DATE: May 20, 2025
TO: Mayor and City Council
FROM: Director of Development Services
SUBJECT
Title
Universal Residential Design: Introduce an Ordinance Amending the Hayward Municipal Code to Add Article 9, Chapter 9 (Building Regulations), Establishing Universal Residential Design and Visitability Standards, and Finding the Amendments Categorically Exempt from CEQA Review Pursuant to Section 15061(b)(3) of the CEQA Guidelines
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RECOMMENDATION
Recommendation
That the City Council adopts a resolution (Attachment II) supporting the proposed amendments to Chapter 9, Article 9 of the Hayward Municipal Code, and introduces an Ordinance (Attachment III) amending the Hayward Municipal Code for the establishment of a Universal Residential Design program for the City of Hayward, and finds the action categorically exempt from CEQA review pursuant to Section 15061(b)(3) of the CEQA Guidelines.
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SUMMARY
As part of the 6th Cycle Housing Element (2023-2031) and in alignment with the implementation strategies outlined in the Hayward 2040 General Plan, the City is committed to developing and implementing Universal Design Guidelines that promote accessibility for individuals of all ages and abilities. To fulfill this commitment, staff has drafted a new Universal Design Ordinance, which would apply to all new single-family, duplex, and townhome developments in the City, consistent with similar approaches adopted by other jurisdictions across California. The proposed Ordinance includes the following provisions:
• All new single-family, duplex, and townhome developments must be designed to accommodate Universal Design features, which can be installed during construction or at a later date, as needed.
• Projects proposing five (5) or more new single-family, duplex, and townhome units must be designed to meet Visitability requirements in at least 50% of the units.
• All new single-family, duplex, and townhome developments receiving City funding assistance must include Universal Design features in at least 50% of the units, with 100% of the units designed to meet Visitability requirements.
• Waivers and exceptions to the Ordinance will be allowed under certain circumstances, including extreme financial hardship, site topography, the conversion or creation of residential units within an existing building, the development of new Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), and the creation of new affordable housing.
Under the California Building Code (CBC), which sets the accessibility requirements for new residential construction, the City is somewhat limited in adopting accessibility standards that exceed CBC provisions. However, the City can strengthen accessibility requirements within the broader context of building design for residential development. As part of the Ordinance adoption, staff is proposing to amend Chapter 9 (Building Regulations) of the Hayward Municipal Code to add Article 9 (Universal Design). This amendment would enable the City to achieve its goal of establishing Universal Design guidelines, while promoting new housing that is inclusive and accessible to all ages and abilities.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Ordinance
Attachment IV Summary of Other Universal Design Ordinances