Agenda packet — Newark City Council, May 25, 2023 (part 1 of 10)

AGENDA
Thursday, May 25, 2023
7:00 P.M.

A. ROLL CALL
B. PRESENTATIONS

1. Commendation for Stephanie Schubert Newark Teacher of the Year C. PUBLIC COMMENT
The public is invited to address the City Council on any item not listed on the agenda. Public Comments are generally limited to 5 minutes per speaker. Please note that State law prohibits the Council from acting on non-agenda items.

D. CONSENT CALENDAR
Consent Calendar items are considered to be routine and may be approved by one motion.

There will be no separate discussion on these items unless there is a request by a Council Member, a staff member, or a member of the public to remove an item for separate discussion and action.

1. Approval of Audited Demands

2. Approval of May 11, 2023 minutes

3. Waive full reading, conduct second reading by title only, and adoption of an ordinance amending Chapter 15.04, General Provisions, and Chapter 15.44, Green Building and Construction and Waste Debris Recycling, of the Newark Municipal Code to align with State requirements

4. Waive full reading, conduct second reading by title only, and adoption of an ordinance re-adopting Chapter 2.50, “Military Equipment Use Policy”, to the Newark Municipal Code

5. Adopt a resolution approving amendments to the Contractual Services Agreements with Bear Electrical Solutions, Inc. and Cal West Lighting & Signal Maintenance for additional traffic signal and street light maintenance services and amendment of the 2022-2024 Biennial Budget and Capital Improvement Plan

6. Adopt a resolution accepting the subdivision improvements for Tract 8462 – Pomegranate, a 21-unit residential subdivision located at 6179 Robertson Avenue E. PUBLIC HEARINGS

1. Hearing to consider property owners' objections to the 2023 Weed Abatement Program and instruction to the Superintendent of Streets to abate the public nuisances

2. Public Hearing to consider adopting an ordinance establishing a Planned Development Overlay District and adopting a resolution approving a Planned Development Plan, Design Review, a Minor Use Permit, and a Vesting Tentative Map, and adoption of a Mitigated Negative Declaration supported by an Initial Study in accordance with the California Environmental Quality Act for a 118-unit residential development located at 38288-38594 Cedar Boulevard (APNs 92A-2375-002-06, 92A-2375-022-01).

F. OTHER BUSINESS

1. Adopt a resolution authorizing the City Manager to execute a Contractual Services Agreement with RHAA Landscape Architecture & Design for the update of the 2017 Citywide Parks Master Plan and approving an amendment of the 2022-2024 Biennial Budget and Capital Improvement Plan for FY 2023.

2. Adopt a resolution approving an exception to the 180-day wait period for the post-retirement employment of Joella Kapu as an extra-help rehired annuitant Public Safety Dispatcher.

G. CITY COUNCIL MATTERS
City Council Members report on attendance at intergovernmental agency meetings, conferences, and seminars since the last meeting. City Council Members may also announce upcoming events and coordinate attendance; report on local events attended since the last meeting; and make brief comments on issues of concern.

H. CLOSED SESSION

1. Closed Session pursuant to Government Code Section 54957, Public Employee Performance Evaluation, Title: City Manager
I. ADJOURNMENT

MEETING INFORMATION
Members of the public may attend the meeting in person, virtually via Zoom, or watch it via YouTube or Cable Channel 26. If you attend the meeting in person, a face covering is recommended but not required.

How to view the meeting remotely:

Packet Page 2
Livestream online at YouTube: https://www.youtube.com/channel/UC383NGSxaPwZP1lkJbo2T8A Copy/paste the YouTube URL into your browser if the link does not automatically open.

How to participate in the meeting remotely, via Zoom Webinar:

From a PC, Mac, iPad, iPhone or Android device: Zoom Meeting https://us06web.zoom.us/j/83641339485 From a telephone dial 1- 669-900-9128, Webinar ID Number 836 4133 9485 Provide live, remote public comments, when the Mayor calls for comments. Use the raise your hand feature in Zoom to be called upon by the City Clerk.

For frequently asked Zoom questions, please go to Agendas and Minutes and select the Frequently Asked Questions link.

No question shall be asked of a council member, city staff, or an audience member except through the Mayor. No person shall use vulgar, profane, loud or boisterous language that interrupts a meeting. Any person who refuses to carry out instructions given by the Mayor for the purpose of maintaining order may be guilty of an infraction and may result in removal from the meeting.

Council Meeting Access/Materials:

The agenda packet is available for review at Agendas and Minutes. The packet is typically posted to the City website the Friday before the meeting, but no later than 72 hours before the meeting.

Pursuant to Government Code 54957.5, supplemental materials distributed less than 72 hours before this meeting, to a majority of the City Council, will be made available for public inspection at this meeting and will be posted, if time allows, at Agendas and Minutes. Materials prepared by City staff and distributed during the meeting are available for public inspection at the meeting or after the meeting if prepared by some other person. Documents related to closed session items or are exempt from disclosure will not be made available for public inspection. For those persons who require special accommodations, please contact the City Clerk at least two days prior to the meeting at City Clerk or 510-578-4266.

Packet Page 3
Item B. 1.

DATE 05/25/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Commendation for Stephanie Schubert Newark Teacher of the Year The Alameda County Office of Education annually honors a Teacher of the Year from each school district within Alameda County. Stephanie Schubert of Birch Grove Intermediate has been selected Teacher of the Year for the Newark Unified School District. A commendation will be presented to Ms. Schubert at the City Council meeting.

Packet Page 4
Item D. 1.

DATE 05/25/2023
TO Honorable Mayor and City Council Members
FROM Krysten Lee, Finance Director
SUBJECT Approval of Audited Demands
Attachments
Audited Demands
Packet Page 5
Bank Account: AP - ZBA ACCOUNTS PAYABLE
Check 05/04/2023 8336 Accounts Payable HEALTH AND HUMAN RESOURCE

CENTER, INC
247.86
Invoice Date Description Amount
.

E0291237 04/10/2023 EMPLOYEE ASSISTANT PROGRAM (EAP)-MAY 2023 247.86 Check 05/04/2023 8337 Accounts Payable ALPINE AWARDS INC 259.15 Invoice Date Description Amount
.
6102441 05/03/2023 PRESTON LOW SENIOR CENTER VOLUNTEER OF THE YEAR MEMORIAL PLAQUE 259.15 Check 05/04/2023 8338 Accounts Payable APPLIED AIR FILTERS 1,106.66 Invoice Date Description Amount
.
46633 04/11/2023 LIBRARY AIR FILTERS 1,106.66
Check 05/04/2023 8339 Accounts Payable BAILEY FENCE COMPANY INC 961.00 Invoice Date Description Amount
.
86019 04/11/2023 CYLCONE FENCE REPAIR AT MAYHEWS LANDING PARK 961.00 Check 05/04/2023 8340 Accounts Payable BATTERY SYSTEMS 419.64 Invoice Date Description Amount
.
35322304061138 04/13/2023 BATTERIES 419.64
Check 05/04/2023 8341 Accounts Payable BAY CENTRAL PRINTING 128.54 Invoice Date Description Amount
.
195143 04/11/2023 BUSINESS CARD IMPRINTING-VICTOR WANG 64.27 195170 04/12/2023 BUSINESS CARD IMPRINTING-JESSICA LOMELI 64.27 Check 05/04/2023 8342 Accounts Payable BURTON'S FIRE INC 18,065.63 Invoice Date Description Amount
.

W 81000 04/11/2023 FIRE TRUCK ANNUAL SERVICE #E-242 18,065.63 Check 05/04/2023 8343 Accounts Payable ALAMEDA COUNTY INFORMATION

TECHNOLOGY DEPARTMENT
3,407.50
Invoice Date Description Amount
.
112-2303037 04/12/2023 AWS ACCESS FEE MARCH 2023 3,407.50 Check 05/04/2023 8344 Accounts Payable CRIME SCENE CLEANERS INC 750.00 LIVE Newark CA LIVE
Payment Batch Register
Bank Account: AP - ZBA ACCOUNTS PAYABLE
Batch Date: 05/04/2023
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: MICHELLE VILLANUEVA Pages: 1 of 4 5/4/2023 3:42:22 PM Packet Page 6
Invoice Date Description Amount
.
80366 04/14/2023 HAZARDOUS WASTE CLEAN UP 04/14/23 750.00 Check 05/04/2023 8345 Accounts Payable DALE HARDWARE 366.06 Invoice Date Description Amount
.

APR' 23 04/25/2023 DALE SUPPLIES 04/25/2023 366.06
Check 05/04/2023 8346 Accounts Payable EQUIFAX INFORMATION SVCS LLC 50.72 Invoice Date Description Amount
.
2054784952 04/13/2023 CREDIT BUREAU REPORT FEES 50.72
Check 05/04/2023 8347 Accounts Payable FEDEX 33.35
Invoice Date Description Amount
.
8-099-79250 04/13/2023 PACKAGE DELIVERY 33.35
Check 05/04/2023 8348 Accounts Payable FRANK BONETTI PLUMBING INC 840.00 Invoice Date Description Amount
.
45703 04/19/2023 SERVICE DRAINS AT CHILD CARE 4/14/23 840.00 Check 05/04/2023 8349 Accounts Payable GEOCON CONSULTANTS, INC. 135.00 Invoice Date Description Amount
.
223030389 04/11/2023 GEO-TECH CONSULTING SERVICES - HARBOR LIGHT (THROUGH 03/19/23) 135.00 Check 05/04/2023 8350 Accounts Payable CONNECTION - PUBLIC SECTOR

SOLUTIONS
5,207.47
Invoice Date Description Amount
.
74003160 04/14/2023 OPENGEAR NETWORK SCANNER - APA 23-64 5,207.47 Check 05/04/2023 8351 Accounts Payable GRAINGER 108.59
Invoice Date Description Amount
.
9657639515 03/30/2023 FS1 LIGHT BULBS AND BALLAST 108.59 Check 05/04/2023 8352 Accounts Payable LINCOLN AQUATICS 1,008.70 Invoice Date Description Amount
.

D8810445 03/28/2023 LIFE VESTS 1,008.70
Check 05/04/2023 8353 Accounts Payable PACIFIC GAS & ELECTRIC 29,147.18 LIVE Newark CA LIVE
Payment Batch Register
Bank Account: AP - ZBA ACCOUNTS PAYABLE
Batch Date: 05/04/2023
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: MICHELLE VILLANUEVA Pages: 2 of 4 5/4/2023 3:42:22 PM Packet Page 7
Invoice Date Description Amount
.
7786-042123 04/21/2023 ANNUAL ELECTRICITY FOR STREET/TRAFFIC LIGHTS 03/17-04/17/23 29,147.18 Check 05/04/2023 8354 Accounts Payable THE PERMANENTE MEDICAL GROUP, INC.
130.00
Invoice Date Description Amount
.
3209033478510423 04/09/2023 PRE-EMPLOYMENT/ DOT PHYSICALS 130.00 Check 05/04/2023 8355 Accounts Payable PETERSON POWER SYSTEM INC 4,213.14 Invoice Date Description Amount
.

SW240188650 04/06/2023 PD GENERATOR SERVICE 4/6/23 4,213.14 Check 05/04/2023 8356 Accounts Payable WILLE ELECTRIC SUPPLY CO., INC 351.52 Invoice Date Description Amount
.

S2137575.001 04/10/2023 SILLIMAN LIGHT BULBS S4851 351.52 Check 05/04/2023 8357 Accounts Payable SAN MATEO REGIONAL NETWORK INC 20.00 Invoice Date Description Amount
.
24339 04/10/2023 DNS SERVICE PROVIDER - APRIL '23 20.00 Check 05/04/2023 8358 Accounts Payable SEDGWICK 4,900.00 Invoice Date Description Amount
.

BRS-0020372 04/12/2023 REMOTE RISK CONTROL-MARCH 2023 4,900.00 Check 05/04/2023 8359 Accounts Payable T-MOBILE 147.76
Invoice Date Description Amount
.
966241989-042123 04/21/2023 IPHONE SVC 3/21-4/20/23 147.76 Check 05/04/2023 8360 Accounts Payable TIREHUB, LLC 689.23 Invoice Date Description Amount
.
32737755 02/14/2023 TIRES-GY ENDURANCE 689.23
Check 05/04/2023 8361 Accounts Payable ULINE 3,840.42
Invoice Date Description Amount
.
162383691 04/13/2023 TABLES, CHAIRS, AND DOLLIES 3,840.42 AP ZBA ACCOUNTS PAYABLE Totals: Transactions: 26 $76,535.12 LIVE Newark CA LIVE
Payment Batch Register
Bank Account: AP - ZBA ACCOUNTS PAYABLE
Batch Date: 05/04/2023
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: MICHELLE VILLANUEVA Pages: 3 of 4 5/4/2023 3:42:22 PM Packet Page 8
Checks: 26 $76,535.12
LIVE Newark CA LIVE
Payment Batch Register
Bank Account: AP - ZBA ACCOUNTS PAYABLE
Batch Date: 05/04/2023
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: MICHELLE VILLANUEVA Pages: 4 of 4 5/4/2023 3:42:22 PM Packet Page 9
Bank Account: AP - ZBA ACCOUNTS PAYABLE
Check 05/05/2023 8362 Accounts Payable TOYOTA VALLEJO 45,629.50 Invoice Date Description Amount
.
177149 05/05/2023 VEH PURCHASE - TOYOTA CAMRY TRD PROJ 2023-04 45,629.50 AP ZBA ACCOUNTS PAYABLE Totals: Transactions: 1 $45,629.50 Checks: 1 $45,629.50
LIVE Newark CA LIVE
Payment Batch Register
Bank Account: AP - ZBA ACCOUNTS PAYABLE
Batch Date: 05/05/2023
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: MICHELLE VILLANUEVA Pages: 1 of 1 5/5/2023 10:06:33 AM Packet Page 10
Bank Account: AP - ZBA ACCOUNTS PAYABLE
Check 05/11/2023 8363 Accounts Payable ABBE & ASSOCIATES LLC 3,900.00 Invoice Date Description Amount
.

N-18 05/05/2023 RECYCLING/ORGANICS CONSULTANT (THROUGH 03/31/23) 3,900.00 Check 05/11/2023 8364 Accounts Payable ALL CITY MANAGEMENT SERVICES, INC.
3,079.68
Invoice Date Description Amount
.
84973 04/19/2023 SCHOOL CROSSING GUARD SVCS 04/02-04/15/23 3,079.68 Check 05/11/2023 8365 Accounts Payable ALLIED AUTO STORES INC 266.02 Invoice Date Description Amount
.

APR' 23 04/30/2023 FLEET SUPPLIES APRIL 2023 266.02
Check 05/11/2023 8366 Accounts Payable ALPINE AWARDS INC 430.10 Invoice Date Description Amount
.
6102625 04/25/2023 LANDYARDS 430.10
Check 05/11/2023 8367 Accounts Payable BAILEY FENCE COMPANY INC 1,455.00 Invoice Date Description Amount
.
85121 04/19/2023 CYCLONE FENCE REPAIR AT COMMUNITY PARK 1,455.00 Check 05/11/2023 8368 Accounts Payable BAIRD + DRISKELL COMMUNITY

PLANNING
6,910.47
Invoice Date Description Amount
.
1470 04/21/2023 ON CALL PLANNING SERVICES 2/23 - 3/23 6,910.47 Check 05/11/2023 8369 Accounts Payable BATTERY SYSTEMS 266.02 Invoice Date Description Amount
.
28690413231232 04/19/2023 BATTERIES 266.02
Check 05/11/2023 8370 Accounts Payable BAY CENTRAL PRINTING 64.27 Invoice Date Description Amount
.
195275 04/21/2023 FY 22-23 BUSINESS CARDS (ANNE STEDLER) 64.27 Check 05/11/2023 8371 Accounts Payable JEREMY BECK 1,647.85 Invoice Date Description Amount
.

LIVE Newark CA LIVE
Payment Batch Register
Bank Account: AP - ZBA ACCOUNTS PAYABLE
Batch Date: 05/11/2023
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: MICHELLE VILLANUEVA Pages: 1 of 10 5/11/2023 1:49:44 PM Packet Page 11
0404-040723EXP 05/09/2023 CAPE 2023 ANNUAL TRAINING SEMINAR 04/03-04/07/23; JEREMY B 1,647.85 Check 05/11/2023 8372 Accounts Payable BUREAU VERITAS NORTH AMERICA INC.
9,816.79
Invoice Date Description Amount
.

RI 23016746 04/18/2023 BI FIELD INSPECTION AND RELATED PROFESSIONAL SERVICES 46.84 RI 23016745 04/18/2023 BI FIELD INSPECTION AND RELATED PROFESSIONAL SERVICES 32.45 RI 23016744 04/18/2023 BI FIELD INSPECTION AND RELATED PROFESSIONAL SERVICES 2,216.05 RI 23016743 04/18/2023 BI FIELD INSPECTION AND RELATED PROFESSIONAL SERVICES 4,913.91 RI 23016742 04/18/2023 BI FIELD INSPECTION AND RELATED PROFESSIONAL SERVICES 221.05 RI 23016750 04/18/2023 BI FIELD INSPECTION AND RELATED PROFESSIONAL SERVICES 1,049.00 RI 23016749 04/18/2023 BI FIELD INSPECTION AND RELATED PROFESSIONAL SERVICES 217.93 RI 23016748 04/18/2023 BI FIELD INSPECTION AND RELATED PROFESSIONAL SERVICES 1,016.80 RI 23016747 04/18/2023 BI FIELD INSPECTION AND RELATED PROFESSIONAL SERVICES 102.76 Check 05/11/2023 8373 Accounts Payable CARLOS TORRES 2,390.82 Invoice Date Description Amount
.
1031-041423EXP 05/09/2023 MONTEREY ACADEMY REIMBUSEMENT 2,390.82 Check 05/11/2023 8374 Accounts Payable BEACON VETERINARY SPECIALISTS 452.00 Invoice Date Description Amount
.
137994 03/10/2023 VET SVCS 3/9/23 150.00
138228 03/16/2023 VET SVCS 03/14/23 150.00
138602 03/23/2023 VET SVCS 03/26/2023 152.00
Check 05/11/2023 8375 Accounts Payable CENTRAL VALLEY TOXICOLOGY, INC. 370.00 Invoice Date Description Amount
.
327201 04/19/2023 LAB TESTS 04/19/2023 40.00
327196 04/19/2023 LAB TESTS 04/19/2023 40.00
327195 04/19/2023 LAB TESTS 04/19/2023 210.00
326928 04/07/2023 LAB TESTS 04/07/2023 40.00
326926 04/07/2023 LAB TESTS 04/07/2023 40.00
Check 05/11/2023 8376 Accounts Payable CHRISP COMPANY 338.75 Invoice Date Description Amount
.
24448 04/20/2023 CW THERMOPLASTIC STRIPING, PRJ 1222 RETENTION 338.75 LIVE Newark CA LIVE
Payment Batch Register
Bank Account: AP - ZBA ACCOUNTS PAYABLE
Batch Date: 05/11/2023
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: MICHELLE VILLANUEVA Pages: 2 of 10 5/11/2023 1:49:44 PM Packet Page 12
Check 05/11/2023 8377 Accounts Payable CINDY K. HULL & ASSOCIATES -

FORENSIC CONSULTING
350.00
Invoice Date Description Amount
.
140 04/24/2023 LATENT PRINT ANALYSIS MARCH 2023 350.00
Check 05/11/2023 8378 Accounts Payable CPOA 250.00
Invoice Date Description Amount
.
0606-06072-JB 05/10/2023 PUBLIC RECORDS ACT - WATSONVILLE 250.00 Check 05/11/2023 8379 Accounts Payable DAILY JOURNAL CORPORATION 778.75 Invoice Date Description Amount
.

B3698592 05/09/2023 PH NOTICE 22-23 CITY COUNCIL CEDAR/ROBSON HOMES 138.75 B3666393 02/14/2023 LEGAL ADVERTISING - PROJECT 1297 592.50 B3697788 05/09/2023 LEGAL ADVERTISING 47.50
Check 05/11/2023 8380 Accounts Payable LAURA DASILVA 1,497.83 Invoice Date Description Amount
.
0404-040723EXP 05/09/2023 CAPE 2023 1,497.83
Check 05/11/2023 8381 Accounts Payable DMV 23.00
Invoice Date Description Amount
.

DMV50285V1 01/04/2023 APPLICATION FOR REPLACEMENT STICKER 50285V1 23.00 Check 05/11/2023 8382 Accounts Payable DUKE DE LEON 372.00 Invoice Date Description Amount
.
4172 04/30/2023 BROADCAST CC MEETINGS APRIL 2023 372.00 Check 05/11/2023 8383 Accounts Payable ESA 20,113.75
Invoice Date Description Amount
.
180397 12/13/2022 HOUSING ELEMENT UPDATE PREPARATION 9/1/22 TO 11/30/22 20,113.75 Check 05/11/2023 8384 Accounts Payable FEDEX 70.22
Invoice Date Description Amount
.
8-093-59162 04/07/2023 PACKAGE DELIVERY 36.72
8-108-02184 04/21/2023 PACKAGE DELIVERY 33.50
Check 05/11/2023 8385 Accounts Payable FEHR & PEERS 1,995.00 LIVE Newark CA LIVE
Payment Batch Register
Bank Account: AP - ZBA ACCOUNTS PAYABLE
Batch Date: 05/11/2023
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: MICHELLE VILLANUEVA Pages: 3 of 10 5/11/2023 1:49:44 PM Packet Page 13
Invoice Date Description Amount
.
163929 04/13/2023 TRAFFIC PEER REVIEW - CEDAR BLVD TOWNHMS (WAYMARK PROJECT) 1,995.00 Check 05/11/2023 8386 Accounts Payable FRANK BONETTI PLUMBING INC 772.50 Invoice Date Description Amount
.
45822 04/25/2023 COMMUNITY CENTER MAINLINE BACKUP 4/10/23 772.50 Check 05/11/2023 8387 Accounts Payable GAIL M. GOLDMAN ASSOCIATES, LLC 19,700.00 Invoice Date Description Amount
.
#2 04/30/2023 PUBLIC ART CONSULTING SERVICES 19,700.00
Check 05/11/2023 8388 Accounts Payable GIGANTIC IDEA STUDIO, INC. 2,677.50 Invoice Date Description Amount
.

INV-3999 04/20/2023 RECYCLING & WASTE REDUCTION OUTREACH TO RESIDENTS & BUSINESSES 2,677.50 Check 05/11/2023 8389 Accounts Payable BRANDON GORDON 53.86 Invoice Date Description Amount
.
050623EXP 05/06/2023 BOOT REIMBURSEMENT 5/6/23 53.86
Check 05/11/2023 8390 Accounts Payable GOVCONNECTION, INC 1,813.35 Invoice Date Description Amount
.
74021532 04/20/2023 MONITOR WARRANTY 63.00
73998252 04/13/2023 COMPUTER MONITOR 1,750.35
Check 05/11/2023 8391 Accounts Payable GROUP 4 ARCHITECTURE RESEARCH + PLANNING, INC.
52,844.58
Invoice Date Description Amount
.
11671 05/10/2023 PROFESSIONAL SERVICES THROUGH MARCH 31, 2023 52,844.58 Check 05/11/2023 8392 Accounts Payable JESSICA HOLAMEITONGA 1,922.07 Invoice Date Description Amount
.
0306-030823 EXP 04/18/2023 CAL NENA CONFERENCE 2023 REIMBURSEMENT 1,922.07 Check 05/11/2023 8393 Accounts Payable INTEGRATED TACTICAL CONCEPTS, LLC
1,700.00
Invoice Date Description Amount
.
040423 05/10/2023 BASIC SWAT SCHOOL-JOHN KAPU 1,700.00
LIVE Newark CA LIVE
Payment Batch Register
Bank Account: AP - ZBA ACCOUNTS PAYABLE
Batch Date: 05/11/2023
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: MICHELLE VILLANUEVA Pages: 4 of 10 5/11/2023 1:49:44 PM Packet Page 14
Check 05/11/2023 8394 Accounts Payable JOCELYN E. ROLAND 475.00 Invoice Date Description Amount
.
21614 05/05/2023 PRE-EMPLOYMENT PSYCHOLOGICAL SCREENING 475.00 Check 05/11/2023 8395 Accounts Payable JOHN KAPU 1,156.54 Invoice Date Description Amount
.
0206-020923EXP 05/09/2023 FIREARMS INSTRUCTOR COURSE - CLOVIS 1,156.54 Check 05/11/2023 8396 Accounts Payable KIM TURNER 375.00 Invoice Date Description Amount
.
2786 03/29/2023 ADVANCED TRAINING COURSE-MARISA H 375.00 Check 05/11/2023 8397 Accounts Payable NAPA AUTO PARTS 3,734.15 Invoice Date Description Amount
.

MAR' 23 03/31/2023 NAPA-FLEET AND STREETS SUPPLIES 2,507.48 APR' 23 04/30/2023 NAPA-FLEET SUPPLIES APRIL 2023 1,226.67 Check 05/11/2023 8398 Accounts Payable KNORR SYSTEMS INTERNATIONAL 2,348.65 Invoice Date Description Amount
.
198356 04/19/2023 SILLIMAN LAZY RIVER REPAIR 4/19/23 2,348.65 Check 05/11/2023 8399 Accounts Payable KARL KREUTZER 114.89 Invoice Date Description Amount
.
050823EXP 05/10/2023 EXPENSE REIMBURSEMENT 114.89
Check 05/11/2023 8400 Accounts Payable KAMINI KUMAR 211.20 Invoice Date Description Amount
.
0501-050223EXP 05/10/2023 GRANT MANAGEMENT USA-KAMINI 05/01-05/02/23 211.20 Check 05/11/2023 8401 Accounts Payable LENCO ARMORED VEHICLES 662.68 Invoice Date Description Amount
.
19884 04/18/2023 BEAR CAT PARTS-SEAL, SPRING AND GO LIGHT 662.68 Check 05/11/2023 8402 Accounts Payable GOVERNMENT TECHNOLOGY GROUP, LLC
22,499.00
Invoice Date Description Amount
.
129 04/17/2023 BROADBAND MASTER PLAN 22,499.00
LIVE Newark CA LIVE
Payment Batch Register
Bank Account: AP - ZBA ACCOUNTS PAYABLE
Batch Date: 05/11/2023
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: MICHELLE VILLANUEVA Pages: 5 of 10 5/11/2023 1:49:44 PM Packet Page 15
Check 05/11/2023 8403 Accounts Payable LINCOLN AQUATICS 238.26 Invoice Date Description Amount
.

D8811568 04/07/2023 POOL INFLATABLES 238.26
Check 05/11/2023 8404 Accounts Payable OSCAR LOPEZ 700.00 Invoice Date Description Amount
.
100 05/01/2023 CHURROS 700.00
Check 05/11/2023 8405 Accounts Payable MAKAI SOLUTIONS 520.00 Invoice Date Description Amount
.
2641 04/18/2023 LIFT INSPECTION 4/17/23 520.00
Check 05/11/2023 8406 Accounts Payable MANUEL FERNANDEZ CONSTRUCTION 4,921.24 Invoice Date Description Amount
.
2020197 04/20/2023 SILLIMAN WATERSLIDE INSPECTION 1,430.00 2020198 04/20/2023 SILLIMAN PAINTING 04/20-04/28 3,491.24 Check 05/11/2023 8407 Accounts Payable MEYERS NAVE, A PROFESSIONAL

CORPORATION
46,981.16
Invoice Date Description Amount
.
204356 04/27/2023 LEGAL SERVICES RENDERED THROUGH MARCH 31, 2023 364.96 204362 04/27/2023 LEGAL SERVICES RENDERED THROUGH MARCH 31, 2023 65.40 204364 04/27/2023 LEGAL SERVICES RENDERED THROUGH MARCH 31, 2023 12,407.10 204365 04/27/2023 LEGAL SERVICES RENDERED THROUGH MARCH 31, 2023 752.10 204366 04/27/2023 LEGAL SERVICES RENDERED THROUGH MARCH 31, 2023 3,328.60 204367 04/27/2023 LEGAL SERVICES RENDERED THROUGH MARCH 31, 2023 2,599.20 204371 04/27/2023 LEGAL SERVICES RENDERED THROUGH MARCH 31, 2023 6,128.00 204372 04/27/2023 LEGAL SERVICES RENDERED THROUGH MARCH 31, 2023 8,761.80 202880 02/17/2023 LEGAL SERVICES FOR CEDAR BLVD TOWNHOMES (WAYMARK) 5,778.00 203445 03/27/2023 LEGAL SERVICES FOR CEDAR BLVD TOWNHOMES (WAYMARK) 6,695.00 204361 04/27/2023 LEGAL SERVICES - CARGILL FRANCHISE AGREEMENT - 03/31/23 101.00 Check 05/11/2023 8408 Accounts Payable MISSION LINEN SUPPLY - UNIFORM 2,234.06 Invoice Date Description Amount
.

APR' 23 04/30/2023 UNIFORM/MATS APRIL 2023 2,234.06
Check 05/11/2023 8409 Accounts Payable PACIFIC GAS & ELECTRIC 337.00 LIVE Newark CA LIVE
Payment Batch Register
Bank Account: AP - ZBA ACCOUNTS PAYABLE
Batch Date: 05/11/2023
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: MICHELLE VILLANUEVA Pages: 6 of 10 5/11/2023 1:49:44 PM Packet Page 16
Invoice Date Description Amount
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9045-050323 05/03/2023 ANNUAL ELECTRICITY FOR STREET/TRAFFIC LIGHTS 03/28-04/26/23 222.06 2305-050323 05/03/2023 ANNUAL ELECTRICITY FOR STREET/TRAFFIC LIGHTS 03/28-04/26/23 114.94 Check 05/11/2023 8410 Accounts Payable PENNY AND ASSOCIATES LEGAL

CORPORATION
550.00
Invoice Date Description Amount
.
022823 05/04/2023 CIVIL SUBPOENA REFUND 275.00
022823-CERVANTES 05/04/2023 CIVIL SUBPOENA REFUND 275.00 Check 05/11/2023 8411 Accounts Payable PERFORMANCE PEST MANAGEMENT 465.00 Invoice Date Description Amount
.
67797 03/28/2023 PEST SERVICES - FIRE STATION #3 102701 3/28/23 260.00 67796 03/28/2023 PEST SERVICES - FIRE STATION #1 102699 3/28/23 205.00 Check 05/11/2023 8412 Accounts Payable PHOENIX GROUP INFORMATION

SYSTEMS
260.00
Invoice Date Description Amount
.
032023101 04/20/2023 PARKING CITATION PROGRAM MARCH 2023 260.00 Check 05/11/2023 8413 Accounts Payable PLAN JPA 10,430.00 Invoice Date Description Amount
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PLAN-2023-0190 04/21/2023 GENERAL LIABILITY PREMIUM FY22-23-MARCH 2023 10,430.00 Check 05/11/2023 8414 Accounts Payable RELIABLE TRANSLATIONS INC. 4,905.16 Invoice Date Description Amount
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24435 04/04/2023 TRANSLATION & INTERPRETATION SERVICES FOR BUSINESS OUTREACH 1,053.01 24513 04/11/2023 TRANSLATION & INTERPRETATION SERVICES FOR BUSINESS OUTREACH 755.51 24577 04/17/2023 TRANSLATION & INTERPRETATION SERVICES FOR BUSINESS OUTREACH 951.26 24434 04/04/2023 INTERPRETATION/TRANSLATION SVCS - ECON. DEV/ARPA 684.68 24512 04/11/2023 INTERPRETATION/TRANSLATION SVCS - ECON. DEV/ARPA 495.68 24557 04/14/2023 INTERPRETATION/TRANSLATION SVCS - ECON. DEV/ARPA 162.00 24576 04/17/2023 INTERPRETATION/TRANSLATION SVCS - ECON. DEV/ARPA 334.34 24590 04/18/2023 INTERPRETATION/TRANSLATION SVCS - ECON. DEV/ARPA 468.68 Check 05/11/2023 8415 Accounts Payable S&L BREWER ENTERPRISES, INC. 1,000.00 Invoice Date Description Amount
.

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2023NEW01 01/25/2023 K9 TRAINING JANUARY 2023 500.00
2023NEW02 03/01/2023 K9 TRAINING FEB 2023 500.00
Check 05/11/2023 8416 Accounts Payable SAITECH INC 4,200.00 Invoice Date Description Amount
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52557 04/24/2023 CISCO SMART NET TOTAL CARE SOFWARE 4,200.00 Check 05/11/2023 8417 Accounts Payable SAVAGE TRAINING GROUP LLC 304.00 Invoice Date Description Amount
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STG-7215 05/10/2023 USE OF FORCE SEMINAR - LIVERMORE-BRIAN S 304.00 Check 05/11/2023 8418 Accounts Payable SILVER & WRIGHT LLP 642.50 Invoice Date Description Amount
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31352 04/14/2023 LEGAL SERVICES THROUGH APRIL 2023 642.50 Check 05/11/2023 8419 Accounts Payable SIMON & COMPANY INC 1,720.00 Invoice Date Description Amount
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04-2023 04/25/2023 LEGISLATIVE SERVICES 1,720.00
Check 05/11/2023 8420 Accounts Payable STANTEC CONSULTING SERVICES INC 34,277.00 Invoice Date Description Amount
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2044839 02/22/2023 EIR CONSULTING FOR MOWRY VILLAGE PROJECT - 1ST AMEND 23,297.00 2056208 03/17/2023 EIR CONSULTING FOR MOWRY VILLAGE PROJECT - 1ST AMEND 10,980.00 Check 05/11/2023 8421 Accounts Payable SYMBOL ARTS LLC 6,009.50 Invoice Date Description Amount
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0461231 04/20/2023 CHALLENGE COINS -NPD AND CHIEFS COIN 6,009.50 Check 05/11/2023 8422 Accounts Payable TARYN STEVENSON 2,904.03 Invoice Date Description Amount
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1031-041423EXP 05/09/2023 MONTEREY ACADEMY REIMBUSEMENT 2,904.03 Check 05/11/2023 8423 Accounts Payable TEMPERATURE TECHNOLOGY INC. 580.00 Invoice Date Description Amount
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I2447 04/25/2023 CITY HALL HVAC SERVICE 4/25/23 580.00
Check 05/11/2023 8424 Accounts Payable THE ECOHERO SHOW LLC 600.00 LIVE Newark CA LIVE
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Bank Account: AP - ZBA ACCOUNTS PAYABLE
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Transaction
Amount
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Invoice Date Description Amount
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2287 04/30/2023 RECYCLING AND WASTE REDUCTION OUTREACH TO SCHOOLS 04/20-04/28/23 600.00 Check 05/11/2023 8425 Accounts Payable TURF STAR, INC. 535.91 Invoice Date Description Amount
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7274827-00 04/20/2023 FLEET SUPPLIES-BLADES 535.91
Check 05/11/2023 8426 Accounts Payable UNITED STATES POSTMASTER 290.00 Invoice Date Description Amount
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2023 BULK FEE 04/20/2023 BULK MAILING PERMIT 2023 290.00 Check 05/11/2023 8427 Accounts Payable U.S. BANK ST. PAUL 3,361,979.36 Invoice Date Description Amount
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2267583 04/05/2023 2019 COP DEBT SERVICE 3,361,979.36
Check 05/11/2023 8428 Accounts Payable VERIZON WIRELESS 4,631.65 Invoice Date Description Amount
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9932048052 04/09/2023 CELL SVC FOR MDC'S 03/10-04/09/23 &4/10-05/09/23 1,038.34 9932792917 04/18/2023 IPHONE SVC 3/19-04/18/23 3,593.31 Check 05/11/2023 8429 Accounts Payable ORION SECURITY 2,599.20 Invoice Date Description Amount
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121499 04/29/2023 UNARMED, UNIFORMED SECURITY OFFICER 4/24/23 - 4/27/23 1,155.20 121560 05/06/2023 UNARMED, UNIFORMED SECURITY OFFICER 5/1/23 - 5/5/23 1,444.00 Check 05/11/2023 8430 Accounts Payable MARIO'S BAY FRAMES 1,412.74 Invoice Date Description Amount
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137 04/24/2023 PRINT AND FRAME CITY COUNCIL IMAGES 1,412.74 Check 05/11/2023 8431 Accounts Payable ARCIAGA-PAAT , CAROL 500.00 Invoice Date Description Amount
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675981 05/09/2023 REFUND FOR COMM CTR RENTAL DEPOSIT 500.00 EFT 05/11/2023 572 Accounts Payable SPECTRUM SMALL BUSINESS

SERVICES, LLC
325084426 / 5348560846 6,475.05
Invoice Date Description Amount
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04112023AGENERAL 04/11/2023 CONSULTING & REFERRAL TO BUSINESS SUPPORT AGENCIES-5TH AMEND 4,308.00 LIVE Newark CA LIVE
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Bank Account: AP - ZBA ACCOUNTS PAYABLE
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04112023CGENERAL 04/11/2023 CONSULTING & REFERRAL TO BUSINESS SUPPORT AGENCIES-5TH AMEND 1,450.63 04112023D-ARPA 04/11/2023 CONSULTING & REFERRAL TO BUSINESS SUPPORT AGENCIES-ARPA RELATED 357.50 04112023BGENERAL 04/11/2023 CONSULTING & REFERRAL TO BUSINESS SUPPORT AGENCIES-5TH AMEND 358.92 AP ZBA ACCOUNTS PAYABLE Totals: Transactions: 70 $3,673,102.11 Checks: 69 $3,666,627.06
EFTs: 1 $6,475.05
LIVE Newark CA LIVE
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Bank Account: AP - ZBA ACCOUNTS PAYABLE
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Item D. 2.

DATE 05/25/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Approval of May 11, 2023 minutes
Attachments
Minutes
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City of Newark | Newark City Council
Mayor Michael K. Hannon | Vice Mayor Maria “Sucy” Collazo | Council Members: Luis L. Freitas, Mike Bucci, and Matthew Jorgens

Minutes
Thursday, May 11, 2023

A. ROLL CALL
Mayor Hannon called the meeting to order at 7:08 p.m. Council Members Bucci, Freitas, and Jorgens were present. Vice Mayor Collazo was noted absent.

B. PRESENTATIONS

1. Introduction of employees
Mayor Hannon introduced Police Officer Torres and Crime Analyst Wong.

2. Proclamation designating May 14-20, 2023, as Police Week Mayor Hannon presented the proclamation to Police Chief Anderson.

3. Proclamation designating May 21-27 2023, as Public Works Week Mayor Hannon presented the proclamation to Public Works Director Fajeau.

Public Works Director Fajeau invited everyone to attend Big Truck Day on Wednesday, June 7, 2023 at the Silliman Center from 1 to 2 pm. Trucks and equipment will be on display.

4. Proclaiming May 2023 as Building Safety Month
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Page No. 2
City of Newark City Council Minutes May 11, 2023
Mayor Hannon presented the proclamation to Chief Building Official Farrell and Building Division staff.

5. Proclamation designating May 21 to 27, 2023, as Emergency Medical Services Week
Mayor Hannon presented the proclamation to Alameda County Fire Department Division Chief Luepke.

C. PUBLIC COMMENT
Diann Castleberry, AC Transit External Affairs Representative, encouraged the public to take the AC Transit Realign survey to provide feedback on the AC Transit bus system. The survey is available at actransit.org/realign.

Mayor Hannon requested that staff place a link to the survey on the city website.

D. CONSENT CALENDAR
Council Member Bucci moved, Council Member Jorgens seconded, to approve Consent Calendar Items D.1 through D.7, that the resolutions and ordinance be numbered consecutively, and that reading of the titles suffice for adoption. The motion passed, 4 AYES, 1 ABSENT.

1. Approval of Audited Demands

2. Approval of April 27, 2023 minutes

3. Approval of the plans and specifications and adopt a resolution accepting the bid and awarding the contract for the Total Bid to Sposeto Engineering Inc. for Safe Routes to Schools Improvements, Project 1280; Exempt from CEQA review per CEQA Guidelines Section 15301
Resolution No. 11500
Contract No. 23025
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Page No. 3
City of Newark City Council Minutes May 11, 2023

4. Approval of the plans and specifications and adopt a resolution accepting the bid and awarding the contract for the Base Bid and Additive Alternate Bids No. 1, No. 2, No. 3, and No. 4 to G. Bortolotto & Co., Inc. for FY 2022-2023 Asphalt Concrete Street Overlay Program, Project No. 1300 and amending the 20222024 Biennial Budget; Exempt from CEQA review per CEQA Guidelines Section 15301
Resolution No. 11501
Contract No. 23026

5. Adopt a resolution approving an amendment to the Contractual Services Agreement with Bureau Veritas North America Inc. for additional Building Inspection Division Plan Review and Miscellaneous Support Services Resolution No. 11502
Contract No. 20058

6. Adopt a resolution approving a contractual service agreement with Mike Yorks Investigations and amending the 2022-2024 Biennial Budget Resolution No. 11503
Contract No. 23027

7. Introduction of an ordinance amending Chapter 15.04, General Provisions, and Chapter 15.44, Green Building and Construction and Waste Debris Recycling, of the Newark Municipal Code to align with State requirements.

Ordinance Introduced
E. PUBLIC HEARINGS

1. Canceled Public Hearing to consider approval of P2021-002, including an Ordinance establishing a Planned Development Overlay District, entitlements for Design Review, a Minor Use Permit, and a Vesting Tentative Map, and adoption of a Mitigated Negative Declaration supported by an Initial Study in accordance with the California Environmental Quality Act for a 118-unit residential development located at 38288-38594 Cedar Boulevard Mayor Hannon announced that the public hearing had been canceled and would be rescheduled for May 25, 2023.

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Page No. 4
City of Newark City Council Minutes May 11, 2023

2. Public Hearing and Introduce an Ordinance Approving and Re-Adopting a Military Equipment Use Policy as Stated in Chapter 2.50, “Military Equipment Use Policy” of the Newark Municipal Code in Compliance with Assembly Bill 481
Ordinance Introduced
Captain Macias gave the presentation (on file with City Clerk) recommending approval.

Mayor Hannon opened the public hearing at 7:40 p.m.

No one from the public requested to speak.

Mayor Hannon closed the public hearing at 7:41 p.m.

Mayor Hannon requested that the Police Department include a notification of the next Military Equipment Community Engagement Meeting in the Newark News.

Council Member Freitas moved, Council Member Bucci seconded to introduce an ordinance approving and Re-Adopting a Military Equipment Use Policy as stated in Chapter 2.50, “Military Equipment Use Policy” of the Newark Municipal Code in compliance with Assembly Bill 481. The motion passed, 4 AYES, 1 ABSENT.

F. OTHER BUSINESS

1. Presentation by Police Chief Gina Anderson on crime statistics in the City of Newark
Police Chief Anderson and Captain Macias presented the report on policing activities in the City for the 2022 calendar year (on file with City Clerk).

Mayor Hannon expressed his concern with the District Attorney’s failure to prosecute crimes and its impact on the community.

This item was informational only.

G. CITY COUNCIL MATTERS
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Page No. 5
City of Newark City Council Minutes May 11, 2023
Council Member Jorgens stated he attended the Optimist Club Police Officer of the year event and congratulated Newark Police Officer Alexandria Riddles for being named Police of the Year.

Council Member Freitas wished everyone a Happy Mother’s Day.

Council Member Bucci welcomed new employees Police Officer Torres and Crime Analyst Wong. He invited everyone to attend the Alameda County Firefighters pancake breakfast fundraiser at the Newark Junior High School this weekend. He wished everyone a Happy Mother’s Day.

Mayor Hannon wished Vice Mayor Collazo a speedy recovery and stated she is asset to the community. Shop Newark.

H. CLOSED SESSION
I. ADJOURNMENT
At 8:38 p.m. Mayor Hannon adjourned the meeting.

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Item D. 3.

DATE 05/25/2023
TO Honorable Mayor and City Council Members
FROM Matthew Farrell, Chief Building Official
SUBJECT Waive full reading, conduct second reading by title only, and adoption of an ordinance amending Chapter 15.04, General Provisions, and Chapter 15.44, Green Building and Construction and Waste Debris Recycling, of the Newark Municipal Code to align with State requirements
SUMMARY AND RECOMMENDATION
As indicated during the May 11, 2023, City Council meeting for the first reading and introduction of this item, Newark Municipal Code Chapters 15.04 and 15.44 require updating to align with new State requirements. The proposed ordinance would amend the Newark Municipal Code to align with the State requirements as well as allow for an additional enforcement method under SB 1383.

Staff recommends that the City Council waive full reading and, by title only, conduct a second reading and adopt an ordinance amending chapters 15.04 General Provisions and 15.44 Green Building and Construction and Waste Debris Recycling of the Newark Municipal Code.

BACKGROUND
Several recent State law updates have resulted in a need for the City to update the current Newark Municipal Code (NMC) Chapters 15.04 and 15.44. This recent legislation includes, but is not limited to, AB 1124 (2021), SB 1383 (2020), AB 2913 (2018), and others, which impacted and required cities to change certain processes related to building standards and the means and method of enforcing the local process for handling permitted projects. The proposed ordinance would align the requirements that the State has imposed. The SB 1383 recycling initiative has brought more requirements on the City and the proposed plan will help to enforce these requirements. Most cities have brought forward similar processes of deposits based on weight or volume of materials for an enforcement method. The proposed ordinance would be expanded to provide options on ways to be compliant without causing an undue burden to property owners and contractors.

The first reading of this ordinance was conducted at the May 11, 2023 City Council meeting.

DISCUSSION/ANALYSIS
Currently, NMC Chapter 15.04, General Provisions, contains language that had been Packet Page 27
Currently, NMC Chapter 15.04, General Provisions, contains language that had been based on how building codes should be enforced and also outlined processes for staff to follow. Many of these chapters are now found in the code language itself, such as in the Administrative Code recently adopted by the City Council. Therefore, some duplicated language such as sections 15.04.210, 230, and 240 are proposed to be removed from the updated chapter. The other changes proposed are to clarify the process on how to enforce the standards and align with current State requirements.

NMC Chapter 15.44, Green Building and Construction and Waste Debris Recycling, requires amendments largely due to Senate Bill 1383 and to address certain development projects that were not meeting code-required diversion measures due to a lack of established enforcement standards on the projects. Staff reviewed many options including the use of fines, deposits, and the withholding of occupancies as tools to gain compliance. From staff's perspective, the best approach is a deposit program that can ensure compliance of the minimum requirements without resulting in an adverse impact on the project. The option of utilizing fines at the end of the project would be challenging to capture and may require a lien process, thus expending additional staff resources.

FISCAL IMPACT
There is no direct fiscal impact due to adoption of the proposed ordinance.

REVIEW AND APPROVAL
Prepared by - Matthew Farrell, Chief Building Official
Reviewed by - Soren Fajeau, Public Works Director
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Ordinance 1504 1544
Exhibit A
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ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWARK AMENDING CHAPTER 15.04, GENERAL PROVISIONS, AND AMENDING CHAPTER 15.44, GREEN BUILDING AND CONSTRUCTION AND DEMOLITION

DEBRIS RECYCLING OF THE NEWARK MUNICIPAL CODE TO MAKE

ADMINISTRATIVE REVISIONS AND REVISIONS REGARDING CONSTRUCTION

AND DEMOLITION WASTE DIVERSION REQUIREMENTS
WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and
WHEREAS, the State Department of Resources, Recycling and Recovery estimates that construction and demolition debris account for between 21.7 to 25.5 percent of the disposed waste stream; and
WHEREAS, diverting construction and demolition debris from landfills has played a major role in the City’s process to achieve and maintain the State-mandated waste diversion goals; and
WHEREAS, Title 15 of the Newark Municipal Code includes the adoption of the current California Building Code and the California Green Buildings Standards Code; and WHEREAS, the City requires revisions to the General Provisions requires revisions to reflect appropriate practices; and
WHEREAS, the General Provisions and Green Building and Construction and Demolition Debris Recycling Construction and Demolition Waste Diversion standards in Chapters 15.04 and 15.44 of the Newark Municipal Code require updates; and WHEREAS, the City is not able to effectively implement the California Green Buildings Standards Code regarding construction and demolition debris diversion requirements, and amendments to the City’s Municipal Code are now necessary to ensure diversion requirements can be enforced.

THE CITY COUNCIL OF THE CITY OF NEWARK DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals.

The above recitals are true and correct and made a part of this Ordinance.

SECTION 2. Amendments.

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The City Council hereby approves the amendments to the Municipal Code, more specifically, amending Chapter 15.04 and Chapter 15.44, as shown with revisions in redline in attached Exhibit A, which is incorporated herein by reference and available for review in the City Clerk’s office during normal business hour
SECTION 3. Severability
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of Newark hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

SECTION 4. CEQA.

Approval of the ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions that do not authorize any new activity, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.

SECTION 5. Publication and effective date.

Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Newark, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.

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Item D. 4.

DATE 05/25/2023
TO Honorable Mayor and City Council Members
FROM Jolie Macias, Captain
SUBJECT Waive full reading, conduct second reading by title only, and adoption of an ordinance re-adopting Chapter 2.50, “Military Equipment Use Policy”, to the Newark Municipal Code California Assembly Bill 481 requires that Newark Police Department seek City Council approval by ordinance prior to funding, acquiring, or using equipment defined by the law as “military equipment” and approve the Military Equipment Use Policy. At its May 11, 2023, meeting, the City Council introduced an ordinance approving and re-adopting a military equipment use policy as stated in Chapter 2.50, “Military Equipment Use Policy” of the Newark Municipal Code in compliance with Assembly Bill 481. A second reading of the ordinance is required.

Attachments
Ordinance
Policy
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWARK

APPROVING AND RE-ADOPTING A MILITARY EQUIPMENT USE POLICY AS STATED IN CHAPTER 2.50 “MILITARY EQUIPMENT USE POLICY” TO TITLE 2. “ADMINISTRATION AND PERSONNEL” OF THE NEWARK MUNICIPAL CODE IN COMPLIANCE WITH ASSEMBLY BILL 481
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 relating to the use of military equipment by California law enforcement agencies; and WHEREAS, Assembly Bill 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used by law enforcement agencies; and
WHEREAS, Assembly Bill 481, codified at California Government Code section 7070, et. seq., requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term “military equipment” is defined in California Government Code section 7070 subdivision (c); and
WHEREAS, the Newark Police Department is in possession of certain items of equipment that may qualify as “military equipment” under Assembly Bill 481; and WHEREAS, Assembly Bill 481 requires that a law enforcement agency possessing and using such qualifying equipment prepare a publicly released, written, military equipment use policy.

The policy must be a document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department’s use of such equipment; and
WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the military equipment use policy for continued or future funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations specified in Government Code Section 7071 subdivision (d); and
WHEREAS, on June 9, 2022, the City Council adopted Ordinance No. 536 approving and adopting a military equipment use policy identified as Newark Police Department Policy 709, having received the information required under Assembly Bill 481 regarding the Newark Police Department’s use of military equipment as defined in said law and upon a finding of the specified determinations required under Government Code section 7071(d); and WHEREAS, Government Code section 7072 provides that a law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use; and
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WHEREAS, the law enforcement agency shall also make each annual military equipment report publicly available on its internet website for as long as the military equipment is available for use; and
WHEREAS, the annual military report shall include the following information for the immediately preceding calendar year for each type of military equipment:
a. A summary of how the military equipment was used and the purpose of its use; b. A summary of any complaints or concerns received concerning the military equipment;
c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response; d. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report;
e. The quantity possessed for each type of military equipment; f. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment; and WHEREAS, Government Code section 7071(d) provides the governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the following standards for approval:
a. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; b. The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties;
c. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety;
d. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and
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above, the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance; and
WHEREAS, the governing body shall review any ordinance that it has adopted approving the funding, acquisition, or use of military equipment at least annually and vote on whether to renew the ordinance at a regular meeting held pursuant to open meeting laws; and WHEREAS, the Newark Police Department’s annual military equipment report was posted on the department’s internet website on March 7, 2023 and no more than thirty (30) days prior to the well-publicized public meeting concerning the renewal of the military equipment at issue in compliance with Government Code Section 7072 (b); and
WHEREAS, the Newark Police Department seeks renewal of Policy 709; and WHEREAS, the City Council of the City of Newark, having received the information required under Assembly Bill 481 regarding the Newark Police Department’s renewed use of military equipment as defined in said law, and makes the specified determinations required under Government Code Section 7070, et. seq., deems it to be in the best interest of the City to approve and renew the Newark Police Department’s Military Equipment Funding, Acquisition and Use Policy as set forth in the policy identified as Newark Police Department Policy 709.

THE CITY COUNCIL OF THE CITY OF NEWARK DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals.

The above recitals are true and correct and made a part of this Ordinance.

SECTION 2. Determinations.

Based on the findings above, in addition to information provided to the City Council at the public meeting, the City Council determines as follows:

1. The military equipment identified in the annual military equipment report has complied with the standards for approval as set forth in Government Code section 7071 subdivision (d).

2. The Newark Police Department’s Military Equipment Use Policy is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

3. The Newark Police Department’s Military Equipment Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

4. The military equipment identified in the Newark Police Department’s Military Equipment Use Policy is reasonably cost effective compared to available alternatives that can achieve the same objectives of officer and civilian safety.

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5. Prior military equipment use by the Newark Police Department complied with the Military Equipment Use Policy although it was not yet in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

6. The Newark Police Department’s Military Equipment Use Policy, Policy 709, setting forth the City’s military equipment use policy is approved and renewed.

SECTION 3. Severability.

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each of every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. CEQA.

SECTION 5. Publication and effective date.

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Policy
709
Newark Police Department
Newark PD Policy Manual
Copyright Lexipol, LLC 2023/01/01, All Rights Reserved.

Published with permission by Newark Police Department Military Equipment - 550 Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). This policy applies to all members of the city of Newark Police Department.
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers, excluding police versions of standard consumer vehicles. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached, excluding unarmored all-terrain vehicles (ATVs) and motorized dirt bikes. • Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
• Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.

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Newark Police Department
Newark PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/01/01, All Rights Reserved.

Published with permission by Newark Police Department Military Equipment - 551 • Any other equipment as determined by a governing body or a state agency to require additional oversight.
709.2 POLICY
It is the policy of the Newark Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment.

Items deemed to be "military equipment" by Government Code § 7070 (c) are used as a component of overall best practices for law enforcement agencies throughout the country. These tools have been tested in the field and are used by law enforcement agencies to enhance citizen and officer safety.

The Newark Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use. The Newark Police Department does not participate in the Law Enforcement Support Officer (LESO) 10-33 program. The department does not currently receive or utilize surplus military equipment from the Federal government. It is the policy of the Newark Police Department to acquire and use equipment designed to enhance law enforcement's ability to ensure public safety and welfare. 709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment as defined by Government Code § 7070 (c) in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Newark Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting on the department's website at least thirty (30) days prior to any public hearing concerning the military equipment at issue.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website for as long as the equipment is made for use (Government Code § 7072).

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Newark Police Department
Newark PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/01/01, All Rights Reserved.

Published with permission by Newark Police Department Military Equipment - 552 (g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

See attachment: Military Equipment Inventory.pdf
709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy.

Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with the policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction, or otherwise engage in law enforcement operations within Newark shall comply with their respective military equipment use policies when rendering assistance.

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Newark Police Department
Newark PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/01/01, All Rights Reserved.

Published with permission by Newark Police Department Military Equipment - 553 709.7 USE IN EXIGENT CIRCUMSTANCES
In exigent circumstances and with the approval of the Chief of Police or designee, the department may acquire, borrow and/or use military equipment that is not included in the military equipment inventory section of this policy.

In accordance with this section, if the department borrows, and/or uses military equipment in exigent circumstances, it must take all of the following actions. • Make all efforts to provide written notice of the use to the City Council within fourteen (14) days, but in no event more than 30 days following commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law.
• If it is anticipated that the use will continue beyond the exigent circumstance, submit a proposed amended military equipment policy to the City Council within 90days following the borrowing and / or use, and receive approval for continued use. • Include the equipment in the department's next annual military equipment report. • Department members are required to adhere to the Department's Military Equipment Procedure and all policies and procedures outlined within the Newark Police Department's Policy and Procedures Manual, regardless of jurisdiction. 709.8 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 709.9 COMMUNITY ENGAGEMENT
Within thirty (30) days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

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Attachment Newark PD Policy Manual
Newark PD Policy Manual
Copyright Lexipol, LLC 2023/01/01, All Rights Reserved.

Published with permission by Newark Police Department Military Equipment Inventory.pdf - 775 Military Equipment Inventory.pdf
Military Equipment Inventory.pdf
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1 Qualifying Equipment Owned/Utilized by the Newark Police Department

Equipment Name: Unmanned Aircraft Systems (UAS/Drones) – CA Gov’t Code § 7070 (c)(1) Quantity Owned/Sought: 4 Lifespan: 5 years
Equipment Capabilities:

Remotely piloted aerial vehicle capable of providing live and recorded video images captured from aerial positions, including images enhanced by Forward Looking Infrared (FLIR), thermal and optical zoom lenses.

Manufacture Product Description:

DJI Phantom 4 Pro (quantity 1): The Phantom 4 Pro’s camera shoots 4K/60fps at a bitrate of 100Mbps and stills up to 20-megapixels. The Flight Autonomy system adds dual rear vision sensors and two Time of Flight range imaging cameras for a total of 5 directions of obstacle sensing with a range of up to 30m in all directions. The Lightbridge HD video transmission system offers an extended maximum transmission range of 4.3mi (7km) with the ability to switch between 2.4GHz and 5.8GHz. The aircraft’s Intelligent Flight Battery also have increased capability by 520mAh to enable an extended flight time of 30 minutes.

DJI Mavic 2 Enterprise (quantity 3): The Mavic 2 Enterprise Dual features a 24mm camera with a 1/2.3” 12MP sensor and FLIR thermal imaging sensor. The cameras can capture up to UHD 4K resolution video at 30fps, or thermal imaging images and temperature data. The Mavic 2 Enterprise can achieve speeds of up to

44.7 mph, and the four-call LiPo battery provides up to 31 minutes of flight time. The Mavic 2 Enterprise Dual also supports OcuSync 2.0 video transmission system. Additionally, there are three modular accessories to include a spotlight, speaker, and beacon. The Mavic 2 Enterprise also has omnidirectional obstacle sensing.

Purpose/Authorized Uses:

To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:

1. Major collision investigations and crime scenes.

2. Search for missing persons and rescue events.

3. Natural disaster management.

4. Anytime a UAS would enhance public safety, improve operational safety, incident stabilization or incident mitigation.

5. SWAT, tactical or other public safety, fire services and life preservation missions.

Only assigned personnel who have completed the required department training shall be permitted to operate any UAS during approved missions. Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations.

Fiscal Impacts:

DJI Phantom 4 Pro $1500
DJI Mavic 2 Enterprise $3350 each
Legal/Procedural Rules Governing Use:

The use of a UAV is in accordance with Newark Police Department Policy – 613 – Unmanned Aircraft Systems and FAA Regulation 14 CFR Part 107.

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2 It is the policy of the NPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

Training Required:

Federal Aviation Administration “Part 107 – Remote Pilot License” and POST certified 24-hour Basic UAS Pilot course.

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3 Qualifying Equipment Owned/Utilized by the Newark Police Department

Equipment Name: Robotex Avatar III/ Robotex Avatar II Robot(s)- CA Gov’t Code § 7070 (c)(1) Quantity Owned/Sought:

Owned:
(1) Robotex Avatar III
(1) Robotex Avatar II
(2)
Lifespan: 10 Years
Equipment Capabilities: Robots designed for remote handling of objects, reconnaissance missions, two-way communication, and deliver/ retrieval tasks.

Manufacture Product Description: The Robotex Avatar III/ Robotex Avatar II are rugged, easy-to-use tactical robots that enhance the capabilities of law enforcement and first-responders by allowing them to safely and quickly inspect dangerous situations.

Purpose/Authorized Uses: To remotely gain visual/ audio data, deliver Crisis Negotiation Team phone, open doors, disrupt packages, and clear buildings, or for any other approved law enforcement purpose. Only to be utilized by officers who have been trained in their proper use and deployment.

Fiscal Impacts: $30,000 / unit
Legal/Procedural Rules Governing Use:

The use of a robot is in accordance with Newark Police Department Policy – 408– Special Weapons and Tactics.

It is the policy of the NPD to utilize robots only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

The use of an unmanned, remotely piloted, powered ground vehicle potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to all applicable privacy laws and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Post Hoc authorization is required per Penal Code § 632.

Training Required: Specialized yearly department training via NPD SWAT Personnel.

Other: Robotex Avatar III can be equipped with Avatar Extended Reach Manipulator Arm ($24,000 purchase price). The Avatar III with Avatar Extended Reach Manipulator Arm was obtained through State grant funds.

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4 Qualifying Equipment Owned/Utilized by the Newark Police Department

Equipment Name: Lenco Armored Rescue Vehicle (ARV) -CA Gov’t Code § 7070 (c)(3) Quantity Owned/Sought: 1 Lifespan: ~20 years
Equipment Capabilities:

The vehicle is equipped with emergency lights/sires, rotating roof hatch, electric winches, running boards, back-up camera, battering ram attachment, CS (tear gas) deployment attachment for battering ram, and spot/flood lights. The vehicle is armored with a 0.5 – 1.5” thick steel and ballistic windows rated to stop a

0.50 caliber bullet.

Manufacture Product Description:
2004 Lenco BearCat G1 Armored Rescue Vehicle (ARV) is the standard tactical armored vehicle for special operations units within the US Law Enforcement community. Since the early 2000s, agencies such as LAPD, LASD SEB, NYPD ESU, Boston PD and hundreds of Federal, State and Local Law Enforcement agencies have made the BearCat G1 part of their standard operating procedure. The G1 has excellent on-road driving characteristics and maneuverability in tight urban settings.

Purpose/Authorized Uses:

The Armored Rescue Vehicle (ARV) is primarily used during critical incidents. The ARV may be used by patrol and SWAT personnel for the safe transport of personnel, to conduct high risk rescue and evacuation operations, high risk warrant service operations, dangerous high risk tactical operations, training, community engagement efforts, or any other applications deemed appropriate by the SWAT Commander, Division Commander, or Chief of Police.

Fiscal Impacts:

The cost of the ARV was approximately $160,000. The refurbished 2004 vehicle was purchased by Newark Police Department in May of 2013 from the vendor, Lenco, on a lease agreement, which was budgeted and paid over 8 years out of the police department’s operating budget.

Legal/Procedural Rules Governing Use:

The use of the ARV may be considered a show of force and is governed by Newark Police Department Policy 300 – Use of Force and Policy 408.5.2 - Special Weapons and Tactics – Equipment.

It is the policy of the Department to use the ARV only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

Training Required:

Officers are to be trained in the operation of the ARV prior to use. Training will include basic knowledge of electronic/mechanical functions on the vehicle and a driving exercise. SWAT personnel will receive advanced training and are expected to maintain a higher level of operational knowledge and expertise. Only NPD personnel who have completed training and possess a valid California Driver’s License will be authorized to drive/operate the ARV, unless a delayed deployment of an ARV would result in serious bodily injury or death.

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5 Qualifying Equipment Owned/Utilized by the Newark Police Department

Equipment Name: City of Newark- Mobile Command Vehicle (MCV) CA Gov’t Code § 7070 (c)(5) Quantity Owned/Sought: 1 Lifespan: 25 years
Equipment Capabilities:

The vehicle is capable of being used as a mobile command center, a temporary emergency operations center, for crisis negotiations, and as a dispatch center. The vehicle is capable of transporting personnel and equipment. The vehicle can be separated into two separate work areas by partitions to serve multiple functions simultaneously.

The Mobile Command vehicle serves as a resource management center, rallying point for outside resources, and location for centralized and unified command.

Manufacture Product Description:

LDV Model SS28RC-10CC SO243022. The Newark Police Department Mobile Command Vehicle is an 18’ dry van with a cab-to-axle length of 120”. It is built on a 2019 Ford F-550 Regular Cab 2WD single rear axle gasoline chassis. 19,500-lb with rear spring suspension and hydraulic brakes. It is painted white with police graphics affixed to the sides of the vehicle.

Purpose/Authorized Uses:

To be used for critical incident callouts, as a temporary emergency operations center, as a backup dispatch center, as a crisis negotiation workspace, or for other approved law enforcement purpose. The Mobile Command vehicle serves as a resource management center, rallying point for outside resources, and location for centralized and unified command.

The Mobile Command Vehicle can be used by staff who have been properly trained in the safe handling of the vehicle.

Fiscal Impacts:

Total cost of the Mobile Command Vehicle was $211,000. $135,000 was funded by State Grant and the remainder $76,000 was allocated through a General Fund Budget Amendment from the 2018-2020 Biennial Budget.

Legal/Procedural Rules Governing Use:

It is the policy of the Department to use the MCV only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

Training Required:

Members of the Crisis Negotiations Team and Tactical Dispatchers receive annual training on the internal electrical system.

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6 Qualifying Equipment Owned/Utilized by the Newark Police Department

Equipment Name: Patrol Rifles - Colt AR-15 ; CA Gov’t Code § 7070 (c)(10) Quantity Owned/Sought: 30 Lifespan: 10 years
Equipment Capabilities:

Carbine Rifle is a firearm, capable of accurately stopping an armed subject at various distances to include those that exceed the capabilities of a service pistol. The .223 / 5.56 cartridge is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor being worn by armed subjects.

Manufacture Product Description:

The Carbine Rifle is a lightweight, air-cooled, gas operated, magazine fed, shoulder fired weapon. AR-15 style barrel lengths varying from 10.3 to 16 inches.
x COLT AR-15 Carbine Patrol Rifle: 25
x Rock River Arms AR-15 Carbine Patrol Rifle: 5
Purpose/Authorized Uses: To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.

Fiscal Impacts: $1,050 each
Legal/Procedural Rules Governing Use:

All applicable State, Federal and Local laws governing police use of force. Newark Police Department Policy 300 – Use of Force, Policy 312.3.2 – Firearms – Patrol Rifles, Policy 408.5.2 - Special Weapons and Tactics – Equipment.

Possession of short barreled rifles by police officers is governed by Penal Code § 33220. Possession of assault weapon by police officers in the discharge of their duties is governed by Penal Code § 30625.

Training Required:

Officers must successfully complete a CA POST certified 16-hour tactical rifle course as well as regular department firearms training and qualifications as required by law and policy.

Proficiency training shall be monitored and documented by POST certified firearms instructors.

All training and proficiency for firearms will be documented in the officer’s training file.

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7 Qualifying Equipment Owned/Utilized by the Newark Police Department

Equipment Name: M4 Style Platform Automatic SWAT Rifle; CA Gov’t Code § 7070 (c)(10) Quantity Owned/Sought: 15 Lifespan: 10 yrs
Equipment Capabilities:

Manufacture Product Description:
x Sig Sauer SIG516 10.5-inch M4 style platform, fully automatic, pushrod gas system rifles in 5.56 caliber with flip up rear adjustable sights: 6
x Colt 10.5-inch M4 style platform, fully automatic, pushrod gas system rifles in .223 caliber with flip up rear adjustable sights: 6
x Bushmaster 10.5-inch M4 style platform, fully automatic, pushrod gas system rifles in .223 caliber with flip up rear adjustable sights: 3
Purpose/Authorized Uses:

To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.

Fiscal Impacts: $2,100 each
Legal/Procedural Rules Governing Use:

Training Required: Only current NPD SWAT Team Members who have: 1) completed a 16 hour POST approved tactical rifle course. 2) successfully passed the NPD SWAT Rifle Qualification course and 3) enrolled in or successfully completed a POST approved Basic SWAT School course shall be authorized to utilize an M4 style platform. Users must continually display proficiency by successfully passing quarterly (4) qualification courses each calendar year.

Proficiency training shall be monitored and documented by POST certified firearms instructors.

All training and proficiency for firearms will be documented in the officer’s training file.

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8 Qualifying Equipment Owned/Utilized by the Newark Police Department

Equipment Name: Compact Heckler Koch Submachine Gun; CA Gov’t Code § 7070 (c)(10) Quantity Owned/Sought: 7 Lifespan: 10 Years
Equipment Capabilities:

The submachine gun is a firearm, capable of accurately stopping an armed subject at various distances to include those that exceed the capabilities of a service pistol. It is a lightweight, air-cooled, gas operated, magazine fed, shoulder fired weapon. It is a short-barreled weapon which allows a trained officer better control inside of structures with greater accuracy than a handgun.

Manufacture Product Description:

Heckler Koch MP5 is a submachine gun using a blowback operating system for reliability, accuracy, and ease of handling in confined spaces. The barrels are cold hammer forged with the body consisting of stamped high strength steel and modern polymers.
x Heckler and Koch MP5 40cal with safe/semi/3rd burst/auto selector switch .40cal: 2 x Heckler and Koch MP5 9mm with safe/semi/3rd burst/auto selector switch 9mm: 5 Purpose/Authorized Uses:

To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.

Fiscal Impacts: $3,025 per rifle
Legal/Procedural Rules Governing Use:

Possession of short-barreled rifles by police officers is governed by Penal Code § 33220. Possession of assault weapon by police officers in the discharge of their duties is governed by Penal Code § 30625.

Training Required:

Officers must successfully complete a CA POST certified 16-hour tactical rifle course as well as regular department firearms training and qualifications as required by law and policy.

Only members that have successfully completed NPD sub gun range qualification are authorized to use these weapons.

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9 Qualifying Equipment Owned/Utilized by the Newark Police Department

Equipment Name: .308 Bolt Action Rifle – Accuracy International AE and ammo; CA Gov’t Code § 7070 (c)(10)
Quantity Owned/Sought: 2 Lifespan: 10 years
Equipment Capabilities:

The Accuracy International AE .308 rifle enables the stopping of an armed subject at a safe distance.

The rifle is capable of accurately stopping an armed subject at various distances to include those that exceed the capabilities of a service pistol. Additionally, the rifle, paired with the scope, creates a system which will allow for a trained sniper to gather real time information through observation at safe distances.

Manufacture Product Description:

The Accuracy International AE is a bolt action rifle manufactured for precision shooting. The rifle delivers a single .308 caliber shot from a short action rifle system. The Accuracy International AE rifle delivers precision accuracy in a powerful and rugged design. Features include a 24 inch floating barrel, a 5 round capacity magazine, manual safety, synthetic stock, carbon steel barrel, a Nightforce scope and Harris bipod. The rifle can deliver a precise shot engaging dangerous targets out to 600 meters and can be used for information gathering and observation at safe distances.

Purpose/Authorized Uses:

To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.

Accuracy International precision rifles are to be used exclusively by officers assigned to the SWAT Sniper Team. These rifles are typically deployed with the SWAT Sniper Team during high-risk SWAT operations and special events or instances wherein Sniper Over Watch Teams are needed.

Fiscal Impacts:
$5,500 each.

Legal/Procedural Rules Governing Use:

All applicable State, Federal and Local laws governing police use of force. Newark Police Department Policy 300 – Use of Force, Policy 312 – Firearms, Policy 408 - Special Weapons and Tactics.

Training Required:

SWAT Snipers must successfully complete SWAT school. SWAT Snipers must attend a 40 hour POST approved Basic Sniper School, and regularly train and qualify with various weapons systems including the .308 bolt action Sniper rifle to maintain proficiency.

Proficiency training shall be monitored and documented by POST certified firearms instructors.

All training and proficiency for firearms will be documented in the officer’s training file.

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10 Qualifying Equipment Owned/Utilized by the Newark Police Department

Equipment Name: CS Gas systems- CA Gov’t Code § 7070 (c)(12) Quantity Owned/Sought:

Owned:
(20) CTS Irritant Munitions 5230B – CS Baffled
Canister Grenade
Sought :
(30) CTS Irritant Munitions 4330 – 40MM CS Liquid
Barricade Projectile
(12) CTS Irritant Munitions 9430 – CS Tear Ball
Grenade
(12) CTS Irritant Munitions 5430 – CS Flameless
Expulsion Canister
(12) CTS Irritant Munitions 6230 – CS Canister
Grenade
(24) CTS 40mm Munitions 4530 – 40mm Frangible
Impact- CS Powder
Lifespan: 5 years
Equipment Capabilities: The use of CS Gas causes mucous membranes and exposed skin to become inflamed resulting in a temporary respiratory effect and discomfort Manufacture Product Description:

CTS Irritant Munitions 4330 – 40MM CS Liquid Barricade Projectile – Spin Stabilized, 4.1” long liquid CS filled projecticle penetrates intermediate barriers and delivers irritant agents into an adjacent room.

CTS Irritant Munitions 9430 – CS Tear Ball Grenade – "Rubber – ball" style grenades that upon initiation eject a powder payload of CS into a radius surrounding the device. Tear balls are primarily used for crowd control in indoor and outdoor situations.

CTS Irritant Munitions 5230B – CS Baffled Canister Grenade – Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire.

CTS Irritant Munitions 5430 – CS Flameless Expulsion Canister Grenade – Large diameter flameless grenade posing no risk of fire and discharging a large powder payload instantaneously through multiple emission ports.

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11 CTS Irritant Munitions 6230 – CS Canister Grenade – Pyrotechnic canister grenade emitting smoke through multiple emission ports for 30 to 40 seconds.

CTS 40mm Munitions 4530 – 40mm Frangible Impact- CS Powder – 40mm multi-effect munition delivering greater energy on the target with extreme accuracy and simultaneously dispersing a cloud of irritant or marking power.

Purpose/Authorized Uses:

Less lethal weapon systems may limit the escalation of conflict where employment of lethal force is prohibited or undesirable. In order to control subjects who are violent or who demonstrate the intent to be violent, tear gas may be used for crowd control, crowd dispersal or against barricaded suspects based on the circumstances. Only the Watch Commander, Incident Captain or SWAT Commander may authorize the delivery and use of tear gas, and only after evaluating all conditions known at the time and determining that such force reasonably appears justified and necessary. When practicable, fire personnel should be alerted or summoned to the scene prior to the deployment of tear gas to control any fires and to assist in providing medical aid or gas evacuation if needed.

Fiscal Impacts:

CTS Irritant Munitions 4330 – 40MM CS Liquid Barricade Projectile - $23.37 / unit CTS Irritant Munitions 9430 – CS Tear Ball Grenade - $ 44.49 / unit CTS Irritant Munitions 5430 – CS Flameless Expulsion Canister Grenade - $42.35 / unit CTS Irritant Munitions 6230 – CS Canister Grenade - $27.19 / unit CTS 40mm Munitions 4530 – 40mm Frangible Impact- CS Powder - $26.51 / unit CTS Irritant Munitions 6230 – CS Canister Grenade - $41.93 / unit Legal/Procedural Rules Governing Use:

The use of this equipment is governed by Newark Police Department Policy 300 – Use of Force, Policy 308.6 Control Devices and Techniques – Tear Gas Guidelines. Policy 312.3.3 - Firearms – Shotguns, Policy 467 – First Amendment Assemblies.

Tear gas is governed by Penal Code § 22810.

Additionally, use of kinetic projectiles and chemical agents for crowd control purposes is specifically governed by Penal Code § 13652.

Training Required:

Specialized yearly department training via a POST Certified Chemical Weapons Instructor.

Other:

CTS Irritant Munitions 4330 – 40MM CS Liquid Barricade Projectile, CTS Irritant Munitions 5230B – CS Baffled Canister Grenade, and CTS Irritant Munitions 6230 – CS Canister Grenade only to be utilized by properly trained NPD SWAT Personnel. CTS Irritant Munitions 9430 – CS JetLite Rubber Ball Grenade, CTS Irritant Munitions 5430 – CS Flameless Expulsion Canister Grenade, and CTS 40mm Munitions 4530 – 40mm Frangible Impact- CS Powder only to be utilized by properly trained NPD SWAT/ Crowd Management Team (CMT) personnel.
(3) converted shotgun with cup launcher attachment, to only be utilized in conjunction with CTS Irritant Munitions 5230B – CS Baffled Canister Grenade for deployment into a structure.

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12 Qualifying Equipment Owned/Utilized by the Newark Police Department

Equipment Name: CTS 7290 – Flash Bang CA Gov’t Code § 7070 (c)(12) Quantity Owned/Sought: Owned (32)/ Sought (40) Lifespan: 5 Years Equipment Capabilities: The device is intended to create a diversion during critical incidents in which the device deflagrates, emitting a bright light and thunderous noise to distract potentially dangerous individuals.

Manufacture Product Description: The CTS 7290 – Flash Bang is the standard for diversionary flash-bang devices. The 7290 produces 165-180db and 6-8 million candela of light output. The patented design of the 7290, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output. The device is an ATF-controlled Class C explosive device.

Purpose/Authorized Uses: Used during critical incidents as a diversionary device to disorient/ distract potentially dangerous individuals. Device shall only be used by officers who have been trained in their proper use and deployment. Situations for use of the device may include but are not limited to - 1) In hostage and barricaded subject situations. 2) In high-risk warrant (search/ arrest) services where there may be extreme hazards to officers. 3) During Riot/ Crowd control and civil unrest incidents 4) During other high-risk situations where their use would enhance officer safety and a tactical advantage can be obtained. 5) During training exercises or approved demonstrations.

Fiscal Impacts: $39.58/ CTS 7290 – Flash Bang
Legal/Procedural Rules Governing Use:

The use of flashbangs is governed by Newark Police Department Policy 300 – Use of Force and Policy 408.5.2 - Special Weapons and Tactics – Equipment.

It is the policy of the NPD to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

Training Required: Specialized yearly department training via a POST Certified Noise-Flash-Diversionary Device Instructor.

Other: CTS 7290 – Flash Bang only to be utilized by properly trained Newark Police Department Special Weapons and Tactics Team and Crowd Management Team Personnel.

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13 Qualifying Equipment Owned/Utilized by the Newark Police Department

Equipment Name: Pepperball TAC-SF launcher- CA Gov’t Code § 7070 (c)(12) Quantity Owned/Sought: 3 Lifespan: 10 yrs
Equipment Capabilities: The TAC-SF semi-automatic pepperball launcher can launch over 250 .68 calibre pepperball projectiles containing 2% PAVA (OC) at an approximate distance of 150 feet per air tank charge providing distance and increasing safety.

Manufacture Product Description: Pepperball TAC-SF is a compact lightweight modular launcher constructed of glass nylon. It launches standard .68 calibre round projectiles using a high-capacity air pressure system.

Purpose/Authorized Uses:

Pepper projectiles are plastic spheres that are filled with a derivative of OC powder. Because the compressed gas launcher delivers the projectiles with enough force to burst the projectiles on impact and release the OC powder, the potential exists for the projectiles to inflict injury if they strike the head, neck, spine or groin.

Therefore, personnel using a pepper projectile system should not intentionally target those areas, except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others.

Fiscal Impacts: $1,900 each
Legal/Procedural Rules Governing Use:

Use is established under Newark Police Department Policy 308.47.2. - Control Devices and Techniques – Pepper Projectile Systems. It is the policy of the NPD to utilize PepperBall only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Additionally, use of kinetic projectiles and chemical agents for crowd control purposes is specifically governed by Penal Code § 13652.

Training Required:

Only those officers who have been trained in the use of Kinetic Energy Projectile Device are certified to carry the specific device.

Proficiency training shall be monitored and documented by POST certified less-lethal munitions and chemical agent instructors.

All training and proficiency for control devices will be documented in the officer’s training file.

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14 Qualifying Equipment Owned/Utilized by the Newark Police Department

Equipment Name: LMT Defense 40mm Launcher with 40mm kinetic energy projectiles- CA Gov’t Code § 7070 (c)(14)
Quantity Owned/Sought:

Owned:
(28) Defense Technology 1425 – 40mm LMT Tactical
Single Launcher, Expandable Stock
(180) Defense Technology 6325 – Exact Impact
40mm Standard Range Sponge Round
Lifespan: 10 Years (Defense Technology 1425 –
40mm LMT Tactical Single Launcher, Expandable
Stock)
5 years (Defense Technology 6325- Exact Impact
40mm Standard Range Sponge Round)
Equipment Capabilities: Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used to de-escalate a potentially deadly situation. Department approved kinetic projectiles are fired from 40 mm launchers.

Manufacture Product Description:

Defense Technology 1425 – 40mm LMT Tactical Single Launcher, Expandable Stock – Tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single and two-point sling attachment. The launcher will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/ sighting systems.

Defense Technology 6325 – Exact Impact 40mm Standard Range Sponge Round – a point-of-aim, point-ofimpact direct-fire round. This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore, have velocities that are extremely consistent.

Used for crowd control, patrol, and tactical applications.

Purpose/Authorized Uses: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the Kinetic Energy Projectiles may include, but are not limited to: 1) Selfdestructive, dangerous and/or combative individuals. 2) Riot/ Crowd control and civil unrest incidents. 3) Circumstances where a tactical advantage can be obtained. 4) Potentially vicious animals. 5) Training exercises or approved demonstrations.

Fiscal Impacts: $725.00/ Defense Technology 1425- 40mm LMT Tactical Single Launcher, Expandable Stock $19.30/ Defense Technology 6325 – Exact Impact 40mm Standard Range Sponge Round Legal/Procedural Rules Governing Use: The use of 40mm Kinetic Energy Projectiles is governed by Newark Police Department Policy 300 – Use of Force, 308.9 - Control Devices and Techniques – Kinetic Energy Projectile Guidelines and Policy 497 - First Amendment Assemblies Packet Page 71
15 Additionally, use of kinetic projectiles and chemical agents for crowd control purposes is specifically governed by Penal Code § 13652.

Training Required:

Only those officers who have been trained in the use of Kinetic Energy Projectile Device are certified to carry the specific device.

Proficiency training shall be monitored and documented by a certified less-lethal munitions instructor.

All training and proficiency for control devices will be documented in the officer’s training file.

Other: Defense Technology 1425 – 40mm LMT Tactical Single Launcher, Expandable Stock can be utilized by properly trained NPD SWAT Personnel for the deployment of CTS Irritant Munitions 4330 – 40mm CS Liquid Barricade Projectile. Defense Technology 1425 – 40mm LMT Tactical Single Launcher, Expandable Stock can be utilized by properly trained NPD Special Weapons and Tactics Team/Crowd Management Team Personnel for the deployment of CTS 40mm Munitions 4530 – 40mm Frangible Impact- CS Powder.

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Item D. 5.

DATE 05/25/2023
TO Honorable Mayor and City Council Members
FROM Jayson Imai, Assistant City Engineer
SUBJECT Adopt a resolution approving amendments to the Contractual Services Agreements with Bear Electrical Solutions, Inc. and Cal West Lighting & Signal Maintenance for additional traffic signal and street light maintenance services and amendment of the 2022-2024 Biennial Budget and Capital Improvement Plan
SUMMARY AND RECOMMENDATION
The volume of required traffic signal and street light maintenance service needs has remained high over the past year with an unexpected increased number of signal and light knockdowns resulting from vehicular accidents over the winter period. To keep up with the increased maintenance demands and to complete the desired installation of new street names signs at signalized intersections, amendments to the On-Call Contractual Services Agreements for traffic signal and street light maintenance services with Bear Electrical Solutions, Inc. and Cal West Lighting & Signal Maintenance are necessary to increase the respective contractual not-to-exceed amounts.

Staff recommends adopting a resolution to amend the Contractual Services Agreement with Bear Electrical Solutions, Inc. to increase the not-to-exceed amount for Fiscal Year 2023 to $107,072 and to amend the Contractual Services Agreement with Cal West Lighting & Signal Maintenance for Fiscal Year 2023 to $220,350. Staff further recommends amending the 2022-2024 Biennial Budget and Capital Improvement Plan to add $75,000 of appropriation from the General Fund Unappropriated Fund Balance to Public Works Department’s Operating Budget for Street Lighting and Traffic Signals.

Concurrent with these contractual modifications, staff also recommends amending each agreement to reflect budgeted expenditures for increased traffic signal and street light maintenance services completed in Fiscal Year 2021.

BACKGROUND
In June 2020, the City awarded On-Call Contractual Services Agreements (Agreements) for a term of two years to Bear Electrical Solutions, Inc. (Bear Electrical) and to Cal West Lighting & Signal Maintenance (Cal West) for traffic signal and street light maintenance services with annual not-to-exceed amounts of $100,000 per fiscal year for each agreement. The initial not-to-exceed amounts were based on Public Works Department’s Operating Budget for Street Lighting and Traffic Signals.

In June 2022, pursuant to the terms of the Agreements, the City extended the Agreements with both Bear Electrical and Cal West for an additional one-year term Packet Page 73
through June 30, 2023, each with a not-to exceed amount of $100,000. These not-to-exceed amounts were again based on Public Works Department’s Operating Budget for Street Lighting and Traffic Signals in the 2022-2024 Biennial Budget for Fiscal Year 2023.

DISCUSSION/ANALYSIS
The volume of required traffic signal and street light maintenance service needs has remained high and steady over the past year. In particular, the City was subject to an unexpectedly high number of traffic signal and street light pole knockdowns due to vehicular accidents during the winter months. The consequence of these increased number of knockdowns and continued maintenance needs is that additional funding is needed for anticipated expenditures.

The Engineering Division has also often required services from on-call consultants related to projects funded by sources outside of the Public Works Department Operating Budget, such as those projects funded as part of the Capital Improvement Plan. The costs for these services often exceed the not-to-exceed amounts established by the Department’s Operating Budget and therefore require contractual amendments. Cal West recently submitted a scope and fee proposal in the amount of $50,424 for on-call traffic signal maintenance services to install eighty-eight additional street name signs at the City’s signalized intersections as the second and final phase of Citywide Traffic Signal Street Name Signs, Project 1201. These new street name signs are highly visible, extremely reflective for nighttime driving, and provide a significant improvement for the community over the older street name signs.

To address the increased level of required street light and traffic signal maintenance as well as the need for installation of the new street names signs, staff recommends amending the Contractual Services Agreements with Bear Electric and Cal West to increase the not-to-exceed amounts for Fiscal Year 2023 to $107,072 and $220,350, respectively. A budget amendment to increase the Public Works Department Operating Budget for Street Lighting and Traffic Signals in the amount of $75,000 is needed for the anticipated increase in expenditures for maintenance services. The remaining budget capacity has been approved previously by the City Council in the 2022-2024 Biennial Budget and Capital Improvement Plan for the Citywide Traffic Signal and Street Name Signs, Project 1201, and the mid-year amendments approved via Resolution No. 11,478 on March 23, 2023.

The City Council previously authorized a budget increase of $65,000 in Fiscal Year 2021 for the Public Works Department Operating Budget for Street Lighting and Traffic Signals pursuant to Resolution No. 11,194. Due to an administrative oversight, staff is seeking and recommends that concurrent with the proposed amendment, the City Council include increases to the not-to-exceed amounts for Bear Electric and Cal West to reflect the budgeted expenditures for Fiscal Year 2021. For the Bear Electric agreement, this is an increase of $13,645.83, and for the Cal West agreement, an increase of $43,829.51.

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FISCAL IMPACT
An amendment of the 2022-2024 Biennial Budget and Capital Improvement Plan is needed to add $75,000 of appropriation from the General Fund Unappropriated Fund Balance to Public Works Department’s Operating Budget for Street Lighting and Traffic Signals for Fiscal Year 2023. No additional budget amendments are necessary.

REVIEW AND APPROVAL
Prepared by - Jayson Imai, Assistant City Engineer
Reviewed by - Soren Fajeau, Public Works Director
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Resolution
Amendment Bear Electric
Amendment Cal West
Contract Bear Electric
Contract Cal West
Packet Page 75
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPROVING AMENDMENT NO. 1 TO THE

CONTRACTUAL SERVICES AGREEMENTS WITH BEAR
ELECTRICAL SOLUTIONS, INC. AND CAL WEST

LIGHTING & SIGNAL MAINTENANCE FOR TRAFFIC

SIGNAL AND STREET LIGHT MAINTENANCE SERVICES
WHEREAS, the City of Newark awarded Contractual Services Agreements to Bear Electrical Solutions Inc. and Cal West Lighting & Signal Maintenance for on-call traffic signal and street light maintenance services; and
WHEREAS, pursuant to Section 18 of the Agreements entitled, “Term/Termination” the City elected to extend each Agreement for an additional one (1) year term from July 1, 2022 through June 30, 2023, each with a not-to-exceed amount of $100,000; and WHEREAS, staff has identified a need to amend the Contractual Services Agreement to increase the not-to exceed amount.

NOW THEREFORE, BE IT RESOLVED that the City Council does hereby approve Amendment No. 1 to the Contractual Services Agreements with Bear Electrical Solutions Inc. to increase the not-to-exceed amount of the Contractual Services Agreement for Fiscal Year 2023 to one hundred seven thousand seventy-two dollars ($107,072) and to increase the not-to-exceed amount of the Contractual Services Agreement for Fiscal Year 2021 to one hundred thirteen thousand six hundred forty-five and 83/100 ($113,645.83) as previously budgeted.

BE IT FURTHER RESOLVED that the City Council does hereby approve Amendment No. 1 to the Contractual Services Agreements with Cal West Lighting & Signal Maintenance to increase the not-to-exceed amount of the Contractual Services Agreement for Fiscal Year 2023 to two hundred twenty thousand three hundred fifty dollars ($220,350) and to increase in the notto-exceed amount of the Contractual Services Agreement to one hundred forty-three thousand eight hundred twenty-nine and 51/100 dollars ($143,829.51) for Fiscal Year 2021 as previously budgeted.

BE IT FURTHER RESOLVED that the City Council does hereby authorize the City Manager to execute the above Contractual Services Agreement amendments, on file with the City Clerk, in a form approved by the City Attorney.

BE IT FURTHER RESOLVED that the City Council does hereby authorize an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for the fiscal year 2023 as follows:

To: 140.60.064.612.6261 $75,000.00
From: 140.3000 $75,000.00
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1 FIRST AMENDMENT TO THE CONTRACTUAL

SERVICES AGREEMENT BETWEEN THE CITY OF
NEWARK AND BEAR ELECTRICAL SOLUTIONS, INC.

This First Amendment to Contractual Services Agreement between the City of Newark, a municipal corporation, ("City") and Bear Electrical Solutions, Inc., a California corporation ("Consultant") (sometimes referred to as "Parties") dated June 25, 2020 (the “Agreement”), is entered into as of_______________, 2023 for the provision of on-call traffic signal and street light maintenance services.

RECITALS
WHEREAS, the Parties executed the Agreement for the purpose of having Consultant perform oncall traffic signal and street light maintenance services; and WHEREAS, Section 27, Modifications, of the Agreement allows the Parties to amend the Agreement provided that the amendment is in writing signed by the Parties; and WHEREAS, the Agreement is for two fiscal year terms and the City has to option to extend the Agreement for two additional fiscal years; and
WHEREAS, the Agreement is for a not to exceed amount of One Hundred Thousand Dollars ($100,000.00) per fiscal year; and
WHEREAS, the Parties desire to amend the Agreement, Section 3.A to increase the “Not to Exceed” Compensation amount during certain fiscal years; and WHEREAS, City staff is authorized to execute this Amendment in a form approved by the City Attorney.

NOW, THEREFORE, the Parties hereby agree as follows:

1. Section 3.A. "Not to Exceed" Compensation, of the Agreement, is amended to increase the not to exceed compensation for Fiscal Year 2021 by $13,645.83, for a total not to exceed amount of $113,645.83 and to increase the not to exceed compensation for Fiscal Year 2023 by $7,072, for a total not to exceed amount of $107,072.

2. With the exception of the foregoing, all other terms and conditions in the Agreement, as amended, remain in force and effect.

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2 CITY OF NEWARK BEAR ELECTRICAL SOLUTIONS, INC.
_________________________________ By:

David J. Benoun
City Manager
Printed Name
Dated: ___________________________ Dated:

SERVICES AGREEMENT BETWEEN THE CITY OF

NEWARK AND CAL-WEST LIGHTING & SIGNAL
MAINTENANCE, INC.

This First Amendment to Contractual Services Agreement between the City of Newark, a municipal corporation, ("City") and Cal-West Lighting & Signal Maintenance, Inc., a California corporation ("Consultant") (sometimes referred to as "Parties") dated June 25, 2020 (the “Agreement”), is entered into as of ___________, 2023 for the provision of on-call traffic signal and street light maintenance services.

NOW, THEREFORE, the Parties hereby agree as follows:

1. Section 3.A. "Not to Exceed" Compensation, of the Agreement, is amended to increase the not to exceed compensation for Fiscal Year 2021 by $43,829.51, for a total not to exceed amount of $143,829.51 and to increase the not to exceed compensation for Fiscal Year 2023 by $120,350 for a total not to exceed amount of $220,350.

2. With the exception of the foregoing, all other terms and conditions in the Agreement, as amended, remain in force and effect.

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2 CITY OF NEWARK CAL-WEST LIGHTING & SIGNAL
MAINTENANCE, INC.
_________________________________ By:

David J. Benoun
City Manager
Printed Name
Dated: ___________________________ Dated:

Attest:
__________________________________
Sheila Harrington
City Clerk
Approved as to Form:
__________________________________
Kristopher J. Kokotaylo
City Attorney
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Item D. 6.

DATE 05/25/2023
TO Honorable Mayor and City Council Members
FROM Diana Cangco, Principal Civil Engineer
SUBJECT Adopt a resolution accepting the subdivision improvements for Tract 8462 – Pomegranate, a 21-unit residential subdivision located at 6179 Robertson Avenue SUMMARY AND RECOMMENDATION
Public and private improvements for Tract 8462 - Pomegranate, a 21-lot residential subdivision at 6179 Robertson Avenue, have been completed in substantial compliance with the plans and specifications of the project. The developer, D.R.

Horton Bay, Inc., has provided a Subdivision Maintenance Bond in the amount of $93,800 to guarantee the completed subdivision improvements for a one-year maintenance period. Staff recommends that the City Council adopt a resolution accepting the subdivision improvements for Tract 8462 - Pomegranate.

BACKGROUND
On September 10, 2020, D.R. Horton Bay, Inc. entered into a Subdivision Agreement with the City of Newark to construct public and private improvements for Tract 8462 - Pomegranate, a 21-lot residential subdivision located at 6179 Robertson Avenue. D.R.

Horton Bay, Inc. provided a Performance Bond in the amount of $938,000 and a Materials Bond in the amount of $469,000, both issued by The Continental Insurance Company, to guarantee the subdivision improvements within the public right-of-way on Robertson Avenue, Honeysuckle Drive, and Pomegranate Avenue and all private in-tract common area improvements. Public improvements constructed with the project include new curb, gutter, sidewalk, landscaping, lighting, utility connections, undergrounding of overhead utilities, and street pavement. Private improvements include new seat walls, decorative iron auto gates, utilities, storm drain and stormwater treatment systems, lighting, landscaping, and other common area improvements.

DISCUSSION/ANALYSIS
The construction of the subdivision improvements for Tract 8462 – Pomegranate are now complete. The developer, D.R. Horton Bay, Inc., has provided a Subdivision Maintenance Bond in the amount of $93,800 for the correction of any defective materials or workmanship within the designated one-year maintenance period. After acceptance, the public improvements will be owned and maintained by the City. The private improvements for the common benefit of all homeowners will be owned and maintained by the Pomegranate Homeowners Association.

Packet Page 141
FISCAL IMPACT
The estimated additional annual cost to maintain the public improvements associated with Tract 8462 is $14,800 and includes pavement maintenance, street sweeping, curb and gutter replacement, and street lights.

REVIEW AND APPROVAL
Prepared by - Diana Cangco, Principal Civil Engineer
Reviewed by - Jayson Imai, Assistant City Engineer
Reviewed by - Soren Fajeau, Public Works Director
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Resolution
Packet Page 142
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK ACCEPTING THE SUBDIVISION IMPROVEMENTS
FOR TRACT 8462 – POMEGRANATE (D.R. HORTON BAY,
INC.), A 21-LOT RESIDENTIAL SUBDIVISION AT 6179

ROBERTSON AVENUE
WHEREAS, D.R. Horton Bay, Inc., previously entered into a Subdivision Agreement with the City of Newark dated September 10, 2020 (Resolution 11,112) for the construction of certain public and private improvements for Tract 8462 – Pomegranate, a 21-lot residential subdivision located at 6179 Robertson Avenue in accordance with plans and specifications on file with the City Engineer; and
WHEREAS, the scope of public improvements on Robertson Avenue, Honeysuckle Drive, and Pomegranate Avenue included new curb, gutter, sidewalk, landscaping, lighting, utility connections, overhead utility undergrounding and street pavement; and WHEREAS, said work has been completed in substantial compliance with the plans and specifications of the contract entered into heretofore and the City Engineer has recommended the acceptance of these public improvements on Robertson Avenue, Honeysuckle Drive, and Pomegranate Avenue; and
WHEREAS, additional work was completed in substantial compliance with the plans and specifications, within the common areas of the project site to be owned and maintained by the Pomegranate Homeowners Association, including but not limited to driveways, utilities, storm drain and stormwater treatment systems, lighting, landscaping, and other common area improvements; and
WHEREAS, D.R. Horton Bay, Inc. has furnished a Subdivision Maintenance Bond in the amount of $93,800 for the correction of any defective materials or workmanship within a designated one-year maintenance period.

NOW, THEREFORE, BE IT RESOLVED BY THE City Council of the City of Newark that said public improvements on Robertson Avenue, Honeysuckle Drive, and Pomegranate Avenue are hereby accepted.

BE IT FURTHER RESOLVED that the City Council of the City of Newark does hereby approve a Subdivision Maintenance Bond in the amount of $93,800.

BE IT FURTHER RESOLVED that the City Council of the City of Newark does hereby authorize the release of the Performance Bond in the amount of $938,000 and the Materials Bond in the amount of $469,000 guaranteeing the completion of work in Tract 8462.

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Item E. 1.

DATE 05/25/2023
TO Honorable Mayor and City Council Members
FROM Neal Hornbeck, Assistant Maintenance Superintendent SUBJECT Hearing to consider property owners' objections to the 2023 Weed Abatement Program and instruction to the Superintendent of Streets to abate the public nuisances SUMMARY AND RECOMMENDATION
The City of Newark conducts an annual weed abatement program as a fire prevention measure. This program is a coordinated effort between the City's Maintenance Division and Alameda County Fire Department Fire Prevention staff. Vacant properties with the potential for extensive weed growth are typically included in the program.

Property owners of these properties have the option to either complete weed abatement work themselves or have the work completed by a City contractor through this program. The City's contractor is scheduled to complete any necessary abatement work in June.

At the April 13, 2023, City Council meeting, the City Council initiated the 2023 Weed Abatement Program and set May 25, 2023 as the date for a public hearing to hear any objections from property owners. This year's program includes inspection and potential abatement of approximately 121 properties. Notices were sent giving property owners until May 24, 2023, to advise the City if they intend to abate the weeds themselves.

Most property owners typically perform the work themselves and as of May 17, 2023, no written objections have been received. If objections are received prior to or during the public hearing, the City Council should consider the objections, and then allow or overrule the objections by motion.

Staff recommends that the City Council, by motion, act upon any objections by property owners to the 2023 Weed Abatement Program, and instruct the Superintendent of Streets to abate the public nuisances.

BACKGROUND
The City of Newark conducts an annual weed abatement program to abate weeds on vacant properties that are not properly maintained by property owners to the satisfaction of Alameda County Fire Department (ACFD) Fire Prevention staff. The program is authorized by, and conducted pursuant to, Government Code Sections 39560, et seq. The abatement work typically consists of tractor mowing, supplemented with manual labor to clear weeds abutting fences and to remove debris to facilitate tractor work. Property owners have the option to make their own arrangements for weed and debris removal. All properties on which the City performs the abatement Packet Page 144
weed and debris removal. All properties on which the City performs the abatement work would be assessed the full cost of that work, including administrative costs.

Administrative coste are 20% of the cost of the weed abatement services pursuant to the adopted Fiscal Year 2023 Master Fee Schedule.

DISCUSSION/ANALYSIS
There are approximately 121 industrial, residential, and commercial parcels that have large areas of vacant ground with regular seasonal weed growth that could develop into a fire hazard if not properly maintained. These parcels are located throughout the City and are listed on Schedule "A". Property owners choosing to complete weed and debris removal themselves must complete the work prior to the schedule set for the City's contractor. The City's landscape maintenance contractor is scheduled to perform the weed abatement work in June. Property owners were sent pre-paid postcards following City Council's initiation of the 2023 Weed Abatement Program and were asked to return those postcards by May 24, 2023, to advise the City if they would abate the weeds themselves. At the time of this writing, no written objections have been received. If the weeds on these parcels are not abated in a timely manner, the City's contractor will perform the work in June. This provides property owners ample time to complete the abatement work.

If objections are received prior to or during the public hearing, the City Council should consider the objections; and then, by motion, allow or overrule the objections. The City Council may then instruct the Superintendent of Streets to abate the public nuisance on the parcels remaining in the program.

FISCAL IMPACT
The 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2023 is projected to provide sufficient funding for the 2023 Weed Abatement Program. Should the anticipated scope of work to be performed by the City increase significantly, a future budget amendment may be necessary.

REVIEW AND APPROVAL
Prepared by - Neal Hornbeck, Assistant Maintenance Superintendent; Andrew Lee, Deputy Fire Marshal
Reviewed by - Soren Fajeau, Public Works Director
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Schedule A
Packet Page 145
Schedule A - List of Potential Properties Subject to Abatement

MAP APN OWNER LOCATION
1 92A 072000510 PRESBYTERY OF SAN FRANCISCO 35450 NEWARK BOULEVARD 3 092 013100109 FILBERT STREET DEVELOPMENT LLC FILBERT STREET AT SNOW

3.1 092 013100204 FILBERT STREET DEVELOPMENT LLC 37243 FILBERT STREET

3.2 092 013100300 FILBERT STREET DEVELOPMENT LLC 37257 FILBERT STREET 5 092 002401000 SINGH SARJEET SYCAMORE STREET NEAR 7303 DAIRY 6 092 002902200

RAO RAJESH & DESHPANDE
VIDYASAGAR V ETAL 36952 MULBERRY STREET
7 092 004501100 ANITRA PRASAD MAGNOLIA STREET NEAR RICH 8 092 003001403
LEPAKSHI HOMES LLC / POLAKALA
KISHORE 6717 THORNTON AVENUE
8 092 003001502 LEPAKSHI HOMES LLC 6733 THORNTON AVENUE 8 092 003001602 LEPAKSHI HOMES LLC 6749 THORNTON AVENUE 8 092 003001804 LEPAKSHI HOMES LLC 6781 THORNTON AVENUE 8 092 003001702 LEPAKSHI HOMES LLC 6765 THORNTON AVENUE 10 092 003200300 DANG ALAN & VO HUONG T DAIRY AVENUE BETWEEN 36805 & 36926 11 092 004100803 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.1 092 002401700 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.1 537 052100801 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.11 537 052100802 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.12 537-0521-009-02 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.13 092-0054-003-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.14 092-0200-015-01 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.15 092-0253-001-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.16 92A-2165-006-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.17 92A-2300-007-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.18 92A-2300-006-14 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.19 92A-2500-005-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.2 092-0021-016-01 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W Packet Page
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Schedule A - List of Potential Properties Subject to Abatement

11.2 92A-2500-004-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.21 537-0850-021-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.22 537-0850-020-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.23 537-0850-019-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.24 537-0850-018-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.25 537-0850-017-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.26 092-0054-002-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.27 092-0068-003-02 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.28 092-0069-002-02 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.29 092-0069-003-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.3 092-0021-016-02 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.3 092-0067-012-05 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.31 092-0067-014-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.32 092-0067-019-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.33 092-0067-020-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.34 092-0065-002-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.35 092-0064-010-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.36 92A-1095-129-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.37 92A-1100-058-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.38 92A-1105-014-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.39 92A-2000-004-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.4 092-0015-004-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.4 92A-2010-002-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.41 092 012702100 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.42 092 012702000 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.43 092-0067-012-05 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.5 92A-0506-107-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W Packet Page
2 147
Schedule A - List of Potential Properties Subject to Abatement

11.6 92A-0506-106-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.7 92A-0501-030-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.8 92A-0502-090-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.9 92A-0620-061-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W 13 092 025501100

CHANG INCOME PROPERTY
PARTNERSHIP LP 37200 SYCAMORE ST
14 537 085000200

PICK-N-PULL SAN JOSE AUTO
DISMANTLERS 7400 MOWRY AVENUE
15 537 046000725 ADROIT GLOBAL LLC & BEDI SHISHU 6953 JARVIS AVENUE 16 092 003101900 AHMAD ABRAR & NARGIS 6991 THORNTON AVE (primary address undetermined) 18 901 011100900 A & P CHILDREN INVESTMENTS LLC CEDAR BOULEVARD (near Eucalyptus Grove) 19 092A216500904 PABCO BUILDING PRODUCTS LLC REDEKER PLACE AT CHERRY 20 537 900900100

SF BAY NATIONAL WILDLIFE REFUGE
c/o J. Bradley CEDAR BOULEVARD
23 537 046001400

FULL BLOOM BAKING CO BUILDING
FUND LLC 6500 OVERLAKE PL

23.1 537 046001300 PS NORTHERN CA NEWARK INC 6800 OVERLAKE PL 24 092 007500402

SSVGGP VENTURES LLC & SKZR

GROUP LLC CHERRY STREET

24.1 092 007500502

SSVGGP VENTURES LLC & SKZR

GROUP LLC CHERRY STREET
26 537 046000728 FRANCISCAN GLASS COMPANY 35255 FIRCREST STREET

26.1 537 046002101 FRANCISCAN GLASS COMPANY FIRCREST STREET 27 092 008300900 RAFANAN MARJORIO 36915 LOCUST STREET
28 092A230000612 SKW MBT OPERATIONS INC 38403 CHERRY STREET 29 092A075000800 HOLY REDEEMER LUTHERAN CHURCH 35660 CEDAR BOULEVARD 33 901 018800600 LION NEWARK SHOPPING CENTER 39055 CEDAR BOULEVARD 34 092 012601900 SAN MATEO COUNTY TRANSIT DIST. SMCTD RAILROAD R-O-W LOCUST & ELM

34.1 092 012501700 SAN MATEO COUNTY TRANSIT DIST. SMCTD RAILROAD R-O-W WALNUT & LOCUST

34.2 092 012402200 SAN MATEO COUNTY TRANSIT DIST. SMCTD RAILROAD R-O-W SPRUCE & WALNUT

34.3 092 011909900 SAN MATEO COUNTY TRANSIT DIST. SMCTD RAILROAD R-O-W SPRUCE

34.4 092 010000802 SAN MATEO COUNTY TRANSIT DIST. SMCTD RAILROAD R-O-W WILLOW

34.5 092 010000801 SAN MATEO COUNTY TRANSIT DIST. SMCTD RAILROAD R-O-W WEST OF WILLOW Packet Page
3 148
Schedule A - List of Potential Properties Subject to Abatement 35 537 085200102 FMC CORPORATION 8787 ENTERPRISE DR
36 092 011501100 SHH PROJECT OWNER LLC 37445 WILLOW STREET

36.1 092 010000402 HONEYWELL INTERNATIONAL INC WILLOW STREET NORTH OF ENTERPRISE 38 092A072002600 LADRECH MAURICE A TR ETAL 35178 NEWARK BOULEVARD

43.1 537 085000400 CITY OF NEWARK MOWRY AVENUE WEST OF TRACKS 44 092 012401400 MANWANI GIRISH & MADHU RAILROAD AVENUE SPRUCE & WALNUT 45 092 012501000 CHERRY STANLEY R TR 7843 RAILROAD AVE BETWEEN LOCUST & WALNUT 47 092A103602902 JAIN ASHIT & MONISAH TRS 6214 THORNTON AVENUE 48 092 013400200

LOUIEHELM JENNY & LOUIE WAYLAND

H & JEN L TRS RAILROAD AVE BETWEEN LOCUST & ELM
49 092 013502300 SEAMONKEY LLC WALNUT STREET CORNER LOT 53 092A103603102

ELIZARREY SHIRLEY A TR
SURVIVOR'S TRUST & ELI ETAL 6152 THORNTON AVENUE
54 092A103604100 AU JOSEPH & LILY C TRS NEWARK BOULEVARD AND CIVIC TERR 55 092 025200200 NORDSTROM INC 37599 FILBERT STREET
58 092 004100201 TANIOS SIMON 36964 ASH STREET
61 092A258607600 WANG YUJEH L TR BIRCH STREET ON CEDAR
62 092 010000705 CITY & CO SF WATER DEPT WILLOW STREET

62.1 092 014000302 CITY & CO SF WATER DEPT WILLOW STREET

62.1 92A-2357-031-00 CITY & CO SF WATER DEPT WILLOW STREET

62.1 92A-2416-015-00 CITY & CO SF WATER DEPT WILLOW STREET

62.1 92A-2416-013-00 CITY & CO SF WATER DEPT WILLOW STREET

62.1 92A-2585-002-00 CITY & CO SF WATER DEPT WILLOW STREET

62.1 92A-2585-027-00 CITY & CO SF WATER DEPT WILLOW STREET

62.2 92A-2588-002-01 CITY & CO SF WATER DEPT WILLOW STREET

62.2 092-0116-004-00 CITY & CO SF WATER DEPT WILLOW STREET

62.3 092-0145-010-01 CITY & CO SF WATER DEPT WILLOW STREET

62.4 092-0146-023-00 CITY & CO SF WATER DEPT WILLOW STREET

62.5 092-0068-001-00 CITY & CO SF WATER DEPT WILLOW STREET Packet Page
4 149
Schedule A - List of Potential Properties Subject to Abatement

62.6 092-0074-002-00 CITY & CO SF WATER DEPT WILLOW STREET

62.7 092-0074-002-00 CITY & CO SF WATER DEPT WILLOW STREET

62.8 092-0075-007-00 CITY & CO SF WATER DEPT WILLOW STREET

62.9 92A-2141-002-00 CITY & CO SF WATER DEPT WILLOW STREET 63 092A062304300 CHIKKU PRADEEP 36589 NEWARK BLVD
65 092 012701300

PKA PHARMACEUTICAL INC & YANG
YANHUA 37079 ASH ST
68 092 014000500

GLASS BAY HOMEOWNERS
ASSOCIATION 8333 ENTERPRISE DR.
70 092A258800704 COUNTY OF ALAMEDA TIMBER ST AT CEDAR CT 71 092 010001103

UNITED STATES OF AMERICA FISH
& WILDLIFE SERV THORNTON AVE
73 901 011100300 SPRINGHILL SUITES

SURROUNDING AREAS & INNER PORTION OF PARKING
LOT
74 901 020001700 LANDSEA CHERRY STREET AND SEA TURTLE DR

74.1 901 020001600 LANDSEA CHERRY STREET AND SEA TURTLE DR

74.2 901 020001800 LANDSEA CHERRY STREET AND SEA TURTLE DR 72 092 005200400

SAMUDRALA RAMAPRASAD &

BALAKRISHNAN SANGEETA ETAL THORNTON AVE
Packet Page
5 150
Item E. 2.

DATE 05/25/2023
TO Honorable Mayor and City Council Members
FROM Carmelisa Lopez, Senior Planner
SUBJECT Public Hearing to consider adopting an ordinance establishing a Planned Development Overlay District and adopting a resolution approving a Planned Development Plan, Design Review, a Minor Use Permit, and a Vesting Tentative Map, and adoption of a Mitigated Negative Declaration supported by an Initial Study in accordance with the California Environmental Quality Act for a 118-unit residential development located at 38288-38594 Cedar Boulevard (APNs 92A-2375-002-06, 92A-2375-022-01).

SUMMARY AND RECOMMENDATION
Robson Homes LLC (the “Applicant”) submitted an application for a 118-unit residential development comprised of 90 single-family residences and 28 two-unit attached townhouses (duets) at 38288-38594 Cedar Boulevard (the “project site”) (the “Project”).

The project site currently contains several commercial buildings and paved areas for circulation, parking, and storage and is surrounded by commercial, industrial, church, school, and single-family residential uses.

The project site is zoned RM Residential Medium Density with a General Plan designation of Medium Density Residential. The Applicant requests deviations from some zoning regulations to achieve the required density and provide for greater flexibility in the design of the development. While the Project would not be consistent with specific zoning regulations, the proposed use is permitted in the RM zoning district and complies with the required density of both the RM zoning district and Medium Density Residential General Plan designation. The Project, as proposed, would also enhance the appearance of the site and neighborhood, improve the street frontage along Cedar Boulevard, and include several offsite improvements to benefit the Newark community. The Applicant also seeks a Minor Use Permit (“MUP”) to construct an 18-foot-tall masonry sound wall along the rear property line that would wrap around the northwestern and southwestern boundaries, stepping down from a height of 18 to 10 feet from the rear to the front of the property. The proposed sound wall is required to reduce exterior noise levels within the project site up to 65 decibels (dB) to comply with General Plan Policy EH-7.4.

Staff recommends that the City Council take the following actions to approve the Project:

1. Adopt an Ordinance establishing a Planned Development Overlay District at 38288-38594 Cedar Boulevard (APNs 92A-2375-002-06, 92A-2375-022-01); Packet Page 151

2. Adopt a Resolution approving P2021-002, a Planned Development Plan, Design Review, a Minor Use Permit, and a Vesting Tentative Map for a 118-unit residential development located at 38288-38594 Cedar Boulevard (APNs 92A-2375-002-06, 92A-2375-022-01) based on the recommended findings and subject to the recommended conditions of approval; and

3. Adopt a Mitigated Negative Declaration supported by an Initial Study in accordance with the California Environmental Quality Act for a 118-unit residential development located at 38288-38594 Cedar Boulevard (APNs 92A-2375-002-06, 92A-2375-022-01) based on the recommended findings and subject to the recommended conditions of approval.

BACKGROUND
The Project is for a 118-unit residential development comprised of single-family residences and two-unit attached townhouses (duets) on a 7.76-acre site located at 38288-38594 Cedar Boulevard.

The project site is a rectangular property consisting of four legal lots bounded by a personal storage facility to the northwest, Interstate 880 (“I-880”) to the northeast, an Alameda County Flood Control & Water Conservation District (“ACFCD”) channel to the southeast, and Cedar Boulevard to the southwest. The project site currently contains several commercial buildings used by automobile repair and parts supply shops, a large metal storage shed for parking trailers and campers, and paved areas for circulation, parking, and storage. The presence of hazardous materials related to Leaking Underground Fuel Tank (LUFT) cases and unrelated to the LUFT cases such as a used oil above ground storage tank (AST) and containers of petroleum and other materials such as carbon filters were also observed on the project site. The hazardous materials onsite are analyzed in the Initial Study for the project (see Attachment 1, Exhibits E and G). The project site is surrounded by commercial, industrial, church, school, and single-family residential uses and is zoned RM Residential Medium Density with a General Plan designation of Medium Density Residential.

The Applicant has been developing, designing, and building residential, multi-family and retail projects in the Bay Area for over 30 years.

Project Proposal
The Project would result in the project site being subdivided into 124 lots: 118 residential lots and six common lots for the private streets and common open space areas (see Attachment 1, Exhibit D). The Project provides a 5-foot-wide right-of-way dedication for Cedar Boulevard at the front of the property. Residential lot sizes range from 1,391 to 3,484 square feet (sq. ft.) and the habitable area of each residence ranges from 1,961 to 2,589 sq. ft. Each residence is three stories and includes a two-car garage on the ground level. The Project also includes over 44,000 sq. ft. of private and public open space area with various amenities such as play structures and a dog area, 294 parking spaces for both residents and guests, and various offsite improvements.

Packet Page 152
improvements.

A total of 118 residential units comprised of 90 single-family residences and 28 two-unit townhouses (duets) are proposed. The proposed net density is 21 units per acre. The features of the proposed residences are provided in Table 1 below.

Table 1. Proposed Residences
Floor Plans 5
Stories 3
Building Height 28'-1" to 33'-10"
Bedrooms 3 to 4
Bathrooms 3.5
Private Open
Space Decks and porches
Parking Spaces Two spaces within ground floor
garage
Habitable Floor
Area 1,961 to 2,589 sq. ft.

The Project requires a Planned Development Overlay District as it would not otherwise meet all of the RM zoning district standards and parking layout requirements in Newark Municipal Code (“NMC”) Section 17.07.030 and Chapter 17.23, respectively.

Building Design
The proposed architectural design is a contemporary translation of early California architecture, developed as a combination of traditional New England and Spanish styles. The proposed floor plans and elevations would provide a variety of massing, wall breaks, colors, and materials. The proposed building materials include stucco, board and batten, and brick. The colors of the buildings would be shades of white and garage doors, doors, and various architectural features would be painted accent colors such as brown, forest green, and red. Enhanced side elevations are also proposed on various buildings adjacent to entrances to the neighborhood, open space areas, and facing I-880. Further, the buildings along Cedar Boulevard would be oriented toward Cedar Boulevard, and their front entrances would face Cedar Boulevard.

Open Space and Landscaping
The Project includes a total of 44,990 sq. ft. of open space area: 33,283 sq. ft. of common open space and 11,707 sq. ft. of private open spaces. The residences would include private open space areas such as decks and porches. The common open space areas would feature a diverse palette of trees, shrubs, and ground cover and include various amenities such as play structures, benches, and pedestrian bridges over bioretention areas. Some common open space areas include stormwater bioretention areas. The larger common open space areas are centrally located, and the Packet Page 153
smaller common open space areas are located at the corners of the neighborhood. All homes connect to the common open space areas via sidewalks and interconnected walkways. Planting pockets with accent plantings are proposed along the sidewalks and walkways within the site. The proposed streetscape along Cedar Boulevard include large landscape areas, a low wall to maintain a clear distinction between the public and private realm, and a meandering sidewalk.

Fences and Walls
Due to the project site’s location adjacent to I-880, the Project includes an 18-foot-tall masonry sound wall with plant pockets for vines along the rear property line and wrap around the northwestern and southwestern boundaries, stepping down from a height of 18 to 10 feet from the rear to the front of the property. This wall assists in reducing highway noise levels. The residential development northwest of the project along Cedar Boulevard known as Cedar Townhomes also included a similar fence due to the site’s location adjacent to I-880.

The Project includes other fences and walls throughout the development including four-foot-tall stucco walls and six-foot-tall fences and gates in the side yard of each residential lot for outdoor storage of store trash, recycling, and organic waste receptacles, four-foot-tall fences around the perimeter of the dog areas, and low stucco walls in front of the residences along Cedar Boulevard.

Parking, Access, and Circulation
The NMC requires that single-unit dwelling uses have two parking spaces per unit within a garage. Therefore, the Project requires 236 parking spaces. The Project proposes a total of 294 parking spaces. Each residence includes two garage parking spaces for a total of 236 residential parking spaces with the remaining 58 parking spaces for guests. The guest parking spaces are parallel and head-in parking spaces on the private streets and within a parking area at the rear of the project site. As will be discussed in later in this report, the project would not meet some parking standards in NMC Chapter 17.23, specifically the minimum dimensions for parallel parking spaces and the minimum parking drive aisle width for 90° (head-in) parking spaces.

The residences are accessed via two driveways from Cedar Boulevard and private streets within the project site. The private streets and courts would provide direct access to the two-car garages on the ground level of each residence. Pedestrian circulation throughout the site would be provided via sidewalks and interconnected walkways.

Utilities
The Project includes the undergrounding of utilities including tie-ins for stormwater, sewer, and water along Cedar Boulevard and the relocation of certain streetlights, fire hydrants, and other on-site utilities. Existing 18-inch stormwater drainpipes in Cedar Boulevard near the southwestern and southeastern corners of the project site would be replaced with 24-inch stormwater lines to serve the project.

Packet Page 154
Off-Site Improvements
The project would include the following off-site improvements:

Sidewalk reconstruction, street tree plantings, and landscape installation on the northeast side of Cedar Boulevard;

1. Two 8-foot tall masonry walls, street tree plantings, and landscape installation on the southwest side of Cedar Boulevard;

2. Traffic signal and crosswalk improvements at the Cedar Blvd and Smith Ave intersection;

3. 4. Traffic median improvements on Cedar Boulevard;
Undergrounding of utilities along Cedar Blvd including tie-ins for storm, sewer, and water;

5. 6. Sidewalk extension across the adjacent public storage property to the northwest;

7. Left turn queue lane extension at the corner of Cedar Blvd and Mowry Avenue; and

8. Bus shelter along the Cedar Boulevard frontage adjacent to Lots 68 & 111.

DISCUSSION/ANALYSIS
General Plan/Zoning Conformity
The Medium Density Residential General Plan designation is intended for garden apartments and condominiums, townhomes, row houses, four- to eight-plexes, and older areas that contain a mix of multi-family and single-family homes within this range.

These areas tend to be multi-family in character but retain some of the characteristics of suburban neighborhoods. Densities in areas with this designation range from 14 to 30 units per net acre. This designation is implemented through RM Residential Medium Density (RM) zoning district.

Pursuant to NMC Section 17.07.020, attached and detached single-unit dwellings are permitted in the RM zoning district. The Project includes attached and detached dwellings and has a density of 21 units per acre, where a minimum density of 14 to 30 units per acre. Therefore, the proposed use is permitted and complies with the required density of both the RM zoning district and Medium Density Residential designation of the General Plan.

The Project is also consistent with several General Plan policies such as Policy LU-1.10 (Vacant and Underutilized Sites) which encourages the development of Newark’s remaining underutilized sites for their highest and best use and Policy LU-1.16 (Planned Unit Development) which encourages the use of the planned unit development approach to accommodate attractive, creative development on sites where traditional zoning standards do not achieve the best design solution. The Project’s consistency with applicable General Plan policies is further discussed in Attachment 1, Exhibit A of this report.

To achieve the required density and provide for greater flexibility in the design of the Packet Page 155
development, the Project requires deviations from some zoning regulations. The requested deviations are outlined in Table 2 below.

Table 2. Zoning Deviations
Required Proposed
Development Standards for
Residential Districts (NMC Table

17.07.030)
Minimum Lot Size 6,000 sq. ft. 1,391 sq. ft.

Minimum Lot Width 60 ft. 21 ft.

Minimum Lot Depth 100 ft. 45 ft.

Minimum Setbacks
Front 20 ft. 3 ft.

Interior Side 5 ft. 3 ft.

Street Side 10 ft. 3 ft.

Rear 20 ft. 3 ft.

Minimum Distance Between
Structures 10 ft. 6 ft.

Maximum Lot Coverage 55% of lot 70%
Minimum Landscaping 25% of lot 16%
Private Open Space Uncovered
areas only
Covered decks
included
Parking Standards (NMC Chapter

17.23)
Parallel Parking Space Dimensions 9 ft. x 19 ft. 8 ft. x 22 ft.

Minimum Parking Drive Aisle Width
for 90 Degree (Head-In) Parking
Spaces
25 ft. 20 ft.

The Applicant also requests an MUP to construct an 18-foot tall masonry sound wall along the rear property line that would wrap around the northwestern and southwestern boundaries, stepping down from a height of 18 to 10 feet from the rear to the front of the property. Pursuant to NMC Section 17.17.040, wall heights greater than eight feet are permitted with the approval of an MUP. The environmental noise study prepared for the Project (see Attachment 1, Exhibit E) determined the proposed wall would be required to meet General Plan Policy EH-7.4. This policy requires the noise levels in residential areas to be limited to 60 db, or to the greatest extent feasible when levels are exceeded due to freeways and other noise-reduction measures. Exterior noise levels would be reduced up to 65 dB with the construction of the proposed sound wall.

Requested Entitlements
Packet Page 156
Requested Entitlements
Planned Development Overlay District
The Project requires a Planned Development (-PD) Overlay District to allow for the proposed development. Pursuant to NMC Chapter 17.12, a -PD overlay district provides for better-coordinated development and incorporates development standards crafted to respond to site conditions in order to provide for greater flexibility in the design of the developments than is otherwise possible through the strict application of zoning district regulations. A -PD overlay district also ensures compliance with the general plan and promotes creativity in building design and innovation in development concepts.

As discussed in previous sections, the Project requires deviations from some zoning regulations. The requested deviations are outlined in Table 2 in the previous section. A PD plan and zoning amendment requires the findings outlined in NMC Section

17.12.060.

The Project would have a net density of 21 units per acre which is consistent with envisioned density for the Medium Density Residential General Plan designation. The project would not have a substantial adverse effect on surrounding land uses and would be compatible with the existing and planned land use character of the surrounding area. The zoning for project site and properties north of Cedar Boulevard was rezoned to Residential Medium Density in the mid-2010’s to facilitate the conversion of the properties on this side of Cedar Boulevard to medium-density residential use. Since the zoning amendment was adopted, medium-density residential development has been entitled and constructed to the northwest and southeast of the project site along Cedar Boulevard. Further, as will be discussed in the next section, the development generally complies with applicable adopted design guidelines.

Adequate design features for automobile and public utility services would be provided.

The Project would not result in a reduction of traffic levels of service or public services that would be detrimental to public health, safety, or welfare. Access to the project site would be provided via two driveways from Cedar Boulevard and private streets within the project site. The private streets and courts would provide direct access to the two-car garages on the ground level of each unit. The Project includes several on- and offsite improvements including a new traffic signal at the Cedar Boulevard and Smith Avenue intersection, a left turn queue lane extension at the corner of Cedar Boulevard and Mowry Avenue, traffic median improvements on Cedar Boulevard, undergrounding of utilities along Cedar Blvd including tie-ins for storm, sewer, and water, relocation of certain street lights, fire hydrants, and other on-site utilities, and a sidewalk extension across the adjacent public storage property to the northwest. A new bus shelter on the project site along the Cedar Boulevard frontage is also proposed to serve bus routes along Cedar Boulevard.

The required findings for a -PD overlay district can be made in the affirmative and are provided in Exhibit A of Attachment 1 of this report.

Packet Page 157
Design Review
Pursuant to NMC Section 17.34.020, design review is required for all projects that require a permit for new construction, reconstruction, rehabilitation, alteration, or other improvements to the exterior of a structure, site, or a parking area. Design review ensures that new development supports the goals and objectives of the General Plan and other adopted plans and guidelines.

Throughout the review process, the Applicant has made several enhancements and refinements to the Project. The proposed architectural style is a contemporary translation of the traditional architecture commonly found in neighborhoods synonymous to early California architecture, developed as a combination of traditional New England and Spanish styles. The proposed floor plans and elevations provide a variety of massing, wall breaks, colors, and materials that would complement and blend harmoniously with each other. Enhanced side elevations are also proposed on various buildings adjacent to entrances to the neighborhood, open space areas, and facing I-880. Further, the proposed landscaping and open space areas would complement the buildings and enhance the appearance of the site.

NMC Section 17.34.060 establishes the necessary findings for approval of design review and the required findings can be made in the affirmative and are provided in Exhibit A of Attachment 1 of this report.

Minor Use Permit
Pursuant to NMC Section 17.17.040, fences, walls, hedges, and related structures are limited to a maximum of six feet when located outside of the front yard or four feet of a street side lot line. A wall height greater than six feet may be approved with an MUP.

The Project includes an 18-foot-tall masonry sound wall along the rear property line that would wrap around the northwestern and southwestern boundaries, stepping down from a height of 18 to 10 feet from the rear to the front of the property. This wall will assist with reducing outdoor noise levels from I-880 to meet General Plan Policy EH-7.4 to limit noise levels to 60 dB in residential areas, or to the greatest extent feasible when levels are exceeded due to freeways and other noise-reduction measures. Exterior noise levels would be reduced up to 65 dB with the construction of the proposed sound wall.

The required findings for approval of an MUP for additional fence height can be made in the affirmative and are provided in Exhibit A of Attachment 1 of this report.

Vesting Tentative Map
The Applicant has submitted Vesting Tentative Tract Map 8583 to allow for a 124-lot residential subdivision on an approximately 7.76-acre site: 118 residential lots and six common lots for the private streets and common open space areas (see Attachment 1, Exhibit D). Residential lot sizes would range from 1,391 to 3,484 sq. ft. Lot A would include the private streets and courts and total 99,742 sq. ft. Lots C through F would include the common open space areas ranging from 2,405 to 10,775 sq. ft. in size. A Packet Page 158
5-foot-wide right-of-way dedication for Cedar Boulevard is also proposed at the front of the property. The City Council must deny approval of a tentative map if it makes any of the findings in California Government Code Section 66474.

The proposed tentative tract map is consistent with the General Plan as the property is developed by street and parcel improvements in conformance with applicable goals and policies. The proposed map meets the density requirement of the RM zoning district and land use designation. The proposed map and improvements would be constructed per the Planned Development Plan and satisfy the proposed conditions of approval (see Attachment 1). The project site is physically suitable for the development type and proposed density of development. Further, the proposed project was reviewed pursuant to the California Environmental Quality Act (CEQA), as will be discussed in the next section, and determined that it would not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

Based on staff’s analysis and as discussed, the findings provided in Exhibit A of Attachment 1 support the approval of Vesting Tentative Tract Map 8583.

Community Meeting
The Applicant held a community meeting on December 8, 2021 at 5:30 pm at the Silliman Activity and Family Aquatic Center. Notices were sent to property owners within 500 feet of the project site inviting them to attend the meeting. The notice also included the Applicant’s contact information in the event a property owner could not attend and wanted to set up a separate time to meet and discuss the project.

There were a total of 12 participants at the meeting. During the meeting, the Applicant presented the proposed development and provided an opportunity for participants to discuss the Project and pose any questions. The Applicant answered questions about the proposed development and how the businesses currently occupying the project site would be affected and any relocation assistance that would be provided. No written comments were received.

Required Noticing
Pursuant to NMC Sections 17.31.060 and §17.35.050, on May 9, 2023, a public hearing notice was published in The Tri City Voice and mailed to all property owners within a minimum 500-foot radius of the project site, all neighborhood and community organizations that have filed a written request for notice of projects in the area where the site is located, and all persons and groups who have filed a written request for notice regarding the specific application.

FISCAL IMPACT
Packet Page 159
As described in NMC Chapter 3.24, the City has established fees that are imposed upon projects for the purpose of mitigating the impacts that the projects have upon the City's ability to provide public facilities. Based on the Fiscal Year 2022-2023 fee schedule, the Project would be subject to the following impact fees:

Park Impact: $30,580/unit
Public Safety: $4,222/unit
Community Service/Facilities: $2,827/unit
Transportation: $6,084/single-family residential unit, $3,163/townhome unit.

Since the proposed traffic signal would be identified as a priority improvement by the City, the applicant would receive a traffic impact fee credit for the total cost of the traffic signal improvements not to exceed $500,000 (see Condition of Approval gg.4 in Attachment 1, Exhibit C).

Housing Impact: $24.51/sq. ft. for the first 1,000 sq. ft. and $9.82/sq. ft. above 1,000 sq. ft.

Art in Public Places: $270/unit
Community Development Maintenance Fee: 0.5% of construction value The Applicant would be responsible for remitting the respective impact fees in effect at the time, prior to the issuance of any building permits for the Project. The collection of the impact fees is also included in the conditions of approval for the Project (see Attachment 1, Exhibit C).

ENVIRONMENTAL/PLANNING COMMISSION REVIEW
California Environmental Quality Act
Staff retained the consultant services of M-Group to prepare an Initial Study (“IS”) for the Project in accordance with the CEQA Guidelines Section 15063. The IS examined the nature and extent of potentially adverse effects on the environment that could occur if the Project is approved and implemented (see Attachment 1, Exhibit E).

Staff has reviewed the IS for the Project and based upon substantial evidence in the record, finds that all potentially significant effects of the Project, as identified in the IS, can and will be avoided or mitigated to a less than significant level through typical construction-period requirements imposed on the Project. Based on the review and pursuant to Public Resources Code Section 21080(c)(2) and CEQA Guidelines §15070, the City has prepared a Mitigated Negative Declaration (“MND”) for the Project. An MND is a statement by the City that the Project will not have a significant effect on the environment if the Project incorporates the mitigation measures identified during the environmental review process.

Public Review
The Draft IS/MND was made available for review by state agencies and the public from December 21, 2022 through January 20, 2023 on the State Clearinghouse’s website, the City’s website, and City Hall and a Notice of Intent (“NOI”) to adopt the MND was filed on December 21, 2022 to the Alameda County Clerk. Additionally, per CEQA Guidelines Section 15072(b)(3), notices were mailed to property owners within a 500’ Packet Page 160
radius of the project site on April 11, 2023 and the IS/MND was made available for their review through May 1, 2023.

Comments
The City received comments on the Draft IS/MND from the California Department of Transportation (“Caltrans”) and Alameda County Water District (“ACWD”). ACWD’s comments were received subsequent to the Planning Commission hearing and recommendation on the Project.

Caltrans requested that the existing planting and irrigation within Caltrans’ right-of-way be maintained and the proposed sound wall along the rear property line match and complement the existing walls along the I-880 corridor. Caltrans also reminded the City that any permanent work or temporary traffic control that encroaches onto Caltrans’ right-of-way will require a Caltrans encroachment permit.

ACWD’s comments were related to protection of groundwater supply and the hazardous materials, stormwater management, and utilities and service systems discussions in the IS/MND. ACWD requested that the presence of hazardous materials, unrelated to the Leaking Underground Fuel Tank (“LUFT”) cases on the project site, and potential impacts to the existing water infrastructure and groundwater supply be addressed. ACWD reminded the City that the Applicant must coordinate the design and installation of the bioretention areas with ACWD and must coordinate with ACWD on all required ACWD permits.

After review of ACWD’s comments, the Hazards and Hazardous Materials Setting discussion on page 63 of the IS/MND was revised to include a discussion of the presence of hazardous materials unrelated to the LUFT cases on the project site.

Mitigation Measure HAZ-1 was also revised to clarify that the Applicant must provide evidence to the City demonstrating that they have addressed any recognized environmental condition (“REC”) on the project site, per the direction and to the satisfaction of the applicable regulatory agencies (e.g. San Francisco Regional Water Quality Control Board (“SFRWQCB”), ACWD, Alameda County Department of Environmental Health). The applicant must also retain the services of a qualified professional to prepare a Risk Management Plan (“RMP”), which shall establish protocols and measures to address known and presently unknown environmental conditions. The RMP shall be implemented during site preparation and grading activities under the approving regulatory agency's oversight and at the applicant's cost.

Pursuant to CEQA Guidelines Section 15074, the City reviewed and considered all comments received on the IS/MND. Responses to Caltrans and ACWD’s comments are provided in Exhibit G of Attachment 1 of this report. This document serves as the Final IS/MND. The Draft IS/MND, Mitigation Monitoring and Reporting Program (“MMRP”), and the CEQA Findings of Fact are provided in Exhibits B, E, and F of Attachment 1 of this report.

Planning Commission
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The Planning Commission considered the Project at a regular public hearing held on March 14, 2023. Staff and the Applicant’s development team presented and answered questions from the Planning Commission. After consideration, the Planning Commission voted 4-0 (Commissioner Bogisich was absent) to recommend City Council approval of the Project.

REVIEW AND APPROVAL
Prepared by - Carmelisa Lopez, Senior Planner
Reviewed by - Steven Turner, Community Development Director Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Attachment 1 - Robson Resolution
Exhibit A - Findings of Fact
Exhibit B - Statement of CEQA Findings of Fact
Exhibit C - Conditions of Approval FINAL_Revised 5-19-23 Exhibit D - PD Plans (Project Plans)
Exhibit E - Draft IS/MND
Exhibit F - Mitigation Monitoring & Reporting Program
Exhibit G - Response to IS/MND Comments (Final IS/MND)
Attachment 2 - Robson PD Overlay Ordinance
Staff Presentation
Applicant Presentation
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P2021-002
Resolution No. ____ 1 of 5
RESOLUTION NO. ____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPROVING P2021-002, A PLANNED

DEVELOPMENT PLAN, DESIGN REVIEW, A MINOR USE

PERMIT, AND A VESTING TENTATIVE MAP AND

ADOPTING A MITIGATED NEGATIVE DECLARATION

SUPPORTED BY AN INITIAL STUDY IN ACCORDANCE

WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
FOR A 118-UNIT RESIDENTIAL DEVELOPMENT LOCATED
AT 38288-38594 CEDAR BOULEVARD (APNS 92A-2375-002-
06, 92A-2375-022-01)
WHEREAS, Robson Homes LLC (the “Applicant”), has filed an application for a Planned Development Overlay District, a Planned Development Plan, Design Review, a Minor Use Permit, and a Vesting Tentative Map with the City of Newark to construct a 118-unit residential development comprised of single-family residences and two-unit attached townhouses (duets) on a 7.76-acre site located at 38288-38594 Cedar Boulevard (APNs 92A-2375-002-06, 92A-2375- 022-01) (the “Property”) (the “Project” as illustrated in Exhibit D); and WHEREAS, the Property is a 7.76-acre property consisting of four legal lots that have a General Plan Land Use designation of Medium Density Residential and are currently zoned RM Residential Medium Density; and
WHEREAS, the Applicant seeks approval of an Ordinance pursuant to Newark Municipal Code (NMC) Chapter 17.12 to establish a Planned Development Overlay District to allow for the Project; and
WHEREAS, the Applicant proposes a Planned Development Plan (included as Exhibit D) for the requested Planned Development Overlay District; and WHEREAS, the Applicant seeks approval of a Design Review entitlement, which pursuant to NMC Section 17.34.020 is required for all projects that require a permit for new construction, reconstruction, rehabilitation, alteration, or other improvements to the exterior of a structure, site, or a parking area; and
WHEREAS, the Applicant seeks approval of a Minor Use Permit (“MUP”) for the proposed 18-foot tall masonry sound wall along the rear property line that will wrap around the northwestern and southwestern boundaries, stepping down from a height of 18 to 10 feet from the rear to the front of the property, which pursuant to NMC Section 17.17.040, requires an MUP to allow a wall height greater than six feet; and
WHEREAS, the Applicant seeks approval of Vesting Tentative Tract Map 8583 to allow for the construction of the Project. Vesting Tentative Tract Map 8585 includes 118 residential lots ranging from 1,391 to 3,484 square feet in size, six common lots for the private streets and common open space area, and a 5-foot-wide right-of-way dedication (approximately 5,085 square feet) at Packet Page 163
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the Property’s frontage to the City’s public-right-way; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000 et seq) (“CEQA”), the State of California Guidelines for the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the “CEQA Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental documents for the Project; and
WHEREAS, staff retained the consultant services of M-Group to prepare an Initial Study (“IS”) (included as Exhibit E) for the Project in accordance with California Environmental Quality Act (CEQA) Guidelines Section 15063. The IS examined the nature and extent of potential adverse effects on the environment that could occur if the Project is approved and implemented; and WHEREAS, staff has reviewed the IS for the Project and based upon substantial evidence in the record, find that all potentially significant effects of the Project, as identified in the IS, can and will be avoided or mitigated to a less than significant level by project revisions or other requirements imposed on the Project; and
WHEREAS, based on the review and pursuant to Public Resources Code Section 21080(c)(2) and CEQA Guidelines Section 15070, the City has prepared a Mitigated Negative Declaration (“MND”) for the Project. An MND is a statement by the City that the Project will not have a significant effect on the environment if the Project incorporates revisions (mitigation measures) identified during the environmental review; and WHEREAS, the IS/MND was made available for public review from December 21, 2022 through January 20, 2023 on the State Clearinghouse’s website, the City’s website, and City Hall and a Notice of Intent (NOI) to adopt the MND was filed on December 21, 2022 to the Alameda County Clerk. Additionally, per CEQA Guidelines Section 15072(b)(3), notices were mailed to property owners within a 500’ radius of the project site on April 11, 2023 and the IS/MND was made available for their review through May 1, 2023; and WHEREAS, the City received comments on the IS/MND from the California Department of Transportation (“Caltrans”) and the Alameda County Water District (“ACWD”) on the IS/MND. Pursuant to CEQA Guidelines Section 15074, the City reviewed and considered all comments received on the IS/MND (response to comments serves as the Final IS/MND and is included as Exhibit G); and
WHEREAS, the Planning Commission held a duly noticed public hearing on March 14, 2023, and after fully considering the Project, entitlements, staff report, findings of fact, conditions of approval, public comments, and all other testimony and evidence presented at the public hearing, recommended City Council approval of the Project and adoption of the MND supported by an IS in accordance with CEQA; and
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WHEREAS, pursuant to NMC Section 17.31.060 and Section 17.35.050, a public hearing notice was published in The Tri City Voice on May 9, 2023 and mailed as required for a public hearing before the City Council at, or after, 7:00 p.m. on May 25, 2023; and WHEREAS, the City Council held a public hearing on May 25, 2023, and fully considered the Project, entitlements, staff report, findings of fact, conditions of approval, public comments, and all other testimony and evidence presented at the public hearing; and WHEREAS, the City Council finds that the staff report and standards for approval reflects the City’s independent judgement and analysis of the Project; and WHEREAS, the City Council finds that the Project satisfies the requisite findings of fact necessary for approval as further explained in the staff report and the findings of fact associated with this Resolution, as identified in Exhibit A; and
WHEREAS, based upon a thorough review of the Project and the IS/MND dated December 2022 (included as Exhibit E), and the record as a whole, the City Council finds and determines that the IS/MND has been prepared in compliance with the requirements of CEQA; and serves as the appropriate environmental documentation for the Project, based on the Statement of CEQA Findings of Fact and accompanying Mitigation Monitoring Reporting and Program (“MMRP”) provided in Exhibits B and F; and
WHEREAS, the City’s General Plan and the Zoning Code are incorporated herein by reference and are available for review at City Hall during normal business hours and on the City’s website.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark as follows:

Section 1. That the forgoing recitals are true and correct and made part of this Resolution.

Section 2. The Record of Proceedings (“Record”) upon which the City Council bases its findings includes, but is not limited to: 1) the staff report, City files and records and other documents, prepared for and/or submitted to the City relating to the IS/MND, the Project, the Project’s associated development entitlement requests; 2) all designs, plans, studies, data and correspondence submitted by the City in connection with the IS/MND, the Project, and the Project's associated development entitlement requests (illustrated in Exhibit D), 3) the IS/MND and the appendices and technical reports cited in and/or relied upon in preparing the IS/MND (provided in Exhibit E); 4) the evidence, facts, findings and other determinations set forth in this resolution; 5) the City of Newark General Plan and its related EIR, and the NMC; 6) all documentary and oral evidence received at public workshops, meetings, and hearings, the Project, and the Project’s associated development entitlement requests; 7) all other matters of common knowledge to the City decision maker including, but not limited to, City, state, and federal laws, policies, rules, regulations, reports, records and projections related to development within the City of Newark and its surrounding areas.

The location and custodian of the records is the City of Newark Community Development Department, 37101 Newark Boulevard, Newark, California, 94560.

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Section 3. The City Council of the City of Newark hereby adopts the IS/MND dated December 2022, complete with the included Statement of CEQA Findings of Fact set forth in Exhibit B attached hereto and incorporated herein by reference, and based thereon and on the Record as a whole. The City Council hereby finds that all significant environmental effects of the Project and its associated development entitlement actions have been reduced to a less-than-significant level in that all significant environmental effects have been avoided or mitigated as set forth in the IS/MND. Based upon the foregoing, the City Council finds and determines, on the basis of the whole record before it (including the initial study and any comments received), that there is no substantial evidence that the Project and its associated actions will not have a significant effect upon the environment and that the IS/MND reflects the lead agency’s independent judgment and analysis.

Section 4. The City Council hereby adopts the mitigation measures set forth in the IS/MND and its accompanying MMRP, set forth in Exhibits E and F, pursuant to Public Resources Code §21081.6, which is a program designed to ensure compliance with the mitigation measures imposed to avoid or substantially lessen the significant effects identified in the IS/MND and said mitigation measures are described in the MMRP included therein and incorporated herein by reference.

Section 5. The City Council hereby makes the necessary findings and determinations required by the NMC to approve a Planned Development Plan, Design Review, a Minor Use Permit, and a Vesting Tentative Map for the Project, as further explained in the staff report and findings of fact for approval as set forth in Exhibit A attached hereto and incorporated herein by this reference.

Section 6. Based on the findings and determinations, the City Council hereby approves P2021- 002, for a a Planned Development Plan, Design Review, a Minor Use Permit, and a Vesting Tentative Map and adoption of an MND supported by an IS in accordance with the CEQA allowing for a residential development at 38288-38594 Cedar Boulevard (APNs 92A-2375-002-06, 92A2375-022-01), subject to the Conditions of Approval, as further set forth in Exhibit C attached hereto and incorporated herein by this reference.

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This Resolution was introduced at the City of Newark City Council’s May 25, 2023 regular meeting by Council Member _________________________, seconded by Council Member _________________________, and passed as follows:

Attachments
Exhibit A – Findings of Fact
Exhibit B – Statement of CEQA Findings of Fact
Exhibit C – Conditions of Approval
Exhibit D – Planned Development Plan (Project Plans)
Exhibit E – Draft Initial Study and Mitigated Negative Declaration (IS/MND), December 2022 Exhibit F – Mitigation Monitoring and Reporting Program, December 2022 Exhibit G – Response to Comments on the Draft Initial Study & Mitigated Negative Declaration, May 2023 (Final IS/MND)
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Exhibit A

FINDINGS OF FACT
P2021-002
38288-38594 Cedar Boulevard
Alameda County Assessor’s Parcel Numbers 92A-2375-002-06 and 92A-2375-022-01 Planned Development Overlay District (Newark Municipal Code [NMC] Chapter 17.12) The project’s zoning deviations from the RM Residential Medium Density zoning district development standards in NMC Table 17.07.030 and parking standards in NMC Chapter 17.23 are as follows:

Table 1. Zoning Deviations
Required Proposed
Development Standards for Residential
Districts (NMC Table 17.07.030)
Minimum Lot Size 6,000 sq. ft. 1,391 sq. ft.

Minimum Lot Width 60 ft. 21 ft.

Minimum Lot Depth 100 ft. 45 ft.

Minimum Setbacks
Front 20 ft. 3 ft.

Interior Side 5 ft. 3 ft.

Street Side 10 ft. 3 ft.

Rear Side 20 ft. 3 ft.

Minimum Distance Between Structures 10 ft. 6 ft.

Maximum Lot Coverage 55 % of lot 70%
Minimum Landscaping 25% of lot 16%
Private Open Space Uncovered areas
only
Covered decks
included
Parking Standards (NMC Chapter 17.23)
Parallel Parking Space Dimensions 9 ft. x 19 ft. 8 ft. x 22 ft.

Minimum Parking Drive Aisle Width for 90°
(Head-In) Parking Spaces
25 ft. 20 ft.

A Planned Development (PD) plan and zoning amendment shall only be approved if the findings in NMC §17.12.060 can be made.

A. The proposed development is consistent with the general plan and any applicable specific plan, including the density and intensity limitations that apply.

The proposed development is consistent with the General Plan. The Project will have a proposed density of 21 units per net acre which is within the 14 to 30 units per net acre density envisioned for the General Plan Medium Density Residential Land Use Designation. The Packet Page 168
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Project is consistent with many of Newark’s General Plan goals, policies, and actions including, but not limited to:

Policy LU-1.10 Vacant and Underutilized Sites – Encourage the development of Newark's remaining vacant and underutilized sites for their highest and best use, consistent with the designations shown on the General Plan Diagram. Future growth in the city should generally be directed to the areas identified in this General Plan. The Project proposes the envisioned land use and density for the Medium Density Residential General Plan land use designation, the land use designation for this property.

Policy LU-1.16 Planned Unit Development – Use the planned unit development approach or form based zoning codes to accommodate attractive, creative development on sites where traditional zoning standards do not achieve the best design solution. The deviations to the zoning regulations requested provides greater flexibility in the design of the development and promotes creativity in building design and innovation in development concepts. With the requested -PD overlay district, the development will result in 118 high-quality single-family residences and two-unit attached townhouses (duets).

Policy LU-2.7 Design Guidelines – Maintain design guidelines and a design review process that applies to building and site design throughout the city. The Project requires a Design Review entitlement and conforms with the required findings in NMC §17.34.060.

Policy LU-4.12 Fences and Gates – Ensure that fences, gates, railings, walls, and other site elements intended to provide safety, security, and privacy are designed to be compatible with each other, with adjacent structures, and with the neighborhood context. Fence, wall, or hedge designs which obscure lines of sight for motorists, or create potential conflicts between pedestrians and cars, should be avoided. The proposed fences, walls, and other site elements are designed to complement the building and site design and blend harmoniously with the neighborhood context.

Policy T-2.2 Pedestrian Facilities – Work to close gaps in the pedestrian network and improve sidewalk connectivity between residential and commercial areas. Develop curbs, gutters, sidewalks on all remaining Newark streets not yet fully improved to encourage safe, convenient pedestrian travel. The proposed subdivision will dedicate approximately 5,085 sq. ft. of the site’s frontage to the City’s public-right-way that will contribute towards public improvements and help close the pedestrian network gap on Cedar Boulevard between Smith Avenue and Moores Avenue. The Project will also include a sidewalk extension across the adjacent public storage property to the northwest of the project site to connect to the sidewalk in front of the adjacent residential development northwest of the public storage property.

Action T-5.A Traffic Study Requirements – Require traffic studies for major new developments to determine projected impacts on the transportation system, and the measures required to maintain adopted levels of service (LOS). The Traffic Impact Assessment prepared for the Project (see the appendices in Exhibit E) concluded that traffic generated by the Project will not cause an increase in vehicle miles traveled that will exceed applicable thresholds. The assessment also recommended coordination with the City to determine if a traffic signal should Packet Page 169
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be installed at the intersection of Cedar Boulevard and Smith Avenue, a southbound left-turn pocket at the intersection of Cedar Boulevard and Mowry Avenue should be extended, and if a left turn median refuge along Cedar Boulevard in front of the Project site should be installed.

The Applicant has discussed these improvements with the City and included them as part of the Project.

Action EH-4.J Phase I Assessments – Require a Phase I Environmental Site Assessment (ESA) when a property is changed from an existing use to a more sensitive use (for example, industrial to residential). If potential hazardous materials issues are identified, ensure they are investigated and that sites are cleaned to regulatory agency standards prior to development. A Phase I ESA was prepared for the Project (see the appendices in Exhibit E) was used to prepare the environmental hazards analysis in the IS/MND for the project. As conditioned, the Project will be cleaned to regulatory agency standards prior to the grading permit stage.

Policy EH-7.4 Residential Noise Standard – Exterior – Plan for and implement strategies to maintain exterior noise levels that are consistent with the noise compatibility guidelines in Table EH-2. For residential areas, this limit is 60 dBA Ldn for outdoor living areas. Where this level is exceeded due to freeways, arterials, and/or railroads, the construction of berms, walls, buffer zones, and other noise-reduction measures to reduce noise to the greatest extent feasible will be required. The proposed 18-foot-tall masonry sound wall along the rear property line that will wrap around the northwestern and southwestern boundaries will reduce exterior noise levels up to 65 dB, which is the extent feasible due to the adjacent freeway.

Action HW-1.F Health Risk Assessments – Require submittal of a Health Risk Assessment (HRA) for applicants proposing major development or redevelopment within 1,000 feet of the I-880 or SR 84 freeways. For projects where the incremental cancer risk exceeds ten in one million, PM2.5 concentrations exceed 0.3 μg/m3, or the appropriate non-cancer hazard index exceeds 1.0, the HRA shall identify mitigation measures capable of reducing potential risks to acceptable levels. A health risk assessment was prepared for the Project (see the appendices in Exhibit E) was used to prepare the applicable analysis in the IS/MND for the project. As conditioned and with the implementation of the mitigation measures in the MMRP (see Exhibit F), the Project will reduce potential risks to acceptable levels for residential use. 2015 Housing Element Update Housing Priority #2 – Assist in the development of housing opportunities and accessibility for all economic levels in the City. The Project will create118 market-rate residential units. The Applicant will also pay the Affordable Housing Impact Fee for the Project at building permit issuance which will go into the Affordable Housing Impact Fee that will be used to fund the City’s affordable housing initiatives and programs.

Based on this analysis, this finding can be made in the affirmative.

B. Adequate transportation facilities and public services exist or will be provided in accord with the conditions of development plan approval, to serve the proposed development; and the approval of the proposed development will not result in a reduction of traffic levels of service or public services so as to be a detriment to public health, safety, or welfare.

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Adequate transportation facilities and public services will be provided, and the approval of the Project will not result in a reduction of traffic levels of service or public services that will be detrimental to public health, safety, or welfare. Access to the proposed 118 units will be provided via two driveways from Cedar Boulevard and private streets within the project site.

The private streets and courts will provide direct access to the two-car garages on the ground level of each unit. The Project will include a total of 294 parking spaces. Each residence will include two garage parking spaces for a total of 236 residential parking spaces. The remaining 58 parking spaces will be for guests. The guest parking spaces will be parallel and head-in parking spaces on the private streets and a parking area at the rear of the project site.

The Project also includes several on- and offsite improvements including a new traffic signal at the Cedar Boulevard and Smith Avenue intersection, a left turn queue lane extension at the corner of Cedar Boulevard and Mowry Avenue, traffic median improvements on Cedar Boulevard, undergrounding of utilities along Cedar Boulevard including tie-ins for storm, sewer, and water, relocation of certain street lights, fire hydrants, and other on-site utilities, and a sidewalk extension across the adjacent public storage property to the northwest. A new bus shelter along the Cedar Boulevard frontage is also proposed to serve bus routes along Cedar Boulevard.

This finding can be made in the affirmative.

C. The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area.

The Project will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area. The zoning for this site and properties north of Cedar Boulevard were rezoned to Residential Medium Density in the mid-2010’s to facilitate the conversion of the uses on these properties to residential. Since the zoning amendment was adopted, medium-density residential development has been approved and constructed northwest of the project site along Cedar Boulevard known as Cedar Townhomes. An existing single-family residential neighborhood is also located across from Cedar Boulevard and within the greater project vicinity. With the exception of a few properties with existing commercial uses along Cedar Boulevard and a school and church use across from Cedar Boulevard, the project site is generally surrounded by residential uses.

D. The development generally complies with applicable adopted design guidelines.

The overall design of the Project including its scale, massing, site plan, exterior design, landscaping, and open space areas enhances the appearance and features of the project site and its immediate surrounding. The Project promotes high-quality design and well-crafted and maintained buildings. The landscaping is compatible with and enhances the architectural character and features of the homes and helps relate the structures to the surrounding landscape.

Project details, materials, and landscaping are designed to be internally consistent, fully integrated with one another, and used in a manner that is visually consistent with the Packet Page 171
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architectural design as well as the intended character of the area. The Project’s compliance with the required Design Review findings are further discussed in the next section. This finding can be made in the affirmative.

E. The proposed development is demonstratively superior to the development that could occur under the standards applicable to the underlying base district, and will achieve superior community design, environmental preservation and/or substantial public benefit.

The project site is zoned Residential Medium Density. The Project will be classified as attached and detached dwellings uses which are permitted in this zoning district. The proposed density of 21 units per net acre is also within the required density of 14 to 30 units per net acre. The deviations to the zoning regulations requested will allow the development standards to be crafted to respond to site conditions and provide for greater flexibility in the design of the developments than is otherwise possible through the strict application of zoning district regulations. It will also promote creativity in building design and innovation in development concepts. With the requested -PD overlay district, the development will result in 118 highquality single-family residences and two-unit attached townhouses (duets) which is superior to the development that could otherwise occur under the standards applicable to the underlying zoning district. This finding can be made in the affirmative.

Design Review (NMC §17.34.060)
When conducting design review, the project shall be evaluated to ensure it satisfies the criteria below to the extent applicable.

A. The overall design of the project including its scale, massing, site plan, exterior design, and landscaping will enhance the appearance and features of the project site and surrounding natural and built environment.

The overall design will enhance the appearance of the project site and surrounding environment. The proposed architectural design is a contemporary translation of early California architecture, developed as a combination of traditional New England and Spanish styles. The proposed floor plans and elevations will provide a variety of massing, wall breaks, colors, and materials. The proposed buildings will include various materials and colors that will enhance the building facades and highlight various architectural features. Enhanced side elevations are also proposed on various buildings adjacent to entrances to the neighborhood, open space areas, and facing I-880.

The proposed landscaping and common open space areas will also complement the buildings and enhance the project site and surrounding natural and built environment. The common open space areas will include various amenities such as play structures, benches, and pedestrian bridges over bioretention areas. The landscaping for the Project will feature a diverse palette of trees, shrubs, and ground cover. Planting pockets with accent plantings are proposed along the sidewalks and walkways within the site.

This finding can be made in the affirmative.

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B. The project design is appropriate to the function of the project and will provide an attractive and comfortable environment for occupants, visitors, and the general community.

The proposed homes will be three stories with habitable floor areas ranging from 1,961 to 2,589 square feet (sq. ft.). The project proposes a village concept with homes staggered and set back from each other to provide visual relief and landscape opportunities. The proposed floor plans and elevations will provide a variety of massing, wall breaks, colors, and materials.

Pockets of open space areas are proposed throughout the site and will include various amenities such as play structures and benches for the enjoyment of the future residents and guests. The project site will also feature extensive use of internal paseos and walkways to facilitate internal pedestrian circulation and connections to open space areas and streets. Further, the proposed streetscape along Cedar Boulevard will enhance Cedar Boulevard with large landscape areas, street trees, a low wall to maintain a clear distinction between the public and private realm, and a meandering sidewalk to match the meandering sidewalks in front of the residential development northwest of the project site. This finding can be made in the affirmative.

C. Project details, materials, signage and landscaping, are internally consistent, fully integrated with one another, and used in a manner that is visually consistent with the proposed architectural design.

The homes will include attractive and high-quality colors and materials such as stucco, board and batten, brick and a white, brown, green, and red color palette. As mentioned, the homes will be staggered and set back from each other to provide visual relief and landscape opportunities. The proposed landscaping will complement the homes and be fully integrated with the overall design of the project. This finding can be made in the affirmative.

D. The design of streetscapes, including street trees, lighting, and pedestrian furniture, is consistent with the intended character of the area.

The proposed design of the streetscape will be consistent with the intended character of the area. The proposed streetscape along Cedar Boulevard will include large landscape areas, street trees, streetlights, a low wall to maintain a clear distinction between the public and private realm, and a meandering sidewalk to match the meandering sidewalks in front of the residential development northwest of the project site. The Project will also include a bus shelter along the Cedar Boulevard frontage and a sidewalk extension across the adjacent public storage property to the northwest of the project site to connect to the sidewalk in front of the adjacent residential development northwest of the public storage property. Further, the Project will also include offsite improvements that will enhance and be compatible with the character of the area such as traffic signal and crosswalk improvements at the Cedar Boulevard and Smith Avenue intersection and traffic median improvements in front of the project site on Cedar Boulevard.

These streetscape improvements will adhere to the City’s streetscape standards. This finding can be made in the affirmative.

E. Parking areas are designed and developed to buffer surrounding land uses; compliment pedestrian-oriented development; enhance the environmental quality of the site, including Packet Page 173
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minimizing stormwater run-off and the heat-island effect; and achieve a safe, efficient, and harmonious development.

The City’s off-street parking requirement will be satisfied by the provision of a two-car garage for each unit for a total of 236 residential parking spaces. A total of 58 guest parking spaces will also be provided on the private streets and a parking area at the rear of the project site. The parking spaces will be accessed via two driveways on Cedar Boulevard and the private streets and courts throughout the project site. Pedestrian circulation will be achieved via sidewalks and interconnected pathways throughout the project site.

Landscaping along the site perimeter and throughout the site and accent plantings along the sidewalks and walkways within the site will screen the parking areas from Cedar Boulevard and help reduce the heat island effect and stormwater run-off. Bioretention areas will also be installed within common open space areas to minimize stormwater run-off.

This finding can be made in the affirmative.

F. Lighting and lighting fixtures are designed to complement buildings, be of appropriate scale, provide adequate light over walkways and parking areas to create a sense of pedestrian safety, and avoid creating glare.

The Project will include exterior wall-mounted lighting on the ground level of the proposed residences and streetlights along Cedar Boulevard, proposed Street A, and the proposed parking area at the rear of the project site. The proposed lighting will provide adequate light at building entrances and over walkways and parking areas to ensure pedestrian safety. The Project is conditioned to require all exterior lighting to not create glare off-site and comply with all applicable regulations in NMC §17.17.060. This finding can be made in the affirmative.

G. Landscaping is designed to be compatible with and enhance the architectural character and features of the buildings on site, and help relate the building to the surrounding landscape.

The Project will include landscaping around the site boundaries, open common space areas, and along the sidewalks and walkways throughout the site. The proposed landscaping will enhance the pedestrian experience as they travel throughout the site as well as pedestrians walking on the sidewalks along the Project’s street frontage. The diverse landscaping palette will be compatible with the proposed architectural design which will allow them to relate to the surrounding landscape. The Project will be required to conform to all state and local landscaping and water conservation standards. This finding can be made in the affirmative.

Minor Use Permit for Additional Wall Height (NMC Section 17.17.040) Fences, walls, hedges, and related structures are limited to a maximum of six feet when located outside of the front yard or four feet of a street side lot line. A wall height greater than six feet may be approved with a Minor Use Permit if in in compliance with the following:

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A. The additional fence height will not impair the provision of adequate light, air, circulation, and visual openness around adjacent residential structures.

An 18-foot-tall masonry sound wall with plant pockets for vines is proposed along the rear property line and will wrap around the northwestern and southwestern boundaries, stepping down from a height of 18 to 10 feet from the rear to the front of the property. The proposed wall will be required to meet General Plan Policy EH-7.4 which requires the noise levels in residential areas to be limited to 60 decibels (dB), or to the greatest extent feasible when levels are exceeded due to freeways and other noise-reduction measures. The proposed wall will reduce exterior noise levels up to 65 dB. While the additional height may block natural light, the proposed wall will reduce noise from and screen the adjacent highway (I-88) which will be a greater benefit to the future residents. Based on this analysis, this finding can be made in the affirmative.

B. The additional fence height will not detract from the overall appearance of the neighborhood.

The 18-foot-tall section of the sound wall will be located at the rear of the property. It will abut I-880 and match the existing walls along the I-880 corridor. The height of the proposed sound wall will step down along the side property lines from the rear to the front of the property to a height typical for side yards on residential properties. The proposed streetscape along Cedar Boulevard will also include large landscape areas, street trees, a low wall in front of the residences, and a meandering sidewalk. Therefore, the additional height for the proposed sound wall will not detract from the overall appearance of the neighborhood. This finding can be made in the affirmative.

C. The additional fence height is not detrimental to the health, safety, and welfare of people living in the neighborhood.

The additional height for the proposed wall will be a sound barrier for the people living in the neighborhood, reducing exterior noise levels to the extent feasible. The additional height will not be detrimental to the health, safety, and welfare of people living in the neighborhood. This finding can be made in the affirmative.

Vesting Tentative Map (California Government Code §66474) A legislative body of a city or county shall deny approval of a tentative map if it makes any of the following findings:

A. That the proposed map is not consistent with applicable general and specific plans as specified in Government Code §65451.

The General Plan includes numerous goals and policies pertaining to land use and design, growth management, circulation, community facilities and utilities, open space and conservation, health, safety, and noise. The proposed vesting tentative tract map is required to abide by all applicable goals and policies included in the adopted General Plan. Generally, the proposed tentative tract map is consistent with the General Plan in that the property is Packet Page 175
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developed by street and parcel improvements in conformance with applicable goals and policies. This finding can be made in the negative.

B. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

The proposed subdivision meets the density requirement of 14 to 30 units per net acre specified for the RM Residential Medium Density zoning district and the Medium Density Residential General Plan land use designation. The proposed map and improvements will be constructed per Planned Development (PD) Plan (provided in Exhibit C) and satisfy the conditions of approval included in this resolution (provided in Exhibit B). Further, the proposed map will dedicate approximately 5,085 sq. ft. of the site’s frontage to the City’s public-right-way. This five-foot-wide street dedication will contribute towards public improvements and help close the pedestrian network gap on Cedar Boulevard between Smith Avenue and Moores Avenue.

Therefore, the proposed design or improvement of the proposed subdivision is consistent with the General Plan. This finding can be made in the negative.

C. That the site is not physically suitable for the type of development.

The project site is a rectangular property consisting of four legal lots bounded by a personal storage facility to the northwest, I-880 to the northeast, an Alameda County Flood Control & Water Conservation District (ACFCD) channel to the southeast, and Cedar Boulevard to the southwest. The site is generally flat and currently contains several commercial buildings used by automobile repair and parts supply shops, a large metal storage shed for parking of trailers and campers, and paved areas for circulation, parking, and storage. The site is surrounded primarily by residential uses and some commercial, industrial, church, school, and uses.

Based on the technical studies prepared for the Project (provided as appendices attached to Exhibit D), the site is physically suitable for the proposed residential development as conditioned and with the implementation of the mitigation measures in the Mitigation Monitoring & Reporting Program (see Exhibit E).

This finding can be made in the negative.

D. That the site is not physically suitable for the proposed density of development.

E. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

Staff retained the consultant services of M-Group to prepare an Initial Study (IS) for the Project in accordance with the CEQA Guidelines §15063 (see Exhibit D). The IS examined the nature and extent of potentially adverse effects on the environment that could occur if the Project is Packet Page 176
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approved and implemented. Staff reviewed the IS and based upon substantial evidence in the record, find that all potentially significant effects of the project, as identified in the IS, can and will be avoided or mitigated to a less than significant level by project revisions or other requirements imposed on the project. Based on the review and pursuant to Public Resources Code Section 21080(c)(2) and CEQA Guidelines Section 15070, the City prepared a Mitigated Negative Declaration (MND) for the Project. An MND is a statement by the City that the Project will not have a significant effect on the environment if the Project incorporates revisions (mitigation measures) identified during the environmental review. The Mitigation Monitoring and Reporting Program (MMRP) is provided as Exhibit E. Therefore, as conditioned, the design of the tentative tract map and the proposed improvements are not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat. This finding can be made in the negative.

F. That the design of the subdivision or type of improvements is likely to cause serious public health problems.

The Alameda County Fire Department (ACFD), Building Inspection Division, Engineering Division, Planning Division, and Police Department have reviewed the proposed map. Outside agencies that may be affected by the proposed development have also reviewed the proposed map. The applicant has incorporated the recommendations from each department, division, and agency as part of the project design. The Project includes condition of approval that must be addressed at various stages of the project. Therefore, the map is consistent with all applicable provisions of the City’s Subdivision Ordinance, the Subdivision Map Act, the California Fire Code, the California Building Code, and generally, applicable development standards of the Zoning Code, unless otherwise stated in the PD Plan (Exhibit C). This finding can be made in the negative.

G. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

The proposed improvements will not be within public easements and/or right of way. The private streets, courts, parking areas, and common open spaces areas will be maintained through an agreement between future residents, managed by a homeowner’s association. Therefore, as conditioned, the design of the map will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision, in that such easements presently exist and such access will be retained, as currently provided within the Project and to adjacent public streets. This finding can be made in the negative.

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Exhibit B

STATEMENT OF CEQA FINDINGS OF FACT
P2021-002
38288-38594 Cedar Boulevard
Alameda County Assessor’s Parcel Numbers 92A-2375-002-06 and 92A-2375-022-01 The California Environmental Quality Act (CEQA) requires that if an Initial Study (IS)/Mitigated Negative Declaration (MND) identifies one or more potentially significant environmental effects for a proposed project then the lead agency must make certain findings for each of those potentially significant effects. These findings must be accompanied by a brief explanation of the facts supporting each finding. (Pub. Resources Code Section 21081(a).) All CEQA project impacts and mitigation measures, including those discussed below, are analyzed in greater detail in the Project IS/MND which is included as Exhibit E. The Findings of Fact set forth below do not repeat the full discussion of impacts and mitigation measures in the IS/MND and the Record for the Project and its associated development entitlement actions. Instead, the Findings provide a summary of the description of impacts, along with a reference to the location in the IS/MND that describes in detail the setting and potentially significant impacts. The Facts that follow in turn reference the specific mitigation measures for such impacts. All Mitigation Measures (MM) are in the Mitigation Monitoring and Reporting Program (MMRP) provided under Exhibit F and are incorporated herein by reference.

FINDINGS REGARDING POTENTIALLY SIGNIFICANT IMPACTS THAT WILL BE

AVOIDED OR REDUCED TO LESS-THAN-SIGNIFICANT LEVELS BY THE

IMPLEMENTATION OF MITIGATION MEASURES

AIR QUALITY IMPACT
Construction period emissions will be generated from on-site demolitions and construction activity, construction vehicle trips, and evaporative emissions which consists of vaporized fuel emitted into the atmosphere from the fuel system of a motor vehicle. Criteria air pollutant emissions would be less than significant prior to mitigation and will be reduced further with the implementation of MM AQ -1 and AQ-2 (see IS/MND pp. 29 and 32, respectively).

Project related demolition, grading, excavation and building construction activities at the project site would also temporarily generate fugitive dust in the form of PM10 and PM2.5 and larger particles that can cause nuisance impacts. The Bay Area Air Quality Management District (BAAQMD) CEQA Air Quality Guidelines recommend using specific Best Management Practices (BMPs), which has been a practical and effective approach to control fugitive dust emissions. MM AQ-1 includes the BMPs to reduce the impacts to a less-than-significant level.

Further, nearby sensitive receptors could be exposed to pollutants as a result of construction activity. The results of the health risk assessment prepared for the proposed project (see appendices in the IS/MND) indicated that a single-family residence across Cedar Boulevard to the southwest Packet Page 178
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of the project site would be a maximally exposed individual (MEI), where the maximum increased cancer risks from construction exceed the respective BAAQMD single-source thresholds (greater than 10.0 per million for cancer risk). With the implementation of MM AQ-2, the cancer risk from project construction activity will be reduced to a less-than-significant level.

Finding
Based on the Record, the City Council finds that changes or alterations have been required in, or incorporated into, the Project which will avoid or mitigate the potentially significant environmental impact related to construction emissions and temporary construction activity through implementation of the MMs AQ-1 and AQ-2 as identified in the IS/MND, so that environmental effects after mitigation are reduced to a less-than-significant level.

Facts in Support of Finding
MM AQ-1 was proposed in the IS/MND to reduce and/or avoid the Project’s construction emission levels. MM AQ-1 requires the implementation of nine BMPs. MM AQ-2 was also proposed in the IS/MND to reduce diesel particulate matter and other emissions from temporary construction activity and construction equipment.

BIOLOGICAL RESOURCES IMPACT
The existing trees on the Project site could provide nesting habitat and their removal could impact migratory birds that may be nesting on these trees, which has the potential to result in a significant impact. To reduce these potential impacts to nesting birds, the Project shall be required to implement MM BIO-1 (see IS/MND pp. 36-37).

Finding
Based on the Record, the City Council finds that changes or alterations have been required in, or incorporated into, the Project which will avoid or mitigate the potentially significant environmental impact related to nesting birds through implementation of MM BIO-1 as identified in the IS/MND, so that environmental effects after mitigation are reduced to a less-than-significant level.

Facts in Support of Finding
MM BIO-1 was proposed in the IS/MND to reduce and/or avoid the Project’s impact on nesting birds during the bird nesting season. MM BIO-1 requires a pre-construction nesting bird survey conducted by a qualified biologist no more than 14 days prior to the start of construction activities.

If active nests are identified, a disturbance-free buffer shall be established based on the needs of the species. The buffer will require construction fencing along the perimeter of the buffer and biological monitoring of the active nests. No construction or earth-moving activity shall occur within any established nest protection buffer prior to September 1 unless it is determined by a qualified ornithologist/biologist that the young have fledged. Should construction activities cease for 14 consecutive days or more within the nesting season, an additional nesting bird survey shall be required prior to resuming construction if any of the existing trees remain on or are adjacent to Packet Page 179
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the site.

CULTURAL RESOURCES IMPACTS
The Project will involve grading and therefore a possibility exists of an accidental discovery or recognition of an archaeological resource. Implementation of MM CUL-1 will reduce the impact to a less-than-significant level if there is the presence of undiscovered cultural resources associated with past prehistoric human occupation in the vicinity of the project site (see IS/MND, p. 42).

Findings
Based on the Record, the City Council finds that changes or alterations have been required in, or incorporated into, the Project which will avoid or mitigate the potentially significant environmental impact related to archaeological resources through implementation of MM CUL-1 as identified in the IS/MND, so that environmental effects after mitigation are reduced to a less-than-significant level.

Facts in Support of Findings
MM CUL-1 was proposed in the IS/MND to reduce and/or avoid the Project’s impacts on archaeological resources. If historic, archaeological or Native American materials or artifacts are identified during project construction, MM CUL-1 requires work within a 50-foot radius such find to cease. The City shall be notified and retain the services of a qualified archeologist and/or paleontologist to assess the significance of the find. If human remains are found, all ground disturbing activities near or in any area potentially overlying adjacent human remains shall cease, the County Coroner shall be contacted immediately, and the provisions of State law shall be carried out.

GEOLOGY AND SOILS IMPACT
The Hayward fault is approximately 2.5 miles northeast of the project site. Therefore, the potential exists for a large earthquake to induce strong to very strong ground shaking at the site during the life of the project. Implementation of MM GEO-1 will reduce the potential impact to a less-thansignificant level (see IS/MND, p. 51).

The project site is also located in a liquefaction hazard zone per California Geological Survey (CGS) Earthquake Zones of Required Investigation. The geotechnical report for the project (provided in the appendices in the IS/MND) indicates that some of the subsurface soils are prone to liquefaction when subject to seismic shaking. Implementation of MM GEO-1 will reduce the potential impact to a less-than-significant level.

Additionally, the post-tensioned slab foundations of the proposed structures must be designed to accommodate the potential settlements from building loads and liquefaction. Implementation of MM GEO-1 will result in less-than-significant impact with respect to on or offsite landslide, lateral spreading, subsidence, liquefaction, or collapse as a result of its development.

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Further, the project site is anticipated to be moderately expansive. Expansive near-surface soil is subject to volume changes during seasonal fluctuations in moisture content which can cause movement and cracking of foundations, slabs, and pavements. Implementation of MM GEO-1 will reduce the potential impact related to expansive soils to a less-than-significant level.

Finding
Based on the Record, the City Council finds that changes or alterations have been required in, or incorporated into, the Project which will avoid or mitigate the potentially significant environmental impact related to seismic ground shaking, liquefaction, and expansive soils through implementation of the MMs GEO-1 and GEO-2 as identified in the IS/MND, so that environmental effects after mitigation are reduced to a less-than-significant level.

Facts in Support of Finding
MM GEO-1 has been proposed in the IS/MND to reduce and/or avoid the Project’s exposure to the risk of loss, injury, or death involving seismic ground shaking, liquefaction, and expansive soils. MM GEO-1 requires the Applicant to provide evidence that structural considerations for construction on the project site include the design parameters listed under CBC Seismic Design Criteria, and recommendations of the Project’s geotechnical report are incorporated into the Project’s grading and building plans and shall be implemented as part of the project construction.

HAZARDS AND HAZARDOUS MATERIALS IMPACT
Portions of the project site are included in one or more lists or databases maintained by state regulatory agencies pursuant to Government Code §65962.5, specifically as Leaking Underground Storage (LUST) sites. Implementation of MM HAZ-1 will reduce the impact to a less-thansignificant level (see IS/MND p. 67).

Finding
Based on the Record, the City Council finds that changes or alterations have been required in, or incorporated into, the Project which will avoid or mitigate the potentially significant environmental impact related to hazardous materials through implementation of the MM HAZ-1 as identified in the IS/MND, so that environmental effects after mitigation are reduced to a less-than-significant level.

Facts in Support of Finding
MM HAZ-1 was proposed in the IS/MND to reduce and/or avoid the Project’s exposure to hazardous materials. MM AQ-1 requires the implementation of over a dozen best management practices. These measures include, but the Applicant to provide evidence that demonstrates that the recognized environmental condition (REC ) on the site has been resolved to the satisfaction of the applicable regulatory agencies for future residential land use prior to the issuance of a grading permit for the project.

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TRIBAL CULTURAL RESOURCES IMPACTS
While the project site is developed with industrial/commercial buildings and almost entirely paved, the Project would involve grading and therefore a possibility exists of an accidental discovery or recognition of a tribal cultural resource. Implementation of MM CUL-1 (described in the sections above) would reduce any potential impact to tribal cultural resources and/or burial finds, in the event they are accidentally encountered, to a less-than-significant level (IS/MND p. 99-100).

Additionally, the City notified 10 tribes on April 7, 2022 regarding the Project and one response was received from the Confederated Villages of Lisjan Tribe. The representative of this tribe indicated that they had no further information to supply about the site at this time and wished to be notified if there were any findings. Implementation of MM TC-1 will ensure the cultural resource representatives for the Confederated Villages of Lisbjan Tribe are notified in the event of an unanticipated discovery of potential tribal cultural resources or human remains are found during construction, which will reduce the impact to a less-than-significant level (IS/MND p. 107).

Findings
Based on the Record, the City Council finds that changes or alterations have been required in, or incorporated into, the Project which will avoid or mitigate the potentially significant environmental impact related to culturally sensitive sites through implementation of the MM CUL-1 and TC-1 as identified in the IS/MND, so that environmental effects after mitigation are reduced to a lessthan-significant level.

Facts in Support of Findings
MM CUL-1 was proposed in the IS/MND to reduce and/or avoid the Project’s impacts on cultural resources. MM TC-1 requires that the Confederated Villages of Lisbjan Tribe be notified within 24 hours in the event of an unanticipated discovery of potential tribal cultural resources or if human remains are found during construction. This MM also indicates MM CUL-1 applies to cultural resources as well.

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EXHIBIT C

CONDITIONS OF APPROVAL
P2021-002
38370 Cedar Boulevard
Alameda County Assessor’s Parcel Numbers 092A-2375-002-06;092A-2375-022-01 Planning Division
a. All conditions of approval for this project shall be printed on the project plans. b. All approved deviations from Title 17 (Zoning) of the Newark Municipal Code (NMC) as shown in the Resolution shall be printed on the project plans. c. The project shall be subject to all environmental mitigation measures as described in the Project’s Initial Study (IS) and Mitigated Negative Declaration (MND) dated December 2022, Mitigation Monitoring and Reporting Program dated December 2022, and Final IS/MND dated May 2023.
d. The project shall implement the recommendations from the Salter Environmental Noise Study dated May 5, 2021, or as amended, to meet the City’s noise standards. Prior to the issuance of a building permit, the applicant shall submit documentation showing how the project will implement the recommendations to the Community Development Director for review and approval.
e. The landscape plans submitted for building permit review shall demonstrate compliance with NMC Chapter 17.21 (Landscaping) and §17.23.090 (Parking Area Design and Development Standards).
f. The sound wall proposed along the rear property line adjacent to Interstate 880 (I-880) shall match or complement the existing walls along the I-880 corridor. g. There shall be no roof-mounted equipment other than satellite dishes, other similar television or radio antennas, and solar equipment.
h. Mechanical and electrical equipment such as air conditioners (AC) units shall not be placed in the front or street side yard. If equipment is placed in any other location that makes it visible to public view, the equipment shall be properly screened with solid material pursuant to the regulations in NMC §17.17.100 (Screening). i. All exterior lighting shall comply with all applicable regulations in NMC §17.17.060 (Lighting and Illumination). All exterior lighting shall be directed on-site so as not to create glare off-site, as required by the Community Development Director. j. All exterior utility pipes and meters shall be painted to match and/or complement the color of the adjoining building surface, as approved by the Community Development Director.

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k. The site and its improvements shall be maintained in a neat and presentable condition, to the satisfaction of the Community Development Director. This shall include, but not be limited to, repainting surfaces damaged by graffiti and site clean-up. Graffiti removal/repainting and site cleanup shall occur on a continuing, as needed basis. Any vehicle or portable building brought on the site during construction shall remain graffiti free.
l. Parking lot cleaning with sweeping or vacuum equipment shall not be permitted between 7:00 p.m. and 7:00 a.m.
m. The covenants, conditions, and restrictions (CC&Rs) filed for this development shall include the following provisions:
1) There shall be no short-term rentals which is a rental of the unit or room(s) within a unit for a period of 30 consecutive calendar days or less. 2) Garages shall only be used for automobile parking, incidental storage, and similar uses and shall not be used as living space. This restriction shall not apply when a garage conversion is proposed to accommodate an accessory dwelling unit (ADU) or junior ADU (JADU) in conformance with State regulations in effect. 3) No refuse, garbage or recycling shall be stored outdoors except within designated waste and recycling container areas. Waste and recycling containers may be stored within the garage but may not obstruct required parking areas. 4) All residents shall have access to and use of the common open space areas. Private improvements within common open space areas are prohibited except as shown on approved project drawings.
5) The homeowner’s association shall be responsible for maintenance of all common open space areas including, but not limited to, the dog area and park areas. 6) The homeowner’s association shall be responsible for maintenance of the trellis bus shelter structure along Cedar Boulevard.
7) Guest parking spaces shall be clearly marked as reserved for guests and available with unrestricted access.
8) Exterior changes including, but not limited to, paint, landscaping, hardscape, and windows and doors, are prohibited unless expressly approved by the City. n. Prior to the issuance of a building permit, any changes to the approved color elevations, floor plans, and/or fence details shall be reviewed and approved by the Community Development Director.
o. Prior to the issuance of a building permit, the roof material as submitted by the applicant as part of this application shall be reviewed and approved by the Community Development Director. All roof material shall consist of fire-retardant shake roof, concrete tile, or a roof Packet Page 184

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of similar noncombustible material. Mansard roofs with the above material may be used to screen tar and gravel roofs. All roofs shall be of Class C fire resistant construction or better.

Composition shingles shall be Presidential-style or of comparable quality, subject to the review and approval of the Community Development Director. p. Prior to the issuance of a building permit, the applicant shall submit a “Will Serve” letter, or equivalent document, demonstrating approval of the project and agreeance to provide garbage, refuse and recycling services from Republic Services to the Community Development Director. Any revisions to the proposed garbage, refuse and recycling service pick up plan shall require review and approval by the Community Development Director. No refuse, garbage or recycling shall be stored outdoors except within the approved trash and recycling containers.
q. Prior to the issuance of a building permit, the plans for the proposed bus turnout/bay and trellis bus shelter structure, shall be submitted for the review and approval of AC Transit and the Community Development Director, in that order.
r. Prior to the issuance of a building permit, the applicant shall pay the City’s impact fees in effect as well as the Community Development Maintenance Fee. s. Prior to the issuance of a Certificate of Occupancy for an individual unit, roll-up garage doors with automatic garage door openers shall be provided for such unit. t. Prior to the issuance of a Certificate of Occupancy, the parking areas within and applicable to the specific construction phase shall be installed and striped as shown on the approved site plan.
u. Prior to the issuance of grading and site work permit(s), mailbox locations and designs shall be approved by the Community Development Director and Newark Postmaster, in that order. The mailbox compartments of centralized mailboxes shall identify the individual dwelling units with permanent, easily legible lettering. v. Prior to final inspection and utility release for each unit, the applicant shall pre-wire each unit for satellite and cable television connections, as required by the Community Development Director. The exterior connections for the pre-wire shall be made to the roof and or on a side elevation of the home, not facing a street, just under the building eave, with the satellite mounting location either on the underside of the soffit or on the fascia board.
w. All signs shall be submitted for the review and approval of the Community Development Director. All signs shall comply with NMC Chapter 17.25, Signage Standards. x. During project construction, if historic, archeological or Native American materials or artifacts are identified, work within a 50-foot radius of such find shall cease and the City shall retain the services of a qualified archeologist and/or paleontologist to assess the significance of the find. If such find is determined to be significant by the archeologist and/or paleontologist, a resource protection plan conforming to CEQA §15064.5 shall be prepared by the archeologist and/or paleontologist and approved by the Community Packet Page 185

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Development Director. The plan may include, but would not be limited to, removal of resources or similar actions. Project work may be resumed in compliance with such plan.

If human remains are encountered, the County Coroner shall be contacted immediately, and the provisions of State law carried out.
y. Construction site trailers and buildings located on-site shall be used for office and storage purposes only and shall not be used for living or sleeping quarters. Any vehicle or portable building brought on the site during construction shall remain graffiti free. z. Measures to respond to and track complaints pertaining to construction noise shall include:
(1) a procedure and phone numbers for notifying the City of Newark Building Inspection Division and Newark Police Department (during regular construction hours and off-hours); and (2) a sign posted on-site pertaining to the permitted construction days and hours and complaint procedures and who to notify in the event of a problem. The sign shall also include a listing of both the City and construction contractor’s telephone numbers (during regular construction hours and off-hours).
aa. Prior to the issuance of a building permit, the applicant shall pay the applicable impact fees, in the amount in effect at the time.

Engineering Division
bb. The project shall conform to Vesting Tentative Map – Tract 8583, sheets TM1.0 through TM8.0, and all conditions of approval set forth herein. Approval of the Vesting Tentative Map shall expire according to the provisions of the State Subdivision Map Act and any amendments thereto and applicable provisions of the Newark Municipal Code consistent with the State Subdivision Map Act.
cc. The final map shall designate and/or dedicate emergency vehicle access ways, private vehicle access ways, open space/recreational easements, public utility easements, and other easement as may be required over the common area. The final easement geometry shall be subject to the approval of the City Engineer.
dd. The development will require approval of a final tract map filed in accordance with the State Subdivision Map Act and the City of Newark Subdivision Ordinance. The final map shall be recorded prior to the issuance of any building permits. ee. The final map and complete tract improvement plans shall be submitted to the Engineering Division for review to ensure conformance with relevant codes, policies, and other requirements of the Newark Municipal Code and City of Newark street improvement standards. These plans shall be prepared by a qualified person licensed by the State of California to do such work. The plans shall be drawn to an appropriate scale as required by the City Engineer.
ff. Prior to approval of the final map, the applicant shall enter into a Subdivision Improvement Agreement with the City and guarantee all necessary public and private street improvements and other common area improvements within the subdivision and beyond Packet Page 186

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the map boundary in accordance with the tract improvement plans to be approved by the City Engineer.
gg. The applicant shall dedicate right-of-way and install complete street improvements for Cedar Boulevard as shown on the Vesting Tentative Map exhibits and as described below:

Cedar Boulevard
1) The applicant shall dedicate 5 feet of right-of-way (total half street width of 49 feet) and install street improvements including, but not limited to, project driveways, bus turnout, landscape median, public sidewalks, pavement widening, curb and gutter removal and replacement, curb ramps, frontage landscaping, grind and overlay to the median, pavement striping and signage, street lighting, undergrounding existing overhead utilities, fire hydrants, landscape and irrigation facilities, utility connections, removal of existing street trees to facilitate street improvements, and other related improvements. No work shall be required on the south side of the proposed landscape median, except for the masonry wall, sidewalk, and landscaping improvements specifically identified on the approved exhibits. 2) A City standard Type-S driveway cut shall be constructed at the project entrances on Cedar Boulevard.
3) The applicant shall install a traffic signal at the intersection of Cedar Boulevard and Smith Avenue. Traffic Signal plans shall be prepared, reviewed, and approved as part of the tract improvement plans. The applicant shall submit complete traffic signal plans, inclusive of a pole schedule with the first submittal of the improvement plan set. The applicant shall identify long lead items. City will endeavor to prioritize the review and approval of the long lead items. Within 45 days of City approval of the long lead items, the applicant shall order or otherwise contract for the delivery and installation of the items and submit to the City a written confirmation of contract or order invoice. The applicant shall in good faith effort have the traffic signal operational prior to issuance of the first Certificate of Occupancy for any residential unit. (For the purposes of clarity, this condition is not intended to restrict the proposed model homes, anticipated to be lots 115-117).

If the traffic signal is not operational prior to issuance of the first Certificate of Occupancy for any residential unit due to manufacturing or delivery delays of the long lead items, the applicant and the City Engineer shall discuss an alternative option to implement until the traffic signal is operational, subject to approval by the City Engineer. All costs to fund the alternative option shall be funded by the applicant.
4) Since the traffic signal is identified as a priority improvement by the City, the applicant is entitled to traffic impact fee credit for the total cost of the traffic signal improvements not to exceed $500,000. The final scope and cost estimate of the traffic signal improvement is subject to review and approval by the City Engineer.

The traffic impact fee cost for each building permit shall be reduced by the Packet Page 187

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approved total credit divided by the number of the approved units. 5) The applicant shall install new monolithic PCC sidewalk along the Public Storage frontage to provide pedestrian connection between the project site and existing sidewalk of the Timber subdivision on Cedar Boulevard. Sidewalk improvements shall include, but not limited to, removal of existing trees and driveway, grading, construction of new City Standard 6-foot monolithic sidewalk, and a retaining wall or cut slope as appropriate. Additional landscaping is not required in this area, only restoration of existing landscaping and irrigation disturbed during construction. 6) The applicant shall install an 8-foot high pre-cast masonry wall within the existing right-of-way on the south side of Cedar Boulevard adjacent to the existing wall between the church property and Moores Avenue (excepting therefrom the area along the flood control channel). Improvements shall include, but not limited to, removal of existing trees and sidewalk, grading, construction of new City Standard sidewalk, 8-foot masonry wall, planting strip with vines in front of wall, planting strip with street trees and groundcover between existing curb and gutter, and irrigation. The existing wood fences along Cedar Blvd shall remain in place. 7) The applicant shall extend the left-turn pocket at Cedar Boulevard and Mowry Avenue as shown on the approved exhibits.
hh. The applicant shall install private streets and common area improvements including, but not be limited to driveways, drive aisles, parking facilities, utilities, recreational areas and facilities, storm water treatment facilities, screen walls, fencing, and all landscape areas.

All private streets and common area improvements in the development shall be designed and constructed to City standards, are subject to review and approval by the City Engineer and shall be included with the tract improvement plans. ii. The applicant shall obtain grading and site work permit(s) from Building Inspection Division for the site grading (rough grading and/or fine grading) and private structures including, but not limited to, project privacy sound wall, play structures, mailboxes, trellis bus shelter, and low retaining walls.
jj. Prior to the building permit issuance for the privacy sound wall along I-880, the applicant shall contact the California Department of Transportation (Caltrans) and confirm if an encroachment permit is required for installation of the project privacy wall and any other required improvements within or adjacent to the Interstate-880 right-of-way. Applicant shall either demonstrate to the satisfaction of the Chief Building Official that no encroachment permit is required, or obtain such encroachment permit if one is required. kk. Concurrent with approval of the final map, the applicant shall effectuate the removal of any existing easements encumbering the property that conflict with areas proposed for improvement. Elimination or modification of existing easements on the site requires the approval from the respective utility district or company and the City of Newark. If, with Packet Page 188

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good faith effort exercised by the applicant, the approval from the utility districts or company cannot be obtained prior to final map approval, the elimination or modification of the respective existing easement can be deferred to prior to the issuance of the building permit(s) affected by the easement, subject to the approval of the City Engineer. ll. All improvements shall conform to the City’s Sight Visibility Ordinance, Newark Municipal Code Chapter 10.36. Prior to Final Map approval, all building architecture and other above-ground improvements shall be located and designed as necessary to comply with this ordinance.
mm. Prior to the issuance of the initial grading or any building permits for this project, the applicant shall submit a Storm Water Pollution Prevention Plan for the review and approval of the City Engineer. The plan shall include sufficient details to show how storm water quality will be protected during both: (1) the construction phase of the project and (2) the post construction, operational phase of the project. The construction phase plan shall include Best Management Practices from the California Storm Water Quality Best Management Practices Handbook for Construction Activities. The specific storm water pollution prevention measures to be maintained by the contractor shall be printed on the plans. The operational phase plan shall include Best Management Practices appropriate to the uses conducted on the site to effectively prohibit the entry of pollutants into storm water runoff from this site including, but not limited to, trash and litter control, pavement sweeping, periodic storm water inlet cleaning, landscape controls for fertilizer and pesticide applications, labeling of storm water inlets with a permanent thermoplastic stencil with the wording “No Dumping - Drains to Bay,” and other applicable practices. nn. The provided Preliminary Stormwater Treatment Plan is approved in concept only. Final approval is subject to the applicant providing the necessary plans, details, and calculations that demonstrate the plan complies with the Municipal Regional Stormwater NPDES Permit (MRP), Order R2-2015-0049, revised November 19, 2015, issued to the City of Newark by the Regional Water Quality Control Board, San Francisco Bay Region. oo. The property owner shall enter into a Stormwater Treatment Measures Maintenance Agreement, which will be recorded against the property . The applicant’s project engineer shall provide all required exhibits associated with the agreement. pp. The applicant shall submit detailed grading and drainage plans for review and approval by the City Engineer and the Alameda County Flood Control and Water Conservation District.

These plans must be based upon a City benchmark and need to include pad and finish floor elevations of each proposed structure, proposed on-site property grades, proposed elevations at property line, and sufficient elevations on all adjacent properties to show existing drainage patterns. All on-site pavement shall drain at a minimum of one percent.

The applicant shall ensure that all upstream drainage is not blocked and that no ponding is created by this development. Any construction necessary to ensure this shall be the applicant's responsibility.

Hydrology and hydraulic calculations shall be submitted for review and approval by the Packet Page 189

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City Engineer and the Alameda County Flood Control District prior to approval of the final map. The calculations shall show that the City and County freeboard requirements will be satisfied.
qq. All stormwater treatment measures are subject to review and approval by the Alameda County Mosquito Abatement District. The applicant shall modify the grading and drainage and stormwater treatment design as necessary to satisfy any imposed requirements from the District.
rr. The entire site shall be equipped with full trash capture devices approved by the Regional Water Quality Control Board – San Francisco Bay Region and the Mosquito Abatement District, for 100% trash capture at all on-site and adjoining off-site storm drain inlets. All on-site trash capture devices shall be permanently maintained by the HOA. Acceptable off-site trash capture devices can be found on the City’s website at https://www.newark.org/departments/public-works/engineering-division/stormwaterprogram. ss. The applicant shall ensure that a water vehicle for dust control operations and a pick-up or vacuum type street sweeper to remove tracked dirt and debris from adjacent streets is kept readily available at all times during construction at the City Engineer's direction. tt. The applicant shall implement the following measures for the duration of all construction activity to minimize air quality impacts:
1) Watering should be used to control dust generation during demolition of structures and break-up of pavement.
2) All trucks hauling demolition debris from the site shall be covered. 3) Dust-proof chutes shall be used to load debris into trucks whenever feasible.

Watering should be used to control dust generation during transport and handling of recycled materials.
4) All active, unpaved construction areas shall be watered at least twice daily and more often during windy periods; active areas adjacent to the existing land uses shall be kept damp at all times or shall be treated with non-toxic stabilizers or dust palliatives.
5) All trucks hauling soil, sand, and other loose materials shall be covered or require all trucks to maintain at least 2 feet of freeboard.
6) All unpaved access roads, parking areas, and staging areas at construction sites shall be paved, watered two times daily, or treated with (non-toxic) soil stabilizers. 7) All paved access roads, parking areas, and staging areas at construction sites with visible mud or dirt track-out shall be swept daily with water sweepers; water Packet Page 190

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sweepers shall vacuum up excess water to avoid runoff-related impacts to water quality.
8) Limit traffic speeds on unpaved roads to 15 mph.
9) Install sandbags or other erosion control measures to prevent silt runoff to public roadways.
10) Replant vegetation in disturbed areas as quickly as possible. 11) Minimize idling time (5 minutes maximum).
12) Maintain properly tuned equipment.

These measures shall be incorporated into the grading specifications as well as the best management practices of the storm water pollution prevention plan, and shall be implemented to the satisfaction of the City Engineer.
uu. Where a grade differential of more than a 1-foot is created along the boundary parcel lines between the proposed development and adjacent property, the applicant shall install a masonry retaining wall unless a slope easement is approved by the City Engineer. Said retaining wall shall be subject to review and approval of the City Engineer. vv. Prior to final map approval or early subdivision grading approval for the project, whichever comes first, the updated Geotechnical Study clarifying the lateral spreading hazard and ground improvement recommendations shall be reviewed and approved by the City selected peer review consultant. The review fee shall be paid by the applicant per the City’s Master Fee Schedule.
ww. The applicant’s geotechnical consultant shall review and approve all geotechnical aspects of the project building plans (i.e. site preparation and grading, site drainage improvements and design parameters for foundations) to ensure that their recommendations have been properly incorporated.
xx. The applicant’s geotechnical consultant shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for foundations prior to the placement of steel and concrete. The results of these inspections and the as-built conditions of the project shall be described by the geotechnical consultant in a letter and submitted to the City Engineer for review and approval prior to final project approval. yy. The applicant shall submit a detailed soils report prepared by a qualified engineer, registered with the State of California. The report shall address in-situ and import soils in accordance with the City of Newark Grading and Excavation Ordinance, Chapter 15.50.

The report shall include recommendations regarding pavement sections for all public and Packet Page 191

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private streets. Grading operations shall be in accordance with recommendations contained in the soils report and shall be completed under the supervision of an engineer registered in the State of California to do such work.
zz. Prior to issuance of a Certificate of Occupancy or release of utilities for any building, vehicle access ways and parking facilities serving said building shall be paved in accordance with the recommendation of a licensed engineer based on a Traffic Index of

5.0 and striped as shown on the approved site plan. Minimum asphalt concrete thickness for the vehicle access ways shall be 4 inches. This condition is not intended to cover vehicle access ways or parking facilities project wide, only those specific areas which are necessary for each individual building and consistent with an approved construction phasing plan filed with Building Inspection Division.
aaa. Prior to issuance of a Certificate of Occupancy or release of utilities for each phase of dwelling units to be delivered, the on-site drive aisles and uncovered parking facilities serving such phase shall be installed and striped as shown on the approved plans . All onsite uncovered parking facilities and drive aisles shall be drained at a minimum slope of

1.0% for asphalt surfaces and 0.3% for Portland cement concrete surfaces. bbb. The applicant shall remove the existing joint utility pole and anchor pole and underground existing overhead lines along the Cedar Boulevard frontage to the nearest riser fronting the Public Storage property. Additionally, the applicant shall underground existing overhead lines along the westerly and northerly property lines of the project site. ccc. All new utilities including, but not limited to, electric, telephone and cable television services shall be provided underground for all buildings in the development in accordance with the City of Newark Subdivision Standards. As shown on the approved entitlement drawings, pad mounted electrical transformers shall be installed with an appropriate public utility easement and shall be screened properly from the roadways. ddd. All improvement plans are subject to review and approval by the Alameda County Water District (ACWD), Union Sanitary District (USD), Alameda County Flood Control and Water Conservation District (ACFC&WCD), and Pacific, Gas & Electric Company (PG&E). Any modifications to the site design provided with the vesting tentative map as necessary to satisfy requirements from individual utilities or districts are the sole responsibility of the applicant. The applicant shall coordinate with Pacific, Gas & Electric Co. for the design of the underground utility improvements for the proposed development as soon as practical following vesting tentative map approval. eee. The joint trench and street light plans shall be submitted by the applicant with the first tract improvement plan check and approved prior to final map approval. fff. Multiple street cuts and openings (i.e. greater than two street cuts or openings) as a result of utility connections and other necessary street openings on Cedar Boulevard shall be resurfaced from curb to curb to the satisfaction of the City Engineer. All pavement restoration and resurfacing shall be completed concurrent with site development.

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ggg. The applicant shall repair and/or replace any public improvements along the Cedar Boulevard right-of-way and private improvements along the exterior boundary of the site damaged as a result of construction activity to the satisfaction of the City Engineer. hhh. The applicant shall provide all required paper and digital submittals of the project final map, tract improvement plans, and as-built plans as required by the City Engineer, including, but not necessarily limited to the following: (1) One full-sized mylar copy and an electronic copy of the recorded final map; (2) Two full-sized reproducible copy, four half-sized reproducible copy, and electronic copies of the approved improvement plans in a format approved by the City Engineer; (3) Electronic copies and one mylar set of the asbuilt tract improvement plans. All digital copies of the final map and improvement plans shall be prepared in accordance with Union Sanitary District digital submittal standards. iii. The applicant shall establish a Homeowner’s Association (HOA) consisting of all property owners of lands in the development at the time of incorporation and in the future for the purpose of maintaining the association's property, common drive aisles, common area parking facilities, common area stormwater treatment facilities, common area landscaping, and landscaping in the adjacent public rights-of-way (excluding any landscaping/improvements in medians, on the opposite side of Cedar Blvd., or otherwise included in the LLD), and for paying for lighting (if any), common garbage collection services (if any), security patrol services (if any), and other functions of a Homeowner’s Association. Common areas within the development shall be owned and/or maintained by the Homeowner’s Association as described in the covenants, conditions and restrictions (CC&Rs). Each property owner shall automatically become a member of the association in accordance with the Developer’s phasing plan and shall be subject to its share of the Homeowner’s Association in accordance with the budget reviewed and approved by the Department of Real Estate. The Homeowner’s Association shall be incorporated prior to the sale of any individual lots and/or prior to acceptance of tract improvements, whichever occurs first.
jjj. Prior to City Council approval of the final map(s), any declaration of covenants, conditions and restrictions (CC&Rs) governing the maintenance and operation of this development shall be reviewed and approved by the Community Development Director at his/her discretion after review and recommendations by the City Attorney. Said covenants, conditions and restrictions shall be available in the project sales office at all times.

Approval of the covenants, conditions and restrictions shall not make the City a party to enforcement of same. The CC&Rs shall run with the land and therefore be binding on parties with leasehold interests. The CC&Rs shall be written to require homeowners to require renters to comply with the CC&Rs, and a copy of the CC&Rs shall be given to each renter. The CC&Rs shall require the HOA to properly budget for a pavement maintenance program for on-site pavement.
kkk. The applicant shall at its own cost, have an initial Homeowner’s Association budget prepared which initial budget shall be reviewed and approved by the California Department of Real Estate. The Homeowner’s Association budget shall set forth the monthly Packet Page 193

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assessment costs.
lll. The Homeowner’s Association shall be responsible for trash and litter control and sweeping of all private streets within the development. All private storm drain systems and all associated trash capture devices shall be cleaned on a regularly scheduled basis as detailed in the required Stormwater Treatment Measures Maintenance Agreement. mmm. The Homeowner’s Association shall be required to contract with a professional association management firm to handle all necessary maintenance operations. Documentation of such contract shall be submitted to the City of Newark prior to the issuance of the first Certificate of Occupancy for a residential unit in the project. All commonly owned facilities shall be properly maintained in a manner consistent with the CC&Rs and project requirements. (For the purposes of clarity, this condition is not intended to restrict the proposed model homes, anticipated to be lots 115-117.)
nnn. The applicant shall prepare a disclosure statement to all property owners indicating that the project site is located within a seismic hazard zone for liquefaction. The disclosure statement shall indicate that the buildings have been designed to current code requirements.

The disclosure statement shall also indicate that the buildings, site improvements, and utilities are subject to damage during an earthquake and that the buildings may be uninhabitable after an earthquake. This disclosure statement is subject to review and approval of the City Engineer prior to the issuance of the first Certificate of Occupancy for any residential unit. (For the purposes of clarity, this condition is not intended to restrict the proposed model homes, anticipated to be lots 115-117.) ooo. The applicant is to provide a complete set of construction plans and a copy of the project geotechnical report and recorded Final Map to the Homeowners Association at the time of its formation.
ppp. The CC&Rs shall contain a provision that prohibits the amendment of those provisions of the CC&Rs, identified in these Conditions of Approval, without the City’s approval. qqq. The following language shall be included in the CC&Rs:

Rights of City: Notwithstanding anything to the contrary in this Master Declaration, no amendment hereto which deals with any of the following matters shall be effective without the prior written consent of the Director of the City’s Community Development Department, such consent not to be unreasonably withheld: (i) Any amendment, the design or purpose of which is to eliminate an obligation of the Association to maintain, manage and repair the Common Area or to lower the standards for maintaining and repairing such Common Area below that of other typical professionally managed and professionally landscaped common interest subdivisions; (ii) Any amendment with regard to the fundamental purpose for which the Project was created (e.g., a change from residential use to a different use);(iii) Any material amendment to Sections….(sections required by condition of approval to be listed), and all defined terms therein, each of which were required as a condition of approval for the Project.(note: will need to define “Project.”) Packet Page 194

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Enforcement by City: If the Association fails to Maintain the Common Area, or if the Association fails to enforce any of the provisions, the City, as an intended third party beneficiary of the provisions of this Master Declaration, shall have the right, but not the duty, to compel performance of such provisions in any manner provided by law or in equity and in any manner provided in this Master Declaration.
rrr. The Declarant shall provide educational materials provided by City of Newark on stormwater pollution prevention to all residents as part of the builder disclosure package or otherwise within (3) three months of the initial sale of each home. sss. Each initial buyer shall sign an acknowledgment that he/she has read the articles and bylaws of the Homeowner’s Association and the CC&Rs governing the operation and maintenance of the development.
ttt. Street names and an addressing scheme shall be developed during the final map and improvement plan review process in accordance with the City of Newark’s Street Numbering and Naming Ordinance (Chapter 12.12). This area of Newark has a “flower/shrub” theme for street names. The applicant may request a different theme for street names, which will be subject to review and approval by the City Engineer. uuu. A signpost with a sign having an area of at least 15-inches by 21-inches shall be installed at or near the project entrances. The sign shall indicate “Private Property. Not dedicated for public use.”
vvv. Reflective address signs shall be provided at each courts to help identify the location of a residential unit for accurate first response. Signs shall be subject to review and approval by the City Engineer and the Fire Marshal.

Landscape-Parks Division
www. Prior to approval of the final map, the applicant shall petition the City Council to participate in a Landscaping and Lighting District for the perpetual maintenance of the median landscaping, lighting system, and stormwater trash capture devices along the project frontage on Cedar Boulevard. Maintenance activities will be performed by the City of Newark or its contractors through the Landscaping and Lighting District. All property owners within the vesting tentative map boundary shall be assessed annually in accordance with requirements established with the Landscaping and Lighting District. The applicant shall deposit sufficient funds for the City to hire a consultant to prepare the Engineer’s Report, which shall be approved by the City Council. Prior to issuance of the first Certificate of Occupancy for any residential unit, the City Council shall adopt a resolution for the formation of the Landscaping and Lighting District. The applicant shall record an indenture advising all prospective property owners in the project that their properties are included in a Landscape and Lighting District for maintenance of landscaping, lighting, and related improvements installed as part of the project.

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xxx. All landscape maintenance on-site and along the project frontage, including the right-ofway planter strips along Cedar Boulevard but excluding the median landscaping or landscaping on the opposite side of Cedar Boulevard, shall be the responsibility of the Homeowners Association. The applicant shall enter into a Landscape Maintenance Agreement prior to approval of the final map. The applicant shall be permitted to assign the obligations to the HOA and shall thereafter be released from any ongoing obligations under such Agreement. The Landscape Maintenance Agreement shall run with the land and be binding to the Homeowners Association as successors. yyy. The applicant shall dedicate to the City of Newark a 4-to-6-foot landscape, sidewalk, and public utility easement along the frontage of Cedar Boulevard in accordance with the approved vesting tentative map.
zzz. Prior to final map approval, landscape plans for work within the public right-of-way, dedicated easement areas, and all common areas shall be included with the tract improvement plans and approved by the City Engineer. The plans shall be prepared by a licensed landscape architect in accordance with the City of Newark requirements, standard details, and the State of California Model Water Efficient Landscape Ordinance (MWELO). The Landscape Planting Plans can be conceptual but must demonstrate compliance to Newark requirements and MWELO prior to final map approval. Final Landscape Planting Plans shall be approved prior to installation of landscape planting. aaaa. Prior to the release of utilities or issuance of any Certificate of Occupancy for a given project phase, all landscaping and irrigation systems associated with that phase, including all frontage and median landscaping, shall be completed or guaranteed by a cash deposit filed with the City in an amount to cover the remainder of the work. bbbb. Prior to installation by the applicant, applicant shall submit a plan with plant species, location, container size, quality and quantity of all landscaping plants and materials within the public right-of-way, and such plan shall be reviewed and approved by the City Engineer. All street trees shall be a minimum of 24-inch box specimen. Plant replacements shall be to an equal or better standard than originally approved subject to approval by the City Engineer.
cccc. Any above ground utility structures along Cedar Boulevard, including backflow prevention devices, and appurtenances, shall be installed within the applicant’s property line and a minimum of 10 feet behind street face of curbs on Cedar Boulevard. The backflow prevention devices shall have a green painted security cage to protect it from vandalism.

These locations shall be screened with landscaping to the satisfaction of the City Engineer.

The landscape screen shall not interfere with the utility companies’ or City Fire Department’s access.

Building Division
dddd. Upon building submittal, clarify all fund sources, if any public funding or tax credits are being utilized, and provide accessible units on funding requirements.

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eeee. Prior to building permit submittal, revise the proposed parking to comply with all applicable accessible parking requirements.
ffff. Prior to building permit submittal, clarify chases being utilized to pass utilities from heating, ventilation, and air conditioning (HVAC) equipment between floors, as not all walls line up to chases or to be used as a chase between floors. gggg. Per NMC §17.24.100.A.3, construction for this project, including site work and all structures, shall occur only between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday and between the hours of 10:00 a.m. and 6:00 p.m. on Sundays and holidays. The applicant may make a written request to the Building Official for extended working hours and/or days. In granting or denying any request, the Building Official will take into consideration the nature of the construction activity which would occur during extended hours/days, the time duration of the request, the proximity to residential neighborhoods, and input by affected neighbors. All approvals shall be made in writing.

Police Department
hhhh. The development shall comply with Chapter 15.06 (Security Code) of the Newark Municipal Code and §510 (Emergency Responder Radio Coverage) of the California Fire Code.
iiii. The Police Department highly recommends the installation of community safety cameras in common areas where the residences would be most susceptible to criminal activity. This would include parking areas, exterior pathways and exterior doors. The community safety cameras could be operated and controlled by individual owners, the Building Management or the Owners’ Association.
jjjj. The proposed development should comply with the City of Newark street numbering system and tie in with the existing area street numbering. Additionally, the proposed buildings should display the street address in a manner clearly visible from the adjacent roadway and parking areas in order to facilitate public safety personnel’s ability to quickly identify its location during emergency responses.
kkkk. Individual residence numbering should be in a systematic method, specific to each unit in a non-repeating manner (i.e. no two units in the development with the same unit number).

Additionally, street addresses should be displayed to front and rear garage area of each residence. Maps with unit numbering of the entire development should be placed in easy to find locations (preferably at entrances to the development and the buildings) in order to aid public safety personnel’s ability to identify specific units during emergency responses.

General Conditions
llll. All proposed changes from approved exhibits shall be submitted to the Community Development Director for review and approval.

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mmmm. The applicant hereby agrees to defend, indemnify, and save harmless the City of Newark, its Council, boards, commissions, officers, employees and agents, from and against any and all claims, suits, actions, liability, loss, damage, expense, cost (including, without limitation, attorneys’ fees, costs and fees of litigation) of every nature, kind or description, which may be brought by a third party against, or suffered or sustained by, the City of Newark, its Council, boards, commissions, officers, employees or agents to challenge or void the permit granted herein or any California Environmental Quality Act determinations related thereto.
nnnn. In the event that any person should bring an action to attack, set aside, void or annul the City’s approval of this project, the applicant shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action, or proceeding against the City and/or its agents, officers and employees with counsel selected by the applicant (which shall be the same counsel used by applicant) and reasonably approved by the City.

Applicant’s obligation to defend, indemnify and hold harmless the City and/or its agents, officers and employees shall be subject to the City’s compliance with Government Code §66474.9.
oooo. The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements and other exactions. Pursuant to Government Code §66020(d)(1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations and other exactions. The developer is hereby further notified that the 90-day approval period in which the developer may protest these fees, dedications, reservations and other exactions, pursuant to Government Code §66020(a), has begun. If the developer fails to file a protest within this 90-day period complying with all of the requirements of §66020, the developer will be legally barred from later challenging such exactions.

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EXHIBIT D
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PROJECT NUMBER 17025.01 07/25/2022
LETTER DESIGNATION LEGEND:

ELEVATION VARIATIONS : A & B STYLES
Y SFD PLANS : SFD FLOOR PLAN VARIATION (WITH NOTCH AT GARAGE)

CEDAR BOULEVARD

NEWARK, CALIFORNIA
1 COVER SHEET 26 SFD PLAN 5A ELEVATIONS
2 SFD PLAN 1A ELEVATIONS 27 SFD PLAN 5A FLOOR PLANS
3 SFD PLAN 1B ELEVATIONS 28 SFD PLAN 5 ROOF PLAN
4 SFD PLAN 1A FLOOR PLANS 29 DUET 1: 2-2A FRONT ELEVATION 5 SFD PLAN 1B FLOOR PLANS 30 DUET 1: 2-2A ELEVATIONS
6 SFD PLAN 1 ROOF PLANS 31 DUET 1: 2-2A FLOOR PLANS
7 SFD PLAN 2A ELEVATIONS 32 DUET 1: 2-2A FLOOR PLAN AND ROOF PLAN 8 SFD PLAN 2B ELEVATIONS 33 DUET 2: 2-4A FRONT ELEVATION 9 SFD PLAN 2YA ELEVATIONS 34 DUET 2: 2-4A ELEVATIONS
10 SFD PLAN 2YC ELEVATIONS 35 DUET 2: 2-4A FLOOR PLANS
11 SFD PLAN 2A FLOOR PLANS 36 DUET 2: 2-4A FLOOR PLAN AND ROOF PLAN 12 SFD PLAN 2B FLOOR PLANS 37 DUET 3: 4-4B FRONT ELEVATION 13 SFD PLAN 2YA FLOOR PLANS 38 DUET 3: 4-4B ELEVATIONS
14 SFD PLAN 2YC FLOOR PLANS 39 DUET 3: 4-4B FLOOR PLANS 15 SFD PLAN 2 ROOF PLANS 40 DUET 3: 4-4B FLOOR PLAN AND ROOF PLAN 16 SFD PLAN 3A ELEVATIONS 41 COLOR AND MATERIAL BOARD
17 SFD PLAN 3B ELEVATIONS
18 SFD PLAN 3A FLOOR PLANS
19 SFD PLAN 3B FLOOR PLANS
20 SFD PLAN 3 ROOF PLANS
21 SFD PLAN 4A ELEVATIONS
22 SFD PLAN 4B ELEVATIONS
23 SFD PLAN 4A FLOOR PLANS
24 SFD PLAN 4B FLOOR PLANS
25 SFD PLAN 4 ROOF PLANS
42 SFD PLAN 4C ELEVATIONS - ADDED 02/15/23
43 SFD PLAN 5A FLOOR PLANS AND ELEVATIONS - OPTION FOR BUILDER - ADDED 02/15/23 44 DUET 2: LOT 117 FLOOR PLANS AND ELEVATIONS - OPTION FOR BUILDER - ADDED 02/15/23 Packet Page 216
2 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

SFD PLAN 1A ELEVATIONS
FRONT
REAR
RIGHT
LEFT
T.O. SHTG
T.O. PL
8’-1”
7’-6”
7’-0”
T.O. PL
T.O. PL
T.O. SHTG T.O. SHTG
T.O. WDW
T.O. SHTG
8’-1” 10’-1”
7’-0” 8’-0”
7’-7”
T.O. PL
T.O. PL
T.O. PL
T.O. WDW T.O. WDW
T.O. WDW
8’-9 3/4”
T.O. WDW
7’-3”
8’-4”
T.O. SLAB
T.O. SLAB

FIBERGLASS ENTRY DOOR
SHERWIN WILLIAMS SW 6229 TEMPE STAR
CONCRETE ‘S’ TILE ROOF
EAGLE CAPISTRANO 75% 8403 SANTA BARBARA &
25% 3526 VALENCIA

PAVER TILE SILL

GLADDING MCBEAN TUMBLED BLENDED RED

PAVER TILE SILL

GLADDING MCBEAN TUMBLED BLENDED RED
STUCCO
BENJAMIN MOORE 0C-85 MAYONNAISE

DECO TILE
MALIBU HM CUSTOMIZED MC1-111

LEADER HEAD AND DOWNSPOUTS
BENJAMIN MOORE 0C-85 MAYONNAISE

FOAM SILL
BENJAMIN MOORE 0C-85 MAYONNAISE

WOOD TRIM/CORBELS
BENJAMIN MOORE 0C-85 MAYONNAISE

CLAY TILE GABLE VENT

FOAM CORBELS
BENJAMIN MOORE 0C-85 MAYONNAISE

GARAGE DOOR
BENJAMIN MOORE 0C-85 MAYONNAISE

FABRIC AWNING
SUNBRELLA DEEP SEA 4691

WOOD SHUTTERS
SHERWIN WILLIAMS SW 6229 TEMPE STAR

VINYL WINDOWS

MILGARD WHITE STANDARD
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3 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

SFD PLAN 1B ELEVATIONS
FRONT
REAR
RIGHT
LEFT
T.O. SHTG
T.O. PL
8’-1”
7’-6” 8’-0”
T.O. PL
T.O. PL
T.O. SHTG T.O. SHTG
T.O. WDW
T.O. SHTG
7’-6”
7’-6”
10’-1”
6’-8”
T.O. PL
T.O. PL
T.O. PL
T.O. WDW T.O. WDW
T.O. WDW
8’-9 3/4”
6’-11”
T.O. WDW
8’-4”
7’-3”
T.O. SLAB
T.O. SLAB

WOOD PICKETS
BENJAMIN MOORE 0C-85 MAYONNAISE

BOARD AND BATTENS
BENJAMIN MOORE 0C-85 MAYONNAISE

FIBERGLASS ENTRY DOOR
KELLY MOORE KM 4435 WARM WELCOME

WOOD SILL
BENJAMIN MOORE 0C-85 MAYONNAISE

WOOD HEADER
BENJAMIN MOORE 0C-85 MAYONNAISE
CONCRETE ‘S’ TILE ROOF
EAGLE CAPISTRANO 75% 8403 SANTA BARBARA &
25% 3526 VALENCIA

WINDOW SHUTTERS
KELLY MOORE KM 4435 WARM WELCOME

WOOD TRIM/CORBELS
BENJAMIN MOORE 0C-85 MAYONNAISE

WOOD HEADER
BENJAMIN MOORE 0C-85 MAYONNAISE
STUCCO
BENJAMIN MOORE 0C-85 MAYONNAISE

WOOD RAFTERS
BENJAMIN MOORE 0C-85 MAYONNAISE

FOAM HEADER
BENJAMIN MOORE 0C-85 MAYONNAISE

LEADER HEAD AND DOWNSPOUTS
BENJAMIN MOORE 0C-85 MAYONNAISE

WOOD TRIM SURROUND
BENJAMIN MOORE 0C-85 MAYONNAISE

GARAGE DOOR
BENJAMIN MOORE 0C-85 MAYONNAISE

VINYL WINDOWS

MILGARD WHITE STANDARD
Packet Page 218
4 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

THIRD FLOOR SECOND FLOOR FIRST FLOOR 4 BEDROOM + OFFICE

3.5 BATH
2-CAR GARAGE
SFD PLAN 1A FLOOR PLANS

FLOOR AREA TABLE
Packet Page 219
5 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

THIRD FLOOR SECOND FLOOR FIRST FLOOR 4 BEDROOM + OFFICE

3.5 BATH
2-CAR GARAGE
NOTE: SCREENED SFD PLAN PORTIONS DO NOT
CHANGE FROM THE BASE FLOOR SFD PLAN.

SFD PLAN 1B FLOOR PLANS

FLOOR AREA TABLE
Packet Page 220
6 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

SFD PLAN 1 ROOF PLANS
1B 1A
Packet Page 221
7 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

SFD PLAN 2A ELEVATIONS
FRONT
REAR
RIGHT
LEFT
T.O. SHTG T.O. PL
9’-1”
8’-0” 7’-6”
7’-0”
T.O. PL
T.O. PL
T.O. WDW
T.O. SHTG T.O. SHTG
T.O. WDW
T.O. SHTG
7’-6 1/2” 9’-1”
7’-0”
8’-7” 8’-1”
T.O. PL
T.O. PL
T.O. PL
T.O. WDW T.O. WDW
9’-1”
T.O. SLAB
T.O. SLAB

METAL JULIETTE BALCONY
BENJAMIN MOORE 2133-10 ONYX
CONCRETE ‘S’ TILE ROOF
EAGLE CAPISTRANO 75% 8403 SANTA BARBARA &
25% 3526 VALENCIA

FRENCH DOOR

MILGARD WHITE STANDARD

FRENCH DOOR

MILGARD WHITE STANDARD

WOOD CORBELS
BENJAMIN MOORE 0C-85 MAYONNAISE

GARAGE DOOR
BENJAMIN MOORE 0C-85 MAYONNAISE

FOAM SILL
BENJAMIN MOORE 0C-85 MAYONNAISE

FOAM SILL
BENJAMIN MOORE 0C-85 MAYONNAISE
BRICK
BELDEN ‘JUMBO ROSEWOOD CLEAR A’

FOAM SILL
BENJAMIN MOORE 0C-85 MAYONNAISE

WOOD RAFTERS
BENJAMIN MOORE 0C-85 MAYONNAISE
STUCCO
BENJAMIN MOORE 0C-85 MAYONNAISE

CLAY TILE GABLE VENT

WOOD TRIM
BENJAMIN MOORE 0C-85 MAYONNAISE

REAR DOOR
DUNN EDWARDS DE 5650 GREEN BAYOU

FIBERGLASS ENTRY DOOR
DUNN EDWARDS DE 5650 GREEN BAYOU

LEADER HEAD AND DOWNSPOUTS
BENJAMIN MOORE 0C-85 MAYONNAISE

WOOD PICKETS
BENJAMIN MOORE 0C-85 MAYONNAISE

WOOD TRIM/CORBELS
BENJAMIN MOORE 0C-85 MAYONNAISE

VINYL WINDOWS

MILGARD WHITE STANDARD
Packet Page 222
8 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

SFD PLAN 2B ELEVATIONS
FRONT
REAR
RIGHT
LEFT
T.O. SHTG T.O. PL
9’-1”
8’-0” 7’-6”
7’-0”
T.O. PL
T.O. PL
T.O. WDW
T.O. SHTG T.O. SHTG
T.O. WDW
T.O. SHTG
7’-11” 9’-1”
7’-0”
8’-7”
6’-6”
7’-11”
T.O. PL
T.O. PL
T.O. PL
T.O. WDW
T.O. WDW
T.O. WDW
9’-1”
T.O. SLAB
T.O. SLAB

FABRIC AWNING
SUNBRELLA DEEP SEA 4691
BRICK
BELDEN ‘JUMBO ROSEWOOD CLEAR A’
CONCRETE ‘S’ TILE ROOF
EAGLE CAPISTRANO 75% 8403 SANTA BARBARA &
25% 3526 VALENCIA

WOOD HEADER
PRATT & LAMBERT 2-18 BRITISH BROWN

FOAM SILL
PRATT & LAMBERT 2-18 BRITISH BROWN

LEADER HEAD AND DOWNSPOUTS
CUSTOM-BILT METALS ‘WEATHERED BRONZE’

PRECAST SURROUND
SHERWIN WILLIAMS SW 9109 NATURAL LINEN

FOAM SILL
PRATT & LAMBERT 2-18 BRITISH BROWN
STUCCO
DUNN EDWARDS DE 5294 BLANK CANVAS

CLAY TILE GABLE VENT

WOOD RAFTERS
PRATT & LAMBERT 2-18 BRITISH BROWN

WOOD SHUTTERS
SHERWIN WILLIAMS SW 6229 TEMPE STAR

FIBERGLASS ENTRY DOOR
SHERWIN WILLIAMS SW 6229 TEMPE STAR

WOOD TRIM AND CORBELS
PRATT & LAMBERT 2-18 BRITISH BROWN

FOAM HEADER
PRATT & LAMBERT 2-18 BRITISH BROWN

GARAGE DOOR
PRATT & LAMBERT 2-18 BRITISH BROWN

PAVER TILE SILL

GLADDING MCBEAN /

TUMBLED BLENDED RED

REAR DOOR
SHERWIN WILLIAMS SW 6229 TEMPE STAR

WOOD TRIM/CORBELS
PRATT & LAMBERT 2-18 BRITISH BROWN

FOAM HEADER
PRATT & LAMBERT 2-18 BRITISH BROWN

VINYL WINDOWS

MILGARD CLASSIC BROWN
Packet Page 223
9 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

SFD PLAN 2YA ELEVATIONS
FRONT
REAR
RIGHT
LEFT
T.O. SHTG T.O. PL
9’-1”
8’-0” 7’-6”
7’-0”
T.O. PL
T.O. PL
T.O. WDW
T.O. SHTG T.O. SHTG
T.O. WDW
T.O. SHTG
9’-1”
7’-0”
8’-7” 8’-1”
T.O. PL
T.O. PL
T.O. PL
T.O. WDW T.O. WDW
9’-1”
T.O. SLAB
T.O. SLAB
7’-6 1/2”
CONCRETE ‘S’ TILE ROOF
EAGLE CAPISTRANO 75% 8403 SANTA BARBARA &
25% 3526 VALENCIA

FOAM SILL
BENJAMIN MOORE 0C-85 MAYONNAISE
STUCCO
BENJAMIN MOORE 0C-85 MAYONNAISE

WOOD RAFTERS
BENJAMIN MOORE 0C-85 MAYONNAISE

FIBERGLASS ENTRY DOOR
KELLY MOORE KMA 63 GREEN VALLEY

LEADER HEAD AND DOWNSPOUTS
BENJAMIN MOORE 0C-85 MAYONNAISE

FRENCH DOOR
WHITE
BRICK
BELDEN ‘JUMBO ROSEWOOD CLEAR A’

METAL JULIETTE BALCONY
BENJAMIN MOORE 2133-10 ONYX

WOOD CORBELS
BENJAMIN MOORE 0C-85 MAYONNAISE

FOAM SILL
BENJAMIN MOORE 0C-85 MAYONNAISE

CLAY TILE GABLE VENT

WOOD TRIM
BENJAMIN MOORE 0C-85 MAYONNAISE

FOAM HEADER
BENJAMIN MOORE 0C-85 MAYONNAISE

WOOD PICKETS
BENJAMIN MOORE 0C-85 MAYONNAISE

GARAGE DOOR
KELLY MOORE KMA 63 GREEN VALLEY

WOOD TRIM/CORBELS
BENJAMIN MOORE 0C-85 MAYONNAISE

VINYL WINDOWS

MILGARD WHITE STANDARD
Packet Page 224
10 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

SFD PLAN 2YC ELEVATIONS
FRONT
REAR
RIGHT
LEFT
T.O. SHTG T.O. PL
9’-1”
8’-0” 7’-6”
7’-0”
T.O. PL
T.O. PL
T.O. WDW
T.O. SHTG T.O. SHTG
T.O. WDW
T.O. SHTG
9’-1”
7’-0”
8’-1”
7’-0”
8’-1”
T.O. PL
T.O. PL
T.O. PL
T.O. WDW
T.O. WDW
T.O. WDW
9’-1”
T.O. SLAB
T.O. SLAB
7’-6 1/2”
CONCRETE ‘S’ TILE ROOF
EAGLE CAPISTRANO 75% 8403 SANTA BARBARA &
25% 3526 VALENCIA

ALUMINIUM CLAD WOOD WINDOWS
SIERRA PACIFIC 047 TEAL

FIBERGLASS ENTRY DOOR
PRATT & LAMBERT 23-19 NOCTURNAL SEA

PAVER TILE SILL

GLADDING MCBEAN TUMBLED BLENDED RED

PAVER TILE SILL

GLADDING MCBEAN TUMBLED BLENDED RED

WOOD SHUTTERS
PRATT & LAMBERT 2-18 BRITISH BROWN

WOOD CORBELS
PRATT & LAMBERT 2-18 BRITISH BROWN

LEADER HEAD AND DOWNSPOUTS
CUSTOM-BILT METALS ‘WEATHERED BRONZE’

CLAY TILE GABLE VENT

WOOD TRIM AND CORBELS
PRATT & LAMBERT 2-18 BRITISH BROWN

WOOD RAFTERS
PRATT & LAMBERT 2-18 BRITISH BROWN

WOOD HEADER
PRATT & LAMBERT 2-18 BRITISH BROWN

PAVER TILE SILL

GLADDING MCBEAN TUMBLED BLENDED RED
STUCCO
BENJAMIN MOORE 0C-85 MAYONNAISE

FABRIC AWNING
SUNBRELLA TRUE BROWN 4621

FOAM HEADER
PRATT & LAMBERT 2-18 BRITISH BROWN

METAL SUPPORTS
BENJAMIN MOORE 2133-10 ONYX

GARAGE DOOR
PRATT & LAMBERT 2-18 BRITISH BROWN

WOOD TRIM/CORBELS
PRATT & LAMBERT 2-18 BRITISH BROWN
Packet Page 225
11 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

FIRST FLOOR

FLOOR AREA TABLE
THIRD FLOOR SECOND FLOOR 4 BEDROOM + OFFICE

3.5 BATH
2-CAR GARAGE
SFD PLAN 2A FLOOR PLANS
Packet Page 226
12 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

THIRD FLOOR SECOND FLOOR FIRST FLOOR 4 BEDROOM + OFFICE

3.5 BATH
2-CAR GARAGE
NOTE: SCREENED SFD PLAN PORTIONS DO NOT
CHANGE FROM THE BASE FLOOR SFD PLAN.

SFD PLAN 2B FLOOR PLANS

FLOOR AREA TABLE
Packet Page 227
13 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

THIRD FLOOR SECOND FLOOR FIRST FLOOR 4 BEDROOM + OFFICE

3.5 BATH
2-CAR GARAGE
NOTE: SCREENED SFD PLAN PORTIONS DO NOT
CHANGE FROM THE BASE FLOOR SFD PLAN.

SFD PLAN 2YA FLOOR PLANS

FLOOR AREA TABLE
Packet Page 228
14 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

THIRD FLOOR SECOND FLOOR FIRST FLOOR 4 BEDROOM + OFFICE

3.5 BATH
2-CAR GARAGE
NOTE: SCREENED SFD PLAN PORTIONS DO NOT
CHANGE FROM THE BASE FLOOR SFD PLAN.

SFD PLAN 2YC FLOOR PLANS

FLOOR AREA TABLE
Packet Page 229
15 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY. 2YC 2B 2A/2YA
SFD PLAN 2 ROOF PLANS
Packet Page 230
16 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

FRONT
REAR
RIGHT
LEFT
SFD PLAN 3A ELEVATIONS
T.O. SHTG
T.O. PL
9’-1”
7’-6”
7’-0”
T.O. PL
T.O. PL
T.O. SHTG T.O. SHTG
T.O. WDW
T.O. SHTG
9’-1”
7’-0”
7’-7”
T.O. PL
T.O. PL
T.O. PL
T.O. WDW T.O. WDW
T.O. WDW
8’-0”
9’-1” 8’-1”
8’-0”
T.O. WDW
T.O. SLAB
T.O. SLAB
7’-11 1/2”

FABRIC AWNING
SUNBRELLA DEEP SEA 4691
CONCRETE ‘S’ TILE ROOF
EAGLE CAPISTRANO 75% 8403 SANTA BARBARA &
25% 3526 VALENCIA

WOOD SHUTTERS
SHERWIN WILLIAMS SW 6229 TEMPE STAR

WOOD RAFTERS
BENJAMIN MOORE 0C-85 MAYONNAISE

LEADER HEAD AND DOWNSPOUTS
BENJAMIN MOORE 0C-85 MAYONNAISE

FOAM HEADER AND SILL
BENJAMIN MOORE 0C-85 MAYONNAISE
BRICK
BELDEN ‘JUMBO ROSEWOOD CLEAR A’
STUCCO
BENJAMIN MOORE 0C-85 MAYONNAISE

FIBERGLASS ENTRY DOOR
SHERWIN WILLIAMS SW 6229 TEMPE STAR

WOOD TRIM/RAILING
BENJAMIN MOORE 0C-85 MAYONNAISE

FOAM SILL
BENJAMIN MOORE 0C-85 MAYONNAISE

FOAM HEADER
BENJAMIN MOORE 0C-85 MAYONNAISE

WOOD CORBELS
BENJAMIN MOORE 0C-85 MAYONNAISE

CLAY TILE GABLE VENT

FOAM HEADER
BENJAMIN MOORE 0C-85 MAYONNAISE

REAR DOOR
SHERWIN WILLIAMS SW 6229 TEMPE STAR

GARAGE DOOR
BENJAMIN MOORE 0C-85 MAYONNAISE

WOOD TRIM/CORBELS
BENJAMIN MOORE 0C-85 MAYONNAISE

FOAM HEADER
BENJAMIN MOORE 0C-85 MAYONNAISE

VINYL WINDOWS

MILGARD WHITE STANDARD
Packet Page 231
17 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

SFD PLAN 3B ELEVATIONS
FRONT
REAR
RIGHT
LEFT
T.O. SHTG
T.O. PL
9’-1”
7’-6”
T.O. PL
T.O. PL
T.O. SHTG T.O. SHTG
T.O. WDW
T.O. SHTG
9’-1” 7’-11”
7’-0”
T.O. PL
T.O. PL
T.O. PL
T.O. WDW T.O. WDW
T.O. WDW
8’-0”
9’-1” 8’-1”
8’-0”
T.O. WDW
T.O. SLAB
T.O. SLAB
7’-0”
7’-11”
CONCRETE ‘S’ TILE ROOF
EAGLE CAPISTRANO 75% 8403 SANTA BARBARA &
25% 3526 VALENCIA

PAVER TILE SILL

GLADDING MCBEAN TUMBLED BLENDED RED

LEADER HEAD AND DOWNSPOUTS
CUSTOM-BILT METALS ‘WEATHERED BRONZE’

DECORATIVE TILE
MALIBU HM CUSTOMIZED MC1-111

FABRIC AWNING
SUNBRELLA DEEP SEA 4691

FIBERGLASS ENTRY DOOR
SHERWIN WILLIAMS SW 6229 TEMPE STAR
STUCCO
DUNN EDWARDS DE 5294 BLANK CANVAS

WOOD PICKETS
PRATT & LAMBERT 2-18 BRITISH BROWN

WOOD HEADER
PRATT & LAMBERT 2-18 BRITISH BROWN

WOOD CORBELS
DUNN EDWARDS DE 5294 BLANK CANVAS

FOAM SILL
PRATT & LAMBERT 2-18 BRITISH BROWN

REAR DOOR
SHERWIN WILLIAMS SW 6229 TEMPE STAR

GARAGE DOOR
PRATT & LAMBERT 2-18 BRITISH BROWN

WOOD RAFTERS
PRATT & LAMBERT 2-18 BRITISH BROWN

WOOD HEADER
PRATT & LAMBERT 2-18 BRITISH BROWN

WOOD TRIM/CORBELS
PRATT & LAMBERT 2-18 BRITISH BROWN

PAVER TILE SILL

GLADDING MCBEAN TUMBLED BLENDED RED

VINYL WINDOWS

MILGARD CLASSIC BROWN
Packet Page 232
18 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

THIRD FLOOR SECOND FLOOR FIRST FLOOR 4 BEDROOM + OFFICE

3.5 BATH
2-CAR GARAGE
SFD PLAN 3A FLOOR PLANS

FLOOR AREA TABLE
Packet Page 233
19 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

THIRD FLOOR SECOND FLOOR FIRST FLOOR 4 BEDROOM + OFFICE

3.5 BATH
2-CAR GARAGE
NOTE: SCREENED SFD PLAN PORTIONS DO NOT
CHANGE FROM THE BASE FLOOR SFD PLAN.

SFD PLAN 3B FLOOR PLANS

FLOOR AREA TABLE
Packet Page 234
20 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY. 3B 3A
SFD PLAN 3 ROOF PLANS
Packet Page 235
21 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

SFD PLAN 4A ELEVATIONS
FRONT
REAR
RIGHT
LEFT
T.O. SLAB
T.O. SLAB
T.O. PL
7’-0”
T.O. PL
T.O. SHTG
T.O. SHTG
9’-1”
8’-0”
7’-11”
T.O. PL
T.O. WDW
T.O. WDW
8’-1”
T.O. SHTG
9’-1”
7’-6”
T.O. PL
T.O. SHTG
T.O. WDW
7’-11” 9’-1”
7’-0”
T.O. PL
T.O. PL
T.O. WDW
B.O. BM
8’-0”

FOAM SILL
PRATT & LAMBERT 2-18 BRITISH BROWN

WOOD CORBELS
BENJAMIN MOORE 0C-85 MAYONNAISE

FIBERGLASS ENTRY DOOR
PRATT & LAMBERT 2-18 BRITISH BROWN

LEADER HEAD AND DOWNSPOUTS
CUSTOM-BILT METALS ‘WEATHERED BRONZE’
CONCRETE ‘S’ TILE ROOF
EAGLE CAPISTRANO 75% 8403 SANTA BARBARA &
25% 3526 VALENCIA

PAVER TILE SILL

GLADDING MCBEAN TUMBLED BLENDED RED

ALUMINIUM CLAD WOOD WINDOWS
SIERRA PACIFIC 047 TEAL
STUCCO
BENJAMIN MOORE 0C-85 MAYONNAISE

CLAY TILE GABLE VENT

METAL GRILLE
BENJAMIN MOORE 2133-10 ONYX

FABRIC AWNING
SUNBRELLA TEAL TWEED 6050

METAL POT RINGS
BENJAMIN MOORE 2133-10 ONYX

REAR DOOR
PRATT & LAMBERT 2-18 BRITISH BROWN

GARAGE DOOR
PRATT & LAMBERT 2-18 BRITISH BROWN

WOOD CORBELS
BENJAMIN MOORE 0C-85 MAYONNAISE
Packet Page 236
22 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

SFD PLAN 4B ELEVATIONS
FRONT
REAR
RIGHT
LEFT
T.O. SHTG
T.O. PL
9’-1”
7’-6”
7’-0”
T.O. PL
T.O. PL
T.O. SHTG T.O. SHTG
T.O. WDW
T.O. SHTG
7’-11” 9’-1”
7’-0” 8’-0”
9’-1”
8’-0”
7’-11”
T.O. PL
T.O. PL
T.O. PL
T.O. WDW
T.O. WDW
T.O. WDW
B.O. BM
8’-1”
T.O. SLAB
T.O. SLAB

WOOD PICKETS AND POSTS
BENJAMIN MOORE 0C-85 MAYONNAISE

FIBERGLASS ENTRY DOOR
KELLY MOORE KMA 63 GREEN VALLEY
CONCRETE ‘S’ TILE ROOF
EAGLE CAPISTRANO 75% 8403 SANTA BARBARA &
25% 3526 VALENCIA

WOOD TRIM SURROUND
BENJAMIN MOORE 0C-85 MAYONNAISE
STUCCO
BENJAMIN MOORE 0C-85 MAYONNAISE

WOOD RAFTERS
BENJAMIN MOORE 0C-85 MAYONNAISE

BOARD AND BATTENS
BENJAMIN MOORE 0C-85 MAYONNAISE

WOOD SILL
BENJAMIN MOORE 0C-85 MAYONNAISE

WOOD HEADER
BENJAMIN MOORE 0C-85 MAYONNAISE

LEADER HEAD AND DOWNSPOUTS
BENJAMIN MOORE 0C-85 MAYONNAISE

FOAM SILL
BENJAMIN MOORE 0C-85 MAYONNAISE

WOOD SHUTTERS
KELLY MOORE KMA 63 GREEN VALLEY

WOOD HEADER
BENJAMIN MOORE 0C-85 MAYONNAISE

WOOD SILL
BENJAMIN MOORE 0C-85 MAYONNAISE

WOOD TRIM AND CORBELS
BENJAMIN MOORE 0C-85 MAYONNAISE

WOOD TRIM
BENJAMIN MOORE 0C-85 MAYONNAISE

REAR DOOR
KELLY MOORE KMA 63 GREEN VALLEY

GARAGE DOOR
KELLY MOORE KMA 63 GREEN VALLEY

VINYL WINDOWS

MILGARD WHITE STANDARD
Packet Page 237
23 CEDAR BOULEVARD

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17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

THIRD FLOOR SECOND FLOOR FIRST FLOOR 4 BEDROOM + OFFICE

3.5 BATH
2-CAR GARAGE
SFD PLAN 4A FLOOR PLANS

FLOOR AREA TABLE
Packet Page 238
24 CEDAR BOULEVARD

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17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

THIRD FLOOR SECOND FLOOR FIRST FLOOR 4 BEDROOM + OFFICE

3.5 BATH
2-CAR GARAGE
NOTE: SCREENED SFD PLAN PORTIONS DO NOT
CHANGE FROM THE BASE FLOOR SFD PLAN.

SFD PLAN 4B FLOOR PLANS

FLOOR AREA TABLE
Packet Page 239
25 CEDAR BOULEVARD

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17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
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DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

SFD PLAN 4 ROOF PLANS
4B 4A
Packet Page 240
26 CEDAR BOULEVARD

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17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
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DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

FRONT
REAR
RIGHT
LEFT
SFD PLAN 5A ELEVATIONS
T.O. SHTG
T.O. PL
9’-1”
7’-6”
T.O. PL
T.O. PL
T.O. SHTG T.O. SHTG
T.O. WDW
T.O. SHTG
8’-1” 6’-0”
4’-10”
T.O. PL
T.O. PL
T.O. PL
T.O. PL
T.O. WDW
T.O. WDW
7’-0” 7’-6”
8’-1” 9’-1”
7’-3”
T.O. WDW
T.O. SLAB T.O. CURB
6’-0”

FIBERGLASS ENTRY DOOR
SHERWIN WILLIAMS SW 6229 TEMPE STAR

FOAM HEADERS
PRATT & LAMBERT 2-18 BRITISH BROWN

LEADER HEAD AND DOWNSPOUTS
BENJAMIN MOORE 0C-85 MAYONNAISE

WOOD HEADER
PRATT & LAMBERT 2-18 BRITISH BROWN
CONCRETE ‘S’ TILE ROOF
EAGLE CAPISTRANO 75% 8403 SANTA BARBARA
& 25% 3526 VALENCIA

PAVER TILE SILL

GLADDING MCBEAN TUMBLED BLENDED RED

GARAGE DOOR
PRATT & LAMBERT 2-18 BRITISH BROWN

WOOD TRIM/CORBELS
PRATT & LAMBERT 2-18 BRITISH BROWN

WOOD HEADER
PRATT & LAMBERT 2-18 BRITISH BROWN

WOOD RAFTERS
PRATT & LAMBERT 2-18 BRITISH BROWN
STUCCO
BENJAMIN MOORE 0C-85 MAYONNAISE

PAVER TILE SILL

GLADDING MCBEAN TUMBLED BLENDED RED

WOOD SHUTTERS
PRATT & LAMBERT 2-18 BRITISH BROWN

FABRIC AWNING
SUNBRELLA TEAL TWEED 6050

ALUMINIUM CLAD WOOD WINDOWS
SIERRA PACIFIC 047 TEAL

WOOD HEADER
PRATT & LAMBERT 2-18 BRITISH BROWN

PAVER TILE SILL

GLADDING MCBEAN TUMBLED BLENDED RED
T.O. SHTG
T.O. PL
9’-1”
T.O. PL
T.O. SHTG T.O. SHTG
T.O. SHTG
8’-1” 6’-0”
T.O. PL
T.O. PL
T.O. PL
T.O. WDW
7’-6”
8’-1” 9’-1”
7’-6”
T.O. WDW
T.O. CURB T.O. SLAB
Packet Page 241
27 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

THIRD FLOOR SECOND FLOOR FIRST FLOOR 3 BEDROOM + BONUS
(OPT. BEDROOM)

3.5 BATH
2-CAR GARAGE
SFD PLAN 5A FLOOR PLANS

FLOOR AREA TABLE
Packet Page 242
28 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

SFD PLAN 5 ROOF PLAN
5A
Packet Page 243
29 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

DUET 1: 2-2A FRONT ELEVATION
T.O. SHTG
T.O. PL
9’-1”
7’-9”
T.O. PL
T.O. PL
T.O. SHTG T.O. SHTG
T.O. SHTG
8’-4” 8’-1”
7’-0” 7’-0”
8’-7”
T.O. PL
T.O. PL
T.O. PL
T.O. WDW
T.O. WDW
T.O. WDW
T.O. WDW
8’-1” 9’-1”
7’-0” 7’-0”
T.O. PL
T.O. SLAB T.O. SLAB

FIBERGLASS ENTRY DOOR
KELLY MOORE KMA 63 GREEN VALLEY
CONCRETE ‘S’ TILE ROOF
EAGLE CAPISTRANO 75% 8403 SANTA BARBARA &
25% 3526 VALENCIA

WOOD RAFTERS
BENJAMIN MOORE 0C-85 MAYONNAISE
BRICK
BELDEN ‘JUMBO ROSEWOOD CLEAR A’

BOARD AND BATTENS
BENJAMIN MOORE 0C-85 MAYONNAISE

WOOD TRIM SURROUND
BENJAMIN MOORE 0C-85 MAYONNAISE

LEADER HEAD AND DOWNSPOUTS
BENJAMIN MOORE 0C-85 MAYONNAISE

WINDOW SHUTTERS
KELLY MOORE KMA 63 GREEN VALLEY

WOOD HEADER
BENJAMIN MOORE 0C-85 MAYONNAISE

WOOD SILL
BENJAMIN MOORE 0C-85 MAYONNAISE
STUCCO
BENJAMIN MOORE 0C-85 MAYONNAISE

VINYL WINDOWS

MILGARD WHITE STANDARD
Packet Page 244
30 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

DUET 1: 2-2A ELEVATIONS
FRONT
REAR
RIGHT
LEFT
T.O. SHTG
T.O. SLAB
9’-1”
7’-9”
T.O. SLAB
T.O. PL
T.O. SHTG T.O. SHTG
T.O. SHTG
T.O. SLAB
8’-4” 8’-1”
7’-0” 7’-0”
8’-7”
T.O. PL
T.O. PL
T.O. PL
T.O. WDW
T.O. WDW
T.O. WDW
T.O. WDW
T.O. SLAB
8’-1” 9’-1”
7’-0” 7’-0”
T.O. PL
T.O. PL T.O. PL

WOOD POST/BALCONY

BENJAMIN MOORE
0C-85 MAYONNAISE

WOOD TRIM SURROUND

BENJAMIN MOORE
0C-85 MAYONNAISE

WOOD HEADER AND SILL

BENJAMIN MOORE
0C-85 MAYONNAISE

WOOD TRIM SURROUND
BENJAMIN MOORE 0C-85 MAYONNAISE

WOOD HEADER
BENJAMIN MOORE 0C-85 MAYONNAISE

WOOD SILL
BENJAMIN MOORE 0C-85 MAYONNAISE

PAVER TILE SILL

GLADDING MCBEAN

TUMBLED BLENDED RED

FOAM SILL
BENJAMIN MOORE 0C-85 MAYONNAISE
Packet Page 245
31 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

UNIT 2A.2 UNIT 2A.1
4 BEDROOM + OFFICE

3.5 BATH
2-CAR GARAGE
4 BEDROOM + OFFICE

3.5 BATH
2-CAR GARAGE
DUET 1: 2-2A FLOOR PLANS

FLOOR AREA TABLE

SECOND FLOOR FIRST FLOOR
UNIT 2A.2 UNIT 2A.1 UNIT 2A.2 UNIT 2A.1
Packet Page 246
32 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

UNIT 2A.2 UNIT 2A.1
4 BEDROOM + OFFICE

3.5 BATH
2-CAR GARAGE
4 BEDROOM + OFFICE

3.5 BATH
2-CAR GARAGE

FLOOR AREA TABLE
DUET 1: 2-2A FLOOR PLAN AND ROOF PLAN

ROOF PLAN THIRD FLOOR
UNIT 2A.2 UNIT 2A.1
Packet Page 247
33 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

DUET 2: 2-4A FRONT ELEVATION
T.O. SLAB
T.O. SHTG
T.O. PL
8’-1”
T.O. PL
T.O. PL
T.O. SHTG T.O. SHTG
T.O. SHTG
T.O. PL
T.O. PL
T.O. PL
T.O. WDW
T.O. WDW
T.O. WDW
T.O. DR
9’-1”
7’-0” 8’-0”
T.O. WDW
8’-1”
T.O. SLAB
9’-1” 7’-10 3/4”+/- 8’-1”
7’-0” 6’-8” 6’-6”

FIBERGLASS ENTRY DOOR
DUNN EDWARDS DE 5650 GREEN BAYOU
CONCRETE ‘S’ TILE ROOF
EAGLE CAPISTRANO 75% 8403 SANTA BARBARA &
25% 3526 VALENCIA

METAL JULIETTE BALCONY
BENJAMIN MOORE 2133-10 ONYX
STUCCO
BENJAMIN MOORE 0C-85 MAYONNAISE

FOAM SILL
BENJAMIN MOORE 0C-85 MAYONNAISE

WOOD RAFTERS
BENJAMIN MOORE 0C-85 MAYONNAISE

LEADER HEAD AND DOWNSPOUTS
BENJAMIN MOORE 0C-85 MAYONNAISE

PAVER TILE SILL

GLADDING MCBEAN TUMBLED BLENDED RED

WOOD TURNED POST
BENJAMIN MOORE 0C-85 MAYONNAISE

CLAY TILE GABLE VENT
BRICK
BELDEN ‘JUMBO ROSEWOOD CLEAR A’

VINYL WINDOWS

MILGARD WHITE STANDARD
Packet Page 248
34 WOOD POST/BALCONY

BENJAMIN MOORE
0C-85 MAYONNAISE

FOAM HEADER AND SILL

BENJAMIN MOORE
0C-85 MAYONNAISE

CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

RIGHT FRONT
LEFT REAR DUET 2: 2-4A ELEVATIONS
T.O. SHTG
T.O. PL
9’-1”
6’-6”
8’-1”
T.O. PL
T.O. SHTG T.O. SHTG
T.O. WDW
T.O. SHTG
7’-10 3/4” +/- 8’-1”
7’-0”
T.O. PL
T.O. PL
T.O. PL
T.O. WDW T.O. WDW
9’-1” 8’-1”
7’-0”
T.O. PL
6’-8”
T.O. DR
T.O. WDW
8’-0”
T.O. SLAB T.O. SLAB

CLAY TILE GABLE VENT

WOOD SILL
BENJAMIN MOORE 0C-85 MAYONNAISE

FOAM HEADER
BENJAMIN MOORE 0C-85 MAYONNAISE

FOAM SILL
BENJAMIN MOORE 0C-85 MAYONNAISE

METAL POT RINGS
BM 2133-10 ONYX

FABRIC AWNING
FERN 4671-0000

FOAM SILL
BENJAMIN MOORE 0C-85 MAYONNAISE
Packet Page 249
35 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

UNIT 2A.2 UNIT 4A.1
4 BEDROOM + OFFICE

3.5 BATH
2-CAR GARAGE
4 BEDROOM + OFFICE

3.5 BATH
2-CAR GARAGE

FLOOR AREA TABLE
DUET 2: 2-4A FLOOR PLANS

SECOND FLOOR FIRST FLOOR
UNIT 2A.2 UNIT 4A.1 UNIT 2A.2 UNIT 4A.1
Packet Page 250
36 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

UNIT 2A.2 UNIT 4A.1
4 BEDROOM + OFFICE

3.5 BATH
2-CAR GARAGE
4 BEDROOM + OFFICE

3.5 BATH
2-CAR GARAGE

FLOOR AREA TABLE
DUET 2: 2-4A FLOOR PLAN AND ROOF PLAN

ROOF PLAN THIRD FLOOR
UNIT 2A.2 UNIT 4A.1
Packet Page 251
37 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

DUET 3: 4-4B FRONT ELEVATION
T.O. SLAB T.O. SLAB
T.O. SHTG
8’-1”
T.O. PL
T.O. SHTG
7’-11” 9’-1”
7’-0” 7’-6”
T.O. PL
T.O. PL
T.O. WDW
T.O. WDW
T.O. PL
7’-11”
T.O. PL
T.O. SHTG
T.O. SHTG
T.O. PL
T.O. WDW
T.O. HEEL
T.O. WDW
9’-1”
7’-0” 7’-6”
8’-1”

WOOD TURNED PICKETS
BENJAMIN MOORE 0C-85 MAYONNAISE

FIBERGLASS ENTRY DOOR
KELLY MOORE KM 4435 WARM WELCOME
CONCRETE ‘S’ TILE ROOF
EAGLE CAPISTRANO 75% 8403 SANTA BARBARA &
25% 3526 VALENCIA
STUCCO
BENJAMIN MOORE 0C-85 MAYONNAISE

WOOD TRIM AND CORBELS
BENJAMIN MOORE 0C-85 MAYONNAISE

WOOD SILL
BENJAMIN MOORE 0C-85 MAYONNAISE

WOOD HEADER
BENJAMIN MOORE 0C-85 MAYONNAISE

WOOD TRIM SURROUND
BENJAMIN MOORE 0C-85 MAYONNAISE

BOARD AND BATTENS
BENJAMIN MOORE 0C-85 MAYONNAISE

WOOD RAFTERS
BENJAMIN MOORE 0C-85 MAYONNAISE

LEADER HEAD AND DOWNSPOUTS
BENJAMIN MOORE 0C-85 MAYONNAISE

VINYL WINDOWS

MILGARD WHITE STANDARD
Packet Page 252
38 WOOD CORBELS

BENJAMIN MOORE
0C-85 MAYONNAISE

WOOD HEADER AND SILL

BENJAMIN MOORE
0C-85 MAYONNAISE

BOARD & BATTEN

BENJAMIN MOORE
0C-85 MAYONNAISE

FOAM SILL
BENJAMIN MOORE 0C-85 MAYONNAISE

FOAM SILL

BENJAMIN MOORE
0C-85 MAYONNAISE

METAL POT RINGS
BM 2133-10 ONYX

FABRIC AWNING
POMEGRANATE 14604-0000

CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

RIGHT FRONT
LEFT REAR DUET 3: 4-4B ELEVATIONS
T.O. SHTG
T.O. SLAB
T.O. PL
8’-1”
7’-11”
T.O. PL
T.O. SHTG T.O. SHTG
T.O. SHTG
T.O. SLAB
7’-11” 9’-1”
7’-0”
T.O. PL
T.O. PL
T.O. PL
T.O. WDW T.O. WDW
9’-1” 8’-1”
7’-0”
T.O. PL
7’-6”
T.O. WDW T.O. WDW
T.O. HEEL
7’-6”
T.O. SLAB T.O. SLAB
Packet Page 253
39 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

UNIT 4B.2 UNIT 4B.1
4 BEDROOM + OFFICE

3.5 BATH
2-CAR GARAGE
4 BEDROOM + OFFICE

3.5 BATH
2-CAR GARAGE

FLOOR AREA TABLE
DUET 3: 4-4B FLOOR PLANS

SECOND FLOOR FIRST FLOOR
UNIT 4B.2 UNIT 4B.1 UNIT 4B.2 UNIT 4B.1
Packet Page 254
40 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

ROOF PLAN 4 BEDROOM + OFFICE

3.5 BATH
2-CAR GARAGE
4 BEDROOM + OFFICE

3.5 BATH
2-CAR GARAGE

FLOOR AREA TABLE
DUET 3: 4-4B FLOOR PLAN AND ROOF PLAN

THIRD FLOOR
UNIT 4B.2 UNIT 4B.1 UNIT 4B.2 UNIT 4B.1
Packet Page 255
41 CEDAR BOULEVARD

NEWARK, CALIFORNIA
17025.01 07/25/2022

PLANNING DEPARTMENT

SUBMITTAL

RUGGERI-JENSEN-AZAR ENGINEERS
CIVIL

DESIGN FOCUS

LANDSCAPE

STUDIO CONOVER

COLOR CONSULTANT
MANUFACTURED PRODUCTS, WINDOWS, DOORS, LIGHTS, ETC MAY CHANGE BASED ON AVAILABILITY.

ROOF TILE

EAGLE CAPISTRANO
75% 8403 SANTA BARBARA

EAGLE CAPISTRANO
25% 3526 VALENCIA
AWNING

SUNBRELLA
FERN
4671

DEEP SEA
4691

POMEGRANATE
14604

FOREST GREEN
4637

TRASH ENCLOSURE

PLASTER

TRASH ENCLOSURE

WOOD GATES

BENJAMIN MOORE
OC-85 MAYONNAISE

BENJAMIN MOORE
OC-85 MAYONNAISE OR/

PRAT T & LAMBERT
2-18 BRITISH BROWN
DUNN EDWARDS DE 5294 BLANK
CANVAS

ENTRY DOORS WINDOWS

PRIVACY SOUND
WALL

PRAT T & LAMBERT
23-19 NOCTURNAL SEA
VPI
WHITE

SHERWIN WILLIAMS
SW 7547 SANDBAR

SHERWIN WILLIAMS
SW 6229 TEMPE STAR

SIERRA PACIFIC
047 TEAL WOOD

KELLY MOORE
KM 4435 WARM WELCOME

TRUE BROWN
4621

DUNN EDWARDS
DE 5746 ASPEN HUSH

PRAT T & LAMBERT
2-18 BRITISH BROWN

AQUAMARINE
4623

MILGARD
WHITE

KELLY MOORE
KMA 63 GREEN VALLEY

MILGARD

CLASSIC BROWN

DUNN EDWARDS
DE 5650 GREEN BAYOU
VPI

ARCHITECTURAL BRONZE

TEAL TWEED
6050
BRICK
BELDEN
‘JUMBO ROSEWOOD CLEAR A’
(GROUT: OBP MAC PLUS ‘ADELANTO TAN’)

BENJAMIN MOORE
DE 5294 BLANK CANVAS
(OCCURS ON HOMES WITH BROWN TRIM)

STUCCO/

STUCCO CORBELS

BENJAMIN MOORE
BM OC-85 MAYONNAISE
TILE

MALIBU CERAMIC WORKS
HM. MC1-111 HM. 12

WOOD TRIM
(FASCIA, EAVE, TAILS, HEADERS, BALCONY RAILING, POP-OUTS,

WOOD CORBELS, WINDOW BOXES)

BENJAMIN MOORE
BM OC-85 MAYONNAISE
(RANDOMLY PLOT TED ON APPROX 75% OF BUILDINGS)

PRAT T & LAMBERT
2-18 BRITISH BROWN
(RANDOMLY PLOT TED ON APPROX 25% OF BUILDINGS)

GARAGE DOORS BOARD & BAT TEN

BENJAMIN MOORE
BM OC-85 MAYONNAISE

PRAT T & LAMBERT
2-18 BRITISH BROWN

DUNN EDWARDS
DE 5746 ASPEN HUSH

KELLY MOORE
KMA 63 GREEN VALLEY

GUTTERS/DOWNSPOUTS

CUSTOM-BILT METALS

WEATHERED BRONZE

BENJAMIN MOORE
BM OC-85 MAYONNAISE

PORCH/STOOP

SHERWIN WILLIAMS
7593 RUSTIC RED

QUARRY TILE

GLADDING MCBEAN

TUMBLED BLENDED RED

LOW PLASTER WALLS
WHITE: BENJAMIN MOORE
OC-85 MAYONNAISE

COLOR AND MATERIAL BOARD
NOTE: COLORS MAY VARY DUE TO SCREEN RESOLUTION.

REFER TO PAINT CHIPS FOR ACTUAL COLORS

BALCONY RAILING PICKETS - PAINT TO MATCH TRIM
PORCH / STOOP - PAINTED CONCRETE TO MATCH SHERWIN WILLIAMS SW 7593 RUSTIC RED

WROUGHT IRON

BENJAMIN MOORE
BM 2133-10 ONYX
Packet Page 256
FOAM FOAM BRICK BRICK FOAM FOAM BRICK BRICK 13 AD2-10 7 AD4-03 T.O. SLAB T.O. SHTG T.O. PL T.O. PL T.O. SHTG T.O. PL 8'-1"
9'-1" 9'-1" T.O. WDW
7'-0" T.O. PL
9'-1" T.O. SHTG T.O. SHTG T.O. WDW
7'-0" T.O. CURB T.O. WDW
7'-0" T.O. WDW7'-6" T.O. WDW
7'-6" T.O. PL
7'-11" T.O. PL
7'-11" FOAM TVTEL ELEC 5.3 6.1 6.4 7.1 5.4 8 AD4-01 7.11 2.2 7.14 12 AD4-01 7.14 1 AD4-01 FOAM 7'-612" T.O. PL 6 AD4-02 6.10 WINDOW AND SHUTTER @ ENHANCED ELEV. 2 AD4-01 4.3 SHUTTER @ ENHANCED ELEV. 11 AD4-02 BRICK BRICK BRICK BRICK 2 AD3-10 13 AD2-10 11 AD4-02 T.O. SLAB T.O. SHTG T.O. PL 8'-1"
9'-1" T.O. PL T.O. SLAB T.O. SHTG T.O. PL9'-1"
9'-1" T.O. PL T.O. SHTG T.O. SHTG
7'-6" T.O. WDW T.O. WDW
7'-6" T.O. PL
7'-11" T.O. PL
7'-0" T.O. WDW
7'-11"
7'-6" B.O. BM
7'-0" T.O. WDW T.O. OPN'G7'-0"
3'-4" 7.11 7.1 5.3 6.1 6.4 2 AD4-01 2.2 3.3 16.4 16.2 6 AD4-01 5 AD2-11 SIM. PAVER PAVER BEYOND 4.3 BRICK BRICK PAVER WOOD WOOD 11 AD3-10 5 AD3-60 8 5 AD2-10 AD2-11 13 AD4-02 T.O. CURB T.O. SHTG T.O. PL T.O. PL T.O. PL T.O. CURB T.O. SHTG T.O. PL T.O. WDW T.O. WDW T.O. SHTG T.O. PL T.O. SHTG T.O. PL T.O. WDW T.O. WDW 7'-0"
7'-11" 9'-1"
7'-6"
9'-1"
9'-1"
8'-0"
9'-1"
7'-0"
7'-11" 6.7 6.10 7.11 16.2 2.2 7.1 5.3 6.1 6.4 PAVER PAVER PAVER 5 AD2-11 SIM. PAVER FOAM FOAM FOAM 12 AD2-10 T.O. SHTG T.O. PL T.O. PL T.O. PL T.O. SLAB T.O. SHTG T.O. PL 9'-1" 9'-1"
9'-1" 9'-1" T.O. WDW
8'-0" T.O. SHTG T.O. PL T.O. SHTG T.O. PL
7'-11"
7'-11" T.O. WDW
7'-0" T.O. CURB
7'-6" T.O. WDW FOAM
8'-314" FOAM TV TEL ELEC 7 AD4-03 5.3 6.1 6.4 7.1 5.4 11 AD4-02 8 AD4-01 2.2 7.14 7.11 12 AD4-01 7.14 1 AD4-01 T.O. PL 2 AD4-01 4.3 11 AD4-02 T.O. SHTG 9'-1" T.O. PL
8'-0" T.O. WDW WOOD WOOD WOOD 9 AD2-11 10 AD3-10 FRONT ELEVATION 4C SCALE: 1/4" = 1'-0" RIGHT ELEVATION 4C SCALE: 1/4" = 1'-0" 17025_A4C5-01 PLAN 4C EXTERIOR ELEVATIONS A4C5-1 SHEET NUMBER: STAMP: REVISIONS: BUILDING DEPARTMENT SUBMITTAL: SR ASSOCIATE: PROJECT CAD FILE: PROJECT NUMBER: ASSOCIATES: PRJ DIRECTOR: SHEET TITLE: JOB CAPTAIN: SR PRJ DIRECTOR: PRINCIPAL: SHEET NUMBER: STAMP: REVISIONS: BUILDING DEPARTMENT SUBMITTAL: SR ASSOCIATE: PROJECT CAD FILE: PROJECT NUMBER: ASSOCIATES: PRJ DIRECTOR: SHEET TITLE: JOB CAPTAIN: SR PRJ DIRECTOR: PRINCIPAL: SHEET NUMBER: STAMP: REVISIONS: BUILDING DEPARTMENT SUBMITTAL: SR ASSOCIATE: PROJECT CAD FILE: PROJECT NUMBER: ASSOCIATES: PRJ DIRECTOR: SHEET TITLE: JOB CAPTAIN: SR PRJ DIRECTOR: PRINCIPAL: ROBERT HIDEY ARCHITECTS, INC. © 2023 - ALL RIGHTS RESERVED THE DRAWINGS, DESIGNS, INFORMATION, CONTENT AND PROCEDURES DESCRIBED HEREIN ARE FOR THE EXCLUSIVE USE OF ROBERT HIDEY ARCHITECTS, INC., OR AFFILIATES, AND, AS SUCH, ARE NOT TO BE REPRODUCED IN ANY FORM OR MEDIA, CURRENT OR FUTURE, OR DISCLOSED TO OTHERS WITHOUT THE WRITTEN CONSENT OF ROBERT HIDEY ARCHITECTS, INC. DISTRIBUTION OR DUPLICATION OF THESE DOCUMENTS IS NOT TO BE CONSTRUED AS PUBLICATION IN DEROGATION OF THESE RIGHTS. VISUAL CONTACT WITH THESE DOCUMENTS SHALL CONSTITUTE EVIDENCE OF ACCEPTANCE OF THESE RESTRICTIONS. 01/19/2023 CEDAR BOULEVARD NEWARK, CA ROBSON HOMES 2185 THE ALAMEDA, SUITE 150 SAN JOSE, CA 95126 408.345.1767 408.345.1768 1st SUBMITTAL: 12-21-2022 2nd SUBMITTAL: 3rd SUBMITTAL 4th SUBMITTAL 5th SUBMITTAL DWCMTS, RR, BN MSVL, JM 17025 90% CONSTRUCTION DOCUMENTS 12-21-2022 REAR ELEVATION 4C SCALE: 1/4" = 1'-0" LEFT ELEVATION 4C SCALE: 1/4" = 1'-0" ELEVATION NOTES GENERAL NOTES 0. SPATIAL 0.1 LINE OF WALL BEYOND. 0.2 OPENING IN WALL. 4. MASONRY 4.1 PRECAST STONE VENEER (ADHERED)

4.2 THIN BRICK VENEER (ADHERED)4.3 FULL BRICK TRIM (ANCHORED) 4.4 BRICK WAINSCOT 4.5 STONE WAINSCOT 4.6 PRECAST CONCRETE CAP 4.7 PRECAST CONCRETE COLUMN 4.8 PRECAST TRIM 5. METALS 5.2 C.R. STUCCO WEEP SCREED, TYP 5.3 C.R. GUTTER, TYP 5.4 C.R. DOWNSPOUT (3" Ø) 5.5 C.R. METAL LOUVERED ATTIC VENT WITH 1/4" C.R SCREEN AT INTERIOR. SEE ELEVATION FOR SIZE 5.6 C.R. METAL GUARD, 42" HIGH MIN 5.7 C.R. METAL POTSHELF 5.9 C.R. FLASHING AT INTERSECTION 5.10 C.R. ORNAMENTAL METAL GATE 5.11 C.R. METAL GRILLE 5.12 C.R. SCREENED VENT, 14" x 8" MIN 7. EXTERIOR FINISHES 7.1 ROOFING MATERIAL. (REFER TO ROOF PLANS) 7.2 CEMENT BOARD 'HARDI-PANEL w/ BATTENS 7.3 CEMENT BOARD HORIZONTAL SIDING 7.4 CEMENT BOARD PANEL SIDING 7.5 CEMENT BOARD TRIM 7.6 POLYURETHANE SHUTTER 7.7 WOOD SHUTTERS 7.8 WOOD SIDING 7.9 CERAMIC TILE RISERS 7.10 CERAMIC TILE SET IN STUCCO 7.11 3-COAT STUCCO (MIN. 30/30 FINISH) 7.12 STUCCO SOFFIT / CEILING 7.13 STUCCO SILL, SLOPE 1/2" PER FT. MIN. 7.14 STUCCO EXPANSION / CONTROL JOINT 7.15 STUCCO RECESS 7.16 STUCCO OVER FOAM SHAPE 7.17 STUCCO OVER HIGH DENSITY FOAM COLUMN WITH SMOOTH FINISH COAT 7.18 STUCCO OVER HIGH DENSITY FOAM SURROUND WITH SMOOTH FINISH COAT 7.19 STUCCO OVER FOAM SHELF, SLOPE AWAY FROM BLD'G 1/2" PER FT. MIN. 7.20 STUCCO OVER 2x CAP 7.21 STUCCO WRAPPED FOAM CORBEL. 7.22 STUCCO OVER CONCRETE MASONRY UNIT WALL 7.23 CEMENT BOARD SHINGLE 9. MISCELLANEOUS 9.1 FALSE RECESSED VENT 9.2 COURTYARD WALL: REFER TO PRECISE GRADING PLANS FOR DESIGN 9.3 LOUVERED DOOR FOR MECH. VENTILATION XX 1. ANY DISCREPANCY FOUND IN THESE DRAWINGS TO BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO ANY CONSTRUCTION. 2. HORIZONTAL AND VERTICAL DIMENSIONS SHOWN ARE FROM FACE OF STUD, FACE OF CONCRETE, OR FACE OF CMU, UNLESS NOTED OTHERWISE. 3. FIRST FLOOR DIMENSIONS ARE TOP OF SLAB OR TOP OF SUB FLOOR SHEATHING MATERIAL. 4. SECOND FLOOR DIMENSIONS ARE TOP OF SUB FLOOR SHEATHING MATERIAL. 6. ALL EXTERIOR PAVING AND SITE ELEMENTS ARE FOR REFERENCE ONLY REFER TO LANDSCAPE AND CIVIL DRAWINGS FOR DESIGN, DETAILS AND DIMENSIONS. 7. ALL MECHANICAL EQUIPMENT, GRILLS AND CONTROLS ARE FOR REFERENCE ONLY REFER TO MECHANICAL DRAWINGS FOR DESIGN, DETAILS AND DIMENSIONS. 8. ALL ELECTRICAL FIXTURES, OUTLETS AND EQUIPMENT ARE FOR REFERENCE ONLY REFER TO ELECTRICAL DRAWINGS FOR DESIGN, DETAILS AND DIMENSIONS. KEY NOTE SYMBOL LEGEND: 2. SITE CONSTRUCTION 2.1 SITE FENCE (PER LANDSCAPE DWGS) 2.2 FINISH GRADE (PER CIVIL DWGS) 8. DOORS AND WINDOWS 8.1 ENTRY DOOR 8.2 ACCESS DOOR 8.3 SECTIONAL ROLL-UP GARAGE DOOR 8.4 BARN DOOR 16. ELECTRICAL 16.2 LIGHT FIXTURE, +84" AFF (U.N.O.) - VERIFY (DIMENSIONS PROVIDED TO CENTERLINE OF J-BOX - VFY. WITH MFR.) 16.3 LIGHTED ADDRESS SIGN, +64" AFF (U.N.O.) SWITCHED BY PHOTOCELL 16.4 PIN MOUNTED ADDRESS NUMBERS, +64" AFF (U.N.O.) 9. ALL STRUCTURAL MEMBERS AND ELEMENTS ARE SHOWN FOR REFERENCE ONLY REFER TO STRUCTURAL ENGINEERS DRAWINGS FOR DESIGN, DETAILS AND DIMENSIONS. 10. CONTRACTOR TO COORDINATE PLUMBING, MECHANICAL, ELECTRICAL PENETRATIONS AND CONNECTIONS WITH SUBCONTRACTORS. 11. CONTRACTOR SHALL FIELD VERIFY ALL SHUTTER SIZES WHERE THEY OCCUR. 12. ALL EXTERIOR STUCCO PER COLOR CONSULTANT. ALL WOOD SHUTTERS TO BE A CONTRASTING COLOR. ALL ROOF TILE TO BE A BLEND OF COLORS AS SELECTED BY COLOR CONSULTANT AND CLIENT 13. ALL EXPOSED METAL SHALL BE BONDERIZED AND PAINTED TO MATCH ADJACENT SURFACES. 4.9 PRECAST CONCRETE FINIAL 4.10 PRECAST WATERSPOUT SCUPPER 4.11 4" DIAMETER FALSE CLAY PIPE VENTS 4.12 DECORATIVE STACKED HALF-ROUND CLAY PIPES 4.13 FALSE CLAY PAVER VENT 4.14 PRECAST CONCRETE CANALE OVERFLOW 4.15 CLAY PAVERS 4.16 BRICK PAVERS 4.17 STONE PAVERS 5.13 C.R. METAL DORMER VENT: 14" x 22" 5.14 C.R. METAL CRAWL SPACE ACCESS: 24" x 18" 5.15 C.R. METAL SADDLE AND FLASHING 5.16 C.R. METAL WEATHER VANE WITH GROUNDING 5.17 C.R. METAL SCROLL 5.18 C.R. METAL OVERFLOW 5.19 STANDING SEAM METAL ROOF 5.20 CANVAS AWNING WITH ORNAMENTAL WROUGHT IRON FRAME 15. MECHANICAL 15.1 AIR CONDITIONER UNIT 15.2 F.A.U.(S) PER MECHANICAL ENGINEER AND HVAC CONTRACTOR. TRUSS MANUFACTURER TO PROVIDE REQUIRED CLEARANCES 3. CONCRETE 3.1 CONCRETE SLAB ON GRADE (PER STRUCT DWGS) 3.2 CONCRETE STOOP - REFER TO CIVIL LANDSCAPE DRAWINGS 3.3 CONCRETE STEPS - REFER TO CIVIL LANDSCAPE DRAWINGS 6. WOOD 6.1 WOOD RAFTER TAILS (REFER TO STRUCTURAL) 6.2 WOOD OUTLOOKER (REFER TO STRUCTURAL) 6.3 WOOD RAKE 6.4 WOOD EAVE 6.5 WOOD BEAM (REFER TO STRUCTURAL) 6.6 WOOD POST / COLUMN. (REFER TO STRUCTURAL) 6.7 WOOD CORBEL (REFER TO STRUCTURAL) 6.8 2x WOOD HEAD TRIM 6.9 WOOD SILL TRIM 6.10 2x WOOD TRIM 6.11 WOOD MOULDING 6.12 WOOD 1x VERTICAL SPACED BOARDS 6.13 WOOD KNEE BRACE / KICKER 6.14 WOOD RAILING (42" HIGH MIN.) 6.15 WOOD POTSHELF 6.16 DECORATIVE WOOD RAIL WITH PICKET NOTE: BUILDING ADDRESS MUST BE CLEARLY VISIBLE AND LEGIBLE FROM ADJACENT PUBLIC WAY OR STREET. ADDRESS LETTERS AND NUMBERS SHALL BE A MINIMUM 4" HIGH, WITH A MINIMUM STROKE WIDTH OF 12" AND SHALL CONTRAST WITH THEIR BACKGROUND. PARTIAL FRONT ELEVATION 4C SCALE: 1/4" = 1'-0" Packet Page 257
FOAM FOAM T.O. SLAB T.O. PL T.O. SLAB T.O. PL
9'-1"
9'-1"
7'-0" T.O. WDW T.O. SHTG T.O. PL
8'-1" T.O. WDW
7'-0" T.O. SHTG T.O. PL T.O. SHTG T.O. SHTG T.O. PL
4'-10"
8'-1" T.O. PL6'-0" FOAM FOAM FOAM FOAM FOAM FOAM FOAM TVTEL ELEC 6'-6" T.O. WDW 6.3 5.9 7.1 5.3 6.1 6.4 2.2 7.11 1 AD4-01 8 AD4-01 7.14 5 AD2-10 6.10 5.4 12 AD4-01 7.14 6.7 11 AD1-02 BRICK BRICK BRICK BRICK T.O. SLAB T.O. PL 9'-1" T.O. CURB T.O. PL
9'-1" T.O. WDW
7'-6" T.O. SHTG
8'-1" T.O. PL T.O. SHTG6'-0" T.O. SHTG T.O. PL
7'-6" PAVER T.O. WDW PAVER T.O. WDW
7'-6" 6'-0" T.O. PL 6.3 5.3 6.1 6.4 7.1 5.9 2.2 4.3 T.O. SHTG 2 AD4-01 8 AD2-11 14 AD2-10 16 AD2-10 5.20 5.4 BRICK 16 AD1-02 WOOD PAVER WOOD PAVER WOOD PAVER T.O. SLAB T.O. PL 9'-1"
9'-1" T.O. PL T.O. SLAB T.O. SHTG
8'-1"
8'-1" T.O. PL T.O. SHTG T.O. PL T.O. SHTG T.O. PL BRICK BRICK 4'-10" WOOD WOOD PAVER
7'-6" T.O. WDW
7'-0" T.O. WDW
7'-3" T.O. WDW
4'-10" T.O. SHTG T.O. PL
6'-6" T.O. WDW 6.3 7.1 5.9 5.3 6.1 6.4 2.2 7.11 1 AD4-01 8 AD4-01 7.14 14 AD2-10 5.4 3 AD3-60 11 AD2-10 13 AD4-02 6.7 6.10 16.2 2 AD4-01 11 AD1-02 BRICK BRICK BRICK BRICK BRICK BRICK BRICK WOOD PAVER BRICK BRICK WOOD PAVER T.O. CURB T.O. PL T.O. SLAB T.O. PL 9'-1" T.O. SHTG T.O. PL T.O. WDW8'-1"
7'-3"
7'-6"
9'-1" 8'-1" T.O. SHTG
7'-6" T.O. WDW T.O. SHTG T.O. PL
6'-0"
6'-0" T.O. SHTG T.O. PL T.O. PL T.O. PL T.O. WDW T.O. WDW 7'-6" 4'-10"
7'-6"
7'-0" T.O. WDW 2.2 16.2 16.4 4.3 2 AD4-01 13 AD2-10 4 AD2-10 13 SIM. AD2-10 5.3 6.1 6.4 7.1 6.3 5.9 14 AD2-11 BEYOND BRICK 16 AD4-05 FRONT ELEVATION 5A SCALE: 1/4" = 1'-0" RIGHT ELEVATION 5A SCALE: 1/4" = 1'-0" 17025_A5A5-01 PLAN 5A EXTERIOR ELEVATIONS A5A5-1 SHEET NUMBER: STAMP: REVISIONS: BUILDING DEPARTMENT SUBMITTAL: SR ASSOCIATE: PROJECT CAD FILE: PROJECT NUMBER: ASSOCIATES: PRJ DIRECTOR: SHEET TITLE: JOB CAPTAIN: SR PRJ DIRECTOR: PRINCIPAL: SHEET NUMBER: STAMP: REVISIONS: BUILDING DEPARTMENT SUBMITTAL: SR ASSOCIATE: PROJECT CAD FILE: PROJECT NUMBER: ASSOCIATES: PRJ DIRECTOR: SHEET TITLE: JOB CAPTAIN: SR PRJ DIRECTOR: PRINCIPAL: SHEET NUMBER: STAMP: REVISIONS: BUILDING DEPARTMENT SUBMITTAL: SR ASSOCIATE: PROJECT CAD FILE: PROJECT NUMBER: ASSOCIATES: PRJ DIRECTOR: SHEET TITLE: JOB CAPTAIN: SR PRJ DIRECTOR: PRINCIPAL: ROBERT HIDEY ARCHITECTS, INC. © 2023 - ALL RIGHTS RESERVED THE DRAWINGS, DESIGNS, INFORMATION, CONTENT AND PROCEDURES DESCRIBED HEREIN ARE FOR THE EXCLUSIVE USE OF ROBERT HIDEY ARCHITECTS, INC., OR AFFILIATES, AND, AS SUCH, ARE NOT TO BE REPRODUCED IN ANY FORM OR MEDIA, CURRENT OR FUTURE, OR DISCLOSED TO OTHERS WITHOUT THE WRITTEN CONSENT OF ROBERT HIDEY ARCHITECTS, INC. DISTRIBUTION OR DUPLICATION OF THESE DOCUMENTS IS NOT TO BE CONSTRUED AS PUBLICATION IN DEROGATION OF THESE RIGHTS. VISUAL CONTACT WITH THESE DOCUMENTS SHALL CONSTITUTE EVIDENCE OF ACCEPTANCE OF THESE RESTRICTIONS. 01/31/2023 CEDAR BOULEVARD NEWARK, CA ROBSON HOMES 2185 THE ALAMEDA, SUITE 150 SAN JOSE, CA 95126 408.345.1767 408.345.1768 1st SUBMITTAL: 12-21-2022 2nd SUBMITTAL: 3rd SUBMITTAL 4th SUBMITTAL 5th SUBMITTAL DWCMTS, RR, BN MSVL, JM 17025 90% CONSTRUCTION DOCUMENTS 01-23-2023 REAR ELEVATION 5A SCALE: 1/4" = 1'-0" LEFT ELEVATION 5A SCALE: 1/4" = 1'-0" ELEVATION NOTES GENERAL NOTES 0. SPATIAL 0.1 LINE OF WALL BEYOND. 0.2 OPENING IN WALL. 4. MASONRY 4.1 PRECAST STONE VENEER (ADHERED) 4.2 THIN BRICK VENEER (ADHERED) 4.3 FULL BRICK TRIM (ANCHORED) 4.4 BRICK WAINSCOT 4.5 STONE WAINSCOT 4.6 PRECAST CONCRETE CAP 4.7 PRECAST CONCRETE COLUMN 4.8 PRECAST TRIM 5. METALS 5.2 C.R. STUCCO WEEP SCREED, TYP 5.3 C.R. GUTTER, TYP 5.4 C.R. DOWNSPOUT (3" Ø) 5.5 C.R. METAL LOUVERED ATTIC VENT WITH 1/4" C.R SCREEN AT INTERIOR. SEE ELEVATION FOR SIZE 5.6 C.R. METAL GUARD, 42" HIGH MIN 5.7 C.R. METAL POTSHELF 5.9 C.R. FLASHING AT INTERSECTION 5.10 C.R. ORNAMENTAL METAL GATE 5.11 C.R. METAL GRILLE 5.12 C.R. SCREENED VENT, 14" x 8" MIN 7. EXTERIOR FINISHES 7.1 ROOFING MATERIAL. (REFER TO ROOF PLANS) 7.2 CEMENT BOARD 'HARDI-PANEL w/ BATTENS 7.3 CEMENT BOARD HORIZONTAL SIDING 7.4 CEMENT BOARD PANEL SIDING 7.5 CEMENT BOARD TRIM 7.6 POLYURETHANE SHUTTER 7.7 WOOD SHUTTERS 7.8 WOOD SIDING 7.9 CERAMIC TILE RISERS 7.10 CERAMIC TILE SET IN STUCCO 7.11 3-COAT STUCCO (MIN. 30/30 FINISH) 7.12 STUCCO SOFFIT / CEILING 7.13 STUCCO SILL, SLOPE 1/2" PER FT. MIN. 7.14 STUCCO EXPANSION / CONTROL JOINT 7.15 STUCCO RECESS 7.16 STUCCO OVER FOAM SHAPE 7.17 STUCCO OVER HIGH DENSITY FOAM COLUMN WITH SMOOTH FINISH COAT 7.18 STUCCO OVER HIGH DENSITY FOAM SURROUND WITH SMOOTH FINISH COAT 7.19 STUCCO OVER FOAM SHELF, SLOPE AWAY FROM BLD'G 1/2" PER FT. MIN. 7.20 STUCCO OVER 2x CAP 7.21 STUCCO WRAPPED FOAM CORBEL. 7.22 STUCCO OVER CONCRETE MASONRY UNIT WALL 7.23 CEMENT BOARD SHINGLE 9. MISCELLANEOUS 9.1 FALSE RECESSED VENT 9.2 COURTYARD WALL: REFER TO PRECISE GRADING PLANS FOR DESIGN 9.3 LOUVERED DOOR FOR MECH. VENTILATION XX 1. ANY DISCREPANCY FOUND IN THESE DRAWINGS TO BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO ANY CONSTRUCTION. 2. HORIZONTAL AND VERTICAL DIMENSIONS SHOWN ARE FROM FACE OF STUD, FACE OF CONCRETE, OR FACE OF CMU, UNLESS NOTED OTHERWISE. 3. FIRST FLOOR DIMENSIONS ARE TOP OF SLAB OR TOP OF SUB FLOOR SHEATHING MATERIAL. 4. SECOND FLOOR DIMENSIONS ARE TOP OF SUB FLOOR SHEATHING MATERIAL. 6. ALL EXTERIOR PAVING AND SITE ELEMENTS ARE FOR REFERENCE ONLY REFER TO LANDSCAPE AND CIVIL DRAWINGS FOR DESIGN, DETAILS AND DIMENSIONS. 7. ALL MECHANICAL EQUIPMENT, GRILLS AND CONTROLS ARE FOR REFERENCE ONLY REFER TO MECHANICAL DRAWINGS FOR DESIGN, DETAILS AND DIMENSIONS. 8. ALL ELECTRICAL FIXTURES, OUTLETS AND EQUIPMENT ARE FOR REFERENCE ONLY REFER TO ELECTRICAL DRAWINGS FOR DESIGN, DETAILS AND DIMENSIONS. KEY NOTE SYMBOL LEGEND: 2. SITE CONSTRUCTION 2.1 SITE FENCE (PER LANDSCAPE DWGS) 2.2 FINISH GRADE (PER CIVIL DWGS) 8. DOORS AND WINDOWS 8.1 ENTRY DOOR 8.2 ACCESS DOOR 8.3 SECTIONAL ROLL-UP GARAGE DOOR 8.4 BARN DOOR 16. ELECTRICAL 16.2 LIGHT FIXTURE, +84" AFF (U.N.O.) - VERIFY (DIMENSIONS PROVIDED TO CENTERLINE OF J-BOX - VFY. WITH MFR.) 16.3 LIGHTED ADDRESS SIGN, +64" AFF (U.N.O.) SWITCHED BY PHOTOCELL 16.4 PIN MOUNTED ADDRESS NUMBERS, +64" AFF (U.N.O.) 9. ALL STRUCTURAL MEMBERS AND ELEMENTS ARE SHOWN FOR REFERENCE ONLY REFER TO STRUCTURAL ENGINEERS DRAWINGS FOR DESIGN, DETAILS AND DIMENSIONS. 10. CONTRACTOR TO COORDINATE PLUMBING, MECHANICAL, ELECTRICAL PENETRATIONS AND CONNECTIONS WITH SUBCONTRACTORS. 11. CONTRACTOR SHALL FIELD VERIFY ALL SHUTTER SIZES WHERE THEY OCCUR. 12. ALL EXTERIOR STUCCO PER COLOR CONSULTANT. ALL WOOD SHUTTERS TO BE A CONTRASTING COLOR. ALL ROOF TILE TO BE A BLEND OF COLORS AS SELECTED BY COLOR CONSULTANT AND CLIENT 13. ALL EXPOSED METAL SHALL BE BONDERIZED AND PAINTED TO MATCH ADJACENT SURFACES. 4.9 PRECAST CONCRETE FINIAL 4.10 PRECAST WATERSPOUT SCUPPER 4.11 4" DIAMETER FALSE CLAY PIPE VENTS 4.12 DECORATIVE STACKED HALF-ROUND CLAY PIPES 4.13 FALSE CLAY PAVER VENT 4.14 PRECAST CONCRETE CANALE OVERFLOW 4.15 CLAY PAVERS 4.16 BRICK PAVERS 4.17 STONE PAVERS 5.13 C.R. METAL DORMER VENT: 14" x 22" 5.14 C.R. METAL CRAWL SPACE ACCESS: 24" x 18" 5.15 C.R. METAL SADDLE AND FLASHING 5.16 C.R. METAL WEATHER VANE WITH GROUNDING 5.17 C.R. METAL SCROLL 5.18 C.R. METAL OVERFLOW 5.19 STANDING SEAM METAL ROOF 5.20 CANVAS AWNING WITH ORNAMENTAL WROUGHT IRON FRAME 15. MECHANICAL 15.1 AIR CONDITIONER UNIT 15.2 F.A.U.(S) PER MECHANICAL ENGINEER AND HVAC CONTRACTOR. TRUSS MANUFACTURER TO PROVIDE REQUIRED CLEARANCES 3. CONCRETE 3.1 CONCRETE SLAB ON GRADE (PER STRUCT DWGS) 3.2 CONCRETE STOOP - REFER TO CIVIL LANDSCAPE DRAWINGS 3.3 CONCRETE STEPS - REFER TO CIVIL LANDSCAPE DRAWINGS 6. WOOD 6.1 WOOD RAFTER TAILS (REFER TO STRUCTURAL) 6.2 WOOD OUTLOOKER (REFER TO STRUCTURAL) 6.3 WOOD RAKE 6.4 WOOD EAVE 6.5 WOOD BEAM (REFER TO STRUCTURAL) 6.6 WOOD POST / COLUMN. (REFER TO STRUCTURAL) 6.7 WOOD CORBEL (REFER TO STRUCTURAL) 6.8 2x WOOD HEAD TRIM 6.9 WOOD SILL TRIM 6.10 2x WOOD TRIM 6.11 WOOD MOULDING 6.12 WOOD 1x VERTICAL SPACED BOARDS 6.13 WOOD KNEE BRACE / KICKER 6.14 WOOD RAILING (42" HIGH MIN.) 6.15 WOOD POTSHELF 6.16 DECORATIVE WOOD RAIL WITH PICKET NOTE: BUILDING ADDRESS MUST BE CLEARLY VISIBLE AND LEGIBLE FROM ADJACENT PUBLIC WAY OR STREET. ADDRESS LETTERS AND NUMBERS SHALL BE A MINIMUM 4" HIGH, WITH A MINIMUM STROKE WIDTH OF 12" AND SHALL CONTRAST WITH THEIR BACKGROUND.

Packet Page 258
FOAM FOAM FOAM FOAM FOAM FOAMFOAM FOAM FOAM FOAM FOAM FOAM FOAM FOAM FOAM FOAM BRICK BRICK FOAM FOAM PLAN 2A.2 PLAN 4A.1 9'-1" T.O. PL T.O. SLAB T.O. SHTG8'-1" T.O. PL T.O. SHTG 7'-0" T.O. WDW
8'-1" T.O. PL 7.1 5.3 6.1 6.4 5.9 5.4 FOAM FOAM FOAM FOAM FOAM FOAM FOAM FOAM FOAM FOAM FOAM FOAM FOAM FOAM FOAM FOAM FOAM PLAN 4A.1 PLAN 2A.2 T.O. CURB T.O. SHTG T.O. PL T.O. PL 9'-1" 9'-1" T.O. WDW
7'-6" T.O. SHTG T.O. WDW7'-0"
8'-1" T.O. PL 6.3 5.3 6.1 6.4 7.1 PLAN 2A.2 T.O. SHTG T.O. PL T.O. PL T.O. PL T.O. SLAB T.O. SHTG T.O. PL 9'-1" 8'-1"
9'-1" 9'-1" T.O. SHTG T.O. SHTG T.O. CURB8'-1"
8'-1" T.O. PL T.O. PL
2'-4"
8 AD4-01 7.11 7.14 6.3 7.1
7 AD2-11 FOAM FOAM FOAM FOAM FOAM BRICK BRICK FOAM T.O. WDW T.O. HEEL TV TEL ELEC 8 AD4-05 6.7 6.10
2'-11
3 4
"
7'-6" 4.11
9 AD4-03
2'-11
3 4
" T.O. HEEL 7.11 5:12
5:12
3:12 3:12
3:12
4:12
3:12 5:12 15.3 AREA 1 AREA 2 35 SQ. FT. RIDGE
RIDGE 0.2 0.5 7.8
9 AD1-02 7.6
1 AD1-02
2 AD1-02 7.1 0.4
2'-0"
2'-0" 1'-0"
2'-0"
2'-0"
1'-0"
1'-0"
1'-0" PLAN 2A.2 PLAN 4A.1 50'-2" 50'-2" 25'-0" 9'-11" 10'-0" 25'-0" 15'-1" DN 17 R PLAN 2A.2 PLAN 4A.1 BEDROOM 2 SLOPED CLG. CARPET W.I.C. 8'-1" CLG. CARPET OWNERS BATH SLOPED CLG. TILE BATH 2 8'-1" CLG. TILE OWNERS SUITE SLOPED CLG. WOOD BEDROOM 2 SLOPED CLG. CARPET BEDROOM 3 SLOPED CLG. CARPET BATH 2 8'-1" CLG. TILEW.I.C. 8'-1" CLG. CARPET OWNERS BATH 8'-1" CLG. TILE 2" 25'-0" 2" 25'-0" 3 12
3 12
3 12 10'-6" +/- CLG. 4.5 12 4.5 12 10.4 8.1 15.21 15.21 8.1 10.4 6.11 OWNERS SUITE 10'-6" +/- CLG. WOOD 2 AD1-40 4x8 BARGE1'-0"

WARPED VALLEY
1'-0"
WARPED VALLEY 934 SQ. FT. 50'-2" 50'-2"
42'-1" 9'-11" 10'-0"
4'-0" 25'-0" 15'-1"2'-6" PLAN 2A.2 2" 25'-0" 2" (2)2650 FG MULLED6'-0" 23'-11" 5'-8" 2'-9" 9'-2
1 2
" 2'-9" 9'-2
1 2
" 1'-0" 1'-0" 50'-2" 50'-2" 9'-11" 10'-0"
3'-0" 25'-0" 15'-1"2'-6" 1'-0" DN 17 R PLAN 2A.2 BEDROOM 2 SLOPED CLG. CARPET W.I.C. 8'-1" CLG. CARPET OWNERS BATH SLOPED CLG. TILE BATH 2 8'-1" CLG. TILE OWNERS SUITE SLOPED CLG. WOOD BEDROOM 2 SLOPED CLG. CARPET BEDROOM 3 SLOPED CLG. CARPET BATH 2 8'-1" CLG. TILEW.I.C. 8'-1" CLG. CARPET OWNERS BATH 8'-1" CLG. TILE 2" 25'-0" 2" 3 12
3 12
3 12 10'-6" +/- CLG. 4.5 12 4.5 12 10.4 8.1 15.21 8.1 10.4 6.11 OPT. FRONT ELEVATION AT LOT 117 DUET 2 SCALE: 1/4" = 1'-0" 17025_A7_8-01 DUET 2 OPTION A7_8-01 SHEET NUMBER: STAMP: REVISIONS: BUILDING DEPARTMENT SUBMITTAL: SR ASSOCIATE: PROJECT CAD FILE: PROJECT NUMBER: ASSOCIATES: PRJ DIRECTOR: SHEET TITLE: JOB CAPTAIN: SR PRJ DIRECTOR: PRINCIPAL: SHEET NUMBER: STAMP: REVISIONS: BUILDING DEPARTMENT SUBMITTAL: SR ASSOCIATE: PROJECT CAD FILE: PROJECT NUMBER: ASSOCIATES: PRJ DIRECTOR: SHEET TITLE: JOB CAPTAIN: SR PRJ DIRECTOR: PRINCIPAL: SHEET NUMBER: STAMP: REVISIONS: BUILDING DEPARTMENT SUBMITTAL: SR ASSOCIATE: PROJECT CAD FILE: PROJECT NUMBER: ASSOCIATES: PRJ DIRECTOR: SHEET TITLE: JOB CAPTAIN: SR PRJ DIRECTOR: PRINCIPAL: ROBERT HIDEY ARCHITECTS, INC. © 2023 - ALL RIGHTS RESERVED THE DRAWINGS, DESIGNS, INFORMATION, CONTENT AND PROCEDURES DESCRIBED HEREIN ARE FOR THE EXCLUSIVE USE OF ROBERT HIDEY ARCHITECTS, INC., OR AFFILIATES, AND, AS SUCH, ARE NOT TO BE REPRODUCED IN ANY FORM OR MEDIA, CURRENT OR FUTURE, OR DISCLOSED TO OTHERS WITHOUT THE WRITTEN CONSENT OF ROBERT HIDEY ARCHITECTS, INC. DISTRIBUTION OR DUPLICATION OF THESE DOCUMENTS IS NOT TO BE CONSTRUED AS PUBLICATION IN DEROGATION OF THESE RIGHTS. VISUAL CONTACT WITH THESE DOCUMENTS SHALL CONSTITUTE EVIDENCE OF ACCEPTANCE OF THESE RESTRICTIONS. 01/19/2023 CEDAR BOULEVARD NEWARK, CA ROBSON HOMES 2185 THE ALAMEDA, SUITE 150 SAN JOSE, CA 95126 408.345.1767 408.345.1768 1st SUBMITTAL: 12-21-2022 2nd SUBMITTAL: 3rd SUBMITTAL 4th SUBMITTAL 5th SUBMITTAL DWCMTS, RR, BN MSVL, JM 17025 90% CONSTRUCTION DOCUMENTS 12-21-2022 OPT. REAR ELEVATION LOT 117 DUET 2 SCALE: 1/4" = 1'-0" OPT. LEFT ELEVATION AT LOT 117 DUET 2 SCALE: 1/4" = 1'-0" OPT. ROOF PLAN AT LOT 117 DUET 2 SCALE: 1/4" = 1'-0" OPT. FLOOR PLAN AT LOT 117 DUET 2 SCALE: 1/4" = 1'-0" NOTE: CENTERLINE AT ATTIC VENT SYMBOLS INDICATES ALIGNMENT WITH A WINDOW, DOOR, OR OPENING BELOW. PER ELEVATION AREA 1 ATTIC CALCULATION 934 SQ. FT. ATTIC AREA 1/300 SQ. FT. RATIO OF VENTILATION REQUIRED 144 CONVERSION TO SQUARE INCHES 448 SQ. INCHES OF VENTILATION REQUIRED 224 50% OF THE REQUIRED VENTILATION IS LOCATED IN THE UPPER ATTIC 4 O'HAGIN CLOAKED VENT 72 SQ. INCHES 288 SQ. INCHES AT UPPER ATTIC THE BALANCE OF REQUIRED VENTILATION IS LOCATED EVENLY SPACED IN THE LOWER ATTIC 0 BAYS OF LINEAR EAVE BLOCK VENTING - SEE DETAIL 20/AD1-20. 13 LINEAR EAVE VENTS PROVIDING MIN. 13 SQ. IN. NET FREE AREA4 O'HAGIN CLOAKED VENT 72 SQ. INCHES 288 SQ. INCHES AT LOWER ATTIC 576 SQ. INCHES OF VENTILATION PROVIDED VENTILATION PROVIDED:

XXXXXPLAN 2A.2 NOTE: ALTERNATE / OPTION PLANS ARE DRAWN TO SHOW INFORMATION WHICH DIFFERS FROM THE BASIC PLAN. SEE BASIC ('A' STYLE) PLANS AND ELEVATIONS FOR NOTES, DIMENSIONS AND PARTS NOT SHOWN.

Packet Page 259

PROJECT NOR
SITE TREES NAME COUNT SIZE WUCOLS TYPE NOTES ACER MACROPHYLLUM 2 36" M DECIDUOUS ACER NEGUNDO 'SENSATION' 15 15G M DECIDUOUS ACER PALMATUM VAR. DISECTUM 'EVER RED' 1 24" M DECIDUOUS ACER PALMATUM VAR. DISECTUM 'GREEN' 2 24" M DECIDUOUS ARBUTUS 'MARINA' 5 24" L EVERGREEN STANDARD ARBUTUS UNEDO - STD 3 24" L EVERGREEN ARBUTUS UNEDO 'COMPACTA' 8 24" L EVERGREEN CALLISTEMON VIMINALIS 'RED CASCADE' 5 24" L EVERGREEN CERCIS RENIFORMIS 'OKLAHOMA' 6 24" M DECIDUOUS STANDARD CITRUS RETICULATA - DWF 4 24" M EVERGREEN STANDARD CITRUS SINENSIS 'WASHINGTON' - DWF 1 24" M EVERGREEN CORNUS 'EDDIE'S WHITE WONDER' 1 24" M DECIDUOUS FORTUNELLA MARGARITA - STD 4 24" M EVERGREEN STANDARD LAGERSTROEMIA X 'MUSKOGEE' 29 24" L DECIDUOUS STANDARD LYONOTHAMNUS FLORIBUNDUS 39 24" L EVERGREEN PHOENIX CANARIENSIS 4 15' L EVERGREEN PINUS PINEA 1 24" L EVERGREEN PLATANUS X ACERIFOLIA 'COLUMBIA' 20 24" M DECIDUOUS QUERCUS AGRIFOLIA 8 24" VL EVERGREEN QUERCUS LOBATA 2 24" L DECIDUOUS QUERCUS ROBUR 2 24" M EVERGREEN SYAGRUS ROMANZOFFIANA 9 24" M EVERGREEN THUJA PLICATA 1 24" M EVERGREEN ULMUS PARVIFOLIA 3 24" L EVERGREEN TREE TABULATION (24" MIN BOX TREES) TYPE COUNT % OF LANDSCAPE DECIDUOUS 77 44% EVERGREEN 97 55% TOTAL 174 100% JT SVC

JT JT JT

JT JT JT JT

JT JT JT JT JT JT JT JT JT
JT

JT JT JT JT JT JT JT JT JT
JT JT
JT
JT
JT
66'
18' TALL
48'
14' TALL
121'
10' TALL
44'
16' TALL
48'
12' TALL 6' WOOD FENCE AND GATE BIORETENTION TYP. PLAY AREA AGE 2-5 4' TALL FENCE 6' BENCH DOG AREA BAG STATION 5' BENCH MAILBOXES 5' BENCH 1L2 PRIVACY SOUND SIERRA WALL - PORTOLA WITH PLANT POCKET 4L2 BUS SHELTER CONCEPT PLANTING POCKET FOR ACCENT PLANTS 5L2 LOW WALL ALONG CEDAR BLVD. OFFSITE TREES 2ABL2 ENTRY STOOP PLAN + ELEVATION DECORATIVE CROSSWALK OFF-SITE TREES NAME COUNT SIZE WUCOLS TYPE NOTES PLATANUS X ACERIFOLIA 3 24" M DECIDUOUS QUERCUS AGRIFOLIA 16 24" VL EVERGREEN QUERCUS LOBATA 6 24" VL DECIDUOUS

LANDSCAPE PLAN
REVISED: 7/29/2022
DESIGN BY: RJDDRAWN BY: KH/GM/JO SCALE: 1"=20'-0" L1.1

DESIGN FOCUS

LANDSCAPE ARCHITECTURE
& CONSTRUCTION DESIGN FOCUS PO BOX 485 BEN LOMOND, CA 95005 (831) 336-3100 38370 CEDAR BLVD

CITY OF NEWARK
ALAMEDA COUNTY NOTES: - LANDSCAPE PLANS WILL COMPLY WITH THE REQUIREMENTS PROVIDED UNDER THE CHAPTER 17.21 OF THE ZONING CODE AND THE CALIFORNIA MODEL WATER EFFICIENT LANDSCAPE ORDINANCE MOTION PLAY STRUCTURE LANDSCAPE STRUCTURES MODEL #197057 AGES 2-5 BENCH 4' TALL DOG FENCE Packet Page 260

PROJECT NOR

JT JT JT JT JT JT

JT JT JT

JT JT JT JT

JT JT JT JT JT JT JT JT JT JT JT
JT JT
JT
JT
JT
JT
JT
JT
JT
JT
JT

JT JT JT JT JT

JT JT JT
JT
JT JT JT SC SILVA CELLS TYP. 6' WOOD FENCE AND GATE MEADOW PLAY AREA OFFSITE TREES 1L2 PRIVACY SOUND SIERRA WALL - PORTOLA WITH PLANT POCKET 3AL2 STUCCO WALL TRASH ENCLOSURE TYPICAL SINGLE TRASH AREA MAILBOXES 2ABL2 ENTRY STOOP PLAN + ELEVATION DECORATIVE CROSSWALK OFF-SITE TREES NAME COUNT SIZE WUCOLS TYPE NOTES PLATANUS X ACERIFOLIA 3 24" M DECIDUOUS QUERCUS AGRIFOLIA 16 24" VL EVERGREEN QUERCUS LOBATA 6 24" VL DECIDUOUS

LANDSCAPE PLAN
REVISED: 7/29/2022
DESIGN BY: RJDDRAWN BY: KH/GM/JO SCALE: 1"=20'-0" L1.2

DESIGN FOCUS

LANDSCAPE ARCHITECTURE
& CONSTRUCTION DESIGN FOCUS PO BOX 485 BEN LOMOND, CA 95005 (831) 336-3100 38370 CEDAR BLVD

CITY OF NEWARK
ALAMEDA COUNTY TYPICAL PEDESTRIAN PATH TYPICAL PEDESTRIAN PATH TYPICAL PARK/COMMON SPACE PLANTING TYPICAL PARK STRIP PLANTING TYPICAL FRONT YARD PLANTING TYPICAL FRONT YARD PLANTING WOOD FENCE - 6' TALL LOW STUCCO WALL WONDERSCAPES RECREATION PRDUCTS BIG TOYS Packet Page 261

PROJECT NOR

CC JT JT JT JT JT JT JT JT JT JT JT JT JT

JTJT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT
JT
66'
18' TALL
44'
16' TALL
48'
14' TALL
48'
12' TALL
121'
10' TALL SC 6' WOOD FENCE AND GATE 5' BENCH BIORETENTION TYP. BAG STATION 6' BENCH DOG AREA WIND SCULPTURE OFFSITE TREES PLANTERS FOR VINES PEDESTRIAN BRIDGE 1L2 PRIVACY SOUND SIERRA WALL - PORTOLA WITH PLANT POCKET 3ABL2 STUCCO WALL TRASH ENCLOSURE TYPICAL TRASH AREAS BIORETENTION

CCO WALL TRASH ENCLOSURE
ICAL SINGLE TRASH AREA MEADOW PLANTING FOR MEDIAN TO BE DETERMINED 2ABL2 ENTRY STOOP PLAN + ELEVATION MAILBOXES LEGEND SITE ELEMENTS BENCH 6' TBD BENCH 5' TBD SCULPTURE STEPPING STONE TBD TRASH BIN TBD WALLS AND FENCES FENCE 6' WOOD FENCE FENCE 4' TALL - DOG AREA GATE WOOD WALL MASONRY WALL HEIGHT VARIES WALL LOW STUCCO WALL MATERIALS BIORETENTION AREA MEADOW PLAY AREA SURFACE PLAY AREA FIBER WITH CONCRETE BORDER SC

LANDSCAPE PLAN
REVISED: 7/29/2022
DESIGN BY: RJDDRAWN BY: KH/GM/JO SCALE: 1"=20'-0" L1.3

DESIGN FOCUS

LANDSCAPE ARCHITECTURE
& CONSTRUCTION DESIGN FOCUS PO BOX 485 BEN LOMOND, CA 95005 (831) 336-3100 38370 CEDAR BLVD

CITY OF NEWARK

ALAMEDA COUNTY OPEN SPACE BIORETENTION PLANTING BIORETENTION PLANTING BIORETENTION PLANTING BIORETENTION PLANTING BIORETENTION PEDESTRIAN BRIDGE WIND SCULPTURE Packet Page 262
10'

VARIES, SEE PLANS

PLANT POCKET

FOR VINES
6"
1'

FINISH GRADE

HEIGHT OF WALL VARIES, SEE CIVIL PLANS

TRELLIS BEHIND CONCRETE POSTS
PAD
15'-5"
7'-6"
19'-3"

SIDEWALK
2B

STAIR RISERS POT PEDESTALS

PER GRADING

FACE OF

BUILDING FACE OF

BUILDING

BRICK POT PEDESTAL

FINISH GRADE DESIGN FOCUS LANDSCAPE ARCHITECTURE & CONSTRUCTION DESIGN
FOCUS
PO BOX 485
BEN LOMOND, CA 95005
(831) 336-3100 38370 CEDAR BLVD CITY OF NEWARK ALAMEDA COUNTY LANDSCAPE DETAILS REVISED: 1/27/2023
DESIGN BY: RJD
DRAWN BY: KH/GM/JO
SCALE: AS NOTED
L2
1 WITH PLANT POCKET SCALE: 1/4"=1'-0"

PRIVACY SOUND SIERRA PRE-CAST WALL - PORTOLA
3A
SINGLE TRASH AREA SCALE: 1/4"=1'-0"

STUCCO WALL TRASH ENCLOSURE
4 CONCEPT SCALE: 1/2"=1'-0"

BUS SHELTER

BUS SHELTER CONCEPT PHOTO

FURTHER REFINEMENT IS REQUIRED FOR FINAL DESIGN
5 ALONG CEDAR BLVD. SCALE: 1/2"=1'-0"

LOW WALL
2A
PLAN SCALE: 1/2"=1'-0"
ENTRY STOOP 2B
ELEVATION SCALE: 1/2"=1'-0"

ENTRY STOOP

TILE OR BRICK CAP

TILE OR BRICK CAP
Packet Page 263

PROJECT NOR

EX RW 6' 4' 4' 2' 6' 10' 8' 6' JT JT JT JT JT JT JT JT JT JT JT JT JT

CC JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT OFFSITE PLANTING NAME COUNT SIZE WUCOLS NOTES FICUS PUMILA 30 5G M REMOVE FROM STAKE & OUT TO GROUND, LOW WATER ONCE ESTABLISHED OFF-SITE TREES NAME COUNT SIZE WUCOLS TYPE NOTES PLATANUS X ACERIFOLIA 3 24" M DECIDUOUS QUERCUS AGRIFOLIA 16 24" VL EVERGREEN QUERCUS LOBATA 6 24" VL DECIDUOUS JT JT

JT JT JT JT

JT JT JT JT JT
JT JT

JT JT JT JT

JT JT JT JT JT JT JT
JT

JT JT JT JT JT JT JT JT JT JT ONSITE TREES MEDIAN PLANTING PLAN TBD

CEDAR BLVD
OFFSITE PLAN REVISED: 7/29/2022 DESIGN BY: RJD DRAWN BY: KH/GM/JO SCALE: 1"=20'-0" L3

DESIGN FOCUS

LANDSCAPE ARCHITECTURE
& CONSTRUCTION DESIGN FOCUS PO BOX 485 BEN LOMOND, CA 95005 (831) 336-3100 38370 CEDAR BLVD

CITY OF NEWARK
ALAMEDA COUNTY PLANTING ENLARGEMENT SCALE 1
8"=1'-0"

MATCHLINE, SEE BELOW

MATCHLINE, SEE ABOVE
Packet Page 264
SC
I
DATE LAST WORKED ON:

NOT TO SCALE
JOB NO.:

SCALE: DRAWN:DATE:

SHEET
OF
SHEETS
CHECKED:

NO. DATE

JOINT TRENCH COMPOSITE PLANSJOINT TRENCH SECTIONS AND DETAILSJOINT TRENCH COMPOSITE TITLE SHEETJOINT TRENCH GENERAL NOTES AND DETAILS SHEET NO. DESCRIPTION
ML
OCTOBER 2020
219050
TD

REVISIONS BY

JOINT TRENCH DETAILS
JT5 - JT6
JT4JT1JT2JT3
7/29/2022
118 NEW SERVICE COMPLETIONS (ELECTRIC, TELEPHONE AND CATV FOR 118 SINGLE DWELLING UNITS).
1 NEW SERVICE COMPLETION (METERED SERVICE PEDESTAL FOR PRIVATE STREET LIGHT).
1 NEW SERVICE COMPLETION (METERED SERVICE PEDESTAL FOR
IRRIGATION CONTROLLER).
1 NEW SERVICE COMPLETION (METERED SERVICE PEDESTAL FOR
IRRIGATION CONTROLLER AND PRIVATE STREET LIGHTS).
6,942 L.F. OF JOINT TRENCH AND 4 RELOCATED PUBLIC STREET LIGHTS (1) PROPOSED PUBLIC SINGLE ARM STREET LIGHT AND 9 PRIVATE POST TOP

LIGHTS SHALL BE INSTALLED WITH THIS JOINT TRENCH PLAN SET

EX GAS
JT
SVC

ECUGEEUG
GAS

EX FO

EUOHEUUG

KHALID TARRAR

DOMINIC BOITANO

ANNIE TRAN - DANIEL LAGUNA

TORYALIE KHALIKI
219050 (925) 240-2595
PM#35223356 --- 219050 (925) 373-2605 - (408) 635-8829 (408) 206-2802 (405) 423-7149 DESCRIPTION: BY: DATE: STATUS:
07-25-2022 R

TARRAR UTILITY CONSULTANTS

DESIGN FOCUS
A = APPROVED · ANS = APPROVED NOT SIGNED · NA = NOT APPROVED· F = FIRST SUBMITTAL · SS = SECOND SUBMITTAL · R = RECEIVED -FRRSSSS R - 06-08-2022
03-10-202204-07-202204-14-202204-14-202207-27-2022
AT&T

RUGGERI-JENSEN-AZAR

COMCAST

XXXX XX-XX-XXXX XXXX
ROBSON HOMES 07-25-2022 R
813 First StreetBrentwood, CA 94513
(925) 240-2595(925) 240-7013 fax
www.tarrar.com ·Planning ·Design ·Estimating ·Joint Trench ·Street Lighting ·Fiber Optic ·T-24 ·PG&E Gas Design ·PG&E Elec Design ·M.E.P. Design ·Cost Analysis ·Due Diligence

APPROVED FOR SUBMITTAL

HAIDER KAMMOONAH

QUALIFIED APPLICANT DESIGN ENGINEER

SMITH AVENUE

MOORES AVENUE

CEDAR BOULEVARD

NIMITZ FREEWAY

STREET LIGHTING SITE PLANSSTREET LIGHTING GENERAL NOTES AND DETAILS SL4 - SL5SL1 - SL3

TARRAR UTILITY CONSULTANTSTARRAR UTILITY CONSULTANTS

TARRAR UTILITY CONSULTANTS
1 Planned Development Permit TD 4/10/2022
I
Packet Page 265
SHEETS
SHEET
OF

NOT TO SCALE
JOB NO.:

SCALE: DRAWN:DATE:

CHECKED:

NO. DATE
ML

REVISIONS BY
DATE LAST WORKED ON: 7/29/2022 813 First Street
Brentwood, CA 94513
(925) 240-2595(925) 240-7013 fax
www.tarrar.com ·Planning ·Design ·Estimating ·Joint Trench ·Street Lighting ·Fiber Optic ·T-24 ·PG&E Gas Design ·PG&E Elec Design ·M.E.P. Design ·Cost Analysis ·Due Diligence OCTOBER 2020 219050 TD 1 Planned Development Permit TD 4/10/2022 Packet Page 266
"A"
"B"
SHEETS
SHEET
OF

NOT TO SCALE
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SCALE: DRAWN:DATE:

CHECKED:

NO. DATE
ML

NOT TO SCALE
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WT WT
SS
SS SS
SS SS
SS SS
SS
SS SD

SD SD SS SS SS SS SS SS WT WT SD SD SD SD SD SD SD SD SD SD

SD SD SD SD SD SD SDSD SD SD SD SD SD SD

SS SS SS
WT WT
WT
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SS SS

SS SD SD SD SD SD
SS
SD
SD
SD
SD SD
SD
SD SD
SD
SD
SD
SD SD
SD
SD
SD

SD SD SD SD
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WT
WT
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WT WT
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WT
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SS
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WT

SD SD SD SD
WT
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SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD WT WT

WT WT WT WT

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WT SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS WT WT WT WT WT WT WT WT WT WT WT WT WT WT WT WT WT WT WT WT WT

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MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE EX WT

EX SD EX SD EX SD

EX SS EX SS EX SS EX SS EX SS EX SD EX SD

EX SD
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EX WT EX WT EX WT T EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT

EX SS EX SS EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS

EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS SVC
JT
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JT JT JT JT JT JT JT

JT JT JT JT JT JT JT JT JT

JT JT JT JT JT JT JT JT JT JT JT JT

SVC JT JT JT JT JT JT JT JT JT JT
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JT JT JT

JT JT JT
JT
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JT JT JT JT JT JT

JT JT JT JT JT JT JT JT JT

JT JT JT JT JT JT JT JT

JT JT JT JT JT JT
JT
JT
JT JT
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JT EX FO EX FO EX FO EX FO EX FO EX FO EX FO EX FO EX FO EX FO EX FO EX FO EX FO EX FO EX FO EX FO EX FO EX FO EX FO EX FO EX FO EX FO EEUG

ETUG ETUG ETUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EUOH EUOH EUOH EUOH SHEETS SHEET OF 1" = 30' JOB NO.: SCALE: DRAWN: DATE: CHECKED: NO. DATE ML OCTOBER 2020 219050 TD REVISIONS BY DATE LAST WORKED ON: 7/29/2022 APPROVED FOR SUBMITTAL HAIDER KAMMOONAH QUALIFIED APPLICANT DESIGN ENGINEER MATCH LINE SEE SHEET JT6 MATCH LINE SEE SHEET JT6
1 Planned Development Permit TD 4/10/2022
Packet Page 269

SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS WT WT WT WT WT WT WT WT WT WT WT WT WT WT WT WT WT

SS SS SS SS

WT WT WT WT WT
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SS SS SS

WT WT WT
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WT WT SC SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS WT WT WT WT WT WT WT WT WT WT WT WT WT WT WT WT WT

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MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE EX SD EX SD EX SD EX SD EX SD EX SD EX SD EX SD EX SD EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT

EX SD EX SD EX SD

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EX WT EX WT EX SS EX SS EX SS EX SS EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT

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EX WT EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS CC SVC
JT

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JT JT JT JT JT JT SVC JT JT JT JT JT JT JT JT
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JT JT JT

JT JT JT
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JT JT EX FO EX FO EX FO EX FO EX FO EX FO EX FO EX FO EX FO EX FO EX FO EX FO EX FO EX FO EX FO

EX FO EX FO EX FO EX FO EX FO EX FO EX FO EX FO EX FO EX FO EX FO EX FO

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EX FO EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EUOH EUOH EUOH EUOH SHEETS SHEET OF 1" = 30' JOB NO.: SCALE: DRAWN: DATE: CHECKED: NO. DATE ML OCTOBER 2020 219050 TD REVISIONS BY DATE LAST WORKED ON: 7/29/2022 MATCH LINE SEE SHEET JT5 MATCH LINE SEE SHEET JT5 APPROVED FOR SUBMITTAL HAIDER KAMMOONAH QUALIFIED APPLICANT DESIGN ENGINEER 1 Planned Development Permit TD 4/10/2022 Packet Page 270
ESL
SL

NOT FOR CONSTRUCTION

PRELIMINARY

INTENT TO CONSTRUCT
Aɐ
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Packet Page 271

NOT FOR CONSTRUCTION

PRELIMINARY

INTENT TO CONSTRUCT
Packet Page 272

NOT FOR CONSTRUCTION

PRELIMINARY

INTENT TO CONSTRUCT

PANEL - METERED SERVICE PEDESTAL PANEL - METERED SERVICE PEDESTAL Packet Page 273

JT JT JT JT JT JT

JT JT JT JT JT JT JT JT JT JT JT JT
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JT JT JT
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JT JT JT

EX WT EX WT

EX WT

EX SD EX SD EX SD EX SD EX SD

EX SS EX SS EX SS EX SS EX SS

EX SS EX SS EX SS EX SS

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EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT

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EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT

EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT EX WT

EX SS EX SS EX SS EX SS EX SS EX SS EX SS EX SS EX SS EX SS EX SS

EX SS EX SS EX SS

EX SS EX SS EX SS EX SS EX SS EX SS

EX SS EX SS EX SS

EX SS EX SS EX SS EX SS EX SS EX SS EX SS EX SS EX SS EX SS EX SS EX SS EX SS EX SS EX SS EX SS EX SS EX SS EX SS EX SS EX SS EX SS EX SS EX SS EX SS EX SS EX SS EX SS EX SS

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EX WT

EX WT
JT
JT
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SVC
JT
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JT JT JT JT JT JT JT JT JT

JT JT JT JT JT JT
JT
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JT JT JT JT JT JT JT JT JT JT JT JT
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JT JT JT
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JT JT JT JT JT JT JT JT JT JT
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JT JT JT JT JT JT JT JT JT JT JT JT JT
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SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS

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EUOH EUOH EUOH EUOH EUOH EUOH EUOH EUOH
EUOH
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ETUG ETUG ETUG ETUG ETUG

EEUG EEUG EEUG EEUG

EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS

EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS

EX GAS

EX GAS EX GAS EX GAS

EX GAS

EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEU

EEUG EEUG EEUG EEUG EEUG EEUG

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EEUG

EUOH EUOH EUOH EUOH EUOH EUOH EUOH EUOH EUOH EUOH EUOH EUOH EUOH EUOH EUOH EUOH EUOH EUOH EUOH EUOH EUOH EUOH EUOH EUOH EUOH EUOH EUOH EUOH EUOH
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ETOH ETOH ETOH ETOH
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EEOH
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EEUG EEUG EEUG EEUG EEUG EEUG EEUG

EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS

EX GAS EX GAS EX GAS EX GAS

MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL
SL SL
SL
SL
SL
SL

NOT FOR CONSTRUCTION

PRELIMINARY

INTENT TO CONSTRUCT
SECTION W1
Packet Page 274

JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT
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EX SD EX SD EX SD EX SD EX SD EX SD EX SD EX SD EX SD EX SD EX SD EX SD

EX WT EX WT EX WT EX WT EX WT EX WT EX WT

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EX SD EX SD EX SD EX SD EX SD EX SD EX SD EX SD EX SD EX SD

EX SD EX SD EX SD EX SD EX SD EX SD EX SD

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SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD

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EX FO

EX FO
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EX GAS

EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS

EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG EEUG UG EEUG EEUG EEUG EEUG EEUG

EEUG EEUG EEUG EEUG EEUG EEUG

EEUG EEUG
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EEUG EEUG EEUG

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EX GAS EX GAS

EX GAS
EEOH
EEOH
EEOH
EEOH
EEOH

GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS EX GAS

SL SL SL
SL

SL SL SL SL SL SL SL SL

SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL

SL SL SL

NOT FOR CONSTRUCTION

PRELIMINARY

INTENT TO CONSTRUCT
SECTION W1
Packet Page 275
SC
MATCHLINE MATCHLINE MATCHLINE MATCHLINE MATCHLINE DATE LAST WORKED ON: NOT TO SCALE JOB NO.: SCALE: DRAWN: DATE: SHEET OF SHEETS CHECKED: NO. DATE JOINT TRENCH COMPOSITE PLANS JOINT TRENCH SECTIONS AND DETAILS JOINT TRENCH COMPOSITE TITLE SHEET JOINT TRENCH GENERAL NOTES AND DETAILS SHEET NO. DESCRIPTION ML OCTOBER 2020 219050A&B MLARA REVISIONS BY JOINT TRENCH DETAILS JT05 - JT06 JT04 JT01 JT02 JT03 7/29/2022 1 OVERHEAD TO UNDERGROUND CONVERSION 2,244 L.F. OF JOINT TRENCH SHALL BE INSTALLED WITH THIS JOINT TRENCH PLAN SET EX GAS JT SVC ECUG EEUG GAS EX FO EUOH EUUG KHALID TARRAR DOMINIC BOITANO - DANIEL LAGUNA FAHIM KHALIKI 219050A & B (925) 240-2595 -- 219050A & B - (408) 635-8829 (707) 816-1282 (405) 423-7149 DESCRIPTION: BY: DATE: STATUS: 06-29-2022 R TARRAR UTILITY CONSULTANTS DESIGN FOCUS A = APPROVED · ANS = APPROVED NOT SIGNED · NA = NOT APPROVED· F = FIRST SUBMITTAL · SS = SECOND SUBMITTAL · R = RECEIVED -FRRR - 06-08-2022 03-10-2022 04-07-2022 04-15-2022 AT&T RUGGERI-JENSEN-AZAR COMCAST - - - ROBSON HOMES 06-29-2022 R 813 First Street Brentwood, CA 94513 (925) 240-2595 (925) 240-7013 fax www.tarrar.com ·Planning ·Design ·Estimating ·Joint Trench ·Street Lighting ·Fiber Optic ·T-24 ·PG&E Gas Design ·PG&E Elec Design ·M.E.P. Design ·Cost Analysis ·Due Diligence APPROVED FOR SUBMITTAL HAIDER KAMMOONAH QUALIFIED APPLICANT DESIGN ENGINEER SMITH AVENUE MOORES AVENUECEDAR BOULEVARD NIMITZ FREEWAY TARRAR UTILITY CONSULTANTS TARRAR UTILITY CONSULTANTS TARRAR UTILITY CONSULTANTS 1 Planned Development Permit TD 4/10/2022 ANNIE TRAN PM#35223357 (925) 373-2605 SSSS 07-06-2022 07-06-2022 PM# 35342814 Packet Page 276
SHEETS SHEET OF NOT TO SCALE JOB NO.: SCALE: DRAWN: DATE: CHECKED: NO. DATE ML REVISIONS BY DATE LAST WORKED ON: 7/29/2022 813 First Street Brentwood, CA 94513 (925) 240-2595 (925) 240-7013 fax www.tarrar.com ·Planning ·Design ·Estimating ·Joint Trench ·Street Lighting ·Fiber Optic ·T-24 ·PG&E Gas Design ·PG&E Elec Design ·M.E.P. Design ·Cost Analysis ·Due Diligence OCTOBER 2020 219050A&B MLARA 1 Planned Development Permit TD 4/10/2022 Packet Page 277
"A" "B" SHEETS SHEET OF NOT TO SCALE JOB NO.: SCALE: DRAWN: DATE: CHECKED: NO. DATE ML REVISIONS BY DATE LAST WORKED ON: 7/29/2022 813 First Street Brentwood, CA 94513 (925) 240-2595 (925) 240-7013 fax www.tarrar.com ·Planning ·Design ·Estimating ·Joint Trench ·Street Lighting ·Fiber Optic ·T-24 ·PG&E Gas Design ·PG&E Elec Design ·M.E.P. Design ·Cost Analysis ·Due Diligence OCTOBER 2020 219050A&B MLARA 1 Planned Development Permit TD 4/10/2022 Packet Page 278
SHEETS SHEET OF NOT TO SCALE JOB NO.: SCALE: DRAWN: DATE: CHECKED: NO. DATE ML REVISIONS BY DATE LAST WORKED ON: 7/29/2022 813 First Street Brentwood, CA 94513 (925) 240-2595 (925) 240-7013 fax www.tarrar.com ·Planning ·Design ·Estimating ·Joint Trench ·Street Lighting ·Fiber Optic ·T-24 ·PG&E Gas Design ·PG&E Elec Design ·M.E.P. Design ·Cost Analysis ·Due Diligence OCTOBER 2020 219050A&B MLARA 1 Planned Development Permit TD 4/10/2022 SECTION S SECTION U SECTION V SECTION W3 SECTION D1 SECTION G4 SECTION L SECTION D4 SECTION D5 SECTION F4 SECTION F5 SECTION L1 SECTION U1 SECTION U2 SECTION W SECTION H5 SECTION H6 SECTION D6 SECTION F1 SECTION G5 Packet Page 279

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JT SHEETS SHEET OF 1" = 30' JOB NO.: SCALE: DRAWN: DATE: CHECKED: NO. DATE ML OCTOBER 2020 219050A&B TD REVISIONS BY DATE LAST WORKED ON: 7/29/2022 813 First Street Brentwood, CA 94513 (925) 240-2595 (925) 240-7013 fax www.tarrar.com ·Planning·Design·Estimating·Joint Trench·Street Lighting·Fiber Optic ·T-24·PG&E Gas Design·PG&E Elec Design·M.E.P. Design·Cost Analysis·Due Diligence APPROVED FOR SUBMITTAL HAIDER KAMMOONAH QUALIFIED APPLICANT DESIGN ENGINEER MATCH LINE SEE SHEET JT6 MATCH LINE SEE SHEET JT6
1 Planned Development Permit TD 4/10/2022
Packet Page 280

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JT JT SHEETS SHEET OF 1" = 30' JOB NO.: SCALE: DRAWN: DATE: CHECKED: NO. DATE ML OCTOBER 2020 219050A&B TD REVISIONS BY DATE LAST WORKED ON: 7/29/2022 813 First Street Brentwood, CA 94513 (925) 240-2595 (925) 240-7013 fax www.tarrar.com ·Planning ·Design ·Estimating ·Joint Trench ·Street Lighting ·Fiber Optic ·T-24 ·PG&E Gas Design ·PG&E Elec Design ·M.E.P. Design ·Cost Analysis ·Due Diligence MATCH LINE SEE SHEET JT5 MATCH LINE SEE SHEET JT5 APPROVED FOR SUBMITTAL HAIDER KAMMOONAH QUALIFIED APPLICANT DESIGN ENGINEER 1 Planned Development Permit TD 4/10/2022 Packet Page 281
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Watts Lum. Lumens LLF LLD LDD UDF Description Filename 10 AA NEW PROPOSED SINGLE 37.0875 5051 0.900 0.900 1.000 1.000 LUMEC DMS55-35W32LED3K-G3-LE2F - 20' POLE DMS5x-35W32LED3K-G3-LE2F .ies 1 CC NEW PROPOSED SINGLE 64 8896 0.900 0.900 1.000 1.000 LEOTEK GCJ3-30J-MV-30K-3R-XX-090 S - 28' POLE + 6' ARM GCJ3-30J-MV-30K-3R-XX-090 S.ie 6 EE RETROFIT EXISTING POLE LOCATION SINGLE 64 8896 0.900 0.900 1.000 1.000 LEOTEK GCJ3-30J-MV-30K-3R-XX-090 S - 28' POLE + 6' ARM GCJ3-30J-MV-30K-3R-XX-090 S.ie Luminaire Schedule Project: EXISTING Symbol Qty Label Arrangement No. Lamps Lumens/Lamp Total Lamp Lumens LLF LDD LLD BF Description Filename 1 EX1 SINGLE 1 9500 9500 0.608 0.900 0.900 0.750 EXISTING 100W HPS COBRAHEAD BY OTHERS GE453237.IES 2 EX2 SINGLE 1 16000 16000 0.608 0.900 0.900 0.750 EXISTING 150W HPS COBRAHEAD BY OTHERS GE453238.IES Calculation Summary Project: CEDAR BLVD - NEWARK Description CalcType Units Grid Z Avg Max Min Avg/Min Max/Min CEDAR BLVD Illuminance Fc 0 0.56 2.02 0.13 4.31 15.54 STREET A Illuminance Fc 0 0.93 3.01 0.13 7.15 23.15 STREET B Illuminance Fc 0 0.78 3.28 0.12 6.50 27.33 TYPICAL ON PROJECT FRONTAGE Illuminance Fc 0.61 2.02 0.13 4.69 15.54 SCALE SHEET REV 1" = 30' 1 OF 1 08.17.2022 7 DATE PHOTOMETRIC DATA USED AS INPUT FOR THESE CALCULATIONS IS BASED ON ESTABLISHED IES PROCEDURES AND PUBLISHED LAMP, RATINGS, FIELD PERFORMANCE WILL DEPEND ON ACTUAL LAMP, BALLAST, ELECTRICAL, AND SITE CHARACTERISTICS. ALL VALUES SHOWN ARE MAINTAINED HORIZONTAL FOOTCANDLES AT GRADE ASSOCIATED LIGHTING REPRESENTATIVES, INC 7777 PARDEE LANE P.O. BOX 2265 OAKLAND, CA 94621 PHONE: (510) 638-0158 - FAX (510) 638-2908 REPORT FOR: TARRAR UTILITY CONSULTANTS BY: APPLICATIONS ENGINEERING; RAMON ZAPATA Calculations have been performed according to IES standards and good practice. Some differences between measured values and calculated results may occur due to tolerances in calculation methods, testing procedures, component performance, measurement techniques and field conditions such as voltage and temperature variations. Input data used to generate the attached calculations such as room dimensions, reflectances, furniture and architectural elements significantly affect the lighting calculations. If the real environment conditions do not match the input data, differences will occur between measured values and calculated values. SALES REPRESENTATIVE: ALR; JOHN BENSON * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CITY OF NEWARK CEDAR BOULEVARD DRAWING NO. / INPUT FILE 18799BEN-B-R7.DWG / 18799BEN-B-R7.A32 PROJECT DESCRIPTION AGI32 VERSION 19.14 AGI (C) 2021 LIGHTING ANALYSTS, INC. 10268 W. CENTENNIAL ROAD, SUITE 202 LITTLETON, CO 80127 Packet Page 282
City of Newark
Cedar Boulevard Residential Development Page | 1

CEDAR BOULEVARD RESIDENTIAL DEVELOPMENT
Initial Study & Mitigated Negative Declaration
prepared by
City Of Newark
Community Development Department, Planning
37101 Newark Boulevard
Newark, CA 94560
Contact: Carmelisa Lopez, Senior Planner
prepared with the assistance of
M-Group, Inc.
51 East Campbell Avenue, #1247
Campbell, CA 95009
December 2022

EXHIBIT E
Packet Page 283
City of Newark
Cedar Boulevard Residential Development Page | 2
Packet Page 284
City of Newark
Cedar Boulevard Residential Development Page | 3

TABLE OF CONTENTS
Project Description........................................................................................................................... 5 Project Location and Setting.................................................................................................... 5 Project Characteristics............................................................................................................. 9 Construction........................................................................................................................... 11 Approvals Required................................................................................................................ 12 Environmental Factors Potentially Affected.................................................................................. 13 Determination........................................................................................................................ 13 Evaluation of Environmental Impacts:........................................................................................... 14 Environmental Checklist ................................................................................................................ 16 Aesthetics............................................................................................................................... 16 Agriculture and Forestry Resources....................................................................................... 19 Air Quality .............................................................................................................................. 22 Biological Resources............................................................................................................... 34 Cultural Resources................................................................................................................. 39 Energy……………………………………………………………………………………………………………………………… 43 Geology and Soils................................................................................................................... 47 Climate Change and Greenhouse Gas Emissions................................................................... 54 Hazards and Hazardous Materials......................................................................................... 61 Hydrology and Water Quality ................................................................................................ 69 Land Use and Planning........................................................................................................... 76 Mineral Resources ................................................................................................................. 79 Noise………………………………………………………………………………………………………………………………...80 Population and Housing......................................................................................................... 86 Public Services........................................................................................................................ 90 Recreation.............................................................................................................................. 96 Transportation ....................................................................................................................... 99 Tribal Cultural Resources..................................................................................................... 104 Utilities and Service Systems ............................................................................................... 108 Wildfire ................................................................................................................................ 118 Mandatory Findings of Significance..................................................................................... 121 References
TECHNICAL APPENDICES ...................................................................................................... 124 OTHER DOCUMENTS REFERENCED...................................................................................... 124 List of Preparers................................................................................................................... 124 M-Group, Inc........................................................................................................................ 124 City of Newark...................................................................................................................... 124

LIST OF TABLES
Table 1: BAAQMD 2017 CEQA Air Quality Thresholds of Significance .......................................... 25 Table 2: Construction Period Emissions......................................................................................... 28 Table 3: Operational Emissions...................................................................................................... 29 Table 4: Modeled Maximum Excess Lifetime Cancer Risk, Chronic Hazard Index, and Average Annual PM2.5 Concentrations at the MEIR Location.............................................................. 31 Table 5: Cumulative Maximum Health Risks for Existing Off-Site MEIR........................................ 32 Table 6: CEQA Thresholds of Significance for Greenhouse Gas Emissions, 2017 CEQA Guidelines57 Table 7: CEQA Thresholds of Significance for Greenhouse Gas Emissions, Adopted April 2022 .. 58 Packet Page 285
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Table 8: Project Greenhouse Gas Emissions.................................................................................. 60 Table 9: Summary of ACWD Groundwater Management Programs............................................. 72 Table 10: ACWD Past and Current Water Use (Acre-Feet).......................................................... 114

LIST OF FIGURES
Figure 1: Regional Location.............................................................................................................. 5 Figure 2: Project Site Location ......................................................................................................... 6 Figure 3: Photographs of Project Site and Surroundings................................................................. 7 Figure 4: Project Site Plan .............................................................................................................. 10 Figure 5: Hazards and Hazardous Waste: Site Layout ................................................................... 62 Packet Page 286
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Project Description
Project Location and Setting
The project site (site) is located on 38288-38594 Cedar Boulevard, Newark in Alameda County (Figure 1).

The site (APNs: 92A-2375-002-06, 092A-2375-022-01) is a 337,842 square feet (7.76 acre) rectangular property, consisting of (4) legal lots, bordered by Interstate 880 (I-880) to the northeast and Cedar Boulevard to the southwest. A public storage facility is located to the northwest of the site with industrial buildings to the southeast. Single-family residential development, which is fenced from the street by an approximately 8 foot tall masonry wall, two church buildings (Cedars Church) and a pre-school (King Kids Preschool) are located across Cedar Boulevard to the southwest of the site. Figure 2 below shows the location and context of the project site.

Figure 1: Regional Location
Currently, the site contains several commercial buildings predominantly including automotive repair, automotive parts supply shops and associated paved areas for circulation and parking for both vehicles Figure 1 Regional Location in the Bay Area.
(Source: Google Maps, Accessed on May 2022)
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brought in for repairs as well as employees and visitors to the site. The site also includes a large metal storage shed and parking for campers and trailers in the northwest portion of the site. Additionally, spaces in between the buildings and rear of the property are used for vehicle storage and in some areas are marked by discarded items and debris.

Vegetation in and around the site includes grown coniferous trees along Cedar Boulevard in front of the wrought iron fence, which marks the border of the site along Cedar Boulevard. A few trees or large bushes are also located in the northern portion of the site, and a hedge partially borders the site to the rear in its southern portion. Figure 3 includes a series of photographs of the site and surrounding area.

Figure 2: Project Site Location
Figure 2. Project Site Location.
(Source: Google Earth, accessed May 2022)
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Figure 3: Photographs of Project Site and Surroundings
Figure 3.a Looking southeast from near the Cedar Boulevard/Smith Avenue intersection toward the project site.

Figure 3.b Looking east at the project site (northern portion) from Cedar Boulevard.

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Figure 3.c- Looking east at the project site (southern portion) from Cedar Boulevard.

Figure 3.d- Looking south at the rear of the project site behind the building at 38486 Cedar Blvd within the site.

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Figure 3.e Looking east between the buildings on the project site.

Figure 3.f Looking southwest across Cedar Boulevard toward the Church property.

Figure 3.g Looking southwest across Cedar Boulevard toward the Church property.

Project Characteristics
The project proposes to redevelop the subject site with a residential development containing 118 units, incorporating single family residences and two-unit attached townhouses (duets). The proposed residences range in size from 1,961 to 2,589 square feet.

The single family and duet residential units would be arranged on the site as shown on the site plan (Figure 4). Access to the units will be provide via private street on the site, which will be accessed via two Packet Page 291
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driveways from Cedar Boulevard. The proposed residential buildings will be three stories and exhibit an architectural style that is interpretive of early California architecture developed as a combination of the traditional New England and Spanish styles with incorporation of available building materials.

The project would entail demolition of the existing buildings, paving and private utilities on site, removal of trees along the site frontage facing Cedar Boulevard and vegetation on site. Trees located across Cedar Boulevard in the street segment at the front of the site are also proposed to be removed. Additionally, the project would entail new landscaping and other associated improvements, including utility upgrades and offsite improvements.

Figure 4: Project Site Plan
Access and Circulation
As indicated above, access to the proposed development would be provided via two driveways from Cedar Boulevard. On site circulation would consist of internal roads and courts that would provide access to twocar garages with each residential unit. Pedestrian circulation within the site would occur via sidewalks and interconnected pedestrian walks.

Grading and Drainage
The project would entail grading the entire site for building pads, private streets and sidewalks, and resurfacing for open space and landscaping. The project balances the cut and fill quantities on site with 25,300 cubic yards of cut and fill each. The site currently drains toward Cedar Boulevard. The project would include bioretention areas for stormwater in four of the proposed open space areas on site, and silva cells on either side of the entrance of the northern access road to the site. The stormwater collected on site would ultimately drain into the City’s stormwater system.

Figure 4 Site Plan Schematic
(Source: 38478 Cedar Boulevard Project Plans, July 2022 Packet Page 292
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Landscaping
The project proposes six open space areas. Four of these open spaces, two in central locations within the development (Lot D and Lot F) and one at each of the property corners (Lot B and E) adjacent to Cedar Boulevard, would incorporate bioretention areas for stormwater. The remaining two, located at the northeastern and southeastern corners of the site, would serve as dog areas. Landscaping would consist of trees along the property boundaries and trees and shrubs within the open spaces on the site.

Additionally, the project proposes planting pockets for accent plants on the sidewalks along private streets within the subject site.

An 18-foot tall masonry wall is proposed along the rear of the property adjacent to I-880. 18- to 8- foot tall masonry walls would be located along the site’s northwestern and southwestern boundaries that would step down from the rear to the front of the property The project proposes a low stucco wall along Cedar Boulevard. Five foot tall wood fences on site would create trash enclosures between buildings.

Utilities
The proposed project is located within an urbanized environment within the City of Newark where the utility infrastructure is substantially in place to which the development would connect. The project proposes undergrounding of utilities including tie-ins for storm, sewer, and water along Cedar Boulevard, and relocation of certain streetlights, fire hydrant and other on-site utilities. Existing 18 inch stormwater drainpipes in Cedar Boulevard, near the southwestern and southeastern corner of the project site, will be removed for the installation of upsized 24 inch stormwater lines to serve the project.

Off-site Improvements
The project proposes several off-site improvements as follows:

1. Two 8-foot tall masonry walls, sidewalk reconstruction, and street tree plantings and landscape installation across the subject property, on the south side of Cedar Boulevard, in the street segment fronting the residential development to the south

2. Traffic signal and crosswalk improvements at the Cedar Blvd and Smith Ave intersection

3. Traffic median improvements on Cedar Boulevard (Blvd)

4. Undergrounding of utilities along Cedar Blvd including tie-ins for storm, sewer, and water

5. Bus shelter on the project site (within private property) adjacent to Lots 68 & 111

6. Sidewalk extension across the adjacent Public Storage property to the northwest

7. Left turn queue lane extension at the corner of Cedar Blvd and Mowry Avenue Construction
Construction of the project would include the demolition of the existing buildings, grading/site preparation work, utilities installation and the construction of the 118 residential units and associated onsite and off-site improvements. Equipment used in construction would include saws, dozers, loaders, graders, scrapers, backhoes, cranes, forklifts, generators, welders, cement mixers, pavers, rollers, and air compressors that are all assumed to be diesel-fueled. It would take approximately 30-36 months to Packet Page 293
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construct the project. The storage and location of construction equipment would be a combination of on and off-site.

Approvals Required
The proposed project requires the following entitlements from the City of Newark:

1. Planned Development Plan and Zoning Amendment from Residential Medium Density (RM) to Residential Medium Density-Planned Development (RM-PD) overlay.

2. Design Review, which is required for all projects that require a permit for new construction, reconstruction, rehabilitation, alteration, or other improvements to the exterior of a structure, site, or a parking area.

3. Minor Use Permit to allow for fence/wall height in excess of six feet; the proposed development would include walls up to 18 feet in height adjacent to I-880.

4. Vesting Tentative Subdivision Map to create 124 lots including six common and 118 residential lots on the 337,842 square feet (7.76 acre) site.

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Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” as indicated by the checklist on the following pages. □ Aesthetics □ Agriculture and Forestry
Resources
■ Air Quality
■ Biological Resources ■ Cultural Resources □ Energy
■ Geology and Soils □ Greenhouse Gas
Emissions
■ Hazards and Hazardous
Materials
□ Hydrology / Water Quality □ Land Use/ Planning □ Mineral Resources □ Noise □ Population / Housing □ Public Services
□ Recreation □ Transportation ■ Tribal Cultural Resources □ Utilities / Service Systems □ Wildfire □ Mandatory Findings of Significance
Determination
On the basis of this initial evaluation:
□ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
■ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. □ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
□ I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
□ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

Signature Date
Printed Name Title

CARMELISA LOPEZ SENIOR PLANNER
12/21/22
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Evaluation of Environmental Impacts:

1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question.

A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors, as well as general standards (e.g., the project would not expose sensitive receptors to pollutants, based on a project- specific screening analysis).

2. All answers must take account of the whole action involved, including off-site as well as on- site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.

3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required.

4. “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level.

5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D).

In this case, a brief discussion should identify the following:
a. Earlier Analyses Used. Identify and state where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.
c. Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.

6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.

7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion.

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8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format isselected.

9. The explanation of each issue should identify:
a. the significance criteria or threshold, if any, used to evaluate each question; and b. the mitigation measure identified, if any, to reduce the impact to less than significance.

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Environmental Checklist
Aesthetics
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Except as provided in Public Resources Code Section
21099, would the project:
a. Have a substantial adverse effect on a scenic vista? □ □ ■ □ b. Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?
□ □ □ ■
c. In nonurbanized areas, substantially degrade the
existing visual character or quality of public views of the site and its surroundings? (Public views are
those that are experienced from publicly accessible
vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning
and other regulations governing scenic quality?
□ □ ■ □
d. Create a new source of substantial light or glare
which would adversely affect day or nighttime views
in the area?
□ □ ■ □
Aesthetics Setting
The project site is in the northeastern quadrant of the City of Newark and is in an urbanized area. It is bordered to the northeast by I-880, which is not a state designated scenic highway. Like most of Newark, the topography of the site is flat. There are no officially designated scenic vistas or view corridors in Newark. However, views of the undeveloped Coyote Hills to the northeast, of Mission Peak to the east, and of the East Bay Hills to the east and southeast are available from open spaces in the City.1 Regulatory Setting
Caltrans Scenic Highway
Caltrans maintains a map of all scenic highways in the state of California. The subject site is not adjacent to a state designated scenic highway.

City of Newark General Plan
The Newark General Plan has policies regarding aesthetics and view protection. Conformance to these policies is discussed in the impact analysis below.
1 General Plan Tune Up Draft EIR, City of Newark, August 13, 2013 Packet Page 298
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Impact Analysis
a. Would the project have a substantial adverse effect on a scenic vista? The project proposes construction of 118 three-story residential units in an urbanized area. The closest open spaces to the project site are Byington Park on Central Avenue and Birch Grove Park on Birch Street, located approximately 1.1 miles and 0.8 miles, respectively, generally to the southwest of the site. There could potentially be distant views of the hills to the east from these parks. However, these views would be blocked by existing development, and therefore, the construction and operation of the project would not result in a substantial adverse effect on these views. In addition, the distant views of the hills from public roads would not be significantly impacted by the proposed project. LESS

THAN SIGNIFICANT IMPACT
b. Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? The project site is located adjacent to I-880, which is not a state scenic highway. The project site contains existing light industrial/commercial development and does not contain any scenic resources, rock outcroppings or historic buildings, which could be damaged by its redevelopment. NO IMPACT c. Would, in non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Newark’s scenic areas are located on the western and southern edges of the City toward the bay and shoreline areas. The project site is located near the eastern edge of the City adjacent to I-880, which is not a scenic highway. The distant views of the eastern hillsides may be available from the topmost, third story of the buildings along the rear of the project site. Low stucco walls proposed on the Cedar Boulevard side would be required to comply with Policy LU-4.12 of the City’s General Plan regarding fences and gates, and would be required to be compatible with adjacent structures and with the neighborhood context.

Policy LU-4.14 View Protection, of the City’s General Plan speaks to the protection and enhancement of panoramic views and vistas of horizon features such as Coyote Hills, Mission Peak, the East Bay and Peninsula Hills, and San Francisco Bay. As discussed under subsection (a) above, the proposed project would not have any substantial adverse impacts on scenic vistas and would not conflict with General Plan Policy LU-4.14. The project site is proposed to be zoned Residential Medium Density (RM) with Planned Development (PD) overlay. Development in the RM zoning district is subject to the supplemental regulations incorporated in Newark Municipal Code (NMC) Chapter 17.07, which pertain to project design, and provisions of NMC Chapter 17.34, Design Review. Furthermore, the PD overlay requires compliance with applicable adopted design guidelines and achievement of superior community design. The requirements of Design Review and Planned Development would ensure acceptable visual quality for the proposed project. LESS THAN SIGNIFICANT IMPACT d. Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
The area surrounding the project site contains existing lighting sources including the church complex, the residences across Cedar Boulevard to the southwest of the site, and lighting along I-880. There is existing security and other lighting on the project site. The development of the proposed project Packet Page 299
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would introduce new lighting sources in the area. However, the lighting design would be governed by and required to comply with NMC Chapter 17.17.060, which includes standards to prevent glare on adjacent properties. The project also proposes new streetlights that are not anticipated to cause glare as they would be downward lit. Therefore neither lighting on the site or streetlights would create a source of substantial light and glare to adversely affect the day or nighttime views in the area. LESS

THAN SIGNIFICANT IMPACT
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Agriculture and Forestry Resources
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board.

Would the Project:
a. Convert Prime Farmland, Unique Farmland,
Farmland of Statewide Importance (Farmland), as
shown on maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the California
Resources Agency, to non-agricultural use?
□ □ □ ■
b. Conflict with existing zoning for agricultural use or a Williamson Act contract? □ □ □ ■ c. Conflict with existing zoning for or cause rezoning of forest land (as defined in Public Resources Code
Section 12220(g)); timberland (as defined by Public
Resources Code Section 4526); or timberland zoned
Timberland Production (as defined by Government
Code Section 51104(g))?
□ □ □ ■
d. Result in the loss of forest land or conversion of
forest land to non-forest use? □ □ □ ■ e. Involve other changes in the existing environment which, due to their location or nature, could result
in conversion of Farmland to non-agricultural use or
conversion of forest land to non-forest use?
□ □ □ ■
Agriculture and Forestry Setting
The City of Newark contains two areas that have been designated as Urban Prime Agricultural Lands, including a conservation area east of the Thornton/Jarvis intersection (designated as Conservation Open Space) and a 90-acre area west of Stevenson Boulevard on the west side of the Union Pacific Railroad.

Cargill harvests, refines, and producessalt within Newark (separate and apart from Cargill‘s solar salt pond in Fremont) in the areas zoned for agricultural use and covered by Williamson Act Agricultural Preserve contracts.2 All of these areas are located in the western part of the City and are not in close proximity to the project site.
2 Newark General Plan, adopted December 12, 2013.

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Regulatory Setting
Williamson Act
The Williamson Act (California Land Conservation Act of 1965) enables local governments to enter into contracts with private landowners for the purpose of restricting specific parcels of land to agricultural or related open space uses. In return, landowners receive property tax assessments which are lower than full market value of the property because they are based on farming and open space uses.

Farmland Mapping and Monitoring Program
The California Natural Resources Agency’s Farmland Mapping and Monitoring Program (FMMP) provides maps and data to decision makers to assist them in making informed decisions regarding the planning of the present and future use of California’s agricultural land resources.

Forest Land and Timberland
Public Resources Code Section 12220(g) identifies forest land as land that can support a 10 percent native tree cover of any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public benefit. Public Resources Code Section 4526 identifies timberland as land, other than land owned by the federal government and land designated by the board as experimental forest land, which is available for, and capable of, growing a crop of trees of a commercial species used to produce lumber and other forest products, including Christmas trees. Commercial species shall be determined by the board on a district basis.

Impact Analysis
a. Would the project convert Prime Farmland, Unique Farmland, Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? There is no Prime Farmland, Unique Farmland, or Farmland of Statewide Importance within the City of Newark. The subject site is shown as “Urban and Built Up Land” on the most recent maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency3. NO IMPACT
b. Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract? The project site is not zoned for agricultural use. The subject site is currently developed with commercial/light industrial uses. The surrounding properties are also developed with similar and residential and institutional uses. There is no agricultural or forest land in the vicinity. In addition, the property is not subject to a Williamson Act Contract. NO IMPACT. c. Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))?
3 https://maps.conservation.ca.gov/dlrp/ciff/, last accessed June 2022 Packet Page 302
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The project site is proposed to be rezoned from RM: Medium Density Residential to RM: Medium Density Residential with Planned Development (PD) overlay. The RM zoning district allows for residential uses and residential uses may be allowed as part of planned development. The site is currently developed with a light industrial/commercial building and does not contain any forest land (as defined in Public Resources Code Section 12220(g)), or timberland (as defined by Public Resources Code Section 4526). NO IMPACT
d. Would the project result in the loss of forest land or conversion of forest land to non-forest use? The project site is currently developed for light industrial/commercial use and would be developed for residential use. NO IMPACT
e. Would the project involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use?
The proposed project would result in a conversion of a light industrial/commercial use to a residential use. The immediate vicinity of the project site is characterized by light industrial/commercial, residential and institutional development with the general vicinity being built up land.

As noted above, there is no Prime Farmland, Unique Farmland, or Farmland of Statewide Importance within the City of Newark. There is no active timberland production, forest resources, or timberland resource zones in the general vicinity of the site. NO IMPACT.

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Air Quality
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Where available, the significance criteria established by the applicable air quality management district or airpollution control district may be relied upon to make the following determinations.

Would the project:
a. Conflict with or obstruct implementation of the
applicable air quality plan? □ □ ■ □
b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is
non-attainment under an applicable federal or state
ambient air quality standard?
□ ■ □ □
c. Expose sensitive receptors to substantial pollutant
concentrations? □ ■ □ □
d. Result in other emissions (such as those leading to
odors) adversely affecting a substantial number of
people?
□ □ ■ □
Air Quality Setting
The project site is located adjacent to I-880 in the City of Newark, which is in Alameda County and within the San Francisco Bay Area Air Basin (SFBAAB). The Bay Area Air Quality Management District (BAAQMD) is the regional agency tasked with managing air quality in the region with jurisdiction over the nine-county San Francisco Bay Area Air Basin, which includes San Francisco, Alameda, Contra Costa, Marin, San Mateo, Santa Clara, and Napa Counties and portions of Sonoma and Solano Counties. The California Air Resources Board (CARB), which is a part of the California Environmental Protection Agency (CEPA), oversees regional air district activities and regulates air quality at the state level.

Ambient air quality standards (AAQS) have been established at both the federal and state level. The U.S.

Environmental Protection Agency (USEPA) has established national AAQS for six of the most common air pollutants— carbon monoxide, lead, ground-level ozone, particulate matter, nitrogen dioxide, and sulfur dioxide. These pollutants are known as “criteria air pollutants” or “criteria pollutants”.

High ozone levels are caused by the cumulative emissions of reactive organic gases (ROG) and nitrogen oxides (NOx). These precursor pollutants react under certain meteorological conditions to form high ozone levels. Controlling the emissions of these precursor pollutants is the focus of the Bay Area’s attempts to reduce ozone levels. The highest ozone levels in the Bay Area occur in the eastern and southern inland valleys that are downwind of air pollutant sources. High ozone levels aggravate respiratory and cardiovascular diseases, reduce lung function, and increase coughing and chest discomfort.

Particulate matter is assessed and measured in terms of respirable particulate matter or particles that have a diameter of 10 micrometers or less (PM10) and fine particulate matter where particles have a diameter of 2.5 micrometers or less (PM2.5). Elevated concentrations of PM10 and PM2.5 are the result of both region-wide (or cumulative) emissions and localized emissions. High particulate matter levels Packet Page 304
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aggravate respiratory and cardiovascular diseases, reduce lung function, increase mortality (e.g., lung cancer), and result in reduced lung function growth in children.

Toxic Air Contaminants (TAC) are a broad class of compounds known to cause morbidity or mortality (usually because they cause cancer) and include, but are not limited to, the criteria air pollutants. TACs are found in ambient air, especially in urban areas, and are caused by industry, agriculture, fuel combustion, and commercial operations (e.g., dry cleaners). TACs are typically found in low concentrations, even near their source (e.g., diesel particulate matter [DPM] near a freeway). Because chronic exposure can result in adverse health effects, TACs are regulated at the regional, state, and federal level. Diesel exhaust is the predominant TAC in urban air and is estimated to represent about threequarters of the cancer risk from TACs (based on the Bay Area average).

The Bay Area meets all ambient air quality standards with the exception of ground-level ozone, respirable particulate matter (PM10), and fine particulate matter (PM2.5). As such the Bay Area is a “non-attainment area” for ground level ozone, PM10 and PM2.5 in that it does not meet the federal or state ambient air quality standards for these “criteria pollutants”.

Regulatory Setting
Federal
The Federal Clean Air Act (FCAA) is the foundation for a national air pollution control effort, and it is composed of the following basic elements: National AAQS for criteria air pollutants, hazardous air pollutant standards, state attainment plans, motor vehicle emissions standards, stationary source emissions standards and permits, acid rain control measures, stratospheric ozone protection, and enforcement provisions.

The USEPA is responsible for administering the FCAA. The USEPA has classified air basins or portions thereof as either "attainment" or "nonattainment" for each criteria air pollutant, based on whether or not the national AAQS have been achieved, pursuant to amendments to the FCAA.

State
The California Clean Air Act (CCAA), which is patterned after the FCAA, was first signed into law in 1988, provides a comprehensive framework for air quality planning and regulation, and defines, through statute, the state’s air quality goals, planning and regulatory strategies, and performance. The CCAA requires all areas of the state to achieve and maintain the California AAQS. The California AAQS are generally more restrictive than the national AAQS. The CCAA also require areas to be designated as "attainment" or "nonattainment" for the California AAQS. Thus, areas in California have two sets of attainment designations:
one set with respect to the NAAQS and one set with respect to the CAAQS. The SFAAB is currently designated as a “nonattainment” area for state and national ozone standards, state particulate matter (PM10 and PM2.5) standards, and the federal PM2.5 (24-hour) standard (BAAQMD, 2017a).

Regional
BAAQMD 2017 Clean Air Plan
The BAAQMD’s most recent adopted plan is the Bay Area 2017 Clean Air Plan: Spare the Air, Cool the Climate (2017 CAP), adopted on April 19, 2017, to comply with state air quality planning requirements set forth in the California Health & Safety Code. The primary goals of the 2017 Bay Area Clean Air Plan are to Packet Page 305
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attain state and federal AAQS, eliminate disparities among Bay Area communities in cancer health risk from toxic air contaminants, and reduce Bay Area greenhouse gas (GHG) emissions to 40 percent below 1990 levels by 2030 and 80 percent below 1990 levels by 2050.

The 2017 CAP includes a comprehensive strategy of 85 specific control measures targeting a variety of local, regional, and global pollutants. The control measures have been developed for stationary sources, transportation, energy, buildings, agriculture, natural and working lands, waste management, water, and super-GHG pollutants. A number of control measures are designed to promote mixed use, compact development to reduce vehicle emissions and exposure to pollutants from stationary and mobile sources.

Implementation of some of the control measures could involve retrofitting, replacing, or installing new air pollution control equipment, changes in product formulations, or construction of infrastructure to reduce conditions that have the potential to create air quality impacts.

In general, a project is considered consistent with the 2017 Clean Air Plan if:

1. The project supports the primary goals of the CAP,

2. The project includes control measures, and

3. The project does not interfere with implementation of the CAP measures.

BAAQMD 2017 CEQA Air Quality Guidelines
The BAAQMD CEQA Guidelines set forth criteria for determining consistency with the CAP. These guidelines aim to assist lead agencies in evaluating air quality impacts of projects and plans proposed in the SFBAAB. The Guidelines contain instructions on how to evaluate, measure, and mitigate air quality impacts generated from land development construction and operation activities. The guidelines focus on criteria air pollutants, GHGs, TACs, and odor emissions generated from plans or projects and are intended to help lead agencies navigate through the CEQA process. The guidelines for implementation of the thresholds are for information purposes only to assist local agencies. Recommendations in the guidelines are advisory and should be followed by local governments at their own discretion.

The most recent version of the CEQA Air Quality Guidelines were published May 2017, and includes revisions to address the California Supreme Court’s opinion (California Building Industry Association v. Bay Area Air Quality Management District, December 2015)4. The updated guidelines include the existing significance thresholds and provide quantitative screening criteria for various types of development projects allowing for streamlined review of projects that would be considered to have a less than significant impact to air quality due to their size. The updated guidelines do not address outdated references, links, analytical methodologies or other technical information that may be in the guidelines or Thresholds Justification Report. The Thresholds of Significance Justification Report presents the BAAQMD’s thresholds of significance for use in determining whether a proposed project will have a

4. The case involved a challenge to BAAQMD’s adoption of new CEQA thresholds of significance for air pollutants, including Toxic Air Contaminant (TAC) “receptor thresholds” – thresholds for “new receptors” consisting of residents and workers who will be brought to the area as a result of a proposed project – and thresholds for GHGs and PM2.5. The California Supreme Court held that ““agencies subject to CEQA generally are not required to analyze the impact of existing environmental conditions on a project‘s future users or residents. But when a proposed project risks exacerbating those environmental hazards or conditions that already exist, an agency must analyze the potential impact of such hazards on future residents or users. In those specific instances, it is the project’s impact on the environment – and not the environment’s impact on the project – that compels an evaluation of how future residents or users could be affected by exacerbated conditions.” Packet Page 306
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significant impact on climate change and provides the substantial evidence that lead agencies will need to support their use of these thresholds. The BAAQMD is currently working to update any outdated information in the Guidelines.

On April 20, 2022, the BAAQMD adopted updated CEQA Thresholds for GHG for Evaluating the Significance of Climate Impacts From Land Use Projects and Plans. These thresholds are discussed under the “Greenhouse Gas Emissions” resource area of this initial study. The BAAQMD 2017 CEQA Air Quality Thresholds of Significance (with the exception of GHG thresholds) are summarized in Table 1 below.

Table 1: BAAQMD 2017 CEQA Air Quality Thresholds of Significance Pollutant
Construction-Related Operational-Related
Average Daily
Emissions, lb/day
Average Daily Emissions,
lb/day
Maximum Annual Emissions,
tons/year
ROG 54 54 10
NOX 54 54 10
PM10 (exhaust) 82 82 15
PM2.5 (exhaust) 54 54 10
PM10/PM2.5 (fugitive
dust)
BMPs None
Local CO None 9.0 ppm (8-hour average),

20.0 ppm (1-hour average)
Risks and Hazards
(individual project)
Same as operational
thresholds
Compliance with Qualified Community Risk Reduction Plan; or increased cancer risk of greater than 10.0 in a million; or increased non-cancer risk of greater than 1.0 hazard index (chronic or acute); or ambient PM2.5 increase of greater than

0.3 µg/m3 annual average
Risks and Hazards
(cumulative
threshold)
Same as operational
thresholds
Compliance with Qualified Community Risk Reduction Plan; or increased cancer risk of greater than 100 in a million from all local sources; or increased non-cancer risk of greater than 10.0 hazard index (chronic or acute) from all local sources; or ambient PM2.5 increase of greater than 0.8 µg/m3 annual average from all local sources
NOTES:

BMPs = Best Management Practices
Source: BAAQMD, 2017b (Table incorporated in 38478 Cedar Boulevard Project. Air Quality & Greenhouse Gas and Health Risk Assessment, September 2022, ESA
Discussion of the air quality impacts of the project that follows is based on the analysis presented in the Air Quality, Greenhouse Gas and Health Risk Assessment, dated September 2022, prepared by ESA for the project.

Impact Analysis
a. Would the project conflict with or obstruct implementation of the applicable air quality plan? BAAQMD, with assistance from the Association of Bay Area Governments (ABAG) and Metropolitan Transportation Commission (MTC), has prepared and implements specific plans to meet the Packet Page 307
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applicable laws, regulations, and programs. The Bay Area 2017 Clean Air Plan is the most recent comprehensive air quality plan.

As indicated above under “Regulatory Setting”, a project is considered consistent with the CAP if: (1) the project supports the primary goals of the CAP, (2) includes control measures and (3) does not interfere with implementation of the CAP measures. In formulating compliance strategies, BAAQMD relies on planned land uses established by local general plans, which must show consistency with the control measures listed within the Clean Air Plan.

The primary goals of the 2017 CAP are to attain air quality standards, reduce population exposure to pollutants, protect public health within the SFAAB, and reduce GHG emissions and protect the climate.

Any project that would not support these goals would not be considered consistent with the 2017 CAP.

The 2017 Clean Air Plan does not include project level control measures. As a result, the recommended approach for determining project support of 2017 Clean Air Plan goals is consistency with BAAQMD-approved CEQA thresholds of significance (i.e. the attainment of criteria air pollutant emissions thresholds and health risk standards). The proposed project would not conflict with the goals of the 2017 Clean Air Plan as it would have emissions below the BAAQMD thresholds, as shown in section b, below. Therefore, per BAAQMD guidance, the project would support the primary goals of the 2017 CAP.

Additionally, the project is urban infill and located near transit with regional connections through bus stops located at the junction of Cedar Boulevard and Central Boulevard, approximately 0.5 miles from the project site. The project itself includes a bus shelter on the project site, on the Cedar Boulevard side as part of associated improvements. Such access to transit would serve to reduce vehicular trips.

These project features would ensure consistency of the project with the transportation sector control measures in the 2017 CAP.

The project would be required to comply with the California Green Building (CalGreen) Code and Title 24 building energy efficiency requirements, and would include energy saving features such as high efficiency lighting and water heaters, in addition to solar panels. Additionally, the City would require project compliance with CalGreen residential code requirements ensuring consistency with the control measures in the energy and building sectors of the 2017 CAP.

Since the project would not create a conflict with the feasible control measures and would not interfere with the implementation of the CAP measures, the project would not obstruct the implementation of the 2017 Clean Air Plan. LESS THAN SIGNIFICANT IMPACT b. Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? As discussed under “Air Quality Setting“ above, the Bay Area is considered a non-attainment area for ground-level O3 and PM2.5 under both the Federal Clean Air Act and the California Clean Air Act, and considered non-attainment for PM10 under the California Clean Air Act. The area has attained both state and federal ambient air quality standards for carbon monoxide.

As part of an effort to attain and maintain ambient air quality standards for O3, PM2.5 and PM10, the BAAQMD has established thresholds of significance for these air pollutants and their precursors.

These thresholds apply to both construction and operations impacts.

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Construction Impacts
Construction period emissions would be generated from on-site demolitions and construction activity, construction vehicle trips, and evaporative emissions which consists of vaporized fuel emitted into the atmosphere from the fuel system of a motor vehicle. The proposed project’s air quality analysis uses the California Emissions Estimator Model (CalEEMod)5, version 2016.3.2 to calculate construction emissions associated with land use projects based on land use types and size, and anticipated construction schedule.

The methodology and outputs of this analysis is described in detail in the report (Appendix 1). Table 26 below summarizes the results of this analysis, which shows that the project construction would not exceed BAAQMD thresholds for ozone precursors (ROG and NOx) and criteria pollutants. As noted in the table below, criteria air pollutant emissions would be less than significant prior to mitigation and would be reduced further with implementation of Mitigation Measures AQ -1 and AQ-2.

Additionally, it is noted that the CalEEMod modeling is based on construction commencing in October of 2021, which has passed with construction on the project not having yet commenced. However, emission factors within CalEEMod would decrease into future years because of improvements in vehicle technology and cleaner construction equipment. Therefore, the project’s air quality analysis can be considered to have over-estimated project emissions.

Project related demolition, grading, excavation and building construction activities at the project site, however, would temporarily generate fugitive dust in the form of PM10 and PM2.5 and also larger particles that can cause nuisance impacts. Sources of fugitive dust would include disturbed soils at the construction site and trucks carrying uncovered loads of soils. Unless properly controlled, vehicles leaving the site would deposit mud on local streets, which could be an additional source of airborne dust after it dries. For mitigation of fugitive dust emissions, the BAAQMD CEQA Air Quality Guidelines recommend using specific Best Management Practices (BMPs), which has been a practical and effective approach to control fugitive dust emissions. The guidelines note that individual measures have been shown to reduce fugitive dust by anywhere from 30 percent to more than 90 percent and consider fugitive dust impacts to be less-than-significant if best management practices (BMPs) are implemented to reduce these emissions. Mitigation Measure AQ-1 includes the BMPs that are all “Basic Construction Mitigation Measures” recommended by BAAQD for all projects whether or not construction related emissions exceed applicable thresholds of significance7. 5 CalEEMod is an emissions estimation model that calculates all emissions associated with land use projects. This model is regulatory-approved for CEQA projects and has been developed by, or in coordination with, the California Air Resources Board (CARB).
6 The table includes both unmitigated emissions and mitigated emissions, the latter of which includes the use of Tier 4 Final offroad construction equipment. The mitigation is not required for criteria pollutant emissions because the unmitigated construction emissions are below the BAAQMD thresholds. The mitigation is required for health risks, which are discussed in item “c”. 7 BAAQMD recommends additional construction mitigation measures for all projects that exceed the applicable thresholds of significance. Since the project’s construction emissions would not exceed the threshold of significance as shown in the table above, Mitigation Measure AQ-1 includes the “Basic Construction Mitigation Measures” Packet Page 309
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Table 2: Construction Period Emissions
Year/Constru
ction Phase
Unmitigated Average Daily Emissions
(pounds per day)
Unmitigated Average Daily Emissions
(pounds per day)
ROG NOX PM10
Exhaust
PM2.5
Exhaust
Fugitive
Dust
ROG NOX PM10
Exhaust
PM2.5
Exhaust
Fugitive
Dust
2021
Demolitionb 1.54 16.41 0.72 0.67 --- 0.29 2.83 0.03 0.03 --- Site
Preparationc

0.61 6.24 0.31 0.29 --- 0.08 0.32 0.01 0.01 ---
Gradingd 0.97 12.12 0.45 0.42 --- 0.23 3.21 0.03 0.03 --- Total
Average
Dailyf

3.12 34.77 1.49 1.38 7.21 0.60 6.36 0.07 0.07 3.25
2022
Gradingd 0.04 0.52 0.02 0.02 --- 0.01 0.15 0.00 0.00 --- Building
Constructione

1.90 16.80 0.80 0.75 --- 0.55 3.67 0.05 0.05 ---
Total
Average
Dailyf

1.94 17.32 0.82 0.77 0.80 0.56 3.82 0.05 0.05 0.36
2023
Building
Constructione

1.78 15.56 0.70 0.66 --- 0.54 3.41 0.05 0.04 ---
Total
Average
Dailyf

0.78 15.56 0.70 0.66 0.61 0.54 3.41 0.05 0.04 0.28
2024
Building
Constructione

1.33 11.61 0.49 0.46 --- 0.41 2.70 0.04 0.04 ---
Pavingg 0.02 0.20 0.01 0.01 --- 0.01 0.03 0.00 0.00 --- Architectural
Coatingh

42.34 0.13 0.01 0.01 --- 42.33 0.02 0.00 0.00 ---
Total
Average
Dailyf

43.69 11.93 0.51 0.48 0.50 42.75 2.74 0.04 0.04 0.23
BAAQMD
Significance
Threshold
54 54 82 54 N/A 54 54 82 54 N/A
Significant
Impact
No No No No N/A No No No No N/A
NOTES:
aMitigation includes Tier 4 Final off-road construction equipment. bDemolition occurs from 10/4/2021 to 11/12/2021 for 30 workdays. cSite Preparation occurs from 11/13/2021 to 11/26/2021 for 10 workdays. dGrading occurs from 11/27/2021 to 1/7/2022 for 30 workdays. eBuilding Construction occurs from 1/8/2022 to 8/2/2024 for 670 workdays. f
Total average daily emissions for each year are averaged over the following annual workdays: 65 in 2021, 260 in 2022, 260 in 2023, and 195 in 2024.
gPaving occurs from 8/3/2024 to 8/30/2024 for 20 workdays. hArchitectural Coating occurs from 8/31/2024 to 9/27/2024 for 20 workdays.

Source: 38478 Cedar Boulevard Project. Air Quality & Greenhouse Gas and Health Risk Assessment, September2022, ESA Operations Impacts
Operational air emissions from the project would be generated primarily from vehicular trips by project occupants, delivery vehicles, as well as from on-site area and energy sources for space and water heating, landscape maintenance, use of consumer products such as hairsprays, deodorants, Packet Page 310
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cleaning products, etc. The project’s operational emissions of ROG, NOX, PM10, and PM2.5 were also calculated using the CalEEMod. The results of the analysis indicate that these emissions would not exceed BAAQMD thresholds, as shown in Table 3 below:

Table 3: Operational Emissions
Emission Source
Average Daily Emissions(pounds per
day) a
Total Annual Emissions(tons per year)
ROG NOX PM10 PM2.5 ROG NOX PM10 PM2.5
Area 8.05 0.05 0.03 0.03 1.47 0.01 0.01 0.01
Mobile 1.10 5.59 4.00 1.10 0.20 1.02 0.73 0.20
Total 9.15 5.64 4.03 1.13 1.67 1.03 0.74 0.21
BAAQMD Significance 54 54 82 54 10 10 15 10
Thresholds
Significant Impact? No No No No No No No No
NOTES:

Categories defined as follows:

Area = Emissions from landscaping equipment. Emissions were modeled using CalEEMod.

Energy (natural gas) = Emissions from natural gas combustion for space heating and cooking. Emissions were modeled using CalEEMod.

Mobile = Operating emissions from daily vehicle trips. Emissions were estimated outside of CalEEMod using emission factors from EMFAC2017.
a Average daily emissions are calculated by dividing by 365 days per year.

Source: 38478 Cedar Boulevard Project. Air Quality & Greenhouse Gas and Health Risk Assessment, September 2022, ESA The project would also not exceed the BAAQMD screening criteria for local CO impacts as outlined in the project’s Air Quality & Greenhouse Gas and Health Risk Assessment (Appendix 1), and would, therefore, have less than significant impact to localized CO concentrations.

Mitigation Measure
AQ-1. The project’s construction plans shall include the Bay Area Air Quality Management District’s (BAAQMD) Best Management Practices for fugitive dust control that shall be implemented for all construction activities in the project area, as follows:
i. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
ii. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. iii. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. iv. All vehicle speeds on unpaved roads shall be limited to 15 mph. v. All streets, driveways, and sidewalks to be paved shall be completed as soon as possible.

Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

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vi. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). vii. Clear signage shall be provided for construction workers at all access points. viii. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. ix. A publicly visible sign shall be posted with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.

LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED
c. Would the project expose sensitive receptors to substantial pollutant concentrations? California Air Resources Board (CARB) identifies children under 16, the elderly over 65, athletes, and people with cardiovascular and chronic respiratory diseases as sensitive receptors. Locations that may contain a high concentration of these sensitive population groups include residential areas, hospitals, daycare facilities, elder care facilities, elementary schools, and parks.

For cancer risk assessments, children are the most sensitive receptors, since they are more susceptible to cancer causing toxic air contaminants (TACs). Residential locations are assumed to include infants and small children. Development across Cedar Boulevard to the southwest of the project site is predominantly residential. There may also be potential sensitive receptors in the preschool in the same general vicinity of the project site. Impacts related to increased community risk can occur either by introducing a new source of TACs during construction and operation with the potential to adversely affect existing sensitive receptors in the project vicinity.

Construction Impact
The potential for the project to expose sensitive receptors to substantial pollutant concentrations is associated mainly with construction emissions, which involve diesel combustion equipment. Project construction activity would generate dust; construction equipment and associated heavy-duty truck traffic would generate diesel exhaust or diesel particulate matter (DPM), which is a known TAC due to its potential to cause cancer. Nearby sensitive receptors could be exposed to these pollutants as a result of construction activity.

The health risk assessment prepared for the proposed project evaluated potential health effects to nearby sensitive receptors to find the maximally exposed individuals (MEIs) from emissions of DPM and PM2.5 exhaust emissions from heavy construction equipment and trucks, and PM2.5 fugitive road dust from construction activities. The assessment methodology and analysis are described in detail in the report included as Appendix 1.

Results of this assessment indicated that the MEIR is in a single-family residence across Cedar Boulevard to the southwest of the project site (Figure 2, Appendix 1), where the maximum increased cancer risks from construction exceed the respective BAAQMD single-source thresholds (greater than

10.0 per million for cancer risk). The noncancer hazards from construction activities would be below Packet Page 312
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the single-source significance threshold of 1.0. The annual average PM2.5 concentrations would also be below the BAAQMD significance threshold of 0.3 μg/m. Table 4 below summarizes these results.

Table 4: Modeled Maximum Excess Lifetime Cancer Risk, Chronic Hazard Index, and Average Annual PM2.5 Concentrations at the MEIR Location Construction Scenario/
Maximally Exposed Individual Receptor
Cancer Risk
(in 1 million)
Chronic Hazard
Index (unitless)
PM2.5 Concentration
(µg/m3
)
Unmitigated Construction
MEIR (child resident) 22.0 0.03 0.07
Kings Kids Preschool 8.4 0.01 0.03
BAAQMD Significance Threshold 10 1.0 0.3
Exceeds Threshold? Yes No No
Mitigated Construction
MEIR (child resident) 1.2 0.001 0.004
Kings Kids Preschool 0.4 0.0004 0.001
BAAQMD Significance Threshold 10 1.0 0.3
Exceeds Threshold? No No No
Source: 38478 Cedar Boulevard Project. Air Quality & Greenhouse Gas and Health Risk Assessment, September 2022, ESA Table 4 also presents a mitigated cancer risk value modeled with all equipment meeting U.S. EPA Tier 4 Final emissions standards. This mitigated scenario reduces the risks down to approximately 1 in one million, which is well below the BAAQMD threshold of 10 in one million. Therefore, Mitigation Measure AQ 2 is required to reduce the cancer risk from project construction activity to a less than significant level.

Operations Impact
The proposed project being a residential development, would not generate substantial truck traffic or include stationary sources of emissions, such as generators powered by diesel engines. The majority of operational phase emissions from the project would be from gasoline-fueled passenger vehicles, which do not emit substantial amounts of TACs. Additionally, emissions from automobile traffic generated by the proposed project would be spread out over a broad geographical area and not localized because the trips going to and from the project would be dispersed to varied destinations.

Therefore, operation of the proposed project is not expected to be a source of TAC or localized air pollutant emissions.

Cumulative Impact
Consistent with BAAQMD’s CEQA Guidelines, the project’s Health Risk Assessment (HRA) evaluates health risk from cumulative exposure to PM2.5, DPM, and other nearby sources of TACs for the MEIR that include three stationary, permitted automobile repair and body shops within 1,000 feet of the project site and mobile sources of TAC emitting DPM as well as volatile organic compounds in gasoline.

Given that two of the automobile repair shops do not have any health risk values reported by the BAAQMD for cancer risk or PM2.5 concentrations and the third will be demolished prior to the construction of the proposed project, the HRA determines mobile sources as the only exiting sources of cumulative health risk at the MEIR.

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Table 5 below shows both cumulative cancer risk with unmitigated and mitigated construction activity related to the project. As shown, both unmitigated and mitigated cancer risk impacts are below the BAAQMD cumulative cancer risk threshold of 100 per million, and both the unmitigated and mitigated cumulative PM2.5 concentrations are below the BAAQMD cumulative threshold of 0.8 μ/m3. The methodology for this analysis is described in detail in the project’s HRA (Appendix 1).

Table 5: Cumulative Maximum Health Risks for Existing Off-Site MEIR Receptor Type/TAC Source
Lifetime Excess Cancer Risk
(per million)
Annual Average PM2.5 Concentration (µg/m3)
Existing Off-site MEIR
Project Construction,
unmitigated

21.87 0.07
Background Rail 3.40 0.01
Background Major Street 1.25 0.03
Background Highway 24.53 0.43
Total 51.05 0.54
BAAQMD Significance
Thresholds 100 0.8
Exceeds Threshold? No No
Existing Off-site MEIR
Project Construction, mitigated

1.17 0.004
Background Rail 3.40 0.01
Background Major Street 1.25 0.03
Background Highway 24.53 0.43

30.35 0.43
BAAQMD Significance
Thresholds 100 0.8
Exceeds Threshold? No No
Source: 38478 Cedar Boulevard Project. Air Quality & Greenhouse Gas and Health Risk Assessment, September 2022, ESA Mitigation Measure
AQ-2. The project developer and/or its construction contractors shall be required to use off-road diesel construction equipment compliant with U.S. EPA Tier 4 Final non-road engine standards. If Tier 4 Final equipment is unavailable for a portion of the project’s equipment fleet, then prior to the commencement of construction activities, an emissions estimate will be modeled to identify the portion of the fleet that must use Tier 4 Final engines to achieve a cancer risk value below the BAAQMD significance threshold of 10 in one million. The list shall be made available at the construction site and shall be updated when new or replacement construction equipment are brought to the site.

LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED
d. Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
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Operations of the project would not create any significant objectionable odors affecting a substantial number of people due to the residential nature of the proposed use. Nuisance diesel odors impacts could potentially occur to adjacent residences due to the operation of diesel construction equipment on-site during demolition and construction. However, this effect would be localized, sporadic, and short-term in nature and, therefore, less than significant. LESS THAN SIGNIFICANT IMPACT Packet Page 315
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Biological Resources
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Have a substantial adverse effect, either directly or through habitat modifications, on any species
identified as a candidate, sensitive, or special status species in local or regional plans, policies, or
regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
□ ■ □ □
b. Have a substantial adverse effect on any riparian
habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S.

Fish and Wildlife Service?
□ □ □ ■
c. Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to,
marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other
means?
□ □ □ ■
d. Interfere substantially with the movement of any
native resident or migratory fish or wildlife species or with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites?
□ □ □ ■
e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
□ □ ■ □
f. Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat conservation plan?
□ □ □ ■
Biological Resources Setting
The project site is fully developed/disturbed and in an urban area surrounded by existing urban development. The surrounding development comprises of I-880 to the northeast. A public storage facility is located to the northwest of the site with industrial buildings to the southeast. Single-family residential development, two church buildings (Cedars Church) and a pre-school (King Kids Preschool) are located across Cedar Boulevard to the southwest of the site. Existing development on the site itself consists of several commercial buildings and paved areas for circulation and parking for both vehicles brought in for repairs as well as employees and visitors to the site, and vehicle storage on site. The 2013 General Plan Tune Up Draft EIR did not identify any biologic resources on the project site or surrounding area.

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Regulatory Setting
Federal and State
Special Status Species
Individual plant and animal species listed as rare, threatened or endangered under federal and state Endangered Species Acts are considered ‘special-status species.’ Federal and state “endangered species” legislation has provided the United States Fish and Wildlife Service (USFWS) and the California Department of Fish and Wildlife (CDFW) with a mechanism for conserving and protecting plant and animal species of limited distribution and/or low or declining populations.

Permits may be required from both the USFWS and CDFW if activities associated with a proposed project will result in the “take” of a species listed as threatened or endangered. To “take” a listed species, as defined by the State of California, is “to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture or kill said species. “Take” is more broadly defined by the federal Endangered Species Act to include “harm” of a listed species.

In addition to species listed under state and Federal Endangered Species Acts, Subsections15380(b) and (c) of the CEQA Guidelines provide that all potential rare or sensitive species, or habitats capable of supporting rare species, are considered for environmental review per the CEQA Guidelines. These may include plant species of concern in California listed by the California Native Plant Society and CDFW listed “Species of Special Concern.”
Migratory Bird and Birds of Prey Protections
The Federal Migratory Bird Treaty Act (MBTA) prohibits killing, possessing, or trading in migratory birds except in accordance with regulations prescribed by the Secretary of the Interior. This act encompasses whole birds, parts of birds, and bird nests and eggs. Construction disturbance during the breeding season could result in the incidental loss of fertile eggs or nestlings, or otherwise lead to nest abandonment, a violation of the MBTA. Additionally, nesting birds are considered special-status species and are protected by the USFWS. The CDFW also protects migratory and nesting birds under California Fish and Game Code Section3503, 3503.5, and 3800. The CDFW defines taking as causing abandonment and/or loss of reproductive efforts through disturbance.

Sensitive Habitats
Wetland and riparian habitats are considered sensitive habitats under CEQA. They are also afforded protection under applicable federal, state, and local regulations, and are generally subject to regulation, protection, or consideration by the US Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), CDFW, and/or the USFWS under provisions of the Federal Clean Water Act, which is codified in Title 33 of the Code of Federal Regulations (CFR), and State of California Porter-Cologne Water Quality Control Act.

CDFW Stream/Riparian Habitat
Streambeds and banks, as well as associated riparian habitat, are regulated by the CDFW per Fish and Wildlife Code Section 1602. Work within the bed or banks of a stream or the adjacent riparian habitat requires a Streambed Alteration Agreement from the CDFW.

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Local
General Plan
The City’s General Plan contains several Goals, Policies and Actions for protection of biological resources.

These goals, policies and actions are outlined on pg. CS-22 to CS-27 of the General Plan document.

Municipal Code
NMC Chapter 8.16, Preservation of Trees on Private Property, accords protection to any live woody plant having one or more well defined perennial stems with a trunk diameter of six inches or greater, measured at four feet above ground level growing within the City limits on any parcels of land except developed residential parcels of land 10,000 square feet or less in area. A permit from the Public Works Director is required to cut down, destroy, remove or move such trees.

Impact Analysis
a. Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as candidate, sensitive, or special status in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? Currently, the Projectsite is developed with commercial buildings and extensive paving for associated parking and access driveway. Vegetation in and around the site includes grown coniferous trees along Cedar Boulevard in front of the subject property. A few trees or large bushes are also located in the northern portion of the site, and a hedge partially borders the site to the rear in its southern portion.

The existing building would be demolished and existing vegetation inside and in front of the property, including 28 trees (Appendix 2) removed to make way for the proposed project.

The existing trees could provide nesting habitat and their removal could impact migratory birds that may be nesting on these trees, which has the potential to result in a significant impact. To reduce these potential impacts to nesting birds, the project shall be required to implement Mitigation Measure BIO-1.

Mitigation Measure
BIO-1 Should the demolition and construction activities commence during the bird nesting season (February 1 to August 31), a pre-construction nesting bird survey shall be conducted by a qualified biologist no more than 14 days prior to the start of construction activities. Areas within 300 to 500 feet of construction shall be surveyed for active nests. Should active nests be identified, a disturbance-free buffer shall be established based on the needs of the species. The radius of the required buffer zone can vary depending on the species, (i.e., 75-100 feet for passerines and 200-500 feet for raptors), with the dimensions of any required buffer zones to be determined by a qualified biologist in consultation with California Department of Fish and Wildlife (CDFW).

To delineate the buffer zone around the occupied habitat, construction fencing shall be placed at the specified radius from the nest within which no machinery or workers shall intrude. The buffer zone shall be maintained and biological monitoring of active nests shall be conducted by a qualified biologist to ensure that nests are not disturbed and that buffers are appropriate adjusted by a qualified biologist as needed to avoid disturbance. No construction or earth-moving activity shall occur within any established nest protection buffer prior to September 1 unless it is determined by a qualified ornithologist/biologist that the young have fledged (that is, left the nest), have attained Packet Page 318
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sufficient flight skills to avoid project construction zones, that the nesting cycle is otherwise completed or the nest has failed. Should construction activities cease for 14 consecutive days or more within the nesting season, an additional nesting bird survey shall be required prior to resuming construction if any of the existing trees remain on or are adjacent to the site. Results of the preconstruction nesting bird survey shall be submitted to the City of Newark. LESS THAN SIGNIFICANT WITH

MITIGATION INCORPORATED
b. Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? As indicated above, the subject site is extensively developed under existing conditions. It is surrounded by urban development and is adjacent to I-880, which is a heavily traveled corridor by automobiles. There are no creeks or riparian habitat or other sensitive natural community on or in the vicinity of the project site. Therefore, the project will not have any impact in this regard. NO IMPACT
c. Would the project have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? There is no presence of wetlands or other water bodies on or in the vicinity of the project site. NO IMPACT
d. Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
The project site is urban and is surrounded by fences, buildings, and other barriers (e.g. I-880) to the movement of fish and wildlife species. There are no onsite water bodies on the site. There is no evidence of resident or migratory fish or wildlife species, established native resident or migratory wildlife corridors or native wildlife nursey sites on or in the immediate vicinity of the site where the development of the project could interfere with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. NO IMPACT
e. Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
NMC Chapter 8.16 governs the preservation of trees on private property. The City is not aware of any evidence of special status plant and animal species on the project site, and tree removal of trees on the project site with a trunk diameter of six inches or greater, measured at four feet above ground level shall require a permit from the City’s Public Works Director. The grown coniferous trees at the front of the property are in the public right of way of Cedar Boulevard. These trees shall be removed in accordance with the applicable regulations of the Public Works Department and new trees planted as part of improvements associated with the proposed project. The removal of trees in accordance with the provisions of Chapter 8.16 will not result in a conflict with local policies or ordinances. LESS

THAN SIGNIFICANT IMPACT
f. Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Packet Page 319
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Newark is located within the California Public Utilities Commission’s Bay Area Operations and Maintenance (O&M) Habitat Conservation Plan (HCP) area. In 2017, PG&E began implementation of the Bay Area O&M HCP, which covers the nine counties that surround San Francisco Bay: Sonoma, Marin, Napa, Solano, Contra Costa, Alameda, Santa Clara, San Mateo and San Francisco. This plan specifies various land cover types, including urban (non-natural) types. However, the project site and surroundings are characterized by urban development and the City is not aware of any potentially critical habitat for covered species in in the area of the project site. Alameda County is also not within the area of Natural Community Conservation Plans in the state8. NO IMPACT 8 https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=68626&inline, last accessed June 2022 Packet Page 320
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Cultural Resources
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? □ □ □ ■
b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? □ □ ■ □ c. Disturb any human remains, including those interred outside of dedicated cemeteries? □ □ ■ □
Cultural Resources Setting
Cultural resources are defined as prehistoric and historic sites, structures, and districts, or any other physical evidence associated with human activity considered important to a culture, a subculture, or a community for scientific, traditional, religious or any other reason. Cultural resources may be categorized into three groups: historic resources, archaeological resources and Native American resources.

No historic resources in Newark have been placed on the National Register of Historic Places or California Register of Historic Resources. The City of Newark’s Historic Preservation Program developed in 1989, provides a list of 42 buildings in Newark of “historic merit” with ownership, address, and ranking.

Native American cultural resources in western Alameda County are typically found near the Bay shore and adjacent to other seasonal and perennial watercourses. Over 50 archeological sites have been documented along the Bay shore from Richmond to Newark.9 The projectsite, however, is located inland with no presence of watercourses on or in the vicinity of the site.

Regulatory Setting
Federal
The National Historic Preservation Act (NHPA) was passed in 1966 and established the Advisory Council on Historic Preservation (ACHP), State Historic Preservation Offices (SHPO), the National Register of Historic Places (NRHP), and Section 106 review process. The National Register of Historic Places (NRHP), established under the National Historic Preservation Act (NHPA), is a comprehensive inventory of known historic resources throughout the United States. The National Register is administered by the National Park Service and includes buildings, structures, sites, objects, and districts that possess historic, architectural, engineering, archaeological or cultural significance. National Register Bulletin Number 15, How to Apply the National Register Criteria for Evaluation, describes the Criteria for Evaluation as being composed of two factors. First, the property must be “associated with an important historic context,” and second the property must retain integrity of those features necessary to convey its significance. Resources 9 General Plan Tune Up Draft Program EIR, City of Newark, August 13, 2013, pg. 4.4-7, 4.4-6 Packet Page 321
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determined eligible for listing or listed on the NRHP, are afforded protection under Section 106 of the NHPA (as well as under the California Environmental Quality Act).

The National Register identifies four possible context types or criteria, at least one of which must be applicable at the National, State, or local level. As listed under Section 8, “Statement of Significance,” of the National Register of Historic Places Registration Form, these are:
a. Property is associated with events that have made a significant contribution to the broad patterns of our history.
b. Property is associated with the lives of persons significant in our past. c. Property embodies the distinctive characteristics of a type, period, or method of construction or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components lack individual distinction. d. Property has yielded, or is likely to yield, information important to prehistory or history.

Upon determination of a resource’s significance, an evaluation of a potential resource’s integrity should be performed, where integrity is defined as the ability to convey significance. There are seven aspects of integrity including location, design, setting, materials, workmanship, feeling, and association. If a resource is considered significant based on the four criteria provided above and retains integrity, it is eligible for listing on the NRHP. When a cultural resource is added to the NRHP, it is automatically included on the California Register of Historical Resources (CRHR).

State
California Environmental Quality Act
The California Environmental Quality Act (CEQA) specifies that a project may result in a significant impact to the environment if it would cause a substantial adverse change in the significance of a historical resource (CEQA Guidelines Section 15064.5[b]). A substantial adverse change in the significance of a historical resource would occur if a project would result in the demolition or alteration of a historical resource in a manner that adversely impacts the physical characteristics that convey a resources’ significance and that justify its eligibility for listing on the CRHR. For the purposes of CEQA, a resource is considered historically significant if it is:
a. Listed or eligible for listing on the California Register of Historical Resources; b. Listed or eligible for listing on the National Register of Historic Places; c. Included in a local register of historical resources, as defined in an historical resource survey meeting the requirements of Section 5024.1(g) of the Public Resource Code; d. An object, building, structure, site, area, place, record, or manuscript which a lead agency determines to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California, provided the lead agency’s determination is supported by substantial evidence in light of the whole record; e. Meets the criteria for listing on the California Register of Historical Resources (Pub. Res. Code, Section 5024.1, Title 14 CCR, Section 4852).

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California Register of Historical Resources
The California Register of Historical Resources (CRHR) is a guide to cultural resources that must be considered when a government agency undertakes a discretionary action subject to CEQA. The CRHR aids government agencies in identifying, evaluating, and protecting California’s historical resources, and indicates which properties are to be protected from substantial adverse change (Public Resources Code, §5024.1(a)). The significance criteria for determining eligibility under the CRHR is similar to the criteria outlined above for NRHP. The CRHR is administered through the State Office of Historic Preservation (SHPO), which is part of the California State Parks system.

California Historical Building Code
The California Historical Building Code, provided in Part 2.7 of the Health and Safety Code, Division 13, §18950 through §18962 sets forth alternative building regulations and standards to encourage the rehabilitation, preservation, restoration or relocation of historical buildings, structures, and properties determined to have importance to the history, architecture, or culture of an area. The use of the California Historical Building Code is not mandated but provides alternatives to property owners interested in retaining character defining features of their historic resources.

Archaeological Resources and Human Remains
Archaeological, paleontological, and historical sites are protected by state policies and regulations under the California Public Resources Code, California Code of Regulations (Title 14 Section 1427), and California Health and Safety Code. California Public Resources Code §5097.9 - 5097.991 require notification of discoveries of Native American remains and provides for the treatment and disposition of human remains and associated grave goods.

State Law requires that the County Coroner be notified if cultural remains are found on a site. If the Coroner determines the remains are those of Native Americans, the Native American Heritage Commission and a “most likely descendant” must also be notified.

Local
The City’s General Plan includes goals, policies and actions to minimize or avoid impacts to such resources.

These goals, policies, and actions are of the City of Newark And include policies LU-5.1 through LU-5.7 under GOAL LU-5 (Identify, preserve, and maintain historic structures and sites to enhance Newark's sense of place and create living reminders of the city's heritage).

The following discussion pertaining to impacts to cultural resources as a result of the proposed project is partially based on the information presented in the Historic Resource Assessment (HRA), dated June 17, 2022, prepared by Treonorhl for the project.

Impact Analysis
a. Would the project cause a substantial adverse change in the significance of a historical resource as defined in §15064.5?
The buildings on the site were constructed between 1964 and 1986. The 2022 Historic Resource Assessment (Appendix 3) includes an assessment and significance evaluation of the existing development on the site, consistent with the NRHP and CRHR criteria. In summary, the development on the site does not qualify as historic resource as described in the project HRA, June 2022. Therefore, Packet Page 323
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the proposed project would not cause an adverse change in the in the significance of a historical resource as defined in §15064.5. NO IMPACT
b. Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?
The proposed project would involve grading and a possibility exists of an accidental discovery or recognition of archaeological resource; however, the project site is located in an urban area and has been previously disturbed with past development. Mitigation Measure CUL-1, below, would reduce impacts if there is the presence of undiscovered cultural resources associated with past prehistoric human occupation in the vicinity of the Project site. LESS THAN SIGNIFICANT IMPACT Mitigation Measure
CUL-1. During project construction, if historic, archaeological or Native American materials or artifacts are identified, work within 50 foot radius of such find shall cease and the City shall retain the services of a qualified archeologist and/or paleontologist to assess the significance of the find. If such find is determined to be significant by the archeologist and/or paleontologist, a resource protection plan conforming to CEQA §15064.5 shall be prepared by the archeologist and/or paleontologist and approved by the Community Development Director. The plan may include, but would not be limited to, removal of resources and similar actions. Project work may be resumed in compliance with such plan. If human remains are encountered, all ground disturbing activities near or in any area potentially overlying adjacent human remains shall cease, the County Coroner shall be contacted immediately, and the provisions of State law carried out.
c. Would the project disturb any human remains, including those interred outside of dedicated cemeteries?
No evidence available to the City suggests that human remains have been interred within the boundaries of the project site. The project site is located in an urban area and subject to decades of prior development. However, in the event human remains are discovered to be present during ground disturbing activities, the applicant would be subject to the California Health and Safety Code (HSC) §7050.5, which mandates the immediate cessation of ground disturbing activities near or in any area potentially overlying adjacent human remains and contacting the Alameda County Coroner. If it is determined by the Coroner that the discovered remains are of Native American descent, the Native American Heritage Commission shall be contacted immediately as required by the above stated permit condition of approval. Compliance with California HSC §7050.5, as required under state law, and performance of actions therein will ensure that in the event of accidental discovery of historically significant remains, all impacts will remain at levels below significance and would be addressed by the Mitigation Measure CUL-1 above. LESS THAN SIGNIFICANT IMPACT Packet Page 324
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Energy
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?
□ □ ■ □
b. Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency? □ □ ■ □
Energy Setting
The State CEQA Guidelines recommend that the discussion of applicable energy impacts focus on whether the project would result in the wasteful, inefficient, or unnecessary consumption of energy. Efficiency projects that incorporate conservation measures to avoid wasteful energy usage facilitate long-term energy planning and avoid the need for unplanned or additional energy capacity.

Energy legislation, policies, and standards adopted by California and local governments are enacted and promulgated for reducing energy consumption and improving efficiency (i.e., reducing wasteful and inefficient use of energy). These include the California Energy Efficiency Standards for Residential and Non-Residential buildings (Green Building Code and Title 24).

The following analysis discusses consistency with legislation, policies, or standards designed to avoid wasteful and inefficient energy usage as the basis for evaluating whether the project would result in a significant impact related to energy resources and conservation.

Regulatory Setting
Renewable Energy Standards
In 2002 under Senate Bill (SB) 1078, California established a Renewable Portfolio Standard program with the goal of increasing the annual percentage of renewable energy in the State’s electricity mix by the equivalent of at least one-percent of sales, with an aggregate total of 20 percent by 2017. The California Public Utilities Commission subsequently accelerated that goal to 2010 for retail sellers of electricity (Public Utilities Code §399.15(b)(1)). Then-Governor Schwarzenegger signed Executive Order S-14-08 in 2008, increasing the target to 33 percent renewable energy by 2020. In September 2009, then-Governor Schwarzenegger continued California’s commitment to the Renewable Portfolio Standard by signing Executive Order S-21- 09, which directs the California Air Resources Board under its AB 32 authority to enact regulations to help the State meet its Renewable Portfolio Standard goal of 33 percent renewable energy by 2020. In September 2010, the California Air Resources Board adopted its Renewable Electricity Standard regulations, which requires all State’s load-serving entities to meet this target.

Senate Bill 350, signed into legislation in October 2015 by then-Governor Jerry Brown, requires retail sellers and publicly-owned utilities to procure 50 percent of their electricity from eligible renewable energy resources by 2030. Signed in 2018, SB 100 revised the goal of the program to achieve the 50 Packet Page 325
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percent renewable resources target by December 31, 2026, and to achieve a 60 percent target by December 31, 2030. SB 100 also established a further goal to have an electric grid that is entirely powered by clean energy by 2045 i.e. zero carbon electricity by 2045. Under the bill, the State cannot increase carbon emissions elsewhere in the western grid or allow resource shuffling to achieve the 100 percent carbon-free electricity target.
2008 Energy Action Plan Update
California adopted the California Energy Action Plan in 2003, followed by the Energy Action Plan II in 2005.

The current plan, the California 2008 Energy Action Plan Update, is California’s principal energy planning and policy document. The updated document examines the state’s ongoing actions in the context of global climate change, describes a coordinated implementation plan for state energy policies, and identifies specific action areas to ensure that California’s energy resources are adequate, affordable, technologically advanced, and environmentally sound. The California 2008 Energy Action Plan Update establishes energy efficiency and demand response (i.e., reduction of customer energy usage during peak periods) as the first-priority actions to address California’s increasing energy demands. Additional priorities include the use of renewable sources of power and distributed generation (i.e., the use of relatively small power plants near or at centers of high demand). To the extent that these actions are unable to satisfy the increasing energy demand and transmission capacity needs, clean and efficient fossil-fired generation is supported. The California 2008 Energy Action Plan Update examines policy changes in the areas of energy efficiency, demand response, renewable energy, electricity reliability and infrastructure, electricity market structure, natural gas supply and infrastructure, research and development, and climate change.

Building Codes
Energy conservation standards for new residential and nonresidential buildings were adopted by the California Energy Resources Conservation and Development Commission (now the California Energy Commission (CEC)) in June 1977 and are updated every three years (Title 24, Part 6, of the California Code of Regulations). Title 24 requires the design of building shells and building components to conserve energy. The standards are updated periodically to allow for consideration and possible incorporation of new energy efficiency technologies and methods. On May 9, 2018, the CEC adopted the 2019 Building Energy Efficiency Standards, which took effect on January 1, 2020, and is the current building code.

The 2019 Standards improve upon the previous 2016 Standards. Under the 2019 Title 24 standards, residential buildings are expected to be about 7 percent more energy efficient, and when the required rooftop solar is factored in for low-rise residential construction, residential buildings that meet 2019 Title 24 standards would use about 53 percent less energy than those built to meet the 2016 standards.

Nonresidential buildings will use about 30 percent less energy than those built to meet the 2016 standards.

The proposed 2022 Energy Code update improves upon the 2019 Standards with the goal of 100 percent clean electricity and carbon neutrality by midcentury, or earlier, and focuses on four key areas in new construction of homes and businesses:

1. Encouraging electric heat pump technology and use

2. Establishing electric-ready requirements when natural gas is installed

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4. Strengthening ventilation standards to improve indoor air quality.

The California Green Building Standards Code (California Code of Regulations, Title 24, Part 11), commonly referred to as the CALGreen Code, is a statewide mandatory construction code that was developed and adopted by the California Building Standards Commission and the California Department of Housing and Community Development. CALGreen standards require new residential and commercial buildings to comply with mandatory measures under five topical areas: planning and design; energy efficiency; water efficiency and conservation; material conservation and resource efficiency; and environmental quality.

CALGreen also provides voluntary measures (CALGreen Tier 1 and Tier 2) that local governments may adopt which encourage or require additional measures in the five green building topics. The current CALGreen Code was adopted in 2019 and took effect on January 1, 2020. The 2022 CALGreen Code will take effect in January 2023.

Impact Analysis
a. Would the project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? The proposed project would be considered to result in wasteful, inefficient or unnecessary consumption of energy if it failed to comply with applicable regulations/policies and failed to incorporate applicable, feasible energy demand reduction/efficiency measures.

During construction, energy use would occur from the use and transport of construction equipment, delivery vehicles, haul trucks, and construction worker vehicles that would rely on petroleum fuels (e.g., diesel fuel and/or gasoline). There are no unusual project characteristics, which would require the use of construction equipment that would be less energy efficient than those commonly used for the construction of similar facilities. As such, it is not anticipated that the project would result in the need for additional capacity or increased peak-period demands for electricity during construction.

Therefore, the project is not anticipated to result in wasteful, inefficient, or unnecessary consumption of energy resources during project construction.

The project, when constructed, would be subject to energy conservation requirements in the applicable California Energy Code (Title 24, Part 6, of the California Code of Regulations, California’s Energy Efficiency Standards for Residential and Nonresidential Buildings) and CALGreen (Title 24, Part 11 of the California Code of Regulations). In that the project would be required to comply with the California Energy Code and CALGreen, it is not anticipated to result in wasteful, inefficient or unnecessary consumption of energy resources. Additionally, the project would be developed on an infill housing site identified as Opportunity Site “G” in the City of Newark Housing Element Update, 2015. Infill development is a strategy identified in the 2015 Housing Element to promote energy conservation. Therefore, the project is not anticipated to have a significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation. LESS THAN SIGNIFICANT IMPACT
b. Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
As discussed above, the proposed project would be required to comply with energy conservation requirements in the California Energy Code (Title 24, Part 6, of the California Code of Regulations, California’s Energy Efficiency Standards for Residential and Nonresidential Buildings) and CALGreen Packet Page 327
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(Title 24, Part 11 of the California Code of Regulations. These requirements implement State energy plans.

The City of Newark’s January 2010 Climate Action Plan (CAP), provides an initial framework can be regarded as the local plan for energy efficiency. The CAP does not incorporate any requirements but sets forth recommended action items where the overall plan for Residential Community action is to outreach, encourage and provide incentives, when possible, for accomplishing energy efficiency in residential buildings. The action items in the CAP are consistent with the goals of Title 24, which would be required to be implemented in the development of the project. As a result, the project would not conflict with or obstruct the City’s CAP. LESS THAN SIGNIFICANT IMPACT Packet Page 328
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Geology and Soils
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury, or death involving:

1. Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on
other substantial evidence of a known fault?
Refer to Division of Mines and Geology
Special Publication 42.
□ □ ■ □

2. Strong seismic ground shaking? □ ■ □ □

3. Seismic-related ground failure, including
liquefaction? □ ■ □ □

4. Landslides? □ □ ■ □
b. Result in substantial soil erosion or loss of topsoil? □ □ ■ □ c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project,
and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
□ ■ □ □
d. Be located on expansive soil, as defined in Table 18-1- B of the Uniform Building Code (1994), creating
substantial direct or indirect risks to life or property? □ ■ □ □
e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal
systems where sewers are not available for the
disposal of wastewater?
□ □ □ ■
f. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? □ □ ■ □
Geology and Soils Setting
Regional and Site Geology
The project site is in the San Francisco Bay area, which is one of the most seismically active regions in the country because of its proximity to the San Andreas fault system. The major active faults in the area are the Hayward, Calaveras, and San Andreas faults with the former two located to the northeast and the San Andreas fault located to the southwest of the project site. San Gregorio fault is also located in the area further away to the southwest of the site. However, the site is not within an Earthquake Fault Zone, as Packet Page 329
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defined by the Alquist-Priolo Earthquake Fault Zoning Act10, and no known active or potentially active faults exist on the site.

Subsurface Conditions
To determine subsurface conditions of the site as part of a geotechnical subsurface exploration program, eight exploratory drill holes (DH-1 through DH-8) and three core penetration test (CPT) probes (CPT-1 through CPT-3), in locations shown in Figure-1 of the project’s geotechnical report (Appendix 4). A majority of the site includes a pavement section consisting of roughly 2 to 3 inches of asphalt concrete over roughly 4 to 6 inches of base rock at ground surface. Subsurface conditions between the exploratory drill holes and CPT probes are relatively varied. In general, stiff to very stiff and hard clay soils of intermediate plasticity underlain by sandy and sandy clay soils were encountered in exploratory borings; silty clay to clay underlain by silty sand to sandy silt followed by silty clay to clay comprises the interpreted soil behavior types in the CPT. Ground water was encountered at a depth of 10-11 feet below ground surface (bgs). As outlined in the project’s geotechnical report, historically high groundwater level at the site has been approximately 10 feet bgs.

Seismic Hazards
Fault Rupture
Fault rupture occurs when the ground surface fractures as a result of fault movement during an earthquake and almost always follows preexisting fault traces, which are zones of weakness. The proximity to faults can result in strong seismic ground shaking.

Ground Shaking
Ground shaking on the site would result from seismic activity at the San Andreas, Calaveras, Hayward and San Gregorio faults. Shaking intensity at the site will depend on the characteristics of the generating fault, distance to the earthquake epicenter, and magnitude and duration of the earthquake. Strong to very strong ground shaking could be felt at the site during a large earthquake from one of the nearby faults.

Liquefaction
Liquefaction is a phenomenon in which saturated granular soils and certain fine-grained soils lose their strength due to the build-up of excess pore water pressure during cyclic loading, such as from strong ground shaking during earthquakes. Soil with loose to medium dense sand and gravel, low-plasticity silt, and low plasticity clay deposits are susceptible to liquefaction. As such, the primary factors affecting soil liquefaction include: 1) intensity and duration of seismic shaking; 2) soil type; 3) relative density of granular soils; 4) moisture content and plasticity of fine-grained soils; 5) overburden pressure; and 6) depth to ground water.

The effects of liquefaction include lateral spreading, differential settlement, and loss of bearing strength.

As indicated in the project’s geotechnical report, the project site is located in a liquefaction hazard zone per California Geological Survey (CGS) Earthquake Zones of Required Investigation. 10 Alquist-Priolo earthquake fault zones are regulatory zones surrounding the surface traces of active faults in California.

Earthquake fault zones were conceived in the Alquist-Priolo Earthquake Fault Zoning Act (Alquist-Priolo Act) with the intent to reduce losses from surface fault rupture.

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Landslides
Landslides may be triggered by earthquakes causing earth and debris flow along slopes. The project site is level and not in proximity to sloping terrain except that the Alameda County Flood Control and Water Conservation District (ACFCWCD) channel is located in close proximity to the site to its southeast. This channel is about 10 feet in depth and lined with Gabion type retaining structures on both banks.

Lateral Spreading
Lateral spreading is a phenomenon where surficial soil is laterally displaced by riding along an underlying liquefied layer in a downslope direction or toward a free face, such as a channel bank. Liquefactioninduced lateral spreading can also occur on mild slopes (flatter than 5%) underlain by loose sands and a shallow groundwater table. If liquefaction occurs, the unsaturated overburden soil can slide as intact blocks over the lower, liquefied deposit, creating fissures and scarps. The potential for lateral spreading in general mirrors the potential for liquefaction, and the depth of the liquefiable soil layers with respect to the creek banks.

As noted above, the project site is in proximity to the Alameda County Flood Control and Water Conservation District (ACFCWCD) channel located off-site to the southeast of the subject site. The top of the western channel bank is about 20 to 25 feet from the eastern property line of the subject project site.

Regulatory Setting
Federal
Earthquake Hazards Reduction Act
The United States Congress passed the Earthquake Hazards Reduction Act in 1977 to reduce the risks to life and property from future earthquakes in the United States through the establishment and maintenance of an effective earthquake hazards reduction program. To accomplish this goal, the act established the National Earthquake Hazards Reduction Program. This program was substantially amended in November 1990 by the National Earthquake Hazards Reduction Program Act, which refined the description of agency responsibilities, program goals, and objectives.

Paleontological Resources Preservation Act
The Federal Paleontological Resources Preservation Act of 2002 codifies the generally accepted practice of limited vertebrate fossil collection and limited collection of other rare and scientifically significant fossils by qualified researchers. Researchers must obtain a permit from the appropriate state or federal agency and agree to donate any materials recovered to recognized public institutions, where they will remain accessible to the public and to other researchers.

State
Alquist-Priolo Earthquake Fault Zoning Act and Seismic Hazards Mapping Act The Alquist-Priolo Earthquake Fault Zoning Act (Pub. Res. Code Division 2, Chapter 7.5, commencing with Section 2621) was passed in 1972 to mitigate the hazard of surface faulting to structures for human occupancy. The Alquist-Priolo Earthquake Fault Zoning Act’s main purpose is to prevent the construction of buildings used for human occupancy on the surface trace of active faults. The legislation only addresses the hazard of surface fault rupture and is not directed toward other earthquake hazards.

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The Seismic Hazards Mapping Act (Pub. Res. Code Division 2, Chapter 7.8, commencing with Section 2690) was passed in 1990 and requires the State Geologist to designate Seismic Hazard Zones. These zones assist cities and counties in fulfilling their responsibilities for protecting the public from the effects of nonsurface fault rupture earthquake hazards such as strong ground shaking, earthquake-induced landslides, liquefaction, or other ground failures.

California and Uniform Building Codes
The California Building Standards Code (California Code of Regulations (CCR), Title 24) is the compilation of building codes adopted by the State. Title 24 incorporates the International Building Code, prepared as a widely accepted model building code by the International Code Council (ICC), and includes necessary California amendments. These amendments include standards for seismic design.

The purpose of the California Building Code is to establish minimum requirements to safeguard public health, safety, and general welfare, including standards for safety to life and property from fire and other hazards attributed to the built environment. Commercial and residential buildings are plan-checked by local city and county building officials for compliance with the California Building Code.

California Public Resources Code
Section 5097 of the Public Resources Code specifies the procedures to be followed in the event of the unexpected discovery of paleontological resources. Section 5097.5 of the Code states that no person shall knowingly and willfully excavate upon, or remove, destroy, injure, or deface any vertebrate paleontological site, including fossilized footprints, inscriptions made by human agency, or any other paleontological feature, situated on public lands, except with the express permission of the public agency having jurisdiction over such lands.

Local
City of Newark Building Code
The City has adopted the 2019 California Building Code by reference and it was amended through NMC Chapter 15.08. New construction or improvements are subject to the Newark Building Department’s review and approval.

City of Newark Grading and Excavation Code
NMC Chapter 15.50 sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspection of grading construction. The City’s Grading and Excavation Code is administered by the City’s Public Works Department.

The discussion below draws upon the information presented in the Geotechnical Study, dated September 8, 2021, prepared by Geo-Logic Associates for the project.

Impact Analysis
a. 1. Would the project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault?
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The project site is not located in an Alquist-Priolo Earthquake Fault Zone. As indicated in the project’s geotechnical study, the closest fault to the project site is the Hayward fault, located approximately

2.5 miles to the northeast of the project site. There are no known active or potentially active faults that traverse the site. Therefore, the project’s geotechnical study concludes that the risk of fault rupture at the site from a known active fault is low. LESS THAN SIGNIFICANT IMPACT a. 2. Would the project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking? As discussed above, Newark is in the San Francisco Bay region, which is one of the most seismically active regions in the United States, because of the region’s proximity to the San Andreas Fault system.

The major active faults in the area are the Hayward, Calaveras, San Andreas and San Gregorio faults.

As indicated above, the Hayward fault is approximately 2.5 miles northeast of the project site.

Therefore, the potential exists for a large earthquake to induce strong to very strong ground shaking at the site during the life of the project. The project’s geotechnical study anticipates that the proposed structures will be subject to at least one severe earthquake (magnitude 7 to 8+), and periodically experience small to moderate magnitude earthquakes. To reduce this potential impact to a level considered less than significant, Mitigation Measure GEO-1 is provided.

Mitigation Measure
GEO-1 . The applicant shall provide evidence that structural considerations for construction on this site include the design parameters listed under CBC Seismic Design Criteria, and recommendations of the project’s Geotechnical Study, dated September 8, 2021, prepared by Geo-Logic Associates dated September 8, 2021, prepared by Geo-Logic Associates, including, but not limited, to recommendations related to grading, drainage, excavation, foundations systems, and compaction specifications shall be implemented. Final grading plan, construction plans, and building plans shall demonstrate that recommendations set forth in the geotechnical reports have been incorporated into the final design of the project and the design of the post-tensioned slab foundations addresses potential settlements from building loads and liquefaction to the satisfaction of the City of Newark City Engineer.

LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED
a. 3. Would the project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving seismic-related ground failure, including liquefaction? As noted previously, the project site is located in a liquefaction hazard zone per California Geological Survey (CGS) Earthquake Zones of Required Investigation. Geotechnical investigation undertaken for the project site indicates there are thin layers of potentially liquefiable soil underlying the site below depths of about 28 feet bgs. The analysis incorporated in the Geotechnical Report indicates that some of the subsurface soils are prone to liquefaction when subject to seismic shaking. The estimated liquefaction-induced total ground settlements are on the order of 1½ to 2¼ inches. The potential differential settlements would be on the order of 1 inch. To reduce this potential impact to less than significant level, the project’s geotechnical study indicates that the post-tensioned slab foundations recommended for the project can be designed to accommodate the potential settlements from building loads and liquefaction. Mitigation Measure GEO-1 would reduce this impact to a less than significant level.

LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED
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a. 4. Would the project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving landslides? The project is located in a level area of the City and is not adjacent to any hillside areas. The project’s geotechnical study performed a static and pseudo-static slope stability analysis to evaluate the stability of the ACFCWCD channel approximately 20-25 feet from the southeastern boundary of the project site. The analysis, detailed in the geotechnical study (Appendix 4) concluded that the potential for lateral spreading to affect the project site is low. Therefore, the exposure of people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving landslides is less than significant. LESS THAN SIGNIFICANT IMPACT
b. Would the project result in substantial soil erosion or loss of topsoil? Development of the proposed project will require site preparation and grading activities that will potentially result in soil erosion or the loss of topsoil if not properly controlled. However, ground disturbing activities on the project site will be expected to be carried out in accordance with the City of Newark “Grading and Excavation” regulations (NMC Chapter 15.50), administered by the City’s Public Works Department. The project’s grading and drainage plans shall be expected to demonstrate compliance with NMC Chapter 15.50 because of which the soil erosion or loss of topsoil impacts as a result of the project would be less than significant. LESS THAN SIGNIFICANT IMPACT c. Would the project be located on a geologic unit or that would become unstable as a result of the project, and potentially result in on or offsite landslide, lateral spreading, subsidence, liquefaction, or collapse?
The project’s geotechnical study indicates the subsurface soils at the project site can be generalized as alluvium. As discussed in section a, there is a potential for liquefaction when the site is subjected to seismic shaking with the estimated liquefaction-induced total ground settlements being on the order of 1½ to 2¼ inches. Per the project’s geotechnical study, the post-tensioned slab foundations of proposed structures can be designed to accommodate the potential settlements from building loads and liquefaction. With implementation of Mitigation Measure GEO-1 the proposed project would result in less than significant impact with respect to on or offsite landslide, lateral spreading, subsidence, liquefaction, or collapse as a result of its development. LESS THAN SIGNIFICANT WITH

MITIGATION INCORPORATED
d. Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? The near surface soil on the project site has intermediate plasticity that generally corresponds to moderate to high expansion potential. The project site is anticipated to be moderately expansive.

Expansive near-surface soil is subject to volume changes during seasonal fluctuations in moisture content. These volume changes can cause movement and cracking of foundations, slabs, and pavements. However, construction would occur pursuant to Mitigation Measure GEO-1, which require implementation of the recommendations in the geotechnical study for the project that would reduce the impact related to expansive soils to a less than significant level. LESS THAN SIGNIFICANT WITH

MITIGATION INCORPORATED
e. Would the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Packet Page 334
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No onsite septic tanks or alternative wastewater treatment facilities are proposed as part of the project. NO IMPACT
f. Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Paleontological resources (fossils) are the remains of prehistoric plant and animal life and do not include of human remains or artifacts. The potential for fossil remains at a location can be predicted based on whether previous fossil finds have been made in the vicinity, and the age of the geologic formations.

The City of Newark is located within a westward sloping alluvial plane and is underlain by Holocene flood basin deposits and Holocene Bay mud, which are considered as too recent to qualify as fossils in a strict sense by many paleontologists.11 The project site is developed and previously disturbed.

Given the lack of paleontological resource discoveries in the City and the age of recent subsurface soils, it is unlikely that the project construction activities would directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. LESS THAN SIGNIFICANT IMPACT 11 General Plan Tune Up Draft Program EIR, City of Newark, August 13, 2013, pg.4-4.5 Packet Page 335
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Climate Change and Greenhouse Gas Emissions
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the
environment?
□ □ ■ □
b. Conflict with any applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of
greenhouse gases?
□ □ ■ □
Climate Change and Greenhouse Gas (GHG) Emissions Setting Climate change is the increase in the average temperature of the Earth’s atmosphere and oceans along with other substantial changes in climate (such as wind patterns, precipitation, and storms) over an extended period of time. Changing climatic conditions pose several potentially adverse impacts including sea level rise, increased risk of wildfires, degraded ecological systems, deteriorated public health, and decreased water supplies.

Climate change is the result of numerous, cumulative sources of GHGs, gases that trap heat in the atmosphere, analogous to the way in which a greenhouse retains heat. Common GHGs include water vapor, carbon dioxide (CO2), methane (CH4), nitrous oxides (N2O), fluorinated gases, and ozone. GHGs are generated from natural geological and biological processes and through human activities including the combustion of fossil fuels and industrial and agricultural processes. Four main greenhouse gases that are emitted by human activities at the global scale are as follows:
• Carbon dioxide (CO2): Carbon dioxide enters the atmosphere through burning fossil fuels (coal, natural gas, and oil), solid waste, trees and other biological materials, and also as a result of certain chemical reactions (e.g., manufacture of cement). Carbon dioxide is removed from the atmosphere (or "sequestered") when it is absorbed by plants as part of the biological carbon cycle. • Methane (CH4): Methane is emitted during the production and transport of coal, natural gas, and oil.

Methane emissions also result from livestock and other agricultural practices, land use and by the decay of organic waste in municipal solid waste landfills. • Nitrous oxide (N2O): Nitrous oxide is emitted during agricultural, land use, industrial activities, combustion of fossil fuels and solid waste, as well as during treatment of wastewater. • Fluorinated gases: Hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and nitrogen trifluoride are synthetic, powerful, fluorinated greenhouse gases that are emitted from a variety of industrial processes. Fluorinated gases are sometimes used as substitutes for stratospheric ozonedepleting substances (e.g., chlorofluorocarbons, hydrochlorofluorocarbons, and halons). These gases are typically emitted in smaller quantities, but because they are potent greenhouse gases, they are sometimes referred to as High Global Warming Potential gases ("High GWP gases"). These gases have greater heat absorption potential that CO2.

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CO2 is the primary greenhouse gas emitted through human activities. While it is naturally present in the atmosphere as part of the Earth's carbon cycle (the natural circulation of carbon among the atmosphere, oceans, soil, plants, and animals), human activities are altering the carbon cycle both by adding more CO2 to the atmosphere, and by influencing the ability of natural sinks, like forests and soils, to remove and store CO2 from the atmosphere.

In 2019, CO2 accounted for about 80 percent of all greenhouse gas emissions from human activities in the United States. The main sources of CO2 emissions in the United States are from fossil fuel combustion in transportation, electricity generation, and industrial processes.

Regulatory Setting
Federal
The U.S. EPA has the authority to regulate motor-vehicle greenhouse gas (GHG) emissions under the federal Clean Air Act (CAA), pursuant to the ruling established by the U.S. Supreme Court in Massachusetts et al. v. Environmental Protection Agency et al. ([2007] 549 U.S. 05-1120). In October 2012, following the Supreme Court ruling, the U.S. EPA issued a Final Rule for mandatory reporting of GHG emissions. This Final Rule applies to fossil fuel suppliers, industrial gas suppliers, direct GHG emitters, and manufacturers of heavy-duty and off-road vehicles and vehicle engines, and requires annual reporting of emissions.

In 2012, the U.S. EPA issued a Final Rule establishing the GHG permitting thresholds that determine when Clean Air Act permits under the New Source Review Prevention of Significant Deterioration (PSD) and Title V Operating Permit programs are required for new and existing industrial facilities. The U.S. EPA may not treat GHGs as an air pollutant for purposes of determining whether a source is a major source required to obtain a PSD or Title V permit, pursuant to the U.S. Supreme Court in Utility Air Regulatory Group v. EPA (134 S. Ct. 2427 [2014]) ruling. The Court also held that PSD permits that are otherwise required (based on emissions of other pollutants) may continue to require limitations on GHG emissions based on the application of Best Available Control Technology (BACT).

The EPA’s Greenhouse Gas Reporting Program (GHGRP) requires reporting of GHG data and other relevant information from large GHG emission sources, fuel and industrial gas suppliers, and CO2 injection sites in the United States. Approximately 8,000 facilities are required to report their emissions annually, and the reported data are made available to the public in October of each year.

State
Executive Order S-3-05
Executive Order S-3-05 was signed by then-Governor Arnold Schwarzenegger on June 1, 2005, with the goal to reduce California's GHG emissions to: (1) 2000 levels by 2010, (2) 1990 levels by 2020 and (3) 80% below the 1990 levels by the year 2050.

Assembly Bill 32
The California legislature passed the California Global Warming Solutions Act in 2006 (Assembly Bill 32), which created a comprehensive, multi-year program to reduce GHG emissions in California. AB 32 required the California Air Resources Board (CARB) to develop a Scoping Plan that describes the approach California will take to reduce GHGs to achieve the goal of reducing emissions to 1990 levels by 2020.

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The Scoping Plan was first approved by the CARB in 2008 and must be updated every five years. The CARB Scoping Plan, 2008, contained California’s main strategies to reduce GHGs from business-as-usual emissions projected in 2020 back down to 1990 levels. The First Update to the Climate Change Scoping Plan was approved by the Board on May 22, 2014. This update built upon the 2008 Scoping Plan, identified next steps for climate action in California, and laid the foundation for establishing a broad framework for continued emission reductions beyond 2020, on the path to 80 percent below 1990 levels by 2050.

Senate Bill 32
In 2016, the Legislature passed Senate Bill (SB) 32, which codifies a 2030 GHG emissions reduction target of 40 percent below 1990 levels. With SB 32, the Legislature passed companion legislation in AB 197, which provides additional direction for developing the Scoping Plan.

In November 2017, CARB issued California’s 2017 Climate Change Scoping Plan, which is an update to reflect the enacted SB 32 reduction target and identifies how the State can reach the 2030 climate target to reduce greenhouse gas (GHG) emissions by 40 percent from 1990 levels, as set by Executive Order B 30-15 and codified by SB 32. Key features of this Plan are:
• Cap and Trade program places a firm limit on 80 percent of the State’s emissions; • Achieving a 50-percent Renewable Portfolio Standard by 2030; • Increase energy efficiency in existing buildings;
• Develop fuels with an 18-percent reduction in carbon intensity; • Develop more high-density, transit-oriented housing;
• Develop walkable and bikeable communities;
• Greatly increase the number of electric vehicles on the road and reduce oil demand in half; • Increase zero-emissions transit so that 100 percent of new buses are zero emissions; • Reduce freight-related emissions by transitioning to zero emissions where feasible and near-zero emissions with renewable fuels everywhere else; and
• Reduce “super pollutants” by reducing methane and HFCs by 40 percent.

The 2017 Climate Change Scoping Plan also describes how the State can substantially advance toward the 2050 climate goal to reduce GHG emissions by 80 percent below 1990 levels.

The CARB is currently in the process of developing the 2022 Scoping Plan Update, which will assess progress towards achieving the 2030 goals identified in Senate Bill 32 and will lay a path towards achieve carbon neutrality no later than 2045.

Senate Bill 375
Senate Bill (SB) 375, signed in August 2008, enhances the state’s ability to reach AB 32 goals by directing CARB to develop regional GHG emission reduction targets to be achieved from passenger vehicles for 2020 and 2035. In addition, SB 375 directs each of the state’s 18 major Metropolitan Planning Organizations (MPO) to prepare a “sustainable communities strategy” (SCS) that contains a growth strategy to meet these emission targets for inclusion in the Regional Transportation Plan (RTP). On September 23, 2010, CARB adopted final regional targets for reducing GHG emissions from 2005 levels by 2020 and 2035 to curb GHGs by reducing urban sprawl and vehicle miles traveled.

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Regional
BAAQMD 2017 Clean Air Plan
As described under “Regulatory Setting” of the Air Quality Section, the 2017 Clean Air Plan, adopted by the BAAQMD on April 19, 2017, aims to attain State and Federal AAQS, eliminate disparities among Bay Area communities in cancer health risk from toxic air contaminants, and reduce Bay Area greenhouse gas (GHG) emissions to 40 percent below 1990 levels by 2030 and 80 percent below 1990 levels by 2050. The CAP contains 85 control measures that have been developed for stationary sources, transportation, energy, buildings, agriculture, natural and working lands, waste management, water, and super-GHG pollutants.

BAAQMD 2017 CEQA Air Quality Guidelines
As described under “Regulatory Setting” of the Air Quality Section, these guidelines contain instructions on how to evaluate, measure, and mitigate air quality impacts generated from land development construction and operation activities. The Guidelines focus on criteria air pollutant, GHG, toxic air contaminant, and odor emissions generated from plans or projects, and are intended to help lead agencies navigate through the CEQA process.

GHG impacts are considered to be exclusively cumulative impacts (BAAQMD, 2017b; CAPCOA, 2008) because vast majority of individual projects do not generate sufficient GHG emissions to directly influence climate change, However, physical changes caused by a project can contribute incrementally to cumulative effects that are significant, even if individual changes resulting from a project are limited.

Therefore, assessment of significance is based on a determination of whether the GHG emissions from a project represent a cumulatively considerable12 contribution to the global atmosphere.

The 2017 CEQA Guidelines include Thresholds of Significance where a project that would generate GHG emissions above the threshold level, would be considered to contribute substantially to a cumulative impact, and would be considered significant. The project level thresholds of significance for GHGs as incorporated in the current version of the CEQA guidelines are as follows:

Table 6: CEQA Thresholds of Significance for Greenhouse Gas Emissions, 2017 CEQA Guidelines
Pollutant Construction Related Operational-Relateda
GHGs – Projects Other Than
Stationary Sources
None Compliance with Qualified GHG Reduction
Strategy
OR
1,110 MT of CO2e/yr
OR

4.6 MT CO2e/SP/yr (residents+employees)
GHGs – Stationary Sources None 10,000 MT/yr
The quantitative operational related thresholds are 2020 mass emissions thresholds that must be interpolated and adjusted for 40 percent reduction to meet SB 32 - 2030 horizon year target year based on CARB’s California’s 2017 Climate Change Scoping Plan.

Source: BAAQMD, 2017
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BAAQMD released its Justification Report CEQA Thresholds for Evaluating the Significance of Climate Impacts from Land Use Projects and Plans (BAAQMD Justification Report) in April 2022. The BAAQMD Justification Report presents updates to the CEQA GHG thresholds from the 2017 CEQA Guidelines, which were not consistent with the statewide GHG target established by SB 32. The GHG thresholds of significance were updated to consider newer state reduction targets and plans for eventual carbon neutrality by 2045. The updated thresholds emphasize: (1) Avoiding wasting electricity and developing fossil fuel infrastructure in new buildings that will be in place for decades and thus conflict with carbon neutrality by 2045, (2) Compliance with CALGreen Tier 2 electric vehicle requirements and per capita VMT reductions consistent with SB 743, and (3) Consistency with a qualified greenhouse reduction strategy (also known as a Climate Action Plan).

BAAQMD’s new GHG thresholds of significance replace the 2017 thresholds for use in determining whether a proposed project will have a significant impact on climate change. These thresholds are contained in Table 7 below.

Table 7: CEQA Thresholds of Significance for Greenhouse Gas Emissions, Adopted April 2022 Thresholdsfor Land Use Projects (Must Include A or B)
A. Projects must include, at a minimum, the following project design elements:

1. Buildings
a. The project will not include natural gas appliances or natural gas plumbing (in both residential and nonresidential development).
b. The project will not result in any wasteful, inefficient, or unnecessary energy usage as determined by the analysisrequired under CEQA Section 21100(b)(3) and Section 15126.2(b) of the State CEQA Guidelines.

2. Transportation
a. Achieve a reduction in project-generated vehicle miles traveled (VMT) below the regional average consistent with the current version of the California Climate Change Scoping Plan (currently 15 percent) or meet a locally adopted Senate Bill 743 VMT target, reflecting the recommendations provided in the Governor’s Office of Planning and Research’s Technical Advisory on Evaluating Transportation Impacts in CEQA:
i. Residential projects: 15 percent below the existing VMT per capita ii. Office projects: 15 percent below the existing VMT per employee iii. Retail projects: No net increase in existing VMT
b. Achieve compliance with off-street electric vehicle requirements in the most recently adopted version of CALGreen Tier 2.

B. Be consistent with a local GHG reduction strategy that meets the criteria under State CEQA Guidelines Section 15183.5(b).

Source: Bay Area Air Quality Management District CEQA Thresholds Justification Report April 2022 BAAQMD has yet to update the CEQA guidelines (May, 2017) for applying these thresholds of significance and is currently in that process. Additionally, there is no proposed construction-related climate impact threshold at this time.

Local
The City of Newark’s Climate Action Plan (CAP) helps to identify and evaluate feasible and effective policies to reduce GHG emissions through a combination of public and private sector policies and programs. The CAP is consistent with the goals and policies in the General Plan and reinforces the principle of Packet Page 340
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sustainability which underlies the General Plan. The City adopted the CAP in January 2010 with guidelines of reaching:
• A 5 % reduction from 2005 Municipal emissions levels by July 2012, • A 5% reduction in City and Community emissions by July 2015, and • A community-wide target of a 15% decrease from 2005 levels by 2020, which matches the State’s goals.

However, as noted above, the City of Newark CAP sets a regional target for the year 2020. The proposed project buildout would occur after 2020, rendering the CAP inadequate for CEQA tiering because it does not have a planning horizon that extends to the proposed project’s buildout date.

A report titled “Air Quality analysis, Air Quality, Greenhouse Gas and Health Risk Assessment”, dated September 2022, was prepared by ESA (Appendix A) for the project. The discussion below is partially based on the analysis presented in this report. However, the report includes an analysis of the greenhouse gas (GHG) impacts from the project, based on CEQA Thresholds of Significance for Greenhouse Gas Emissions incorporated in the 2017 BAAQMD CEQA Guidelines. Since environmental review on this project commenced after the adoption of the April 2022 CEQA thresholds of significance, those are the thresholds considered for project operations in the following discussion.

Impact Analysis
a. Would the project generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment?
GHG emissions associated with development of the proposed project would occur over the long-term during the project’s operation as well as over the short term from construction activities, consisting primarily of emissions from equipment exhaust, and worker and vendor automobile trips.

Operational Emissions
As indicated in “Regulatory Setting” BAAQMD adopted CEQA thresholds in September 2022 that are outlined above, the proposed project would meet threshold option A for the following reasons: The proposed project would not include natural gas appliances or plumbing. The project will not result in any wasteful, inefficient, or unnecessary energy usage as discussed under the “Energy” section of this study. The proposed project would include electric vehicle (EV) hookups consistent with CALGreen Tier 2, and the average annual VMT calculated using CalEEMod defaults is 2,319,459. Based on the analysis incorporated in the project’s Traffic Impact Assessment (TIA), the project VMT would be 18.1 percent lower than the baseline, that being the average daily VMT for the City of Newark under existing conditions.

Construction Emissions
Neither the City nor BAAQMD have an adopted threshold of significance for construction related GHG emissions. However, BAAQMD recommends quantifying emissions and disclosing that GHG emissions would occur during construction. BAAQMD also encourages the incorporation of best management practices to reduce GHG emissions during construction where feasible and applicable. Many of the air quality-related mitigation measures can also reduce GHG emissions.

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life after completion of construction. The amortized emissions were added to the project’s operational emissions13 estimated using CalEEMod for comparison to 2017 CEQA thresholds of significance for GHG emissions. Table 8 below presents these GHG emissions estimates. As shown in the table, the project’s GHG emissions do not exceed the BAAQMD GHG efficiency thresholds.

Table 8: Project Greenhouse Gas Emissions
Source
Emissions,
metric tons of CO2e per year
Project construction emissions (amortized) 40.11
Project operations2 935.4
Total project GHG emissions (construction and operation) 975.5 Project service population (number of residents) 371
Emissions perservice population 2.63
Adjusted BAAQMD GHG efficiency threshold 2.76
Exceeds threshold? No
NOTES:

Total CO2e emissions from construction total 1,201.45 metric tons over the four years of construction. The amortized emissions represent the total divided by 30 years.

Project operational emissions do nottake into accountreduction in electricity usage from the solar panels on Project residences. Actual emissions would be lower.

Source: 38478 Cedar Boulevard Project. Air Quality & Greenhouse Gas and Health Risk Assessment, September 2022, ESA Additionally, the best management practices described in Mitigation Measure AQ-1 in “Air Quality” would serve to reduce GHG emissions during construction. LESS THAN SIGNIFICANT IMPACT b. Would the project conflict with any applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
The proposed project would not conflict or otherwise interfere with the statewide GHG reduction measures identified in CARB’s Scoping Plan, which are enumerated in the “Regulatory Setting” discussion above. The project would not result in the wasteful, inefficient, or unnecessary energy usage. For example, the project would be constructed in conformance with CALGreen and the Title 24 Building Code (which requires high efficiency water fixtures and water-efficient irrigation systems).

In addition, air quality mitigation measures require the use of electric equipment for project construction to the maximum extent feasible. Finally, the project would be a walkable community given the proposed pedestrian circulation network and would also be subject to local policies that may affect emissions of greenhouse gases. LESS THAN SIGNIFICANT IMPACT 13 Operational emissions include GHG emissions from motor vehicle trips, grid electricity usage, solid waste, and other sources (including area sources, natural gas combustion, and water/wastewater conveyance Packet Page 342
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Hazards and Hazardous Materials
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
□ □ ■ □
b. Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
□ □ ■ □
c. Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
□ □ ■ □
d. Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code 65962.5 and, as a result, would it
create a significant hazard to the public or the
environment?
□ ■ □ □
e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
□ □ □ ■
f. Impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?
□ □ □ ■
g. Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or death involving wildland fires?
□ □ □ ■
Hazards and Hazardous Materials Setting
The Phase I Environmental Assessment, dated June 20, 2022, prepared by Ramboll US Consulting, Inc. (Appendix 5) identifies the project site historically as an open field reportedly used for livestock grazing until the Freitas Family, the current owners of the subject site, purchased it in 1959. Gradually over the next three decades, the subject site was developed with the current buildings. Various businesses including a paving company, automobile body and mechanical repair companies, and trucking companies have occupied the subject site.

The project site currently contains six warehouses occupied by various businesses, two garage structures used for the maintenance of trucks and construction equipment, and a small, one-story building, which is used as an office. The warehouse structures on the project site are surrounded by asphalt paved driveways while the garage structures are surrounded by asphalt and compacted gravel.

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The project’s Phase I Environmental Assessment identifies “Recognized Environmental Conditions” (RECs), which are defined in the ASTM Standard as: “The presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment.” As noted in the Phase I ESA, RECs do not include de minimis conditions, which are defined as property conditions that do not pose a threat to human health or the environment, and are not subject to enforcement actions by a regulatory agency.

The Phase I ESA analysis is based on a reconnaissance of the project site that included an inspection of the interior and exterior of existing structures, property grounds, and operational areas of the property, review of government databases and previous site investigations, and interviews with the site owner, familiar with current and historical use of the property. The Phase I ESA divides the project site into three areas for the purposes of the investigation, as shown in Figure 1, included in Appendix 5 and reproduced below.

Figure 5: Hazards and Hazardous Waste: Site Layout
Source: Phase I Environmental Assessment, June 20, 2022, Ramboll US Consulting Inc.

Based on the Phase I ESA investigations, two area on the project site warrant discussion as described below:
38288 Cedar Boulevard: This address belongs to the property/building in the northwestern most portion of the project site. In April 1989, Environmental Bio-Systems, Inc. (EBS) removed 2,000-gallon gasoline and 1,000-gallon gasoline underground storage tanks (USTs) from an area south of the garage structure at this address. The USTs were removed under the oversight of the City of Newark Hazardous Materials Bureau. Remediation was conducted on site thereafter. In 2004, Alameda County Water District (ACWD) initiated a Leaking Underground Fuel Tank (LUFT) case, ACWD for this location and requested quarterly reports to investigate and remediate soil and groundwater. Additional subsurface sampling was conducted by Ramboll US Consulting, Inc. (Ramboll) at the site between 2015 and 2021 and Ramboll samples soil vapor wells. This portion of the project site is in the process of obtaining case closure. On June 2, 2022, ACWD issued a letter stating that case closure will be issued once two monitoring wells (MW-8 and MW-9) are destroyed and a final Case Closure Summary documenting the monitoring well Packet Page 344
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destructions is submitted to the San Francisco Regional Water Quality Control Board (SFRWQCB) for review and approval. As per the applicant, the case closure is expected in November-December of 2022. 38370 Cedar Boulevard: . This address identifies the location immediately adjacent to the southwest of 38288 Cedar Boulevard. In February 1989, EBS removed one 8,000-gallon diesel UST, one 5,000-gallon diesel UST, three 1,000-gallon gasoline USTs, and one 550-gallon gasoline UST from an area west of the garage structure at 38370 Cedar Boulevard. This address identifies the location immediately adjacent to the southeast of 38288 Cedar Boulevard. In 1999, ACWD initiated a LUFT Case for 38370 Cedar Boulevard, requesting quarterly reports to investigate and remediate soil and groundwater contamination.

Subsurface investigations and monitoring thereafter confirm that the impacts from the former USTs to groundwater at 38370 Cedar Boulevard is limited primarily to the former UST area and no migration has occurred since groundwater monitoring activities began in 1989. Only the upper shallow aquifer has been impacted and the lateral extent is limited to an approximately 2,500-square feet area, as shown in red on Figure 5. Groundwater remediation for this area is currently being implemented.

Regulatory Setting
The California Department of Toxic Substances Control (DTSC) defines a hazardous material as: “a substance or combination of substances that, because of its quantity, concentration or physical, chemical, or infectious characteristics, may either: 1) cause, or significantly contribute to an increase in mortality or an increase in serious, irreversible, or incapacitating illness; or 2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.” Regulations governing the use, management, handling, transportation and disposal of hazardous waste and materials are administered by Federal, State and local governmental agencies, as described below
Federal
Federal agencies charged with regulating hazards and hazardous materials include the United States Environmental Protection Agency (USEPA) that is responsible for implementing laws and regulations to ensure safe production, handling, disposal, and transportation of hazardous materials. The Occupational Safety and Health Administration (OSHA) oversees administration of the Occupational Safety and Health Act and the U.S. Department of Transportation (DOT) has regulatory responsibility for transportation of hazardous materials between states as well as to foreign countries.

Resource Conservation and Recovery Act
The 1976 Federal Resource Conservation and Recovery Act (RCRA) and the 1984 RCRA amendments give authority to the EPA to control and regulate the generation, transportation, treatment, storage, and disposal of hazardous wastes. In addition to regulations for hazardous materials, the RCRA also sets forth regulations for the management of non-hazardous solid wastes.

Occupational and Safety Health Act
The Occupational and Safety Health Act of 1970 was adopted to ensure worker and workplace safety by requiring employers to provide to their employees a place free from recognized health hazards, such as exposure to toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, and unsanitary conditions. The Occupational Safety and Health Administration (OSHA) is a division of the U.S.

Department of Labor that oversees the administration of the act and enforces standards in all 50 states.

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Toxic Substances Control Act
The Toxic Substances Control Act (TSCA) of 1976 provides the EPA with authority to require reporting, record-keeping, testing requirements, and restrictions relating to chemical substances and mixtures. The TSCA addresses the production, importation, use, and disposal of specific chemicals, including PCBs, asbestos, radon, and lead-based paint.

Hazardous Materials Transportation Act
The Hazardous Materials Transportation Act (HMTA) of 1975, as amended, is the basic statute regulating hazardous materials transportation in the United States. The purpose of the law is to provide adequate protection against the risks to life and property inherent in transporting hazardous materials in interstate commerce. This law gives the U.S. DOT and other agencies, such as the California Public Utilities Commission and the California Highway Patrol, the authority to issue and enforce rules and regulations governing the safe transportation of hazardous materials.

State
State agencies charged with regulating hazards and hazardous materials in the State of California include the California Environmental Protection Agency (Cal EPA), which is authorized by the USEPA to enforce and implement certain federal hazardous materials laws and regulations The California Division of Occupational Safety and Health (Cal OSHA) is the responsible agency for ensuring workplace safety. The California Department of Transportation (Caltrans) has the primary responsibility for enforcing federal and State regulations and responding to hazardous materials transportation emergencies. California Highway Patrol is responsible for assuring the safe, convenient, and efficient transportation of people and goods on the state highway system. California Public Utilities Commission (CPUC), which is responsible for overseeing railroad and rail crossing safety and the California Department of Forestry and Fire Protection (CAL FIRE), which provides fire protection services for over 31 million acres of California’s privately-owned wildlands, also known as State Responsibility Areas (SRAs).

California Code of Regulations
The following section includes a discussion of the various titles under the California Code of Regulations (CCR) pertaining to hazards and hazardous materials.

Title 3 pertains to the application of pesticides and related chemicals. Parties applying regulated substances must continuously evaluate application equipment, weather, treated lands, and all surrounding properties. Title 3 prohibits any application that would:
• Contaminate persons not involved in the application
• Damage non-target crops or animals or any other public or private property • Contaminate public or private property or create health hazards on said property Title 8 establishes Cal OSHA requirements for public and worker protection and includes topics related to materials exposure limits, equipment requirements, protective clothing, hazardous materials, and accident prevention. Title 8 also sets forth construction safety and exposure standards for lead and asbestos as well as fire suppression service standards ranging from fire hose size requirements to the design of emergency access roads.

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Title 14 establishes minimum standards for solid waste handling and disposal and a variety of regulations related to wildfire preparedness, prevention, and response.

Title 17 establishes regulations for the use and disturbance of materials containing naturally occurring asbestos.

Title 19 establishes a variety of emergency fire response, fire prevention, construction, and construction materials standards.

Title 22 sets forth definitions of hazardous and special waste, identifies hazardous waste criteria, and establishes regulations pertaining to the storage, transport, and disposal of hazardous waste. Title 22 was created to regulate hazardous wastes generated by factories or similar sources, however, contaminated soil excavated during construction may also be regulated under this Title.

Title 26 is a compilation of state regulations pertaining to hazardous materials and waste that are presented in other regulatory sections. Title 26 mandates specific management criteria related to hazardous materials identification, packaging, and disposal. In addition, Title 26 establishes requirements for hazardous materials transport, containment, treatment, and disposal. Staff training standards are also set forth in Title 26.

Title 27 sets forth a variety of regulations relating to the construction, operation, and maintenance of the state’s landfills, and establishes a landfill classification system and categories of waste. Each class of landfill is constructed to contain specific types of waste (household, inert, special, and hazardous).

California Health and Safety Code
Division 20, Chapter 6.95 of the California Health and Safety Code sets forth the minimum requirements for business emergency plans and chemical inventory reporting. These regulations establish that businesses must provide any required information adopted by the local agency, a site map, emergency response plans and procedures, training program information, and a hazardous material chemical inventory disclosing hazardous materials stored, used, or handled onsite. This chapter of the Health and Safety Code establishes criteria for businesses subject to the requirements including, but not limited to, businesses using hazardous materials at or above the established thresholds.

California Fire Code
The California Fire Code (CFC) is Part 9 of Title 24, California Code of Regulations, also referred to as the California Building Standards Code. The CFC incorporates the 2018 International Fire Code of the International Code Council with necessary California amendments. The purpose of the CFC is to establish the minimum requirements consistent with nationally recognized best practices to safeguard the public health, safety, and general welfare from the hazards of fire, explosion, or dangerous conditions in new and existing buildings, structures, and premises, and to provide safety and assistance to fire fighters and emergency responders during emergency operations.

Local
The City’s General Plan incorporates several policies and actions for the protection of Newark residents and workers from the potential adverse effects of hazardous materials. These policies and actions are incorporated on pg. EH-34 to EH-37 of the General Plan and include Policies EH-4.1 through Eh-4.7 under Goal EH-4 (Protect Newark residents and workers from the potential adverse effects of hazardous Packet Page 347
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materials). Action EH-4.J related to these policies and goals, requires a Phase I Environmental Site Assessment when a property is changed from an existing use to a more sensitive use (for example, industrial to residential). If potential hazardous materials issues are identified, their investigation and site cleanup is required to regulatory agency standards prior to development.

The City of Newark is also one of the 17 member agencies of StopWaste, a public agency responsible for reducing waste in Alameda County. A representative of each of the 17 member agencies: the Alameda County, all 14 cities in Alameda County and two sanitary districts, serve on the Alameda County Waste Management Authority Board (ACWMA), which is responsible for the preparation of the Alameda County Countywide Integrated Waste Management Plan (CoIWMP) and Alameda County Hazardous Waste Management Plan, prepared to develop and maintain hazardous waste management policies for the management of hazardous waste in Alameda County.

Discussion of the hazards and hazardous materials impacts of the project that follows is based on the information presented in the Phase I Environmental Site Assessment, dated June 20, 2022, prepared by Ramboll US Consulting, Inc. for the project.

Impact Analysis
a. Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
The proposed project involves the development of 118 residential units, comprising of single family residences and duets on the 7.76 acre site upon demolition of the existing commercial/industrial buildings on the site. The operations of the proposed development would not involve the routine transport, use, or disposal of hazardous waste. Households typically have small amounts of cleaning supplies. These materials do not pose an elevated risk to public health and safety.

Additionally, the City works with StopWaste.org to educate residents about the safe use and storage of household hazardous waste and its rules and regulations for waste disposal. During construction of this building, there would be nominal amounts of hazardous material in the form of fuels and other construction materials, which are routinely used during construction processes. All such material would be handled and disposed of according to all legal requirements. Existing groundwater contamination issues are discussed under section d. LESS THAN SIGNIFICANT IMPACT b. Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
As stated above, the proposed project involves the development of 118 residential units comprised of single family residences and duets, on the 7.76 acre site upon demolition of the existing commercial/industrial building on the site. The operations of the project would not involve release of hazardous materials into the environment through reasonably foreseeable upset and accident conditions. The demolition on site would need to obtain a demolition permit for the removal of existing building on site, which would ensure that any asbestos, PCBs, lead paint and other potentially hazards associated with the building are disposed of properly. LESS THAN SIGNIFICANT IMPACT c. Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within 0.25 mile of an existing or proposed school? Packet Page 348
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The project site is within one-quarter mile of an existing pre-school (King Kids Preschool) located across Cedar Boulevard to the southwest of the site. The nearest school is Birch Grove Primary Elementary School approximately 0.38 mile generally to the south of the project site. The project proposed residential use and its operation will not be a source of hazardous emissions nor handle hazardous or acutely hazardous materials, substances or waste. LESS THAN SIGNIFICANT IMPACT d. Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
The provisions in Government Code Section 65962.5 are commonly referred to as the Cortese List. A property is considered on the Cortese List if it appears on one or more lists or databases maintained by state regulatory agencies, including:
• Department of Toxic Substances Control (DTSC) EnviroStor Database (DTSC 2022) • DTSC List of Hazardous Waste Facilities Subject to Corrective Action (found in Section 25187.5 of the Health and Safety Code)
• State Water Resources Control Board (SWRCB) GeoTracker Database (SWRCB 2022) • SWRCB List of Solid Waste Disposal Sites (SWRCB 2016) • SWRCB List of Active Cease and Desist Orders and Cleanup and Abatement Orders.

Portions of the project site i.e. the properties as described in the “Hazards and Hazardous Materials Setting” above are included on these lists of hazardous materials sites as Leaking Underground Storage (LUST) sites. As a result, the project would create a significant hazard to the public or the environment and Mitigation Measure HAZ-1 is required to reduce this impact to a less than significant level.

Mitigation Measure
HAZ-1 Prior to the issuance of a grading permit, for any lot which overlaps or is within the boundary of the recognized environmental condition (REC) on the site, as validated by the San Francisco Regional Quality Control Board (SFRQCB) and Alameda County Water District (ACWD), the applicant shall provide evidence that demonstrates that the REC has been resolved to the satisfaction of the applicable regulatory agencies for future residential land use.

LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED
e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area?
The project site is not located in an airport land use plan nor is it within two miles of a public airport.

The nearest airport, Hayward Executive Airport is located approximately 11 miles to the north of the Project site. Other area airports include, Palo Alto Airport, which is located approximately 16 miles southwest of the project site and Norman Y. Mineta San Jose International Airport, which is located further away at approximately 15 miles to the south of the Project site. NO IMPACT f. Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
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The City of Newark has adopted two emergency response plans. The "Emergency Operations Plan” is the City’s primary plan which provides operational procedures for responding to a variety of emergency conditions, including earthquakes, flooding, tsunamis, hazardous material incidents, and civil defense conditions. The guidelines included in this plan address the needs of the entire community and identify key responsible agencies and personnel. The “Chemical Emergency Preparedness Supporting Plan” is the City’s second response plan, which establishes standard operating procedures for responding to a chemical spill or hazardous materials incidents within the City.

The proposed project entails the development of single family and duplex residential units on a site designated and planned for residential use in the City’s General Plan and is not altering the existing road network. Therefore, the project would not impair implementation of or physically interfere with the City’s adopted emergency response plan or emergency evacuation plan. Any construction related activity in any public rights of way would require an encroachment permit from the City’s Public Works Department, which would ensure that streets would remain open for emergency access. NO IMPACT g. Would the project expose people or structures to a significant risk of loss, injury or death involving wildland fires?
The project site is in an urbanized area of the City and is not in a wildland fire hazard area. According to State published Fire Hazard Severity Zone Maps, the project site is not located within any wildfire hazard zone. NO IMPACT
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Hydrology and Water Quality
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade
surface or groundwater quality?
□ □ ■ □
b. Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge such
that the project may impede sustainable groundwater
management of the basin?
□ □ ■ □
c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the
course of a stream or river or through the addition of
impervious surfaces, in a manner which would:
i. result in substantial erosion or siltation on- or offsite; □ □ ■ □ ii. substantially increase the rate or amount of surface runoff in a manner which would result in flooding
on- or offsite;
□ □ ■ □
iii. create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted runoff; or
□ □ ■ □
iv. impede or redirect flood flows? □ □ ■ □
d. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to Project inundation? □ □ ■ □ e. Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater
management plan?
□ □ ■ □
Hydrology and Water Quality Setting
The projectsite encompasses a 337,842 square feet (7.76 acre) area, which is almost entirely paved under existing conditions. The project site is relatively flat with drainage patterns characterized by flows in a general southern direction toward Cedar Boulevard from the north. Under existing conditions, storm water at the project site flows along the surface towards Cedar Boulevard along the site’s southwestern boundary where it enters the gutters on Cedar Boulevard that feed into the municipal storm water system.

An engineered flood control channel, owned and operated by the Alameda County Flood Control and Water Conservation District is located adjacent to the southeastern portion of the project site. There are no other water bodies on or in the immediate vicinity of the site. Plummer Creek is located 0.6 mile to the northwest of the subject site. The creek drains to San Francisco Bay, located approximately 4.0 miles southwest of the project site.

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The City of Newark and consequently the project site is underlain by the Niles Cone Groundwater Basin, managed by the Alameda County Water District.

Regulatory Setting
Federal
Clean Water Act
The Clean Water Act (CWA) of 1977, as administered by the United States Environmental Protection Agency (USEPA), seeks to restore and maintain the chemical, physical, and biological integrity of the nation’s waters. The CWA employs a variety of regulatory and non-regulatory tools to reduce direct pollutant discharges into waterways, finance municipal wastewater treatment facilities, and manage polluted runoff. The CWA authorizes the USEPA to implement water-quality regulations. The National Pollutant Discharge Elimination System (NPDES) permit program under Section 402(p) of the CWA controls water pollution by regulating soil erosion and stormwater discharges into the waters of the United States. Under the NPDES program, all facilities that discharge pollutants into waters of the United States are required to obtain a NPDES permit. Requirements for stormwater discharges are also regulated under this program.

Federal Emergency Management Act
The Federal Emergency Management Agency (FEMA) administers the National Flood Insurance Program (NFIP), in which participating agencies must satisfy certain mandated floodplain management criteria. The National Flood Insurance Act of 1968 established a standard that development should be protected from floodwater damage caused by the Intermediate Regional Flood (IRF). The IRF is defined as a flood that has an average frequency of occurrence once every 100 years. The 1968 Act made federally subsidized flood insurance available to property owners if their communities participate in the NFIP. A community establishes its eligibility to participate by:
• Adopting and enforcing floodplain management measures to regulate new construction; and • Ensuring that substantial improvements within Special Flood Hazard Areas (SFHA) are designed to eliminate or minimize future flood damage.

A SFHA is an area within a floodplain having a one percent or greater chance of flood occurrence within any given year. SFHAs are delineated on Flood Insurance Rate Maps (FIRMs) issued by FEMA. The Flood Disaster Protection Act of 1973 and the National Flood Insurance Reform Act of 1994 make flood insurance mandatory for most properties in SFHAs.

State
Porter-Cologne Water Quality Control Act
The Porter-Cologne Water Quality Control Act (Water Code Sections 13000 et seq.), enacted in 1969, provides the legal basis for water quality regulation within California. Any discharge of waste (liquid, solid, or gaseous) to land or surface waters that may impair beneficial uses for surface and/or groundwater of the State requires a “Report of Waste Discharge”. The Act predates the CWA and regulates discharges to waters of the State. Discharges of “waste” are prohibited and are defined more broadly than the CWA.

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Discharges under the Porter-Cologne Act are permitted by waste discharge requirements and may be required even when the discharge is permitted or exempt under the CWA.

State Water Resources Control Board
California has an approved State NPDES program, and the California EPA has delegated authority to issue NPDES permits to the State Water Resource Control Board (SWRCB), in accordance with the PorterCologne Water Quality Act. The SWRCB, through its nine Regional Water Quality Control Boards, carries out the regulation, protection, and administration of water quality in each region.

In 1992, the SWRCB adopted the General Construction Activity Storm Water Permit (GCASWP) which is required for all construction activities where clearing, grading, and excavation will disturb one acre or more of land. The GCASWP requires all dischargers to:
• Eliminate or reduce non-stormwater discharges to storm sewer systems and other waters of the nation;
• Develop and implement a Stormwater Pollution Prevention Plan (SWPPP); and • Perform inspections of stormwater pollution prevention measures (control practices).

The GCASWP authorizes the discharge of stormwater associated with activities from construction sites and prohibits discharge of materials which contain hazardous substances in excess of reportable quantities established at Title 40, Sections 117.3 or 302.4 of the Code of Federal Regulations unless a separate NPDES permit has been issued to regulate those discharges.

The GCASWP requires development and implementation of a Stormwater Pollution Prevention Program (SWPPP), emphasizing Best Management Practices (BMPs), which is defined as “schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States.” The SWPPP has two major objectives:
• To help identify the sources of sediment and other pollutants that affect the quality of stormwater discharges; and
• To describe and ensure the implementation of practices to reduce sediment and other pollutants in stormwater discharges.

In addition, dischargers are required to conduct inspections before and after storm events and to annually certify that they comply with the General Permit.

Sustainable Groundwater Management Act
The Sustainable Groundwater Management Act (SGMA) of 2014 is intended to provide for sustainable management of groundwater basins and to locally manage groundwater basins while minimizing state intervention to only when necessary. Alameda County Water District (ACWD) is identified within SGMA as an agency created by statute to manage groundwater and deemed to be the exclusive local agency within its statutory boundaries, which include the City of Newark, to comply with SGMA.

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Regional
San Francisco Bay Regional Water Quality Control Board
Regional Water Quality Control Boards (RWQCBs) are responsible for protecting beneficial uses of water resources within their regional jurisdiction using planning, permitting, and enforcement authorities. The City of Newark lies within the jurisdiction of San Francisco Bay RWQCB (Region 2) and is subject to the waste discharge requirements of the Municipal Regional Stormwater Permit (MRP; Order No. R2-2015- 0049) and NPDES Permit No. CAS612008, which was issued on November 19, 2015, and became effective as of January 1, 2016, as a permittee. Under Provision C.3 of the MRP, the City uses its planning authorities to include appropriate source control, site design, and stormwater treatment measures in new development and redevelopment projects.

Alameda County Water District
The Alameda County Water District (ACWD), the water service provider in Alameda County and Newark, has a ground water management policy for the Niles Cone Groundwater Basin with programs as outlined in Table 9 below.

Table 9: Summary of ACWD Groundwater Management Programs Groundwater Program Description
Water Supply Management Planning, managing, and optimizing ACW D’s sources of supply: watershed runoff, SWP water for recharge, SWP water for treatment, SFPUC water for blending, and water banking.

Groundwater Replenishment Operation of ACW D groundwater recharge facilities to optimize 1) capture of local runoff, 2) replacement of water extracted from production and ARP wells, and 3) maintenance of groundwater levels to prevent saltwater intrusion.

Watershed Protection and Monitoring Assisting in the protection and monitoring of the watershed to optimize the quality of runoff water available for ACW D water supply.

Basin Monitoring Sampling and measuring wells to assess and evaluate 1) groundwater quality, 2) water pressures within the basin, and 3) the direction of groundwater flow.

Wellhead Protection Program Identify sensitive recharge and groundwater areas, maintain an inventory of potential threats within these areas, assess the vulnerability of source water, and develop management
strategies to minimize the potential for groundwater quality impacts.

Aquifer Reclamation Program Pump brackish water from degraded aquifers in order to 1) increase useable basin storage, 2 ) improve overall water quality, 3) prevent movement of brackish water toward ACW D production wells, and 4) provide (future) supply augmentation through treatment to potable water standards.

Groundwater Protection Program Maintain an active role in 1) assisting with the identification of potential groundwater contamination, 2) implementing monitoring systems at hazardous materials storage sites, and 3) providing technical oversight for investigations and cleanups at hazardous materials spill sites.

Well Ordinance Administration As enforcing agency for municipal ordinances governing construction, repair, or destruction of wells, ACW D provides inspection services, collects fees, and performs field searches for abandoned wells which could act as a conduit for contamination of groundwater.

Source: Alameda County Water District Groundwater Management Policy, Adopted January 26, 1989, Amended March 22, 2001 Packet Page 354
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Local
The Engineering Division of the Newark Public Works Department is responsible for carrying out the City’s stormwater quality initiatives. This includes stormwater control requirements for businesses and new development in accordance with the provisions of NMC Chapter 8.36, Stormwater Management and Discharge Control regulations, among other functions.

Impact Analysis
a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality?
Both project construction and operation could potentially impact water quality. Grading and other construction activities associated with the project would have the potential to cause soil erosion and increase sediment loads in stormwater runoff due to exposed or disturbed soil. Spills, leakage, or improper handling and storage of substances such as oils, fuels, chemicals, metals, and other substances used during various construction phases may also be collected in stormwater runoff and impact water quality of receiving water bodies. Upon construction, the project would include 223,885 square feet (5.14 acres) of impervious surface consisting of buildings and paving.

Project construction activity would disturb more than one acre of land and would therefore require the development and implementation of a Stormwater Pollution Prevention Program (SWPPP), emphasizing Best Management Practices (BMPs). As such, the project would be required provide stormwater treatment and obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity. In addition, ground disturbing activities at the project site will be carried out in accordance with the City of Newark “Grading and Excavation” regulations (NMC Chapter 15.50) and erosion control provisions which would minimize impacts to surface or groundwater quality. Therefore, the construction of the proposed project would not substantially degrade surface or water quality.

The proposed project also proposes more than 10,000 square feet of impervious surface area and would thus be subject to the NPDES C.3 requirements of the Municipal Regional Stormwater Permit.

This permit includes provision for new development and redevelopment projects. Provision C.3 requires source control, site design, and stormwater treatment measures to address stormwater pollutants and to and ensure that runoff does not exceed the rate and duration that of existing runoff.

Source control and site design features must treat stormwater runoff from all on-site impervious surfaces on site before it is discharged into the public storm drain system. In compliance with MRP C.3, the proposed runoff will be directed to stormwater treatment measures (bio retention areas) prior to discharging to the public storm drain system.

Additionally, the proposed project would be subject to the provisions of NMC Chapter 8.36, Stormwater Management and Discharge Control regulations. The provisions of this chapter implement the Alameda County Urban Water Runoff Clean Water Program and contain regulations intended to control and eliminate non-stormwater discharges to the City storm sewer and reduce pollutants in stormwater discharges. The proposed Project has been reviewed and approved by the City’s Public Works Staff to ensure compliance with these regulations and thus would not violate any water quality standards or waste discharge requirements. LESS THAN SIGNIFICANT IMPACT b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Packet Page 355
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Development of the project site would not involve any groundwater extraction. The proposed project would include 10,887 square feet of landscape area including bioretention that would result in some groundwater recharge. Therefore, the proposed project would not impact groundwater supplies or recharge adversely and, thus, would not impede sustainable groundwater management of the Niles Cones basin. LESS THAN SIGNIFICANT IMPACT
c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i. Result in substantial erosion or siltation on- or off-site; ii. Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite;
iii. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or iv. Impede or redirect flood flows?
The project would not substantially alter existing drainage patterns. Drainage from the project would be directed into bioretention areas and ultimately discharged into the existing public storm drain system. The project does not propose any alterations to the engineered flood control channel located adjacent to the southeastern portion of the subject site.

As discussed above, grading and ground disturbance for demolition and construction on site could potentially cause erosion. However, ground disturbing activities of the proposed project will be carried out in accordance with the City of Newark “Grading and Excavation” regulations (NMC Chapter

15.50) and the erosion control provisions herein. As indicated above, the proposed project would also be required to comply with the C.3 requirements of the Municipal Regional Stormwater Permit to ensure that runoff does not exceed the rate and duration that of existing runoff. Flood Hazard exists at the southeastern edge of the property where the engineered flood control channel is designated Zone AE (1 percent annual chance flood hazard contained in channel) on the Flood Insurance Rate Map (FIRM)14. However, the proposed project development would not interfere with this channel and would, thus not redirect or impeded flood flow. LESS THAN SIGNIFICANT IMPACT d. Would the project, in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
While the engineered flood control channel located adjacent to the southeastern edge of the site is in Flood Insurance Rate Map (FIRM) Zone AE, the project site is located in Zone X (zone of minimal flood hazard). The site is located inland and there are no large water bodies in its vicinity that would put it at risk from a tsunami or seiche (large waves generated in enclosed bodies of water in response to winds, changes in atmospheric pressure, underwater earthquakes, tsunamis, or landslides into the water body). The proposed project would not pose a risk of release of pollutants due to project inundation because of flood, tsunami, or seiche. LESS THAN SIGNIFICANT IMPACT e. Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
14 https://msc.fema.gov/portal/search?AddressQuery=38478%20Cedar%20Blvd%20Newrak%2C%20Ca#searchresults anchor, accessed August 2022
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As discussed in Sections a. and b. above, the development of the proposed project would not entail groundwater extraction. The proposed project does not propose any wells on site, and would not involve the storage of hazardous waste on site. The project would be required to comply with the applicable water quality control plan. Although part of the water supplies of the ACWD are attributable to the Niles Cone Groundwater Basin, these supplies would not be substantially affected by the project, as discussed in section a. under “Utilities and Service Systems”. The proposed project would not adversely impact ground water supplies or recharge such as to conflict with or obstruct implementation of the applicable groundwater management plan. LESS THAN SIGNIFICANT IMPACT Packet Page 357
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Land Use and Planning
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the Project:
a. Physically divide an established community? □ □ □ ■
b. Cause a significant environmental impact due to a
conflict with any land use plan, policy, or regulation
adopted for the purpose of avoiding or mitigating an
environmental effect?
□ □ ■ □
Land Use and Planning Setting
The project site is located in the northeastern quadrant of the City of Newark, bordered to the northeast by I-880. The land uses surrounding the project site comprise of a public storage facility, located to the northwest of the site, industrial buildings to the southeast, single-family residential development, two church buildings (Cedars Church) and a pre-school (King Kids Preschool), located across Cedar Boulevard to the southwest of the site. The City’s current General Plan, adopted in 2013, designated parcels immediately to the northwest and southeast of the project site as medium density residential with land across Cedar Boulevard to the southwest of the project site designated low density residential. The project site is a part of the Cedar Boulevard Industrial to Residential Conversion area identified as Site “G” in the City of Newark Housing Element Update 2015 as part of the Regional Housing Needs Assessment (RHNA).

Regulatory Setting
State
California General Plan Law
California Government Code Section 65300 requires all counties and cities in the State to prepare and maintain a General Plan addressing long-term growth, development, and management of resources and land within the jurisdiction’s planning area. Development regulations such as zoning and subdivision standards are required to be consistent with the adopted General Plan. Mandatory General Plan topics include circulation, conservation, environmental justice, housing, land use, noise, open space, and safety.

In addition to mandatory elements, jurisdictions may elect to include optional elements.

Regional
Plan Bay Area 2050
Plan Bay Area 2050 is a 30 year, long-range, integrated transportation, land-use, and housing strategic plan for the San Francisco Bay Area. The Plan Bay Area 2050 is the successor to the Plan Bay Area 2040 regional plan, which was the region’s first long-range plan to meet the requirements of Senate Bill 375, which requires each metropolitan area to develop a sustainable community strategy (SCS) to accommodate future population growth and reduce greenhouse gas emissions.

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Plan Bay Area 2050, jointly adopted by the Metropolitan Transportation Commission (MTC) and the Bay Area Association of Governments in October 2021, connects the elements of housing, the economy, transportation and the environment through 35 strategies and includes an implementation plan. The implementation plan identifies specific action of MTC, ABAG, and partner organization to take over the next five years to accomplish identified strategies.

Local
City of Newark General Plan, 2013
The City’s General Plan contains land use policies, and actions for the purpose of avoiding or mitigating an environmental effect, which are more specifically as follows:

Policy LU-1.4 Coordinating Land Use and Transportation Decisions. Coordinate land use and development decisions with the capacity of the transportation system and plans for future transportation improvements.

Policy LU-1.17 Sustainable Development Emphasis. Ensure that new development incorporates green building and sustainable design principles and encourage renovation of existing development to use water and energy more efficiently[…]
Policy LU-2.4 Buffering from Transportation Facilities. Ensure that the design of new residential development near rail lines, truck routes, freeways, or major thoroughfares includes setbacks, landscape screening, and other provisions to minimize exposure to negative impacts such as noise and air pollution.

Action LU-1.B Environmental Review. Use established environmental review processes and programs to minimize the potential impacts of any new development to levels that are determined acceptable.

Action LU-1.D Minimum Densities. Set minimum residential densities in all areas designated on the General Plan Diagram for medium- to high-density residential use, and for mixed-use development. The minimum densities will ensure that this land supply is used as efficiently as possible and will help ensure that the city meets its adopted housing objectives.

Impact Analysis
a. Would the project physically divide an established community? As discussed above, the project site is located adjacent to I-880, at the northeastern edge of the City.

The site is bordered by Cedar Boulevard to the southwest with predominantly single family residential development across the street. Development to the northwest and southeast of the site is currently commercial/industrial, although these properties are designated medium density residential and could potentially be redeveloped for such purposes. The project site is contained between I-880 and Cedar Boulevard and the proposed development would not disrupt the established physical layout of the community as the proposed residential use is compatible with existing and envisioned uses in the area. The proposed project also does not involve installation of features such as new roads, aboveground infrastructure or any easement running through the existing community. As such, the project site would not divide an established community. NO IMPACT b. Would the project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Packet Page 359
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The proposed project would be generally consistent with the General Plan and land use regulations established by the City of Newark, and with the zoning upon approval of the zoning amendment from Residential Medium Density (RM) to Residential Medium Density (RM) with Planned Development (PD) overlay.

The City certified an Environmental Impact Report (EIR) (State Clearinghouse No. 2013012052, December 2013) for the currently applicable General Plan Update in 2013. The EIR incorporating environmental impact review for the City’s current General Plan found that implementation of the General Plan would not conflict with an applicable land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. The proposed project would implement the General Plan in that it would be developed at a density allowed for this site by the General Plan.

Newark City CouncilMay 25, 2023

Newark City Council
May 25, 2023