Agenda packet — Newark City Council, September 14, 2023 (part 1 of 13)

AGENDA
Thursday, September 14, 2023
7:00 P.M.

A. ROLL CALL
B. PRESENTATIONS

1. Proclamation for Newark Days

2. Proclaiming September as National Preparedness Month

3. Commending the Deaf Plus Adult Community

4. Introduction of employee(s)

5. Presentation of Certificates of Appreciation for the Senior Advisory Committee 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 July 27, 2023, minutes

3. Report on administrative actions during August recess

4. Adopt a resolution accepting completion of Smith Avenue Sinkhole Repairs, Project No.

4. Adopt a resolution accepting completion of Smith Avenue Sinkhole Repairs, Project No. 1358, by Mountain Cascade, Inc., terminating emergency contracting actions pursuant to Public Contract Code Section 22050 and amending the 2022-2024 Biennial Budget for Fiscal Year 2024; exempt from CEQA review per CEQA Guidelines Section 15301

5. Adopt a resolution approving side letter agreements to the Memorandum of Understanding with the Newark Association of Miscellaneous Employees (NAME) and to the Memorandum of Understanding with the Newark Police Association (NPA) to provide that NPA serve as the sole and exclusive bargaining representative for the Vehicle Abatement Officer classification.

E. PUBLIC HEARINGS

1. Public Hearing to consider approval of a Resolution finding the project exempt from further environmental review pursuant to CEQA and approving a Design Review, Minor Use Permit, and Vesting Tentative Map for a 76-unit residential development located at 38600 Cedar Boulevard (APNs 92A-2585-12-1, 92A-2585-31).

F. OTHER BUSINESS

1. Presentation of programs and services delivered by the City of Newark's Clark W. Redeker Newark Senior Center and adopt a resolution approving the revised guidelines and procedures for the Senior Citizen Standing Advisory Committee.

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.

1. Adopt a resolution approving the Mayor's appointment to the Senior Citizen Standing Advisory Committee
H. CITY MANAGER UPDATES
I. CLOSED SESSION

1. Closed session for conference with Labor Negotiators pursuant to California Government Code Section 54957.6. Agency designated representatives: City Manager Benoun, Assistant City Manager Hovorka, Human Resources Director Ingham-Watters, and Labor Attorney; Employee Group: the Newark Police Association J. ADJOURNMENT
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MEETING INFORMATION
Members of the public may attend the meeting in person, virtually via Zoom, or watch it via YouTube or Cable Channel 26. The ability to participate and observe via Zoom, YouTube or Cable Channel 26 is predicated on those technologies being available and functioning without technical difficulties. Should those platforms not be available, or become non-functioning, or should the City Council otherwise encounter technical difficulties that make those platforms unavailable, the City Council will proceed with business in person unless otherwise prohibited by law.

How to view the meeting remotely:

Livestream online at YouTube: https://www.youtube.com/@cityofnewark3077/streams 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: https://us06web.zoom.us/j/87158324007 From a telephone dial 1- 669-900-9128, Webinar ID 871 5832 4007 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 interrupt the 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 at https://www.newark.org/departments/city-manager-s-office/agendas-minutes and will concurrently be made available for public inspection during regular business hours at the David W. Smith City Hall, 37101 Newark Boulevard, Newark CA. 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.

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Item B. 1.

DATE 09/14/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Proclamation for Newark Days
Newark Days is a four-day festival held to commemorate the birthday of the City of Newark. A proclamation has been prepared and members of the Newark Days Committee will accept it at the City Council meeting.

Attachments
Proclamation
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PROCLAMATION NO. 1898

NEWARK DAYS
WHEREAS, the Newark Days Committee annually celebrates the birth date of our City during the month of September; and
WHEREAS, this is a time to celebrate the community of Newark in all its aspects; and
WHEREAS, this is a time when all Newark residents are encouraged to explore our rich heritage and a time to recognize the multi-cultural contributions of divergent people who have come together to create a common sense of community; and WHEREAS, this is also a time when we encourage Newark residents to pause and reflect on the values that we represent as a community so succinctly stated in our Newark Days Celebration motto, “People, Pride, and Progress”;
NOW, THEREFORE, I, Michael K. Hannon, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby proclaim September 14-17, 2023, as

NEWARK DAYS
in Newark.

IN WITNESS THEREOF, I have hereunto set forth my hand and caused the Official Seal of the City of Newark, State of California, to be affixed this Fourteenth Day of September, Two Thousand Twenty-three.

MICHAEL K. HANNON
Mayor
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Item B. 2.

DATE 09/14/2023
TO Honorable Mayor and City Council Members
FROM Lenka Hovorka, Assistant City Manager
SUBJECT Proclaiming September as National Preparedness Month National Preparedness Month is an observance each September to raise awareness about the importance of preparing for disasters and emergencies that could happen at any time. Emergency Services Coordinator Rich Martinez will be at the meeting to accept the proclamation.

Attachments
Proclamation No. 1900
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PROCLAMATION NO. 1900

NATIONAL PREPAREDNESS MONTH
WHEREAS, National Preparedness Month is a nationwide coordinated effort sponsored by the Department of Homeland Security each September to increase public awareness of emergencies in homes, businesses, and schools; and
WHEREAS, this national effort aims to encourage Americans to prepare and to persuade individuals to take action; and
WHEREAS, during the month of September, residents are encouraged to take this opportunity to make themselves and their families better prepared for emergencies and to stay informed by registering on ACAlert.org for emergency notifications; and
WHEREAS, being prepared includes creating an emergency Go kit containing items that will allow individuals and their familiesto survive for up to a week in the event of an emergency and recommend a Go kit for home, car, and workplace; and
WHEREAS, throughout the year the City of Newark and the City CERT program promote emergency preparedness by providing public education to the community and providing emergency preparedness information on the City’s website; and
WHEREAS, the Newark CERT has conducted monthly emergency preparedness trainings for their members and for the community and has participated in community events encouraging emergency volunteerism.

NOW, THEREFORE, I, Michael K. Hannon, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby proclaim September 2023, as

NATIONAL PREPAREDNESS MONTH
in Newark and encourage all residents to be better prepared for emergencies.

MICHAEL K. HANNON
Mayor
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Item B. 3.

DATE 09/14/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Commending the Deaf Plus Adult Community
The Deaf Plus Adult Community (DPAC) is a nonprofit organization, located in the city of Newark, that serves deaf adults with disabilities (deafplus). A commendation has been prepared to honor DPAC for the support that they provide to help the deafplus community access employment, education, and community services.

Attachments
Commendation
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COMMENDATION

DEAF PLUS ADULT COMMUNITY
WHEREAS, in 2007, a small volunteer group launched the beginnings of Deaf Plus Adult Community; and
WHEREAS, today, Deaf Plus Adult Community (DPAC) is an integrated adult day program that serves deaf adults with disabilities (“deafplus”) in the Greater San Francisco Bay Area; and
WHEREAS, Deaf Plus Adult Community provides a safe space in their spacious communal center in Newark, California, for deafplus adults to gather, build relationships, and explore their identities through recreational, educational, and social opportunities; and
WHEREAS, the goal of Deaf Plus Adult Community is to provide the communication and support necessary to gain access to employment, education, and community services; and
WHEREAS, through education, advocacy and outreach, Deaf Plus Adult Community works to address the social isolation faced by deafplus adults; NOW, THEREFORE, I, Michael K. Hannon, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby commend

DEAF PLUS ADULT COMMUNITY
for all that they do to give deafplus individuals and their families the opportunity to experience hope, love, respect, and support.

IN WITNESS THEREOF, I have hereunto set my hand and caused the Official Seal of the City of Newark, State of California, to be affixed this Twenty-seventh Day of July, Two Thousand Twenty-three.

MICHAEL K. HANNON
Mayor
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Item B. 4.

DATE 09/14/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Introduction of employee(s)
The following employees will be introduced at the City Council meeting: Cathreene Ingham-Watters, Human Resources Director, Esther Jung, Associate Civil Engineer, Vibha Deshmukh, Associate Civil Engineer, Tianna Jones, Administrative Support Specialist II, and Bengil Ranillo, Accounting Assistant.

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Item B. 5.

DATE 09/14/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Presentation of Certificates of Appreciation for the Senior Advisory Committee The Senior Citizen Standing Advisory Committee (Committee) researches senior issues within the City of Newark and identifies those needs which require assistance. The Committee makes recommendations to the City Council and provides information that they feel is pertinent to the well-being of Newark’s senior citizens. Certificates of Appreciation have been prepared for the Committee members in honor of their past and future service to the community. The current committee consists of Glen Wickizer, Rick Arellano, Kathleen Lemos, Sandra Arellano, Eileen McDonald, Stanley Keiser, and Olga Borjon.

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Item D. 1.

DATE 09/14/2023
TO Honorable Mayor and City Council Members
FROM Krysten Lee, Finance Director
SUBJECT Approval of Audited Demands
Attachments
Audited Demands 07.13.23
Audited Demands 07.20.23
Audited Demands 07.27.23
Audited Demands 08.03.23-1
Audited Demands 08.03.23-2
Audited Demands 08.10.23
Audited Demands 08.17.23
Audited Demands 08.24.23-1
Audited Demands 08.24.23-2
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Item D. 2.

DATE 09/14/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Approval of July 27, 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

Draft
Thursday, July 27, 2023
7:00 P.M.

A. ROLL CALL
Mayor Hannon called the meeting to order at 7:03 p.m. Vice Mayor Collazo, Council Members Bucci, Freitas, and Jorgens were present.

B. PRESENTATIONS

1. Commending the Deaf Plus Adult Community
Mayor Hannon announced that the presentation would be rescheduled for a future meeting.

2. Introduction of employee(s)
Mayor Hannon introduced Panhasak Bun, Police Officer.

C. PUBLIC COMMENT
No one requested to speak.

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Page No. 2
City of Newark City Council Minutes July 27, 2023
D. CONSENT CALENDAR
City Manager Benoun requested the removal of item D.7. for separate consideration.

Vice Mayor Collazo moved, Council Member Bucci seconded, to approve Consent Calendar Items D.1 through D.6, and D.8 to D.9 that the resolutions and ordinances be numbered consecutively, and that reading of the titles suffice for adoption. The motion passed, 5 AYES.

1. Approval of Audited Demands

2. Approval of July 13, 2023, minutes

3. Adopt a resolution amending the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 for solid waste management program specialty contractual services by R3 Consulting Group, Inc.

Resolution No. 11548
Contract No. 22044

4. Adopt a resolution authorizing the City Manager to execute Contractual Services Agreements, in a form approved by the City Attorney, with BKF Engineers and NCE for on-call pavement engineering and management services
Resolution No. 11549
Contract No. 23057 BKF
Contract No. 23058 NCE

5. Adopt a resolution approving a Salary Schedule in conformance with California Code of Regulations, Title 2, Section 570.5
Resolution No. 11550

6. Adopt a resolution authorizing the City Manager to execute an agreement with Faro Technologies Incorporated for the Focus Premium Three-Dimensional Scanner and amend the 2022-2024 Biennial Budget and Capital Improvement Plan for FY 2024
Resolution No. 11551
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Page No. 3
City of Newark City Council Minutes July 27, 2023

8. Adopt a resolution (1) adding multiple positions to the Employee Classification Plan; (2) adding and deleting multiple positions from the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024; (3) approving a Side Letter amending the Memorandum of Understanding between the City of Newark and Newark Association of Miscellaneous Employees; (4) amending the Compensation and Benefit Plan for Management, Supervisory and Professional Employees; (5) approving an amendment to the City's Salary Schedule; and (6) amending the 2022-2024 Biennial Budget and Capital Improvement Plan
Resolution No. 11552

9. Adopt a resolution finding that emergency conditions exist that do not permit a delay resulting from a competitive solicitation for bids and authorizing the City Manager to take necessary action to negotiate and award an emergency construction contract and expenditure for the repair of a roadway sinkhole and storm drain on Smith Avenue and amendment of the 2022-2024 Biennial Budget for Fiscal Year 2024; exempt from CEQA review per CEQA Guidelines Section 15301
Resolution No. 11553

NONCONSENT

7. Adopt a resolution authorizing the acceptance of the State of California grants for Quiet Zone Safety Improvement in the amount of $2,000,000 and for Broadband Improvements in the amount of $1,800,000 and amend the 20222024 Biennial Budget and Capital Improvement Plan
Resolution No. 11554
Council Member Freitas announced he would recuse himself due an economic conflict of interest in real properties that are a source of income in proximity to the Quiet Zone Safety Improvements. Council Member Freitas exited the City Council Chambers.

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Page No. 4
City of Newark City Council Minutes July 27, 2023
Council Member Jorgens stated that the grants with the State of California did not impact the office of his employer, a State Assembly Member.

City Manager Benoun gave the staff report recommending approval.

Council Member Bucci thanked Assembly Member Alex Lee for his assistance in acquiring the grants. He stated that the Broadband Community meeting will be held on August 25, 2023 at 2 pm.

Moved by Council Member Bucci, seconded by Council Member Jorgens to adopt a resolution. The motion passed 4 AYES, 1 RECUSED.

Council Member Freitas returned to the City Council Chambers.

E. PUBLIC HEARINGS

1. Hearing to consider adoption of a resolution approving Development Impact Fee amendments to the Master Fee Schedule for Fiscal Year 2024 Resolution No. 11555
City Manager Benoun stated that the Master Fee Schedule was undergoing a comprehensive review and would be presented to the City Council at a future meeting. He recommended increases to the Development Impact Fees based on the Engineering News Record Cost Construction Index.

Mayor Hannon opened the public hearing at 7:19 p.m.

No one requested to speak.

Mayor Hannon closed the public hearing at 7:19 p.m.

Moved by Council Member Freitas, seconded by Vice Mayor Collazo to adopt a resolution. The motion passed, 5 AYES.

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Page No. 5
City of Newark City Council Minutes July 27, 2023
assessments
Resolution No. 11556
City Manager Benoun gave the staff report recommending approval.

Mayor Hannon opened the public hearing at 7:20 p.m.

No one requested to speak.

Mayor Hannon closed the public hearing at 7:21 p.m.

Moved by Council Member Bucci, seconded by Vice Mayor Collazo to adopt a resolution. The motion passed, 5 AYES.

F. OTHER BUSINESS

1. Resolution approving an amendment to the Employment Agreement with City Manager David J. Benoun to serve as City Manager and an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 Resolution No. 11557
City Attorney Kokotaylo gave the staff report recommending approval.

Council Member Bucci stated City Manager Benoun has done a great job.

Vice Mayor Collazo thanked City Manager Benoun for his round the clock service.

Mayor Hannon stated that City Manager Benoun is an outstanding leader.

Moved by Council Member Bucci, seconded by Vice Mayor Collazo to adopt a resolution. The motion passed, 5 AYES.

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Page No. 6
City of Newark City Council Minutes July 27, 2023
G. CITY COUNCIL MATTERS
Council Member Bucci welcomed Officer Bun. He announced that Super Mario Brothers would play for Movie Night at the Community Center on Saturday. He stated that his friend Griffin Daily, announced his colon cancer diagnosis and he recommended that anyone 45 or older get screened.

Vice Mayor Collazo recommended people stay up to date on pneumonia vaccines and shared her experience with pneumonia. She welcomed Officer Bun. She noted that the city of Vallejo Police Department was understaffed and she felt safe here.

She announced that OMT and Tortilla Soup would perform at Groovin at the Grove.

Shop Newark.

Council Member Freitas stated that the Volunteer Recognition Ceremony was held last week. He thanked all of the volunteers for their service. He thanked City Manager Benoun for his service and noted that with 4 ½ years of service, he was one of the senior city managers in Alameda County.

Mayor Hannon congratulated Vice Mayor Collazo for the Mariachi Festival success.

The Newark Optimist Club is hosting a garage sale this Saturday to benefit Relay for Life. The City Council holds an August Recess and will not meet again until September. September is the city of Newark’s birthday.

H. CITY MANAGER UPDATES
City Manager Benoun stated that August 1 is National Night Out and Newark Days begins on September 14.

Assistant City Manager Hovorka stated that the Parks Master Plan and the Active Transportation Plan Updates will have a table at the Newark Days Community Information Faire. The Broadband Masterplan online survey was reopened until August 21. A Pop-up Recreation event will be held at Birch Grove Park on August 3 and a Family Fun Run at Lakeshore Park on August 18.

I. CLOSED SESSION
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Page No. 7
City of Newark City Council Minutes July 27, 2023
J. ADJOURNMENT
Mayor Hannon adjourned the meeting at 7:40 p.m.

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Item D. 3.

DATE 09/14/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Report on administrative actions during August recess At the December 8, 2022, meeting the City Council adopted Resolution No. 11,446 authorizing the City Manager, or Acting City Manager, to act on certain administrative matters, which should not be deferred until the next regularly scheduled meeting of the City Council. The City Council directed the City Manager to report to the City Council after the recess on all such actions.

It is recommended that the City Council, by motion, affirm the City Manager's, or Action City Manager's, action on the matters listed in Exhibit.

Attachments
Exhibit A
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Item D. 4.

DATE 09/14/2023
TO Honorable Mayor and City Council Members
FROM Alex Tat, Senior Civil Engineer
SUBJECT Adopt a resolution accepting completion of Smith Avenue Sinkhole Repairs, Project No. 1358, by Mountain Cascade, Inc., terminating emergency contracting actions pursuant to Public Contract Code Section 22050 and amending the 2022-2024 Biennial Budget for Fiscal Year 2024; exempt from CEQA review per CEQA Guidelines Section 15301 SUMMARY AND RECOMMENDATION
Following the July 27, 2023 City Council emergency declaration in response to roadway and storm drain damage on Smith Avenue fronting Birch Grove Primary Elementary School, the City contracted with Mountain Cascade, Inc. to perform the emergency repairs. Mountain Cascade, Inc. has completed the work in conformance with the specifications of the contract at a total cost not to exceed $95,000.

Staff recommends that the City Council accept completion of Smith Avenue Sinkhole Repairs, Project No. 1358, by Mountain Cascade, Inc., authorize an amendment of the 2022-2024 Biennial Budget for Fiscal Year 2024 to allocate an additional $15,000 of unallocated Capital Improvement Fund Reserves to the project to cover anticipated construction cost increases and terminate emergency contracting actions pursuant to Public Contract Code Section 22050.

BACKGROUND
The formation of a roadway sinkhole on Smith Avenue directly fronting Birch Grove Primary Elementary School created the need for emergency roadway and storm drain repairs.

The City of Newark’s Purchasing Ordinance and the California Public Contract Code require repair of public improvements of this magnitude to follow a competitive formal bid process unless there is an emergency. Following the formal bidding process would have resulted in significant delays for the work required to repair the storm drain main and roadway, causing health and safety concerns. Therefore, at the July 27, 2023 City Council meeting, the City Council made a finding and adopted Resolution No. 11,553, declaring that an emergency existed as a result of the damage to the storm drain and roadway on Smith Avenue fronting Birch Grove Primary Elementary School and that the public interest and necessity demanded the immediate expenditure of public money to safeguard life, health or property, and authorized the City Manager to sign documents necessary for the repair without competitive bidding. In addition, the City Council approved the allocation of $80,000 of Capital Improvement Fund Reserves to Packet Page 95
Smith Avenue Sinkhole Repairs, Project No. 1358.

Per Section 22050 of the California Public Contract Code, if the Council adopts a resolution finding that an emergency exists, staff is required to provide a report to the City Council at each subsequent regularly scheduled meeting thereafter on the status of the actions related to the emergency expenditure until Council declares an end to the emergency.

DISCUSSION/ANALYSIS
The City contacted a total of six contractors to provide quotes and their upcoming availability to perform the emergency repair work - Ranger Pipelines, Sanco, Moreno Brothers, Rosas Brothers Construction, GradeTech, Inc., and Mountain Cascade, Inc.

The City contracted with Mountain Cascade, Inc. because they were the only qualified contractor immediately available to provide the emergency roadway and storm drain repairs.

The repair work consisted of excavating below the roadway surface, sealing the damaged storm drain joint, pouring a concrete field collar around the joint, backfilling the excavated area with slurry and aggregate base, reconstructing damaged concrete curb and gutter, and restoring the asphalt concrete pavement. Despite staff's desire and attempts to complete the work earlier, the roadway and storm drain repairs unfortunately occurred after the start of Newark Unified District's 2023-24 school year; however, due in most part to close coordination between Public Works Engineering and Maintenance staff, Police, the contractor, and Birch Grove Primary Elementary School administration, disruptions to morning drop-off and afternoon pick-up operations were kept to a minimum.

Mountain Cascade, Inc. has completed the work in conformance with the specifications of the contract. Staff is currently working with the contractor to finalize costs associated with the disposal of excavated material; however, based on preliminary estimates, staff does not anticipate the final cost of the project to exceed $95,000.

Staff recommends that the City Council accept completion of Smith Avenue Sinkhole Repairs, Project No. 1358, by Mountain Cascade, Inc., authorize an amendment of the 2022-2024 Biennial Budget for Fiscal Year 2024 to allocate an additional $15,000 of unallocated Capital Improvement Funds to the project to cover anticipated construction cost increases and terminate emergency contracting actions pursuant to Public Contract Code Section 22050.

FISCAL IMPACT
Staff recommends amending the 2022-2024 Biennial Budget and Capital Improvement Fund for Fiscal Year 2024 to allocate an additional $15,000 of Capital Improvement Fund Reserves to the Smith Avenue Sinkhole Repairs, Project No. 1358, thereby increasing the total project budget from $80,000 to $95,000, to cover anticipated construction cost increases.

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ENVIRONMENTAL/PLANNING COMMISSION REVIEW
The repair and maintenance of existing facilities is categorically exempt under the California Environmental Quality Act (CEQA) section 15301 (Existing Facilities).

REVIEW AND APPROVAL
Prepared by - Alex Tat, Senior Civil Engineer
Reviewed by - Jayson Imai, 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 Ending Emergency
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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK ACCEPTING COMPLETION OF SMITH AVENUE
SINKHOLE REPAIRS, PROJECT NO. 1358, BY MOUNTAIN
CASCADE, INC., TERMINATING EMERGENCY

CONTRACTING ACTIONS PURSUANT TO PUBLIC
CONTRACT CODE SECTION 22050 AND APPROVING AN
AMENDMENT OF THE 2022-2024 BIENNIAL BUDGET FOR
FISCAL YEAR 2023-2024
WHEREAS, Public Contract Code Section 22050 allows public agencies to repair or replace a public facility without competitive bidding, provided that the legislative body makes a finding and adopts a resolution by a four-fifths vote that an emergency exists and that the emergency will not permit a delay resulting from a competitive solicitation for bids and that the action is necessary to respond to the emergency; and
WHEREAS, Public Contract Code Section 22050 also requires local agency governing bodies to terminate emergency contracting actions at the earliest possible date that conditions warrant so that regular noticed bidding can resume; and WHEREAS, damage to the storm drain main along Smith Avenue eroded the surrounding roadway subgrade, causing a sinkhole to form directly adjacent to Birch Grove Primary Elementary School, requiring immediate repair to address health and public safety concerns; and WHEREAS, the public interest and necessity demanded the immediate expenditure of public money to safeguard life, health and property; and WHEREAS, on July 27, 2023, the City Council adopted Resolution No. 11,553 declaring that an emergency existed because of the damage to the storm drain and roadway on Smith Avenue fronting Birch Grove Primary Elementary School and that the public interest and necessity demanded the immediate expenditure of public money to safeguard life, health, or property, and authorized the City Manage to execute all documents and take all actions necessary for the repair without competitive bidding; and
WHEREAS, Resolution No. 11,553 approved an amendment of the 2022-2024 Biennial Budget and Capital Improvement Plan to allocate $80,000 of Capital Improvement Funds to the Smith Avenue Sinkhole Repairs project account for Project No. 1358; and WHEREAS, the City entered into a contract with Mountain Cascade, Inc. to provide the necessary emergency roadway and storm drain repairs on a time and materials fee basis; and WHEREAS, on August 21, 2023, Mountain Cascade, Inc. completed the work in conformance with the specifications of the contract at a total cost not to exceed $95,000; and WHEREAS, said work has been completed to the satisfaction of the City Engineer.

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NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby finds that the above recitals are true and accurate and hereby incorporated by reference.

BE IT FURTHER RESOLVED that the City Council of the City of Newark does hereby accept the improvements for Smith Avenue Sinkhole Repairs, Project 1358. in a final contract amount not to exceed $95,000.

BE IT FURTHER RESOLVED that the City Council of the City of Newark does hereby authorize the release of bonds guaranteeing completion of the work.

BE IT FURTHER RESOLVED that the City Council of the City of Newark does hereby authorize the filing of a Notice of Completion with the Office of the County Recorder of Alameda County, California.

BE IT FURTHER RESOLVED that the City Council of the City of Newark does hereby authorize the City to issue payment including the release of a final retention payment to Mountain Cascade, Inc. for the completion of Smith Avenue Sinkhole Repairs, Project 1358, pursuant to the contract.

BE IT FURTHER RESOLVED pursuant to Public Contract Code Section 22050 that the emergency contracting actions related to the Smith Avenue sinkhole as identified in Resolution No. 11,553 are hereby terminated.

BE IT FURTHER RESOLVED that the City Council hereby approves an amendment of the 2022-2024 Biennial Budget and Capital Improvement Plan to allocate an additional $15,000 of Capital Improvement Funds to project account 1358 as follows:

Account Description Amount
TO: 610.90.094.940.6221.CIP1358 Smith Avenue Sink Hole Repairs $15,000

FR: 610.3000 Unappropriated Fund Balance $15,000
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Item D. 5.

DATE 09/14/2023
TO Honorable Mayor and City Council Members
FROM Cathreene Ingham-Watters, Human Resources Director SUBJECT Adopt a resolution approving side letter agreements to the Memorandum of Understanding with the Newark Association of Miscellaneous Employees (NAME) and to the Memorandum of Understanding with the Newark Police Association (NPA) to provide that NPA serve as the sole and exclusive bargaining representative for the Vehicle Abatement Officer classification.

SUMMARY AND RECOMMENDATION
The classification of Vehicle Abatement Officer is currently represented by the Newark Association of Miscellaneous Employees (NAME). However, the Vehicle Abatement Officer is assigned to the Newark Police Department; as such, following staff engaging in meet and confer with NAME and the Newark Police Association (NPA), staff recommends that the NPA be the sole representative for the Vehicle Abatement Officer classification.

Staff recommends that the City Council adopt a resolution approving side letters between the City and NAME and between the City and NPA to provide that the job classification of Vehicle Abatement Officer will no longer be represented by NAME and will instead be represented by the NPA.

BACKGROUND
The Vehicle Abatement Officer is assigned to the Newark Police Department. In that role, the Vehicle Abatement Officer reports to individuals within the police department and is responsible for duties as assigned within the department. Currently, there are no employee classifications within NAME except for the Vehicle Abatement Officer that are assigned to the police department. As such, the Vehicle Abatement Officer classification should logically be represented by NPA along with other employee classifications that are assigned to the police department.

DISCUSSION/ANALYSIS
The City and NAME have met and conferred regarding the removal of the Vehicle Abatement Officer classification as solely represented by NAME. NAME has agreed to a side letter removing the Vehicle Abatement Officer classification as a represented classification (Exhibit A).

Additionally, the City and NPA have met and conferred regarding the representation of the Vehicle Abatement Officer classification and the NPA has agreed via a side letter to Packet Page 100
the Vehicle Abatement Officer classification and the NPA has agreed via a side letter to accept representation of the classification (Exhibit B).

Upon Council approval, the side letters will take effect and the Vehicle Abatement Officer classification will no longer be represented by NAME and will be represented by NPA. The change in representation will have no impact on salary but will allow the Vehicle Abatement Officer to receive an initial appointment uniform allowance and monthly uniform allowance.

FISCAL IMPACT
Although there is no fiscal impact to the salary schedule for the Vehicle Abatement Officer classification from NAME to NPA, there is an additional fiscal impact of an initial appointment uniform allowance and monthly uniform allowance of $100.

REVIEW AND APPROVAL
Prepared by - Cathreene Ingham-Watters, Human Resources Director Reviewed by- Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Exhibit A
Exhibit B
Resolution
Packet Page 101
510.578.4200 [email protected] www.newark.org facebook.com/cityofnewarkca City of Newark
City Manager’s Office
37101 Newark Boulevard
Newark, CA 94560
To: Newark Association of Miscellaneous Employees Executive Board From: David Benoun, City Manager
Lenka Hovorka, Assistant City Manager
Date: August 28, 2023
This will serve as a side letter to the City of Newark (City) and the Newark Association of Miscellaneous Employees (NAME) July 1, 2022 – June 30, 2025 Memorandum of Understanding (MOU). The purpose of this side letter is to address representation of the classification of Vehicle Abatement Officer.

The City and Association have met and conferred and agreed to the following amendments below to provide that NAME will no longer be the sole and exclusive bargaining representative for the Vehicle Abatement Officer classification. This side letter will become effective upon approval by the City Council.

The City and NAME agree to the following amendments to the MOU:

1. Remove “Vehicle Abatement Officer” from Attachment A, the list of “Regular Full-Time/ Part-Time Classifications”.

2. Remove the following row from the table in Attachment B, “Salary List”:

Vehicle
Abatement
Officer
Step Code FY 2023 FY 2024 FY 2025
1 $32.08 $32.01 $32.97
2 $32.62 $33.60 $34.61
3 $34.26 $35.29 $36.35
4 $35.96 $37.04 $38.15
5 $37.77 $38.90 $40.07
DocuSign Envelope ID: D957082B-3222-49AF-9ED0-E7CF7252E476 Packet Page 102
City of Newark – City Manager’s Office 2
Dated: _________________________________
For the City of Newark: For the Newark Association of Miscellaneous Employees:
________________________________ _____________________________________ David Benoun, City Manager Jackson Posadas, President
DocuSign Envelope ID: D957082B-3222-49AF-9ED0-E7CF7252E476 Packet Page 103
510.578.4200 [email protected] www.newark.org facebook.com/cityofnewarkca City of Newark
City Manager’s Office
37101 Newark Boulevard
Newark, CA 94560
To: Newark Police Association Executive Board
From: David Benoun, City Manager
Lenka Hovorka, Assistant City Manager
Date: August 28, 2023
This will serve as a side letter to the City of Newark (City) and the Newark Police Association (NPA) July 1, 2019 - June 30, 2022 Memorandum of Understanding (MOU), revised July 28, 2022 to extend the MOU term through June 30, 2025. The purpose of this side letter is to address representation of the classification of Vehicle Abatement Officer.

The City and Association have met and conferred and agreed to the following amendments below to provide that NPA serve as the sole and exclusive bargaining representative for the Vehicle Abatement Officer classification. This side letter will become effective upon approval by the City Council.

The City and NPA agree to the following amendments to the MOU:

1. Add “Vehicle Abatement Officer” to Section III. DEFINTIONS, Subsection G

2. Repeal and replace Section VII. UNIFORM ALLOWANCE, Subsection A in its entirety as follows:

A. Police Officer, Police Sergeant, Community Service Officer, Animal Control Officer, and Vehicle Abatement Officer

1. Upon appointment to the classification of Police Officer, Community Service Officer, Animal Control Officer, or Vehicle Abatement Officer a full-time regular employee shall be reimbursed by the City for the purchase of City-approved uniform and equipment up to an amount equal to the maximum of the annual uniform allowance in effect on the date of appointment to Police Officer, Community Service Officer, Animal Control Officer, or Vehicle Abatement Officer. Reimbursement shall be made upon receipt of evidence of purchase.

2. Upon completion of 12 months of continuous active employment or upon reinstatement, Police Officers and Police Sergeants shall receive a monthly uniform allowance of $100.

DocuSign Envelope ID: AFD37C4C-C888-4E74-91A0-EB92EEA82452 Packet Page 104
City of Newark – City Manager’s Office 2

3. Upon completion of 12 months of continuous active employment or upon reinstatement, Community Service Officers Animal Control Officers, and Vehicle Abatement Officers shall receive a monthly uniform allowance of $100.

4. If the employment of a Police Officer, Community Service Officer, Animal Control Officer, or Vehicle Abatement Officer is terminated before completion of the probationary period or 18 months of service, whichever is longer, uniforms and equipment purchased by the City through reimbursement pursuant to Provision VII.A.3. above shall be returned to the City.

3. Add “Vehicle Abatement Officer” to the positions listed in Section XII. HOLIDAYS, Subsection B.

4. Repeal and replace Section XXVII. WORK SCHEDULES, Subsection B in its entirety as follows:

B. Animal Control Officer, Community Service Officer, and Vehicle Abatement Officer

1. Animal Control Officers, Community Service Officers, and Vehicle Abatement Officers will normally be assigned to a Four-Ten Work schedule. The Police Chief may authorize a different work schedule if such change is needed to achieve management objectives.

2. During any permitted meal periods, Animal Control Officers, Community Service Officers, and Vehicle Abatement Officers assigned to Patrol Division will be on an on-duty status and shall be available to respond to requests for police services.

5. Add “Vehicle Abatement Officer” to Attachment A, the list of “Regular Full-Time/Part Time Classifications”.

6. Add the following row to the table in Attachment A.3 VEHICLE ABATEMENT OFFICER $5548.40 $5824.00 $6101.33 $6420.27 $6742.67 $32.01 $33.60 $35.20 $37.04 $38.90

7. Add the following row to the table in Attachment A.4 VEHICLE ABATEMENT OFFICER $5714.80 $5999.07 $6300.67 $6612.67 $6945.47 $32.97 $34.61 $36.35 $38.15 $40.07
Dated: _______________________________
For the City of Newark: For the Newark Police Association Employees:
_____________________________________ ______________________________________ David J. Benoun, City Manager Steven Losier, President
DocuSign Envelope ID: AFD37C4C-C888-4E74-91A0-EB92EEA82452 Packet Page 105
City of Newark – City Manager’s Office 3
DocuSign Envelope ID: AFD37C4C-C888-4E74-91A0-EB92EEA82452 Packet Page 106
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING SIDE LETTER AGREEMENTS WITH

NEWARK ASSOCIATION OF MISCELLANEOUS

EMPLOYEES AND NEWARK POLICE ASSOCIATION

REGARDING THE REPRESENTATION OF THE VEHICLE
ABATEMENT OFFICER CLASSIFICATION.

WHEREAS, the City of Newark maintains the job classification of Vehicle Abatement Officer; and
WHEREAS, the Newark Association of Miscellaneous Employees (“NAME”) serves as the sole an exclusive representative for the Vehicle Abatement Officer classification; and WHEREAS, the Vehicle Abatement Officer classification is the only classification represented by NAME that is assigned to the Newark Police Department; and WHEREAS, the City and NAME have met and conferred regarding the removal the Vehicle Abatement Officer classification and NAME no longer serving as the sole and exclusive bargaining representative; and
WHEREAS, the City and the Newark Police Association (“NPA”) have met and conferred regarding the representation of the Vehicle Abatement Office classification and NPA has agreed to serve as the sole and exclusive bargaining representative.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby approves and authorizes the City Manager to execute the Side Letter Agreement between the City of Newark and the Newark Association of Miscellaneous Employees, as attached in Exhibit A, and the Side Letter Agreement between the City of Newark and the Newark Police Association as it relates to the classification of the Vehicle Abatement Officer, as attached in Exhibit B.

Packet Page 107
Item E. 1.

DATE 09/14/2023
TO Honorable Mayor and City Council Members
FROM Carmelisa Lopez, Senior Planner
SUBJECT Public Hearing to consider approval of a Resolution finding the project exempt from further environmental review pursuant to CEQA and approving a Design Review, Minor Use Permit, and Vesting Tentative Map for a 76-unit residential development located at 38600 Cedar Boulevard (APNs 92A-2585-12-1, 92A-2585-31).

SUMMARY AND RECOMMENDATION
Waymark Development (the “Applicant”) submitted an application for a 76-unit townhouse development and associated improvements on a 3.72-acre site located at 38600 Cedar Boulevard (the “Project site”) (the “Project”).

The Project site is zoned RM Residential Medium Density with a General Plan designation of Medium Density Residential. The site currently contains existing commercial buildings and site improvements and is surrounded by commercial, industrial, and residential uses. The site consists of two parcels and portions of excess City right-of-way and a street remnant of Timber Street (formerly Cedar Road) located between the two parcels and Interstate 880 (I-880) (see Attachment 1). Pursuant to a Purchase Sale Agreement (PSA) between the City and property owner, Cedar Boulevard Townhomes, LLC, executed in February 2023, the purchase of the City property must be completed within 120 days after the City Council’s approval of the Project.

The Project includes 14 residential buildings with five to six townhouses each (see Attachment 2, Exhibit C). The townhouses will have three floor plan options ranging from 1,334 to 1,823 square feet (sq. ft.) in habitable area and include 3 to 4 bedrooms,

2.5 to 3 bathrooms, decks and patios, and a two-car garage. The Project includes several onsite improvements such as private roads and alleys, interconnected paths and sidewalks, 22,803 sq. ft. of open space, landscaping throughout the site and along Cedar Boulevard, and 190 parking spaces (152 residential parking spaces and 38 guest parking spaces). The Project also includes several off-site improvements such as widening of Cedar Boulevard along the site frontage to accommodate two travel lanes, a bike lane and bike buffer, parkway strip and a meandering sidewalk and new and extended landscape medians on Cedar Boulevard.

The proposed townhouse development is permitted in the RM zoning district. The proposed density of 20 units per net acre complies with the required density for both the RM zoning district and General Plan designation. As proposed and conditioned, the Packet Page 108
Project also complies with all applicable zoning regulations and is consistent with all applicable General Plan policies.

The Project requires Design Review for the design of the site, buildings, and associated improvements and a Vesting Tentative Map to merge the Project site consisting of two parcels and former City property into one common lot and 76 condominium units. The Project also requires a Minor Use Permit to allow a building height over 35 feet and a sound wall height over six feet. The proposed buildings are up to 37 feet in height due to the proposed roof styles which are necessary to achieve the proposed architectural design and screen roof-mounted equipment. The proposed sound wall is 18 feet tall along the rear property line and will step down from a height of 18 to 10 feet from the rear to the front of the site along the side property lines. The proposed wall height is required to reduce exterior noise levels within the Project site down to 65 decibels to comply with General Plan Policy EH-7.4.

Staff recommends that the City Council adopt a Resolution finding the project exempt from further environmental review pursuant to CEQA and approving DR2022-011 and MUP2022-026, a Design Review, Minor Use Permit, and Vesting Tentative Map for a 76-unit residential development located at 38600 Cedar Boulevard (APNs 92A-2585-12-1, 92A-2585-31), based on the recommended findings and subject to the recommended conditions of approval.

BACKGROUND
The Project site is a rectangular-shaped site consisting of two parcels (APNs 92A-2585-12-1, 92A-2585-31). The site also includes portions of excess City right-of-way and a street remnant of Timber Street (formerly Cedar Road) located between the two parcels and I-880, totaling approximately 12,054 sq. ft. (see Attachment 1). On February 23, 2023, the City Council authorized the City Manager to execute a PSA with the property owner to complete the sale and conveyance of the City property, at fair market value, to be incorporated into the Project. The PSA requires that the purchase of the City property be completed within 120 days after the City Council’s approval of the Project, or such earlier date as mutually agreed upon by the City and property owner.

The site is bounded by an Alameda County Flood Control & Water Conservation District (ACFCWCD) flood control channel to the northwest, I-880 to the northeast, a motel (E-Z 8 Motel) to the southeast, and Cedar Boulevard to the southwest. The site is surrounded by commercial, industrial, and residential uses. A residential development proposed by Robson Homes northwest of the flood control channel was recently approved by the City Council in May 2023.

The site is zoned RM Residential Medium Density with a General Plan designation of Medium Density Residential. The zoning for this site and properties north of Cedar Boulevard were rezoned to RM in the mid-2010’s to facilitate the conversion of the uses on these properties to residential. Since the zoning amendment was adopted, various medium-density residential projects have been approved and constructed northwest of the Project site.

Packet Page 109
Project Proposal
The Applicant proposes to merge the two parcels and former City property to create one 3.72-acre common lot and 76 condominium units (see Attachment 2, Exhibit C).

The proposed lot will include various easements for utilities and access and an 8-foot-wide right-of-way dedication for Cedar Boulevard. The Project includes private and public open space areas with various recreational amenities, 190 parking spaces for residents and guests, and several off-site improvements.

A total of 76 alley-loaded townhouses are proposed within 14 residential buildings containing five to six townhouses each. The proposed density is 20 units per net acre.

The habitable floor area of each residence ranges from 1,334 to 1,823 sq. ft and will include private open space areas and two-car garages. The features of the proposed residences are provided in Table 1 below.

Table 1. Proposed Residences
Floor Plans 3
Number of Floors 3
Building Height 36' to 37'
Habitable Floor Area 1,334 to 1,823 sq. ft.

Bedrooms 3 to 4
Bathrooms 2.5 to 3
Private Open Space Decks and porches
Parking Spaces 2 within garage
Building Design
The proposed architectural style is a blend of Spanish and Mediterranean styles, creating a cohesive design that is both functional and complementary to the surrounding neighborhoods. The proposed floor plans and elevations provide a variety of massing, wall breaks, colors, and materials. The front entrances to the residences along the Project frontage also face Cedar Boulevard.

The building materials proposed include stucco, brick, and concrete “S” tiles for the roof. The buildings will be painted earth-toned colors and the tile roofs and various architectural features such as decorative entries, garage doors, and building-mounted exterior lighting will have complimentary finishes in dark brown, green, and blue colors. “Enhanced” elevations with varying materials, colors, and decorative elements are also proposed on the elevations facing Cedar Boulevard, the main entrance to the neighborhood, and I-880.

Open Space and Landscaping
The Project includes a total of 22,803 sq. ft. of open space area. The residences Packet Page 110
The Project includes a total of 22,803 sq. ft. of open space area. The residences include a total of 5,995 sq. ft. of private open space consisting of second floor balconies. Some residences also have ground floor patios. The 16,808 sq. ft. of common open space is mostly located along the rear property line and include various recreational amenities such as a flexible green space and a dog play area (see Attachment 2, Exhibit C). Five smaller open space areas are located throughout the site and include a play area, flexible green space, courtyards with seating, and boardwalks over bioretention areas.

Landscaping is proposed throughout the site along the site perimeter, pedestrian walkways and sidewalks, and in the open space areas. The landscaping includes a diverse palette of trees, shrubs, and ground cover. Turf cell paving and decorative removable bollards are proposed at the emergency vehicle access (EVA) proposed at the southeast corner of the site adjacent to Cedar Boulevard. The streetscape along Cedar Boulevard includes street trees and a meandering sidewalk that will connect to the sidewalk that will be installed as part of the residential development recently entitled northwest of the site. The Project is also conditioned to include enhanced landscaping along the Project frontage that will require review and approval by the Community Development Director prior to the submittal of the improvement plans.

Fences and Walls
The Project includes an 18-foot-tall precast concrete sound wall with a stucco finish and plant pockets for vines. The sound wall will be constructed along the rear property line and wrap around the side property lines, stepping down from a height of 18 to 10 feet from the rear to the front of the site. The wall will assist with reducing highway noise levels for the Project as will be discussed later in the report. Fences and walls are also proposed throughout the development including stucco walls with brick caps for some patio areas and to screen alleys from the public right-of-way, wood rail fences in the open space area at the rear of the site, black metal railings for balconies, and a black metal fence to enclose the dog play area.

Parking
Multi-unit buildings are required to provide two parking spaces for a unit with two or more bedrooms and 0.5 guest parking spaces per unit pursuant to Newark Municipal Code (NMC) Section 17.23.040. Therefore, the Project requires a total of 190 parking spaces: 152 parking spaces for residents and 38 parking spaces for guests.

Additionally, a maximum of 25 percent (48 parking spaces) may be compact parking spaces pursuant to NMC Section 17.23.090.D.2.

With a total of 190 parking spaces proposed, the Project complies with the parking requirement. Each townhouse will include a two-car parking garage for a total of 152 residential parking spaces. A total of 38 guest parking spaces is proposed throughout the site as head-in and parallel parking spaces on the private roads and within the parking areas along the eastern property line and near the main entrance to the site.

Seven of the guest parking spaces will be compact parking spaces.

Packet Page 111
Short-term and long-term bicycle parking are also required for the Project. Pursuant to NMC Section 17.23.070, the Project is required to provide at least 10 short-term bicycle spaces and 16 long-term bicycle spaces. The Project includes a long-term bicycle storage area within each garage and five bicycle racks (each with a two-bicycle capacity). Three bicycle racks are proposed next to the play area and two bicycle racks are proposed next to the dog play area, both at the rear of the site.

Access and Circulation
The Project site will be accessed via a two-way driveway from the signalized intersection at Cedar Boulevard and Moores Avenue. A private road leading from the Cedar Boulevard and Moores Avenue intersection will serve as the central spine and alleyways will branch out to provide direct access to the two-car garages on the ground level of each townhouse. An EVA is proposed at the southeast corner of the site adjacent to Cedar Boulevard which will only be accessible to emergency vehicles.

Removable bollards will block access to this EVA when not in use.

Pedestrian circulation throughout the site will be provided via sidewalks and interconnected walkways. “Enhanced” walkways are proposed for walkways crossing roads and parking areas for the safety of pedestrians.

Utilities & Off-Site Improvements
The Project will include the off-site improvements below. The proposed improvements are illustrated on the Tract 8665 Vesting Tentative Map plans included as pages 19 to 26 in Attachment 2, Exhibit C of this report.

Widening of Cedar Boulevard on its northeast side along the site frontage that will accommodate two travel lanes, a bike lane and bike buffer, a parkway strip behind the curb, and a meandering sidewalk;

1. Extension of the existing Cedar Boulevard landscape median island toward the north to create a dedicated left turn pocket at the Cedar Boulevard and Moores Avenue intersection;

2. Utility relocation, including streetlights, fire hydrants, water meters, joint trench boxes as well as the existing storm drainage inlet behind the curb line located at the Project’s entrance;

3. Relocation of the existing traffic signal heads and pole in the southeast quadrant of the Cedar Boulevard and Moores Avenue intersection behind the new curb line;

4. New directional curb ramps at the Project entrance and new crosswalks on the eastern and northern legs of the Cedar Boulevard and Moores Avenue intersection;

5. Crosswalk restriping on the southern leg of the intersection to match the new directional curb ramp locations and pedestrian push button location and in the northeastern half of Cedar Boulevard to match the proposed lane widths;

6. Installation of a new Cedar Boulevard landscape median north of Moores Avenue intersection to create a dedicated left turn pocket into the Project’s entrance. The landscape median will connect to the new landscape median that will be constructed with the adjacent residential development that was recently entitled;

7. Packet Page 112
and
A traffic signal and crosswalk improvements at the Cedar Blvd and Smith Ave intersection. The adjacent residential development recently entitled is similarly conditioned to provide the traffic signal improvements at Cedar Boulevard and Smith Avenue. The Project includes a condition of approval that states that if, at the time of final map approval, the Applicant of the adjacent residential development has already provided guarantee(s) or other appropriate improvement security for the traffic signal, the Project will not be required to install the traffic signal (see Attachment 2, Exhibit B).

8. DISCUSSION/ANALYSIS
General Plan/Zoning Conformity
The Medium Density Residential General Plan designation is intended for garden apartments and condominiums, townhomes, row houses, four-plexes 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 within this designation range from 14 to 30 units per net acre. This designation is implemented through RM Residential Medium Density zoning district.

Pursuant to NMC Section 17.07.020, multi-unit development is permitted in the RM zoning district. The Project is a townhouse development with a proposed density of 20 units per net acre, where a minimum density of 14 to 30 units per acre is required.

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.

As proposed and conditioned, the Project complies with all applicable zoning regulations such as building height, parking, and open space. The Project is also consistent with all applicable 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-2.2 (Context-Sensitive Design) which requires that new structures are aesthetically compatible with existing structures and the surrounding context and contribute positively to the visual quality of neighborhoods. The Project’s consistency with applicable General Plan policies is further discussed in Attachment 2, Exhibit A of this report.

Requested Entitlements
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.

Packet Page 113
The proposed architectural style is a blend of Spanish and Mediterranean styles, creating a cohesive design that is both functional and complementary to the surrounding neighborhoods. The proposed building designs are well articulated and feature a variety of colors, materials, and decorative elements to create interesting facades and an attractive neighborhood and streetscape. The front entrances to the residences along the Project frontage are also oriented toward Cedar Boulevard.

Further, “enhanced” elevations with varying materials, colors, and decorative elements are proposed on the elevations facing Cedar Boulevard, the main entrance to the neighborhood, and I-880. The proposed landscaping and open space areas complement the buildings and will enhance the overall appearance of the site.

When conducting design review, projects shall be evaluated to ensure that they satisfy the criteria in NMC Section 17.34.060 to the extent that they apply. Based on staff’s analysis, the required findings can be made in the affirmative and are provided in Attachment 2, Exhibit A of this report.

Minor Use Permit for Building Height and Sound Wall Height The Applicant requests approval of a Minor Use Permit (MUP) to allow a maximum building height of 37 feet. Pursuant to NMC Section 17.07.030, the maximum building height within the RM zoning district is 75 feet, but building heights over 35 feet require an MUP. The proposed buildings are over 35 feet in height due to the proposed roof styles, a combination of parapet flat roofs and low-pitched roofs (4:12 to 5:12) with concrete “S” tiles. Pitched tile roofs are common in Spanish and Mediterranean architectural styles and are necessary to achieve the proposed architectural design.

The parapet flat roofs are also necessary to screen roof-mounted equipment.

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 Applicant requests approval of an MUP to construct an 18-foot-tall sound wall along the rear property line that will wrap around the side property lines, stepping down from a height of 18 to 10 feet from the rear to the front of the site to comply with General Plan Policy EH-7.4. This policy 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 environmental noise assessment prepared for the Project (see Attachment 2, Exhibit D, Appendix E-2) recommended an 18-foot-tall sound wall along I-880 to reduce exterior noise levels down to 65 dB. The sound wall is proposed as recommended in the assessment.

Based on staff’s analysis, the criteria for approval of an MUP for a proposed wall height over six feet and building height greater than 35 feet can be made in the affirmative and are provided in Attachment 2, Exhibit A of this report.

Vesting Tentative Map
The Applicant has submitted Vesting Tentative Tract Map 8665 which proposes to Packet Page 114
merge the 3.72-acre site consisting of two parcels and former City property into one common lot and 76 condominium units (see Attachment 2, Exhibit C). The proposed lot will include easements for emergency vehicle access, public access, public utilities, sanitary sewer, and water lines. An 8-foot-wide right-of-way dedication for Cedar Boulevard is also proposed at the front of the site. Pursuant to California Government Code Section 66474, a legislative body of a city or county shall deny approval of a tentative map if it makes any of the findings in this code section.

The proposed vesting tentative map is consistent with the General Plan in that the property is developed by street and parcel improvements in conformance with applicable goals and policies. The proposed vesting tentative map will meet the density requirement of the RM zoning district and land use designation. As proposed and conditioned, the vesting tentative map also complies with all applicable zoning regulations and is consistent with all applicable General Plan policies. The site is physically suitable for the development type and proposed density of development.

Further, the Project was reviewed pursuant to the California Environmental Quality Act, as will be discussed in the next section, and determined that it is eligible for a CEQA exemption and therefore exempt from further environmental review.

Based on staff’s analysis and as discussed, the findings provided in Attachment 2, Exhibit A support the approval of Vesting Tentative Tract Map 8665.

Community Meeting
The Applicant held a community meeting on April 17, 2023 at 6:00 pm at Pape Machinery located on the Project site. Notices were sent to property owners within 500 feet of the 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 was a total of three members of the public at the meeting. During the meeting, the Applicant presented the Project and answered questions about the proposed development. One member of the public was generally supportive of the Project. The other two members of the public reviewed the presentation materials but did not provide any verbal comments. No written comments were received.

Required Noticing
Pursuant to NMC Sections 17.31.060 and 17.35.050, on August 29, 2023, the City published a public hearing notice in The Tri City Voice and mailed a public hearing notice to all property owners within a minimum 500-foot radius of the site. All neighborhood and community organizations that filed a written request for notice of projects in the area where the site is located and all persons and groups who filed a written request for notice regarding the specific application also received a notice.

FISCAL IMPACT
As described in NMC Chapter 3.24, the City has established fees that are imposed Packet Page 115
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 2023-2024 fee schedule, the Project would be subject to the following impact fees:

Park Impact: $22,414.32/unit
Public Safety: $4,298/unit
Community Service/Facilities: $2,877.89/unit
Transportation: $3,219.93/townhome unit. Since the proposed traffic signal is identified as a priority improvement by the City, the Applicant will receive a Transportation Impact Fee credit for the total cost of the traffic signal improvements not to exceed $500,000 (see Condition of Approval nn.4 in Attachment 1, Exhibit C). If the applicant of the adjacent residential development (Robson Homes) has already provided guarantee(s) or other appropriate improvement security for the proposed traffic signal, the Applicant will not be required to install the traffic signal and therefore will not receive a Transportation Impact Fee credit.

Housing Impact: $24.95/sq. ft. for the first 1,000 sq. ft. and $10.00/sq. ft. above 1,000 sq. ft.

Art in Public Places: $270/unit
Community Development Maintenance Fee: 0.5% of construction value The Applicant will 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 2, Exhibit B).

ENVIRONMENTAL/PLANNING COMMISSION REVIEW
California Environmental Quality Act
Staff retained the consultant services of M-Group to determine if the Project is eligible for an exemption under the California Environmental Quality Act (CEQA). The CEQA analysis prepared by M-Group, dated July 2023, in accordance with the CEQA Guidelines evaluates the environmental impacts from the Project, included as Attachment 2, Exhibit D of this report. The CEQA analysis demonstrated that the Project is eligible for the following CEQA exemptions:

Consistency with Program EIR – Pursuant to CEQA Guidelines Section 15168 and California Public Resources Code Section 21083.3, the Final Environmental Impact Report (FEIR) for the 2013 General Plan provides for streamlining and/or tiering provisions. The CEQA analysis demonstrated that the Project will not result in substantial changes or involve new information that would warrant preparation of a subsequent EIR because the level of development proposed is within the development assumptions analyzed in the FEIR. No further environmental review is required.

Community Plan Exemption – Pursuant to CEQA Guidelines Section 15183 and California Public Resources Code Section 21083.3, the Project is eligible for streamlined environmental review. The Project is consistent with the General Plan and will not result in significant environmental impacts that were not previously Packet Page 116
identified as significant project-level, cumulative or off-site effects in the FEIR. The Project is exempt from further environmental review because it is consistent with the General Plan.

As discussed in the analysis, the Project is required to comply with applicable mitigation measures identified in the FEIR and conditions of approval (see Attachment 2, Exhibit C) and is subject to uniformly applied development standards. With the implementation of the required mitigation measures and conditions of approval, the Project will not result in a substantial increase in the severity or significant impacts that were previously identified in the FEIR, nor will the Project introduce any new significant impacts that were not previously identified. Therefore, there will be no additional environmental impacts beyond those analyzed in the FEIR.

Planning Commission
The Planning Commission considered the Project at a regular public hearing held on July 25, 2023. Two members of the public were in attendance. Staff and the Applicant presented and answered questions from the Planning Commission and the member of the public who provided comments.

The comments from the member of the public included questions about the property, rezoning history of properties along this section of Cedar Boulevard to RM Residential Medium Density, Newark's housing requirements, traffic, and maintenance of the proposed sound wall along I-880. Comments also included concerns regarding the amount of new development in Newark and its impact on traffic and pedestrian safety.

The Planning Commission and staff provided information on the rezoning history of Cedar Boulevard, the Regional Housing Needs Allocation (RHNA) and the Housing Element process, the traffic and signal warrant studies prepared for the Project, and the Applicant’s responsibility to maintain the proposed sound wall and contact Caltrans regarding their requirements. The Applicant also provided details on when they started pursuing the purchase of the Project site to when they submitted the entitlement application to the City.

After consideration of staff and the Applicant’s presentations, public comments, and discussions, the Planning Commission voted 5-0 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 - Plat Map of Project Site and City Property Resolution for Approval
Packet Page 117
Resolution for Approval
Exhibit A - Findings of Fact
Exhibit B - Conditions of Approval
Exhibit C - Project Plans
Exhibit D - CEQA Analysis
Staff Presentation
Applicant Presentation
Packet Page 118
ATTACHMENT
Parcel 2: A portion of TimberStreet owned in fee by the City Parcel 1: Conveyed to City by the State ofCalifornia in 1959 38600 Cedar Boulevard(APNs 092A-2585-012-01and 092A-2858-031) Packet Page 119
DR2022-011/MUP2022-026
Resolution No. ____ 1 of 3
RESOLUTION NO. ____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK FINDING THE PROJECT EXEMPT FROM

FURTHER ENVIRONMENTAL REVIEW PURSUANT TO
CEQA AND APPROVING DR2022-011 AND MUP2022-026, A

DESIGN REVIEW, MINOR USE PERMIT, AND VESTING
TENTATIVE MAP FOR A 76-UNIT RESIDENTIAL
DEVELOPMENT LOCATED AT 38600 CEDAR BOULEVARD
(APNS 92A-2585-12-1, 92A-2585-31)
WHEREAS, Waymark Development LLC (the “Applicant”), has filed with the City of Newark an application for a Design Review, Minor Use Permit, and Vesting Tentative Map to construct a 76-unit townhouse development on a 3.72-acre site located at 38600 Cedar Boulevard (APNs 92A-2585-12-1, 92A-2585-31) (the “Property”) (the “Project” as illustrated in Exhibit C); and
WHEREAS, the Applicant proposes to demolish the commercial buildings and site improvements; and
WHEREAS, the Property includes portions of excess City right-of-way and a street remnant of Timber Street (formerly Cedar Road) (the “City Property”) located between the two parcels and Interstate 880 (“I-880”), totaling approximately 12,054 square feet. On February 23, 2023, the City Council authorized the City Manager to execute a Purchase Sale Agreement (the “PSA”) with the property owner to complete the sale and conveyance of the City property, at fair market value, to be incorporated into the Project. The PSA requires that the purchase of the City property be completed within 120 days after the City Council’s approval of the Project, or such earlier date as mutually agreed upon by the City and property owner; and WHEREAS, the Applicant seeks Design Review approval, which pursuant to Newark Municipal Code (“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 a Minor Use Permit (“MUP”) for a proposed sound wall of up to 18 feet tall along the rear property line that will wrap around the side property lines, 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 an MUP for a proposed building height of 37 feet, which pursuant to NMC Section 17.07.030, requires an MUP for building heights over 35 feet in the Residential Medium Density zoning district; and
WHEREAS, the Applicant seeks approval of Vesting Tentative Tract Map 8665 pursuant to California Government Code Section 66474 to allow for the construction of the Project. Vesting Packet Page 120
DR2022-011/MUP2022-026
Resolution No. ____ 2 of 3
Tentative Tract Map 8665 includes the merger of the two existing parcels and City property (approximately 12,054 square feet) into one 3.72-acre common lot and 75 condominium units.

Vesting Tentative Tract Map 8665 includes easements for emergency vehicle access, public access, public utilities, sanitary sewer, and water lines and an 8-foot-wide right-of-way dedication for Cedar Boulevard at the front of the Project site; and WHEREAS, a CEQA analysis was prepared as set forth in Exhibit D to evaluate the environmental impacts of the Project in accordance with the California Environmental Quality Act (the "CEQA") Guidelines. With implementation of the applicable mitigation measures identified in the Final Environmental Impact Report (the “FEIR”) for the 2013 General Plan and conditions of approval as set forth in Exhibit B, the CEQA analysis determined and demonstrated that the Project is exempt from further environmental review pursuant to CEQA Guidelines Sections 15168 and 15183 and California Public Resources Code Section 21083.3 because the level of development proposed is within the development assumptions analyzed in the FEIR and the Project is consistent with the General Plan; and
WHEREAS, the Planning Commission held a duly noticed public hearing on July 25, 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
WHEREAS, pursuant to NMC Sections 17.31.060 and 17.35.050, a public hearing notice was published in The Tri-City Voice on August 29, 2023 and mailed as required for a public hearing before the City Council at, or after, 7:00 p.m. on September 14, 2023; and WHEREAS, the City Council held a duly noticed public hearing on September 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; and
WHEREAS, the City Council finds that the staff report, exemptions from CEQA, and standards for approval reflect the City’s independent judgement and analysis of the Project; and WHEREAS, the City Council finds that the Project conforms with the City’s General Plan and Zoning Code for which are incorporated herein by reference and are available for review at City Hall during normal business hours and on the City’s website; 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.

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. That the Project is exempt from further environmental review pursuant to CEQA Guidelines Sections 15168 and 15183 and California Public Resources Code Section 21083.3 Packet Page 121
DR2022-011/MUP2022-026
Resolution No. ____ 3 of 3
because the level of development proposed is within the development assumptions analyzed in the FEIR and the Project is consistent with the General Plan.

Section 2. That the City Council hereby makes the necessary findings and determinations required by the NMC to approve a Design Review, Minor Use Permit, and 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 3. Based on the findings and determinations, the City Council hereby approves DR2022- 011 and MUP2022-026 for a Design Review, Minor Use Permit, and Vesting Tentative Map for a 76-unit townhouse development on a 3.72-acre site located at 38600 Cedar Boulevard (APNs 92A2585-12-1, 92A-2585-31), subject to the Conditions of Approval, as further set forth in Exhibit B attached hereto and incorporated herein by this reference.

This Resolution was introduced at the City of Newark City Council’s September 14, 2023 regular meeting by Council Member _________________________, seconded by Council Member _________________________, and passed as follows:

Attachments
Exhibit A – Findings of Fact
Exhibit B – Conditions of Approval
Exhibit C – Project Plans
Exhibit D – CEQA Analysis
Packet Page 122
Exhibit A

FINDINGS OF FACT
DR2022-011 and MUP2022-026
38600 Cedar Boulevard
Alameda County Assessor’s Parcel Numbers APNs 92A-2585-12-1, 92A-2585-31 Design Review (NMC Section 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 proposed architectural design is a blend of Spanish and Mediterranean styles, creating a cohesive design that is both functional and complementary to the surrounding neighborhoods. The proposed building designs are well articulated and feature a variety of colors, materials, and decorative elements to create interesting facades that will enhance the neighborhood and streetscape. The front entrances to the residences along the Project frontage are also oriented toward Cedar Boulevard. Further, “enhanced” elevations with varying materials, colors, and decorative elements are proposed on the elevations facing Cedar Boulevard, the main entrance to the neighborhood, and I-880.

The proposed landscaping and open space areas complement the buildings and enhance the Project site and the surrounding natural and built environment. The common open space areas include various amenities such as flexible green space, a dog play area, courtyards with seating, and boardwalks over bioretention areas. The landscaping for the Project features a diverse palette of trees, shrubs, and ground cover. Planting pockets with accent plantings are proposed along the sidewalks and walkways within the site. Turf cell paving and decorative removable bollards are proposed at the emergency vehicle access (EVA) at the southeast corner of the site adjacent to Cedar Boulevard. The streetscape along Cedar Boulevard includes street trees and a meandering sidewalk that will connect to the sidewalk that will be installed as part of the residential development proposed by Robson Homes recently entitled northwest of the Project site. The Project has also been conditioned to include enhanced landscaping along the Project frontage that will require review and approval by the Community Development Director prior to the submittal of the improvement plans.

This finding can be made in the affirmative.

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 are three stories with habitable floor areas ranging from 1,334 to Packet Page 123
Exhibit A: Findings of Fact
2 of 12
1,823 square feet (sq. ft.). The proposed floor plans and elevations provide a variety of massing, wall breaks, colors, and materials. A large open space area is proposed at the rear of the Project site and includes various recreational amenities such as a flexible green space and a dog play area. Smaller pockets of open space areas are also proposed throughout the site and include various amenities such as a play area, flexible green space and courtyards with seating, and boardwalks over bioretention areas. All open space areas will be available for the enjoyment of the future residents and guests.

The Project also includes sidewalks and interconnected walkways as well as “enhanced” walkways for road crossings 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 new street trees and a meandering sidewalk that would connect to the sidewalk that will be installed as part of the residential development recently entitled northwest of the Project site. The landscaping proposed along the Project frontage will also require review and approval by the Community Development Director prior to the submittal of the improvement plans to ensure the installed enhances the streetscape and improves the overall site and neighborhood. 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 proposed buildings include attractive and high-quality colors and materials such as stucco, brick and an earth-toned color palette. The proposed landscaping includes a diverse palette of trees, shrubs, and ground cover that complement the building and site design and are 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 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 such as a residential development known as Cedar Townhomes on Cedar Boulevard and Robertson Avenue. A residential development proposed by Robson Homes was also recently approved by the City Council in May 2023. Further, an existing single-family residential neighborhood is located across the Project site on the other side of Cedar Boulevard. With the exception of a few properties with existing commercial, school, and church uses, the Project site is generally surrounded by residential uses.

The proposed streetscape design is consistent with the intended character of the area. As mentioned previously, the proposed streetscape along Cedar Boulevard includes street trees and a meandering sidewalk that will connect to the residential development recently entitled northwest of the Project site. The Project also includes offsite improvements that will enhance and be compatible with the character of the area such as the widening of Cedar Packet Page 124
Exhibit A: Findings of Fact
3 of 12
Boulevard on the northeast side along the Project site frontage to accommodate travel lanes, a bike lane and bike buffer, and a parkway strip, 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 minimizing stormwater run-off and the heat-island effect; and achieve a safe, efficient, and harmonious development.

The City’s off-street parking requirement is satisfied by the provision of 152 residential parking spaces (a two-car garage for each unit) and 38 guest parking spaces throughout the site including head-in and parallel parking spaces on the private roads and within the parking areas onsite. The parking spaces will be accessed via a driveway on Cedar Boulevard and the private streets and alleys throughout the Project site. Pedestrian circulation is achieved via sidewalks and interconnected pathways throughout the Project site. “Enhanced” walkways are proposed for walkways crossing roads and parking areas for the safety of pedestrians.

Landscaping along the site perimeter and throughout the site and planting pockets 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. Low stucco walls with brick caps are also proposed at various locations along the Project frontage to screen the alleys from Cedar Boulevard. Further, bioretention areas will also be installed within open space areas and along the Project frontage 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 includes exterior wall-mounted lighting on the ground level of the proposed residences, pole-mounted lighting along Cedar Boulevard and throughout the site, and bollard lighting along the walkways. To ensure pedestrian safety, the proposed lighting will provide adequate light at building entrances, garages, walkways, and parking areas. The Project is conditioned to require all exterior lighting to not create glare off-site and comply with all applicable regulations in NMC Section 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 includes landscaping around the site boundaries, open space areas, parking 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 Packet Page 125
Exhibit A: Findings of Fact
4 of 12
pedestrians walking on the sidewalks along the Project frontage. The diverse landscaping palette is compatible with the proposed architectural design, allowing them to relate to the surrounding landscape. The Project is required to conform to all state and local landscaping regulations and water conservation standards. This finding can be made in the affirmative.

Minor Use Permit for Building Height (NMC Section 17.35.060) The decision-maker must make all of the following findings in order to approve or conditionally approve a use permit application:

A. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this title and all other titles of the Municipal Code.

The proposed townhouse development with a proposed density of 20 units per net acre is allowed pursuant to NMC Section 17.07.020. As proposed and conditioned, the Project complies with all applicable zoning regulations such as building height, parking, and open space. This finding can be made in the affirmative.

B. The proposed use is consistent with the general plan and any applicable specific plan.

The Project has a Medium Density Residential General Plan designation which 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 within this designation range from 14 to 30 units per net acre. The Applicant is proposing a townhouse development with a density of 20 units per net acre, which is consistent with the General Plan designation.

The 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-2.2 Context-Sensitive Design – Require that new structures, additions, and major renovations are aesthetically compatible with existing structures and the surrounding context, and contribute positively to the visual quality of neighborhoods.

The Project is designed to be both functional and complementary to the surrounding neighborhoods to ensure aesthetic compatibility with existing structures and the surrounding area.
• 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 Packet Page 126
Exhibit A: Findings of Fact
5 of 12
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 vesting tentative map includes an eight-foot-wide public-right-of-way dedication for street and utility improvements and streetscape enhancements. The Project also includes a meandering sidewalk along the Project frontage that would connect to the sidewalk that will be installed as part of the residential development recently entitled northwest of the Project site.
• 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 appendices in Exhibit D) concluded that traffic generated by the Project will not cause an increase in vehicle miles traveled that will exceed applicable thresholds and will have less than adverse impacts on al the intersections studied. A traffic signal warrant assessment (see appendices in Exhibit D) was also prepared and concluded a traffic signal should be installed at the intersection of Cedar Boulevard and Smith Avenue. 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 D) was used for the environmental analysis (see Exhibit D) for the Project. As conditioned, the Project will be cleaned to regulatory agency standards as required by the applicable regulatory agencies.
• 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 sound wall along the rear property line that will wrap around the side property lines will reduce exterior noise levels up to 65 dB, which is the extent feasible due to the adjacent freeway.
• 2015 Housing Element Update Housing Priority #2 – Assist in the development of Packet Page 127
Exhibit A: Findings of Fact
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housing opportunities and accessibility for all economic levels in the City. The Project will create 76 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 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.

C. The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements.

The Project includes demolition of the existing buildings and site improvements onsite and construction of 76 townhouses within 14 buildings and associated improvements. The Project has been designed to be both functional and complementary to the surrounding neighborhoods and includes a diverse landscape palette that complements the building and site design. The Project will be accessed via a two-way driveway at the Cedar Boulevard and Moores Avenue intersection and an Emergency Vehicle Access Point (EVA) proposed at the southeast corner of the site adjacent to Cedar Boulevard. Clearly marked walkways and vehicular driveways and aisles are also proposed throughout the site to ensure pedestrians and vehicles can travel throughout the site in a safe and efficient manner. The construction of the buildings and site improvements will require compliance with all applicable local and state regulations such as the California Building Code and Fire Code.

The Applicant requests approval of a Minor Use Permit (MUP) to allow a maximum building height of 37 feet. Pursuant to NMC Section 17.07.030, the maximum building height within the RM zoning district is 75 feet, but building heights over 35 feet require an MUP. The proposed buildings are over 35 feet in height due to the proposed roof styles, a combination of parapet flat roofs and low-pitched roofs (4:12 to 5:12) with concrete “S” tiles. Pitched tile roofs are common in Spanish and Mediterranean architectural styles and are necessary to achieve the proposed architectural design. The parapet flat roofs are also necessary to screen roof-mounted equipment.

The Project provides a new housing opportunity in Newark and enhances the site’s overall appearance and the surrounding neighborhood. The Applicant is also required to pay development impact fees such as the Housing Impact Fee and Community Service/Facilities fees to help pay for the costs of providing public services to the new development and specifically for the Housing Impact Fee, help fund the City’s affordable housing initiatives and programs.

Therefore, the use will not be adverse to the public health, safety, or general welfare of the community nor detrimental to surrounding properties or improvements. This finding can be made in the affirmative.

D. Tax revenue generated by the development will exceed the city's cost of the service demand as a result of the development or a compelling community benefit will be provided.

Packet Page 128
Exhibit A: Findings of Fact
7 of 12
The Project will redevelop a commercial site with a residential use which will increase the City’s property tax base by increasing the property’s value. This finding can be made in the affirmative.

E. The proposed use complies with any design or development standards applicable to the zoning district or the use in question unless waived or modified pursuant to the provisions of this title.

As discussed previously and illustrated in the Project plans (see Exhibit C), the Project complies with all applicable design and development standards in the Zoning Code. This finding can be made in the affirmative.

F. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity.

The Project site is in the RM Residential Medium Density zoning district which allows multi-unit development such as townhouses. The proposed density of 20 units per net acre also complies with the required density of 14 to 30 units per net acre in this zoning district.

The site is surrounded by commercial, industrial, and residential uses. Several residential uses are located within the Project vicinity such as the single-family residential neighborhood located on the southwest side of Cedar Boulevard, a residential development recently entitled with a similar housing type (three-story, alley-loaded single-family residences and two-unit townhouses) that will be located northwest of the ACFCWCD flood control channel, and existing residential uses with similar housing types along Cedar Boulevard to the northwest and southeast known as Cedar Townhomes and the Prima Subdivision, respectively. Therefore, the design, location, size, and operating characteristics of the proposed Project are compatible with the existing and foreseeable future land uses in the vicinity. This finding can be made in the affirmative.

G. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints.

The Project site complies with all applicable standards for development within the RM Residential Medium Density zoning district. A multi-unit development is permitted by right. Staff reviewed the Project including the use change from commercial to residential and the project components such as site design, access and circulation, and utilities. Staff also reviewed the proposed entitlement requests. Based on staff’s analysis as detailed in the staff report and this exhibit, the site is physically suitable for the type, density, and intensity of use being proposed. This finding can be made in the affirmative.

Minor Use Permit for Additional Wall Height (NMC Sections 17.17.040 and 17.35.060) 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. Pursuant to NMC Section 17.17.040, a wall height greater than six feet may be approved with a Minor Use Permit if in compliance with the following:

Packet Page 129
Exhibit A: Findings of Fact
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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.

The Project includes an 18-foot-tall precast concrete sound wall along the rear property line that wraps around the side property lines, stepping down from a height of 18 to 10 feet from the rear to the front of the Project site. The proposed sound wall is required to comply with 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 environmental noise assessment prepared for the Project (see Exhibit D) recommended an 18-foot-tall sound wall along I-880 to reduce exterior noise levels up to 65 dB. The sound wall is proposed as recommended in the assessment. While the additional height may block natural light, the proposed wall will reduce noise from and screen the adjacent highway (I-880), which will benefit 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 is proposed at the rear of the property and will abut I-880 and match the existing walls along the I-880 corridor. The height of the proposed sound wall steps down along the side property lines from the rear to the front of the Project site to a height typical for side yards on residential properties. The proposed streetscape along Cedar Boulevard includes new street trees and a meandering sidewalk.

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 residents 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.

Pursuant to NMC Section 17.35.060, the decision-maker must make all of the following findings in order to approve or conditionally approve a use permit application:

A. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this title and all other titles of the Municipal Code.

The proposed density of 20 units per net acre is permitted pursuant to NMC Section

17.07.020. As proposed and conditioned, the Project complies with all applicable zoning regulations. This finding can be made in the affirmative.

B. The proposed use is consistent with the general plan and any applicable specific plan.

Packet Page 130
Exhibit A: Findings of Fact
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The Project has a Medium Density Residential General Plan designation and densities in areas within this designation range from 14 to 30 units per net acre. The Applicant is proposing a townhouse development a density of 20 units per net acre and therefore is consistent with the General Plan designation. As discussed previously, the Project is consistent with all applicable General Plan goals, policies, and actions.

C. The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements.

As discussed previously, the Project has been designed to be both functional and complementary to the surrounding neighborhoods, includes a diverse landscape palette that complements the building and site design, and will require compliance with all applicable local and state regulations such as the California Building Code and Fire Code. The Project will be accessed via a two-way driveway at the Cedar Boulevard and Moores Avenue intersection and an EVA proposed at the southeast corner of the site adjacent to Cedar Boulevard. Clearly marked walkways and vehicular driveways and aisles are also proposed throughout the site to ensure pedestrians and vehicles can travel throughout the site in a safe and efficient manner.

The Applicant requests approval of an MUP to construct an 18-foot-tall precast concrete sound wall along the rear property line that wraps around the side property lines, stepping down from a height of 18 to 10 feet from the rear to the front of the Project site. As discussed previously, the proposed sound wall is required to comply with General Plan Policy EH-7.4 and will reduce exterior noise levels up to 65 dB.

The Project will provide housing opportunities in Newark and enhance the overall appearance of the site and surrounding neighborhood. The Applicant is also required to pay development impact fees to help pay for the costs of providing public services to the new development.

D. Tax revenue generated by the development will exceed the city's cost of the service demand as a result of the development or a compelling community benefit will be provided.

As discussed previously, the Project will redevelop a commercial site with a residential use.

This change in use will increase the City’s property tax base by increasing the value of the property. This finding can be made in the affirmative.

E. The proposed use complies with any design or development standards applicable to the zoning district or the use in question unless waived or modified pursuant to the provisions of this title.

Packet Page 131
Exhibit A: Findings of Fact
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As discussed previously and illustrated in the Project plans (see Exhibit C), the Project complies with all applicable design and development standards in the Zoning Code. This finding can be made in the affirmative.

F. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity.

The Project, multi-unit development with a density of 20 units per net acre, is permitted in the RM Residential Medium Density zoning district, the zoning district for the Project site. which allows multi-unit development such as townhouses. As discussed previously, several residential uses are located within the Project vicinity. A residential development recently entitled with a similar housing type will also be constructed northwest of the ACFCWCD flood control channel. Therefore, the design, location, size, and operating characteristics of the proposed Project are compatible with the existing and foreseeable future land uses in the vicinity. This finding can be made in the affirmative.

G. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints.

As discussed previously, the Project site complies with all applicable zoning standards and the proposed use, a multi-unit development, is permitted by right. Based on staff’s analysis of the Project as detailed in the staff report and this exhibit, the site is physically suitable for the type, density, and intensity of use being proposed. This finding can be made in the affirmative.

Vesting Tentative Map (California Government Code Section 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 Section 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 map is required to abide by all applicable goals and policies included in the adopted General Plan. Generally, the proposed vesting tentative map is consistent with the General Plan in that the property is developed by street and parcel improvements in conformance with applicable goals and policies. The Project is consistent with many of Newark’s General Plan goals, policies, and actions as discussed in the Minor Use Permit section above. 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.

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Exhibit A: Findings of Fact
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The Project 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 Project will be constructed per the approved plans and satisfy the conditions of approval included in this resolution (provided in Exhibit B).

Further, the Project includes an eight-foot-wide street dedication which will contribute towards public improvements and help improve pedestrian connectivity on Cedar Boulevard. Therefore, the proposed vesting tentative map 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-shaped site consisting of two parcels. The site also includes portions of excess City right-of-way and a street remnant of Timber Street (formerly Cedar Road) located between the two parcels and Interstate 880 (I-880) that will be purchased by the property owner to be included with the Project site within 120 days of Project approval, or such earlier date as mutually agreed upon by the City and property owner. The site is bounded by a ACFCWCD flood control channel to the northwest, I-880 to the northeast, a motel (EZ 8 Motel) to the southeast, and Cedar Boulevard to the southwest. The site is surrounded by commercial, industrial, and residential uses. A residential development proposed by Robson Homes northwest of the flood control channel was recently approved by the City Council in May 2023. The site is generally flat and currently contains several commercial buildings and paved areas for circulation and parking. The site is surrounded by commercial, industrial, and residential uses. Based on the technical studies prepared for the Project (see the appendices attached to Exhibit D), the site is physically suitable for the proposed residential development and with the implementation of the conditions of approval in Exhibit B. This finding can be made in the negative.

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

The Project will meet 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. Therefore, this finding can be made in the negative.

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 determine if the Project is eligible for an exemption under the California Environmental Quality Act (CEQA). The CEQA analysis prepared by M-Group dated July 2023 in accordance with CEQA Guidelines evaluates the environmental impacts from the Project (see Exhibit D). The analysis demonstrated that the Project is exempt from further environmental review pursuant to CEQA Guidelines Sections 15168 and 15183 and California Public Resources Code Section 21083.3. With the implementation of the required mitigation measures and conditions of approval (see Exhibit B), the analysis demonstrated that the Project is consistent with the General Plan and will not result in significant environmental impacts that were not previously identified as significant project-level, cumulative or offsite effects Packet Page 133
Exhibit A: Findings of Fact
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in the Final Environmental Impact Report (FEIR) for the 2013 General Plan. Therefore, as conditioned, the design of the proposed vesting tentative 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 conditions of approval (see Exhibit B) 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 the applicable development standards of the Zoning Code. 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.

As conditioned, the Project does not conflict with any easements or be in a public right-ofway. The proposed vesting tentative map includes easements for emergency vehicle access, public access, public utilities, sanitary sewer, and water lines. 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 proposed map does 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: CONDITIONS OF APPROVAL
DR2022-011, MUP2022-026
38600 Cedar Boulevard
Alameda County Assessor’s Parcel Numbers 92A-2585-12-1, 92A-2585-31 Planning Division
a. All conditions of approval for this project shall be printed on the approved project plans. b. The owner of the project site, Cedar Blvd Townhomes, LLC, in coordination with the applicant, shall comply with the Purchase and Sale Agreement for the sale of the two Cityowned segments located between the project site and Interstate 880. Per the Purchase and Sale Agreement, the Closing Date is 120 days after the City Council’s approval of the project, or such earlier date as mutually agreed by both parties. c. The project shall implement the mitigation measures from the LSA Air Quality and Greenhouse Gas Analysis dated November 7, 2022, or as amended. Prior to the issuance of a building permit, the applicant shall submit documentation showing how the project will implement the mitigation measures to the Community Development Director for review and approval.
d. The project shall implement the recommendations from the Salter Environmental Noise Assessment dated November 11, 2022, or as amended, and Salter Environmental Review of Construction Nosie Memo dated March 10, 2023, 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 applicant is responsible for coordinating any work related to the bus stop at Cedar Boulevard and Moores Avenue (Stop ID# 51102) with AC Transit such as removal and relocation of any bus stop poles.
f. Compact parking spaces shall be labeled “compact” pursuant to NMC §17.23.090.D (Parking Area Design and Development Standards).
g. The applicant shall contact the agencies with rights to the easements on the Project site and confirm what structures and improvements are permitted within the easements prior to submittal of the improvement plans. If any modifications to the project plans are required after consultation with these agencies, the modifications shall be submitted to the Community Development Director for review and approval prior to building permit submittal.
h. The proposed short-term bicycle parking shall comply with all applicable regulations in NMC §17.23.070 (Bicycle Parking).

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i. A long-term bicycle parking space shall be included in the garage of each unit and shall not obstruct the required dimensions of the garage parking spaces. Long-term bicycle parking shall comply with all applicable regulations in NMC §17.23.070 (Bicycle Parking). j. The proposed outdoor recreational amenities such as play structures and equipment shall substantially match the approved project plans. Any proposed modifications shall be submitted to the Community Development Director for review and approval prior to building permit submittal.
k. The landscape plans submitted for building permit review shall substantially match the approved project plans and shall demonstrate compliance with NMC Chapter 17.21 (Landscaping) and §17.23.090 (Parking Area Design and Development Standards). The landscaping along the Cedar Boulevard frontage including landscaping between the buildings and public right-of-way and in the open space areas visible from the public rightof-way shall be enhanced landscaping and shall require review and approval by the Community Development Director prior to submittal of the improvement plans. l. Trees between the buildings along Cedar Boulevard and the public right-of-way shall be a minimum 24-inch box size.
m. 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. n. 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) and be approved by the Community Development Director.
o. 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. p. All exterior lighting shall comply with all applicable regulations in NMC §17.17.060 (Lighting and Illumination) and NMC Chapter 17.23 (Parking and Loading). All exterior lighting shall be directed on-site so as not to create glare off-site, as required by the Community Development Director.
q. 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.
r. Parking lot cleaning with sweeping or vacuum equipment shall not be permitted between 7:00 p.m. and 7:00 a.m.

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s. 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. Waste and recycling containers shall 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 and repair of all outdoor recreational amenities such as play structures and equipment.

6. 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.

7. The homeowner’s association shall be responsible for maintenance of all parking lots, including landscaped areas, driveways, and loading areas. The parking lots shall be free of refuse, debris, or other accumulated matter and shall be kept in good repair at all times.

8. Guest parking spaces shall be clearly marked as reserved for guests and available with unrestricted access.

9. Exterior changes including, but not limited to, paint, landscaping, hardscape, and windows and doors, are prohibited unless expressly approved by the City. t. Prior to the issuance of a building permit, any changes to the approved color elevations, floor plans, and/or fence and wall details shall be reviewed and approved by the Community Development Director.
u. With the exception of the proposed sound wall, fences and walls within the required front yard of the Project site shall be limited to a maximum of three feet in height pursuant to NMC §17.17.040 (Fences and Freestanding Walls).
v. 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 of similar noncombustible material. Mansard roofs with the above material may be used to Packet Page 137
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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. w. 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. x. 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. y. 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.
z. 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. aa. 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.
bb. 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). cc. 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 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.
dd. 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.

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ee. 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).
ff. Prior to the issuance of a building permit, the applicant shall pay all applicable impact fees in the amount in effect at the time. If the applicant is eligible for a Transportation Impact Fee credit pursuant to Condition “nn” as determined by the City Engineer, the Transportation Impact Fee will be adjusted accordingly as determined by the City Engineer.
gg. The approval or conditional approval of the tentative map shall expire 24 months from the date the map was approved or conditionally approved pursuant to NMC §16.08.070 (Tentative Map). The approved or conditionally approved map may be granted additional period(s) of time as permitted by the Subdivision Map Act. hh. Any permit granted under NMC Title 17 (Zoning) shall automatically expire if it is not exercised or extended within two years of its approval pursuant to NMC §17.31.130 (Expiration and Extension).

Engineering Division
ii. The project shall conform to Vesting Tentative Map – Tract 8665, Sheets 1 through 8, 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.
jj. 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.
kk. 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. ll. 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.

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mm. 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 the map boundary in accordance with the tract improvement plans to be approved by the City Engineer.
nn. 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 8 feet of right-of-way and install street improvements including, but not limited to, project driveways, 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. The Cedar Boulevard median, north of Moores Avenue, shall be connected to the landscape median installed by the adjacent development.

2. A modified City standard Type-S driveway cut shall be constructed at the project entrance 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.

The adjacent residential development to the west of this project is similarly conditioned to provide the traffic signal improvements at Cedar Boulevard and Smith Avenue. If, at the time of final map approval, the other developer has already provided guarantee(s) or other appropriate improvement security for the traffic signal, the project will not be required to install the traffic signal, the project will not be eligible for any traffic impact fee (TIF) reimbursement and the normal traffic impact fees will need to be paid during Building Permit issuance.

If the traffic signal is not operational prior to issuance of the first Certificate of Packet Page 140
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Occupancy for any residential unit due to manufacturing or delivery delays of the long lead items for either developer, the applicant and the City Engineer shall discuss an alternative option to implement until the traffic signal is operation. The alternative option is subject to approval by the City Engineer. All costs to fund the alternative option shall be funded by the applicant.

4. The traffic signal at the intersection of Cedar Boulevard and Smith Avenue is identified as a priority improvement by the City and the applicant that installs the traffic signal is entitled to a traffic impact fee credit for the total cost of the traffic signal improvements not to exceed $500,000. The final scope and cost of the traffic signal improvement is subject to review and approval by the City Engineer.

The traffic signal shall be operational prior to the issuance of the first Certificate of Occupancy for any residential unit. If this project installs the traffic signal, the applicant is eligible for a waiver of Transportation Impact Fees and cash, with a cap of up to $500,000 (final cost of traffic signal cost subject to review and approval by the City Engineer). The cash portion is calculated as total traffic signal approved cost minus the project’s Transportation Impact Fees. The applicant will receive the cash portion upon the traffic signal turn-on.

The traffic impact fee cost for each building permit will be deducted from the approved total credit of up to $500,000 until depleted.

Since the traffic signal improvement work is considered a “public works” project under Labor Code section 1720 and public funds will be paid, in whole or in part, for the traffic signal improvements, the applicant will be required payment of prevailing wages to workers employed for the construction of the traffic signal improvement work.

5. Existing streetlights along Cedar Boulevard shall be upgraded to LED heads. A photometrics plan showing that at least a 0.12fc coverage is provided with the LED heads.

6. Any decorative pavement features for the Cedar Boulevard driveway shall be placed behind the right-of-way.

7. The applicant shall coordinate with AC Transit regarding whether to relocate the bus stop west of the Moores Avenue intersection on Cedar Boulevard. The location of the bus stop, as approved by AC Transit, shall be shown on the improvement plans prior to final map approval. No approval is required for the bus stop staying in the as-is location with the project. The applicant shall provide to the City correspondence(s) to confirm the discussions with AC Transit relating to this condition.
oo. Prior to final map approval, the applicant shall apply and receive approval for a conditional letter of map revision based on fill (CLOMR- F) from the Federal Emergency Management Packet Page 141
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Agency (FEMA). The CLOMR-F shall be based upon the project grading plan and shall conclude that the structures for human occupancy will be removed from the special flood hazard area (SFHA). Prior to occupancy of any buildings within the SFHA, the developer shall apply and receive approval of a letter of map revision based on fill (LOMR-F) from FEMA. On July 1, 2023, FEMA temporarily suspended the processing of CLOMR-Fs and LOMR-Fs. If, prior to final map approval, the temporary suspension of CLOMR-Fs and LOMR-Fs is still in effect, the CLOMR-F application to FEMA shall be deferred and applied for as soon as the temporary suspension is lifted. If, prior to occupancy, the temporary suspension of CLOMR-Fs and LOMR-Fs is still in effect, the applicant shall provide complete Elevation Certificates demonstrating that the property for occupancy is outside the Special Flood Hazard Area. Prior to tract acceptance, if the temporary suspension of CLOMR-Fs and LOMR-Fs is still in effect, the applicant shall submit the LOMR-F application package to the City or enter into a deferred agreement with the City for preparing and processing the LOMR-F application package once FEMA lifts the suspension. For either option, the cost of the preparation and fees associated with the FEMA LOMR-F application shall be paid for by the applicant. pp. Prior to final map approval, existing buildings within the project boundary shall be demolished. Applicant shall apply and receive a building permit and obtain a permit final for the demolition.
qq. 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. rr. 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.
ss. 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. tt. 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 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 Packet Page 142
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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. uu. All improvements at the ‘A’ Street and Cedar Boulevard driveway entrance 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. vv. 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. ww. 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 R2-2022-0018, revised July 1, 2022, issued to the City of Newark by the Regional Water Quality Control Board, San Francisco Bay Region. xx. 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. yy. 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 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 Packet Page 143
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satisfied.
zz. 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.
aaa. 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. bbb. 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. ccc. 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 sweepers shall vacuum up excess water to avoid runoff-related impacts to water quality.

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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.
ddd. 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. eee. Prior to or concurrently with the first submittal of the final map and improvement plans, the applicant shall provide specific recommendations to mitigate identified seismic hazards discussed in the City’s Geotechnical Consultant’s letter dated June 14, 2023. The applicant’s Geotechnical Consultant shall submit a letter-report addressing the items identified in the June 14, 2023 letter to the City for review by the City’s Geotechnical Consultant. The applicant shall pay for all costs associated with the geotechnical peer review per the City’s Master Fee Schedule.
fff. 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.
ggg. 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. hhh. 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 145
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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.
iii. 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.
jjj. 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. kkk. The applicant shall remove the existing joint utility pole and anchor pole and underground existing overhead lines along the Cedar Boulevard frontage. The overhead alignment on the Moores Avenue right-of-way shall be undergrounded from the project to the next overhead pole near Wintergreen Drive. Additionally, the applicant shall underground existing overhead lines along the northern boundary and within the project site. All existing overhead lines between the subdivisions on both sides of the Alameda County Flood Control channel shall be removed.
lll. 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. mmm. 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. nnn. 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.

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ooo. 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 (grind and overlay) from curb to curb between the two furthest utility cuts to the satisfaction of the City Engineer. All pavement restoration and resurfacing shall be completed concurrent with site development.
ppp. 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. qqq. 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. rrr. 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, 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 common expenses incurred by 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. sss. 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. Prior to tract acceptance, the applicant shall provide the City Packet Page 147
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a copy of the recorded CC&Rs.
ttt. 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 assessment costs.
uuu. 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. vvv. 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.)
www. 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.
xxx. The applicant is to provide a complete set of as-built improvement plans and a copy of the project geotechnical report and recorded Final Map to the Homeowners Association prior to tract acceptance.
yyy. 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. zzz. 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 in the City that are substantially similar to the Packet Page 148
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Project in terms of product type; (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.”) Enforcement by City: If the Association fails to Maintain the Common Area, or if the Association fails to enforce any of the provisions in which the City has interest, 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. If the City determines that the Association has not performed required maintenance of a Common Area improvement, then the City shall provide the Association with written notice explaining the work that needs to be performed. If the Association does not complete the work within sixty (60) days of delivery of the written notice (or if the Association has not commenced the work within such period if the maintenance work cannot reasonably be completed within such period), then the City may enter and perform the required maintenance work. The City shall invoice the Association for the City’s actual costs to perform the maintenance work. Association shall pay the City’s invoice within thirty (30) days of the delivery of the invoice.
aaaa. 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. bbbb. 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.
cccc. 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. dddd. 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.”
eeee. Reflective address signs shall be provided at each court 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.

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Landscape Division
ffff. 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. gggg. All landscape maintenance on-site and along the project frontage, including the right-ofway planter strips along Cedar Boulevard but excluding the median landscaping, 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.
hhhh. 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).
iiii. 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. jjjj. 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.

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kkkk. 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.

Fire Department
llll. Fire sprinkler and fire alarm systems shall be provided for the buildings.

Building Inspection Division
mmmm. The buildings and parking shall be designed to 11A.

Police Department
nnnn. The development shall comply with Chapter 15.06, Security Code, of the Newark Municipal Code and Section 510, Emergency Responder Radio Coverage, of the California Fire Code.
oooo. The Police Department highly recommends installation of community safety cameras in common areas where the residential units 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.
pppp. 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.
qqqq. 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.

Environmental Conditions of Approval
rrrr. The following conditions of approval have been identified in the Environmental Checklist for Streamlined Review Pursuant to California Public Resources Code Section 21083.3 and CEQA Guidelines Sections 15168 and 15183, dated July 2023 to ensure implementation of applicable mitigation measures and policies set forth in the 2013 Packet Page 151
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General Plan and the 2013 General Plan Environmental Impact Report. The applicant shall implement all conditions of approval as part of the Project:

AES-1: All exterior lighting shall comply with all applicable regulations in NMC §17.17.060 (Lighting and Illumination) and NMC Chapter 17.23 (Parking and Loading).

All exterior lighting shall be directed on-site so as not to create glare off-site, as required by the Community Development Director.

AQ-1: Consistent with the Bay Area Air Quality Management District (BAAQMD) Basic Construction Mitigation Measures, the following controls are required to be included as specifications for the proposed project and implemented at the construction site to control for fugitive dust and exhaust as follows:

1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.

2. All haul trucks transporting soil, sand, or other loose material off site shall be covered.

3. All visible mud or dirt tracked-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.

4. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour.

5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.

6. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

7. 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]). Clear signage shall be provided for construction workers at all access points.

8. All construction equipment shall be maintained and properly tuned in accordance with manufacturers’ specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.

9. A publicly-visible sign shall be posted with the telephone number and person to contact at the City of Newark regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD's phone number shall also be visible to ensure compliance with applicable regulations.

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AQ-2: During construction of the proposed project, the project contractor shall ensure all off-road diesel-powered construction equipment of 50 horsepower or more used for the project construction at a minimum meets the California Air Resources Board Tier 3 emissions standards with level 3 diesel particulate filters or equivalent.

AQ-3: The following measures shall be required to reduce toxic air contaminants (TACs) and particulate matter indoors to a level sufficient to achieve compliance with BAAQMD health risk thresholds:

1. The project applicant shall provide an HVAC system with a control efficiency sufficient to result in a reduction of a minimum 85 percent of particulates of 10 microns or less, such as Minimum Efficiency Reporting Value (MERV)-9 filters or greater, for indoor air filtration systems. The ventilation system shall be certified to achieve the stated performance effectiveness from indoor areas.

2. The project applicant shall locate all air intakes as far away from Interstate 880 (I880) as feasible.

3. The project applicant shall disclose to potential occupants of the project that the proximity of the project site to the freeway could result in increased long-term health risks. The disclosure shall indicate the specifications for the installed air filtration system.

BIO-1:To avoid and minimize potential impacts to nesting birds including passerines and raptors, the following measures shall be implemented:

1. Grading or removal of potentially occupied habitat should be conducted outside the nesting season, which occurs between approximately February 1 to August 31.

2. If grading between August 31 and February 1 is infeasible and groundbreaking must occur within the nesting season, a pre-construction nesting bird survey (migratory species, passerines, and raptors) of the potentially occupied habitat (trees, shrubs, grassland) shall be performed by a qualified biologist within 7 days of groundbreaking. If no nesting birds are observed no further action is required and grading shall occur within one week of the survey to prevent “take” of individual birds that could begin nesting after the survey.

3. If active bird nests (either passerine and/or raptor) are observed during the preconstruction survey, a disturbance-free buffer zone shall be established around the occupied habitat until the young have fledged, as determined by a qualified biologist.

4. 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 CDFW.

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5. 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.

6. 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.

7. 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) and have attained sufficient flight skills to avoid project construction zones, or that the nesting cycle is otherwise completed.

BIO-2:Prior to any tree removal or alteration, the applicant shall obtain a tree removal permit from the City of Newark Public Works Department and implement tree planting requirements in accordance with development review.

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 a 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 a 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.

GEO-1: Prior to or concurrently with the first submittal of the final map and improvement plans, the applicant shall provide specific recommendations to mitigate identified seismic hazards discussed in the City’s Geotechnical Consultant’s letter dated June 14, 2023. The applicant’s Geotechnical Consultant shall submit a letter-report addressing the items identified in the June 14, 2023, letter to the City for review by the City’s Geotechnical Consultant. The applicant shall pay for all costs associated with the geotechnical peer review per the City’s Master Fee Schedule.

GEO-2: Prior to or concurrently with the first submittal of the final map and improvement plans, the applicant shall provide specific recommendations to mitigate impacts of expansive soils on the site. The applicant’s Geotechnical Consultant shall submit a letterreport addressing expansive soils on the site, to the City for review by the City’s Geotechnical Consultant. The applicant shall pay for all costs associated with the geotechnical peer review per the City’s Master Fee Schedule.

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GHG-1: The project shall include and show on the plans a minimum of 10 percent of the parking spaces as electric vehicle (EV) charging stations consistent with current California Green Buildings Standards Code (CALGreen) Tier 2 standards.

HAZ-1: Prior to issuance of any demolition permit, the applicant/project developer shall have a qualified environmental professional complete testing on structures to be removed for the presence of actionable quantities of asbestos materials, lead based paint and other contaminants. These materials shall be remediated by a licensed contractor and disposed of in an appropriately licensed landfill. Necessary permits shall be obtained from the Alameda County Fire Department, Newark Building Inspection Division, the Bay Area Air Quality Management District and other agencies, as applicable. All work shall be performed in accordance with state and federal OSHA standards. Worker safety plans shall be included for all demolition or deconstruction plans.

HAZ-2: The Project applicant shall implement the following actions:

1. Copies of the Phase I ESA shall be filed with the Alameda County Water District, Newark Community Development Department, the Newark Public Works Department and the Hazardous Materials Bureau of the Alameda County Fire Department.

2. Prior to the issuance of the grading permit, the applicant shall prepare a Soil and Water Management Plans (SWMPs) for the Project site as the Phase I ESA identifies actionable levels of soil and/or water contamination on the site. The SWMPs shall be prepared by a state-certified environmental professional and shall include, at minimum, a description of soils to be graded or disturbed as part of the project, detailed soil and water sampling to identify the extent of the contaminants, describe site remediation activities and procedures for removing the contaminants, and location(s) for disposal of contaminated material. The applicant shall obtain necessary permits for implementation of the site remediation and shall also provide evidence to the City of Newark, prior to the issuance of the grading permit, demonstrating that the RECs have been resolved to the satisfaction of the applicable regulatory agencies for future residential land use. Permits and closure letters shall be obtained from appropriate agencies if site remediation is found.

3. Prepare a plan/s to deal with de-watering of the site and safe disposal of contaminated groundwater in the event of groundwater contamination on the site or vicinity. These plans shall be prepared by qualified environmental hazard consultants and approved by the Newark Community Development Director, or their designee, prior to grading permit issuance, and required permits shall be obtained from appropriate agencies for all site investigation and remediation.

HYD-1: Preliminary Stormwater Treatment Plan is approved in concept only. Final approval is subject to the applicant providing, prior to the issuance of the grading permit, the necessary plans, details, and calculations that demonstrate the plan complies with the Municipal Regional Stormwater NPDES Permit (MRP), Order R2-2022-0018, revised July 1, 2022, issued to the City of Newark by the Regional Water Quality Control Board, San Francisco Bay Region.

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HYD-2: Prior to issuance of a building permit, the applicant shall prepare a Stormwater Treatment Measures Maintenance Agreement for post-construction water quality. The Agreement shall be reviewed and accepted by the City Engineer prior to Project Construction on the site.

HYD-3: The Project’s development, including streets and surface improvements, shall be placed above the 100-year flood elevation as confirmed by the City Engineer.

HYD-4: Prior to final map approval, the applicant shall apply and receive approval for a conditional letter of map revision based on fill (CLOMR- F) from the Federal Emergency Management Agency (FEMA). The CLOMR-F shall be based upon the project grading plan and shall conclude that the structures for human occupancy will be removed from the special flood hazard area (SFHA). Prior to occupancy of any buildings within the SFHA, the developer shall apply and receive approval of a letter of map revision based on fill (LOMR-F) from FEMA. On July 1, 2023, FEMA temporarily suspended the processing of CLOMR-Fs and LOMR-Fs. If, prior to final map approval, the temporary suspension of CLOMR-Fs and LOMR-Fs is still in effect, the CLOMR-F application to FEMA shall be deferred and applied for as soon as the temporary suspension is lifted. If, prior to occupancy, the temporary suspension of CLOMR-Fs and LOMR-Fs is still in effect, the applicant shall provide complete Elevation Certificates demonstrating that the property for occupancy is outside the Special Flood Hazard Area. Prior to tract acceptance, if the temporary suspension of CLOMR-Fs and LOMR-Fs is still in effect, the applicant shall submit the LOMR-F application package to the City or enter into a deferred agreement with the City for preparing and processing the LOMR-F application package once FEMA lifts the suspension. In either options, the cost of the preparation and fees associated with the FEMA LOMR-F application shall be paid for by the applicant.

HYD-5: 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.

NOI-1: The following noise reduction measures will be implemented to minimize the impact of construction noise onto offsite receivers:

1. Construction activity shall be limited to the hours of 7 AM to 7 PM Monday through Packet Page 156
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Friday and 10 AM to 6 PM on Sundays and holidays. Noise from construction activity occurring outside these hours will be limited to the levels outlined in the Newark Municipal Code Section 17.24.10.A.3.

2. The contractor shall require properly maintained mufflers on construction vehicles.

3. To the extent feasible, stationary construction equipment and staging areas shall be located as far as possible from adjacent residences and the motel.

4. The contractor shall implement temporary noise barriers between noisy activities and adjacent residences and the motel.

5. To the extent feasible, construction should proceed from Cedar Boulevard towards Intestate 880, and from south to north, so that constructed buildings will help shield residences from equipment and construction activities.

6. The contractor will designate a “noise disturbance coordinator” who would be responsible for responding to any local complaints about construction noise.

7. Signs will be posted at the construction site to notify the neighborhood of permitted days and hours of activities, and to provide a day-time telephone number for the noise disturbance coordinator.

NOI-2: Mechanical equipment noise as a result of the Project shall be limited to no more than 70 dBA between the hours of 7 a.m. and 9 p.m., and 60 dBA between the hours of 9 p.m. and 7 a.m in accordance with NMC Section 17.24.100.A.2.

NOI-3: Exterior building assemblies shall be sound-rated to reduce environmental noise to the DNL 45 dB criterion indoors. Sound insulation ratings should be for the complete assembly, including glass and frame, and should be based on laboratory test reports of similar sized samples from a National Voluntary Laboratory Accreditation Program (NVLAP) accredited lab. Since windows will need to be closed to meet the interior noise criteria, the mechanical design should meet ventilation requirements with windows in the closed position. The building assemblies shall be reviewed and accepted to meet the aforementioned criteria during the building permit process.

NOI-4: The height of the 18-foot tall retaining wall to the rear of the Project site adjacent to I-880 that would serve as a noise barrier shall be measured with respect to the freeway elevation, or yard elevation, whichever is higher. The barrier shall extend the length of the site and wrap the ends, returning towards Cedar Boulevard and shall be solid from bottom to top with no cracks or gaps and have a minimum surface density of approximately three pounds per square foot to reduce traffic noise levels in Project related outdoor spaces to DNL 65 dB or below. The barrier shall step down along the side property lines from a height of 18 feet to 8 feet, as shown in Figure 2 of the Environmental Noise Assessment, prepared by Salter, November 11, 2022.

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NOI-5: Limit the use of the following construction equipment to the following distances from the motel building located toward the south of the Project site.

1. Large bulldozers and loaded trucks to a minimum of 50 feet.

2. Jackhammering to a minimum of 30 feet.

3. vibratory rollers to a minimum of 85 feet.

TRAN-1: 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
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 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.

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 for either developer, the applicant and the City Engineer shall discuss an alternative option to implement until the traffic signal is operation. The alternative option is subject to approval by the City Engineer. All costs to fund the alternative option shall be funded by the applicant.

UTIL-1: Prior to the issuance of a building permit, the applicant shall pay the applicable impact fees, including, but not limited to, the Housing Impact Fee and Transportation Impact Fee, in the amount in effect at the time. If the applicant is eligible for a Transportation Impact Fee credit as determined by the City Engineer, the Transportation Packet Page 158
Exhibit B: Conditions of Approval

Page 25 of 25 ends

Impact Fee will be adjusted accordingly as determined by the City Engineer.

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

Packet Page 159
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CITY SUBMITTAL
| 2022168 | 06-20-23

CEDAR BLVD

NEWARK,CA

OUR TEAM
Waymark Development
Contact: Brian Steele
3223 Crow Canyon Road, Suite 200
San Ramon, CA 94583
925 321 6327
WHA. Architects . Planners . Designers .

Contact: Denise Ashton
680 Newport Center Dr,
Newport Beach CA 92660
949.250.0607 | www.WHAinc.com
Gates & Associates
Contact: Rusty Case
1655 N Main St STE 365,
Walnut Creek, CA 94596
925.736 8176 | www.dgates.com/
CBG |Civil Engineers · Surveryors · Planners
Contact: Justin DeKnoblough
2633 Camino Ramon, #350
San Ramon, CA 94583
925 866 0322 | www.cbandg.com/
SHEET INDEX:

Architecture
Conceptual Site Plan .................................... SP.1 Conceptual Open Space Plan......................... SP.2 Conceptual Trash Staging Plan ..................... SP.3 Conceptual Cedar Blvd Street view ............... SP.4
Enhanced and Standard Elevations ................ SP.5
Enhanced and Standard Elevations ................ SP.6
Plan 1 - Floor Plan......................................... A.1 Plan 2 - Floor Plan......................................... A.2 Plan 3 - Floor Plan......................................... A.3 Building 100 - Conceptual Floor Plan ............. A.4
Building 100 - Conceptual Elevation .............. A.5
Building 101 - Conceptual Floor Plan ............. A.6
Building 101 - Conceptual Elevation .............. A.7
Building 200 - Conceptual Floor Plan ............. A.8
Building 200- Typ. Conceptual Enhanced Elevation A.9
Building 200- Typ. Conceptual Standard Elevation A.10
Color & Materials .......................................... A.11 Site Address:
38600 Cedar Boulevard
Newark, CA 94560
Assessor Parcel Numbers
92A-2585-30-4, 92A-2585-12-1, 92A-2585-31
Civil
Cover Sheet and General Notes .................... C.1
Site Plan and Street Sections......................... C.2 Existing Conditions and Demolition Plan ........ C.3
Lotting Plan................................................... C.4 Preliminary Grading Plan .............................. C.5 Preliminary Utility Plan .................................. C.6 Preliminary Stormwater Management Plan..... C.7
Fire Access Plan ........................................... C.8 Landscape
Illustrative Site Plan ....................................... L.1 Pedestrian Circulation Plan ............................ L.2 Conceptual Lighting Plan............................... L.3 Character Images.......................................... L.4 Typical Landscape Areas .............................. L.5 Cedar Blvd Median ........................................ L.6 Schematic Details ......................................... L.7 Landscape Plan ........................................... L.8 Plant Palette.................................................. L.9

EXHIBIT C
Packet Page 160
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
SP.1
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CEDAR BLVD

NEWARK,CA
0 10 30 60

CONCEPTUAL SITE PLAN
Architecture
Enhanced Elevation at Third Floor
Bldg 100
Bldg 100
Bldg 100
Bldg 100
Bldg 200 Bldg 200 Bldg 200 Bldg 200 Bldg 101
Bldg 200 Bldg 200 Bldg 101 Bldg 101 Bldg 101
Packet Page 161
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
SP.2
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CEDAR BLVD

NEWARK,CA
0 10 30 60

CONCEPTUAL OPEN SPACE PLAN
Bldg 100
Bldg 100
Bldg 100
Bldg 100
Bldg 200 Bldg 200 Bldg 200 Bldg 200
Bldg 101
Bldg 101 Bldg 101 Bldg 101
Bldg 200 Bldg 200
Packet Page 162
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
SP.3
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CEDAR BLVD

NEWARK,CA
0 10 30 60

CONCEPTUAL TRASH STAGING PLAN
Bldg 100
Bldg 100
Bldg 100
Bldg 100
Bldg 200 Bldg 200 Bldg 200 Bldg 200
Bldg 101
Bldg 101 Bldg 101 Bldg 101
Bldg 200 Bldg 200
Packet Page 163
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
SP.4
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NEWARK,CA

CONCEPTUAL CEDAR BLVD STREET VIEW
Conceptual Stucco Low Wall
w/ Brick Cap
(Final design to be provided by landscape
architect at design development/CD phase)
BUILDING TYPE 100
“A” ELEVATION
COLOR SCHEME 1
BUILDING TYPE 200
“B” REVERSED ENHANCED ELEVATION
COLOR SCHEME 1
BUILDING TYPE 200
“A” ENHANCED ELEVATION
COLOR SCHEME 2
BUILDING TYPE 200
“C” ENHANCED ELEVATION
COLOR SCHEME 3
BUILDING TYPE 200
“A” REVERSED ENHANCED ELEVATION
COLOR SCHEME 1
BUILDING TYPE 101
“B” ELEVATION
COLOR SCHEME 2
Packet Page 164
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
SP.5
0 4 8 16
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CEDAR BLVD

NEWARK,CA
BUILDING TYPE 200
ENHANCED ELEVATION “A”
COLOR SCHEME 2
BUILDING TYPE 200
STANDARD ELEVATION “A”
COLOR SCHEME 2
BUILDING TYPE 200
STANDARD ELEVATION “A”
COLOR SCHEME 2
BUILDING TYPE 200
STANDARD ELEVATION “A”
COLOR SCHEME 2
BUILDING TYPE 200
ENHANCED ELEVATION “B” REVERSED
COLOR SCHEME 1
BUILDING TYPE 200
ENHANCED ELEVATION “C”
COLOR SCHEME 3

ENHANCED AND STANDARD ELEVATIONS
Packet Page 165
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SP.6
0 4 8 16
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CEDAR BLVD

NEWARK,CA
3RD FLOOR ENHANCED ELEVATIONS AND STANDARD ELEVATIONS
BUILDING TYPE 100

THIRD FLOOR ENHANCED ELEVATION
COLOR SCHEME 3
BUILDING TYPE 101

THIRD FLOOR ENHANCED ELEVATION
COLOR SCHEME 2
BUILDING TYPE 200

THIRD FLOOR ENHANCED ELEVATION
COLOR SCHEME 2
BUILDING TYPE 100

STANDARD ELEVATION
COLOR SCHEME 3
BUILDING TYPE 101

STANDARD ELEVATION
COLOR SCHEME 2
BUILDING TYPE 200

STANDARD ELEVATION
COLOR SCHEME 2
Packet Page 166
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A.1
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CEDAR BLVD

NEWARK,CA
0 248
PLAN 1 - FLOOR PLAN

THIRD FLOOR SECOND FLOOR FIRST FLOOR
PLAN 1 • + 1,390 SF • 3 BEDROOM | 2.5 BATH • 2 CAR GARAGE

GARAGE CLEAR SPACE

GARAGE SECTION DIAGRAM
BATH 2

PRIMARY
BATH
W.I.C. LIN.
13'-10"
x 16'-6"
LIVING
12'-9"
x 11'-4"
DINING
8'-10"
x 10'-1"
DECK
SERV.

KITCHEN PDR.
20'-0"
x 20'-0"
2-CAR GARAGE
ENTRY
10'-0"
x 10'-4"
BDRM. 3
11'-5"
x 10'-0"
BDRM. 2
12'-6"
x 12'-2"

PRIMARY BEDROOM
Plan 1
3 BEDROOM / 2.5 BATH
2 CAR GARAGE
+/-1,390 SF

UTILITY CLOSET FIRE RISER
88 SF
6'-3"
x 5'-0"
DECK
31 SF

LONG-TERM

BICYCLE STORAGE
PLAN 1 - FLOOR PLANS
Third Floor Second Floor First Floor 7'-614" 7'-0"
20'-0"
Garage Section Diagram
Packet Page 167
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
A.2
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CEDAR BLVD

NEWARK,CA
PLAN 2 - FLOOR PLAN

THIRD FLOOR SECOND FLOOR FIRST FLOOR

GARAGE SECTION DIAGRAM
PLAN 2
• + 1,611 SF
• 3 BEDROOM | 2.5 BATH
• DEN
• 2 CAR GARAGE

GARAGE CLEAR SPACE
0 2 4 8
BATH 2

PRIMARY
BATH
LIN.

W.I.C.
13'-4" x 14'-4"
LIVING
11'-1" x 15'-6"
DINING
12'-10"x 6'-0"
DECK
SERV.

KITCHEN
PDR.
20'-0" x 20'-0"
2-CAR GARAGE
ENTRY
10'-1" x 10'-5"
BDRM. 3 10'-1" x 11'-1"
BDRM. 2
13'-2" x 12'-6"

PRIMARY BEDROOM
Plan 2
3 BEDROOM / 2.5 BATH / DEN
2 CAR GARAGE
+/-1,611 SF
10'-11"x 12'-5"
DEN
DN
17R DN
17R
UP
17R
UP
17R
77 SF
5'-0" x 11'-4"

COVERED ENTRY
56 SF

LONG-TERM

BICYCLE STORAGE
PLAN 2 - FLOOR PLANS
Third Floor Second Floor First Floor 7'-0"9'-41
2 "
20'-0"
Garage Section Diagram
Packet Page 168
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
A.3
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CITY SUBMITTAL
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CEDAR BLVD

NEWARK,CA
PLAN 3 - FLOOR PLAN

THIRD FLOOR SECOND FLOOR FIRST FLOOR

GARAGE CLEAR SPACE
PLAN 3
• + 1,611 SF
• 4 BEDROOM | 3.5 BATH
• 2 CAR GARAGE
0 2 4 8

GARAGE SECTION DIAGRAM
6'-0"
2'-0"
BATH 2

PRIMARY
BATH
LIN.

W.I.C.
15'-2" x 23'-0"

GREAT ROOM
13'-0" x 6'-0"
DECK
SERV.

KITCHEN
PDR.
20'-0" x 20'-0"
2-CAR GARAGE
ENTRY
10'-1" x 10'-2"
BDRM. 3 10'-1" x 13'-0"
BDRM. 2
13'-2" x 13'-0"

PRIMARY BEDROOM
Plan 3
4 BEDROOM / 3.5 BATH
2 CAR GARAGE
+/-1,611 SF
10'-3" x 10'-5"
BDRM. 4
DN
17R
DN
17R
UP
17R
UP
17R
BATH 3
PAN.

LONG-TERM

BICYCLE STORAGE
78 SF
9'-2" x 5'-6"

COVERED ENTRY
50 SF
PLAN 3 - FLOOR PLANS
Third Floor Second Floor First Floor 7'-0" 7'-3
3 4
"
20'-0"
Garage Section Diagram
Packet Page 169
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
A.4
0 4 8 16
© 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA.

CITY SUBMITTAL
| 2022168 | 06-20-23

CEDAR BLVD

NEWARK,CA
W/H
6'-0"
2'-0"
W/H
6'-0"
2'-0"
W/H
6'-0"
2'-0"
HYBRID
W/H
20'-0" x 20'-0"
2-CAR GARAGE
20'-0" x 20'-0"
2-CAR GARAGE
20'-0" x 20'-0"
2-CAR GARAGE 20'-0" x 20'-0"
2-CAR GARAGE
20'-0" x 20'-0"
2-CAR GARAGE

UTILITY CLOSET FIRE RISER
x 5'-0"6'-3"

COVERED ENTRY
31 SF
x 5'-6"9'-2"

COVERED ENTRY
50 SF
x 5'-6"9'-2"

COVERED ENTRY
50 SF
x 5'-0"6'-3"

COVERED ENTRY
31 SF
13'-0" x 6'-0"
DECK
78 SF
13'-0" x 6'-0"
DECK
78 SF
13'-0" x 6'-0"
DECK
78 SF
7'-10" x 10'-0"
DECK
78 SF
8'-10" x 10'-1"
DECK
88 SF
5-PLEX B - BUILDING FLOOR PLANS
First Floor
Third Floor Second Floor
PLAN 3 PLAN 3 PLAN 3 PLAN 1
PLAN 3 PLAN 3 PLAN 3 PLAN 1 PLAN 3 PLAN 3 PLAN 3 PLAN 1 BUILDING 100 - CONCEPTUAL FLOOR PLAN
Third Floor
Roof First Floor
BUILDING 101| Conceptual Floor Plans
0 4 8 16
A-1
Second Floor
Occupancy: R2
Construction: VB
Sprinkler System: NFPA13
ROOF ADA Opt.

PLAN 3
W/H
1/2:12 SLOPE 1/2:12 SLOPE 1/2:12 SLOPE 1/2:12 SLOPE
1/2:12 SLOPE
1/2:12 SLOPE 1/2:12 SLOPE 1/2:12 SLOPE
AC CONDENSER (TYP.)
NOTE: ALL ROOF OVERHANGS ARE 1’-0”
ROOF PITCH 4:12 U.N.O.

FLOOR PLANS AND ROOF PLANS TO BE FURTHER

REFINED TO REFLECT SPANISH ELEVATION STYLE
Packet Page 170
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A.5
0 4 8 16
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CITY SUBMITTAL
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CEDAR BLVD

NEWARK,CA
BUILDING 100- TYP. CONCEPTUAL STANDARD ELEVATION
SPANISH STYLE ELEMENTS:

Roof : Parapet Flat Roof and Low-Pitched Roof (4:12-5:12) with Concrete “S” Tile Walls : Stucco
Trim: Stucco over Foam 1” in depth
Fascia : Wood
Accents : 42” High Wood Plank Railing, Tile Gable detail, Decorative Porch Light Fixture, Brick cap at select low walls.

Entry: Decorative Entry Door - Style Specific
Garage: Decorative roll up Garage Door - Style Specific 30’ MAX
24”
Rear
Front
Right
Left
Left
Right Rear
BUILDING 200| Conceptual Elevations
0 4 8 16
Note: Artist's Conception; Colors, Materials
and Application May Vary.
8'-7" 9'-1" 8'-10"
30'-0"
30'-0"
30'-0"
30'-0"
8'-7" 9'-1" 8'-10"
30'-0"
8'-7" 9'-1" 8'-10"
30'-0"
30'-0"
8'-7" 9'-1" 8'-10"
30'-0"
30'-0"
Front
30'-0"
37'-0"
37'-0"
36'-6"
37'-0"

BUILDING MATERIALS
Roof: Flat with Parapet, Sloped Comp Shingle Roof
Exterior: Stucco Finish, Fiber Cement Siding
Exterior Accents: Decorative Light Fixture
Deck Accents: Wood-like Horizontal Plank Railing
Window & Door Trim: Fiber Cement Trim
Entry Door: Decorative Front Entry Door
Garage Door: Sectional Garage Doors
A-4
8’10” 9’1”
+36’
8’7”
Color Scheme #3
18”
Packet Page 171
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
A.6
0 4 8 16
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CITY SUBMITTAL
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CEDAR BLVD

NEWARK,CA
W/H
6'-0"
2'-0"
20'-0" x 20'-0"
2-CAR GARAGE
20'-0" x 20'-0"
2-CAR GARAGE
20'-0" x 20'-0"
2-CAR GARAGE
20'-0" x 20'-0"
2-CAR GARAGE
20'-0" x 20'-0"
2-CAR GARAGE

UTILITY CLOSET FIRE RISER
5'-0" x 11'-4"

COVERED ENTRY
56 SF
x 5'-6"9'-2"

COVERED ENTRY
50 SF
x 5'-6"9'-2"

COVERED ENTRY
50 SF
12'-10"x 6'-0"
DECK
77 SF
13'-0" x 6'-0"
DECK
78 SF
13'-0" x 6'-0"
DECK
78 SF
13'-0" x 6'-0"
DECK
78 SF
13'-0" x 6'-0"
DECK
78 SF
5-PLEX A - BUILDING FLOOR PLANS
First Floor
Third Floor Second Floor
PLAN 2 PLAN 3 PLAN 3 PLAN 3 PLAN 3
PLAN 2 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 2 PLAN 3 PLAN 3 PLAN 3 PLAN 3 BUILDING 101 - CONCEPTUAL FLOOR PLAN
Third Floor
Roof First Floor
BUILDING 101| Conceptual Floor Plans
0 4 8 16
A-1
Second Floor
Occupancy: R2
Construction: VB
Sprinkler System: NFPA13

FLOOR PLANS AND ROOF PLANS TO BE FURTHER

REFINED TO REFLECT SPANISH ELEVATION STYLE
ROOF
1/2:12 SLOPE 1/2:12 SLOPE 1/2:12 SLOPE 1/2:12 SLOPE 1/2:12 SLOPE 1/2:12 SLOPE 1/2:12 SLOPE 1/2:12 SLOPE 1/2:12 SLOPE 1/2:12 SLOPE AC CONDENSER (TYP.)
NOTE: ALL ROOF OVERHANGS ARE 1’-0”
ROOF PITCH 4:12 U.N.O.

Packet Page 172
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
A.7
0 4 8 16
© 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA.

CITY SUBMITTAL
| 2022168 | 06-20-23

CEDAR BLVD

NEWARK,CA
BUILDING 101- TYP. CONCEPTUAL STANDARD ELEVATION
SPANISH STYLE ELEMENTS:

Entry: Decorative Entry Door - Style Specific
Garage: Decorative roll up Garage Door - Style Specific Rear
Front
Right
Left
Left
Right Rear
BUILDING 200| Conceptual Elevations
0 4 8 16
Note: Artist's Conception; Colors, Materials
and Application May Vary.
8'-7" 9'-1" 8'-10"
30'-0"
30'-0"
30'-0"
30'-0"
8'-7" 9'-1" 8'-10"
30'-0"
8'-7" 9'-1" 8'-10"
30'-0"
30'-0"
8'-7" 9'-1" 8'-10"
30'-0"
30'-0"
Front
30'-0"
37'-0"
37'-0"
36'-6"
37'-0"

BUILDING MATERIALS
Roof: Flat with Parapet, Sloped Comp Shingle Roof
Exterior: Stucco Finish, Fiber Cement Siding
Exterior Accents: Decorative Light Fixture
Deck Accents: Wood-like Horizontal Plank Railing
Window & Door Trim: Fiber Cement Trim
Entry Door: Decorative Front Entry Door
Garage Door: Sectional Garage Doors
A-4
Color Scheme #2
18”
8’10” 9’1”
+36’
8’7”
Packet Page 173
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
A.8
0 4 8 16
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CITY SUBMITTAL
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CEDAR BLVD

NEWARK,CA
W/H
6'-0"
2'-0"
HYBRID
W/H
20'-0" x 20'-0"
2-CAR GARAGE
x 5'-6"9'-2"

COVERED ENTRY
50 SF
20'-0" x 20'-0"
2-CAR GARAGE
20'-0" x 20'-0"
2-CAR GARAGE
20'-0" x 20'-0"
2-CAR GARAGE
x 5'-6"9'-2"

COVERED ENTRY
50 SF
x 5'-6"9'-2"

COVERED ENTRY
50 SF
x 5'-0"6'-3"

COVERED ENTRY
31 SF
x 5'-0"6'-3"

COVERED ENTRY
31 SF
20'-0" x 20'-0"
2-CAR GARAGE
20'-0" x 20'-0"
2-CAR GARAGE
12'-10"x 6'-0"
DECK
77 SF
13'-0" x 6'-0"
DECK
78 SF
13'-0" x 6'-0"
DECK
78 SF
13'-0" x 6'-0"
DECK
78 SF
7'-10" x 10'-0"
DECK
78 SF
8'-10" x 10'-1"
DECK
88 SF
5'-0" x 11'-4"

COVERED ENTRY
56 SF
6-PLEX - BUILDING FLOOR PLANS
First Floor
Third Floor Second Floor
PLAN 2 PLAN 3 PLAN 3 PLAN 3 PLAN 1 PLAN 2 PLAN 3 PLAN 3 PLAN 3 PLAN 1 PLAN 2 PLAN 3 PLAN 3 PLAN 3 PLAN 1
BUILDING 200 - CONCEPTUAL FLOOR PLAN
Third Floor
Roof First Floor
BUILDING 101| Conceptual Floor Plans
0 4 8 16
A-1
Second Floor
Occupancy: R2
Construction: VB
Sprinkler System: NFPA13

FLOOR PLANS AND ROOF PLANS TO BE FURTHER

REFINED TO REFLECT SPANISH ELEVATION STYLE
ROOF
1/2:12 SLOPE 1/2:12 SLOPE 1/2:12 SLOPE 1/2:12 SLOPE
1/2:12 SLOPE
1/2:12 SLOPE 1/2:12 SLOPE 1/2:12 SLOPE 1/2:12 SLOPE
1/2:12 SLOPE
AC CONDENSER (TYP.)
NOTE: ALL ROOF OVERHANGS ARE 1’-0”
ROOF PITCH 4:12 U.N.O.

Packet Page 174
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
A.9
0 4 8 16
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CITY SUBMITTAL
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CEDAR BLVD

NEWARK,CA
BUILDING 200- TYP. CONCEPTUAL ENHANCED ELEVATION
8’10”
30’ MAX
+37’
9’1” 8’7”
SPANISH STYLE ELEMENTS:

Entry: Decorative Entry Door - Style Specific
Garage: Decorative roll up Garage Door - Style Specific 24”
Rear
Front
Right
Left
Left
Right Rear
BUILDING 200| Conceptual Elevations
0 4 8 16
Note: Artist's Conception; Colors, Materials
and Application May Vary.
8'-7" 9'-1" 8'-10"
30'-0"
30'-0"
30'-0"
30'-0"
8'-7" 9'-1" 8'-10"
30'-0"
8'-7" 9'-1" 8'-10"
30'-0"
30'-0"
8'-7" 9'-1" 8'-10"
30'-0"
30'-0"
Front
30'-0"
37'-0"
37'-0"
36'-6"
37'-0"

BUILDING MATERIALS
Roof: Flat with Parapet, Sloped Comp Shingle Roof
Exterior: Stucco Finish, Fiber Cement Siding
Exterior Accents: Decorative Light Fixture
Deck Accents: Wood-like Horizontal Plank Railing
Window & Door Trim: Fiber Cement Trim
Entry Door: Decorative Front Entry Door
Garage Door: Sectional Garage Doors
A-4
Color Scheme #1
18”
Packet Page 175
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
A.7.1
0 4 8 16
© 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA.

CITY SUBMITTAL
| 2022168 | 06-20-23

CEDAR BLVD

NEWARK,CA
BUILDING 200- TYP. CONCEPTUAL STANDARD ELEVATION
8’10”
+37’
9’1” 8’7”
SPANISH STYLE ELEMENTS:

Entry: Decorative Entry Door - Style Specific
Garage: Decorative roll up Garage Door - Style Specific 24”
A.10
30’ MAX
18”
Rear
Front
Right
Left
Left
Right Rear
BUILDING 200| Conceptual Elevations
0 4 8 16
Note: Artist's Conception; Colors, Materials
and Application May Vary.
8'-7" 9'-1" 8'-10"
30'-0"
30'-0"
30'-0"
30'-0"
8'-7" 9'-1" 8'-10"
30'-0"
8'-7" 9'-1" 8'-10"
30'-0"
30'-0"
8'-7" 9'-1" 8'-10"
30'-0"
30'-0"
Front
30'-0"
37'-0"
37'-0"
36'-6"
37'-0"

BUILDING MATERIALS
Roof: Flat with Parapet, Sloped Comp Shingle Roof
Exterior: Stucco Finish, Fiber Cement Siding
Exterior Accents: Decorative Light Fixture
Deck Accents: Wood-like Horizontal Plank Railing
Window & Door Trim: Fiber Cement Trim
Entry Door: Decorative Front Entry Door
Garage Door: Sectional Garage Doors
A-4
Color Scheme #1
Packet Page 176
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
A.8
0 4 8 16
© 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA.

CITY SUBMITTAL
| 2022168 | 06-20-23

CEDAR BLVD

NEWARK,CA

COLOR & MATERIALS
SCHEME 1
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO

CEDAR BOULEVARD
Newark, California

WAYMARK
June 16, 2023 | 2022168
For exact color refer to manufacturers’ actual samples. © 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA

ROOFING
All Buildings
TRIM
COLOR #1
STUCCO
TRIM
COLOR #2
TRIM
COLOR #1
METAL

BIRD STOP
PREFAB
PIPES

DECORATIVE
METAL
METAL

RAILING DECK

COATING
BRICK
SCHEME 2
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO

CEDAR BOULEVARD
Newark, California

WAYMARK
June 16, 2023 | 2022168
For exact color refer to manufacturers’ actual samples. © 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA

ROOFING
STUCCO
All Buildings
TRIM
COLOR #1
TRIM
COLOR #2
ACCENT
COLOR
METAL

BIRD STOP
PREFAB
PIPES

DECORATIVE
METAL
METAL

RAILING DECK

COATING
BRICK
SCHEME 3
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO

CEDAR BOULEVARD
Newark, California

WAYMARK
June 16, 2023 | 2022168
For exact color refer to manufacturers’ actual samples. © 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA

ROOFING
STUCCO
All Buildings
METAL

BIRD STOP
PREFAB
PIPES

DECORATIVE
METAL
METAL

RAILING DECK

COATING
BRICK
TRIM
COLOR #1
TRIM
COLOR #2
ACCENT
COLOR

CEDAR BOULEVARD
Newark, California

WAYMARK
April 21, 2023 | 2022168
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
REVISIONS:

Number Date Description
1 6/16/23 Schemes 2 and 3 added per city comments.

Exterior Color & Materials

ALL BUILDINGS
Material Color Manufacturer
Roofing:

Concrete ‘S’ Tile
3532 Weathered Terracotta
Ref: .24 Emi: .88 A.SRI: 26
CRRC: 0918-0014
Eagle
(or approved equal)
Metal Bird Stop @ Concrete ‘S’ Tile
(factory finish) Terracotta Eagle(or approved equal)
Half Round Gutters & Round Downspouts
(factory finish) Beaver Brown Custom-Bilt Metals(or approved equal) Vinyl Windows (factory finish) Almond Champion
(or approved equal)
Brick (standard raked joints, half running
bond pattern)
Laredo
Queen-size
U.S. Brick
(or approved equal)
Grout @ Brick & Stone Mac Oatmeal Orco
(or approved equal)
Stucco Color (16/20 sand finish)
Match Sherwin Williams
SW 7551
Greek Villa
Omega
(or approved equal)
Trim Color #1 (applied to):

Barge Boards
Eaves
Fascia
Shutters
Unit Doors
SW 6104
Kaffee
Sherwin Williams
(or approved equal)
Trim Color #2 (applied to):

Garage Doors
Stucco Trim
Utility Doors
SW 6124
Cardboard
Sherwin Williams
(or approved equal)
Prefab Pipes @ Gables SW 7705
Wheat Penny
Sherwin Williams
(or approved equal)
Decorative Metal & Metal Railing SW 7020
Black Fox
Sherwin Williams
(or approved equal)
Garage Door Weatherstrip (factory finish) Match Garage Door Color Wayne Dalton (or approved equal)
Deck Coating GS-88
Hickory
Pli-Dek
(or approved equal)
NOTE: Notify WHA if any variation occurs between these
schemes and the construction documents prior to purchase.

Contact Donna Aldrich (949) 250-0607.
© 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA.

SCHEME 1 OF 3

CEDAR BOULEVARD
Newark, California

WAYMARK
April 21, 2023 | 2022168
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
REVISIONS:

Number Date Description
1 6/16/23 Schemes 2 and 3 added per city comments.

Exterior Color & Materials
SCHEME ALL BUILDINGS 12 OF 3
Material Color Manufacturer
Roofing:

Concrete ‘S’ Tile
3605 San Benito Blend
Ref: .20 Emi: .92 A.SRI: 21
CRRC: 0918-0031
Eagle
(or approved equal)
Metal Bird Stop @ Concrete ‘S’ Tile
(factory finish) Terracotta Eagle(or approved equal)
Half Round Gutters & Round Downspouts
(factory finish) Beaver Brown Custom-Bilt Metals(or approved equal) Vinyl Windows (factory finish) Almond Champion
(or approved equal)
Brick (standard raked joints, half running
bond pattern)
Alamo
Queen-size
U.S. Brick
(or approved equal)
Grout @ Brick & Stone Surf Orco
(or approved equal)
Stucco Color (16/20 sand finish)
Match Sherwin Williams
SW 7564
Polar Bear
Omega
(or approved equal)
Trim Color #1 (applied to):

Barge Boards
Eaves
Fascia
SW 7034
Status Bronze
Sherwin Williams
(or approved equal)
Trim Color #2 (applied to):

Garage Doors
Stucco Trim
Utility Doors
SW 7550
Resort Tan
Sherwin Williams
(or approved equal)
Accent Color(applied to):

Shutters
Unit Doors
SW 6187
Rosemary
Sherwin Williams
(or approved equal)
Prefab Pipes @ Gables SW 7705
Wheat Penny
Sherwin Williams
(or approved equal)
Decorative Metal & Metal Railing SW 7020
Black Fox
Sherwin Williams
(or approved equal)
Garage Door Weatherstrip (factory finish) Match Garage Door Color Wayne Dalton (or approved equal)
Deck Coating GS-88
Hickory
Pli-Dek
(or approved equal)
NOTE: Notify WHA if any variation occurs between these
schemes and the construction documents prior to purchase.

Contact Donna Aldrich (949) 250-0607.
© 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA.

CEDAR BOULEVARD
Newark, California

WAYMARK
April 21, 2023 | 2022168
ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
REVISIONS:

Number Date Description
1 6/16/23 Schemes 2 and 3 added per city comments.

Exterior Color & Materials
SCHEME ALL BUILDINGS 13 OF 3
Material Color Manufacturer
Roofing:

Concrete ‘S’ Tile
3702 Calabar Blend
Ref: .18 Emi: .88 A.SRI: 20
CRRC: 0918-0063
Eagle
(or approved equal)
Metal Bird Stop @ Concrete ‘S’ Tile
(factory finish) Terracotta Eagle(or approved equal)
Half Round Gutters & Round Downspouts
(factory finish) Beaver Brown Custom-Bilt Metals(or approved equal) Vinyl Windows (factory finish) Almond Champion
(or approved equal)
Brick (standard raked joints, half running
bond pattern)
Mount Rushmore
Queen-size
U.S. Brick
(or approved equal)
Grout @ Brick & Stone Khaki Orco
(or approved equal)
Stucco Color (16/20 sand finish)
Match Sherwin Williams
SW 7532
Urban Putty
Omega
(or approved equal)
Trim Color #1 (applied to):

Barge Boards
Eaves
Fascia
SW 7027
Hickory Smoke
Sherwin Williams
(or approved equal)
Trim Color #2 (applied to):

Garage Doors
Stucco Trim
Utility Doors
SW 0038
Library Pewter
Sherwin Williams
(or approved equal)
Accent Color(applied to):

Shutters
Unit Doors
SW 9141
Waterloo
Sherwin Williams
(or approved equal)
Prefab Pipes @ Gables SW 7705
Wheat Penny
Sherwin Williams
(or approved equal)
Decorative Metal & Metal Railing SW 7020
Black Fox
Sherwin Williams
(or approved equal)
Garage Door Weatherstrip (factory finish) Match Garage Door Color Wayne Dalton (or approved equal)
Deck Coating GS-88
Hickory
Pli-Dek
(or approved equal)
NOTE: Notify WHA if any variation occurs between these
schemes and the construction documents prior to purchase.

Contact Donna Aldrich (949) 250-0607.
© 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA.

A.11
Packet Page 177
C C
C C

C C EVCS EV EV

C EVCS EV

C EV 'A' STREET 'B' STREET
COURT 1
COURT 2 COURT 4 COURT 3 COURT 5 COURT 6 COURT 8 COURT 7

CEDAR BOULEVARD
(PUBLIC) MOORES AVENUE (PUBLIC)
1 2
3 4
5 6 9 10
13 14 8 11
12 7 EV
0 30 60 90
GENERAL NOTES:

LAND USE SUMMARY
LAND USE AREA (AC±)

VICINITY MAP
SITE

INTERSTATE
CALIFORNIA 880
JOB NO.: 2531-020
TRACT 8665

VESTING TENTATIVE MAP

FOR CONDOMINIUM PURPOSES

COVER SHEET AND GENERAL NOTES

CEDAR TOWNHOMES

CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA
SCALE: 1" = 30' DATE: JUNE 16, 2023

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
G:\2531-020\ACAD\TM\TM01.DWG

OF SHEETS
SHEET NO.
1 8
LEGEND

EXISTING DESCRIPTION
1 PROPOSED

SHEET INDEX
SHEET NO. SHEET TITLE
CHAPTER 17.07.030: DEVELOPMENT STANDARDS

RESIDENTIAL DISTRICTS

STANDARD RESIDENTIAL MEDIUM DENSITY (RM)
A. LOT AND DENSITY STANDARDS
B. BUILDING FORM AND LOCATION
C. SETBACKS
D. LOT COVERAGE, LANDSCAPE, AND OPEN SPACE STANDARDS

PARKING SUMMARY

PARKING REQUIRED

PARKING PROVIDED

BICYCLE PARKING
Packet Page 178
'A' STREET 'B' STREET
COURT 1
COURT 2 COURT 4 COURT 3 COURT 5 COURT 6COURT 8 COURT 7

CEDAR BOULEVARD
1 2
3 4
5 6 9 10
13 7 8 11 12 14 MOORES AVENUE EV

C C C C CC EVCS EV EV
C EVCS
C EV

CEDAR BOULEVARD
TYPICAL 24' PRIVATE ALLEY SECTION
(CROSS SLOPED)
TYPICAL 28' PRIVATE STREET WITH PARALLEL PARKING
P 52-BJ-84
06 01
TYPICAL 25' PRIVATE STREET SECTION

WITH PERPENDICULAR PARKING
TYPICAL 24' PRIVATE ALLEY SECTION
(CROWNED)
25' PRIVATE STREET SECTION

WITH PERPENDICULAR PARKING
TYPICAL 24' PRIVATE ALLEY SECTION
(CROSS SLOPED)
0 30 60 90
LEGEND

EXISTING DESCRIPTION
1 PROPOSED
JOB NO.: 2531-020
TRACT 8665

VESTING TENTATIVE MAP

FOR CONDOMINIUM PURPOSES

SITE PLAN AND STREET SECTIONS

CEDAR TOWNHOMES

CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA
SCALE: 1" = 30' DATE: JUNE 16, 2023

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
G:\2531-020\ACAD\TM\TM02.DWG

OF SHEETS
SHEET NO.
2 8

ON STREET PARKING ABBREVIATIONS

SUMMARY

DESCRIPTION SYMBOL
Packet Page 179

OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW

OHW OHW OHW OHW OHW

OHW OHW
OHW
OHW
OHW
OHW

OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW PARCEL 2 PARCEL 1

CEDAR BOULEVARD MOORES AVENUE
3 3
3 4
6 3
6 3
3 3
3 3
5 4
0 30 60 90
EXCEPTIONS AND EXCLUSIONS:
#
1 3
2 4
5 6
7 8
9 10
11 12
JOB NO.: 2531-020
TRACT 8665

VESTING TENTATIVE MAP

FOR CONDOMINIUM PURPOSES

EXISTING CONDITIONS AND

DEMOLITION PLAN

CEDAR TOWNHOMES

CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA
SCALE: 1" = 30' DATE: JUNE 16, 2023

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
G:\2531-020\ACAD\TM\TM03.DWG

OF SHEETS
SHEET NO.
3 8
LEGEND
OHW
1 TITLE REPORT
Packet Page 180
PARCEL 1
(3.44± AC)

CEDAR BOULEVARD
(PUBLIC) MOORES AVENUE (PUBLIC)
0 30 60 90
JOB NO.: 2531-020
TRACT 8665

VESTING TENTATIVE MAP

FOR CONDOMINIUM PURPOSES

LOTTING PLAN

CEDAR TOWNHOMES

CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA
SCALE: 1" = 30' DATE: JUNE 16, 2023

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
G:\2531-020\ACAD\TM\TM04.DWG

OF SHEETS
SHEET NO.
4 8
LEGEND

EXISTING DESCRIPTION
1 PROPOSED

ABBREVIATIONS
Packet Page 181
'A' STREET
'B' STREET
COURT 1
COURT 2 COURT 4 COURT 3 COURT 5 COURT 6COURT 8 COURT 7

CEDAR BOULEVARD MOORES AVENUE
FF 29.8
PAD 28.8
FF 30.3
PAD 29.3
FF 30.6
PAD 29.6
FF 29.8
PAD 28.8
FF 30.2
PAD 29.2
FF 30.7
PAD 29.7
FF 31.4
PAD 30.4
FF 31.9
PAD 30.9
FF 32.0
PAD 31.0
FF 32.9
PAD 31.9 FF 32.8
PAD 31.8
FF 32.0
PAD 31.0
FF 31.6
PAD 30.6
FF 31.0
PAD 30.0
1 2
3 4
5 6 9 10
13 7 8 11 12 14

SECTION A

ALAMEDA COUNTY

FLOOD CONTROL
'A' STREET

SECTION B

SECTION C
COURT 7

SECTION D
COURT 8

SECTION E SECTION F
CEDAR
BLVD
0 30 60 90
FLOOD ZONE:

JOB NO.: 2531-020
TRACT 8665

VESTING TENTATIVE MAP

FOR CONDOMINIUM PURPOSES

PRELIMINARY GRADING PLAN

CEDAR TOWNHOMES

CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA
SCALE: 1" = 30' DATE: JUNE 16, 2023

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
G:\2531-020\ACAD\TM\TM05.DWG

OF SHEETS
SHEET NO.
5 8
LEGEND

EXISTING DESCRIPTION
1 PROPOSED
A
B
C
D
E

EARTHWORK SUMMARY

DESCRIPTION CUT (CY) FILL (CY)
F
NOTE:

Packet Page 182
'A' STREET
'B' STREET
COURT 1
COURT 2 COURT 4 COURT 3 COURT 5 COURT 6 COURT 8 COURT 7 CEDAR BOULEVARD MOORES AVENUE 1234 5 6 9 10
13 7 8 11 12 14
JOB NO.: 2531-020
TRACT 8665

VESTING TENTATIVE MAP

FOR CONDOMINIUM PURPOSES

PRELIMINARY UTILITY PLAN

CEDAR TOWNHOMES

CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA
SCALE: 1" = 30' DATE: JUNE 16, 2023 0 30 60 90 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456

OF SHEETS
SHEET NO. 68
G:\2531-020\ACAD\TM\TM06.DWG
LEGEND
EXISTING DESCRIPTION 1PROPOSED
SCALE:

STRIPING TRANSITION DETAIL
1" = 10'
NOTE:

Packet Page 183
DMA 4

0.80 AC
DMA 2

1.00 AC
DMA 1

1.60 AC
DMA 3

0.30 AC 'A' STREET
'B' STREET
COURT 1
COURT 2 COURT 4 COURT 3 COURT 5 COURT 6 COURT 8 COURT 7

CEDAR BOULEVARD MOORES AVENUE
1 2
3 4
5 6 9 10 13
7 8 11 12 14

BIORETENTION SECTION

DRAINAGE MANAGEMENT AREA SUMMARY

DRAINAGE

MANAGEMENT
AREA

TOTAL AREA
(SF)
TOTAL

IMPERVIOUS

AREA (SF)
TOTAL

PERVIOUS

AREA (SF)

EFFECTIVE

IMPERVIOUS

AREA (SF)

TREATMENT

AREA BASED

ON FLOW &

VOLUME (SF)
4%

TREATMENT

AREA (SF)
3%

TREATMENT

AREA (SF)

TREATMENT
AREA

PROVIDED
(SF)
JOB NO.: 2531-020
TRACT 8665

VESTING TENTATIVE MAP

FOR CONDOMINIUM PURPOSES

PRELIMINARY STORMWATER

MANAGEMENT PLAN

CEDAR TOWNHOMES

CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA
SCALE: 1" = 30' DATE: JUNE 16, 2023
0 30 60 90 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456

OF SHEETS
SHEET NO.
7 8
G:\2531-020\ACAD\TM\TM07.DWG
LEGEND

EXISTING DESCRIPTION
1 PROPOSED

PRE PROJECT AND POST PROJECT COMPARISON
DMA 1

1.60 AC
Packet Page 184
'A' STREET
'B' STREET
COURT 1
COURT 2 COURT 4 COURT 3 COURT 5 COURT 6 COURT 8 COURT 7 CEDAR BOULEVARD 1234 5 6 9 10
13 14
12 7 8 11 MOORES AVENUE

8.03 18.38

41.15 Steering Angle : 35.7

8.00 9.06

4.0 Arrow XT Quint-105
feet :::

Width
Track
Lock to Lock Time 0 30 60 90
JOB NO.: 2531-020
TRACT 8665

VESTING TENTATIVE MAP

FOR CONDOMINIUM PURPOSES

FIRE ACCESS PLAN

CEDAR TOWNHOMES

CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA
SCALE: 1" = 30' DATE: JUNE 16, 2023

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
G:\2531-020\ACAD\TM\TM08.DWG

OF SHEETS
SHEET NO. 88
LEGEND:

Packet Page 185

CEDAR BOULEVARD NEWARK, CALIFORNIA
JUNE 2023
ILLUSTRATIVE SITE PLAN L-1
0 10’ 20’ 40’
Adventure Play AreaWood Rail FenceLinear Flexible GreenPermeable PavingAsphalt PavingBio-Retention with BoardwalksEnhanced PavingEnhanced Planting at EntryCedar Blvd. Frontage ImprovementsBike ParkingNoise BarrierTurf Cell PavingFenced Dog AreaPicnic AreaMain Zen Courtyard w/ seating stonesMinor Zen Courtyard w/ seating stonesGarden Courtyard w/benchesVillage Green w/benchesMailboxesRemovable BollardsStucco Low Wall (See Arch Plans)Patio Fence 126789
10 11
1213141516171820212219
345
1 21 21
12 3
11 14
4 20
11 22
22 11
22 13
10 10
4 2
2 2
5 6
7 19
8 9
15 1716 18

PLAN LEGEND
BLDG 1
BLDG 2
BLDG 3BLDG 4
BLDG 5
BLDG 7 BLDG 8 BLDG 11 BLDG 12 BLDG 14
BLDG 6 BLDG 9 BLDG 10 BLDG 13

CEDAR BLVD
18’16’14’12’10’
8’
Packet Page 186

CEDAR BOULEVARD NEWARK, CALIFORNIA
JUNE 2023
PEDESTRIAN CIRCULATION PLAN L-2
0 10’ 20’ 40’

PLAN LEGEND

CEDAR BLVD
Primary Loop PathSecondary WalksEnhanced CrossingsBike Parking (10 Bikes Total)Mailboxes BLDG 1
BLDG 2
BLDG 3BLDG 4
BLDG 5
BLDG 7 BLDG 8 BLDG 11 BLDG 12 BLDG 14
BLDG 6 BLDG 9 BLDG 10 BLDG 13
Packet Page 187

CEDAR BOULEVARD NEWARK, CALIFORNIA
JUNE 2023
CONCEPTUAL LIGHTING PLAN L-3
0 10’ 20’ 40’
Pedestrian Bollard LightManufacturer: SternbergModel: FlightPedestrian Pole Light (12-foot)Manufacturer: SternbergModel: Omega SmallDownlight Fixture (2 Per Driveway)Manufacturer: Signify Model: P4R 4” Round DownlightPLAN LEGEND BLDG 1
BLDG 2
BLDG 3BLDG 4
BLDG 5
BLDG 7 BLDG 8 BLDG 11 BLDG 12 BLDG 14
BLDG 6 BLDG 9 BLDG 10 BLDG 13

CEDAR BLVD
Packet Page 188

CEDAR BOULEVARD NEWARK, CALIFORNIA
JUNE 2023
CHARACTER IMAGES L-4
Packet Page 189

CEDAR BOULEVARD NEWARK, CALIFORNIA
JUNE 2023
TYPICAL LANDSCAPE AREAS L-5
0 4’ 8’ 16’

KEY MAP
Accent Tree
Medium ShrubSmall Shrub4’ WalkBench Seating
Large Foundation ShrubLow Groundcover
Patio
Decomposed Granite Seating Stones
Bollard Light
Bollard Light
Boardwalk
Wattle Hut
5’ Sidewalk
Picnic Table
Limestone Bench
Bike ParkingPedestrian Light
Play Surfacing
Birds Nest
Bench
Shade Trees
4’ Walk
4’ Walk
5’ Walk
Bench
Stormwater Quality Basin
Boardwalk
Screen Shrubs Patio Accent Tree
Packet Page 190

CEDAR BOULEVARD NEWARK, CALIFORNIA
JUNE 2023
TYPICAL LANDSCAPE AREAS L-6
0 4’ 8’ 16’

KEY MAP
Accent Tree
Kurapia Groundcover
Kurapia Groundcover
4’ Walk
4’ Walk
Accent Tree
Accent TreeLarge Foundation Shrubs
Small Shrubs
Small Shrubs
Flowering Groundcover
Flowering Groundcover
Patio
Patio
Benches
Benches
Patio
Stormwater Basins
Large Foundation Shrub
Patio
Decomposed Granite Seating Stones
Bollard Light
Packet Page 191

CEDAR BOULEVARD NEWARK, CALIFORNIA
JUNE 2023
CEDAR BLVD MEDIAN + STREETSCAPE L-7
0 4’ 8’ 16’

KEY MAP
Myoporum parvifolium| Myoporum ‘Pink’ Teucrium ackermannii| Silver GermanderPlatinus acerifolia ‘Columbia’| London Plane Tree SEE SHEET L-8

PLANT PALETTE
Packet Page 192

CEDAR BOULEVARD NEWARK, CALIFORNIA
JUNE 2023
CEDAR BLVD TYPICAL STREETSCAPE + MEDIAN L-8
0 4’ 8’ 16’

KEY MAP
Median TreesSchinus Molle
Street TreesPlatanus x Acerifolia
Turf PaversRemoveable Bollards
Cobble Median Noses

PLANT SCHEDULE

CEDAR BLVD
Bouteloua gracilis | Blonde AmbitionDietes grandiflora | Fortnight LilyTeucrium ackermannii| Silver GermanderMyoporum parvifolium| Myoporum ‘Pink’ Packet Page 193

CEDAR BOULEVARD NEWARK, CALIFORNIA
JUNE 2023
SCHEMATIC DETAILS L-9
Sandstone Bench Birds Nest Wood Rail Fence PRIVACY SOUND SIERRAWALL - PORTOLA WITH PLANT POCKET Dog Fence - 48” High Wattle Hut Mailbox
Bike Rack Bollard Bench Picnic Table
Seating Stones
Note: Fence to be 36” high max, color to match the building, see architecture plans Patio Fence
Scale: 1/2” =1’ Scale: 1/4” =1’
Scale: 3/4” =1’
Scale: N.T.S. Scale: N.T.S.
11 7 4 1
12 8 5
13 10 9 6
23 Color: Black
(1) ADA(1) Standard
Color: BlackNote: Bike racks shall be spaced 36” apart and 36” from any vertical obstruction.

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FENCE LEGEND
Patio Fence Patio Wall

CEDAR BOULEVARD NEWARK, CALIFORNIA
JUNE 2023
LANDSCAPE PLANL-10
0 10’ 20’ 40’
BLDG 1
BLDG 2
BLDG 3BLDG 4
BLDG 5
BLDG 7 BLDG 8 BLDG 11 BLDG 12 BLDG 14
BLDG 6 BLDG 9 BLDG 10 BLDG 13
G
A
S
E
A
S
E
M
E
N
T
CEDAR BLVD All Existing Pine Trees Along Frontage to be Removed, typ. (3) Existing Bottle Brush Trees to be Removed, typ.

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CEDAR BOULEVARD NEWARK, CALIFORNIA
JUNE 2023
PLANT PALETTEL-11
SHRUBSBIOTREATMENT GROUNDCOVERS LAWN / SODTREESBouteloua gracilis ‘Blonde Ambition’ Quercus agrifolia
Chondropetalum elephantinum
Lavandula angustifolia ‘Munstead’
Schinus molle
Juncus patens ‘Elk Blue’
Gingko biloba ‘Princeton Sentry’ Magnolia grandiflora ‘Little Gem’ No-Mow Sod
Cistus x purpureus ‘Brillancy’ Rhaphiolepis umbellata ‘Minor’ Ceanothus griseus horizontalis ‘Yankee Point’
Lomandra longifolia ‘Breeze’
Myoporum parvifolium ‘Pink’
Anigozanthos ‘Harmony’Teucrium ackermannii
Cercis occidentalis Lyonothamnus floribundus Platanus acerifolia ‘Columbia’ Lippia nodiflora ‘Kurapia’
Blonde Ambition Blue Grama Grass
Coast Live Oak
Large Cape Rush
English Lavender
California Pepper Tree
Spreading Rush
Princeton Sentry Gingko Little Gem Magnolia
Delta Bluegrass No-Mow Sod
Brillancy Orchid Rock Rose Dwarf Yeddo Hawthorn
Yankee Point Carmel Creeper
Breeze Mat Rush
Pink Trailing Myoporum
Kangaroo Paw HarmonySilver Germander
Western Redbud Santa Cruz Island Ironwood London Plane Tree Kurapia
Teucrium fruticans ‘Azureum’ Bush Germander
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ENVIRONMENTAL CHECKLIST FOR STREAMLINED REVIEW

PURSUANT TO CALIFORNIA PUBLIC RESOURCES CODE
SECTION 21083.3 AND CEQA GUIDELINES SECTIONS 15168 and 15183 38600 CEDAR BOULEVARD

RESIDENTIAL DEVELOPMENT PROJECT
Prepared For:

City of Newark
37101 Newark Boulevard
Newark, CA 94560
Prepared By:

M-Group
51 East Campbell Avenue, #1247
Campbell, CA 95009
July 2023

EXHIBIT D
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38600 CEDAR BOULEVARD RESIDENTIAL DEVELOPMENT PROJECT

CEQA ENVIRONMENTAL CHECKLIST FOR STREAMLINED REVIEW
Project Title: 38600 Cedar Boulevard Residential Development Project Lead Agency: City of Newark
37101 Newark Boulevard
Newark, CA 94560
Contact Person: Carmelisa Lopez, Senior Planner
Phone: (510) 578-4215 Email: [email protected] Project Location: 38600 Cedar Boulevard, City of Newark, Alameda County, California APNs 92A-2585-12-1 and 92A-2585-31
Property Sponsor and
Owner(s):

Property Owner:

Cedar Boulevard Townhomes, LLC
2801 West Coast Highway 270
Newport Beach, CA 92663
925.321.6327
Project Applicant:

Brian Steele
Waymark Development LLC
3223 Crow Canyon Road
Suite 200
San Ramon, CA 94583
925.321.6327
General Plan Designation: Medium Density Residential (14-30 dwelling units/acre) Zoning: Residential Medium Density (RM)
Description of Project: The Project consists of demolition of the existing commercial buildings on an approximately 3.72-acre site and construction of 76 three-story townhomes and associated improvements. The townhomes would range in floor area from 1,334 to 1,823 square feet (sf) with two-car garages and approximately 5,995 sf of private open space in total. Associated improvements would include interior roads for circulation and approximately 16,808 sf of common open space predominantly located at the rear of the site along Interstate-880 (I-880). There would be two access points to the development: one access point from Cedar Boulevard connecting to Moores Avenue and an emergency vehicle access point on the southwestern end of the site along Cedar Boulevard.

Surrounding land uses
and setting; briefly
describe the project’s
surroundings:

The site is surrounded by existing urban uses with commercial development to the northwest on a site that is proposed for residential development consisting of single family-residences and two-unit attached townhouses. An engineered flood control channel, owned and operated by the Alameda County Flood Control and Water Conservation District, separates the Project site from the potentially residential property described above to the northwest. I-880 is located to the northeastern side of the Project site, a motel (EZ 8 Motel) is located to the southern side of the Project site, single-family residences are located to the southwest across Cedar Boulevard.

Other public agencies
whose approval is
required (e.g. permits,
financial, or participation
agreements):

San Francisco Regional Water Quality Control Board (SFRWQCB) Alameda County Water District (ACWD)
Alameda County Flood Control and Water Conservation District (ACFCWCD) Alameda-Contra Costa Transit District (AC Transit)
California Department of Transportation (Caltrans)
Union Sanitary District (USD)
Have California Native
American tribes requested
The City conducted notification within the statutory timeframe provided by Public Resources Code §21080.3.1. Notices were sent to tribes by mail and via email Packet Page 198
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consultation pursuant to
Public Resources Code
section 21080.3.1?
on February 8, 2023. One response from the Confederated Villages of Lisjan Nation was received on February 9, 2023, with a request for additional information regarding the Project site that was provided to the Tribal representative on February 10, 2023. To date, July 2023, the City of Newark has not received any further communication from the above referenced tribe and has not received responses requesting consultation from any other tribes contacted.

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38600 CEDAR BOULEVARD RESIDENTIAL DEVELOPMENT PROJECT

TABLE OF CONTENTS PAGE

1. INTRODUCTION.........................................................................................................................................6

2. PROJECT DESCRIPTION..........................................................................................................................6

2.1. VICINITY SETTING...............................................................................................................................6

2.2. PROJECT SITE SETTING ....................................................................................................................6

2.3. PROJECT DESCRIPTION ....................................................................................................................7

2.4. CONSTRUCTION..................................................................................................................................9

2.5. PUBLIC OUTREACH.............................................................................................................................9

2.6. ENTITLEMENTS ................................................................................................................................. 10

3. APPLICABLE CEQA PROVISIONS AND FINDINGS .............................................................................14

3.1. GENERAL PLAN EIR (2013 FEIR) .....................................................................................................14

3.2. CONSISTENCY WITH PROGRAM EIR (CEQA GUIDELINES SECTION 15168).............................14

3.3. APPLICABILITY OF THE 38600 CEDAR BOULEVARD RESIDENTIAL DEVELOPMENT PROJECT TO 15168.............................................................................................................................................14

3.4. GENERAL PLAN/COMMUNITY PLAN EXEMPTION (CEQA GUIDELINES SECTION 15183) ........14

3.5. APPLICABILITY OF THE 38600 CEDAR BOULEVARD RESIDENTIAL DEVELOPMENT PROJECT TO 15183.............................................................................................................................................15

3.6. CEQA DETERMINATION AND SUMMARY OF FINDINGS ...............................................................16

3.7. ENVIRONMENTAL CONDITIONS OF APPROVAL ...........................................................................17

4. EVALUATION OF ENVIRONMENTAL EFFECTS...................................................................................18

4.1. AESTHETICS ......................................................................................................................................19

4.2. AGRICULTURAL AND FORESTRY RESOURCES............................................................................21

4.3. AIR QUALITY ......................................................................................................................................22

4.4. BIOLOGICAL RESOURCES...............................................................................................................26

4.5. CULTURAL RESOURCES..................................................................................................................29

4.6. ENERGY..............................................................................................................................................32

4.7. GEOLOGY AND SOILS.......................................................................................................................33

4.8. GREENHOUSE GAS EMISSIONS .....................................................................................................36

4.9. HAZARDS AND HAZARDOUS MATERIALS......................................................................................38

4.10. HYDROLOGY AND WATER QUALITY...............................................................................................43

4.11. LAND USE AND PLANNING...............................................................................................................48

4.12. MINERAL RESOURCES.....................................................................................................................49

4.13. NOISE..................................................................................................................................................50

4.14. POPULATION AND HOUSING ...........................................................................................................55

4.15. PUBLIC SERVICES.............................................................................................................................56

4.16. RECREATION .....................................................................................................................................59

4.17. TRANSPORTATION............................................................................................................................60

4.18. TRIBAL CULTURAL RESOURCES ....................................................................................................66

4.19. UTILITIES AND SERVICE SYSTEMS ................................................................................................68

4.20. WILDFIRE............................................................................................................................................72

4.21. MANDATORY FINDINGS OF SIGNIFICANCE...................................................................................73

5. REFERENCE DOCUMENTS....................................................................................................................76

5.1. TECHNICAL APPENDICES................................................................................................................76

5.2. OTHER DOCUMENTS REFERENCED ..............................................................................................76

6. ENVIRONMENTAL CONDITIONS OF APPROVAL ..............................................................................77 Packet Page 200
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TABLE OF FIGURES
FIGURE 1: REGIONAL LOCATION ..........................................................................................................................10 FIGURE 2: PROJECT VICINITY ..............................................................................................................................11 FIGURE 3: SITE PLAN ..........................................................................................................................................13 Packet Page 201
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1. INTRODUCTION
This California Environmental Quality Act (CEQA) Analysis evaluates environmental impacts from the proposed 38600 Cedar Boulevard Residential Development Project, which consists of the demolition of the existing commercial buildings on the approximately 3.72-acre site and construction of 76 three-story townhomes and associated improvements (hereinafter referred to as the “Project”). Documentation herein has been prepared by the City of Newark as the lead agency as defined in Section 15367 of the CEQA Guidelines and in full accordance with the procedural and substantive requirements of CEQA Guidelines. This CEQA Analysis uses streamlining and tiering in accordance with CEQA Guidelines Section 15183 for consistency with the General Plan and the certified Environmental Impact Report (EIR).

2. PROJECT DESCRIPTION
The Project site is located at 38600 Cedar Boulevard (Assessor Parcel Numbers 92A-2585-12-1and 92A2585-31) in the city of Newark, Alameda County, along Interstate 880 (I-880), which defines the northeastern edge of the city. State Route 84 (SR-84) borders the city to the northwest and San Francisco Bay is located to the west of the city. The city of Fremont borders Newark to the South (Figure 1: Regional Location).

2.1. VICINITY SETTING
The Project site is bordered by I-880 to the northeast and Cedar Boulevard to the southwest and is located approximately one-third of a mile northwest of the intersection of I-880 and Mowry Avenue, which is the location of an interchange, allowing access to and from I-880; Mowry Avenue crosses I-880 with an overpass.

The land uses surrounding the project site comprise several commercial buildings to the northwest of the Project site on a site that is proposed for residential development consisting of single family-residences and two-unit attached townhouses. An engineered flood control channel, owned and operated by the Alameda County Flood Control and Water Conservation District, separates the Project site from the potentially residential property described above to the northwest. A motel (EZ 8 Motel) is located to the southern side of the Project site, and single-family residences are located to the southwest across Cedar Boulevard. 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 and High Density Residential, respectively. Land across Cedar Boulevard to the southwest of the project site is designated Low Density Residential. (Figure 2: Project Vicinity).

2.2. PROJECT SITE SETTING
The Project site carries a Medium Density Residential land use designation and is zoned Residential Medium Density (RM) (Figure 3 Land Use and Zoning). The Medium Density Residential land use designation allows for 14-30 units per net acre and is intended for garden apartments and condominiums, townhomes, row houses, 4 to 8-plexes, and older areas that contain a mix of multi-family and single-family homes within the 14-30 units per net acre density range. This land use designation is implemented by the RM zoning applicable to the Project site. 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).

The 3.72-acre Project site consists of two parcels and contains multiple easements. The Project site also includes portions of excess City right-of-way and a street remnant of Timber Street (formerly Cedar Road) between the Project site and I-880. The excess City right-of-way parcel is located to the west of I-880 and is approximately 4,610 sf in area. The street remnant of the Timber Street parcel is located along the easterly boundary of the Project site and is approximately 7,444 sf in area. On February 23, 2023, the City of Newark City Council authorized the City Manager to execute the Purchase Sale Agreement (PSA) to complete the sale and conveyance of the City property to the property owner of the Project site to be incorporated into the Project.

Pursuant to the PSA (executed on February 23, 2023), the purchase of the City property must be completed within 120 days after the City Council’s approval of the Project, or such earlier date as mutually agreed upon by the City and property owner.

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The Project site is currently developed with three buildings totaling 34,219 square feet. A warehouse building, constructed in 1979, is located on the northwest side, an L-shaped garage building occupied by a garage and offices and a ranch style office building, both constructed in 1962, are located in the southeastern portion of the Project site.

The garage building is occupied by a garage and offices. The warehouse and the garage buildings are clad in corrugated metal sheets with metal roof and are utilitarian buildings. The ranch style office is so called because of the style of the building. It is a one story, wood framed building with very shallow-pitched cross hip and gable roofs. The building is finished in stucco with stone cladding at the entry and horizontal wood under the gable ends of the composition shingle roof. The remainder of the site is occupied by a parking lot and is devoid of vegetation and trees with the exception of shrubbery along the rear property boundary. Grown coniferous trees are located in the Cedar Boulevard right-of-way at the front of the Project site, which is fenced in with a metal fence with plastic planks to this (southwest) side.

The Project site is accessed via one, two-way driveway, which is located in line with Moores Avenue that meets Cedar Boulevard on its southwest side. A bus stop served by AC Transit is located at the front of the Project site, near the Cedar Boulevard and Moores Avenue intersection. Sidewalks and Class II1 bicycle lanes are located on both sides of Cedar Boulevard fronting the Project site.

The Project site has been historically used for construction and agricultural equipment rental, sales, and/or repair businesses and is currently used as a construction and forestry equipment rental facility. Five underground storage tanks (USTs) were removed from the site in 1989. Currently, there are hazardous materials, petroleum-containing products, and other features of potential environmental concern identified on the site, including but not limited to, two active concrete above-ground storage tanks (ASTs) which contained diesel and used waste oil, and four empty ASTs that formerly contained oil and petroleum products. The uses of the Project site have led to hazardous materials contamination on the site. The Project site is included on the Cortese List2 as a hazardous waste materials site with open Leaking Underground Storage (LUST) and Program Clean Up cases (Case No. NORTRAX WEST T0600100516 and Case No. NORTAX WEST SCP T10000020483, respectively), as identified on the State Water Resources Control Board’s GeoTracker Database with ongoing site assessment activities3.

2.3. PROJECT DESCRIPTION
The 38600 Cedar Boulevard Residential Development Project proposes demolition of all existing buildings, pavement, and improvements on the Project site and construction of 76 alley-loaded three-story, three- and four-bedroom residential units that would range in floor area from 1,334 sf to 1,823 sf on the approximately

3.72-acre site (Project). The 76 residential units would be provided in a grouping of five- and six-plex buildings.

The Project would include 190 parking spaces, a two-car garage for each residential unit totaling 152 garage parking spaces and a total of 38 surface parking spaces for guests that would include six electric vehicle (EV) spaces. These spaces would be located near the front entrance and the southeastern corner of the Project site. Each residential garage would also be EV-ready. The Project’s energy supply would be required to be electric with high-efficiency appliances. The proposed buildings would feature high-performance windows and Cool Roofs4. Additionally, the Project would include sustainability features consisting of low flow fixtures, solarready homes and drought tolerant landscaping.

The residences would provide a total of 5,995 sf in private open space consisting of second floor balconies.

Additionally, the Project proposes first (ground) floor patios with the residences. 16,808 sf of common open 1 Lanes on roadways designated for use by bicycles through striping, pavement legends, and signs. 2 The provisions in Government Code Section 65962.5, pursuant to which hazardous waste materials sites are compiled, 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. 3 As defined by the State Water Resources Control Board site assessment activities include, but are not limited to, identification of the contaminants and the investigation of their potential impacts, determination of the threats/impacts to water quality, evaluation of the risk to humans and ecology, delineation of the nature and extent of contamination, delineation of the contaminant plume(s), and development of the Site Conceptual Model. 4 Cool Roofs are designed to reflect more sunlight than a conventional roof, absorbing less solar energy.

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space would be provided predominantly along the rear property line of the Project site. There would be some common open space in five other locations on site, as shown in Figure 3. Site Plan. New landscaping including trees, shrubs, and groundcover would be provided near the entrance to the site and along pedestrian walkways between the buildings. Pedestrian bollard lights would be provided along the interior walkways and downward light fixtures would be located at each of the garage entrances to the residential units. Additionally, downward pole lighting would be located predominantly along the periphery of the Project site as shown in Sheet L-3 of the Project plans (Appendix G).

As shown in Figure 3. Site Plan, the Project would be accessed via a two-way driveway into the site from the signalized intersection at Cedar Boulevard and Moores Avenue. Site circulation would consist of a private internal road that would serve as the central spine and continue as an Emergency Vehicle Access (EVA) out to Cedar Boulevard at the southwestern end of the Project site. 24’-0” wide alleyways would branch out from the central spine to provide access to the 14 residential buildings via two-car garages on the ground floor of each residential unit. Landscaped pedestrian walkways would provide access to the front doors of the residences as shown in Sheet L-1 of the Project Plans (Appendix A) with the walkways between the buildings on the southwest side of the central spine extending out to Cedar Boulevard.

As mentioned above, the site contains multiple easements, which would be addressed in the site design. The easements that would remain on the site are located within the driveway into the site and within the proposed open space at the rear of the Project site.

Off-Site Improvements.

The Project would include the following off-site improvements:
• Widening of Cedar Boulevard on its northeast side along the Project site frontage that would accommodate a 12-foot travel lane, an 11-foot travel lane, a 2-foot bike buffer, and a 5-foot bike lane with a four-to six-foot wide parkway strip behind the curb and 6-foot wide separated meandering sidewalk included in the street section.
• Extension of the existing Cedar Boulevard landscape median island toward the north to create a dedicated left turn pocket at the Cedar Boulevard-Moores Avenue intersection. • Relocation behind the new curb line of existing utilities including streetlights, fire hydrants, water meters, joint trench boxes as well as the existing storm drainage inlet located at the proposed Project’s entrance.
• Relocation behind the new curb line of existing traffic signal heads and pole in the southeast quadrant of the Cedar Boulevard-Moores Avenue intersection.
• New directional curb ramps at the Project entrance and new crosswalks on the eastern and northern legs of the Cedar Boulevard-Moores Avenue intersection. • Restriping of crosswalk on the southern leg of the intersection to match the new directional curb ramp locations and pedestrian push button location and in the northeastern half of Cedar Boulevard to match the proposed lane widths.
• Installation of a new Cedar Boulevard landscape median north of Moores Avenue intersection to create a dedicated left turn pocket into the project entrance. The landscape median will connect to the new landscape median that will be constructed with the adjacent project. • A traffic signal and crosswalk improvements at the Cedar Boulevard and Smith Avenue intersection, in accordance with condition of approval (COA) TRAN-1. Traffic signal plans shall be prepared, reviewed, and approved as part of the Project’s improvement plans. The adjacent residential development to the west of the Project site is similarly conditioned to provide the traffic signal improvements at Cedar Boulevard and Smith Avenue. If, at the time of final map approval, the Packet Page 204
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applicant of the adjacent residential development has already provided guarantee(s) or other appropriate improvement security for the traffic signal, the Project will not be required to install the traffic signal.

Existing curb and gutter along the Project Frontage and an existing power pole and guy wire at the Cedar Boulevard-Moores Avenue intersection would be removed for the road widening and existing overhead lines will be undergrounded to the nearest existing power pole on Moores Avenue. Existing overhead lines along the project’s easterly property line (adjacent to the I-880 freeway) will also be undergrounded and existing power poles removed.

2.4. CONSTRUCTION
For the purposes of this analysis, it is assumed that construction of the Project would begin in the fourth quarter of 2023 and would take approximately one and a half years to complete. Construction would include demolition, site preparation & grading, utility & building construction, paving, and landscaping/architectural finishes.

Construction vehicles would access the site via Cedar Boulevard with construction traffic routed along to and from I-880 via Mowry Avenue to Cedar Boulevard. Construction staging areas will be determined at the time of construction.

Demolition.

This construction phase would include demolition and removal of existing buildings, pavement, service utilities, and above ground storage tanks. The Project proposes to reuse the material that can be reused on site; the demolition material that cannot be used would be hauled off to the Fremont Recycling and Transfer facility on Boyce Road in Fremont. Demolition equipment would include, but not be limited to, concrete saws, excavators, and dozers. Demolition is anticipated to take approximately one month to be completed.

Site Preparation and Grading.

Site preparation and grading would follow demolition activity to allow for the proposed residential development and associated improvements. Grading onsite would result in 9,000 cubic yards of cut and 9,000 cubic yards of fill. As such, the site preparation activities would not result in the export of material. Construction equipment required to accomplish this phase of the construction would include dozers, tractors, loaders, backhoes, excavators, and graders. Site preparation and grading is anticipated to take approximately three weeks to complete.

Utility and Building Construction.

This phase would include construction of the proposed residential buildings and installation of utilities and would require the use of cranes, forklifts, generator sets, welders, tractors, loaders, and backhoes to be accomplished. This phase is anticipated to take approximately one year to be completed.

Street Paving
This phase would entail final street paving across the site that would require the use of cement/mortar mixers, pavers, and rollers. Street paving is anticipated to take approximately one month to be completed.

Architectural Finishes and Landscaping.

This phase would conclude Project construction and would require the use of air compressors for construction equipment. This phase is anticipated to be completed in two months.

2.5. PUBLIC OUTREACH
The applicant provided notice of a community meeting ten days in advance via mail to property owners within 500 feet radius of the Project site. The meeting was conducted on the Project site on April 17, 2023. Three people attended the meeting and received information, but no written comments were submitted.

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2.6. ENTITLEMENTS
The Project applicant has requested the following entitlements:

1. Vesting Tentative Map to create one lot and 76 condominium units;

2. Design Review of the proposed buildings and site improvements; and

3. Minor Use Permit for buildings heights above 35’-0” and fences/walls above 6’-0”.

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Figure 1: Regional Location
Source: Google Earth, Imagery Dated, July 9, 2022
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Figure 2: Project Site and Vicinity
Source: Google Earth, Imagery Dated, July 9, 2022
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Figure 3: Site Plan
Source: Project Plans, Dated June 20, 2023
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3. APPLICABLE CEQA PROVISIONS AND FINDINGS
The following discussion presents the relevant provisions of CEQA to which the proposed 38600 Cedar Boulevard Residential Development Project complies. It provides an overview of the Community Plan Exemption, determination of consistency with the City’s program level Environmental Impact Report (EIR) for the General Plan (referred to as “General Plan Tune Up” in the 2013 FEIR) and the Final Environmental Impact Report (FEIR), 2013. A description of how the Project complies with each provision is presented below. Finally, this section concludes with the CEQA finding and determination that the project is exempt from further environmental review.

3.1. GENERAL PLAN EIR (2013 FEIR)
The City of Newark General Plan that was adopted in 2013 serves as the document that guides future development citywide and expresses the community’s development goals and public policies relative to land uses. The General Plan EIR (2013 FEIR) assesses potentially significant environmental impacts associated with implementation of the General Plan. The 2013 FEIR was prepared in order to provide the public, responsible agencies, and decision makers with information about the probable environmental effects of adoption and implementation of the General Plan. The 2013 FEIR serves as a programmatic document that is intended to be used to evaluate subsequent projects and activities within the planning area. The findings of the 2013 FEIR are presented below in Section 4 for each environmental category.

3.2. CONSISTENCY WITH PROGRAM EIR (CEQA GUIDELINES SECTION 15168) The City of Newark certified the 2013 FEIR, a program level EIR, that includes an analysis of the development potential of the 38600 Cedar Boulevard site. The 2013 FEIR provides for streamlining and/or tiering opportunities under CEQA Guidelines Section 15168. CEQA Guidelines Section 15168(c) states that “later activities in the program must be examined in the light of the program EIR to determine whether an additional environmental document must be prepared.”

3.3. APPLICABILITY OF THE 38600 CEDAR BOULEVARD RESIDENTIAL DEVELOPMENT PROJECT TO 15168
The proposed 38600 Cedar Boulevard Residential Development Project is a “later activity” of the program EIR.

Section 4 of this CEQA Analysis provides an assessment of the Project’s environmental impacts relative to what was analyzed in the 2013 FEIR. As described in Section 4, the Project, does not result in environmental effects that were not previously examined. As such, pursuant to CEQA Guidelines Section 15162 and 15163, no subsequent or supplemental EIR is required. In accordance with CEQA Guidelines Section 15168(c)(2), the City can “approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required.”
CEQA Guidelines Section 15168(c)(3) states that “an agency shall incorporate all feasible mitigation measures and alternatives developed in the program EIR into later activities in the program.” Section 6 of this CEQA analysis identifies the relevant environmental conditions of approval that will be required of the proposed Project to demonstrate compliance with mitigation measures set forth in the program level EIR, and policies, programs, and goals of the City of Newark General Plan.

As described below in Section 4, for each environmental resource topic in the Environmental Checklist, with implementation of mitigation measures, the proposed project would not result in significant impacts beyond those analyzed in the 2013 FEIR. In addition, the project is subject to the payment of Development Impact Fees, which are collected to offset incremental increases in demands for public services and infrastructure from implementation of the General Plan.

3.4. GENERAL PLAN/COMMUNITY PLAN EXEMPTION (CEQA GUIDELINES SECTION 15183) California Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183 allow a streamlined environmental review process for projects that are consistent with the densities established by existing zoning, community plan, or general plan policies for which an EIR was certified.

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Section 15183 (a) “mandates that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. This streamlines the review of such projects and reduces the need to prepare repetitive environmental studies.” Section 15183(b) specifies that “in approving a project meeting the requirements of Section 15183, a public agency shall limit its examination of environmental effects to those which the agency determines, in an initial study or other analysis:
1) Are peculiar to the project or the parcel on which the project would be located; 2) Were not analyzed as significant effects in a prior EIR on the zoning action, general plan, or community plan, with which the project is consistent;
3) Are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action; or 4) Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR.”
Section 15183(c) specifies that if an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards, then an additional EIR need not be prepared for the project solely on the basis of that impact.

Section 15183(d) further states that the streamlining provisions of this section “shall apply only to projects that meet the following conditions:
(1) the project is consistent with a community plan adopted as part of a general plan, a zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development, or a general plan of a local agency; and (2) an EIR was certified by the lead agency for the zoning action, the community plan, or the general plan.”

3.5. APPLICABILITY OF THE 38600 CEDAR BOULEVARD RESIDENTIAL DEVELOPMENT PROJECT TO 15183
The proposed 38600 Cedar Boulevard Residential Development Project is consistent with the General Plan land use designation and zoning for the site, as outlined below, and meets the streamlining provisions under CEQA Guidelines Section 15183(d)(1):
(d)(1)(A) The project is consistent with a community plan adopted as part of a general plan.

The City of Newark General Plan was approved and the EIR (SCH Number 2013012052) was certified on November 12, 2013, by City Council Resolution Number 10,415. The Project is located in the eastern part of Newark on a site that carries a Medium Density Residential land use designation and is zoned Residential Medium Density (RM). The Medium Density Residential land use designation allows for 14-30 units per net acre and is intended for garden apartments and condominiums, townhomes, row houses, 4 to 8-plexes, and older areas that contain a mix of multi-family and single-family homes within the 14-30 units per net acre density range.

Consistent with the density and intent of the Medium Density Residential land use designation, the Project proposes construction of 76 alley-loaded three-story, three- and four-bedroom residential units (townhomes) upon demolition of all existing buildings, pavement, and improvements on the Project site. The Project site is also a part of the Cedar Boulevard Industrial to Residential Conversion area identified as Site “G” in the City Packet Page 211
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of Newark Housing Element Update 2015 as part of the Regional Housing Needs Assessment (RHNA) for development as an infill site within the range of densities proposed and planned for in the City’s General Plan. (d)(1)(B) The project is consistent with a zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development.

The Project is subject to and consistent with the applicable development standards and zoning requirements within the General Plan and the City of Newark Zoning Code (Title 17 of the Newark Municipal Code). The Project meets applicable policies and actions of the General Plan and the applicable development standards within the Zoning Code.
(d)(1)(C) The project is consistent with the City of Newark General Plan.

As described above, The Project is proposed and would be developed consistent with the density and intent of the Medium Density Residential designation of the City’s General Plan. The proposed Project is consistent with applicable General Plan policies, including, but not limited to:
• Policy LU-1.7 Executive Housing. Develop and maintain a range of housing types in the city, including executive housing which provides residents with opportunities for "move up" housing within the city. • Policy LU-2.2 Context-Sensitive Design. Require that new structures, additions, and major renovations are aesthetically compatible with existing structures and the surrounding context, and contribute positively to the visual quality of neighborhoods.
• 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. • Policy LU-2.8 Relating Density to Transit Service. Allow higher residential densities in areas with more frequent and reliable public transit service, and ensure that public transit services are expanded in areas where growth is projected.
• Policy HW-2.1 Promoting Walking and Bicycling. Promote walking and bicycling as a healthier and more appealing alternative to driving for short-distance trips. This should include improved safety features such as marked crosswalks, high-visibility road markings, crossing islands, curb extensions, and other improvements that improve pedestrian safety. It should also include streetscape, landscaping, and bike lane improvements that make walking and bicycling more comfortable and pleasant. • 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, and sidewalks on all remaining Newark streets not yet fully improved to encourage safe, convenient pedestrian travel. Where appropriate, include marked crosswalks at intersections and install pedestrian countdowns at traffic signals to facilitate safe pedestrian movement across City streets.

3.6. CEQA DETERMINATION AND SUMMARY OF FINDINGS
As summarized above and presented herein, the proposed 38600 Cedar Boulevard Residential Development Project is eligible for the following CEQA exemptions:

Consistency with Program EIR. The City of Newark 2013 FEIR provides for streamlining and/or tiering provisions under CEQA Guidelines Section 15168. This CEQA Analysis demonstrates that the Project would not result in substantial changes or involve new information that would warrant preparation of a subsequent EIR because the level of development proposed is within the development assumptions analyzed in the program level EIR (2013 FEIR). No further environmental review is required.

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Community Plan Exemption. Streamlined environmental review per Section 15183 of the CEQA Guidelines and California Public Resources Code Section 21083.3. The Project is consistent with the General Plan and will not result in significant environmental impacts that were not previously identified as significant project-level, cumulative or offsite effects in the 2013 FEIR. The Project is exempt from further CEQA review since it is consistent with the General Plan.

Findings Summary
As described herein, the proposed 38600 Cedar Boulevard Residential Development Project is within the scope of development projected under the General Plan for which an EIR was certified in 2013. The proposed Project will implement applicable mitigation measures identified in the 2013 FEIR. In addition, the Project would be required to comply with applicable conditions of approval and subject to uniformly applied development standards. With implementation of required mitigation measures and conditions of approval, the Project would not result in a substantial increase in the severity or significant impacts that were previously identified in the program level EIR, nor would the Project introduce any new significant impacts that were not previously identified. Therefore, there would be no additional environmental impacts beyond those analyzed in the 2013 FEIR.

3.7. ENVIRONMENTAL CONDITIONS OF APPROVAL
The Project shall incorporate all feasible mitigation measures set forth in findings of fact for prior applicable Environmental Impact Reports (EIR). The following EIRs have been determined by the City to be applicable to the Project:
• City of Newark General Plan EIR (SCH Number 2013012052) In each impact section of the Evaluation of Environmental Impacts, applicable mitigation measures from the findings of fact for the certified EIR are identified. Section 6 of this CEQA Analysis identifies relevant conditions of approval for the Project derived from mitigation measures, policies, and implementing programs established in the City’s General Plan and the certified 2013 FEIR.

Conditions of approval have been identified throughout the following analysis to ensure implementation of applicable mitigation measures and policies set forth in the General Plan and its EIR. The 38600 Cedar Boulevard Residential Development Project applicant has reviewed, accepted, and shall implement all conditions of approval as part of the Project.

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4. EVALUATION OF ENVIRONMENTAL EFFECTS
This section examines the Project’s potential environmental effects within the parameters outlined in CEQA Guidelines Section 15183(b). The “Prior EIRs” (as defined in CEQA Guidelines Section 15183(b)(3)) is the City of Newark General Plan EIR (2013 FEIR), inclusive of all impact determinations, significance thresholds and mitigation measures identified therein.

Th evaluation builds from the Appendix G Environmental Checklist and has been modified to reflect the parameters outlined in CEQA Guidelines Section 15183(b). The checkboxes in the evaluation below indicate whether the proposed Project would result in environmental impacts, as follows:
• New Significant Impact – The proposed Project would result in a new significant impact that was not previously identified in the 2013 FEIR.
• Substantial Increase in Severity of Previously Identified Significant Impact in GP EIR – The proposed Project’s specific impact would be substantially greater than the specific impact described in the 2013 FEIR.
• Substantial Change Relative to GP EIR – The proposed Project would involve a substantial change from analysis conducted in the 2013 FEIR.
• Equal or Less Severity of Impact than Previously Identified in GP EIR – The severity of the specific impact of the proposed Project would be the same as or less than the severity of the specific impact described in the 2013 FEIR.

Where the severity of the impacts of the proposed Project would be the same as or less than the severity of the impacts described in the 2013 FEIR, the checkbox for Equal or Less Severity of Impact Previously Identified in FEIR is checked. Where the checkbox for Substantial Increase in Severity of Previously Identified Significant Impact in FEIR or New Significant Impact is checked, there are significant impacts that are:
• Peculiar to project or project site (CEQA Guidelines Section 15183[b][3]); • Not analyzed as significant impacts in the previous EIRs, including off-site and cumulative impacts (CEQA Guidelines Section 15183[b][2]);
• Due to substantial changes in the project (CEQA Guidelines Section 15162[a][1]); • Due to substantial changes in circumstances under which the project will be undertaken (CEQA Guidelines Section 15162[a][2]); or
• Due to substantial new information not known at the time the EIRs were certified (CEQA Guidelines Sections 15162[a][3] and 15183[b][4]).

As described herein, the proposed Project will be required to comply with all applicable mitigation measures identified in the 2013 FEIR.

This evaluation hereby incorporates by reference the 2013 FEIR discussion and analysis of all environmental topics. The 2013 FEIR significance thresholds have been consolidated and abbreviated in this Checklist; a complete list of the significance thresholds can be found in the 2013 FEIR.

The 2013 FEIR is a program level document that considers the combined effects of implementing several related projects. As such, the analyses presented in the 2013 FEIR represent a cumulative analysis of environmental impacts that may occur from buildout of the General Plan.

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4.1. AESTHETICS
Except as provided in Public Resources Code Section
21099, would the project:

New
Significant
Impact Not
Identified in
2013 FEIR
More
Severe
Impact
Relative to
2013 FEIR
No
Substantial
Change
Relative to
2013 FEIR
No Change
Relative to
the 2013
FEIR
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 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?
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime views in
the area?
Sources: City of Newark General Plan, 2013 and General Plan Tune Up Draft EIR and Final EIR, 2013; Architectural Plan Set, prepared by WHA Architects, Planners, Designers., dated April 21, 2023.

General Plan EIR Findings
The 2013 FEIR evaluated potential impacts to aesthetics in Chapter 4.1 in the Plan Area incorporating the City of Newark and determined the following:
• Impact AES-1: The proposed Plan would not have a substantial adverse effect on a scenic vista and the impact of the proposed Plan on scenic vistas subject to the City of Newark Municipal Code (NMC), Chapter 17.16.220 Design Guidelines and implementation of General Plan Policies LU-4.13, LU-4.14 and POS-1.6. This impact is considered to be less than significant. • Impact AES-2: The proposed Plan would not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings, within a State scenic highway and the proposed Plan would have no impact on these resources.
• Impact AES-3: The proposed Plan would result in a significant impact to the visual character of the Southwest Newark Residential and Recreational Focus Area and there is no feasible mitigation which would reduce impacts to a less-than significant level. This impact would be significant and unavoidable.

A statement of overriding consideration was adopted with certification of the 2013 FEIR. • Impact AES-4: The Plan would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area subject to compliance with NMC regulations intended to limit adverse light and glare impacts and the implementation of General Plan Policies LU4.7 and PROS-3.5. This impact is considered less than significant.

General Plan Policies and Actions would render most impacts less than significant, however not all impacts may be reduced to less than significant levels. A statement of overriding consideration was adopted with the certification of the 2013 FEIR.

Project Consistency with the 2013 FEIR
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4.1(a) (Scenic Vistas) No Change Relative to the 2013 FEIR: The 2013 FEIR determined that there are no designated scenic vistas within the City and the General Plan does not identify any specific vistas or views for special protection in the future. However, views of the 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 within the Plan Area.

The 2013 FEIR concluded impacts to scenic vistas would be less than significant with implementation of the General Plan.

The Project proposes the construction of 76 three-story residential units that would replace the existing onestory buildings on the Project site consistent with the use and density contemplated by the General Plan. The closest open spaces to the project site are Byington Park on Central Avenue and Birch Grove Park on Birch Street. There could potentially be distant views of the hills to the east from these open spaces, however, these views are obscured by existing development. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

4.1(b) (Scenic Highways) No Change Relative to the 2013 FEIR: The 2013 FEIR determined that there are no State designated scenic highways in or adjacent to Newark. Accordingly, the Project will have no impact on scenic resources within a state scenic highway. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

4.1(c) (Scenic Quality) No Change Relative to the 2013 FEIR: The 2013 FEIR determined that there would be significant and unavoidable impacts related to scenic quality in the Southwest Newark Residential and Recreational Focus Area. The Project site is located away from this area near the eastern edges of the city, adjacent to I-880. The 3.72-acre Project site is zoned Residential Medium Density (RM) and would be developed with a total of with 76 residential units at a density of 20.43 units per acre that is within the allowable density of 14-30 units per acre in the RM zoning district. The Project would be required to comply with Policy LU-4.12 of the City’s General Plan regarding fences and gates that would be required to be compatible with adjacent structures and with the neighborhood context. Through the design review process, the Project would also be required to comply with Policy LU-2.2 regarding context-sensitive design such that the Project would be aesthetically compatible with existing structures and the surrounding context, and would contribute positively to the visual quality of neighborhoods. The Project would not have any substantial adverse effect on scenic vistas as discussed in 4.1(a) above and would not conflict with General Plan Policy LU-4.14 that 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. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

4.1(d) (Lighting and Glare) No Change Relative to the 2013 FEIR: The 2013 FEIR determined that future development under the General Plan may create new sources of light and glare, but determined that in the urbanized context of Newark this increase would not substantially and adversely affect daytime or nighttime views. The 2013 FEIR identified compliance with the NMC regulations intended to limit adverse light and glare impacts and the implementation of General Plan Policies LU-4.7 and PROS-3.5 as the means to address adverse light and glare impacts.

Proposed exterior lighting would be in conformance with Policy LU-4.7 and applicable provisions of the NMC implemented through a standard condition of Design Review approval such that it is directed on-site and not create glare off-site. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

Conclusion and Environmental Conditions of Approval
The Project would not result in any substantial new or more severe impacts to aesthetics relative to what was identified in the 2013 FEIR. The Project would be required to comply with City of Newark regulations that implement General Plan policies, including Zoning Code standards intended to limit adverse light and glare impacts captured in the following environmental condition of approval:

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COA AES-1: All exterior lighting shall comply with all applicable regulations in NMC §17.17.060 (Lighting and Illumination) and NMC Chapter 17.23 (Parking and Loading). All exterior lighting shall be directed on-site so as not to create glare off-site, as required by the Community Development Director.

4.2. AGRICULTURAL AND FORESTRY RESOURCES
Would the project:

New
Significant
Impact Not
Identified in
2013 FEIR
More
Severe
Impact
Relative to
2013 FEIR
No
Substantial
Change
Relative to
2013 FEIR
No Change
Relative to
the 2013
FEIR
a) Convert Prime Farmland, Unique Farmland, or
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?
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?
Sources: City of Newark General Plan, 2013 and General Plan Tune Up Draft EIR and Final EIR, 2013; and California Department of Conservation Farmland Mapping and Monitoring Program.

General Plan EIR Findings
The 2013 General Plan Tune Up EIR determined under Chapter 7.1 that implementation of the General Plan would not result in any potentially significant impacts to agricultural and forestry resources because the city is located in a highly urbanized sector of Alameda County. There are no forest resources or timberland resource zones in Newark or the surrounding area, and there is no active timberland production in the general vicinity of the Plan Area. And conversion to nonagricultural uses of portions of the Plan Area that are in agricultural use would not make a cumulatively considerable contribution to the loss of agricultural lands in the surrounding area.

Project Consistency with the 2013 FEIR

4.2(a-e) (Farmland, Agricultural Land, Forest Land) No Change Relative to the 2013 FEIR: The 2013 FEIR determined that buildout would result in a less than significant impact to agricultural resources. The Project site is highly developed with existing buildings and paving. It does not contain farmland or forest land pursuant to Section 12220(g) of the Public Resources Code. As the Project is within the scope of development projected under the General Plan/Specific Plan and the 2013 FEIR, there would be no additional impacts to agricultural and forestry resources beyond those analyzed in the 2013 FEIR.

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Conclusion
The Project would not result in any new or more severe impacts to agricultural and forestry resources relative to what was identified in the 2013 FEIR. The Project consists of development within an urban context that would not impact agricultural or forestland resources and is consistent with the City’s General Plan. No environmental conditions of approval related to agriculture and forestry resources are required.

4.3. AIR QUALITY
Would the project:

New
Significant
Impact Not
Identified in
2013 FEIR
More
Severe
Impact
Relative to
2013 FEIR
No
Substantial
Change
Relative to
2013 FEIR
No Change
Relative to
the 2013
FEIR
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) Exposure of sensitive receptors to substantial
pollutant concentrations?
d) Result in other emissions (such as those leading to
odors) adversely affecting a substantial number of
people?
Sources: City of Newark General Plan, 2013 and General Plan Tune Up Draft EIR and Final EIR, 2013; Air Quality and Greenhouse Gas Analysis, prepared by LSA, November 7, 2022.

General Plan EIR Findings
The 2013 FEIR evaluated potential impacts to air quality in Chapter 4.2 of the General Plan Tune Up EIR and determined the following:
• Impact AIR-1: Buildout of the proposed project (General Plan) would not be consistent with the Bay Area Clean Air Plan (2010) because the projected vehicle miles traveled (VMT) increase from the build out would be greater than the projected population increase. Although the General Plan contains goals, policies and actions to address future increase in VMT and criteria air pollutants, the impact would be significant and unavoidable, and there are no available mitigation measures. A statement of overriding consideration was adopted with certification of the 2013 FEIR. • Impact AIR-2 and AIR-3: Subsequent land use activities associated with implementation of the proposed project (General Plan) would generate an increase in operational and construction related emissions of criteria air pollutants in the Plan area. However, they would not violate any air quality standard or contribute substantially to an existing or projected air quality violation with implementation of General Plan Policies CS-5.1 to CS-5.5, T-1.1 to T-1.3, T-1.6, T-2.1 to T-2.11, T-3.1 to T-3.9, T-4.1 to T-4.9, LU-1.1 to LU-1.4, and LU-4.2 as they relate to operational emissions, and compliance with Bay Area Air Quality Management District (BAAQMD) Basic Control Measures pursuant to General Plan Action HW-1.G, and Action HW-1.I as they relate to construction emissions. This impact is considered less than significant.

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• Impact AIR-3: Subsequent land use activities associated with implementation of the proposed project (General Plan) would not result in significant impacts with respect to the placement of sensitive receptors proximate to major sources of air pollution or the siting of new sources of air pollution proximate to sensitive receptors in the City subject to implementation of General Plan Policies LU-2.4 and LU-2.C, and Action HW-1.F. This impact is considered less than significant. • Impact AIR-4: Subsequent land use activities associated with implementation of the proposed project (General Plan) would not result in significant impact with regard to creating or exposing a substantial number of people to objectionable odors subject to implementation of General Plan Action HW-1.H, as applicable. This impact is considered less than significant.

Implementation of the General Plan would result in potentially significant air quality impacts. General Plan Policies and Actions would render most impacts less than significant, however not all impacts may be reduced to less than significant levels. A statement of overriding consideration was adopted with the certification of the 2013 FEIR.

Project Consistency with the 2013 FEIR

4.3(a) (Conflict with Plan) No Substantial Change Relative to the 2013 FEIR: The 2013 FEIR found that build out of the General Plan would result in significant and unavoidable impacts on air quality. The 2013 FEIR determined that while the General Plan would support the primary goals of the 2010 Bay Area Clean Air Plan, buildout of the proposed Plan would not be consistent with the Clean Air Plan because the projected vehicle miles traveled (VMT) increase from buildout of the proposed Plan would be greater than the projected population increase. As it relates to the General Plan, the development proposed by the proposed Project is within the projections analyzed in 2013 FEIR and would not create new impacts, more significant impacts, or a substantial change from the 2013 FEIR.

In the 2017 BAAQMD CEQA Air Quality Guidelines, the BAAQMD established thresholds of significance for construction and operation for emission levels that, if exceeded, may be considered potentially significant impacts. Project-specific analysis of air pollutant emissions, (Appendix A), quantifies emission from short-term construction-related activities (e.g., demolition, grading, building, paving, construction equipment, worker trips etc.) and long-term operations (e.g., resident and visitor vehicle use and area sources from consumer products, and landscaping maintenance equipment). Air quality emissions generated by the Project would not exceed BAAQMD significance thresholds during construction or operation, as shown in Tables 1 and 2 below.

Table 1. Construction Emissions
Pollutant BAAQMD Threshold
(pounds/day)
38600 Cedar Boulevard Residential
Development Project Daily Average
(pounds/day)
ROG (reactive organic gases) 54 3.2
NOX (nitrogen oxides) 54 10.1
PM10 (particulate matter-10 microns) 82 (exhaust) 0.6
PM2.5 (particulate matter-2.5 microns) 54 (exhaust) 0.6 PM10/PM2.5 (fugitive dust) BMPs* Required to comply with BMPs Source: Air Quality and Greenhouse Gas Analysis for the proposed Cedar Townhomes Project at 38600 Cedar Boulevard, Newark, California, October 2022, prepared by LSA.
* Best Management Practices.

Table 2. Operational Emissions
Annual Average (tons/year)
Pollutant BAAQMD Threshold 38600 Cedar Boulevard Residential Development Project
ROG (reactive organic gases) 10 0.6
NOX (nitrogen oxides) 10 0.3
PM10 (particulate matter-10 microns) 15 0.5
PM2.5 (particulate matter-2.5 microns) 10 0.1
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Source: Air Quality and Greenhouse Gas Analysis for the proposed Cedar Townhomes Project at 38600 Cedar Boulevard, Newark, California, October 2022, prepared by LSA.

BAAQMD does not have a quantitative threshold of significance for fugitive dust. However, the 2017 BAAQMD CEQA Guidelines provide recommendations for best management practices to reduce emissions, including fugitive dust. Action HW-1.G identified in the 2013 FEIR as set forth in the General Plan requires the use of BAAQMD-recommended basic construction control measures to limit emissions of construction-related criteria pollutants, including fugitive dust. Best management practices from the latest BAAQMD CEQA Air Quality Guidelines are required to be implemented by the Project as imposed by condition of approval (COA) AQ-1, consistent with Action HW-1.G. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

4.3(b) (Increase Criteria Pollutants) No Substantial Change Relative to the 2013 FEIR: The 2013 FEIR determined that cumulative impacts related to criteria air pollutant increases would be the same as the Planspecific impacts. The Project is consistent with the projected buildout of the General Plan. At the Project-level, analysis of criteria pollutant emissions from development of the Project, as described above in 4.3(a), indicate that the Project would have emissions that are below the BAAQMD thresholds of significance as shown in Table 1 and 2 above. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

4.3.(c) (Sensitive Receptors) No Substantial Change Relative to the 2013 FEIR: The 2013 FEIR determined impacts to sensitive receptors would be less than significant with the implementation of General Plan Policies LU-2.4 and Actions LU-2.C and Action HW-1.F. Action HW-1.F. In accordance with Policy LU2.4, related to buffering from transportation facilities applicable to the Project, the Project proposes a landscaped buffer that is a minimum of 20.4 foot deep between the development and I-880. In accordance with Action HW-1.F, a health risk assessment (HRA) was conducted as part of the Air Quality and Greenhouse Gas Analysis prepared for the Project to assess impacts to sensitive receptors that are defined as residential uses, schools, daycare centers, nursing homes, and medical centers. Single-family residences are located approximately 120 feet southwest of the Project site boundary across Cedar Boulevard and multi-family residential uses are located approximately 340 feet southeast of the Project site along Cedar Court.

Additionally, single-family residences are located approximately 270 feet northeast of the Project site across I880. A school (Kings Kids Preschool) is located approximately 700 feet to the northwest of the Project site.

The Project proposes a residential use that is not associated with sources of emissions during operations that would significantly affect sensitive receptors. Construction activities would result in short-term emissions that could potentially impact nearby sensitive receptors. During construction, onsite activities will result in airborne particles from site disturbance and construction equipment emissions (i.e., diesel particulate matter exhaust emissions from vehicles and heavy equipment operations).

The HRA evaluated construction period health risks to offsite receptors and found that the risk associated with project construction at the maximally exposed individual (MEI), which is the nearest sensitive receptor would be 27.63 in one million. This risk exceeds the BAAQMD cancer risk threshold of 10 in one million. Therefore, the HRA recommends construction equipment controls to reduce the risk below the BAAQMD threshold and consequently to a less than significant level. COA AQ-2 is included below, pursuant to Action HW-1.F, to ensure implementation of the recommendation set forth in the HRA.

The HRA also evaluated potential health risks to the Project’s residential occupants and found that the MEI inhalation cancer risk associated with I-880 adjacent to the Project site would be 53.95 in one million, which would exceed the BAAQMD threshold of 10 in one million. Condition of approval (COA) AQ-3 incorporates the recommendations identified in the HRA to reduce this potential exposure risk to fall below the BAAQMD threshold, pursuant to Action HW-1.F. With implementation of COA AQ-2 and COA AQ-3, sensitive receptors would not be exposed to substantial pollution concentrations. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

4.3(d) (Odors) No Substantial Change Relative to the 2013 FEIR: The 2013 FEIR determined that impacts due to odors would be less than significant with implementation of General Plan Action HW-1.H, which requires Packet Page 220
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an evaluation of the potential for proposed projects to emit nuisance odors beyond the property line and that property owners submit odor management plans consistent with BAAQMD regulations.

As a residential development, the Project does not involve operations that may generate substantial odors, such as manufacturing, refineries, landfills, or treatment uses. The 2017 BAAQMD CEQA Guidelines contain procedures for evaluating odors for projects subject to CEQA. While BAAQMD has not established CEQA significance thresholds for odors generated as a result of project construction, the Guidelines specify an operational threshold of five confirmed complaints per year averaged over three years. Further, the City of Newark provides information on the mechanism for filing a complaint.

During construction, odors may be emitted from construction equipment and vehicles, but are temporary in nature and would be minimized through best management practices. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

Conclusion and Environmental Conditions of Approval
The proposed Project is within the scope of development projected under the General Plan, and there would be no additional impacts to air quality beyond those analyzed in the 2013 FEIR. The following environmental conditions of approval would apply to the Project in accordance with Actions HW-1.G and HW-1.F included in the General Plan.

COA AQ-1: Consistent with the Bay Area Air Quality Management District (BAAQMD) Basic Construction Mitigation Measures, the following controls are required to be included as specifications for the proposed project and implemented at the construction site to control for fugitive dust and exhaust as follows:

1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.

2. All haul trucks transporting soil, sand, or other loose material off site shall be covered.

3. All visible mud or dirt tracked-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.

4. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour.

5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.

6. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

9. A publicly-visible sign shall be posted with the telephone number and person to contact at the City of Newark regarding dust complaints. This person shall respond and take Packet Page 221
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corrective action within 48 hours. The BAAQMD's phone number shall also be visible to ensure compliance with applicable regulations.

COA AQ-2: During construction of the proposed project, the project contractor shall ensure all off-road diesel-powered construction equipment of 50 horsepower or more used for the project construction at a minimum meets the California Air Resources Board Tier 3 emissions standards with level 3 diesel particulate filters or equivalent.

COA AQ-3: The following measures shall be required to reduce toxic air contaminants (TACs) and particulate matter indoors to a level sufficient to achieve compliance with BAAQMD health risk thresholds:

2. The project applicant shall locate all air intakes as far away from Interstate 880 (I-880) as feasible.

4.4. BIOLOGICAL RESOURCES
Would the project:

New
Significant
Impact Not
Identified in
2013 FEIR
More
Severe
Impact
Relative to
2013 FEIR
No
Substantial
Change
Relative to
2013 FEIR
No Change
Relative to
the 2013
FEIR
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 Game 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, regulations or by the California Department of Fish and Game or US
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?
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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?
Sources: City of Newark General Plan, 2013 and General Plan Tune Up Draft EIR and Final EIR, 2013.

General Plan EIR Findings
Biological resources are protected by federal and state statute including the Federal Endangered Species Act (FESA), the California Endangered Species Act (CESA), the Clean Water Act (CWA), and the Migratory Bird Treaty Act (MBTA) which affords protection to migratory bird species including birds of prey. These regulations provide legal protection for identified plant and animal species of concern and their habitat.

The 2013 FEIR evaluated potential impacts to biological resources in Chapter 4.3 and determined the following:
• Impact BIO-1: Implementation of the proposed project (General Plan) would not 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 Game or U.S. Fish and Wildlife Service, This impact is considered less than significant subject to the implementation of General Plan Policies CS-1.1 to 1.3, CS-2.1 to CS-2.7, and Actions CS-1.A and CS-2.C.
• Impact BIO-2: Implementation of the proposed project (General Plan) would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service in the Plan Area. This impact is considered less than significant, subject to the implementation of mitigation measures MM BIO-2.1 to 2.5 from the Area 3 and 4 Specific Plan EIR, as applicable, and implementation of General Plan Goal CS-2, Policies CS-1.1, CS-1, CS-4, CS-3.4 to CS-3.6, and Actions CS1.A, CS2.B, CS2.C, CS3.H, CS T-2B.
• Impact BIO-3: Implementation of the proposed project (General Plan) would not 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, This impact will be less than significant. subject to the implementation of General Plan Goal CS-1, Policies CS-2.3 to CS-2.5, CS-2.8, and Actions CS2.B, CS2.C, CS.E, CS T-2.B. • Impact BIO-4: Implementation of the proposed project (General Plan) would not 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. This impact is considered less than significant subject to the implementation of General Plan Policies CS-1.2, CS1.3, CS-2.1, CS-2.3, CS-2.5, and Actions CS1.A, Actions CS2.B, Actions CS2.E. • Impact BIO-5: Implementation of the proposed project (General Plan Update) would not conflict with the City of Newark tree preservation ordinance, subject to the implementation of General Plan Goal CS-4, Policies CS-4.1 and CS-4.3, and Actions CS4.A, CS4.D. This is considered a less than significant impact.
• Impact BIO-6: Implementation of the proposed project (General Plan) would result in less than significant impact to the Basin Plan and Habitat Goals, local and regional habitat conservation planning Packet Page 223
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initiatives relevant to Newark. This impact is considered less than significant, subject to implementation of General Plan Policies CS-2.4, CS-2.5, CS-2.8, and Actions CS-2.B, CS2-C, CS-2.E. • Impact BIO-7: Implementation of the proposed project (General Plan) would result in less-than significant cumulative impacts related to biological resources. This impact is considered less than significant with adherence to applicable federal, State, and local regulations and implementation of mitigation measures identified in the previous Area 3 and 4 Specific Plan and the Dumbarton TOD Specific Plan EIRs previously certified by the City of Newark As shown on Figure 4.3-1, 4.3-2, and 4.3-3 of the 2013 FEIR, the Project site and vicinity do not contain special-status animal and plant species, sensitive natural communities and habitat and/or wetlands.

Project Consistency with the 2013 FEIR

4.4(a-f) (Special-Status Species and Sensitive Communities, Adverse Effects to Jurisdictional Waters, Adverse Effect on Wildlife Movement, Conflict with Local Ordinances, Conflicts with Habitat Conservation Plans) No Change Relative to the 2013 FEIR: The Project site and vicinity are highly developed with existing buildings and paving. As shown in Figure 4.3-1 to Figure 4.3.3 in the FEIR, this area does not contain special-status animal and plant species, sensitive natural communities and habitat and/or wetlands. As such, the Project would have no impacts to biological resources and would, therefore, not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

Conclusion and Environmental Conditions of Approval
The Project would not result in any new or more severe impacts to biological resources relative to what was identified the 2013 FEIR. The Project would result in the removal of existing coniferous trees along the Project site’s frontage on the Cedar Boulevard side and existing landscape median island on Cedar Boulevard. The following environmental conditions reflect best practices:

COA BIO-1: To avoid and minimize potential impacts to nesting birds including passerines and raptors, the following measures shall be implemented:

1. Grading or removal of potentially occupied habitat should be conducted outside the nesting season, which occurs between approximately February 1 to August 31.

4. 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 CDFW.

5. 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.

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COA BIO-2: Prior to any tree removal or alteration, the applicant shall obtain a tree removal permit from the City of Newark Public Works Department and implement tree planting requirements in accordance with development review.

4.5. CULTURAL RESOURCES
Would the project:

New
Significant
Impact Not
Identified in
2013 FEIR
More
Severe
Impact
Relative to
2013 FEIR
No
Substantial
Change
Relative to
2013 FEIR
No Change
Relative to
the 2013
FEIR
a) Cause a substantial adverse change in the
significance of a historical resource pursuant to §
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 formal cemeteries?
Sources: City of Newark General Plan, 2013 and General Plan Tune Up Draft EIR and Final EIR, 2013; Historic Resource Evaluation, prepared by Diana J. Painter, Painter Preservation, November 21, 2022.

General Plan EIR Findings
The 2013 FEIR evaluated potential impacts to cultural resources in Chapter 4.4 and determined the following:
• Impact CULT-1: Implementation of the proposed project (General Plan) would not cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5. This impact is considered less than significant subject to implementation of Mitigation Measure 4.4-2 from the 2010 Newark Housing Element EIR that pertains to the Old Town portion of Newark, Mitigation Measure

4.4-1b from the Dumbarton Transit-Oriented Development (TOD) Specific Plan EIR that pertains to the Dumbarton TOD Focus Area (now known as Bayside Newark) and General Plan Goal LU-5, Policies LU-5.1 to LU-5.4, and Actions LU5.A to LU5.E. for the Plan area overall. • Impact CULT-2: Construction activities associated with the implementation of the proposed project (General Plan) could cause a significant impact to archaeological resources in the Southwest Newark Residential and Recreational Focus Area by potentially damaging or disturbing as yet undiscovered archaeological deposits through the placement of fill and soil compression. Regulatory compliance and the implementation of General Plan Policy LU-5.5 would reduce but not eliminate the potential for damage or disturbance and no additional feasible mitigation exists to further reduce this impact in the Newark Residential and Recreational Focus Area. Therefore, impacts to archaeological resources in the Southwest Newark Residential and Recreational Focus Area would be significant and unavoidable.

A statement of overriding consideration was adopted with certification of the 2013 FEIR.

In the rest of the Plan area this impact would be rendered less than significant with implementation of Mitigation Measure 4.4-1 from the 2010 Housing Element EIR, and Mitigation Measure CUL-2.1 to CULT-2.4 from the Area 3 and 4 Specific Plan EIR, as applicable, and the implementation of General Plan Policy LU-5.5.

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• Impact CULT-3 is discussed under Geology and Soils.
• Impact CULT-4: Construction activities associated with the implementation of the proposed project (General Plan) could cause a significant impact to Native American human remains in the Southwest Newark Residential and Recreational Focus Area by potentially damaging or disturbing as yet undiscovered Native American human remains through the placement of fill and soil compression.

Compliance with the provisions of SB18, California Health and Safety Code Section 7052 and 7050.5, and California Public Resources Code Section 5097 and 15064.5 together with the implementation of Mitigation Measure 4.4-1 from the 2010 Housing Element EIR, and Mitigation Measures CUL-2.1 through CUL-2.4 from the Area 3 and 4 Specific Plan EIR would reduce this impact. However, damage or disturbance of human remains through the placement of fill and soil compression could still result in a significant impact during construction activities associated with buildout of the General Plan and no additional feasible mitigation exists to further reduce this impact Therefore, impacts to human remains, including those interred outside of formal cemeteries in the Southwest Newark Residential and Recreational Focus Area would be significant and unavoidable. A statement of overriding consideration was adopted with certification of the 2013 FEIR.

The potential for encountering as yet undiscovered archeological resources is low in the rest of the Plan Area.
• Impact CULT-5: Implementation of the proposed project (General Plan), in combination with past, present, and reasonably foreseeable projects, would result in less than significant cumulative impacts with respect to cultural resources subject to compliance with federal and State laws protecting cultural resources.

Implementation of the General Plan would result in significant and unavoidable impacts to archaeological resources and human remains in the Southwest Newark Residential and Recreational Focus Area. In other locations in the Plan area, mitigation measures, General Plan Policy LU-5.5 and Actions as identified above would render impacts to cultural resources less than significant. A statement of overriding consideration was adopted with the certification of the 2013 FEIR because not all impacts in the Southwest Newark Residential and Recreational Focus Area may be reduced to less than significant levels.

Project Consistency with the 2013 FEIR

4.5(a) (Historic Resources) No Change Relative to the 2013 FEIR: A historic resource evaluation (HRE) (Appendix B) was undertaken in accordance with Action LU-5.A of the 2013 FEIR to establish the historic significance of the buildings at 38600 Cedar Boulevard and ensure that subsequent development projects result in less than significant impacts to historical resources.

The Project site is currently developed with three buildings: A warehouse building, constructed in 1979, located on the northwest side of the Project site, and an L-shaped garage building occupied by a garage and offices and a ranch style office building, both constructed in 1962, located in the southeastern portion of the Project site. The latter two buildings, being over 50 years in age, are subject to a historic resource evaluation. If found to be historic resources under the National Register Criteria for Evaluation, the California Eligibility Criteria, or the City of Newark criteria for designation, the demolition of the two buildings could be found to have an impact under CEQA.

As detailed in the Project’s HRE, although the two subject buildings are over 50 years of age, they are not historically significant under any of the aforementioned criteria. They are not found to be a part of important events or patterns of local, state or national history. They are also not significant for an association with people important to local, state or national history. They are neither architecturally significant nor important for their information value. Based on the determination that neither of the two structures evaluated are eligible for listing, the proposed demolition of existing buildings and structures onsite will not result in impacts to an identified or eligible historic district or to an individual historical resource. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

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4.5(b) (Archaeological Resources) No Substantial Change Relative to the 2013 FEIR: As applicable to the Project site, the 2013 FEIR concluded that compliance with Mitigation Measure 4.4-1 from the 2010 Housing Element EIR and General Plan Policy LU-5.5 would ensure that subsequent development projects result in less than significant impacts to archaeological resources.

Mitigation Measure 4.4-1 from the 2010 Housing Element EIR requires that in the event an archeological Native American artifact is identified during residential development, work will cease in the immediate vicinity of the artifact until a resource protection plan conforming to CEQA Guidelines is prepared by a qualified paleontologist and/ or archeologist and approved by the City of Newark. General Plan Policy LU-5.5 requires coordination with local tribal representatives and the Native American Heritage Commission to ensure the protection of Newark’s Native American resources and to follow appropriate mitigation, preservation, and recovery procedures in the event that important resources are identified during development.

In accordance with Mitigation Measure 4.4-1 from the 2010 Housing Element EIR, COA CUL-1 is specified below. With implementation of COA CUL-1, the Project will result in less than significant impacts from a substantial adverse change in the significance of an archaeological resource if encountered during construction. Additionally, the City implemented General Plan Policy LU-5.5 by conducting notification on February 8, 2023, to local tribes within the statutory timeframe provided by Public Resources Code §21080.3.1.

One response from the Confederated Villages of Lisjan Nation was received on February 9, 2023, with a request for additional information regarding the Project site that was provided to the Tribal representative on February 10, 2023. The City of Newark did not receive any further communication from the above referenced tribe and has not received responses requesting consultation from any other tribes contacted. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR with respect to archaeological resources.

4.5(c) (Discovery of Human Remains) No Substantial Change Relative to the 2013 FEIR: In the event that during ground disturbing activities, human remains are discovered, the Project shall comply with Mitigation Measure 4.4-1 from the 2010 Housing Element EIR as imposed by COA CUL-1, which requires the immediate cessation of ground disturbing activities near or in any area potentially overlying adjacent human remains and contacting the City and County Coroner upon the discovery of any human remains and provisions of state law carried out, which include immediately contacting the Native American Heritage Commission, if it is determined by the City, and County Coroner that the discovered remains are of Native American descent. Compliance with COA CUL-2 as well as California Health and Safety Code Section 7050.5 and performance of actions therein will ensure that in the event of accidental discovery of historically significant remains the Project will result in less than significant impacts. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

Conclusion and Environmental Condition of Approval
The Project would not result in any new or more severe impacts to archaeological resources relative to what was identified the 2010 FEIR. Implementation of COA CUL-1 below, specified in accordance with Mitigation Measure 4.4-1 from the 2010 Housing Element EIR will ensure that the Project does not result in impacts to buried archaeological resources onsite, if present.

COA 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 a 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 a 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.

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4.6. ENERGY
Would the project:

New
Significant
Impact Not
Identified in
2013 FEIR
More
Severe
Impact
Relative to
2013 FEIR
No
Substantial
Change
Relative to
2013 FEIR
No Change
Relative to
the 2013
FEIR
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?
Sources: City of Newark General Plan, 2013 and General Plan Tune Up Draft EIR and Final EIR, 2013.

General Plan EIR Findings
The 2013 FEIR addresses energy in Chapter 4.2, Air Quality and Chapter 4.6, Greenhouse Gas Emissions, with reference to the control measures from the 2010 Bay Area Clean Air Plan related to energy use, water use and waste generation, and identifies various General Plan policies and actions that would support these measures. These policies and actions, include but are not limited to, green building (Policies CS-6.2, CS-6.3, and CS-6.4, and Actions CS-6.B, CS-6.C and CS-6.D), building codes (Action CS-6.A), and energy efficiency and use (Policies CS-7.1, CS-7.2, CS-7.3, CS-7.4, CS-7.5, and Action CS-7.A, CS-7.B, Action CS-7.C, CS7.D, and CS-7.F) and implementation of the City’s Climate Action Plan programs (Action CS-7.E).

Project Consistency with the 2013 FEIR

4.6(a-b) (Energy Consumption) No Change Relative to the 2013 FEIR: The Project consists of the construction and operation of a multi-family residential development that would be subject to the applicable General Plan policies regarding green building and energy use and current building code standards requiring energy efficiency in new multi-family construction. The Project would be subject to the latest energy efficiency standards as well as other green building standards pursuant to Title 24, with conformance ensured through the City’s building permit review process.

As proposed, the Project would include high-efficiency appliances, high-performance windows, Cool Roofs, low flow fixtures, and solar ready homes. Additionally, the Project would be all electric and preclude the use of natural gas infrastructure. The Project also proposes drought tolerant landscaping thereby contributing to a reduction in energy expended to treat and convey water. Construction of the Project would be subject to the BAAQMD best management practices that require minimizing idling time and maintaining construction equipment to manufacturer’s specifications that would reduce inefficient consumption of fuels. As a multi-family residential development subject to the latest building code and construction standards, energy consumption of the Project would neither be wasteful or inefficient nor would it obstruct a state or local plan for renewable energy or energy efficiency. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

Conclusion
The Project would not result in any new or more severe impacts to energy relative to what was identified in the 2013 FEIR. The Project would be required to comply with the latest energy efficiency standards as a new construction. Additionally, it is subject to uniformly applied development standards including review of construction plans by building officials to verify compliance with the most recent building codes. No environmental conditions of approval related to energy are required.

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4.7. GEOLOGY AND SOILS
Would the project:

New
Significant
Impact Not
Identified in
2013 FEIR
More
Severe
Impact
Relative to
2013 FEIR
No
Substantial
Change
Relative to
2013 FEIR
No Change
Relative to
the 2013
FEIR
a) Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury, or death involving:
i) 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.
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the 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 waste water disposal systems where sewers are not available for the
disposal of waste water?
f) Directly or indirectly destroy a unique
paleontological resource or site or unique geologic
feature?
Sources: City of Newark General Plan, 2013 and General Plan Tune Up Draft EIR and Final EIR, 2013; Geotechnical Exploration, prepared by ENGEO, January 31, 2023; Geotechnical Peer Review, prepared by Cotton, Shires and Associates, Inc., April 10, 2023; Responses to Geotechnical Review Comments, prepared by ENGEO, June 5, 2023, and Supplemental Geotechnical Peer Review, prepared by Cotton, Shires and Associates, Inc, June 14, 2023.

General Plan EIR Findings
The 2013 FEIR evaluated the potential impacts related to geology and soils in Chapter 4.5 and determined the following.
• Impact GEO-1: Implementation of the proposed project (General Plan), would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving Packet Page 229
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surface rupture along a known active fault; strong seismic ground shaking; seismic-related ground failure, including liquefaction; and landslides. The impact is considered less than significant, subject to, compliance with the City of Newark Municipal Code. Such compliance would ensure that construction, grading, and related activities meet California Building Code standards, implement erosion control methods, and provide, where required, a professionally prepared soils engineering report, engineering geology report, a liquefaction study, and a geotechnical report in identifying seismic hazards for any projects located in a seismic hazard zone. Additionally, implementation of General Plan Goal EH-2, Policies EH-1.1, EH-1.2, EH2.1 to EH-2.4, and Actions EH-1.A, EH-1.B, and EH-2.A to EH-2.F would further address impacts related to ground shaking and liquefaction. • Impact GEO-2: Implementation of the proposed project (General Plan) would not result in substantial soil erosion or the loss of topsoil. This impact is considered less than significant subject to implementation of the General Plan Goal CS-1, Policy CS-1.4, and Action CS-1.B and Mitigation Measure 4.5-1 from the Housing Element EIR and Mitigation Measure 4.5-1 from the Dumbarton TOD EIR that pertain to development of complexes containing four or more dwellings on a housing site, or for major remodel projects on such complexes, and development in the Dumbarton TOD area, respectively.
• Impact GEO-3: Implementation of the proposed project (General Plan) would not result in a significant impact related to development on unstable geologic units and soils or result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse. This impact is considered less than significant with the implementation of the City of Newark Code as described above and General Plan Goal EH1, Policies EH-1.1 and EH-1.2, and Actions EH-1.A, EH-2.A and EH-2.B. • Impact GEO-4: Implementation of the proposed (General Plan) would not create substantial risks to life or property as a result of its location on expansive soil, as defined in Table 18-1-b of the Uniform Building Code (1994). This impact is considered less than significant, subject to the implementation of General Plan Goal EH-1, Policies EH-1.1, EH-1.2, and EH-2.4, and Actions EH-1.A, EH-2.A and EH2.B, Mitigation Measure 4.5-1 from the Housing Element EIR, and Mitigation Measure 4.5-1 from the Dumbarton TOD EIR that pertain to development of complexes containing four or more dwellings on a housing site, or for major remodel projects on such complexes, and development in the Dumbarton TOD area, respectively. Additionally, implementation of the City of Newark Code, as described above, would further reduce this impact to a less than significant level. • Impact GEO-5: Implementation of the proposed project (General Plan) would not result in impacts associated with the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater. As sewers are available for disposal of wastewater there will be no impact.
• Impact GEO-6: Implementation of the proposed project (General Plan) in combination with existing, planned, proposed, and reasonably foreseeable development, would not contribute to cumulative geologic, seismic, and soil impacts, as the impacts are often site-specific and not additive in character.

Therefore, there would be no cumulatively considerable impacts related to Geology and Soils as a result of the proposed project (General Plan). Additionally, there would be further protection with compliance with the City of Newark Code, and implementation of Mitigation Measure 4.5-1 from the Housing Element EIR and Mitigation Measure 4.5-1 from the Dumbarton TOD EIR , as described above as well as the following General Plan goals, policies, and actions: Goals EH-1, EH-2, CS-1, Policies EH-1.1, EH-1.2, EH-2.1 to EH-2.4, and Actions EH-1.A, EH-1.B, EH-2.A, EH-2.B, EH-2.C, EH-2.D, EH-2.E, EH-2.F, and CS-1.B.
• Impact CULT-3: Implementation of the proposed project (General Plan) would not directly or indirectly destroy a unique paleontological resource or site, or unique geologic feature. This impact would be less than significant because the potential for fossil remains of significance are unlikely in the Plan Area due to the relatively recent age of Holocene Bay mud underlying the city. Additionally, since no previous fossil finds have been made in the vicinity, and there are no known paleontological resources Packet Page 230
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in Newark according to the University Of California Museum Of Paleontology Specimen Search database, paleontological potential of this area is considered low Project Consistency with the 2013 FEIR

4.7(a) (Seismic Hazards) No Substantial Change Relative to the 2013 FEIR:

A Geotechnical Study (Appendix C-1) was performed in accordance with Action EH-2.A of the General Plan and peer reviewed to assess its adequacy. As indicated in Appendix C-1, the Project site is not located within a currently designated Alquist-Priolo Earthquake Fault Zone and no known surface expression of active faults is believed to exist within the site. Due to the site’s location in the seismically active Bay Area region, as identified and considered in the 2013 FEIR, the site and the city as a whole would experience ground shaking.

The Project is subject to construction standards established for seismic safety within the most recent California Building Code, which would minimize potential impacts resulting from ground shaking.

According to the Project’s Geotechnical Study (Appendix C-1), the Project is located within a liquefaction hazard zone as mapped by the California Geological Survey, but not in an earthquake‐induced landslide hazard zone. The Project’s geotechnical exploration encountered up to 8 feet of potentially undocumented fill overlying alluvial clays, silts, sands, and gravels on the previously developed Project site with groundwater depths of 5.1 feet to 16.0 feet below ground surface (bgs) in borings and CPT probes with Historic groundwater depths mapped at about 10 feet bgs. The geotechnical exploration concluded the primary geotechnical hazards potentially impacting the proposed development include, the existing fill, high groundwater, slope stability along the northwestern property line, liquefaction and resulting surficial settlement and identified likely potential for liquefaction resulting in relatively moderate post seismic shaking settlement at the ground surface.

The Supplemental Geotechnical Peer Review (Appendix C-4) determined that the Project’s Geotechnical Study and the Project’s Geotechnical Consultant’s response (Appendix C-3) to Geotechnical Study Peer Review (Appendix C-2) provide various conceptual mitigation alternatives that are typically recommended to mitigate surficial manifestation of liquefaction, lateral spreading, and liquefaction induced slope instability, but determined that the Project’s Geotechnical Study should provide specific recommendations to mitigate the following: the potential for surficial manifestation of liquefaction (sand boils, ejecta, loss of bearing, etc.) where they might occur (eastern and southern sides of the site), the potential for lateral spreading, and the potential liquefaction induced slope instability. The City’s Public Works Department has imposed a condition of approval on the Project to require specific recommendations to mitigate the aforementioned hazards, prior to or concurrent with the final map submittal that is reproduced below as COA GEO-1. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

4.7(b) (Erosion) No Substantial Change Relative to the 2013 FEIR:

The Project site is previously disturbed from past uses and would be redeveloped with new grading, paving, and landscaping. The Project creates more than 10,000 square feet of impervious surfaces and therefore, would be subject to implementation of stormwater management facilities to treat site runoff per Alameda County C.3 requirements. Best management practices for soil erosion and sediment control would be required during construction. Implementation of these requirements would serve to minimize impacts of pollutants and sediment in runoff to stormwater systems. Ground disturbing activities on the Project site will be required 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 required to demonstrate compliance with NMC Chapter 15.50. Compliance with this chapter will ensure that the soil erosion or loss of topsoil impacts as a result of the project would be less than significant. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

4.7(c) (Geologic Stability) No Substantial Change Relative to the 2013 FEIR:

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As discussed in Sections 4.7(a) above, COA GEO-1 will ensure that the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

4.7(d) (Expansive Soils) No Substantial Change Relative to the 2013 FEIR:

The Project’s geotechnical exploration (Appendix C-1) observed expansive clay near the surface of the site that exhibits moderate to high shrink/swell potential with variations in moisture content. These changes in soil volume with changes in moisture content can cause heaving and cracking of slabs-on-grade, pavements, and structures founded on shallow foundations. Appendix C-1 provides conceptual mitigation alternatives that are typically recommended to mitigate potential impacts. Therefore, COA GEO-2 below specifies that the Project’s Geotechnical Consultant/applicant shall provide specific recommendations to mitigate the impacts of expansive soils on the Project site.

4.8(e) (Septic Tanks) No Change Relative to the 2013 FEIR: The Project would not include the use of septic tanks. Instead 8” sanitary sewer lines would collect waste from the residences and connect to the existing 27” sewer line that runs in a general north south direction in an easement within the driveway proposed as part of the Project. Therefore, the project would not result in any changes relative to the 2013 FEIR regarding use of septic tanks.

4.9.(f) (Paleontological Resources) No Substantial Change Relative to the 2013 FEIR: The 2013 FEIR determined that impacts on unique geologic or paleontological resources would be less than significant. Given that the Project site is previously developed and disturbed in combination with 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. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

Conclusion and Environmental Conditions of Approval
The proposed Project is within the scope of development projected under the General Plan and would not result in any new or more severe impacts to geology and soils relative to what was identified the 2013 FEIR with implementation of the following environmental conditions of approval.

COA GEO-1 Prior to or concurrently with the first submittal of the final map and improvement plans, the applicant shall provide specific recommendations to mitigate identified seismic hazards discussed in the City’s Geotechnical Consultant’s letter dated June 14, 2023. The applicant’s Geotechnical Consultant shall submit a letter-report addressing the items identified in the June 14, 2023, letter to the City for review by the City’s Geotechnical Consultant. The applicant shall pay for all costs associated with the geotechnical peer review per the City’s Master Fee Schedule.

COA GEO-2 Prior to or concurrently with the first submittal of the final map and improvement plans, the applicant shall provide specific recommendations to mitigate impacts of expansive soils on the site. The applicant’s Geotechnical Consultant shall submit a letter-report addressing expansive soils on the site, to the City for review by the City’s Geotechnical Consultant. The applicant shall pay for all costs associated with the geotechnical peer review per the City’s Master Fee Schedule.

4.8. GREENHOUSE GAS EMISSIONS
Would the project:

New
Significant
Impact Not
Identified in
2013 FEIR
More
Severe
Impact
Relative to
2013 FEIR
No
Substantial
Change
Relative to
2013 FEIR
No Change
Relative to
the 2013
FEIR
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a) Generate greenhouse gas emissions, either directly
or indirectly, that may have a significant impact on the environment?
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of
greenhouse gases?
Sources: City of Newark General Plan, 2013 and General Plan Tune Up Draft EIR and Final EIR, 2013; Air Quality and Greenhouse Gas Analysis, prepared by LSA, November 7, 2022.

General Plan EIR Findings
The 2013 FEIR evaluated the potential impacts related to greenhouse gas emissions in Chapter 4.6 and determined the following:
• Impact GHG-1: Implementation of the proposed project (General Plan) would result in greenhouse gas emissions (GHG) in excess of the long-term 2050 GHG reduction target interpolated from Executive Order S-03-05 (2025) with significant GHG emissions within the City of Newark. These emissions would exceed 4.0 MTCO2e per service population for the City for long term growth anticipated to the year 2035. These GHG emissions could not be avoided without major advancement in technological state of the art that existed in 2013 despite Uniformly Applicable Development Standards for new developments. Therefore, the impact with respect to generation of GHG emissions would be significant and unavoidable. A statement of overriding consideration was adopted with certification of the 2013 FEIR.
• Impact GHG-2: The proposed project (General Plan) would not conflict with an applicable plan, policy, or regulation for the purpose of reducing the emissions of GHGs, namely, California Air Resources Board (CARB) scoping plan, Metropolitan Transportation Commission’s (MTC’s) Plan Bay Area and the Newark Climate Action Plan. This impact is considered less than significant.

Project Consistency with the 2013 FEIR

4.8(a) (Greenhouse Gas Generation) No Change Relative to the 2013 FEIR: The 2013 FEIR determined that GHG generation for buildout of the General Plan would be significant and unavoidable without advancement in technology. As indicated in the Air Quality and Greenhouse Gas Analysis (Appendix A) prepared for the Project, based on April 2022 BAAQMD Justification Report: “CEQA Thresholds for Evaluating the Significance of Climate Impacts From Land Use Projects and Plans”, a project would have a less than significant impact related to GHG emissions if it would include the project design elements related to natural gas, energy, Vehicle Miles Traveled (VMT), and electric vehicles or if it would be consistent with a local GHG reduction strategy that meets the criteria under State CEQA Guidelines Section 15183.5(b). The City’s CAP does not meet these requirements. However, the Project includes design elements that would render its GHG emission impacts less than significant.

As described in the Project’s Air Quality and GHG Analysis (Appendix A), the Project would be all electric and would not depend on natural gas, electricity demand associated with the proposed project would be less than

0.1 percent of Alameda County’s total electricity demand, it would include solar and be constructed to Title 24 standards and would, therefore, not result in wasteful, inefficient, or unnecessary energy usage. The Project would have a less than significant VMT impact and would be required to include EV charging stations as specified in COA GHG-1.

4.8(b) (Conflict with Plans) No Change Relative to the 2013 FEIR: The 2013 FEIR determined that the General Plan would not conflict with California Air Resources Board (CARB) scoping plan, Metropolitan Transportation Commission’s (MTC’s) Plan Bay Area or the Newark Climate Action Plan. These plans include measures and strategies for greenhouse gas emissions reduction to meet state targets. As described in the Project’s Air Quality and GHG Analysis (Appendix A), the Project would comply with existing state regulations Packet Page 233
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including the CARB scoping plan adopted to achieve the overall GHG emissions reduction goals. The Project proposes development that is consistent with the development envisioned in the General Plan and is consistent with the General Plan policies, such as those related to green building and energy use, that promote a reduction in greenhouse gas emission through the application of energy efficiency standards and green building requirements under the California Building Code. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

Conclusion and Environmental Conditions of Approval
The proposed Project is within the scope of development projected under the General Plan and analyzed in the 2013 FEIR. Impacts from greenhouse gas emissions were determined to be significant and unavoidable in the 2013 FEIR and a statement of overriding considerations was adopted. The Project would include design elements that, in combination with the COA GHG-1 below, would reduce GHG emissions impacts to a less than significant impact.

COA GHG-1 The project shall include and show on the plans a minimum of 10 percent of the parking spaces as electric vehicle (EV) charging stations consistent with current or the most recent California Green Buildings Standards Code (CALGreen) Tier 2 standards.

4.9. HAZARDS AND HAZARDOUS MATERIALS
Would the project:

New
Significant
Impact Not
Identified in
2013 FEIR
More
Severe
Impact
Relative to
2013 FEIR
No
Substantial
Change
Relative to
2013 FEIR
No Change
Relative to
the 2013
FEIR
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 Section 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?
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g) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or death involving wildland fires?
Sources: City of Newark General Plan, 2013 and General Plan Tune Up Draft EIR and Final EIR, 2013; Phase I Environmental Site Assessment Report, prepared by ENGEO Inc., May 13, 2022; Phase II Environmental Site Assessment Report, prepared by ENGEO Inc., October 21, 2022, and State Responsibility Fire Hazard Severity Zone Maps, Office of the State Fire Marshall, accessed June 2023
General Plan EIR Findings
The 2013 FEIR evaluated potential Hazards and Human Materials impacts in Chapter 4.7 and determined the following:
• Impact HAZ-1: The implementation of the proposed project (General Plan) would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. This impact is considered less than significant, subject to compliance with applicable federal, state, and local regulations. Further, implementation of the following General Plan goals, policies and actions would further minimize the risks from routine transport, use, or disposal of hazardous materials: Goal EH-4, Policies EH-4.1, EH-4.4 to EH-4.7, Actions EH-4.A, EH-4.C, EH-4.E, EH-4.G, and EH-4.I.
• Impact HAZ-2: Implementation of the proposed project (General Plan) would not 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. This impact is considered less than significant, subject to compliance with applicable federal, State, and local regulations and conditions of approval, including Mitigation Measures HAZ-1.1 through HAZ-5.1 (Newark Areas 3 and 4 Specific Plan), 4.6-1 and 4.6-2a (2010 Housing Element), and 4.7-1a through 4.7-1e (Dumbarton TOD Specific Plan). Implementation of the following General Plan goals, policies and actions would further minimize the risks to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment: Goal EH-4, Policies EH4.1, EH-4.4, and Actions EH-4.A, EH-4.C, EH-4.E, EH-4H, EH-4.J and EH-4.K. • Impact HAZ-3: Implementation of the proposed project (General Plan) would not result in significant impacts associated with hazardous emissions or handling of hazardous or acutely hazardous materials, substances, or waste within ¼-mile of an existing or proposed school. This impact is considered less than significant, subject to implementation of applicable regulations and conditions of approval. Mitigation Measures HAZ-2.1 (Newark Areas 3 and 4 Specific Plan), 4.6-1 and 4.6-2a (2010 Housing Element), and 4.7-1a through 4.7-1e (Dumbarton TOD Specific Plan) would apply to land uses that could have the potential to result in an increased risk of release of hazardous materials.

Further, implementation of General Plan goals, policies, and actions listed under Impacts HAZ-1, HAZ2, and HAZ-4, would ensure that hazardous emissions or handling of hazardous materials, substances, or waste within ¼-mile of an existing school is minimized to the maximum extent practicable. This impact is considered less than significant. • Impact HAZ-4: Implementation of the proposed project (General Plan) would not create a significant hazard to the public or the environment as a result of development on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. This impact is considered less than significant, subject to compliance with applicable regulation and conditions of approval, including Mitigation Measures 4.6-1 and 4.6-2a (2010 Housing Element Update), HAZ-1.1 though HAZ-5.1 (Newark Areas 3 and 4 Specific Plan), and 4.7-1a though 4.7-1e (Dumbarton TOD Specific Plan), together with implementation of General Plan goals, policies, and actions under Impacts HAZ-1 and HAZ-2, and as follows: Goal HW-5, Policies HW-5.1 to HW-5.3, and Action HW-5.A. This impact is considered less than significant.

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• Impact HAZ-5: Implementation of the proposed project (General Plan) would not result in a safety hazard for people residing or working in the Plan Area due to development 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 because there are no public use airports public use airports within the Plan area with the nearest airport greater than two miles away from the City of Newark. Therefore, there would be no impact to the safety for people residing in or working in the area because of proximity to airports. • Impact HAZ-6: Implementation of the proposed project (General Plan) would not result in a safety hazard for people residing or working in the Plan Area due to development in the vicinity of a private airstrip because there are no private airstrips within or in the near vicinity of the Plan Area and there would be no impact as a result.
• Impact HAZ-7: Implementation of the proposed project (General Plan) would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan.

This impact is considered less than significant, subject to compliance with the Cal EMA (Strategic Plan 2010-2015), the City of Newark Emergency Operations Plan and the City of Newark Chemical Emergency Preparedness Plan along with the following goals, policies and actions of the General Plan: Goal EH-5, Policies EH-5.1 to EH-5.8, and Actions EH-5.A to EH-5.H. • Impact HAZ-8: Implementation of the proposed project (General Plan) would not expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands because the Plan Area is surrounded on all sides by land within the limits of the City of Fremont and is not designated as having high, very high, or extreme wildland fire threat to people, as determined by CAL FIRE's Wildlife Urban Interface Fire Threat data. Future development in the Plan Area would be constructed pursuant to the California Building Code, California Fire Code, and the City of Newark Municipal Code and the General Plan Goal EH-1, and Policies EH-1.1 and EH-1.2 would further ensure minimization of risks from wildland fires. This impact is considered less than significant. • Impact HAZ-9: Implementation of the proposed project (General Plan) in combination with past, present, and reasonably foreseeable projects, would not contribute to cumulative increase in risk to hazards or hazardous materials. This impact is considered less than significant, subject to compliance with the applicable federal, state and local regulations, conditions of approval and General Plan goals, policies and actions identified above under Impacts HAZ-1 to HAZ-8. T Project Consistency with the 2013 FEIR

4.9(a) (Routine Transport) No Substantial Change Relative to the 2013 FEIR: The 2013 FEIR concluded that compliance with applicable federal, state, and local regulations would reduce the risk to the public or the environment because of the routine transport, use, or disposal of hazardous materials to a less than significant level.

As described in Chapter 2 of this document, the Project is proposed on a site that contains hazardous materials and hazardous materials contamination that would require disposal and remediation before it can be developed for residential purposes. Also, potentially hazardous building materials (e.g. asbestos containing materials, lead-based paint, etc.) could be encountered during demolition of existing structures. Additionally, subsequent Project construction activities would result in the temporary presence of potentially hazardous materials including, but not limited to, fuels, lubricants, paints, solvents, insulation, electrical wiring, and other construction related materials onsite. However, transportation, use, handling, storage, and disposal of the hazardous materials present or that could potentially be present on the site would be required to comply with all applicable federal, state, and local safety regulations. Subsequent residential use of the Project site would not involve ongoing use or generation of hazardous materials on the site. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

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4.9(b) (Upset and Accident Involving Release) No Substantial Change Relative to the 2013 FEIR: The 2013 FEIR concluded that compliance with applicable federal, state, and local regulations, applicable General Plan goals and policies, and applicable mitigation measures from previous plans as described would reduce the hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment to a less than significant level.

As it relates to the Project, General Plan Action EH-4.J and Mitigation Measures 4.6-1 and 4.6-2a (2010 Housing Element) are applicable. In accordance with Action EH-4.J and Mitigation Measure 4.6-2a of the 2010 Housing Element, a Phase I Environmental Site Assessment (ESA) (Appendix D-1) was prepared for the Project site because of the proposed change in use from the existing industrial use to a more sensitive residential use. The Phase I ESA, prepared in general conformance with the scope and limitations of American Society for Testing and Materials (ASTM) E1527-21 and the standards and practices of the All-Appropriate Inquiry – Final Rule (40 Code of Federal Regulations Part 312), identifies Recognized Environmental Conditions (RECs) on the Project site that are described in Appendix D. Further site assessment activities have been ongoing under the regulatory oversight by the Alameda County Water District. During the course of these activities a Phase II ESA (Appendix D-2) was prepared for the Project site. The Phase II ESA identifies and delineates a tetrachloroethylene (PCE) vapor plume that extends north from the area of the former waste oil tank location. COA HAZ-1 and HAZ-2 below are imposed consistent with the above referenced mitigation measures.

4.9(c) (Emit or Handle Hazardous Material within ¼ Mile of School Sites) No Substantial Change Relative to the 2013 FEIR: The 2013 FEIR concluded that the implementation of the General Plan would result in a less than significant impact as it relates to the release and exposure of hazardous material onto schools sites with ¼ mile of the Project site subject to implementation of the Mitigation Measures identified under Impact HAZ-3 above and implementation of General Plan goals, policies, and actions listed under Impacts HAZ-1, HAZ-2, and HAZ-4.

Kings Kids Preschool on Cedar Boulevard is located within ¼ mile of the Project site. Applicable Mitigation Measures 4.6-1 and 4.6-2a (2010 Housing Element) are incorporated as COA HAZ-1 and COA HAZ-2 below.

Additionally, General Plan goals, policies and actions as they relate to routine transport, use, or disposal of hazardous materials, reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment, and development on the Project site, which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5, would ensure that the impacts to Kings Kid School are less than significant. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

4.9(d) (Existing Hazardous Materials Sites) No Substantial Change Relative to the 2013 FEIR: The 2013 FEIR concluded that implementation of the General Plan would result in less than significant impacts due to development on a hazardous materials sites compiled pursuant to Government Code Section 65962.5 subject mitigation measures and General Plan goals, policies and actions as specified above under Impacts HAZ-1, HAZ-2 and HAZ-4, and applicable regulations of the responsible state and local agencies. As applicable to the Project, Mitigation Measure 4.6-1 and 4.6-2a (2010 Housing Element Update), are included below as COAs HAZ-1 and HAZ-2. The Project site, although a hazardous materials site itself, would be required to be remediated per SFRWQCB and ACWD regulations and under their supervision prior to its development for residential use, per General Plan Policy HW-5.3. COA HAZ-2 would ensure that the City of Newark coordinates such activity with the responsible agencies. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

4.9(e) (Public Airport Land Use Plans, Public, Public Use Airport) No Change Relative to the 2013 FEIR:

The 2013 FEIR concluded that no impacts related to airports or airstrips would occur as no airports are located within or proximate to the Plan area. The subject Project site is not located within the boundaries of an airport land use plan, public or public use airport nor is it located in direct proximity to a private airstrip. 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. Accordingly, no impacts associated with airport-related hazards will result from the Project. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

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4.9(f) (Impair Emergency Response Plan) No Change Relative to the 2013 FEIR: The 2013 FEIR concluded that the General Plan would not impair implementation of or physically interfere with the City’s emergency response plan or emergency Evacuation plan and impacts would be less than significant subject to compliance with applicable regulations, conditions of approval and the applicable General Plan goal, policies and actions identified above under Impact HAZ-7.

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.

As a medium density residential development on a housing opportunity site consistent with the General Plan and applicable policies, the proposed Project improvements are not expected to impair the implementation of, or physically interfere with the aforementioned plans. The Project is not altering the existing road network and includes adequate onsite access to accommodate emergency vehicles, including adequate driveway/drive aisle width and turning radii that have been reviewed and approved by the Alameda County Fire Department Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

4.9(g) (Wildland Fire Hazards) No Change Relative to the 2013 FEIR: The 2013 FEIR concluded that the General Plan would not result in impacts related to wildland fire hazard because of the highly urbanized nature of the Plan area and vicinity. Further, the General Plan goal and policies as identified under Impact HAZ-8 that pertain to compliance with development and code requirements and location of projects would ensure that the impacts are less than significant.

The Project area is largely surrounded by urban development and roadways and is not adjacent to a wildland urban interface fire hazard area. The Project site is not in an area categorized as any of the Fire Hazard Severity Zones by CAL FIRE and is surround by land also not included in any Fire Hazard Severity Zones.

The Project development would also be subject to the California Building Code, California Fire Code, and the City of Newark Municipal Code and the Project site is proximate to an existing fire station at approximately one mile away from the fire station. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

Conclusion and Environmental Conditions of Approval
The Project would not result in any new or more severe impacts to human health caused by hazards or hazardous materials relative to what was identified the 2013 FEIR subject to implementation of applicable regulations, conditions of approval, and General Plan policies and actions. The Project is generally consistent with the Genera Plan by introducing medium density residential development on a site designated for such use. The following environmental conditions of approval are imposed in compliance with the General Plan goals, policies and actions regarding hazardous materials and waste:

COA HAZ-1: Prior to issuance of any demolition permit, the applicant/project developer shall have a qualified environmental professional complete testing on structures to be removed for the presence of actionable quantities of asbestos materials, lead based paint and other contaminants. These materials shall be remediated by a licensed contractor and disposed of in an appropriately licensed landfill. Necessary permits shall be obtained from the Alameda County Fire Department, Newark Building Inspection Division, the Bay Area Air Quality Management District and other agencies, as applicable. All work shall be performed in accordance with state and federal Occupational Safety and Health Administration (OSHA) standards. Worker safety plans shall be included for all demolition or deconstruction plans.

COA HAZ-2: The Project applicant shall implement the following actions:

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2. Prior to the issuance of the grading permit, the applicant shall prepare a Soil and Water Management Plans (SWMPs) for the Project site as the Phase I ESA identifies actionable levels of soil and/or water contamination on the site. The SWMPs shall be prepared by a state-certified environmental professional and shall include, at minimum, a description of soils to be graded or disturbed as part of the project, detailed soil and water sampling to identify the extent of the contaminants, a description of site remediation activities and procedures for removing the contaminants, and location(s) for disposal of contaminated material. The applicant shall obtain necessary permits for implementation of the site remediation and shall also provide evidence to the City of Newark, prior to the issuance of the grading permit, demonstrating that the RECs have been resolved to the satisfaction of the applicable regulatory agencies for future residential land use. Permits and closure letters shall be obtained from appropriate agencies if site remediation is found.

4.10. HYDROLOGY AND WATER QUALITY
Would the project:

New
Significant
Impact Not
Identified in
2013 FEIR
More
Severe
Impact
Relative to
2013 FEIR
No
Substantial
Change
Relative to
2013 FEIR
No Change
Relative to
the 2013
FEIR
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 off-site; ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding onor 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
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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?
Sources: City of Newark General Plan, 2013 and General Plan Tune Up Draft EIR and Final EIR, 2013; Preliminary Stormwater Control Plan, prepared by cbg civil engineers, June 2, 2023; FEMA FIRMette maps, accessed June 2023; Department of Conservation Tsunami Hazard Area Map, accessed June 2023, and National Oceanic and Atmospheric Administration (NOAA) Office of Coastal Management, Sea Level Rise Viewer, accessed June 2023.

General Plan EIR Findings
The 2013 FEIR evaluated the potential impacts related to hydrology and water quality in Chapter 4.8 and determined the following.
• Impact HYD-1: Implementation of the proposed project (General Plan), would not violate any water quality standards or waste discharge requirements subject to compliance with the C.3 provisions set by the SFRWQCB, preparation of a Stormwater Management Plan (SWMP), implementation of stormwater management measures, preparation of an Operations and Maintenance (O&M) Plan5 for post-construction water quality. and implementation of the General Plan goals and policies as follows:

Policies CS-3.1, CS-3.4, CS-3.5, CS-3.8, and Actions CS-1.B, CS-3.G and CS-3.H. This impact is considered less than significant.
• Impact HYD-2: Implementation of the proposed project (General Plan) would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level subject to required compliance with ACWD’s Well Ordinance (Ordinance No. 2010-01), coordination with the ACWD and SFRWQCB on a former Leaking Underground Fuel Tank (LUFT) site or Site Cleanup Program (SCP) site, C.3 provisions of the Alameda County Clean Water Program, the implementation of water use efficiency measures, and the following General Plan goals and policies: Policies CS-3.1, CS-3.3, CS6.5 and Actions CS-3.A and CS-3.C. • Impact HYD-3: Implementation of the proposed project (General Plan) would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion, siltation, or flooding on- or off-site subject to post construction storm water management measure pursuant to C.3 provisions of the Alameda County Clean Water Program and implementation of the following General Plan policies and actions: Policies CS-5.4 to CS-5.8, and Actions CS-5.D and CS-5.E. This impact is considered to be less than significant.
• Impact HYD-4: Implementation of the proposed project (General Plan) would not 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 with the implementation of C.3 provisions for new development, development impact fees that would require developers to pay a fair share of improvements to the storm drain system necessary to accommodate increased flows from the development, and the implementation of General Plan goals and policies as follows: Policies CS-5.5 to CS-5.8, and Actions EH-3.D, EH-3.E and CS-5.E. This impact is considered to be less than significant.
5 Also referred to as a Stormwater Treatment Measures Maintenance Agreement.

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• Impact HYD-5: Implementation of the proposed project (General Plan) would not otherwise substantially degrade water quality with implementation of the applicable regulations, namely, C.3 provisions of the Alameda County Clean Water Program and the City of Newark Municipal Code (NMC), Chapter 8.36 Stormwater Management and Discharge Control. This impact is considered to be less than significant.
• Impact HYD-6: Implementation of the proposed project (General Plan) would not result in a significant impact with respect to the placement of housing or structures, which would impede or redirect flood flows within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map subject to applicable regulations, namely the FEMA Regulations in floodplains – LOMR-Fill Determination Requirements and NMC Chapter

15.40 Construction in Flood Hazard Areas as well as implementation of General Plan policies and actions as follows: Policies EH-3.3 to EH-3.5, EH-3.7 and EH-3.8, and Actions EH-3.A, EH-3.B, EH3.C and EH-3.E. This impact is considered less than significant. • Impact HYD-7: Implementation of the proposed project (General Plan) would not expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam subject to compliance with applicable regulations, namely, the FEMA – Levee Certification, California Division of Safety of Dams Regulations – California Water Code – Supervision of Dams and Reservoirs, and Association of Bay Area Government’s (ABAG) MultiJurisdictional Local Hazard Mitigation Plan together with the implementation of General Plan Goals EH-3, EH-5, Policy EH-3.6, and Actions EH-5.G and EH-5.H. This impact is considered to be less than significant.
• Impact HYD-8: Implementation of the proposed project (General Plan) would not result in significant adverse effects related to inundation by seiche, tsunami, or mudflow the City of Newark is not considered to be subject to significant risk from tsunamis, seiches, or mudflows. Implementation of the following General Plan policies and actions would further reduce the risks: Goal EH-5, Policies EH3.9, CS-5.8, EH-5.2 to EH-5.5 and Actions EH-5.A, EH-5.B, EH-5.C, EH-5.D, EH-5.E, EH-5.F, EH5.G. This impact is considered to be less than significant. • Impact HYD-9: Implementation of the proposed project (General Plan), in combination with past, present, and reasonably foreseeable development, would not result in a significant cumulative impact with respect to hydrology and water quality subject to compliance with applicable regulations, namely, the NPDES General Construction Permit, Alameda County Clean Water Program, NMC Chapter 8.36 Stormwater Management and Discharge Control and Chapter 15.40 Construction in Flood Hazard Zones together with General Plan Policies CSF-5.4, CSF-5.7 and Action CSF-5.E. The cumulative impact with respect to hydrology and water quality is considered to be less than significant.

Stormwater Regulations
The State Water Resources Control Board is responsible for implementing the Clean Water Act and has issued a statewide General Permit for construction, which acts to minimize pollutant runoff to surface waters and groundwater. The SFBRWQC board is the regional entity facilitating regional implementation and has issued a NPDES permit to Contra Costa County and its 19 cities. The NPDES permit applies to development projects and establishes runoff requirements. The City’s coverage under the NPDES requires compliance with the Alameda Costa Clean Water Program Stormwater C.3 Guidebook to protect water quality, which includes implementing best management practices (BMP) to control runoff pollutants and guidance on Low Impact Development (LID) to manage stormwater on site. Further, these requirements for stormwater control under the NPDES permit are integrated into the City of Newark Municipal Code. The City of Newark Public Works Department has jurisdiction over stormwater management in the City and is a co-permittee of the Alameda County Clean Water Program.

Project Consistency with the 2013 FEIR
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4.9(a) (Discharge) No Substantial Change Relative to the 2013 FEIR: The 2013 FEIR determined that the implementation of the General Plan would have a less than significant impact subject to the measures identified under Impact HYD-1 above. Accordingly, the Project is required to comply with the applicable requirements for stormwater control and apply best management practices to the management of stormwater on the Project site, including the stormwater regulations described above. The applicant submitted a “Preliminary Stormwater Control Plan”, prepared by Carlson, Barbee & Gibson, Inc. (CBG), June 2, 2023, that has been reviewed and approved in concept by the City’s Public Works Department. For final approval, the Public Works Department has required that, prior to grading permit issuance, the applicant shall provide the necessary plans, details, and calculations that demonstrate that the plan complies with the applicable Municipal Regional Stormwater NPDES Permit (MRP), as stated in COA HYD-1 below. Additionally, COA HYD-2 requires preparation of an Operations and Maintenance (O&M) Plan/Stormwater Treatment Measures Maintenance Agreement for postconstruction water quality. With these measures the Project will be in conformance with the General Plan policies and actions applicable to the Project. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

4.9(b) (Groundwater) No Change Relative to the 2013 FEIR: Based on the analysis in the 2013 FEIR, the Project would not substantially deplete groundwater supplies with implementation of applicable regulations such as the Alameda County Water District’s Well Ordinance and C.3 provisions of the Alameda County Clean Water Program The Project would be required to comply with these requirements. The Project does not involve the extraction and use of groundwater for its operation on the site. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

4.9(c)(i-iv) (Drainage Pattern) No Substantial Change Relative to the 2013 FEIR: The 2013 FEIR determined that the implementation of the General Plan would not substantially alter the drainage patterns and erosion and siltation impacts would be less than significant, subject to implementation of applicable C.3 provisions of the Alameda County Clean Water Program and General Plan policies as identified above under Impact HYD-3. The 2013 FEIR also determined that developments constructed under the purview of the General Plan would be subject to development impact fees that would require developers to pay a fair share of improvements to the storm drain system necessary to accommodate increased flows from the development.

Additionally, the City of Newark has adopted standards of construction in flood hazard zones and projects in flood zones are reviewed by the Newark Public Works Department - Engineering Division in coordination with Alameda County Flood Control District (ACFCD) with detailed review of improvements plans to ensure that flood flows are addressed.

The Project would be subject to and required to comply with all applicable regulations including C.3 provisions of the Alameda County Clean Water Program and the City’s Municipal Code that would reduce Project-specific impacts to a less than significant level. With respect to the capacity of the City’s stormwater system, Newark is served by an existing storm drain system. As per the City Engineering Division, the Project would not result in inadequate capacity for stormwater discharges from the Project. Further, the City has established development impact fees for new developments such as multifamily residential projects to contribute to any needed new or expanded infrastructure. Payment of development impact fees is payable during the building permit process and final drainage plans are reviewed during the improvements plans review process.

Development impacts fees are used to maintain and expand the City storm drain system as warranted. The Project is consistent with the development potential analyzed in the 2013 FEIR, including storm drain infrastructure onsite with connections to the existing drain system, and is subject to impact fees.

The Project site is partially in the AE flood zone (1 percent annual chance flood hazard) on the northwestern side of the Project site as presented in the National Flood Hazard Layer FIRMette maps accessed from the Federal Emergency Management Agency (FEMA) in June 2023. This area is adjacent to the ACFCD flood control channel. The City of Newark has adopted standards for construction in flood hazard zones whereby projects within the 100- year flood zone (1 percent annual chance flood hazard) would require the placement of fill to elevate structures above the 100-year floodplain elevation. In order for a project to be considered outside of the floodplain and no longer subject to special flood hazard requirements, the project applicant would have to submit an application to FEMA for a Letter of Map Revision – Fill (LOMR-F) after the fill has been placed. Upon revision of the Flood Insurance Rate Map (FIRM) to show that the project is now outside of the Packet Page 242
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SFHA, the City would no longer be required to apply the minimum NFIP floodplain management standards to structures built on the land and the mandatory flood insurance requirements would no longer apply. NMC Chapter 15.40 governs construction in Special Flood Hazard Areas (SFHA) and includes standards for development to minimize flood hazard risks. The Department of Public Works has placed conditions of approval on the Project to address the flood hazard on the Project site that are reproduced below as COA HYD-3 through COA HYD-5. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

4.9(d) (Flood Hazard, Tsunami, or Seiche Zones) No Substantial Change Relative to the 2013 FEIR: The Project site is partially located in the flood zone AE (1 percent annual chance flood hazard) as described above.

However, the risk of the release of pollutants due to project inundation would be less than significant with implementation of COA HYD-2. The Project site is not located on the shoreline and is not subject to associated risk of flooding in these areas. The Project site is not located in an area identified as a shoreline area vulnerable to sea level rise as per the National Oceanic and Atmospheric Administration (NOAA) Office of Coastal Management data on sea level rise (Sea Level Rise Viewer), accessed June 2023. Tsunamis and seiches are not identified as significant flood hazards that may affect the Project as the Project site is located more than 5 miles from the shoreline. The site is not located in a tsunami hazard area, as shown in the California Department of Conservation Tsunami Hazard Area Map, accessed June 2023. As a result, there would be no substantial risk of flood hazards, tsunamis, or seiches causing release of pollutants due to Project inundation.

Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

4.9(e) (Water Quality Control and Sustainable Groundwater) No Substantial Change Relative to the 2013 FEIR: The 2013 FEIR determined that new development would be required to adhere to applicable regulations, namely the Alameda County Clean Water Program – C.3 Provisions and NMC, Chapter 8.36 Stormwater Management and Discharge.

The Project would be required to include source control, site design, and LID measures in compliance with the C.3 measures and comply with applicable requirements of the NMC. It would thus not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

Conclusion and Environmental Conditions of Approval
The proposed Project is within the scope of development projected under the General Plan and there would be no additional impacts to hydrology beyond those analyzed in the 2013 FEIR. The following environmental conditions of approval would apply to the Project.

COA HYD-1: Preliminary Stormwater Treatment Plan is approved in concept only. Final approval is subject to the applicant providing, prior to the issuance of the grading permit, the necessary plans, details, and calculations that demonstrate the plan complies with the Municipal Regional Stormwater NPDES Permit (MRP), Order R2-2022-0018, revised July 1, 2022, issued to the City of Newark by the Regional Water Quality Control Board, San Francisco Bay Region.

COA HYD-2: Prior to issuance of a building permit, the applicant shall prepare a Stormwater Treatment Measures Maintenance Agreement for post-construction water quality. The Agreement shall be reviewed and accepted by the City Engineer prior to Project Construction on the site.

COA HYD-3: The Project’s development, including streets and surface improvements, shall be placed above the 100-year flood elevation as confirmed by the City Engineer.

COA HYD-4: Prior to final map approval, the applicant shall apply and receive approval for a conditional letter of map revision based on fill (CLOMR- F) from the Federal Emergency Management Agency (FEMA). The CLOMR-F shall be based upon the project grading plan and shall conclude that the structures for human occupancy will be removed from the special flood Packet Page 243
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hazard area (SFHA). Prior to occupancy of any buildings within the SFHA, the developer shall apply and receive approval of a letter of map revision based on fill (LOMR-F) from FEMA. On July 1, 2023, FEMA temporarily suspended the processing of CLOMR-Fs and LOMR-Fs. If, prior to final map approval, the temporary suspension of CLOMR-Fs and LOMR-Fs is still in effect, the CLOMR-F application to FEMA shall be deferred and applied for as soon as the temporary suspension is lifted. If, prior to occupancy, the temporary suspension of CLOMRFs and LOMR-Fs is still in effect, the applicant shall provide complete Elevation Certificates demonstrating that the property for occupancy is outside the Special Flood Hazard Area. Prior to tract acceptance, if the temporary suspension of CLOMR-Fs and LOMR-Fs is still in effect, the applicant shall submit the LOMR-F application package to the City or enter into a deferred agreement with the City for preparing and processing the LOMR-F application package once FEMA lifts the suspension. In either options, the cost of the preparation and fees associated with the FEMA LOMR-F application shall be paid for by the applicant.

COA HYD-5: 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 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.

4.11. LAND USE AND PLANNING
Would the project:

New
Significant
Impact Not
Identified in
2013 FEIR
More
Severe
Impact
Relative to
2013 FEIR
No
Substantial
Change
Relative to
2013 FEIR
No Change
Relative to
the 2013
FEIR
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?
Sources: City of Newark General Plan, 2013 and General Plan Tune Up Draft EIR and Final EIR, 2013 General Plan EIR Findings
The 2013 FEIR evaluated potential impacts to Land Use in Chapter 4.9 and determined the following:
• Impact LU-1: Implementation of the proposed project (General Plan) would not physically divide an established community subject to compliance with the applicable provisions of the NMC, namely, Title 16, Subdivision Ordinance and Title 17, Zoning Code, together with implementation of General Plan policies and actions intended to foster greater connectivity in the Plan Area and to prevent new development from dividing existing communities, as follows: Policies LU-2.6, LU-4.2, LU-2.5, T-1.4, T2.3, T-2.5, T-2.12, T-2.10, T-2.2, T-2.9, and Actions T-2.B, T-2.G and T-2.H. This impact is considered less than significant.

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• Impact LU-2: Implementation of the proposed project (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. This impact is considered less than significant, subject to implementation of General Plan Actions LU-6.A, LU-7.B and LU-7.E that are applicable to the Dumbarton TOD Specific Plan Implementation and Southwest Newark Residential and Recreational Focus Area. the Project site as it is not part of either the Dumbarton TOD Specific Plan Area or the Southwest Newark Residential and Recreational Focus Area, therefore the above stated does not apply to the Project and there would be no related impact as a result of the Project. • Impact LU-3: Implementation of the proposed project (General Plan) would not result in significant conflicts with the Bay Plan and the Don Edwards San Francisco Bay National Wildlife Refuge Comprehensive Conservation Plan (CCP). Numerous General Plan policies and actions are consistent with the objectives of the Bay Plan, including Policies CS-1.1 to CS-3.1, CS-2.1 and CS-3.1, and Actions CS-2.A, CS-3.G, and CS-3.H. Implementation of General Plan policies and actions as follows would minimize disturbances and support the goals of the CCP: Policies CS-1.1 to 1.3, CS-1.5, CS2.1 to CS-2.3, CS-2.7, CS-3.4, CS-3.5, and Actions LU-7.A, CS-1.A, CS-1.C, CS-2.A, CS-2.D, CS2.E, CS-3.H, POS-1.A and POS-1.B. • Impact LU-4: When considered in combination with past, present, and reasonably foreseeable development in the surrounding area, implementation of the proposed project would not result in significant cumulative impacts with respect to land use and planning. The proposed project would have a less than cumulatively considerable contribution to this impact.

Project Consistency with the 2013 FEIR

4.1(a) (Physically Divide Community) No Change Relative to the 2013 FEIR: The Project is consistent with the General Plan land use designation of Medium Density Residential and RM zoning applicable to the site, which is contained between I-880 and Cedar Boulevard. Development on this site would not disrupt the established physical layout of the existing community with new roads, above ground infrastructure or easements running through offsite through the existing development in the vicinity. The Project would conform to the provisions of the NMC including development standards such as setbacks and height. The Project would be consistent with applicable General Plan Policy LU-2.6 regarding scale transition in that there would not be an abrupt transition in height between the development proposed by the Project and existing and approved development in the vicinity. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

4.1(b) (Conflict with Land Use) No Substantial Change Relative to the 2013 FEIR: The Project site is not within the Dumbarton TOD or Southwest Newark Residential and Recreational Focus Area and the use and density of development proposed by the Project is consistent with the Medium Density Residential land use designation for the site. The Project would comply with the applicable provisions of the City’s Zoning Code.

Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

Conclusion
The Project would not result in any new or more severe impacts to energy relative to what was identified in the 2013 FEIR. The Project consists of development consistent with the land use and zoning code as provided.

No environmental conditions of approval related to land use are required.

4.12. MINERAL RESOURCES
Would the project:

New
Significant
Impact Not
More
Severe
Impact
No
Substantial
Change
No Change
Relative to
the 2013
FEIR
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Identified in
2013 FEIR
Relative to
2013 FEIR
Relative to
2013 FEIR
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the
residents of the state?
b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
Sources: City of Newark General Plan, 2013 and General Plan Tune Up Draft EIR and Final EIR, 2013 General Plan EIR Findings
The 2013 FEIR describes that there are no mineral recovery sites in Newark and while the State Board of Mining and Geology has identified mineral resource zones (MRZ) underlying almost all of the Plan Area, given the extent of urban development in Newark and the proximity of sensitive environmental resources in the Don Edwards San Francisco Bay National Wildlife Refuge, future mineral extraction is unlikely, and an area that was previously designated as containing extractable aggregate deposits is no longer considered to be underlain by aggregate resources per Update of Mineral Land Classification: Aggregate Materials in the South San Francisco Bay Production-Consumption Region (1996). As such, impacts related to the loss of mineral resource availability from the implementation of the project (General Plan) would be less than significant.

Project Consistency with the 2013 FEIR

4.12(a-b) (Mineral Resources) No Change Relative to the 2013 FEIR: The City does not contain known significant mineral resources of value. As such, the Project would result in no impact to mineral resources.

Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

Conclusion
The Project would not result in any new or more severe impacts to mineral resources relative to what was identified in the 2013 FEIR.

4.13. NOISE
Would the project:

New
Significant
Impact Not
Identified in
2013 FEIR
More
Severe
Impact
Relative to
2013 FEIR
No
Substantial
Change
Relative to
2013 FEIR
No Change
Relative to
the 2013
FEIR
a) Generation of a substantial temporary or permanent
increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable
standards of other agencies?
b) Generation of excessive groundborne vibration or
groundborne noise levels?
c) For a project located within the vicinity of a private airstrip or 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 expose Packet Page 246
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people residing or working in the project area to
excessive noise levels?
Sources: City of Newark General Plan, 2013 and General Plan Tune Up Draft EIR and Final EIR, 2013, Environmental Noise Assessment, prepared by Salter, November 11, 2022, and Environmental Review of Construction Noise and Vibration, prepared by Salter, May 2, 2023.

General Plan EIR Findings
The 2013 FEIR evaluated potential impacts to Noise in Chapter 4.10 and determined the following:
• Impact NOI-1: Implementation of the proposed project (General Plan) would not expose people to or generate noise levels in excess of standards established in the General Plan or the NMC and/or the applicable standards of other agencies. This impact is considered less than significant, subject to compliance with the California Building Code and Newark Land Use Noise Compatibility Guidelines and the implementation of General Plan Policy EH-7.4, Action EH-7.A as it pertains to interior noise, and Actions EH-6.A and EH-7.A as it pertains to exterior noise. • Impact NOI-2: Implementation of the proposed project (General Plan) would not expose people to or generate excessive groundborne vibration or groundborne noise levels. This impact is considered less than significant, subject to compliance with the California Building Code and Newark Land Use Noise Compatibility Guidelines and the implementation of General Plan policies and actions for nonresidential uses as follows: Policies LU-2.5, LU-3.5, EH-6.4, EH-7.3, EH-7.6, and Actions EH-6.6, EH6.7, EH-7.B, EH-7.C, EH-7.D, EH7.E, EH7.F, EH-6.B, and LU-2.A.. • Impact NOI-3: Implementation of the proposed project (General Plan) would result in a substantial permanent increase in ambient noise levels in the Plan Area above levels existing without the project with increases in vehicular traffic because of the project implementation in conjunction with regional growth. The permanent increases to ambient noise levels would exceed applicable standards along ten major roadway segments in the Plan Area. Implementation of the applicable goals, policies and actions of the General Plan would reduce or prevent significant increases in ambient noise at sensitive land uses under implementation of the project. However, the mitigation measures described in these policies would not be universally feasible and/or appropriate. No additional measures are available to reduce this impact to a less than significant level and related impacts would be significant and unavoidable. A statement of overriding consideration was adopted with the certification of the 2013 FEIR.
• Impact NOI 4: Implementation of the proposed project (General Plan) would not result in substantial temporary or periodic increases in ambient noise levels in the Plan Area above existing levels subject to compliance with the California Building Code and Newark Land Use Noise Compatibility Guidelines, and the implementation of General Plan Policies EH-6.6, EH-6.7, and Action EH-7.B. This impact is considered less than significant.
• Impact NOI-5: Implementation of the proposed project (General Plan) would not result in exposure of people residing or working in the vicinity of the Plan area to excessive aircraft noise levels, for a project located within an airport land use plan, or where such a plan has not been adopted, within 2 miles of a public airport or public use airport because there are no areas in Newark which fall within an airport land use plan or 55 (decibels) dBA contour for any of the airports located in proximity to the city and all public and public use airports in the vicinity are located a distance of 5 miles or greater. This impact is considered to be less than significant.
• Impact NOI-6: Implementation of the proposed project (General Plan) would not result in exposure of people residing or working in the project area to excessive noise levels, for a project within the vicinity of a private airstrip because there are no private airstrips within Newark and heliports operated by First Interstate Bank and Washington Hospital in Fremont are located at a distance of 1.7 and 2.2 miles, Packet Page 247
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respectively, from the City of Newark border and used sporadically. Therefore, noise impact related to private airstrips would be less than significant.

Project Consistency with the 2013 FEIR

4.13(a) (Increase in Ambient Noise) No Substantial Change Relative to the 2013 FEIR: The 2013 FEIR determined that implementation of the General Plan would have a less than significant impact related to temporary or permanent increases in ambient noise levels subject to compliance with the California Building Code and Newark Land Use Noise Compatibility Guidelines with implementation of General Plan policies and actions as identified above under Impact NOI-1.

The Project would entail the demolition of the existing buildings, grading/site preparation work and the construction of 76 alley-loaded three-story residences (townhomes) and associated improvements on a site located adjacent to I-880. As indicated in the “Environmental Review of Construction Noise and Vibration”, prepared by Salter, May 2, 2023 (Appendix E-1), construction noise would vary depending on the type of equipment being used, the process, and the location. COA In accordance with Action EH-6.6 and Action EH6.7 in the General Plan, COA NOI-1 will be implemented to regulate hours of construction and to address construction noise sources. Implementation of these conditions of approval would render impacts from increases in temporary ambient noise less than significant.

Project generated noise at operations will consist of noise from traffic generated by the Project and mechanical equipment generally associated with the ventilation for the proposed buildings. The Project is anticipated to generate 562 net daily trips in an environment dominated by existing traffic noise from I-880 and the Project traffic noise would not add substantially to the existing ambient noise levels. COA NOI-2 below sets limits on noise from mechanical equipment in accordance with NMC Section 17.24.100(A)(2).

Although the effect of ambient noise on the Project is not considered an environmental impact under CEQA, General Plan Action EH-7.A requires the preparation of an acoustical study for new developments in areas where the noise levels exceed the ‘normally acceptable’ levels for the proposed land use, as set forth in the General Plan. Action EH-7.A also recommends that the analysis include mitigation measures to limit the noise exposure in interior living spaces to 45 dB Ldn (Day Night Average Sound Level), consistent with California Title 24. In accordance with Action EH-7.A, an acoustical study “Environmental Noise Assessment”, November 11, 2022, was prepared by Salter (Appendix E-2). As indicated in this study, the Project is located in an area where the noise levels exceed the normally acceptable levels of 65 dB or less set forth for multi-family residential use. COA NOI-3 and COA NOI-4 shall be imposed on the Project based on this study to reduce the effects of ambient environmental noise on the project as required by the General Plan, more specifically, Action EH-7.A. and Policy EH-7.4. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

4.13(b) (Groundborne Vibration) No Substantial Change Relative to the 2013 FEIR: The 2013 FEIR determined that impacts from groundborne vibrations would be less than significant subject to compliance with the California Building Code and Newark Land Use Noise Compatibility Guidelines with implementation of General Plan policies and actions as identified above under Impact NOI-2.

As a residential development, the Project would not result in long-term and excessive groundborne vibration and groundborne noise after construction. During construction, the Project may generate temporary and intermittent groundborne vibrations and noise through the operation of construction equipment, material hauling, and earthwork. The study “Environmental Review of Construction Noise and Vibration”, prepared by Salter, May 2, 2023 (Appendix E-1) addressed construction groundborne vibrations. This study compared the groundborne vibration levels from vibration intensive equipment such as jackhammers and vibratory rollers that could potentially have a noticeable effect to the Federal Transit Administrations (FTA) vibration annoyance criteria in accordance with General Plan Action EH-7.E. Action EH-7.E requires implementation of additional measures such as the use of less-vibration intensive equipment or construction techniques if constructionrelated vibration is determined to be perceptible (i.e., in excess of FTA vibration annoyance criterion) at vibration-sensitive uses. Accordingly, COA NOI-5 sets forth distances required for operation of different types of equipment from the motel building toward the south of the Project site to offset vibration levels in excess of Packet Page 248
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the annoyance criteria. Groundborne vibrations as a result of the Project’s construction would not exceed the 78 VdB annoyance criteria at nearby residences that are located approximately 100 feet from the Project site.

Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

4.13(c) (Airfield Noise) No Change Relative to the 2013 FEIR: The 2013 FEIR determined that noise impacts due to the proximity of the Project site to an airfield would be less than significant. The City is not located within the vicinity of a private airstrip or an airport land use plan, nor is it within two miles of a public airport or public use airport. As indicated in Chapter 4.9 of this document, 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.

Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

Conclusion and Environmental Conditions of Approval
The Project would not result in any new or more severe impacts to noise relative to what was identified in the 2013 FEIR with the implementation of the following conditions of approval:

COA NOI-1: The following noise reduction measures will be implemented to minimize the impact of construction noise onto offsite receivers:

1. Construction activity shall be limited to the hours of 7 AM to 7 PM Monday through Friday and 10 AM to 6 PM on Sundays and holidays. Noise from construction activity occurring outside these hours will be limited to the levels outlined in the Newark Municipal Code Section 17.24.100.A.3.

2. The contractor shall require properly maintained mufflers on construction vehicles.

3. To the extent feasible, stationary construction equipment and staging areas shall be located as far as possible from adjacent residences and the motel.

4. The contractor shall implement temporary noise barriers between noisy activities and adjacent residences and the motel.

6. The contractor will designate a “noise disturbance coordinator” who would be responsible for responding to any local complaints about construction noise.

COA NOI-2: Mechanical equipment noise as a result of the Project shall be limited to no more than 70 dBA between the hours of 7 a.m. and 9 p.m., and 60 dBA between the hours of 9 p.m. and 7 a.m in accordance with NMC Section 17.24.100.A.2).

COA NOI-3: Exterior building assemblies shall be sound-rated to reduce environmental noise to the DNL 45 dB criterion indoors. Sound insulation ratings should be for the complete assembly, including glass and frame, and should be based on laboratory test reports of similar sized samples from a National Voluntary Laboratory Accreditation Program (NVLAP) accredited lab.

Since windows will need to be closed to meet the interior noise criteria, the mechanical design Packet Page 249
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should meet ventilation requirements with windows in the closed position. The building assemblies shall be reviewed and accepted to meet the aforementioned criteria during the building permit process.

COA NOI-4: The height of the 18-foot tall retaining wall to the rear of the Project site adjacent to I-880 that would serve as a noise barrier shall be measured with respect to the freeway elevation, or yard elevation, whichever is higher. The barrier shall extend the length of the site and wrap the ends, returning towards Cedar Boulevard and shall be solid from bottom to top with no cracks or gaps and have a minimum surface density of approximately three pounds per square foot to reduce traffic noise levels in Project related outdoor spaces to DNL 65 dB or below.

The barrier shall step down along the side property lines from a height of 18 feet to 8 feet, as shown in Figure 2 of the Environmental Noise Assessment, prepared by Salter, November 11, 2022.

COA NOI-5: Limit the use of the following construction equipment to the following distances from the motel building located toward the south of the Project site.

1. Large bulldozers and loaded trucks to a minimum of 50 feet.

2. Jackhammering to a minimum of 30 feet.

3. vibratory rollers to a minimum of 85 feet.

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4.14.POPULATION AND HOUSING
Would the project:

New
Significant
Impact Not
Identified in
2013 FEIR
More
Severe
Impact
Relative to
2013 FEIR
No
Substantial
Change
Relative to
2013 FEIR
No Change
Relative to
the 2013
FEIR
a) Induce substantial unplanned population growth in
an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example,
through extension of roads or other infrastructure)?
b) Displace substantial numbers of existing people or
housing, necessitating the construction of
replacement housing elsewhere?
Sources: City of Newark General Plan, 2013 and General Plan Tune Up Draft EIR and Final EIR, 2013, and City of Newark, 5th Cycle 2015-2023 Housing Element Update for the 2015-2023 Period.

General Plan EIR Findings
The 2013 FEIR evaluated potential impacts to Population and Housing in Chapter 4.11 and determined the following:
• Impact POP-1: Implementation of the proposed project (General Plan) would not induce substantial unplanned population growth in the Plan Area either directly or indirectly, subject to the implementation of Mitigation Measure 4.9-1 from the Newark Housing Element EIR and General Plan Policies LU-1.2 and LU-1.4. This impact is considered less than significant. • Impact POP-2: Implementation of the proposed project (General Plan) would not displace substantial numbers of existing housing units, necessitating the construction of replacement housing elsewhere, subject to implementation of the General Plan Policies LU-1.2, LU-1.8 and LU-1.10. This impact is considered less than significant.
• Impact POP-3: Implementation of the proposed project (General Plan) would not displace substantial numbers of people, necessitating the construction of replacement housing elsewhere, subject to implementation of General Plan Policy LU-1.8 and the development of new housing units as per the General Plan. This impact is considered to be less than significant. • Impact POP-4: Implementation of the proposed project (General Plan), in combination with past, present, and reasonably foreseeable projects, would not result in significant cumulative impacts with respect to population and housing as buildout of the project would be consistent with regional planning initiatives, and occur incrementally over a period of 20 years and would not represent substantial, unplanned growth even though and the project could result in more growth than currently envisioned in regional projections. This is less than cumulatively considerable.

Project Consistency with the 2013 FEIR

4.14(a) (Induced Substantial Growth). No Change Relative to the 2013 FEIR: The Project is consistent with the planned development potential analyzed in the 2013 FEIR and the Project site is largely served by existing infrastructure within an established urban environment. 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. The Project proposes 76 residential units, which will result in 252 additional persons at a household size of 3.32 persons6 in Newark that is well within the population of 60,510 persons anticipated in the General Plan at buildout, analyzed in the 2013 FEIR. Since the adoption of the General Plan, the city has not experienced 6 https://www.census.gov/quickfacts/newarkcitycalifornia, last accessed June 2023 Packet Page 251
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substantial population growth, but has decreased by 0.4 percent from April 1, 2020, to July 1, 2022, as per the United States Census data. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

4.14(b) (Displacement). No Change Relative to the 2013 FEIR: The 2013 FEIR determined that impacts from displacement would be less than significant with the implementation of policies identified under Impact POP-2, and Impact POP-3. Consistent with these policies, the General Plan has designated areas for the development of housing in the city, with the intent to increase the amount and variety of housing opportunities.

The Project involves the development of new housing units without demolishing existing housing units or causing displacement. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

Conclusion
The Project would not result in any new or more severe impacts to population and housing relative to what was identified in the 2013 FEIR. The Project consists of development consistent with the projected growth under the General Plan and no environmental conditions of approval related to population and housing are required.

4.15.PUBLIC SERVICES
Would the project:

New
Significant
Impact Not
Identified in
2013 FEIR
More Severe
Impact
Relative to
2013 FEIR
No
Substantial
Change
Relative to
2013 FEIR
No Change
Relative to
the 2013
FEIR
a) Would the project result in substantial adverse
physical impacts associated with the provision of new
or physically altered governmental facilities, need for new or physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain
acceptable service ratios, response times or other
performance objectives for any of the public services:

Fire Protection?
Police Protection?
Schools?
Parks?
Other public facilities?
Sources: City of Newark General Plan, 2013 and General Plan Tune Up Draft EIR and Final EIR, 2013 General Plan EIR Findings
The 2013 FEIR evaluated potential impacts to Public Services in Chapter 4.12 and determined the following:

Fire Protection
• Impact PS-1: Implementation of the proposed project (General Plan) would not result in the provision of or need for new or physically altered fire protection facilities, the construction or operation of which Packet Page 252
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could cause significant environmental impacts because, per the Alameda County Fire Department (ACFD), the increase in population at project buildout would not require the construction or expansion of facilities. Further compliance with the provisions of the California Building Code and California Fire Code and implementation of the following General Plan goals, policies and actions would reduce the risks associated with fire hazards and minimize calls for fire and emergency medical response services in Newark: Goals CS-2 and CSF-4; Policies CSF-4.2, CSF-4.4 to CSF-4.7, and Actions CSF-4.F, CSF4.G and CSF-4.H. This impact is considered to be less than significant. • Impact PS-2: Implementation of the proposed project (General Plan), in combination with past, present, and reasonably foreseeable development, would not result in significant cumulative impacts with respect to fire protection service subject to the California Building Code, California Fire Code, and development review of future projects under the General Plan and ACFD Strategic Business Plan.

This is a less than cumulatively considerable impact.

Law Enforcement Services
• Impact PS-3: Implementation of the proposed project (General Plan) would not result in a significant impact related to the construction or expansion of police facilities with continued collection of Capital Facilities Fees from development under the proposed project and implementation of General Plan Goal CSF-4, Policy CSF-4.1, and Actions CSF-4 and CSF-4.D. • Impact PS-4: Implementation of the proposed project (General Plan), in combination with past, present, and reasonably foreseeable growth, would not result in significant cumulative impacts with respect to law enforcement services subject to Capital Facilities Fees from development under the Plan and development review of future projects under the General Plan and because the changes and growth anticipated under the proposed Plan would not have any cumulative impact beyond the service boundary of the Newark Police Department service area. This is less than cumulatively considerable impact.

Public Schools
• Impact PS-5: Implementation of the proposed project (General Plan) would not result in the provision of or need for new or physically altered school facilities, the construction or operation of which could cause significant environmental impacts subject to school impact fees and pursuant to the provisions of California Government Code Section 65996(3)(h) whereby payment of these fees is deemed to be full and complete mitigation of these impacts. This is a less than significant impact. Further, General Plan Policies CSF-2.1 and CSF-2.2, and Actions CSF-2.A and CSF-2.B provide the framework for the accommodation of increased enrollment as it occurs incrementally over the horizon of the proposed project.
• Impact PS-6: Implementation of the proposed project (General Plan) in combination with past, present, and reasonably foreseeable growth in the Newark Union School District Service area would result in less than significant cumulative impacts with respect to schools subject to the payment of school impact fees by future development under the Plan and implementation of the policies and actions identified above. This is a less than cumulatively considerable impact.

Parks
• Impact PS-7: Implementation of the proposed project (General Plan) would not result in substantial adverse physical impacts associated with the provision of new or physically altered parks and recreational facilities in order to maintain the City’s adopted ratio of parkland per thousand residents with the implementation of the General Plan Actions POS-3.A, POS-3.D and POS-3.H and subject to project-level CEQA review at the time future park facilities are proposed for construction in order to identify and mitigate associated impacts, as needed. This impact is considered to be a less than significant impact.
• Impact PS-8 is discussed under the “Recreation Section”.

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• Impact PS-9 is discussed under the “Recreation Section”. • Impact PS-10 is discussed under the “Recreation Section”.

Other Facilities
• Impact PS-11: Implementation of the proposed project (General Plan) would not result in the need for new or physically altered library facilities with the implementation of the Goal CSF-1, Policy CSF-1.6, and Actions CSF-1.E and CSF-1.F. This impact is considered to be a less than significant impact. • Impact PS-12: Implementation of the proposed project (General Plan), in combination with past, present, and reasonably foreseeable development, would result in less than significant cumulative impacts with respect to libraries because the proposed project is not anticipated to contribute to a substantial adverse impact on the library system’s ability to serve its constituents and future library expansion or improvements when and if identified would undergo project specific CEQA review. This is less than cumulatively considerable impact.

Project Consistency with the 2013 FEIR

4.15(a) (Public Services) No Substantial Change Relative to the 2013 FEIR: The 2013 FEIR determined impacts to public services to be less than significant with implementation of the policies set forth in the General Plan, as identified above. The 2013 FEIR concluded that the increase in population at buildout of the General Plan would not require the construction or expansion of fire protection facilities, required development fees would offset the increase in the use of police, schools, parks and other services, and engagement of respective departments in the review of future development projects would ensure that projects are designed and developed to minimize impacts.

The Project is consistent with the development potential analyzed in the 2013 FEIR and the Project plans were reviewed and accepted by the Fire and Police Departments. The Project is a multifamily residential development that could potentially create direct impacts on educational services provided by schools through the addition of new students. The 2013 FEIR determined that much of the additional demand as a result of the buildout of the General Plan was accounted for in the Newark Union School District (NUSD) projections.

Additionally, the Project would be subject to school impact fees where payment of these fees is deemed to be full and complete mitigation of school impacts pursuant to the provisions of California Government Code Section 65996(3)(h). Additionally, the increase in demand for parks associated with population growth and development was considered in the 2013 FEIR. The Project is consistent with the projected buildout analyzed in the 2013 FEIR, which determined impacts to existing parks would be less than significant. Additionally, as described in Chapter 4.16 of this document, the Project would include common and private open space areas, for use by the residents, that conform to the respective open space standards applicable to the RM zoning district per NMC Section 17.07.030. Additionally, the Project is subject to development impact fees to fund maintenance, acquisition, and development of City of Newark public park and recreational facilities. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

Conclusion
The Project would not result in any new or more severe impacts to public services relative to what was identified in the 2013 FEIR. The Project consists of development anticipated in and consistent with the General Plan and the required development impact fees would offset potential incremental increase in the use of services. No environmental conditions of approval related to public services are required.

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4.16.RECREATION
Would the project:

New
Significant
Impact Not
Identified in
2013 FEIR
More
Severe
Impact
Relative to
2013 FEIR
No
Substantial
Change
Relative to
2013 FEIR
No Change
Relative to
the 2013
FEIR
a) Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the facility would occur or be accelerated?
b) Does the project include recreational facilities or
require the construction or expansion of recreational
facilities which might have an adverse physical effect
on the environment?
Sources: City of Newark General Plan, 2013 and General Plan Tune Up Draft EIR and Final EIR, 2013.

General Plan EIR Findings
The 2013 FEIR evaluated potential impacts to recreational parks and facilities in Chapter 4.12, Public Services and Recreation, and determined the following:
• Impact PS-7: The proposed Plan would not result in substantial adverse physical impacts associated with the provision of new or physically altered parks and recreational facilities in order to maintain the City’s adopted ratio of parkland per thousand residents subject to implementation of POS-3.A, POS3.D, and POD-3.H. • Impact PS-8: Implementation of the proposed project (General Plan) would not increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur, or be accelerated with the implementation of General Plan Goal POS-3, and Policies POS-3.1, POS-3.2 and POS-3.8. This impact is considered to be a less than significant impact.
• Impact PS-9: Implementation of the proposed project (General Plan) would not include or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment as described under Impact PS-7 above. This impact is considered to be a less than significant impact.
• Impact PS-10: Implementation of the proposed project (General Plan), in combination with past, present, and reasonably foreseeable growth, would not result in significant cumulative impacts with respect to parks and recreational facilities with the implementation of the following General Plan goal, policies and actions: Goal PR-5, Policies PR-1.5, PR-4.4, PR-5.1 to PR-5.8, and Actions PR-5.A, PR5.B, PR-5.C and PR-5.D. This is less than cumulatively considerable impact.

Project Consistency with the 2013 FEIR

4.16(a) (Deterioration of Parks) No Change Relative to the 2013 FEIR: The 2013 FEIR concluded that the General Plan would not result in a significant impact to existing recreational facilities because of increased use. The Project does not directly propose the construction of any parks or recreational facilities; however, it will implement numerous goals, policies, and actions that seek to promote and encourage the development of parks in the Plan Area. Specific actions for increasing provision of parks are identified above in Impact PS-7 discussion. Further, General Plan goals and policies identified under Impact PS-8 and PS-9 would be implemented to keep up with the anticipated population increase at buildout, modernization, and maintenance of existing recreations facilities.

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The Project is generally consistent with the General Plan as a medium density residential development on a site designated for such use in the General Plan and is not expected to result in substantially more significant impacts to parks or recreational facilities as compared to the impacts analyzed in the 2013 FEIR. Additionally, the Project would include common and private open space areas that conform to the respective open space standards applicable in the RM zoning district per NMC Section 17.07.030. The Project would also be subject to parks impact fees, which are used to fund maintenance, acquisition, and development of Newark parks and recreational facilities.

4.16(b) (Additional Recreational Facilities) No Substantial Change Relative to the 2013 FEIR The General Plan does not directly propose the construction of any parks or recreational facilities; however, it includes goals, policies, and actions that seek to promote and encourage the development of parks in the Plan Area.

The facilities that were identified as a result of these goals, policies and actions were analyzed in previous EIRs for the Dumbarton TOD and Southwest Newark Residential and Recreational Focus Area at a programmatic level and would be analyzed at the project level at the time of the development of the specific park projects. The Project is located away from these areas and does not require additional facilities beyond what has been planned. The Project’s contribution to development impact fees would be sufficient to fund parkland acquisition as well as maintenance and development of Newark parks and recreational facilities.

Therefore, environmental impacts related to construction, or expansion of recreational facilities are not expected to be substantially new or more severe relative to the 2013 FEIR as a result of the proposed Project.

Conclusion
The Project would not result in any substantially new or more severe impacts to recreation relative to what was identified in the 2013 FEIR. The Project consists of residential development anticipated by the General Plan overall and will be subject to payment of park fees and no environmental conditions of approval related to recreation are required.

4.17.TRANSPORTATION
Would the project:

New
Significant
Impact Not
Identified in
2013 FEIR
More
Severe
Impact
Relative to
2013 FEIR
No
Substantial
Change
Relative to
2013 FEIR
No Change
Relative to
the 2013
FEIR
a) Conflict with a program, plan, ordinance or policy
addressing the circulation system, including transit,
roadway, bicycle and pedestrian facilities?
b) Would the project conflict or be inconsistent with
CEQA Guidelines section 15064.3, subdivision (b)?
c) Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
d) Result in inadequate emergency access?
Sources: City of Newark General Plan, 2013 and General Plan Tune Up Draft EIR and Final EIR, 2013; Traffic Impact Study Report, prepared by TJKM, revised April 21, 2023; Cedar Townhomes VMT Analysis Memo, prepared by TJKM, October 14, 2022; Cedar/Smith Signal Warrant and Fair Share Assessment, prepared by TJKM, May 2023, and Cedar Boulevard Landscape Plans, Sheet L-1, Illustrative Site Plan, and Sheet L-2, Pedestrian Circulation Plan.

General Plan EIR Findings
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The 2013 FEIR evaluated potential impacts to Traffic and Circulation in Chapter 4.13 and determined the following:
• Impact TRANS-1: Implementation of the proposed project (General Plan) would cause intersection operation to degrade to an unacceptable LOS F at the a) Ardenwood Boulevard and SR 84 westbound ramps intersection during the AM peak hour in 2035, b) the Newark Boulevard and SR 84 eastbound ramps intersection during the PM peak hour in 2035, and c) the Cherry Street/Boyce Road and Stevenson Boulevard intersection during the PM peak hour at buildout. This is considered a significant impact and remains significant and unavoidable with mitigation. A statement of overriding consideration was adopted with the certification of the 2013 FEIR.

None of the above referenced intersections would be impacted by the Project traffic and were not required to be studied as part of the Project.
• Impact TRANS-2: Implementation of the proposed project (General Plan) would not conflict with the 2011 Alameda County Transportation Commission (CTC) Congestion Management Program (CMP) and would not add traffic representing more than 1 percent of the roadway capacity to any of the Metropolitan Transportation System (MTS) roadway segments in the Plan Area or its vicinity.

Additionally, congestion levels would be reduced by the following General Plan goals, policies and actions: Goals T-3, T-4, Policies T-3.1, T-3.3, T-3.4, T-4.1 to T-4.9, T-6.1, T-6.2 and T-6.4, and Actions T-3.A to T-3.C, T-4, T-4.A to T-4.E. This impact is considered a less than significant impact. • Impact TRANS-3: Implementation of the proposed project (General Plan U) would not result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks because as described in Chapter 4.9 and 4.13 of this document there are no airports in the vicinity of the Project site except helipads located 1.7 miles away where landings are infrequent. This impact is considered a less than significant impact. • Impact TRANS-4: Implementation of the proposed project (General Plan) would not substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment) subject to the design and safety standards in Newark Municipal Code, the State Building Code, and the State-referenced provisions of the International Fire Code and the implementation of the General Plan goals, policies and actions, including Policies T-1.6, T-2.7, T-2.8, T-5.11, and Action T-1.B This impact is considered a less than significant impact. • Impact TRANS-5: Implementation of the proposed project (General Plan) would not result in inadequate emergency access subject to the subject to the design and emergency standards specified in the Newark Municipal Code, the State Building Code, and the State-referenced provisions of the International Fire Code and the implementation of General Plan policies and actions intended to ensure adequate emergency access and efficient circulation, including Policies T-5.1 and T-5.9, and Action T-1.B. This impact is considered a less than significant impact. • Impact TRANS 6: Implementation of the proposed project (General Plan) would not conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities because of the following:
o City of Newark has adopted a Complete Streets Policy that is consistent with California AB 1358, and requires that transportation improvements in Newark be planned, funded, designed, constructed, operated, and maintained to provide safe mobility for all users appropriate to the function and context of the facility. The Complete Streets Policy is supported by General Plan Goal T-1, Policies T-1.1, T-1.3, T-1.6, and Actions T-1.B to T-I.D. o The General Plan is consistent with the Newark Transportation System Management Ordinance, adopted to manage employment-related travel demand supported by Policy T-4.6. o The City’s ongoing efforts at preparation of a Pedestrian and Bicycle Master Plan for a system of bikeways and support facilities within Newark that will also establish design standards for bicycle facilities, as well as education and safety programs. The General Plan goals, policies Packet Page 257
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and actions that support the development of the City’s Pedestrian and Bicycle Master Plan are as follows: Goal T-2, Policies T-2.1 to T-2.13, and Actions T-2.A to T-2.F, T-2.H to T-2.J.

This impact is considered a less than significant impact. • Impact TRANS 7: Implementation of the proposed project (General Plan), in combination with past, present, and reasonably foreseeable projects, would not result in additional cumulatively considerable impacts because cumulative impacts would be the same as impacts specific to the proposed project that would be addressed locally through specific road improvements, as well as through implementation of the goals, policies, and actions of the General Plan that seek to reduce existing vehicle trips, minimize the addition of new vehicle trips, and lower per capita VMT. This is a less than cumulatively considerable impact.

Level of Service to Vehicle Miles Traveled
Level of service (LOS) has historically been used as a standard measure of traffic service within the City of Newark. Pursuant to SB 743, as of July 1, 2020, lead agencies are required to evaluate transportation impacts of a project using a Vehicle Miles Traveled (VMT) metric, which focuses on balancing the needs of congestion management with statewide goals related to infill development, promotion of public health through increased active mobility facilitated by closer proximity to alternative travel modes and reduction of greenhouse gas emissions.

In December 2018, the California Governor’s Office of Planning and Research (OPR) published the Technical Advisory on Evaluating Transportation Impacts in CEQA, which provides recommendations for evaluating a project’s transportation impact using a VMT metric, thresholds of significance, and mitigation measures.

Pursuant to Government Code Section 15064.3(b), lead agencies have discretion to select the most appropriate methodology for evaluating a project’s VMT impacts. To date, June 2023, the City of Newark has not adopted VMT thresholds or guidelines. In the absence of locally adopted thresholds at the time of review of the proposed Project, the City of Newark relies upon recommendations set forth in the Governor’s Office of Planning and Research (OPR)’s Technical Advisory. The Technical Advisory provides qualitative thresholds for which projects are considered to have characteristics that will not result in significant VMT impacts and are therefore not required to conduct transportation analysis for VMT.

Vehicle Miles Traveled (VMT) Screening Analysis
SB 743 established a change in the metric to be applied for determining traffic impacts associated with development projects. The OPR Technical Advisory (December 2018) provides guidance to analysts and local jurisdictions for implementing VMT as a metric for determining the transportation impact for land use projects The OPR guidelines state that for analysis purposes, “VMT” refers to automobile VMT, specifically passenger vehicles and light trucks. Heavy truck traffic is typically excluded. The OPR methodology and implementation guidelines were adopted by the Alameda County Transportation Commission in July 2020.

Project Consistency with the 2013 FEIR

4.17(a) (Conflicts with Plans, Policies, Ordinances) No Substantial Change Relative to the 2013 FEIR:

The 2013 FEIR determined that the implementation of the General Plan would not conflict with the 2011 Alameda CTC (ACTC) Congestion Management Program (CMP). The CMP is a technical document that describes strategies and procedures to: (1) measure the performance of the county’s multimodal transportation system, (2) address roadway congestion and improve the performance of a multimodal system, and (3) connect transportation and land use planning. Pursuant to state legislation, the ACTC is required to update the CMP every two years and the ACTC CMP has been updated subsequent to the adoption of the General Plan in 2013 and certification of the 2013 FEIR. However, the technical elements of a CMP remain the same. The CMP recommends a detailed transportation impact analysis (TIA) for projects generating 100 vehicle-trips or more during the weekday PM peak hour.

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The Project TIA, prepared by TJKM, revised April 21, 2023 (Appendix F-1) estimated that the Project would generate 562 net daily trips of which 31 (six inbound, 25 outbound) trips would be generated during the a.m. peak hour and 33 (24 inbound, nine outbound) trips would be generated during the p.m. peak hour. Since the project is expected to generate fewer than 100 net PM peak hour trips, a CMP roadway segment analysis was not required. The TIA evaluates the impacts on the transportation infrastructure due to the addition of traffic from the Project at five study intersections during the weekday morning (a.m.) and weekday afternoon (p.m.) peak hours under six study scenarios: No Project and Plus Project scenarios for Existing, Background, and Cumulative Conditions using the Level of Service analysis methodology. While the LOS standards are no longer used for identifying impacts under CEQA, the LOS analysis is still used for determining consistency with adopted agency plans and standards.

Based on the City of Newark standards, a project would result in an adverse impact on traffic conditions at a signalized intersection if for either peak hour:

1. The level of service at the intersection degrades from an acceptable LOS D or better under no project conditions to an unacceptable LOS E or F under project conditions.

2. The level of service at the intersection is an unacceptable LOS under no-project conditions and the addition of project trips causes the average delay at the intersection to increase by four (4) or more seconds.

An adverse impact by the City of Newark standards is said to be satisfactorily mitigated when measures are implemented that would restore intersection level of service to no project conditions or better. Based on the analysis of the study intersection, the TIA recommended the following with respect to the intersection of Cedar Boulevard/Moores Avenue:

1. Installation of crosswalks (including pedestrian signal heads and push buttons) along the newly proposed north leg (the site entrance) and along the west leg of the intersection.

2. Installation of a tactile surface for the existing curb ramp at the northeast corner of the intersection.

These recommendations are proposed as part of the improvements associated with the Project. Additionally, the Project would be consistent with the General Plan Policies T-4.1 and T-4.2 applicable to the Project in that it consists of higher density development serviced by transit with Alameda-Contra Costa Transit (AC Transit) bus stops located in close proximity to the site and accessed via a continuous path of sidewalks and adequate bicycle facilities. AC Transit routes 200, 232, 620, 626 and 628 serve these bus stops and in turn provide regional access with connection to Union City and Fremont BART stations through various residential neighborhoods in north Newark. The Fremont Bart Station is itself located 3.5 miles from the Project site.

Additionally, the California Manual on Uniform Traffic Control Devices (MUTDC) specifies signal warrants to provide guidance on when a traffic signal should be considered at an unsignalized intersection. Only one warrant needs to be satisfied to support the installation of a traffic control signal and additional warrants met would further support the appropriateness of installation. These signal warrants are as follows:
• Warrant 1 – Eight-Hour Vehicular Volume
• Warrant 2 – Four-Hour Vehicular Volume
• Warrant 3 – Peak-Hour Vehicular Volume
• Warrant 4 – Pedestrian Volume
• Warrant 5 – School Crossing Volume
• Warrant 7 – Crash Experience
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These warrants were evaluated by TJKM in the “Cedar/Smith Signal Warrant and Fair Share Assessment” (Appendix F-2) to ascertain whether the Cedar Boulevard/Smith Avenue intersection would require signalization. According to the analysis, signalization at this intersection should be considered because the peak-hour warrant is met. As a result, the City’s Department of Public Works has placed a condition of approval on the project for compliance with the MUTDC provisions that is reproduced below as COA TRAN-1 The City has also adopted a “Pedestrian and Bicycle Master Plan”, which was adopted on February 23, 2017, and comprehensively addresses the City’s biking and walking environment in the years to come. The Project would be served by existing bicycle facilities that include Class II bike lanes on Cedar Boulevard between Balentine Drive and Central Avenue and Class III bike lanes on Cedar Boulevard between Balentine Drive and Stevenson Boulevard. Other bike lanes in the Project vicinity include Class III bike lanes on Smith Avenue between Cedar Boulevard and Cherry Street, and Class II bike lanes along Mowry and Central Avenues and Cherry Street that connect the Project site to the larger area in Newark. As indicated in Appendix F-1, the Project would not conflict with or disrupt existing bicycle or pedestrian circulation nor would it be inconsistent with the City’s Pedestrian and Bicycle Master Plan. The Project would also not disrupt transit facilities because the additional trips generated by the Project would be served by existing transit services operating in the area and there would be adequate sidewalks and bicycle facilities to access the transit stop from the Project site.

Therefore, the Project will not introduce new or more severe impacts due to a conflict with policies related to vehicular level of service, pedestrian, bicycle and transit services, beyond those identified in the 2013 FEIR.

4.17(b) (Conflict with 15064.3(b) VMT) No Substantial Change Relative to the 2013 FEIR: Following adoption of the General Plan and certification of the 2013 FEIR, SB 743 went into effect. In the absence of locally adopted VMT thresholds, the City of Newark is relying upon the ACTC guidelines for VMT analysis drawn from the Technical Advisory for evaluating VMT issued by the OPR. A VMT Screening Analysis was completed for the Project (Appendix F-1) based on the ACTC guidelines. As indicated in Appendix F-3, the ACTC guidelines include a screening process that describes five scenarios in which a project would be exempted from a VMT analysis requirement: 1) projects exempt from CEQA analysis, 2) small projects, 3) local serving projects, 4) projects in transit priority areas, and 5) projects in low VMT areas. ACTC defines a low VMT area as a city or unincorporated portion within one of the ACTC subregions where home‐based VMT per resident is at least 15 percent below the countywide VMT or where the commute VMT per employee is at least 15 percent below the regional average. Therefore, under ACTC guidelines, a residential project would have a significant impact on VMT if it would generate residential VMT per capita that is higher than 85 percent of the South Alameda County average. The ACTC model includes traffic analysis zones (TAZ) covering geographic areas throughout Alameda County.

Based on the analysis included in Appendix F-3, Traffic Analysis Zone (TAZ) No. 934 in which the Project would be located has a baseline average residential VMT of 23.24 miles per capita while the Project VMT would be 18.43 miles per capita, which is less than the screening threshold of 19.21 miles per capita. Therefore, the proposed Project would be expected to result in a less-than-significant VMT impact.

4.17(c) (Geometric Design Feature Hazard) No Substantial Change Relative to the 2013 FEIR: The 2013 FEIR determined that there would be a less than significant impact as it relates to hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment), subject to design and construction of the transportation and circulation improvements consistent with local, regional, and federal standards and implementation of General Plan policies identified under Impact TRANS4 above.

Access to the Project would be provided in generally the same location as currently existing via a two-way driveway at the north leg of the Cedar Boulevard and Moores Avenue intersection. As shown on the Site Plan (Appendix G), the internal vehicular circulation network on the Project site would consist of a 24 foot wide street in a general east to west direction that would serve as the spine for 24 foot wide streets in a general north-south direction that would provide access to the residences. The former roadway would turn toward Cedar Boulevard at the southeastern property boundary to provide emergency access at the southwestern corner of the site from Cedar Boulevard. Internal pedestrian pathways would be provided along the rear property boundary, along the driveway and between the rows of buildings that would connect to the sidewalk Packet Page 260
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along Cedar Boulevard to the front of the Project site. The Project also proposes off-site transportation related improvements that are described in Chapter 2.3 of this document and are reiterated below:
• Widening of Cedar Boulevard on its northeast side along the Project site frontage to accommodate a 12- foot travel lane, an 11-foot travel lane, a 2-foot bike buffer, and a 5-foot bike lane with a four-to six-foot wide parkway strip behind the curb and 6-foot wide separated meandering sidewalk included in the street section.
• Extension of the existing Cedar Boulevard landscape median island toward the north to create a dedicated left turn pocket at the Cedar Boulevard-Moores Avenue intersection. • Relocation behind the new curb line of existing utilities including streetlights, fire hydrants, water meters, joint trench boxes as well as the existing storm drainage inlet located at the proposed Project’s entrance. • Relocation behind the new curb line of existing traffic signal heads and pole in the southeast quadrant of the Cedar Boulevard-Moores Avenue intersection.
• New directional curb ramps at the Project entrance and new crosswalks on the eastern and northern legs of the Cedar Boulevard-Moores Avenue intersection.
• Restriping of crosswalk on the southern leg of the intersection to match the new directional curb ramp locations and pedestrian push button location and in the northeastern half of Cedar Boulevard to match the proposed lane widths.
• Installation of a new Cedar Boulevard landscape median north of Moores Avenue intersection to create a dedicated left turn pocket into the project entrance. The landscape median will connect to the new landscape median that will be constructed with the adjacent project. • A traffic signal and crosswalk improvements at the Cedar Boulevard and Smith Avenue intersection, in accordance with condition of approval (COA) TRAN-1. Traffic signal plans shall be prepared, reviewed, and approved as part of the Project’s improvement plans. The adjacent residential development to the west of the Project site is similarly conditioned to provide the traffic signal improvements at Cedar Boulevard and Smith Avenue. If, at the time of final map approval, the applicant of the adjacent residential development has already provided guarantee(s) or other appropriate improvement security for the traffic signal, the Project will not be required to install the traffic signal.

Proposed improvements associated with the Project would not present geometric design feature hazards associated with the existing and proposed improvements and all of the above improvements have been reviewed by the City’s Public Works Department and accepted for compliance with the applicable regulations.

Additionally, these improvements are consistent with the applicable General Plan policies in that they avoid vehicular and bicycle/pedestrian conflicts to allow for safe bicycle/pedestrian circulation, and are compliant with the City’s street standards. Therefore, the Project will not result in new or more severe impacts beyond those analyzed in the 2013 FEIR by way of introducing a hazardous design feature.

4.17(d) (Emergency Access) No Substantial Change Relative to the 2013 FEIR: The 2013 FEIR concluded that impacts related to emergency access would be less than significant subject to design and construction of the transportation and circulation improvements consistent with local, regional, and federal standards and implementation of General Plan policies identified under Impact TRANS-5 above. The Project’s circulation plan has been reviewed and meets all requirements of the Alameda County Fire Department and City Public Works Department. The Project’s internal circulation was determined to be adequate, including sufficient street widths and drive aisles to allow for fire truck access to the proposed Project. During construction activities, temporary lane closures on Cedar Boulevard and nearby roads may occur during frontage improvements and utility work that will be coordinated with the Alameda County Fire Department, City Police Department, and emergency responders to ensure that through access is maintained and adequate response times are achievable. Given these factors, the Project’s emergency access is in accordance with the applicable General Plan policies and actions. Therefore, emergency vehicle access would be adequate under the proposed Project and there would Packet Page 261
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be no new or more severe impacts related to emergency access as a result of Project implementation relative to the 2013 FEIR.

Conclusion and Environmental Conditions of Approval
The Project would not result in any new or more severe impacts to traffic and circulation including transportation relative to what was identified the 2013 FEIR. With the conditions of approval specified below, the Project would be generally consistent with the General Plan:

COA TRAN-1: 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:

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.

4.18. TRIBAL CULTURAL RESOURCES
Would the project:

New
Significant
Impact Not
Identified in
2013 FEIR
More
Severe
Impact
Relative to
2013 FEIR
No
Substantial
Change
Relative to
2013 FEIR
No Change
Relative to
the 2013
FEIR
Cause a substantial adverse change in the
significance of a tribal cultural resource, defined in
Public Resources Code section 21074 as either a site,
feature, place, cultural landscape that is
geographically defined in terms of the size and scope
of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of
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historical resources as defined in Public Resources
Code section 5020.1(k), or
b) A resource determined by the lead agency, in its
discretion and supported by substantial evidence, to
be significant pursuant to criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead
agency shall consider the significance of the resource
to a California Native American tribe.

Sources: City of Newark General Plan, 2013 and General Plan Tune Up Draft EIR and Final EIR, 2013; Historic Resource Evaluation, prepared by Diana J. Painter, Painter Preservation, November 21, 2022, and AB 52 Notification issued by the City of Newark February 8, 2023.

According to Public Resources Code (PRC) Section 21074, tribal cultural resources are defined as follows:

1. Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are either of the following:
a. Included or determined to be eligible for inclusion in the California Register of Historical Resources (CRHR); or
b. Included in a local register of historical resources as defined in PRC Section 5020.1(k).

2. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in PRC Section 5024.1(c). In applying the criteria set forth in PRC Section 5024.1(c), the lead agency shall consider the significance of the resource to a California Native American tribe.

3. A cultural landscape that meets the criteria of PRC Section 21074(a) to the extent that the landscape is geographically defined in terms of the size and scope of the landscape.

4. A historical resource described in PRC Section 21084.1, a unique archaeological resource as defined in PRC Section 21083.2(g), or a “non-unique archaeological resource” as defined in PRC Section 21083.2(h), if it conforms with the criteria of PRC Section 21074(a).

In accordance with PRC Section 21080.3.1(d), the City of Newark provided written formal notification on February 8, 2023, via mail and email to the tribes identified by the Native American Heritage Commission (NAHC). The notice included a brief description of the proposed Project and its location, the City of Newark’s contact information, and a notification that the tribes have 30 days to request consultation. The tribes that were notified are listed below:
• Amah MutsunTribal Band of Mission San Juan Bautista
• Costanoan Rumsen Carmel Tribe
• Indian Canyon Mutsun Band of Costanoan
• Muwekma Ohlone Indian Tribe of the SF Bay Area
• North Valley Yokuts Tribe
• The Ohlone Indian Tribe
• Wuksache Indian Tribe/Eshom Valley Band
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• The Confederated Villages of Lisjan
• Tamien Nation
One response from the Confederated Villages of Lisjan Nation was received on February 9, 2023, with a request for additional information regarding the Project site that was provided to the Tribal representative on February 10, 2023. To date, June 2023, the City of Newark has not received any further communication from the above referenced tribe and has not received responses requesting consultation from any other tribes contacted.

General Plan EIR Findings
As discussed above in Section 4.5, the 2013 FEIR concluded that the implementation of the General Plan would result in significant and unavoidable impacts related to cultural resources, which may include tribal cultural resources, in the Southwest Newark Residential and Recreational Focus Area. The Project is not included in the Southwest Newark Residential and Recreational Focus Area. In other locations in the Plan Area, General Plan Policy LU-5.5 would render these impacts to tribal resources less than significant.

Project Consistency with the 2013 FEIR

4.18(a) (Listed or Eligible for Listing) No Change Relative to the 2013 FEIR: The 2013 FEIR identifies the Dumbarton TOD Focus Area and the Southwest Newark Residential and Recreational Focus Area as sensitive for potential archaeological resources. The Project site is not located within any of these areas, has been previously graded, and is almost entirely paved. Further, the Project site is developed with industrial/commercial buildings that are not historic resources as determined and described in Appendix B. It is not identified in the NAHC Sacred Lands File (SLF), based on a record search of the SLF. Additionally, no tribes notified based on the list provided by the NAHC responded with information regarding potential tribal resources on the Project site and vicinity. Therefore, the Project would not result in new or more severe impacts relative to the 2013 FEIR as it relates to a cultural resource of value to a tribe that is listed or eligible for listing in the CRHR, or in a local register of historical resources as defined in PRC Section 5020.1(k).

4.18(b) (Significant Resources) No Change Relative to the 2013 FEIR: As described above and consistent with General Plan Goal LU-5.5, the City of Newark provided notification of the Project to tribes and tribal organizations on February 8, 2023, consistent with AB 52. One response from the Confederated Villages of Lisjan Nation received on February 9, 2023, requested additional information regarding the Project site that was provided to the Tribal representative on February 10, 2023. To date, June 2023, the City of Newark has not received any further communication from the above referenced tribe and has not received responses requesting consultation from any other tribes contacted. As such, no requests to enter into consultation were received on the Project. Further, COA CUL-1 imposed on the project and set forth in Chapter 4.5 provides protection for the protection of buried cultural resources, including tribal cultural resources, in the event of discovery. Therefore, the proposed Project would not result in new or more severe impacts relative to the 2013 FEIR.

Conclusion and Environmental Condition of Approval
The Project would not result in any new or more severe impacts to archaeological resource, including tribal cultural resources, relative to what was identified in the 2013 FEIR. The Project has complied with Mitigation Measure 4.4-1 from the 2010 Housing Element EIR as identified in the 2013 EIR with COA CUl-1 as described in Chapter 4.5 of this document and imposed on the Project to ensure that the Project does not result in impacts to buried archaeological resources on site, if present.

4.19.UTILITIES AND SERVICE SYSTEMS
Would the project: New
Significant
More
Severe
No
Substantial
No Change
Relative to
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Impact Not
Identified in
2013 FEIR
Impact
Relative to
2013 FEIR
Change
Relative to
2013 FEIR
the 2013
FEIR
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or
storm water drainage, electric power, natural gas, or
telecommunications facilities, the construction or
relocation of which could cause significant
environmental effects?
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future
development during normal, dry and multiple dry
years?
c) Result in a determination by the wastewater
treatment provider which serves or may serve the
project that it has adequate capacity to serve the
project’s projected demand in addition to the
provider’s existing commitments?
d) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment of
solid waste reduction goals?
e) Comply with federal, state, and local management
and reduction statutes and regulations related to solid waste?
Sources: City of Newark General Plan, 2013 and General Plan Tune Up Draft EIR and Final EIR, 2013; Tract 8665 Vesting Tentative Map for Condominium Purposes, Sheets 6.0 Utility Plan, dated June 2, 2023.

General Plan EIR Findings
The 2013 FEIR evaluated potential impacts to Utilities and Service Systems in Chapter 4.14 and determined the following:

Water Supplies/Infrastructure
• Impact UTIL-1: Implementation of the proposed project (General Plan) would increase water demand, however, sufficient water supplies are available to serve the project from existing entitlements and resources. Further, the following General Plan goal, policies and actions would ensure that new development under the proposed project contribute to reducing water demands in the service area:

Goal CS-3, Policies CS-3.2, CS-3.3, CS-3.9, CSF-5.1, CSF-5.3, CSF-5.6 to CSF-5.8, and Actions CS3.B, CSF-5.A, CSF-5.B. This impact will be considered to be a less than significant impact. • Impact UTIL-2: Implementation of the proposed project (General Plan) would not require or result in the construction of new water facilities or expansion of existing facilities, the construction of which would cause significant environmental effects because sufficient water supplies are available to serve the project from existing entitlements and resources as described in Impact UTIL-1. Further, General Plan Policies CSF-5.7 and CSF-5.8 and Action CSF-5.B would ensure that impacts to water facilities would be adequately addressed. This impact is considered to be a less than significant impact. • Impact UTIL-3: Implementation of the proposed project (General Plan), in combination with past, present, and reasonably foreseeable development, would result in less than significant cumulative impacts with respect to water supply because cumulative water demands would neither exceed Packet Page 265
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planned levels of supply nor require building new water treatment facilities or expanding existing facilities beyond what is currently planned in the ACWD’s Capital Improvements Plan (CIP).

Additionally, future development would be required to pay development fees, which would offset the costs of system maintenance and capital upgrades to support the new development in the ACWD service area.

Wastewater
• Impact UTIL-4: Implementation of the proposed project (General Plan) would not exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board (SFRWQCB). This impact is considered a less than significant impact.
• Impact UTIL-5: Implementation of the proposed project (General Plan), would not require or result in the construction of new wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects subject to applicable regulations of the Union Sanitary District (USD) and City of Newark, including their development review process and fees, as well as the implementation of General Plan policies and actions, including Policies CSF5.2, CSF-5.3, CSF-5.7, CSF-5.8, and Action CSF-5.C. This impact is considered to be a less than significant impact.
• Impact UTIL-6: Implementation of the proposed project (General Plan), would not result in a determination by the wastewater treatment provider which serves or may serve the project that it does not have adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments. This is because future demands from the implementation of the General Plan would not exceed the capacity of Newark’s wastewater treatment plant, the Alvarado Wastewater Treatment Plant (AWWTP), and the implementation of policies and actions identified under Impact UTIL-5 would address potential impacts to USD collection system. Additionally, future projects pursuant to the General Plan would be subject to the City of Newark and USD Development Review Process, USD Capacity Fees, and NMC Chapter 3.24 Development Impact Fees. This impact is considered a less than significant impact.
• Impact UTIL-7: Implementation of the proposed project (General Plan), in combination with past, present, and reasonably foreseeable development, would not result in significant cumulative impacts with respect to wastewater because the increase in volume of wastewater as a result of the project would not be cumulatively considerable, cumulative demand would not substantially impact the existing or planned capacity of the wastewater treatment system, and the construction of new wastewater treatment facilities would not be necessary. Further, implementation of the following General Plan policies would ensure provision of adequate wastewater facilities: Policies CSF-5.2, CSF-5.7 and CSF-5.8. This is less than cumulatively considerable impact.

Stormwater
• Impact UTIL-8: Implementation of the proposed project (General Plan) would not require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects subject to compliance with the C.3 provisions of the Alameda County Clean Water Program. Further, the following General Plan policies and actions would reduce demand on the storm drainage system: Policies CSF-5.4 to CSF-5.8, CS6.4, CS-6.5, and Actions CSF-5.D, CSF-5.E, CS-3.G and CS-3.H. • Impact UTIL-9: Implementation of the proposed project (General Plan), in combination with past, present, and reasonably foreseeable development, would not result in significant cumulative impacts with respect to stormwater facilities because implementation of the regulations and policies identified above would not substantially increase either the volume or the velocity of stormwater flowing into the storm sewer system that would be upgraded and expanded as necessary to support development in Newark. This is a less than cumulatively considerable impact.

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Solid Waste
• Impact UTIL-10: Implementation of the proposed project (General Plan) would be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs. Further, the General Plan contains goals and policies intended to reduce waste generation and the demand for landfill capacity. This impact is considered to be a less than significant impact. • Impact UTIL-11: The proposed project (General Plan) would comply with federal, State, and local statues and regulations related to solid waste with implementation of General Plan Actions CS-8.A, CS-8.C, CS-8.D, and CS-8.F. This impact is considered to be a less than significant impact. • Impact UTIL-12: Implementation of the proposed project (General Plan), in combination with past, present, and reasonably foreseeable development, would not result in significant cumulative impacts with respect to solid waste because increase in solid waste generation would be minimal due to waste source reduction and diversion programs that include recycling, composting, mandatory construction and demolition (C&D) debris recycling, and mandatory commercial recycling.

Project Consistency with the 2013 FEIR

4.19(a) (Relocation/Expansion of Utilities) No Substantial Change Relative to the 2013 FEIR: The 2013 FEIR concluded that the implementation of the General Plan would not significantly increase demands for utilities and services systems including water, wastewater, storm drain, and solid waste and impacts related to relocation/expansion of utilities would be less than significant. The subject Project is generally consistent with the General Plan and will not necessitate the expansion or relocation of existing utilities. The proposed Project would introduce 76 residential units (townhomes) that would generate demand for utilities and services. The site is served by existing utilities, including water, wastewater, and storm drain infrastructure which will service the proposed development on the Project site. The proposed development would include installation of water, sanitary sewer and storm drain lines that will connect to the existing infrastructure, respectively. However, the demand for utilities and service systems generated by the Project is anticipated by the 2013 FEIR and does not require the relocation or substantial expansion of infrastructure. The Project’s stormwater management system has been designed and would be implemented in accordance with the C.3 provisions of the Alameda County Clean Water Program. Therefore, the Project’s impacts related to the relocation, construction, or expansion of utilities will not result in new or more severe impacts relative to the 2013 FEIR.

4.19(b) (Sufficient Water Supplies) No Substantial Change Relative to the 2013 FEIR: The 2013 FEIR concluded that the implementation of the General Plan would result in less than significant impact to water supplies because sufficient water supplies during normal, dry, and multiple dry years, are available to serve development pursuant to the General Plan from existing entitlements and resources Additionally, applicable General Plan goals, policies and actions as identified under Impact UTIL-1 would serve to reduce water demand generation by development pursuant to the General Plan.

The Project proposes residential development within the residential capacity analyzed in the 2013 FEIR. The Project would include sustainability features including low flow fixtures and drought tolerant landscaping that would serve to reduce the Project’s water demand. Additionally, a “Will Serve” letter will be required from the water purveyor, the Alameda County Water District. Therefore, impacts related to water supplies would not result in new or more severe impacts relative to those identified in the 2013 FEIR.

4.19(c) (Wastewater Capacity) No Substantial Change Relative to the 2013 FEIR: The 2013 FEIR concluded that implementation of the General Plan would result in less than significant impact related to waste water treatment capacity. The Project is generally consistent with the General Plan and the increase in wastewater generated by the Project is within the flow capacity analyzed as part of the 2013 FEIR.

Furthermore, the Project is subject to USD fees and City of Newark Development Impact Fees, that would be used to fund maintenance and expansion of wastewater conveyance systems and treatment facilities, as required. As such, the proposed Project will not cause or exceed wastewater treatment requirements set forth by the SFRWQCB, nor will the Project necessitate the expansion or construction of wastewater conveyance Packet Page 267
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or treatment facilities. Therefore, impacts to wastewater capacity would not result in new or more severe impacts relative to those identified in the 2013 FEIR.

4.19(d,e) (Solid Waste Generation/Compliance with Solid Waste Management) No Substantial Change Relative to the 2013 FEIR: The 2013 FEIR concluded that implementation of the General Plan would have a less than significant impact related to solid waste because future developments under the Plan would be served by a landfill with sufficient permitted capacity to accommodate their solid waste disposal needs. Further, implementation of the applicable General Plan goals and policies would reduce waste generation and the demand for landfill capacity.

The Project would contribute to the generation of solid waste within the General Plan area, but the Project applicant would be required to adhere to all regulations governing the disposal of solid waste, solid waste management and reduction goals. A “Will Serve” letter for the Project has been provided by the Republic Services that provides solid waste collection services for recycling and waste disposal. Therefore, solid waste related impacts from the Project construction and operation would not result in new or more severe impacts relative to those identified in the 2013 FEIR.

Conclusion and Environmental Conditions of Approval
The Project would not result in any new or more severe impacts to utilities and service systems relative to what was identified in the 2013 FEIR with the implementation of the following condition of approval:

COA UTIL-1: Prior to the issuance of a building permit, the applicant shall pay the applicable impact fees, including, but not limited to, the Housing Impact Fee and Transportation Impact Fee, in the amount in effect at the time. If the applicant is eligible for a Transportation Impact Fee credit as determined by the City Engineer, the Transportation Impact Fee will be adjusted accordingly as determined by the City Engineer.

4.20.WILDFIRE
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones,
would the project:

New
Significant
Impact Not
Identified in
2013 FEIR
More
Severe
Impact
Relative to
2013 FEIR
No
Substantial
Change
Relative to
2013 FEIR
No Change
Relative to
the 2013
FEIR
a) Substantially impair an adopted emergency
response plan or emergency evacuation plan?
b) Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose project
occupants to, pollutant concentrations from a wildfire
or the uncontrolled spread of a wildfire?
c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel breaks,
emergency water sources, power lines or other
utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
Sources: City of Newark General Plan, 2013 and General Plan Tune Up Draft EIR and Final EIR, 2013, and State Responsibility Fire Hazard Severity Zone Maps, Office of the State Fire Marshall.

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General Plan EIR Findings
The 2013 FEIR evaluated potential impacts related to Wildfires in Chapter 4.9, Hazards and Hazardous Materials and determined the following:
• Impact HAZ-8: As also discussed under Chapter 4.9 of this document, implementation of the proposed project (General Plan) would not expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands because the Plan Area is surrounded on all sides by land within the limits of the City of Fremont and is not designated as having high, very high, or extreme wildland fire threat to people, as determined by CAL FIRE’s Wildlife Urban Interface Fire Threat data. Future development in the Plan Area would be constructed pursuant to the California Building Code, California Fire Code, and the City of Newark Municipal Code and the General Plan Goal EH-1 and Policies EH-1.1 and EH1.2 would further ensure minimization of risks from wildland fires. This impact is considered to be less than significant.

Project Consistency with the 2013 FEIR

4.20(a-d) (Impair Emergency Plans, Exacerbate Wildfire Risk Exacerbation, Infrastructure Contributing to Wildfire Risk, Exposure to Wildfire-Related Risks – if located in or near state responsibility areas or lands classified as very high fire hazard severity zones) No Change Relative to the 2013 FEIR: As indicated in Chapter 4.9 of this document, the Project site and lands surrounding and in the vicinity of the Project site are not in an area categorized by CAL FIRE as any of the Fire Hazard Severity Zones, including very High Fire Hazard Severity Zones (VFHSZ). Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the 2013 FEIR.

Conclusion
The Project and surrounding land are not located in or near state responsibility areas or lands classified as very high fire hazard severity zones. Therefore, the Project would not result in any new or more severe impacts due to wildfire risk relative to what was identified the 2013 FEIR.

4.21. MANDATORY FINDINGS OF SIGNIFICANCE
New
Significant
Impact Not
Identified in
2013 FEIR
More
Severe
Impact
Relative to
2013 FEIR
No
Substantial
Change
Relative to
2013 FEIR
No Change
Relative to
the 2013
FEIR
a) Does the project have the potential to substantially degrade the quality of the environment, substantially
reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal
community, substantially reduce the number or restrict
the range of a rare or endangered plant or animal or
eliminate important examples of the major periods of
California history or prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable? (“Cumulatively
considerable” means that the incremental effects of a
project are considerable when viewed in connection
with the effects of past projects, the effects of other Packet Page 269
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current projects, and the effects of probable future
projects)?
c) Does the project have environmental effects which
will cause substantial adverse effects on human
beings, either directly or indirectly?
Sources: City of Newark General Plan, 2013 and General Plan Tune Up Draft EIR and Final EIR, 2013 General Plan EIR Findings
As presented above in Sections 4.1 through 4.20, the 2013 FEIR included an evaluation of cumulative impacts associated with implementation of the General Plan.

Project Consistency with the 2013 FEIR

4.21(a) (Degrade the Environment) No Change Relative to the 2013 FEIR: The Project is located within the General Plan area boundary and potential impacts associated with its development have been anticipated by the City’s General Plan and analyzed in the 2013 FEIR. The Project is consistent with the General Plan Land Use designation, applicable goals, policies, and programs and is required to comply with applicable state, local and federal regulations.

As described in this document, the Project has the potential to result in environmental impacts primarily associated with temporary construction activities. Environmental conditions of approval as identified would avoid, reduce, or offset impacts consistent with the 2013 FEIR. With the implementation of conditions of approval set forth in this document with respect to Air Quality, Biological Resources and Cultural Resources, as well as adherence to the City’s uniformly applied development standards, the Project’s potential to degrade the quality of the environment would be substantially the same as that analyzed in the 2013 FEIR. Therefore, the Project will not degrade the quality of the environment, reduce habitat, or affect cultural resources beyond what has already been disclosed and analyzed in the certified 2013 FEIR.

4.21(b) (Cumulatively Affect the Environment) No Change Relative to the 2013 FEIR: The CEQA Guidelines define cumulative impacts as “two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts. The individual effects may be changes resulting from a single project or an increase in environmental impacts. The cumulative impact from several projects is the change in the environment which results from the incremental impact of the proposed project when added to other closely related past, present, and reasonably foreseeable probable future projects.

Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time” (Guidelines, Section 15355(a)(b)).

The analysis of cumulative impacts for each environmental factor can employ one of two methods to establish the effects of other past, current, and probable future projects. A lead agency may select a list of projects, including those outside the control of the agency, or alternatively, a summary of projections. These projections may be from an adopted general plan or related planning document or from a prior environmental document that has been adopted or certified; these documents may describe or evaluate the regional or area-wide conditions contributing to the cumulative impact.

Cumulative impacts of the implementation of the General Plan were evaluated in the 2013 FEIR and found to be less than significant as discussed in Chapter 4.1 to 4.20 of this document. Development of the Project is consistent with the General Plan and the Project is subject to environmental conditions of approval as well as uniformly applied development standards. Implementation of identified conditions of approval and uniformly applied development standards would ensure that development of the proposed Project would not result in cumulatively considerable environmental impacts beyond those analyzed in the 2013 FEIR.

4.21(c) (Substantial Adverse Effect on Humans) No Substantial Change Relative to the 2013 FEIR: The Project would not result in any new or more substantial adverse effects on humans relative to the 2013 FEIR findings for the General Plan because the Project is located in the Plan area and consistent with the General Packet Page 270
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Plan. With implementation of the identified environmental conditions of approval, the Project will not result in new or more severe impacts beyond those identified in the 2013 FEIR that would directly or indirectly cause substantial adverse effect on human beings.

Conclusion
The Project would not result in any new or more severe impacts relative to what was identified the 2013 FEIR subject to identified environmental conditions of approval and standard regulatory requirements. No environmental conditions of approval related to mandatory findings of significance are required.

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5. REFERENCE DOCUMENTS
The following reference documents are hereby incorporated by reference and are available for review during normal business hours at the City of Newark Community Development Department, 37101 Newark Boulevard, Newark, CA 94560, in the Community Development Department.

5.1. TECHNICAL APPENDICES
A. Air Quality and Greenhouse Gas Analysis, prepared by LSA, November 7, 2022.

B. Historic Resource Evaluation, prepared by Diana J. Painter, Painter Preservation, November 21, 2022.

C-1.Geotechnical Exploration, prepared by ENGEO, January 31, 2023 C-2. Geotechnical Peer Review, prepared by Cotton, Shires and Associates, Inc., April 10, 2023 C-3. Responses to Geotechnical Review Comments, prepared by ENGEO, June 5, 2023 C-4. Supplemental Geotechnical Peer Review, prepared by Cotton, Shires and Associates, Inc, June 14, 2023.

D-1. Phase I Environmental Site Assessment Report, prepared by ENGEO Inc., May 13, 2022; D-2. Phase II Environmental Site Assessment Report, prepared by ENGEO Inc., October 21, 2022.

E-1. Environmental Review of Construction Noise and Vibration, prepared by Salter, May 2, 2023.

E-2. Environmental Noise Assessment, prepared by Salter, November 11, 2022, F-1. Traffic Impact Study Report, prepared by TJKM, revised April 21, 2023.

F-2. Cedar/Smith Signal Warrant and Fair Share Assessment, prepared by TJKM, May 2023 F-3. Cedar Townhomes VMT Analysis Memo, prepared by TJKM, October 14, 2022.

5.2. OTHER DOCUMENTS REFERENCED

1. City of Newark General Plan, 2013 and General Plan Tune Up Draft EIR and Final EIR, 2013;

2. City Council Resolution 10,415. City of Newark. November 12, 2013.

3. State Responsibility Fire Hazard Severity Zone Maps, Office of the State Fire Marshall, accessed June 2023

4. Preliminary Stormwater Control Plan, prepared by Carlson, Barbee & Gibson, Inc., June 2, 2023;

5. FEMA FIRMette maps, FEMA, accessed June 2023.

6. Tsunami Hazard Area Map, Department of Conservation, accessed June 2023.

7. Sea Level Rise Viewer, National Oceanic and Atmospheric Administration (NOAA) Office of Coastal Management, accessed June 2023.

8. Architecture Plans, prepared by WHA, June, 2023.

9. Vesting Tentative Map For Condominium Purpose, prepared by cbg civil engineers, June, 2023.

10. Cedar Boulevard Landscape Plans, prepared by Gates+Associates, June 2023.

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6. ENVIRONMENTAL CONDITIONS OF APPROVAL
The following conditions of approval have been identified through this analysis and ensure implementation of applicable mitigation measures and policies set forth in the General Plan and its EIR. The 38600 Cedar Boulevard Residential Development Project applicant shall implement all conditions of approval as part of the Project.

AES-1: All exterior lighting shall comply with all applicable regulations in NMC §17.17.060 (Lighting and Illumination) and NMC Chapter 17.23 (Parking and Loading). All exterior lighting shall be directed on-site so as not to create glare off-site, as required by the Community Development Director.

1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.

2. All haul trucks transporting soil, sand, or other loose material off site shall be covered.

3. All visible mud or dirt tracked-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.

4. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour.

5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.

6. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

Clear signage shall be provided for construction workers at all access points.

AQ-3: The following measures shall be required to reduce toxic air contaminants (TACs) and particulate matter indoors to a level sufficient to achieve compliance with BAAQMD health risk thresholds:

2. The project applicant shall locate all air intakes as far away from Interstate 880 (I-880) as feasible.

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BIO-1: To avoid and minimize potential impacts to nesting birds including passerines and raptors, the following measures shall be implemented:

1. Grading or removal of potentially occupied habitat should be conducted outside the nesting season, which occurs between approximately February 1 to August 31.

4. 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 CDFW.

5. 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.

BIO-2: Prior to any tree removal or alteration, the applicant shall obtain a tree removal permit from the City of Newark Public Works Department and implement tree planting requirements in accordance with development review.

GEO-1 Prior to or concurrently with the first submittal of the final map and improvement plans, the applicant shall provide specific recommendations to mitigate identified seismic hazards discussed in the City’s Geotechnical Consultant’s letter dated June 14, 2023. The applicant’s Geotechnical Consultant shall submit a letter-report addressing the items identified in the June 14, 2023, letter to the City for review by the City’s Geotechnical Consultant. The applicant shall pay for all costs associated with the geotechnical peer review per the City’s Master Fee Schedule.

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GEO-2 Prior to or concurrently with the first submittal of the final map and improvement plans, the applicant shall provide specific recommendations to mitigate impacts of expansive soils on the site. The applicant’s Geotechnical Consultant shall submit a letter-report addressing expansive soils on the site, to the City for review by the City’s Geotechnical Consultant. The applicant shall pay for all costs associated with the geotechnical peer review per the City’s Master Fee Schedule.

HAZ-2: The Project applicant shall implement the following actions:

HYD-3: The Project’s development, including streets and surface improvements, shall be placed above the 100-year flood elevation as confirmed by the City Engineer.

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HYD-4: Prior to final map approval, the applicant shall apply and receive approval for a conditional letter of map revision based on fill (CLOMR- F) from the Federal Emergency Management Agency (FEMA). The CLOMR-F shall be based upon the project grading plan and shall conclude that the structures for human occupancy will be removed from the special flood hazard area (SFHA). Prior to occupancy of any buildings within the SFHA, the developer shall apply and receive approval of a letter of map revision based on fill (LOMR-F) from FEMA. On July 1, 2023, FEMA temporarily suspended the processing of CLOMR-Fs and LOMR-Fs. If, prior to final map approval, the temporary suspension of CLOMR-Fs and LOMR-Fs is still in effect, the CLOMR-F application to FEMA shall be deferred and applied for as soon as the temporary suspension is lifted. If, prior to occupancy, the temporary suspension of CLOMRFs and LOMR-Fs is still in effect, the applicant shall provide complete Elevation Certificates demonstrating that the property for occupancy is outside the Special Flood Hazard Area. Prior to tract acceptance, if the temporary suspension of CLOMR-Fs and LOMR-Fs is still in effect, the applicant shall submit the LOMR-F application package to the City or enter into a deferred agreement with the City for preparing and processing the LOMR-F application package once FEMA lifts the suspension. In either options, the cost of the preparation and fees associated with the FEMA LOMR-F application shall be paid for by the applicant.

Hydrology and hydraulic calculations shall be submitted for review and approval by the 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.

NOI-1: The following noise reduction measures will be implemented to minimize the impact of construction noise onto offsite receivers:

2. The contractor shall require properly maintained mufflers on construction vehicles.

3. To the extent feasible, stationary construction equipment and staging areas shall be located as far as possible from adjacent residences and the motel.

4. The contractor shall implement temporary noise barriers between noisy activities and adjacent residences and the motel.

6. The contractor will designate a “noise disturbance coordinator” who would be responsible for responding to any local complaints about construction noise.

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NOI-3: Exterior building assemblies shall be sound-rated to reduce environmental noise to the DNL 45 dB criterion indoors. Sound insulation ratings should be for the complete assembly, including glass and frame, and should be based on laboratory test reports of similar sized samples from a National Voluntary Laboratory Accreditation Program (NVLAP) accredited lab. Since windows will need to be closed to meet the interior noise criteria, the mechanical design should meet ventilation requirements with windows in the closed position. The building assemblies shall be reviewed and accepted to meet the aforementioned criteria during the building permit process.

NOI-5: Limit the use of the following construction equipment to the following distances from the motel building located toward the south of the Project site.

1. Large bulldozers and loaded trucks to a minimum of 50 feet.

2. Jackhammering to a minimum of 30 feet.

3. vibratory rollers to a minimum of 85 feet.

TRAN-1: 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:

For the purposes of clarity, this condition is not intended to restrict the proposed model homes.

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CARLSBAD
CLOVIS
IRVINE

LOS ANGELES

PALM SPRINGS

POINT RICHMOND

RIVERSIDE

ROSEVILLE

SAN LUIS OBISPO
2565 Alluvial Avenue, Suite 172, Clovis, California 93611 559.490.1210 www.lsa.net

MEMORANDUM
DATE: November 7, 2022
TO: Caden Proctor, Waymark Development LLC
FROM: Amy Fischer, Executive Vice President
Cara Carlucci, Associate
SUBJECT: Air Quality and Greenhouse Gas Analysis for the proposed Cedar Townhomes Project at 38600 Cedar Boulevard, Newark, California

INTRODUCTION
This Air Quality and Greenhouse Gas Emissions Analysis for the proposed Cedar Townhomes Project at 38600 Cedar Boulevard (project) in the Newark, California, has been prepared using methods and assumptions recommended by the Bay Area Air Quality Management District (BAAQMD).1,2 This analysis includes a description of the proposed project, the existing regulatory framework, an assessment of project construction and operation-period air quality and greenhouse gas (GHG) emissions, an assessment of potential health risks, and an evaluation of the project’s compliance with adopted plans related to the reduction of clean air and GHG emissions.

PROJECT DESCRIPTION
The 3.72-acre project site is located at 38600 Cedar Boulevard in the City of Newark (City), Alameda County (County), California. The project site is bound to the north by Interstate 880 (I-880), to the east by a motel, to the south by Cedar Boulevard, and to the west by commercial and industrial uses. The project site is currently developed with three existing commercial industrial buildings, totaling 34,219 square feet, and a surface parking lot.

The proposed project would include the demolition of the existing buildings and parking lot and would redevelop the project site with 76 townhome units with two garage spaces per unit for a total of 152 spaces and 38 surface parking spaces. The proposed project would also include 14,101 square feet of common open space and 7,000 square feet of private open space. In addition, the proposed project would have the following sustainability features: low flow fixtures, drought tolerant landscaping, solar, and non-potable common area irrigation water. In addition, the proposed 1 Bay Area Air Quality Management District (BAAQMD). 2017. California Environmental Quality Act, Air Quality Guidelines. May. 2
BAAQMD. 2022. Justification Report: CEQA Thresholds for Evaluating the Significance of Climate Impacts From Land Use Projects and Plans. April.

APPENDIX A
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11/7/22 (P:\CBO2201 Cedar Townhomes\Products\Cedar Townhomes AQ GHG Memo.docx) 2 project’s energy supply would be all-electric and would not include natural gas infrastructure or usage. The proposed project is expected to generate approximately 547 average daily trips.

Construction of the proposed project would begin in the fourth quarter of 2023 and would end in 2024. Construction would include demolition, grading, site preparation, building, paving, and architectural coating (painting) activities. This analysis assumes that the project site would be balanced with no import or export activities and use of Tier 3 construction equipment.

EXISTING SENSITIVE RECEPTORS IN THE PROJECT AREA
For the purposes of this analysis, sensitive receptors are areas of population that have an increased sensitivity to air pollution or environmental contaminants. Sensitive receptor locations include residences, schools, day care centers, hospitals, parks, and similar uses which are sensitive to air quality. Impacts on sensitive receptors are of particular concern because they are the population most vulnerable to the effects of air pollution. The closest receptors to the project site include single-family residences located approximately 120 feet south of the project site boundary across Cedar Boulevard. In addition, single-family residences are located approximately 270 feet north of the project site across I-880 and multi-family residential uses are located approximately 340 feet southeast of the project site along Cedar Court.

ENVIRONMENTAL SETTING
Air Quality Background
Air quality is primarily a function of both local climate, local sources of air pollution and regional pollution transport. The amount of a given pollutant in the atmosphere is determined by the amount of the pollutant released and the atmosphere’s ability to transport and dilute the pollutant.

The major determinants of transport and dilution are wind, atmospheric stability, terrain, and for photochemical pollutants, sunshine.

A region’s topographic features have a direct correlation with air pollution flow and, therefore, are used to determine the boundary of air basins. Newark is located within the San Francisco Bay Area Air Basin (Air Basin), a large shallow air basin ringed by hills that taper into a number of sheltered valleys around the perimeter. Two primary atmospheric outlets exist. One is through the strait known as the Golden Gate, a direct outlet to the Pacific Ocean. The second extends to the northeast, along the west delta region of the Sacramento and San Joaquin Rivers.

The City of Newark is within the jurisdiction of the BAAQMD, which regulates air quality in the Bay Area. Air quality conditions in the Bay Area have improved significantly since the BAAQMD was created in 1955. Ambient concentrations of air pollutants and the number of days during which the region exceeds air quality standards have fallen dramatically. Neither State nor national ambient air quality standards of the following chemicals have been violated in recent decades: nitrogen dioxide, sulfur dioxide, sulfates, lead, hydrogen sulfide, and vinyl chloride. Those exceedances of air quality standards that do occur primarily happen during meteorological conditions conducive to high pollution levels, such as cold, windless nights or hot, sunny summer afternoons.

Both State and federal governments have established health-based Ambient Air Quality Standards for six criteria air pollutants: carbon monoxide (CO), ozone (O3), nitrogen dioxide (NO2), sulfur Packet Page 279
11/7/22 (P:\CBO2201 Cedar Townhomes\Products\Cedar Townhomes AQ GHG Memo.docx) 3 dioxide (SO2), lead (Pb), and suspended particulate matter. In addition, the State has set standards for sulfates, hydrogen sulfide, vinyl chloride and visibility-reducing particles. These standards are designed to protect the health and welfare of the populace with a reasonable margin of safety. Two criteria pollutants, O3 and NO2, are considered regional pollutants because they (or their precursors) affect air quality on a regional scale. Pollutants such as CO, SO2, and Pb are considered local pollutants that tend to accumulate in the air locally. The BAAQMD is under State nonattainment status for ozone and particulate matter standards. The BAAQMD is classified as nonattainment for the federal ozone 8-hour standard and nonattainment for the federal PM2.5 24-hour standard. As such, the primary pollutants of concern in the project area are O3, CO, and PM2.5.

Because of the conservative nature of the significance thresholds, and the basin-wide context of individual development project emissions, there is no direct correlation between a single project and localized air quality-related health effects. One individual project that generates emissions exceeding a threshold does not necessarily result in adverse health effects for residents in the project vicinity. This condition is especially true when the criteria pollutants exceeding thresholds are those with regional effects, such as ozone precursors like nitrogen oxides (NOx) and reactive organic gases (ROG).

Further, by its very nature, air pollution is largely a cumulative impact. No single project is sufficient in size to by itself result in nonattainment of ambient air quality standards. Instead, a project’s individual emissions contribute to existing cumulatively significant adverse air quality impacts. If a project’s contribution to the cumulative impact is considerable, then the project’s impact on air quality would be considered significant. In developing thresholds of significance for air pollutants, the air districts have considered the emission levels for which a project’s individual emissions would be cumulatively considerable. If a project exceeds the identified significance thresholds, its emissions would be cumulatively considerable, resulting in significant adverse air quality impacts to the region’s existing air quality conditions.

Occupants of facilities such as schools, daycare centers, parks and playgrounds, hospitals, and nursing and convalescent homes are considered to be more sensitive than the general public to air pollutants because these population groups have increased susceptibility to respiratory disease.

Persons engaged in strenuous work or exercise also have increased sensitivity to poor air quality.

Residential areas are considered more sensitive to air quality conditions, compared to commercial and industrial areas, because people generally spend longer periods of time at their residences, with greater associated exposure to ambient air quality conditions. Recreational uses are also considered sensitive compared to commercial and industrial uses due to greater exposure to ambient air quality conditions associated with exercise. These populations are referred to as sensitive receptors.

Greenhouse Gas and Global Climate Change Background
Greenhouse gases (GHGs) are present in the atmosphere naturally, are released by natural sources, or are formed from secondary reactions taking place in the atmosphere. The gases that are widely seen as the principal contributors to human-induced global climate change are:
• Carbon dioxide (CO2);
• Methane (CH4);
• Nitrous oxide (N2O);
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• Perfluorocarbons (PFCs); and
• Sulfur Hexafluoride (SF6).

Over the last 200 years, humans have caused substantial quantities of GHGs to be released into the atmosphere. These extra emissions are increasing GHG concentrations in the atmosphere and enhancing the natural greenhouse effect, which is believed to be causing global warming. While manmade GHGs include naturally occurring GHGs such as CO2, CH4, and N2O, some gases, like HFCs, PFCs, and SF6 are completely new to the atmosphere.

Certain gases, such as water vapor, are short-lived in the atmosphere. Others remain in the atmosphere for significant periods of time, contributing to climate change in the long term. Water vapor is excluded from the list of GHGs above because it is short-lived in the atmosphere and its atmospheric concentrations are largely determined by natural processes, such as oceanic evaporation.

These gases vary considerably in terms of Global Warming Potential (GWP), which is a concept developed to compare the ability of each GHG to trap heat in the atmosphere relative to another gas. The GWP is based on several factors, including the relative effectiveness of a gas to absorb infrared radiation and length of time that the gas remains in the atmosphere (“atmospheric lifetime”). The GWP of each gas is measured relative to CO2, the most abundant GHG; the definition of GWP for a particular GHG is the ratio of heat trapped by one unit mass of the GHG to the ratio of heat trapped by one unit mass of CO2 over a specified time period. GHG emissions are typically measured in terms of pounds or tons of “CO2 equivalents” (CO2e).

REGULATORY FRAMEWORK
This section provides regulatory background information for air quality and GHGs.

Air Quality
Federal Regulations
The 1970 Federal Clean Air Act (CAA) authorized the establishment of national health-based air quality standards and set deadlines for their attainment. The CAA Amendments of 1990 changed deadlines for attaining national standards as well as the remedial actions required for areas of the nation that exceed the standards. Under the CAA, State and local agencies in areas that exceed the national standards are required to develop State Implementation Plans to demonstrate how they will achieve the national standards by specified dates.

State Regulations
In 1988, the California Clean Air Act (CCAA) required that all air districts in the State endeavor to achieve and maintain California Ambient Air Quality Standards (CAAQS) for CO, O3, sulfur dioxide (SO2), and nitrogen dioxide (NO2) by the earliest practical date. The CCAA provides districts with authority to regulate indirect sources and mandates that air quality districts focus particular attention on reducing emissions from transportation and area-wide emission sources. Each nonattainment district is required to adopt a plan to achieve a 5 percent annual reduction, averaged Packet Page 281
11/7/22 (P:\CBO2201 Cedar Townhomes\Products\Cedar Townhomes AQ GHG Memo.docx) 5 over consecutive 3-year periods, in district-wide emissions of each nonattainment pollutant or its precursors. A Clean Air Plan shows how a district would reduce emissions to achieve air quality standards. Generally, the State standards for these pollutants are more stringent than the national standards.

The CARB is the State’s “clean air agency.” The CARB’s goals are to attain and maintain healthy air quality, protect the public from exposure to toxic air contaminants, and oversee compliance with air pollution rules and regulations.

Regional Regulations
The BAAQMD seeks to attain and maintain air quality conditions in the San Francisco Bay Area Air Basin through a comprehensive program of planning, regulation, enforcement, technical innovation, and education. The clean air strategy includes the preparation of plans for the attainment of ambient air quality standards, adoption and enforcement of rules and regulations, and issuance of permits for stationary sources. The BAAQMD also inspects stationary sources and responds to citizen complaints, monitors ambient air quality and meteorological conditions, and implements programs and regulations required by law.

Clean Air Plan. The Clean Air Plan guides the region’s air quality planning efforts to attain the CAAQS.1 The BAAQMD 2017 Clean Air Plan, which was adopted on April 19, 2017, by the BAAQMD Board of Directors, is the current Clean Air Plan which contains district-wide control measures to reduce ozone precursor emissions (e.g., ROG and NOx), particulate matter and greenhouse gas (GHG) emissions.

The Bay Area 2017 Clean Air Plan:
• Describes the BAAQMD plan towards attaining all State and federal air quality standards and eliminating health risk disparities from exposure to air pollution among Bay Area communities; • Defines a vision for transitioning the region to a post-carbon economy needed to achieve ambitious GHG reduction targets for 2030 and 2050;
• Provides a regional climate protection strategy that will put the Bay Area on a pathway to achieve GHG reduction targets; and
• Includes a wide range of control measures designed to decrease emissions of air pollutants that are most harmful to Bay Area residents, such as particulate matter, ozone, and toxic air contaminants; to reduce emissions of methane and other “Super-GHGs” that are potent climate pollutants in the near term; and to decrease emissions of carbon dioxide by reducing fossil fuel combustion.
1 Bay Area Air Quality Management District (BAAQMD). 2017. Final 2017 Clean Air Plan. April 19, 2017.

Website: www.baaqmd.gov/~/media/files/planning-and-research/plans/2017-clean-air-plan/attachmenta_-proposed-final-cap-vol-1-pdf.pdf?la=en (accessed October 2022).

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The guidelines provide recommended procedures for evaluating potential air impacts during the environmental review process, consistent with CEQA requirements, and include recommended thresholds of significance, mitigation measures, and background air quality information. They also include recommended assessment methodologies for air toxics, odors, and GHG emissions.

In May 2017, the BAAQMD published an updated version of the CEQA Guidelines. The BAAQMD CEQA Guidelines include thresholds to evaluate project impacts in order to protectively evaluate the potential effects of the project on air quality. These protective thresholds are appropriate in the context of the size, scale, and location of the proposed project.

Local Regulations
The Health and Wellness Element of the City of Newark General Plan1 includes air quality policies and implementation measures that focus on air quality that meets state and federal standards and provides improved respiratory health for Newark residents. The following goals and policies are applicable to the proposed project:
• Policy HW1.2. Land Use, Transportation, and Air Quality. Make land use and transportation decisions that reduce tailpipe emissions, including promotion of walking and bicycling, improvements to public transportation, and a jobs-housing balance that reduces vehicle commute miles, higher density development and mixed commercial and residential uses should be permitted near the proposed Dumbarton Rail Station, and in other areas where high frequency transit service is proposed.
• Policy HW1.3. Reducing Exposure to Air Pollution in New Development. Use site planning and architectural design to reduce potential exposure of sensitive uses to major air pollution sources including freeways and industrial activities.
• Policy HW1.4. Evaluation of Air Quality Impacts. Evaluate air quality impacts during the local development review process. Development should be located and regulated to minimize significant air quality related health risks.
• Policy HW1.5. Cleaner Fuels. Encourage the use of cleaner burning fuels and low emission vehicles.

Greenhouse Gas Emissions
This section describes regulations related to global climate change at the federal, State, and local level.
1 Newark, City of. 2013. City of Newark General Plan, Health and Wellness Element. December. Website:
https://www.newark.org/home/showpublisheddocument/76/636502245500200000 (accessed October 2022).

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The United States has historically had a voluntary approach to reducing GHG emissions. However, on April 2, 2007, the United States Supreme Court ruled that the EPA has the authority to regulate CO2 emissions under the CAA.

While there currently are no adopted federal regulations for the control or reduction of GHG emissions, the EPA commenced several actions in 2009 to implement a regulatory approach to global climate change, including the 2009 EPA final rule for mandatory reporting of GHGs from large GHG emission sources in the United States. Additionally, the EPA Administrator signed an endangerment finding action in 2009 under the CAA, finding that seven GHGs (CO2, CH4, N2O, HFCs, NF3, PFCs, and SF6) constitute a threat to public health and welfare, and that the combined emissions from motor vehicles cause and contribute to global climate change, leading to national GHG emission standards.

State Regulations
The CARB is the lead agency for implementing climate change regulations in the State. Since its formation, the CARB has worked with the public, the business sector, and local governments to find solutions to California’s air pollution problems. Key efforts by the State are described below.

Assembly Bill 32 (2006), California Global Warming Solutions Act. California’s major initiative for reducing GHG emissions is Assembly Bill (AB) 32, passed by the State legislature on August 31, 2006.

This effort set a GHG emission reduction target to reduce GHG emissions to 1990 levels by 2020. The CARB has established the level of GHG emissions in 1990 at 427 million metric tons (MMT) CO2e. The emissions target of 427 MMT requires the reduction of 169 MMT from the State’s projected business-as-usual 2020 emissions of 596 MMT. AB 32 requires the CARB to prepare a Scoping Plan that outlines the main State strategies for meeting the 2020 deadline and to reduce GHGs that contribute to global climate change. The CARB approved the Scoping Plan on December 11, 2008. It contains the main strategies California will implement to achieve the reduction of approximately 169 MMT of CO2e, or approximately 30 percent, from the State’s projected 2020 emission level of 596 MMT of CO2e under a business-as-usual scenario (this is a reduction of 42 MMT CO2e, or almost 10 percent from 2002–2004 average emissions). The Scoping Plan also includes CARB-recommended GHG reductions for each emissions sector of the State’s GHG inventory. The Scoping Plan calls for the largest reductions in GHG emissions to be achieved by implementing the following measures and standards:
• Improved emissions standards for light-duty vehicles (estimated reduction of 31.7 MMT CO2e); • The Low-Carbon Fuel Standard (15.0 MMT CO2e);
• Energy efficiency measures in buildings and appliances and the widespread development of combined heat and power systems (26.3 MMT CO2e); and
• A renewable portfolio standard for electricity production (21.3 MMT CO2e).

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On August 24, 2011, the CARB unanimously approved both the new supplemental assessment and reapproved its Scoping Plan, which provides the overall roadmap and rule measures to carry out AB

32. The CARB also approved a more robust CEQA equivalent document supporting the supplemental analysis of the cap-and-trade program. The cap-and-trade took effect on January 1, 2012, with an enforceable compliance obligation that began January 1, 2013.

The CARB approved the First Update to the Climate Change Scoping Plan on May 22, 2014. The First Update identifies opportunities to leverage existing and new funds to further drive GHG emission reductions through strategic planning and targeted low carbon investments. The First Update defines CARB climate change priorities until 2020 and sets the groundwork to reach long-term goals set forth in Executive Orders (EOs) S-3-05 and B-16-2012. The Update highlights California’s progress toward meeting the “near-term” 2020 GHG emission reduction goals as defined in the initial Scoping Plan. It also evaluates how to align the State’s “longer-term” GHG reduction strategies with other State policy priorities for water, waste, natural resources, clean energy, transportation, and land use. The CARB released a second update to the Scoping Plan, the 2017 Scoping Plan,1 to reflect the 2030 target set by EO B-30-15 and codified by Senate Bill (SB) 32.

CARB is currently working on an update to the 2017 Scoping Plan, which will be released this year.

The 2022 Scoping Plan Update will assess progress towards achieving the SB 32 2030 target and lay out a path to achieve carbon neutrality no later than 2045.

Senate Bill 375 (2008). Signed into law on October 1, 2008, SB 375 supplements GHG reductions from new vehicle technology and fuel standards with reductions from more efficient land use patterns and improved transportation. Under the law, the CARB approved GHG reduction targets in February 2011 for California’s 18 federally designated regional planning bodies, known as Metropolitan Planning Organizations (MPOs). The CARB may update the targets every four years and must update them every eight years. MPOs, in turn, must demonstrate how their plans, policies and transportation investments meet the targets set by the CARB through Sustainable Community Strategies (SCS). The SCSs are included with the Regional Transportation Plan, a report required by State law. However, if an MPO finds that its SCS will not meet the GHG reduction target, it may prepare an Alternative Planning Strategy (APS). The APS identifies the impediments to achieving the targets.

Executive Order B-30-15 (2015). Governor Jerry Brown signed EO B-30-15 on April 29, 2015, which added the immediate target of:
1 California Air Resources Board CARB). 2017. California’s 2017 Climate Change Scoping Plan. November.

Website: ww2.arb.ca.gov/sites/default/files/classic/cc/scopingplan/scoping_plan_2017.pdf (accessed July 2022).

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All State agencies with jurisdiction over sources of GHG emissions were directed to implement measures to achieve reductions of GHG emissions to meet the 2030 and 2050 targets. The CARB was directed to update the AB 32 Scoping Plan to reflect the 2030 target, and, therefore, is moving forward with the update process. The mid-term target is critical to help frame the suite of policy measures, regulations, planning efforts, and investments in clean technologies and infrastructure needed to continue reducing emissions.

Senate Bill 350 (2015) Clean Energy and Pollution Reduction Act. SB 350, signed by Governor Jerry Brown on October 7, 2015, updates and enhances AB 32 by introducing the following set of objectives in clean energy, clean air, and pollution reduction for 2030:
• Raise California’s renewable portfolio standard from 33 percent to 50 percent; and • Increase energy efficiency in buildings by 50 percent by the year 2030.

The 50 percent renewable energy standard will be implemented by the California Public Utilities Commission (CPUC) for the private utilities and by the California Energy Commission (CEC) for municipal utilities. Each utility must submit a procurement plan showing it will purchase clean energy to displace other nonrenewable resources. The 50 percent increase in energy efficiency in buildings must be achieved through the use of existing energy efficiency retrofit funding and regulatory tools already available to State energy agencies under existing law. The addition made by this legislation requires State energy agencies to plan for and implement those programs in a manner that achieves the energy efficiency target.

Senate Bill 32, California Global Warming Solutions Act of 2016, and Assembly Bill 197. In summer 2016, the Legislature passed and the Governor signed SB 32 and AB 197. SB 32 affirms the importance of addressing climate change by codifying into statute the GHG emissions reductions target of at least 40 percent below 1990 levels by 2030 contained in Governor Brown’s April 2015 EO B-30-15. SB 32 builds on AB 32 and keeps us on the path toward achieving the State’s 2050 objective of reducing emissions to 80 percent below 1990 levels, consistent with an Intergovernmental Panel on Climate Change analysis of the emission trajectory that would stabilize atmospheric GHG concentrations at 450 parts per million CO2e and reduce the likelihood of catastrophic impacts from climate change.

The companion bill to SB 32, AB 197, provides additional direction to the CARB related to the adoption of strategies to reduce GHG emissions. Additional direction in AB 197 meant to provide easier public access to air pollutant emissions data that are collected by the CARB was posted in December 2016.

Senate Bill 100. On September 10, 2018, Governor Brown signed SB 100, which raises California’s renewable portfolio standard requirements to 60 percent by 2030, with interim targets, and 100 percent by 2045. The bill also establishes a State policy that eligible renewable energy resources and zero-carbon resources supply 100 percent of all retail sales of electricity to California end-use customers and 100 percent of electricity procured to serve all State agencies by December 31, 2045.

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11/7/22 (P:\CBO2201 Cedar Townhomes\Products\Cedar Townhomes AQ GHG Memo.docx) 10 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.

Executive Order B-55-18. EO B-55-18, signed September 10, 2018, sets a goal “to achieve carbon neutrality as soon as possible, and no later than 2045, and achieve and maintain net negative emissions thereafter.” EO B-55-18 directs the CARB to work with relevant State agencies to ensure future Scoping Plans identify and recommend measures to achieve the carbon neutrality goal. The goal of carbon neutrality by 2045 is in addition to other statewide goals, meaning not only should emissions be reduced to 80 percent below 1990 levels by 2050, but that, by no later than 2045, the remaining emissions be offset by equivalent net removals of CO2e from the atmosphere, including through sequestration in forests, soils, and other natural landscapes.

Regional Regulations
The BAAQMD is the regional government agency that regulates sources of air pollution within the nine Bay Area counties.

BAAQMD’s Justification Report: CEQA Thresholds for Evaluating the Significance of Climate Impacts from Land Use Projects and Plans. In April 2022, the BAAQMD adopted the Justification Report: CEQA Thresholds for Evaluating the Significance of Climate Impacts from Land Use Projects and Plans1 document which incorporates updated GHG significance thresholds. The BAAQMD recommends these thresholds of significance for use in determining whether a proposed project will have a significant impact related to climate change. These thresholds evaluate a project based on its effect on California’s efforts to meet the State’s long-term climate goals. Applying this approach, the BAAQMD identifies and provides supporting documentation, outlining the requirements for new land use development projects necessary to achieve California’s long-term climate goal of carbon neutrality by 2045. Based on their analysis, the BAAQMD found that new land use development projects need to incorporate design elements to do its “fair share” to implement the goal of carbon neutrality by 2045. If a project is designed and built to incorporate the identified design elements, then it will contribute its portion of what is necessary to achieve California’s long-term climate goals—its “fair share”—and an agency reviewing the project under CEQA can conclude that the project will not make a cumulatively considerable contribution to global climate change. The document concludes that if a project does not incorporate these design elements, then it should be found to make a significant climate impact because it will hinder California’s efforts to address climate change.

Local Regulations
The City of Newark has prepared a Climate Action Plan (CAP).2 The CAP is a comprehensive planning document outlining the City’s proposed approach to reduce Newark’s impact on the climate by reducing GHG emissions. The vision of the CAP is to lower GHG emissions, reduce energy costs, protect air quality and improve the economy and the environment. The CAP includes a roadmap for implementing new polices, programs, incentives, requirements, projects, and initiatives in the 1 BAAQMD, 2022. Op.cit. 2
Newark, City of. 2010. City of Newark Climate Action Plan. January. Website: https://www.newark.org/ home/showpublisheddocument/328/636502463456000000 (accessed October 2022).

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The CAP includes action items to be implemented by the City, individual residential households, and businesses.

METHODOLOGY
Construction Emissions
Construction activities can generate a substantial amount of air pollution. Construction activities are considered temporary; however, short-term impacts can contribute to exceedances of air quality standards. Construction activities include demolition, site preparation, earthmoving, and general construction. The emissions generated from these common construction activities include fugitive dust from soil disturbance, fuel combustion from mobile heavy-duty diesel- and gasoline-powered equipment, portable auxiliary equipment, and worker commute trips. The California Emissions Estimator Model (CalEEMod) Version 2020.4.0 computer program was used to calculate emissions from on-site construction equipment and emissions from worker and vehicle trips to the site.

Construction of the proposed project would begin in the fourth quarter of 2023 and would end in 2024. Construction would include demolition, grading, site preparation, building, paving, and architectural coating (painting) activities. The proposed project would demolish the existing uses, which was included in CalEEMod. This analysis assumes that the project site would be balanced with no import or export activities and use of Tier 3 construction equipment, which was also included in CalEEMod. Other detailed construction information is currently unavailable; therefore, this analysis uses CalEEMod default assumptions.

Construction Health Risk Assessment
A construction health risk assessment (HRA), which evaluates construction-period health risk to offsite receptors, was performed for the proposed project, and the analysis is presented below. To estimate the potential cancer risk associated with construction of the proposed project from equipment exhaust (including diesel particulate matter), a dispersion model was used to translate an emission rate from the source location to a concentration at the receptor location of interest (i.e., a nearby residence and worksites). Dispersion modeling varies from a simpler, more conservative screening-level analysis to a more complex and refined detailed analysis. This refined assessment was conducted using the CARB exposure methodology with the air dispersion modeling performed using the EPA dispersion model AERMOD. The model provides a detailed estimate of exhaust concentrations based on site and source geometry, source emissions strength, distance from the source to the receptor, and meteorological data.

Operational Emissions
This air quality analysis includes estimating emissions associated with long-term operation of the project. Indirect emissions of criteria pollutants with regional impacts would be emitted by projectgenerated vehicle trips. In addition, localized air quality impacts (i.e., higher carbon monoxide concentrations or “hot-spots”) near intersections or roadway segments in the project vicinity would also potentially occur due to project-generated vehicle trips.

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11/7/22 (P:\CBO2201 Cedar Townhomes\Products\Cedar Townhomes AQ GHG Memo.docx) 12 Consistent with BAAQMD’s guidance for estimating emissions, the CalEEMod computer program was used to calculate the long-term operational emissions associated with the project. The analysis was conducted using land use codes Condo/Townhouse, Parking Lot, and City Park. The proposed project is expected to generate approximately 547 average daily trips, which was included in CalEEMod. In addition, the proposed project would be all-electric and would not include natural gas and would have the following sustainability features: low flow fixtures, drought tolerant landscaping, solar, and non-potable common area irrigation water. Where project-specific data were not available, default assumptions (e.g., energy usage, water usage, and solid waste generation) from CalEEMod were used to estimate project emissions. CalEEMod output sheets are included in Attachment A.

Operational Health Risk Assessment
To determine health risks associated with the proposed project to on-site receptors, an HRA was conducted for the proposed project based on three current guidance documents: (1) the California USEPA Air Toxics Hot Spots Program Risk Assessment Guidelines;1 (2) The California Air Pollution Control Officers Association’s (CAPCOA) Health Risk Assessment for Proposed Land Use Projects; 2 and (3) the BAAQMD Recommended Methods for Screening and Modeling Local Risks and Hazards.3 The BAAQMD document was released in May 2012 with the purpose of assisting lead agencies in conducting a risk and hazard analysis as part of the environmental review process for proposed land use projects, and it provides Bay Area-specific guidance on how to screen projects and provides specific inputs for HRA modeling. The analysis consists of several steps: determine the PM10 emission factor, determine source emission rates, and determine concentrations at the project site; translate the PM10 concentrations into health risk values; and compare the health risk values to the BAAQMD’s thresholds to determine significance.

The project site is located near several sources of mobile toxic air contaminants (TACs) associated with vehicles on I-880, which was evaluated in the operational HRA. Annual traffic data obtained from the California Department of Transportation (Caltrans) were used as an input to the model for the evaluation of I-880.4 According to Caltrans, the total annual average daily traffic (AADT) along I880 near the project site is 190,000, of which 5.4 percent is trucks.

The BAAQMD requires that age sensitivity be included when assessing exposure to sensitive receptors. For long-term exposure, OEHHA recommends that an age sensitivity factor (ASF) of 1.7 be applied when estimating long-term exposure or 70-year-lifetime cancer risk. The exposure 1 California Environmental Protection Agency (CalEPA). 2003. Air Toxics Hot Spots Program Risk Assessment Guidelines. August. 2
California Air Pollution Control Officers Association (CAPCOA). 2009. Health Risk Assessment for Proposed Land Use Projects. July. 3
Bay Area Air Quality Management District (BAAQMD). 2016. Air Toxics NSR Program Health Risk Assessment (HRA) Guidelines. January. Website: www.baaqmd.gov/~/media/files/planning-and-research/ rules-and-regs/workshops/2016/reg-2-5/hra-guidelines_clean_jan_2016-pdf.pdf?la=en (accessed May 2021). 4
California Department of Transportation (Caltrans). 2020. Traffic Volumes on California State Highways.

Website: https://dot.ca.gov/programs/traffic-operations/census (accessed October 2022).

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Emission factors for vehicle emissions were determined using the CARB’s EMFAC2021. EMFAC2021 includes assumptions of technological and regulatory changes that will reduce emission rates over time. The model only allows for a single emission rate for the entire 70-year health risk evaluation period. Therefore, a worst-case set of emission factors from the year 2023 was used to represent the long-term 70-year evaluation period.

The emission rates by total AADT and the average speed, along with the classification of the total AADT into 13 vehicle-type categories, and the corresponding total emissions for that volume of vehicles at the average speed (5-70 miles per hour), are provided in Appendix B. For the purpose of this assessment, it is assumed that the traffic volumes are constant throughout the year. The PM10 emission rates used in the analysis were determined based on the vehicle distribution by type according to the Caltrans traffic data for I-880. For purposes of this analysis, diesel vehicle exhaust was modeled as a 10-lane highway with 85 volume sources for each lane located along I-880.

LSA also evaluated the project vicinity for potential sources of stationary emissions. To assess the potential risk from stationary sources, LSA used the latest BAAQMD Stationary Source Screening Analysis Tool which uses Google Earth to plot the location coordinates of stationary emission sources such as gas stations, diesel emergency generators, and incinerators. Health risk data is provided for each facility. Google Earth's measurement tool is used to determine the distance from the emission source to the location of the sensitive receptor.

Greenhouse Gas Emissions
GHG emissions associated with the project would occur over the short-term from construction activities, consisting primarily of emissions from equipment exhaust. There would also be long-term GHG emissions associated with project-related area sources, energy consumption, water conveyance and treatment, and waste generation.

THRESHOLDS OF SIGNIFICANCE
The State CEQA Guidelines indicate that a project would normally have a significant adverse air quality impact if project-generated pollutant emissions would:
• Conflict with or obstruct implementation of the applicable air quality plan; • Result in a cumulatively considerable net increase of any criteria pollutant for which the project is nonattainment under an applicable federal or state ambient air quality standard; • Expose sensitive receptors to substantial pollutant concentrations; or • Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people.

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• Contribute to CO concentrations exceeding the State ambient air quality standards; • Generate average daily construction emissions of ROG, NOx or PM2.5 (exhaust) greater than 54 pounds per day or PM10 [particulate matter 10 microns or less in diameter] exhaust emissions greater than 82 pounds per day;
• Generate operational emissions of ROG, NOx or PM2.5 of greater than 10 tons per year or 54 pounds per day or PM10 emissions greater than 15 tons per year or 82 pounds per day; or • Exceed a cancer risk level of more than 10 in one million, a non-cancer risk (i.e., chronic or acute) hazard index greater than 1.0, or result in incremental increase of greater than 0.3 micrograms per cubic meter annual average PM2.5.

The State CEQA Guidelines indicate that a project would normally have a significant adverse GHG emission impact if the project would:
• Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment; or
• Conflict with an applicable plan, policy or regulation adopted for the purpose of reduction the emissions of greenhouse gases.

According to the April 2022 BAAQMD Justification Report: CEQA Thresholds for Evaluating the Significance of Climate Impacts From Land Use Projects and Plans, a project would have a less than significant impact related to GHG emissions if it would:
a. 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 electrical usage as determined by the analysis required 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:

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1. Residential projects: 15 percent below the existing VMT per capita

2. Office projects: 15 percent below the existing VMT per employee

3. 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. Or be consistent with a local GHG reduction strategy that meets the criteria under State CEQA Guidelines Section 15183.5(b).

PROJECT IMPACTS
The sections below describe the proposed project’s consistency with applicable air quality plans, estimated project emissions, and the significance of impacts for both air quality and GHG emissions with respect to BAAQMD thresholds.

Air Quality
Consistency with Applicable Air Quality Plans
The applicable air quality plan is the BAAQMD 2017 Clean Air Plan, which defines control strategies to reduce emissions and ambient concentrations of air pollutants; safeguard public health by reducing exposure to air pollutants that pose the greatest heath risk, with an emphasis on protecting the communities most heavily affected by air pollution; and reduce GHG emissions to protect the climate. Consistency with the Clean Air Plan can be determined if the project: (1) supports the goals of the Clean Air Plan, (2) includes applicable control measures from the Clean Air Plan, and (3) would not disrupt or hinder implementation of any control measures from the Clean Air Plan.

Clean Air Plan Goals. The primary goals of the Bay Area Clean Air Plan are to attain air quality standards, reduce population exposure and protect public health in the Bay Area, and reduce GHG emissions and protect the climate.

The BAAQMD has established significance thresholds for project construction and operational impacts at a level at which the cumulative impact of exceeding these thresholds would have an adverse impact on the region’s attainment of air quality standards. The health and hazards thresholds were established to help protect public health. As discussed below, construction and operation of the proposed project would not result in the generation of criteria air pollutants that would exceed BAAQMD thresholds of significance. Therefore, the proposed project would not conflict with the Clean Air Plan goals.

Clean Air Plan Control Measures. The control strategies of the Clean Air Plan include measures in the following categories: Stationary Source Measures, Transportation Measures, Energy Measures, Building Measures, Agriculture Measures, Natural and Working Lands Measures, Waste Management Measures, Water Measures, and Super-GHG Pollutants Measures. The proposed project’s compliance with each of these control measures is discussed below.

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11/7/22 (P:\CBO2201 Cedar Townhomes\Products\Cedar Townhomes AQ GHG Memo.docx) 16 Stationary Source Control Measures. The Stationary Source Control Measures, which are designed to reduce emissions from stationary sources such as metal melting facilities, cement kilns, refineries, and glass furnaces, are incorporated into rules adopted by the BAAQMD and then enforced by the BAAQMD Permit and Inspection programs. Since the proposed project would not include any of these stationary sources, the Stationary Source Control Measures of the Clean Air Plan are not applicable to the proposed project.

Transportation Control Measures. The BAAQMD identifies Transportation Control Measures as part of the Clean Air Plan to decrease emissions of criteria pollutants, TACs, and GHGs by reducing demand for motor vehicle travel, promoting efficient vehicles and transit service, decarbonizing transportation fuels, and electrifying motor vehicles and equipment. The proposed project would result in the redevelopment of the site with residential uses on an infill site that would locate residents near existing residential, commercial, and retail uses, reducing the demand for travel by single-occupancy vehicles. Therefore, the proposed project would not conflict with the identified Transportation and Mobile Source Control Measures of the Clean Air Plan.

Energy Control Measures. The Clean Air Plan also includes Energy Control Measures, which are designed to reduce emissions of criteria air pollutants, TACs, and GHGs by decreasing the amount of electricity consumed in the Bay Area and decreasing the carbon intensity of the electricity used by switching to less GHG-intensive fuel sources for electricity generation. Since these measures apply to electrical utility providers and local government agencies (and not individual projects), the energy control measures of the Clean Air Plan are not applicable to the proposed project.

Building Control Measures. The BAAQMD has authority to regulate emissions from certain sources in buildings such as boilers and water heaters but has limited authority to regulate buildings themselves. Therefore, the strategies in the control measures for this sector focus on working with local governments that do have authority over local building codes, to facilitate adoption of best GHG control practices and policies. The proposed project would be required to comply with the latest Title 24 standards of the California Code of Regulations, regarding energy conservation and green building standards. In addition, the proposed project would be allelectric and would not include natural gas and would include solar. Therefore, the proposed project would not conflict with any of the Building Control Measures.

Agriculture Control Measures. The Agriculture Control Measures are designed to primarily reduce emissions of methane. Since the project does not include any agricultural activities, the Agriculture Control Measures of the Clean Air Plan are not applicable to the proposed project.

Natural and Working Lands Control Measures. The Natural and Working Lands Control Measures focus on increasing carbon sequestration on rangelands and wetlands and encouraging local governments to adopt ordinances that promote urban tree plantings. Since the proposed project does not include the disturbance of any rangelands or wetlands, the Natural and Working Lands Control Measures of the Clean Air Plan are not applicable to the proposed project.

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Water Control Measures. The Water Control Measures focus on reducing emissions of criteria pollutants, TACs, and GHGs by encouraging water conservation, limiting GHG emissions from publicly owned treatment works (POTW), and promoting the use of biogas recovery systems.

Since these measures apply to POTWs and local government agencies (and not individual projects), the Water Control Measures are not applicable to the proposed project.

Super GHG Control Measures. The Super-GHG Control Measures are designed to facilitate the adoption of best GHG control practices and policies through the BAAQMD and local government agencies. Since these measures do not apply to individual projects, the Super-GHG Control Measures are not applicable to the proposed project.

Clean Air Plan Implementation. As discussed above, the proposed project would generally implement the applicable measures outlined in the Clean Air Plan, including Transportation Control Measures. Therefore, the project would not disrupt or hinder implementation of a control measure from the Clean Air Plan.

Criteria Pollutant Analysis
The BAAQMD is currently designated as a nonattainment area for State and national O3 standards and national particulate matter ambient air quality standards. The BAAQMD’s nonattainment status is attributed to the region’s development history. Past, present, and future development projects contribute to the region’s adverse air quality impacts on a cumulative basis. By its very nature, air pollution is largely a cumulative impact. No single project is sufficient in size to, by itself, result in nonattainment of ambient air quality standards. Instead, a project’s individual emissions contribute to existing cumulatively significant adverse air quality impacts. If a project’s contribution to the cumulative impact is considerable, then the project’s impact on air quality would be considered significant.

In developing thresholds of significance for air pollutants, the BAAQMD considered the emission levels for which a project’s individual emissions would be cumulatively considerable. If a project exceeds the identified significance thresholds, its emissions would be cumulatively considerable, resulting in significant adverse air quality impacts to the region’s existing air quality conditions.

Therefore, additional analysis to assess cumulative impacts is unnecessary. The following analysis assesses the potential project-level construction- and operation-related air quality impacts.

Short-Term Construction Emissions. During construction, short-term degradation of air quality may occur due to the release of particulate emissions generated by demolition, grading, building, paving, and other activities. Emissions from construction equipment are also anticipated and would include CO, NOx, ROG, directly emitted particulate matter (PM2.5 and PM10), and TACs such as diesel exhaust particulate matter.

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11/7/22 (P:\CBO2201 Cedar Townhomes\Products\Cedar Townhomes AQ GHG Memo.docx) 18 Project construction activities would include demolition, site preparation, grading, building, paving, and architectural coating (painting). Construction-related effects on air quality from the proposed project would be greatest during the site preparation phase due to the disturbance of soils. If not properly controlled, these activities would temporarily generate particulate emissions. Sources of fugitive dust would include disturbed soils at the construction site. Unless properly controlled, vehicles leaving the site would deposit dirt and mud on local streets, which could be an additional source of airborne dust after it dries. PM10 emissions would vary from day to day, depending on the nature and magnitude of construction activity and local weather conditions. PM10 emissions would depend on soil moisture, silt content of soil, wind speed, and the amount of operating equipment.

Larger dust particles would settle near the source, while fine particles would be dispersed over greater distances from the construction site.

Water or other soil stabilizers can be used to control dust, resulting in emission reductions of 50 percent or more. The BAAQMD has established standard measures for reducing fugitive dust emissions (PM10). With the implementation of these Basic Construction Mitigation Measures, fugitive dust emissions from construction activities would not result in adverse air quality impacts.

In addition to dust-related PM10 emissions, heavy trucks and construction equipment powered by gasoline and diesel engines would generate CO, SO2, NOx, ROG, and some soot particulate (PM2.5 and PM10) in exhaust emissions. If construction activities were to increase traffic congestion in the area, CO and other emissions from traffic would increase slightly while those vehicles idle in traffic. These emissions would be temporary in nature and limited to the immediate area surrounding the construction site.

As discussed above, CalEEMod was used to calculate emissions from on-site construction equipment and emissions from worker and vehicle trips to the site. Construction-related emissions are presented in Table A, below.

Table A: Project Construction Emissions (in Pounds Per Day) Project Construction ROG NOX
Exhaust
PM10
Fugitive
Dust PM10
Exhaust
PM2.5
Fugitive
Dust PM2.5
Average Daily Emissions 3.2 10.1 0.6 0.6 0.6 0.2
BAAQMD Thresholds 54.0 54.0 82.0 BMP 54.0 BMP
Exceeds Threshold? No No No No No No
Source: Compiled by LSA (October 2022).

BAAQMD = Bay Area Air Quality Management District
BMP = best management practices
NOX = nitrogen oxides
PM2.5 = particulate matter 2.5 microns or less in diameter PM10 = particulate matter 10 microns or less in diameter ROG = reactive organic gases
As shown in Table A, construction emissions associated with the project would not exceed the BAAQMD’s thresholds for ROG, NOx, CO, exhaust PM10, and exhaust PM2.5 emissions. In addition to the construction period thresholds of significance, the BAAQMD requires the implementation of Basic Construction Mitigation Measures to reduce construction fugitive dust impacts to a less than significant level. Implementation of Mitigation Measure AIR-1 would ensure that the proposed Packet Page 295
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Mitigation Measure AIR-1 Consistent with the Bay Area Air Quality Management District (BAAQMD) Basic Construction Mitigation Measures, the following controls are required to be included as specifications for the proposed project and implemented at the construction site:
• All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
• All haul trucks transporting soil, sand, or other loose material off site shall be covered.
• All visible mud or dirt tracked-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. • All vehicle speeds on unpaved roads shall be limited to 15 miles per hour.
• All roadways, 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.
• 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]). Clear signage shall be provided for construction workers at all access points.
• All construction equipment shall be maintained and properly tuned in accordance with manufacturers’ specifications. All equipment shall be checked by a certified mechanic and
determined to be running in proper condition prior to
operation.
• A publicly-visible sign shall be posted with the telephone number and person to contact at the City of Newark regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD's phone number shall also be visible to ensure compliance with applicable regulations.

Newark City CouncilSeptember 14, 2023

Newark City Council
September 14, 2023