Assembly Bill 2234

In accordance with Assembly Bill (AB) 2234, the following information is provided for transparency for residential development post-entitlement permits.

“Post-entitlement phase permit” includes all nondiscretionary permits and reviews required by the City after the entitlement process has been completed to begin construction of a development that is intended to be at least two-thirds of the square footage designated for residential use. AB 2234 permits exclude discretionary and ministerial planning permits, entitlements, and other permits and reviews that are covered under Chapter 4.5 (commencing with Section 65920).

A post-entitlement phase permit includes, but is not limited to, all the following:

  • Permits for grading, clearing and excavation.
  • Permits for work in the City’s Public Streets, easements, and Rights of Way.
  • Permits for water and/or sewer service connection.
  • Building permits, and all inter-departmental review required for the issuance of a building permit.
  • Permits for demolition.
  • Provisions of AB 2234 are not applicable to post-entitlement permits required and issued by the California Coastal Commission, a special district, a utility that is not owned and operated by the City of Hayward.

Permits/Applications Submittal:

All applications are accepted and processed on Hayward's e-Permits Portal →

The applicants can see their application(s) review status in the portal. 

For getting to know the permit center and Frequently Asked Questions, please refer to the e-Permits Portal Help Center →

  1. Grading Permit

A Grading Permit will be required for developments, either by the conditions of approval for entitlement or as applicable per the requirements of the Hayward Municipal Code, Chapter 10 Article 8.  

The grading permit applications are accepted on Hayward e-Permits Portal. Learn more about the Grading Permit here.

The grading permit application must be accompanied by the below items:

  • Initial fee deposit of $4,000 per the City of Hayward Master Fee Schedule
  • The actual charges for the grading permit issuance and construction inspection will vary depending on the staff’s actual time and hourly rate schedule. Additional deposit may be required as needed. 
  • Grading and Site Improvement Plans prepared and signed by a State licensed professional and a Geotechnical Engineer addressing the project’s Conditions of Approval as per the City of Hayward Municipal Code Section 10-8.20
  • Engineer’s Estimate for the work associated with the grading permit.
  • Grading permit security per the City of Hayward Municipal Code Section 10-8.22.
  • Liability Insurance as per the City of Hayward Insurance Requirements. 
  1. Encroachment Permit

An Encroachment Permit will be required for the disturbance of the streets and work activities in the City’s Rights of Way, either by the conditions of approval for entitlement or as applicable per the requirements of the Hayward Municipal Code, Chapter 7 Article 2.  

The encroachment permit applications are accepted on Hayward e-Permits Portal. 

The encroachment permit application must be accompanied by the below items:

  • A fee as per the Hayward Master Fee Schedule, section B.5 for Engineering Services Encroachment Permit Application – Minor Work.
  • Work and Traffic Control Plans prepared and signed by a State licensed professional addressing the project’s Conditions of Approval as per the City of Hayward Municipal Code Section 7-2.21
  • Liability Insurance as per the City of Hayward Insurance Requirements.
  1. Water & Sewer Application

Submit a Water & Sewer Service Application in the Hayward e-permits portal and indicate the building permit number(s), if applicable, and types of water and sewer services proposed. Include a copy of approved plans, if applicable. Staff will review the application within five business days. If additional information is needed, staff will reach out to coordinate. After the application is approved, an invoice will be posted within five business days. After payment is received, the service installations will be completed within 6-8 weeks.

  1. Building Permit Application

A Building Permit will be required for the construction of each separate building or structure on a site.  Some projects with multiple buildings can share the same set of plans while having separate permit numbers.  

Building permit applications are accepted on Hayward e-Permits Portal

  • Building Permit Fees consist of plan check fees, inspection fees and administrative fees.  Plan Check fees must be paid to start the plan review process.  Inspection fees and administrative fees must be paid in full prior to the Building Permit being issued.  
  • To see all building permit fees and how they are calculated, see the Development Services section of the current Master Fee Schedule.
  • Plans for buildings with 3 or more dwelling units shall be prepared by an architect or engineer licensed in California.  Plans for all commercial buildings shall be prepared by an architect or engineer licensed in California. 
  • Any drawings submitted to the City for review shall be stamped and signed by the architect or engineer responsible for those sheets.  Since all plans are received digitally as PDFs, signatures can be reproductions.  Design professional stamps shall indicate a current expiration date. 
  • The initial review timeline for new developments is 25 business days.  Re-submittals are reviewed within 10 business days.   
  • The building permit plan check shall be completed within one year from the date of paying the building permit plan review fees and formally starting the review process.  This means the applicant is responsible for ensuring the design team has the requisite skills and responds to correction lists in a timely manner.  Extensions can be granted in some cases with justifiable cause, but applicants must contact the City of Hayward Building Official for approval. 
  • When the plans are approved by all reviewing departments, the plan check process is deemed complete. The applicant will be notified of approval by the City of Hayward Building Division.  The applicant then has 6 months to pay the remaining fees and obtain a building permit.  
  • A building permit can be issued to either the property owner or a California licensed contractor. 
  • Construction can begin when the building permit is issued. 
  • Building permits remain valid indefinitely if construction is progressing.  A legitimate scheduled inspection shall be completed at least once every six months for the building permit to remain active.