DATE: January 21, 2025
TO: Mayor and City Council
FROM: Development Services Director
SUBJECT
Title
Implementation of the Hayward 2023-2031 Housing Element: Adoption of a Resolution and Introduction of an Ordinance Regarding Implementation of the Hayward 2023-2031 Housing Element; Public Hearing on Proposed Zoning Text Amendments to Hayward Municipal Code Chapter 10 (Planning, Zoning and Subdivisions), Article 1 (Zoning Ordinance), Article 2 (Off-Street Parking Regulations), Article 24 (Mission Boulevard Code) and Article 28 (Downtown Development Code) and Finding that no Further Environmental Review is Required Pursuant to the California Environmental Quality Act (CEQA) (Report from Development Services Director Buizer)
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RECOMMENDATION
Recommendation
That the City Council introduce the attached Ordinance (Attachment III) to approve the proposed Text Amendments to the Hayward Municipal Code Chapter 10, Article 1, 2, 24, and 28 (Planning, Zoning and Subdivisions) associated with the implementation of Hayward 2023-2031 Housing Element Actions, pursuant to the accompanying Resolution (Attachment II) and upon determining that no further environmental review is required pursuant to the California Environmental Quality Act.
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SUMMARY
On February 7, 2023, the City Council adopted the Hayward 2023-2031 Housing Element, which contained goals, policies, programs, and actions to help Hayward meet its housing needs for individuals at all income levels. This project aims to fulfill several Housing Element actions related to supportive housing to remain in compliance with state housing law and to expand housing options for Hayward’s unhoused and other vulnerable populations.
In October 2024, the City Council and Planning Commission held work sessions on this topic and provided feedback on staff’s draft regulations. City Council and Planning Commission were generally supportive of the recommendations but directed staff to explore allowing temporary restroom facilities for Safe Parking and requiring bicycle parking for the proposed uses. They also asked several questions about hotel conversions, the Administrative Use Permit process, public outreach and enforcement. The draft regulations were also available for public review from September 24, 2024, through October 21, 2024. All public comments received during the public comment period and staff responses are available in Attachment V. Based on that feedback, Staff revised the zoning amendments accordingly, which are summarized below:
• Clarify Permitted Use definition to be inclusive of “By-Right” uses.
• Revise Dwelling Unit definition to clarify units are permanent.
• Require one short-term bicycle parking space per every ten sleeping units and one long-term bicycle parking space per every four sleeping units for SROs.
• Revise Safe Parking Definition to clarify it allows individuals to sleep within their vehicles and add a cross-reference to the Vehicle definition.
• Clarify that all safe parking vehicles shall be parked within striped parking spaces.
• Allow temporary bathroom facilities for safe parking operations.
• Revise Emergency Shelter definition to clarify it is for individuals experiencing homelessness.
• Clarify that Emergency Shelters shall be more than 300 feet from one another.
On December 12, 2025, the Planning Commission voted 7-0 to recommend the City Council approve the proposed zoning amendments with modifications to require a Conditional Use Permit for safe parking, create a neighborhood accountability group to explore impacts related to supportive housing development, add a definition for homeless which includes housing insecurity and fix miscellaneous typographical errors. Staff’s recommendation remains that safe parking be permitted with an Administrative Use Permit, rather than a Conditional Use Permit, which is reflected in the zoning amendments (Attachment III). Additionally, creation of a neighborhood accountability group is outside the scope of this project which is related to amendments to the Municipal Code. However, Staff did revise the amendments to add a definition for homeless and fix the miscellaneous typographical errors as recommended by the Planning Commission.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Ordinance
Attachment III, Exhibit A Chapter 10, Article 1 Zoning Amendments
Attachment III, Exhibit B Chapter 10, Article 2 Zoning Amendments
Attachment III, Exhibit C Chapter 10, Article 24 Zoning Amendments
Attachment III, Exhibit D Chapter 10, Article 28 Zoning Amendments
Attachment IV Land Use Maps
Attachment V Response to Public Comments
Attachment VI Letters of Support