees and other landscaping, shade structures, drinking fountains, water features, public art, trash receptacles, information kiosks, or performance areas.

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

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A. Class 1 Telecommunication Facilities. The following Telecommunication Facilities are classified as Class 1 facilities within the Code Area:

1. Any Telecommunication Facility directly affixed to a building or structure, provided that all components of the facility are designed in a manner to be architecturally consistent with the building or structure. Examples include, without limitation, Telecommunications Facilities concealed within existing structures such as attics, cupolas, steeples, stanchions, bell towers, or similar structures, mounted to the penthouse of a building to appear as part of the architecture.

2. A ground-mounted or building-mounted receive-only radio or television satellite dish antenna which exceeds 36 inches in diameter but is not larger than 8 feet in diameter, provided the height of said dish does not exceed the height of the roof ridge line of a structure on which it is to be installed or is screened from view from the public right-of-way.

3. Any freestanding Telecommunications Facility designed to blend into the surrounding natural or man-made environment in order to minimize the overall visual impact. Examples include, without limitation, flag, telephone or light poles, palm trees, windmills, or rock formations and other similar items.

4. Any Telecommunications Facility proposed to co-locate on another freestanding existing Telecommunications Facility.

5. Government-owned and government-operated antenna(s).

The descriptions of Class 1 Telecommunication Facilities found in Hayward Zoning Code Subsection 10-13.070.a(1) through (8) are inapplicable to the Code Area.

B. Allowed Facilities.

1. Class 1 Telecommunication Facilities may be located in any zone within the Code Area subject to Telecommunication Site Review approved by the Planning Director in accordance with Municipal Code Chapter 10, Article 13 (Antenna and Telecommunications Facilities Ordinance).

2. Class 2 and Class 3 Telecommunication Facilities are prohibited in the Code Area.

C. Required Findings. In addition to the findings required by Hayward Zoning Code Section 10-13.070 and in order to approve a Telecommunications Site Review application, the Planning Director must find the proposed Telecommunication Facility is:

1. Sited and designed so as to be architecturally integrated such that it is virtually invisible to the naked eye from public streets and Civic spaces;

2. The design, finish, colors and texture are non-reflective and blend with the surrounding natural and/or man-made environment; and

3. If freestanding or pole-mounted, the height is the minimum necessary without compromising reasonable reception or transmission.

D. Other Requirements. All other requirements of Hayward Zoning Code Article 13 (Antenna and Telecommunications Facilities Ordinance), apply.

A. Purpose. The purpose of this Section is to establish standards for short term activities that would be compatible with adjacent and surrounding uses when conducted in compliance with this Section.

B. Applicability. A Temporary Use allows short term activities that might not meet the normal development or use of standards of the applicable zone, but may otherwise be acceptable because of their temporary nature.

C. Exempt Temporary Uses. The following temporary uses are exempt from the requirements for a Minor Temporary Use Permit in Section 10-1.2735(n) or for a Temporary Use Permit in Division 10-24.4.4.

1. Contractors' Construction Yards On-site.

a. On-site contractors' construction/storage yard(s), in conjunction with an approved construction project on the same parcel, including, but not limited to, storage or cargo containers.

b. The construction yard must be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.

2. Emergency Facilities. Emergency public health and safety needs/land use activities, as determined by the Planning Director.

3. Garage and Yard Sales. Garage and yard sales (e.g., personal property sales) are allowed as Temporary Uses when conducted within a MB-CN or MB-NN zoned property and are subject to the standards in Subsection 10-1.2735(h) (Garage Sales) of the Hayward Zoning Code.

D. Permit Required.

1. Temporary uses specified in Section 10-1.2735(n), Minor Temporary Use Permit, require approval of a Minor Temporary Use Permit in compliance with the procedures and requirements of that section.

2. Any other temporary uses deemed appropriate by the Planning Director require approval of an Administrative Use Permit in compliance with the procedures and requirements of Section 10-1.3100.

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

A. The intent of this Division is to:

1. Create and reinforce compact and walkable urban environments with a mix of uses;

2. Promote development patterns that support effective and convenient multi-modal transportation options, including pedestrian, bicycle, and public transit; and

3. Provide opportunities for auto-oriented suburban contexts to transform into walkable urban development.

B. The standards of this Division apply to new development or subdivision on sites that are two acres or larger in size or with more than 600 feet of cumulative front and side street frontage.

[Figure]

Sites subject to this Division must obtain Major Site Plan Review in compliance with Section 10-1.3000 (Site Plan Review) of the Hayward Zoning Code and the requirements of this Division.

A. Block Size.

1. The total block perimeter must comply with the standards established in Table A (Block Size).

2. If a block or site contains multiple zones, smallest applicable block perimeter applies.

Table 3.6.030.A Block Size

[Figure]

B. Thoroughfares. Thoroughfares, public or private, define the streets, pedestrian paths, and bicycle routes that refine large sites into walkable urban environments that may also provide multiple routes for vehicular circulation.

1. General to All.

a. Thoroughfares are intended to provide multi-modal access to lots and civic spaces.

b. Thoroughfares shall consist of vehicular lanes (including parking and bicycle lanes) and public frontages (including sidewalks and amenities) consistent with City complete streets principles and City plans for improvements.

c. Pedestrian comfort shall be a primary consideration of the thoroughfare.

d. Where presented, design conflicts between vehicular and pedestrian movement generally shall be decided in favor of the pedestrian.

2. Design.

a. Thoroughfares must comply with Department of Public Works and Utilities standards.

b. The thoroughfare network must indicate the layout on streets, pedestrian paths, and bicycle facilities (as appropriate), and the block network in compliance with standards in this Subsection and Subsection A.

c. Thoroughfares shall accommodate sidewalks, Bicycle Lanes, Bicycle Routes and Bicycle Trails (if applicable) consistent with the City of Hayward Bicycle and Pedestrian Master Plan and any other plans for network improvements.

d. Thoroughfares that pass through multiple zones must transition to align with the character of the zone. For example, while a thoroughfare within a Mission Boulevard-Corridor Center (MB-CC) Zone with retail shops may have wide sidewalks with trees in tree grates, it may transition to a narrower sidewalk with a planting strip within a less urban zone with lower intensity residential uses (e.g., Mission Boulevard-Corridor Neighborhood (MB-CN) Zone).

3. External Connectivity.

a. Thoroughfares must be arranged to connect to existing or proposed thoroughfares into adjoining lands whether the adjoining lands are undeveloped and intended for future development, or if the adjoining lands are developed and include opportunities for such connections.

b. Thoroughfare rights-of-way must be extended to or along adjoining property boundaries to provide a roadway connection or thoroughfare stub for development in compliance with the standards in Subsection A (Block Size).

c. The site plan must identify all stubs for thoroughfares and include a notation that all stubs must connect with future thoroughfares on adjoining undeveloped property.

d. Dead-end streets and cul-de-sacs are not allowed. This does not apply to public or private driveways leading to parking facilities, including garages, parking lots, or parking structures.

4. Specific to Bicycle and Pedestrian Connections. The site circulation system must include a system of bicycle and/or pedestrian paths that, at minimum, include the following:

a. Internal Connections. A system of pedestrian walkways shall connect all buildings on a side to each other, to on-site automobile and bicycle parking areas, and to any on-site common open space areas, civic spaces, or pedestrian amenities. Walkways must be physically separated from drive aisles, except when crossing a drive aisle.

b. External Connections.

(1) Regular connections between on-site walkways and the public sidewalk shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage.

c. Direct and convenient access shall be provided from commercial and mixed-use projects to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security.

d. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances.

e. Pedestrian access must consist of an accessible, easily discernible, well-lit, and ADA compliant walkway a minimum of 5 feet in width.

C. Civic Space. Minimum of 10 percent of the net project area must be designed as civic space in compliance with Division 10-24.3.4 (Civic Space). Net project area is the area after subtracting streets right-of-way from the project area.

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

This Subarticle establishes the review procedures for the administration of the Code and to ensure that each new or expanded use or structure complies with the applicable requirements of this Code and the Hayward Municipal Code.

This Subarticle applies to the use and development of property within the Code Area and shall be considered in addition to the applicable permit and review procedure requirements in any other section of this Code or the Hayward Municipal Code.

Site Plan Review, pursuant to Section 10-1.3000 of the Hayward Zoning Code, is required for all development projects and uses. If the project also requires Planning Commission approval, the project shall be processed and reviewed concurrently by the Planning Commission.

On sites of two or more acres or with more than 600 feet of street frontage, Major Site Plan Review, pursuant to Section 10-1.3075 of the Hayward Zoning Code, shall be obtained prior to any subdivision or other approval for new development.

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

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

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

1. Makes a positive contribution to existing development on neighboring properties;

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

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

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

A. Application Filing and Processing. The application must be filed with the Planning Director and include the information and materials in the most current Department publication for applications together with the required fee as specified in Section 10-1.2815 (Application) of the Hayward Zoning Code. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 10-24.4.3.040 (Findings for a Decision on a Minor Modification).

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

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

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

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

Table 4.3.030.A Minor Modifications Allowed

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

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

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

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

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

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

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

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

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

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

Footnotes:

--- (2) ---

Editor's note— Ordinance 26-06, § 1(Att. IV, Exh. I), adopted May 5, 2026, repealed §§ 10-24.4.4.010—10-24.4.4.060, which pertained to temporary use permit. See Code Comparative Table for complete history.

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

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

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

Building Elevation. The exterior wall of a building not adjacent to a public right-of-way, the front or side along a private street, or civic space.

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

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

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

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

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

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

Encroachment. Any architectural feature, structure or structural element, such as a gallery, fence, garden wall, porch, stoop, balcony, oriel window, bay window, terrace or deck, that breaks the plane of a vertical or horizontal regulatory limit extending into a setback, or beyond the zero lot line into the public frontage, or above a height limit.

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

Facade Zone. The area between the minimum and maximum setback lines along the front of a parcel and along the side street of a corner parcel.

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

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

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

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

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

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

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

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

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

Height

Building Height. The vertical distance at any point from the finished grade or existing grade, whichever is lower, to the highest point of the coping of a flat roof, to the top roof line of a mansard roof, or to the midpoint of the highest gable of a pitched or hip roof (see Section 10-1.3510 in the Hayward Municipal Code).

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

Ground Floor, Ceiling. Height from finished floor to finished ceiling of primary rooms on the floor(s) above the ground floor, not including secondary rooms such as bathrooms, closets, utility rooms, and storage spaces.

[Figure: Figure 6.1.030.1 Height]

Figure 6.1.030.1 Height

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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