File #: PH 22-065   
Section: Public Hearing Status: Agenda Ready
Meeting Body: City Council
Agenda Date: 12/6/2022 Final action:
Subject: Density Bonus Ordinance: Introduce an Ordinance Related to Text Amendments to Chapter 10 (Planning, Zoning, and Subdivisions) of the Hayward Municipal Code for the Adoption and Updates to the City's Density Bonus Ordinance and Adopt a Resolution Supporting the Proposed Zoning Text Amendments and Approving an Addendum to the Hayward 2040 General Plan Environmental Impact Report for the Administration of a New Density Bonus Program in the City of Hayward RECOMMENDATION
Attachments: 1. Attachment I Staff Report, 2. Attachment II Resolution, 3. Attachment III Draft Ordinance, 4. Attachment IV CEQA EIR Addendum, 5. Attachment V Recommendations Not Supported By Staff, 6. Attachment VI Stakeholder Interview Comments, 7. Attachment VII Draft Planning Commission Minutes 11/10/22
Related files: WS 22-035, WS 22-033, WS 22-004, WS 22-023, CONS 23-025
DATE: December 6, 2022

TO: Mayor and City Council

FROM: Assistant City Manager/Development Services Director

SUBJECT

Title
Density Bonus Ordinance: Introduce an Ordinance Related to Text Amendments to Chapter 10 (Planning, Zoning, and Subdivisions) of the Hayward Municipal Code for the Adoption and Updates to the City's Density Bonus Ordinance and Adopt a Resolution Supporting the Proposed Zoning Text Amendments and Approving an Addendum to the Hayward 2040 General Plan Environmental Impact Report for the Administration of a New Density Bonus Program in the City of Hayward

RECOMMENDATION

Recommendation
That the Council adopts a resolution?(Attachment II) supporting the proposed Text Amendments to Chapter 10, Article 17 and Article 19, of the Hayward Municipal Code for the adoption and updates to the City's Density Bonus Ordinance, including an Addendum to the Hayward 2040 General Plan (Attachment IV) and introduces an Ordinance for Zoning Text Amendments to Chapter 10, Planning, Zoning and Subdivisions (Attachment III) of the Hayward Municipal Code regulating development seeking a Density Bonus.?

End
SUMMARY

The City's existing Density Bonus Ordinance, adopted in 2005, does not conform with current State law. The current State law, which is required to be implemented by local jurisdictions, offers more density, more incentives, and additional relaxed parking requirements to projects that qualify for the density bonus. While the State's Density Bonus formula takes precedence, the City can change the formula to offer a higher density bonus and more incentives for certain projects, but under no circumstances can the City offer smaller density bonuses or fewer incentives than the State formula mandates. Staff is proposing to update the City's Density Bonus Ordinance to reflect four main changes:

1. Exceed the State's Density Bonus Maximum by 5% for all density bonus projects that provide on-site affordable uni...

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