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Hayward, CA Zoning Overlays & Bonuses: Density Bonus Law (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing law
Gov. Code Sec. 65915 + HMC Art. 19
Max bonus, standard set-asides
Up to 55%
Max bonus, special targeting
Up to 60%
Child care bonus
5-10 sq ft per sq ft of facility
Affordability term
55 years minimum
Local extra incentive
1 more than state law requires

Summary

Hayward's Density Bonus Ordinance, City Code Article 19, lets residential developers exceed state density bonus minimums. Section 10-19.105(b) invokes the city's Charter authority and Government Code Section 65915(n) to grant bigger bonuses than state law requires, reaching 55 percent added density for standard affordable set-asides and 60 percent for specially targeted housing.

This Article is enacted pursuant to the City's authority contained in Article II of the City Charter, and Government Code Section 65915(n), which authorizes a city to enact an ordinance that provides for a greater density bonus than what is granted under state law. ... The City shall grant a density bonus and incentives, or concessions described in Section 10-19.190, when an Applicant for a Residential Development Project seeks and agrees to construct a residential development that qualifies under State Density Bonus Law as shown in the table below.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 28 Update 1 | Charter: Supplement 1).

Full Breakdown

). 130's table sets Hayward's own density bonus ceiling above the state schedule: a project restricting 15 percent of units to very-low-income households, 23 percent low-income, or 44 percent moderate-income can reach up to 55 percent added density under the city ordinance, rising to 60 percent for projects with special targeting, more than 20 percent large-family or Universal Design units, senior housing, college student housing, or units for foster youth, disabled veterans, or homeless individuals. Projects serving foster youth, disabled veterans, or unhoused individuals can reach a 30 percent bonus with 10 percent of units restricted to very-low income, and college-student housing projects can reach 45 percent with 20 percent of beds set aside for low-income students.

150 adds a separate floor-area bonus for on-site child care facilities: five square feet of bonus floor area per square foot of child care space in an existing structure, or ten square feet per square foot in new construction. 170 lets a commercial developer earn a negotiated commercial development bonus, such as extra floor area ratio or height, by partnering with a housing developer to fund off-site affordable units within a half mile of a major transit stop. 200's table grants additional zoning incentives or concessions, scaled to how many affordable units a project provides, with one extra concession available under the city ordinance beyond what state law requires.

Violations & Fines

There is no application fee dispute mechanism at issue here; instead, affordability compliance is binding. Resale Controls and Rent Restrictions under Section 10-19.110(x) must be recorded against the property and keep density-bonus units affordable to very-low- or low-income households for at least fifty-five years. A developer who fails to build or maintain the affordable units agreed to in the partnered housing agreement or condition of approval is subject to the City's standard code-enforcement remedies, including revocation of the density bonus entitlement.

Frequently Asked Questions

Does Hayward give a bigger density bonus than state law?
Yes. Section 10-19.105(b) uses the city's Charter authority and Government Code Section 65915(n) to grant density bonuses above the state schedule, up to 55 percent for standard affordable projects and 60 percent for specially targeted housing under Section 10-19.130's table.
How long must density-bonus affordable units stay affordable?
Section 10-19.110(x) requires Resale Controls and Rent Restrictions recorded against the property to keep units affordable to very-low- or low-income households for a term of no less than fifty-five years.
Can a commercial project get a density bonus in Hayward?
Not directly, but Section 10-19.170 lets a commercial developer earn a negotiated commercial development bonus, extra floor area or height, by partnering with a housing developer to fund affordable units within a half mile of a major transit stop.

Sources & Official References

Other rules in Hayward

All Hayward rules

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