The change came in April 2026, as the city continues to track two large data-center projects that are already under construction or partly operating. Hayward says no application for a new data center is currently pending.

What the new process requires

Under the amended code, data centers now have their own land-use category. Any future application must receive approval for a Major Conditional Use Permit, rather than proceeding through a less extensive approval path.

The application must also go to a public hearing before the Hayward City Council. That gives the council a formal role in deciding whether a proposed facility can move forward and under what conditions.

Applicants must complete environmental review and submit both a Sustainability Plan and a Community Benefits Plan. The city’s process also includes a 300-foot notice radius for affected properties, providing nearby property owners and occupants with notice of a proposed project.

The requirements are aimed at bringing the potential effects of large facilities into the public review process. The city identifies electricity, water, infrastructure and neighborhood impacts as issues that could be affected by future data-center development.

Two projects are already in the city’s pipeline

The city’s data-center page lists STACK SVY03A as under construction, with an estimated capacity of 76.6 megawatts. Hayward Exchange @ 92 is also under construction and partially operational, with an estimated capacity of 49 megawatts.

Electrical capacity is an estimate of the facilities’ planned or rated scale; it is not the same as a reported measurement of current electricity consumption.

Hayward says the STACK project was approved by the Planning Commission on May 22, 2025, and that no appeal was filed. The city’s current page does not identify a pending application for another new data center.

Why the change matters

Data centers can be large industrial facilities whose development raises questions about utility demand, water use, supporting infrastructure and effects on nearby neighborhoods. Hayward’s new rules do not establish a reported limit on the size of a future facility, but they do require those proposals to undergo a defined public approval process.

The Major Conditional Use Permit and City Council hearing also create points at which project details can be reviewed publicly. Environmental documents, sustainability measures and proposed community benefits will be part of the application requirements for future projects.

For residents near a proposed site, the 300-foot notice radius identifies the area the city uses for direct notice of affected properties. The public hearing requirement provides a separate opportunity for community input before the council acts on an application.

For now, the next step is tied to any future proposal rather than a currently pending application. A new applicant would need to assemble the required plans and environmental review, obtain a Major Conditional Use Permit and appear before the City Council before the project could receive approval through the new process.

The City Attorney’s impartial analysis is due Monday, Aug. 3. The measure remains a proposal and would require voter approval before the proposed tax changes could take effect.

What voters will see

The ballot question asks whether Hayward should update its Business License Tax for the first time since 1978, support general city services and establish a $60 minimum tax with proposed rates ranging from $0.30 to $3.75 per $1,000 of gross receipts, with higher rates for higher-grossing businesses.

The election is scheduled for Tuesday, Nov. 3, 2026. A yes vote would approve the ordinance described in the measure.

How the proposed tax would change

Hayward’s current annual tax structure is based on flat fees by business category, employee counts and limited gross-receipts categories. City records say the current structure was adopted July 11, 1978, and has not been comprehensively amended since then.

The proposed ordinance would move more businesses toward a gross-receipts-based system. The city describes the framework as more progressive, with generally higher rates for higher-grossing, typically larger businesses and lower rates for lower-grossing, typically smaller businesses.

The proposed rate schedule ranges from $0.30 to $3.75 per $1,000 of gross receipts, depending on the business category and revenue bracket, with a $60 minimum tax. The city’s published table also lists estimated average effective rates that differ by category. For example, the table lists average effective rates of $0.60 per $1,000 for retail sales, $0.78 for business and personal services, $1.60 for professional services, $3.77 for commercial rental property and $3.76 for residential rental property in buildings with four or more units.

Those are city estimates, not a claim that every business or industry would pay more. The table projects changes in revenue by category, including retail sales rising from about $694,000 under the current structure to about $1.74 million under the proposal, while hotel and motel revenue rises from about $8,000 to about $9,000. Actual effects would depend on the business category, gross receipts and the ordinance’s detailed schedule. Businesses should review the full ordinance for specific calculations.

Where the money would go

The Business License Tax is a general tax. Revenue would go into Hayward’s General Fund rather than being dedicated to one specific department or project.

City materials list police protection, firefighting, 911 response, library operations, pothole repair, maintenance and graffiti cleanup among the services supported through the General Fund. The city estimates that the modernization would add approximately $12 million annually, but that is a projection rather than a guaranteed annual collection or a promise of funding for a particular service.

How the measure reached the ballot

The City Council voted unanimously June 2 to place the measure before voters. The council’s legislative record says the action established the Nov. 3 election date, approved the ballot question and underlying ordinance, requested consolidation with the statewide general election, directed preparation of the City Attorney’s impartial analysis and established ballot-argument procedures.

Key dates ahead

• Aug. 3: Deadline to file the City Attorney’s impartial analysis with the City Clerk.
• Aug. 7: Deadline to file the ballot question, full text and impartial analysis with the Alameda County Board of Supervisors and Registrar of Voters.
• Aug. 10 at noon: Deadline to file direct arguments with the City Clerk.
• Aug. 14 at noon: Deadline to file rebuttal arguments with the City Clerk.
• Aug. 24: Deadline to submit direct and rebuttal arguments to the Alameda County Registrar of Voters.
• Nov. 3: Hayward voters decide the measure.

As of Aug. 1, the city’s ballot-measures page listed the impartial analysis as “Coming Soon.”

Sources

• City of Hayward ballot-measures notice
• Hayward City Council legislation record, LB 26-011

The election will be Hayward’s first using the district-based City Council system established by the City Council in 2024. The mayor will still be elected citywide, but voters will choose council members by district.

What will be on the ballot

The offices up for election are the mayor and City Council seats for District 1 and District 6. Each position carries a four-year term.

The mayoral race remains an at-large contest, meaning all Hayward voters may vote for mayor. The District 1 and District 6 races are different: candidates must live in the district they seek to represent, and only voters in that district may vote for that council seat.

That distinction matters for residents evaluating council campaigns or deciding which races apply to them. Hayward’s elections page includes a district locator that voters can use to identify their council district.

Key dates for candidates

The regular nomination period began July 13 and closes at 5 p.m. Aug. 7. Candidates must obtain and file the required nomination documents with the Hayward City Clerk. Appointments are required for receiving or filing documents, so prospective candidates should begin the process before the final day.

An Aug. 12 extension is possible, but it is not automatic for every office. If an eligible incumbent does not file by the Aug. 7 deadline, the filing period for that particular office may remain open until 5 p.m. Wednesday, Aug. 12.

The final candidate field should not be assumed before the filing period closes and the City Clerk confirms which candidates qualified.

Campaign-finance deadlines arrive first

People running for office also face campaign-finance reporting requirements before the nomination deadline. The California Fair Political Practices Commission lists July 31 as a Form 460 deadline for applicable candidate-controlled committees.

Not every candidate necessarily files the same form. Depending on campaign activity and committee status, some candidates may qualify to use Form 470 instead. Candidates should confirm which filing applies to their campaign rather than treating the Form 460 deadline as universal.

The FPPC schedule also identifies Aug. 5, 2026, as the start of a 24-hour reporting period for certain contributions. Additional pre-election reporting deadlines are Sept. 24 and Oct. 22.

What voters should watch next

After the filing period ends, Hayward residents should check the City Clerk’s election information for qualifying candidates, any filing extensions, and the official ballot-order process. A randomized drawing is scheduled under the election calendar to determine ballot order.

For voters, the main practical change is that the mayoral race remains citywide while council races are tied to specific districts. Residents considering a District 1 or District 6 campaign should verify their residence and voter eligibility before filing. Everyone else should use the city’s district locator and confirm registration information before assessing the council candidates who will appear on their ballot.

Election Day is Tuesday, Nov. 3, 2026. Until the Aug. 7 deadline passes, the list of candidates and whether any office receives an extension remain subject to change.

Sources

• City of Hayward candidate calendar
• California FPPC 2026 local candidate filing schedule
• Alameda County candidate filing guide