Agenda packet — Newark City Council, December 11, 2025 (part 4 of 5)

MOWRY VILLAGE PROJECT

CONDITIONS OF APPROVAL

PLANNING DIVISION

1. The project shall be subject to all applicable environmental mitigation measures as included in Mitigation Monitoring Reporting Program (Exhibit TBD) which are incorporated herein by reference.

2. The project shall comply with the amended version of the Newark Areas 3 and 4 Specific Plan. Any standards not addressed by the Specific Plan shall default to the current Zoning Ordinance.

3. To prepare for the unlikely event that the principal access to the Project site is impeded in a way that affects public safety response for a long period of time, the City requires an alternative route for public safety personnel to access the Project.

The City and the Developer have currently identified a route across an adjacent property located at APNs 537-0751-012-03, 537-0751-017-00, 537-0751-11-00, 537-0751-010-00, 537-0751-008-00, 537-0751-007-01 (the “Adjacent Property”). In the event that the City is unable to secure acceptable access across the Adjacent Property, the Developer shall secure an alternative route for public safety personnel to use to access the Project acceptable to the City prior to the recordation of the Final Map, and access improvements shall be completed before the issuance of any grading permit. The alternative access shall no longer be necessary following construction and completion of the Stevenson Boulevard Overpass, so that vehicular access connects to Mowry Avenue.

4. The Pick N’ Pull business operations (U-90-39 & P-90-48) shall cease to operate after the applicant takes ownership of the subject property. All conditions relating to closing the business and site operations as outlined in the approved CUP shall be completed and verified by the Community Development Director.

5. Applicant shall execute an Affordable Housing Satisfaction Agreement as well as any other required documents related to the Affordable Housing Satisfaction Agreement for the Mowry Village Project in a form approved by the City Attorney. The Agreement shall be executed within 90 days of project approval.

6. Prior to issuance of a building permit, the Applicant shall execute and fund the Community Benefit Agreement for the Mowry Village Project in the amount of One Million Three Hundred Thousand Dollars ($1,300,000), for use any public purpose as determined in the sole and absolute discretion of the City, in a form approved by the City Attorney.

7. 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 EXHIBIT 1

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vehicle or portable building brought on the site during construction shall remain graffiti free.

8. In association with the affordable housing site, bike locker(s) shall be provided for six bicycles and meet the guidelines of long-term bicycle parking.

9. Measures to respond to and track complaints pertaining to construction noise shall include: 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 the construction contractor's telephone numbers (during regular construction hours and off-hours).

10. 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.

11. 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 and/or corresponding utility district.

12. Air conditioning units shall not be placed in front or street-side yard, and if placed in any other location that would make it visible to public view, shall be properly screened with solid material or evergreen screening shrubs.

13. Prior to the issuance of a building permit, all exterior elevations shall be reviewed and approved by the Community Development Director for consistency with these approvals.

14. Prior to the issuance of a building permit, all walls and fence details shall be submitted for the Community Development Director's approval.

15. Prior to the issuance of a building permit, the roof material 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 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
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16. Prior to the issuance of a building permit, the project shall submit a trash management plan for the review and approval of Republic Services and the Community Development Director, in that order. The appropriate garbage, refuse and recycling service shall be approved prior to the issuance of a Certificate of Occupancy, as required by the Community Development Director. No refuse, garbage or recycling shall be stored outdoors except within the approved trash and recycling containers.

17. Prior to the issuance of a building permit, details of the outdoor recreational amenities (as illustrated on the conceptual plan), such as play structures, shall be submitted to the Community Development Director for review and approval.

18. Prior to the issuance of a Certificate of Occupancy, roll-up garage doors with automatic garage door openers shall be provided for each unit.

19. Prior to the issuance of a Certificate of Occupancy, the parking areas, aisles and access drives in common spaces shall be installed and striped as shown on the approved site plan.

20. Prior to final inspection and utility release for each unit, the developer shall prewire 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 not on the side elevation walls of the units.

21. Prior to the issuance of a sign permit, all signs, other than those referring to construction, sale, or future use of this site, shall be submitted for the review and approval of the Community Development Director.

22. Prior to their installation, 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.

23. The covenants, conditions and restrictions (CC&Rs) filed for this development shall include a provision requiring that garages shall only be used for automobile parking.

24. Prior to the transfer of title for any lot in the development, the applicant shall provide disclosures notices to the buyer as to the possibility of ground borne vibration from trains using the railroad tracks on the north of the subdivision. The method of disclosure shall be subject to review and approval of Community Development Director.

25. Applicant has agreed with Pick-N-Pull Auto Dismantlers, a California general partnership and Pick-N-Pull San Jose Auto Dismantlers, a California general partnership (collectively, “PNP”) to assume certain of the obligations of PNP EXHIBIT 1

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under that certain Agreement for Extension of Use Permits by and between PNP and the City of Newark, approved by City Council Resolution No. 9749, (the “CUP Extension Agreement”) and has voluntarily requested a condition of approval to so provide. As a condition to exercising the entitlements approved by the City subject to these conditions of approval, Applicant shall be deemed to have assumed the obligations set forth in Section 3.A(3)(b) and Section 3.B of the CUP Extension Agreement (the “Assigned Obligations”) at Applicant’s sole cost and expense, and PNP shall be relieved of any further obligation as to the Assigned Obligations (but not of any other obligations under the CUP Extension Agreement). PNP, Applicant, and City shall execute a partial assignment and assumption agreement memorializing the assignment and assumption in a form approved by the City Attorney, however, execution of such a partial assignment and assumption agreement shall not be a condition to the binding effect of this condition.

ENGINEERING DIVISION
SUBDIVISION:

1. The Project shall conform to Vesting Tentative Map – Tract 8517 (all sheets), 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.

2. Prior to issuance of the first Building Permit for the project, or the Grading Permit for fine grading of any phase if the project is phased, the Final Map, or the applicable phased Final Map creating the lots, dedications, and easements serving that scope, shall be approved by the City and recorded in accordance with the State Subdivision Map Act and the City of Newark Subdivision Ordinance..

3. 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 easements as may be required The final easement language and geometry shall be subject to the approval of the City.

4. The Final Map shall conform with the State Subdivision Map Act and the City of Newark Subdivision Ordinance.

5. The Final Map and Improvement Plans shall be submitted together to the Engineering Division for review to ensure conformance with the Newark Municipal Code, City street improvement standards, and all other applicable codes, policies, and requirements. The Improvement Plans shall be approved by the City prior to recordation of the Final Map. All such plans shall be prepared by a professional licensed by the State of California to perform this work.

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6. Exception 6 from the Preliminary Title Report by First American Title Company, dated September 1, 2020, references an easement granted to the City of Fremont, recorded on November 7, 1966, as Instrument No. AY126882, affecting Parcel 3.

Prior to the first Final Map approval, the Applicant shall provide an updated title report to ensure clear title demonstrating that this exception has been cleared, including obtaining and recording a Quitclaim Deed or other release document evidencing formal abandonment of the easement by the current owner,, and shall submit a copy of the recorded document to the City of Newark as proof of abandonment prior to recordation of Final Map.

7. Exception 7 from the Preliminary Title Report by First American Title Company, dated September 1, 2020, references an easement granted to the City of Fremont, recorded on July 10, 1968, as Instrument No. BA74949, affecting Parcel 1. Prior to the first Final Map approval, the Applicant shall provide an updated title report to ensure clear title demonstrating that this exception has been cleared, including obtaining and recording a Quitclaim Deed or other release document evidencing formal abandonment of the easement by the current owner, and shall submit a copy of the recorded document to the City of Newark as proof of abandonment prior to recordation of the first Final Map.

8. The Final Map and/or grant deeds shall include sufficient right-of-way (ROW) dedication along Mowry Avenue to accommodate improvements as delineated on the approved Vesting Tentative Map. The exact dimensions and limits of the ROW dedication shall be verified and approved by the City prior to recording of the first Final Map.

9. 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 easements as may be required over the common area.

Easements shown on the Vesting Tentative Map shall be provided on the Final Map; however, any additional easements or final easement geometry shall be subject to the approval of the City Engineer.

10. Pursuant to California Government Code §66497 and Section 8772 of the Land Surveyors’ Act, the Applicant shall submit a letter to the City, prior to final inspection, confirming that permanent survey monuments have been set in accordance with the Final Map. The letter shall also verify that the Applicant’s land surveyor has been paid for their work and shall be subject to review and acceptance by the City.

11. Prior to approval of the first Final Map, the Applicant shall enter into a Subdivision Improvement Agreement (SIA) with the City, in a form approved by the City Attorney and City Engineer, to guarantee the timely and proper completion of all required public improvements, private street improvements, and common area improvements, including those beyond the subdivision boundary as may be required, in accordance with the Improvement Plans approved by the EXHIBIT 1

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City. As a condition of the SIA, the Applicant shall furnish to the City improvement security in amounts and forms consistent with the requirements of the Newark Municipal Code and the Subdivision Map Act, based on an engineer’s estimate of improvement costs approved by the City Engineer, and shall submit such other instruments or assurances as may be required under the SIA..

Improvement plans for on-site common areas and all private streets in the Project as well as all the offsite improvements shall be included with the tract improvement plans to ensure that the improvements are designed and constructed to City standards.

12. Prior to issuance of first Building Permit, unless otherwise approved by the City Engineer, the Applicant shall construct the off-site street improvements on Mowry Avenue between Cherry Street to the southerly terminus of Mowry Avenue, and at the UPRR crossing on Mowry Avenue, as generally depicted on the Vesting Tentative Map exhibits and as further described below:
a. Mowry Avenue improvements shall include:
i. Required roadway, complete street, stormwater treatment measures and utility improvements associated with the widening of Mowry Avenue to the satisfaction of the City Engineer. Improvements shall include, but not be limited to, access to the emergency access easement, landscaped median and parkway strips, sidewalk, curb and gutter, street lighting, fire hydrants, storm drain improvements, utilities, landscaping, and stormwater treatment measures. ii. The roadway geometry shown on the tentative plans includes a twelve-foot travel lanes in each direction, a three-foot bike buffers and six-foot bike lanes in each direction, a twelve-foot landscaped median (except where left-turn pockets are required), a four-foot landscaped parkway strip on both sides of the street, a seven-foot sidewalk along the project frontage, and a two-foot landscaped parkway strip adjacent to the project masonry wall may be revised by the City Engineer prior to approval of first Final Map. If necessary or appropriate, the City Engineer may direct adjustments to travel lane and bike buffer widths, median and parkway widths, sidewalk dimensions, and the roadway crown may be modified to drain toward the median to allow a single bioretention facility within the landscaped median in lieu of bioretention facilities on both sides of the roadway. The Applicant shall work with the City Engineer to develop and submit revised plans reflecting any such modifications. All revisions shall be to the satisfaction of the City Engineer.
b. Railroad Crossing Improvements:

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i. Prior to issuance of the first Building Permit for the project, or for any phase if the project is phased, unless otherwise approved by the City Engineer, the Applicant shall prepare and submit, on behalf of the City, a formal Quiet Zone application to Union Pacific Railroad (UPRR) for the rail crossing adjacent to the project site, and shall bear all associated application.

All improvements necessary to achieve Quiet Zone designation at the subject crossing shall be designed and constructed in compliance with UPRR requirements, the Federal Railroad Administration rule at 49 CFR Part 222 (Use of Locomotive Horns at Highway Rail Grade Crossings), and applicable California Public Utilities Commission standards, and shall be fully installed prior to issuance of the first Building Permit for the project, or for any phase if the project is phased, unless otherwise approved by the City Engineer. The design shall also accommodate any additional measures required by UPRR, FRA, or CPUC during their review, including but not limited to upgraded crossing signals, raised medians, channelization, and signage. If compliance with these requirements before Building Permit issuance is not achievable due to factors beyond the Applicant’s control, the City Engineer may, at their sole discretion, approve an alternative timing or implementation plan, provided such approval does not compromise public safety or regulatory compliance.

13. The Applicant shall remit to the City a payment of Four Hundred Forty Thousand Dollars ($440,000.00), representing the appraised value and acquisition cost of a waterline easement over the adjacent City-owned parcel. This payment shall be made prior to approval of the first Final Map. Upon receipt of the required payment, the City will grant the easement to the Applicant. The Applicant shall execute an easement agreement with the City concurrently or prior to approval of the first Final Map. The easement agreement shall be transferred by the Applicant to the Alameda County Water District (ACWD) prior to Tract Acceptance, which is the City’s formal acceptance of subdivision improvements following completion and final inspection, by the City or its authorized designee. This payment shall be limited to compensation for the easement dedication and shall not include any costs associated with the design, construction, or installation of ACWD water line improvements. The Applicant shall be solely responsible for the design, construction, and all associated costs related to the installation of the water line improvements within the easement subject to review and approval of ACWD. The City Manager is authorized to execute all agreements in the form acceptable to the City Attorney necessary to effectuate the applicant's acquisition of the easement.

14. Following recordation of the first Final Map and establishment of the water line easement on the City-owned parcel, the Applicant shall notify the City at least EXHIBIT 1

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forty-five (45) days prior to any construction within the easement area. The notification shall include a detailed description of the work to be performed, the anticipated duration of construction, and any access or staging requirements.

15. Prior to issuance of any Grading Permit, if the construction of the perimeter retaining wall along the property line(s) require encroachment onto the adjacent City-owned parcel, the Applicant shall obtain a Temporary Construction Easement (TCE) from the City of Newark for the affected area. The TCE request shall include a detailed description of the work to be performed, duration of the construction period, and any access or staging requirements. The TCE shall be approved by the City prior to the commencement of any construction activities related to the perimeter retaining wall.

16. All work on Ohlone Community College District (Ohlone CCD) parcels shall be limited to within the existing Alameda County Water District (ACWD) easement, unless and until the Applicant secures an additional easement area for such work.

If an additional easement or other written permission is obtained, the Applicant shall provide a copy of the recorded easement or written authorization to the City prior to commencing any such work, to the satisfaction of the City Engineer.

17. Prior to approval of the first Final Map, the Applicant shall obtain written confirmation from Union Sanitary District (USD) as to whether the proposed pump station will be private or public. If USD determines that the pump station will be a public facility then prior to approval of first Final Map, the Applicant shall record and submit to the City a copy of the recorded easement granting USD the right to access, operate, and maintain the pump station. The Applicant shall obtain all maintenance and construction related permits for the pump station through USD as well as City’s Building Department.

18. Improvement Plans shall show the proposed sanitary sewer lift station with a minimum pad design elevation of 13.5 feet (NGVD29). The design shall also demonstrate that all critical electrical and mechanical equipment (including control panels, wet well covers, and backup power) are protected above the pad elevation, to the satisfaction of the City Engineer and USD.

19. Prior to approval of the first Final Map, the Applicant shall submit to the City written confirmation from USD stating that USD has reviewed and concurs with the schedule for construction and operation of the replacement Cherry Street Pump Station required to accommodate wastewater flows from the Project, or as otherwise approved by USD.

20. Prior to issuance of the first Building Permit for the project, the Applicant shall provide written confirmation from the Union Sanitary District (USD) that USD is ready to accept sanitary sewer discharge from the project. Such confirmation shall verify that any required modifications or replacements to the Cherry Street Pump Station, or any other related improvements necessary to receive flow from EXHIBIT 1

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the project, have been completed, are operational, and have been accepted by USD or as otherwise approved by USD. No Building Permit shall be issued until written confirmation of readiness to accept flow is received from USD, to the satisfaction of the City Engineer.

21. Prior to approval of the first Final Map, the Applicant shall establish a Community Facilities District (CFD), Landscaping and Lighting Maintenance District (LLD), or another funding mechanism approved by the City to fully address the Project’s ongoing costs to operate and maintain public improvements attributable to the Project. The Applicant shall notify the City of the selected approach, petition the City Council for participation where applicable, and deposit funds sufficient for the City to retain a consultant to prepare the required Engineer’s Report for City Council consideration and approval. Compliance with this condition shall be to the satisfaction of the Public Works Director.

The established funding mechanism shall cover all financial impacts of the Project on the operation and maintenance of improvements along Mowry Avenue.

Improvements subject to this requirement including, but are not limited to, landscaped medians; landscaping and irrigation within right-of-way planter strips along the property frontage; street lights; stormwater treatment measures; full trash capture devices; any proposed wall(s) within the public right-of-way; ongoing maintenance of the retaining wall constructed along the north property line adjacent to the City parcel (including, but not limited to, graffiti removal and general upkeep); and any other off-site public improvements constructed with the Project.

All costs associated with satisfying this condition shall be borne by the Applicant and all successors in interest.

22. The Applicant and all successors in interest shall reimburse the City for all costs incurred by the City Attorney in connection with the review, negotiation, and preparation of documents associated with the Final Map approval process and subsequent City entitlements and permits, including but not limited to conditions of approval, subdivision improvement agreements, easements, dedications, and funding agreements. Prior to approval of the first Final Map, the Applicant shall enter into a reimbursement agreement with the City and deposit funds in an amount determined by the City Attorney to cover these costs. Additional deposits shall be made upon request if the initial deposit is depleted. Compliance with this condition shall be to the satisfaction of the City Attorney.

23. To the extent the project requires work upon adjacent private property, the Applicant shall obtain an easement, license, or other form of legal documentation acceptable to the City, authorizing such work on APN 537-0850-001-12, or on any other affected parcel(s) as determined by the City Engineer prior to approval of the first Final Map. Such documentation shall be recorded if required by the City Engineer, and shall be completed prior to approval of the first Final Map. The Improvement Plans shall demonstrate grading conformity and proposed drainage EXHIBIT 1

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design along the frontage of APN 537-0850-001-12 prior to the first Final Map approval. Street runoff shall be directed away from APN 537-0850-001-12.

24. The Applicant shall provide written notification to all affected property owners whose driveway access will be modified due to the raised roadway on Mowry Avenue. These notifications shall include a description of the proposed driveway modifications, anticipated construction timelines, and contact information for Project-related inquiries. Proof of notification to all affected property owners shall be submitted to the City prior to the approval of the first Final Map. The construction cost associated with this will be the sole responsibility of the Applicant. In addition, the Applicant shall provide notice to affected property owners at least 30 days prior to the start of construction affecting each driveway and shall reconfirm notice at the pre-construction meeting.

25. Prior to approval of the first Final Map, the Improvement Plans shall demonstrate that all signing, striping, pavement transitions, lane drops, and lane shifts are designed to the satisfaction of the City Engineer. These improvements shall conform to the latest City of Newark standards, the current California Manual on Uniform Traffic Control Devices (CA MUTCD), and the Caltrans Highway Design Manual guidelines, or as otherwise approved by the City Engineer.

26. The Applicant shall construct 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.

27. All gravity utility systems (including storm drain and sanitary sewer) shall be designed and constructed to ensure proper connection at the lowest downstream point of the off-site main and extended upstream to the project site, maintaining required slopes and functionality.

28. Prior to approval of the first Final Map, the Improvement Plans shall show the proposed Emergency Vehicle Access gates within the Emergency Vehicle Access Easement (EVAE) road over the proposed ACWD waterline extension/easement on the adjacent City Parcel. The design shall provide driveway curb cuts that allow vehicular access to the EVAE and to the waterline extension. Roadway and gate improvements shall comply with City of Newark standards, Fire District requirements, and Alameda County Water District (ACWD) standards, and shall be located and detailed to maintain required clearances and access to ACWD facilities. All related plans and details shall be to the satisfaction of the City Engineer, the Fire Marshal/Fire District, and ACWD.

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29. Prior to approval of the first Final Map, the Applicant shall coordinate with ACWD to confirm access, surfacing, and clearance requirements for the portion of the waterline extension located on adjacent parcels outside the project limits, including whether an all-weather access roadway is required. The Applicant shall provide confirmation from ACWD and revise the Improvement Plans to reflect ACWD-required access provisions. Prior to energizing and ACWD acceptance of the waterline, the Applicant shall construct all ACWD-required access improvements and appurtenances to the satisfaction of ACWD.

30. 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, sanitary sewer pump station, mailboxes, low retaining walls.

31. All improvements shall conform to the City’s Sight Visibility Ordinance, Newark Municipal Code Chapter 10.36. Prior to the first Final Map approval, all building architecture and other above-ground improvements shall be located and designed as necessary to comply with this ordinance.

32. Prior to approval of the first Final Map, a verified delineation of wetland boundaries by the U.S. Army Corps of Engineers (USACE) and any other jurisdiction shall be required for any work conducted on or near the City-owned parcel along the north and east project property lines, along with any other required environmental surveys or reports as necessary. Ongoing monitoring of wetland boundaries shall be required throughout the duration of construction.

33. Prior to the issuance of the first Grading Permit or the first Building Permit 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.

34. The provided Preliminary Stormwater Treatment Plan is approved in concept only.

Prior to approval of the first Final Map, the Applicant shall provide the necessary plans, details, and calculations demonstrating compliance with the Municipal Regional Stormwater NPDES Permit issued to the City of Newark by the Regional EXHIBIT 1

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Water Quality Control Board, San Francisco Bay Region, to the satisfaction of the City Engineer.

35. Prior to the first Final Map approval, the Applicant shall enter into a Stormwater Treatment Measures Maintenance Agreement, which will be recorded against the property.

36. This Project is subject to the Construction General Permit under the National Pollutant Discharge Elimination System (NPDES) General Permit No.

CAS000002, which applies to development sites that disturb one acre or more of land surface. The Applicant shall register the Project with the State Water Resources Control Board’s Stormwater Multi-Application and Report Tracking System (SMARTS). A Qualified SWPPP Developer (QSD) and a Qualified SWPPP Practitioner (QSP) shall be designated and responsible for permit compliance. Upon registration, the SMARTS system will generate a Waste Discharger Identification (WDID) number. The WDID number shall be printed on the grading and/or erosion control plans prior to approval of the first Final Map, or on the demolition or rough grading plans, whichever occurs first.

37. Prior to the first Final Map approval, 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.

38. Prior to the first Final Map approval, hydrology and hydraulic calculations shall be submitted for review and approval by the City Engineer and the Alameda County Flood Control District. The calculations shall show that the City and County freeboard requirements are satisfied.

39. The project’s storm drain outfalls daylight onto City property at approximate existing elevation range between 1.7 to 4.5. Per the Tri-City Local Hazard Mitigation Plan these discharge locations will be inundated during both 0-year and 100-year tidal scenarios with sea level rise, indicating that these outfalls may be regularly submerged under Sea Level Rise (SLR) conditions. Prior to approval of the first Final Map, the Applicant shall submit a sea-level-rise hydrology and hydraulics calculations report to the satisfaction of Alameda County Flood Control Water Conservation District (ACFC&WCD) and the City. If ACFC&WCD and/or the City determine that additional measures are required to protect against SLR, the Applicant shall submit design-level plans, calculations, and a supporting technical report for review and approval by ACFC&WCD and the City, and shall revise the EXHIBIT 1

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Improvement Plans accordingly. Required measures may include, but are not limited to, tide/flap gates, bypass piping, storage facilities, and/or hydromodification controls. All approved improvements shall be shown on the Improvement Plans and constructed prior to approval of the first phase of the project, to the satisfaction of ACFC&WCD and the City.

40. Prior to approval of the first Final Map, the Applicant shall submit hydrology calculations and design-level flow control and dissipation device details for the discharge onto City property. The discharge shall be maintained at predevelopment flow rates and dissipated via flow dissipation devices designed by the Applicant. These calculations and device details shall be submitted along with the improvement plans and shall be reviewed and approved by both the City and Alameda County Flood Control and Water Conservation District (ACFC&WCD) prior to approval of the Final Map.

41. The Improvement Plans currently show storm drain outfalls that would concentrate flow from the bio-retention area and discharge directly onto adjacent City property.

The Applicant shall revise the Improvement Plans to provide appropriate means of distributing stormwater runoff from the bio-retention facility into the adjacent wetlands in a manner that avoids concentrated flows. The revised design shall include measures to ensure that flows are dispersed, and energy is dissipated at the point of discharge to prevent erosion, scour, or other adverse impacts to the wetlands or City property. The revised Improvement Plans shall be submitted to the City for review and approval prior to approval of the first Final Map.

42. Prior to approval of the first Final Map, the Applicant shall provide documentation demonstrating that all Alameda County Flood Control and Water Conservation District (ACFC&WCD) channel crossings, including the use of existing ACFC&WCD bridge hangers for proposed utility crossings, have been reviewed and approved by ACFC&WCD.

43. Prior to approval of the first Final Map, the Applicant shall ensure that the bioretention areas adjacent to the Flood Control Channel are designed with concrete linings. The Project geotechnical consultant shall provide additional recommendations for the bioretention design to prevent slope instability. The design of the bioretention facilities, including the concrete lining and geotechnical recommendations, shall be subject to review and approval by the City and Alameda County Flood Control and Water Conservation District (ACFC&WCD).

44. Bubble-up drains over the sidewalk shall not be permitted. All on-lot drains shall connect via through-curb drains or direct connection to the storm drain system.

Prior to approval of the first Final Map, Improvement Plans shall show detailed designs demonstrating these connections, to the satisfaction of the City.

45. Prior to approval of the first Final Map, all stormwater treatment measures shall be subject to review and approval by the Alameda County Mosquito Abatement EXHIBIT 1

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District, and evidence of such approval shall be submitted to the City. The Applicant and all successors in interest shall revise the grading, drainage, and stormwater treatment design as necessary to comply with any requirements imposed by the District, to the satisfaction of the City Engineer.

46. Improvement Plans shall show that the entire site is 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 onsite and adjoining off-site storm drain inlets. All on-site trash capture devices shall be permanently maintained by the property owner. Acceptable off-site trash capture devices can be found on the City’s website at
https://www.newark.org/departments/public-works/engineeringdivision/stormwater-program.

47. Improvement Plans shall include a note that all perimeter wall shall include antigraffiti treatment on both sides, with the treatment applied prior to Tract Acceptance, and maintained in good condition thereafter by the Homeowners’ Association (HOA).

48. 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.

49. The Applicant shall implement the following measures for the duration of all construction activity to minimize air quality impacts in addition to the measures required in MM AIR-1: Implement Construction Best Management Practices:
a. Watering should be used to control dust generation during demolition of structures and break-up of pavement.
b. All trucks hauling demolition debris from the site shall be covered. c. 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.
d. 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.
e. All trucks hauling soil, sand, and other loose materials shall be covered or require all trucks to maintain at least 2 feet of freeboard. f. All unpaved access roads, parking areas, and staging areas at construction sites shall be paved, watered three times daily, or treated with (non-toxic) soil stabilizers.
g. All paved access roads, parking areas, and staging areas at construction sites shall be swept daily with water sweepers; water sweepers shall vacuum up excess water to avoid runoff-related impacts to water quality.

EXHIBIT 1

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h. Limit traffic speeds on unpaved roads to 15 mph.
i. Install sandbags or other erosion control measures to prevent silt runoff to public roadways.
j. Replant vegetation in disturbed areas as quickly as possible. k. Minimize idling time (5 minutes maximum).
l. Maintain properly tuned equipment.

50. The air quality measures in these conditions and MM AIR-1: Implement Construction Best Management Practices 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.

51. Where a grade differential at the conforms occurs along the boundary between the proposed development and adjacent property, the Applicant shall install a permanent concrete or masonry retaining wall, unless a slope easement is approved by the City Engineer. The Improvement Plans shall be revised to show all necessary retaining walls or slope easements, grading transitions, drainage provisions, and related details, to the satisfaction of the City Engineer..

52. Prior to approval of the first Final Map, the Applicant’s California-registered geotechnical consultant shall review and approve all geotechnical aspects of the project’s improvement plans, including but not limited to site preparation and grading, site drainage improvements, and design parameters for foundations, to ensure that their recommendations have been properly incorporated. The California-registered geotechnical consultant shall sign and stamp the Improvement Plans prior to approval of the Final Map.

53. During construction, the Applicant’s California-registered 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 geotechnical consultant shall document the results of these inspections and the asbuilt conditions of the project in a letter report, which shall be submitted to the City Engineer for review and approval prior to final project approval.

54. If an enhanced foundation design is required to protect the proposed foundations from damage caused by settlement, as described in the geotechnical report, the Applicant shall submit settlement and structural calculations for review and approval by the City prior to issuance of the first Building Permit. The submittal shall demonstrate compliance with the geotechnical recommendations to the satisfaction of the City Engineer.

55. All sanitary sewer utility pipes shall be designed and constructed pursuant to plans approved by Union Sanitary District. All water utility lines shall be designed and constructed pursuant to plans approved by Alameda County Water EXHIBIT 1

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District. All storm drains shall be designed and constructed pursuant to plans approved by City of Newark and ACFC&WCD.

56. The Applicant shall submit Improvement Plans consistent with the detailed soils report prepared by a qualified engineer, registered with the State of California.

57. Prior to the first Final Map approval, the Applicant shall submit an updated Geotechnical Study clarifying slope stability, settlement, surcharge effects, and any other geotechnical considerations as may be required due to site conditions, design changes, or agency requirements, for City review and approval by a Cityselected peer review consultant. If a retaining wall is proposed at the ACFC&WCD channel across the property frontage, the updated study shall also include analysis of lateral spreading hazard and ground improvement recommendations. The Applicant shall pay the fee for Geotechnical peer review in accordance with the City’s Master Fee Schedule, prior to approval of the Final Map.

58. Prior to issuance of first Grading Permit, the plans shall identify the shortest and closest truck route to the project site. The Applicant shall enforce the use of this designated truck route by all project construction traffic.

Additionally, the developer shall retain, at their sole cost, a pavement specialty consultant to perform pre-construction and post-construction pavement condition surveys of the identified truck route. The post-construction report shall include recommendations for pavement rehabilitation necessary to restore the roadway to its pre-construction structural condition or better. Pavement rehabilitation shall be performed prior to tract acceptance, or at the discretion of the City Engineer if the identified truck route pavement condition is determined to be in poor condition.

59. The Applicant shall repair, at its expense, any damage to existing public or private improvements on or near the project site and along the approved truck route caused by project construction activities. Repairs shall be made immediately if so determined by the City Engineer, or within such time as the City Engineer specifies, but in all cases shall be completed prior to Tract Acceptance. If determined necessary by the City Engineer, the Applicant shall provide a truck-route security deposit or bond, in an amount and form acceptable to the City, to guarantee timely repair of such damage. Compliance with this condition shall be to the satisfaction of the City Engineer.

60. Prior to issuance of any Demolition Permit, Grading Permit, or approval of the first Final Map, whichever occurs first, the Applicant shall prepare and submit a Construction Traffic Management Plan (CTMP) to the City of Newark for review and approval. The CTMP shall address, at a minimum, construction traffic circulation, truck routes, construction employee parking, staging and material storage areas, temporary signage, flagging operations, pedestrian and bicycle access, and measures to minimize traffic disruptions to surrounding neighborhoods EXHIBIT 1

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and businesses. The CTMP shall conform to the latest City of Newark standards and the current California Manual on Uniform Traffic Control Devices (CA MUTCD). The Applicant shall provide advance public notification, in a form acceptable to the City, to nearby residents and businesses prior to any lane closures, detours, or other significant traffic control changes. The Applicant shall also maintain a 24-hour construction hotline or contact number, staffed at all times during active construction, to respond to public inquiries or concerns. All construction traffic operations shall comply with the approved CTMP to the satisfaction of the City Engineer, or as otherwise approved by the City Engineer.

61. Prior to issuance of first Grading Permit or first Building Permit, which ever occurs first, the Applicant shall submit documentation demonstrating how emergency vehicle access will be maintained during construction, for review and approval by the City of Newark. The Applicant shall ensure that emergency vehicle access is maintained at all times during construction, to the satisfaction of the City Engineer and the City of Newark Police and Fire Departments. No construction activity, staging, material storage, or traffic control measure shall obstruct or delay emergency vehicle access to the project site or adjacent properties. The Applicant shall coordinate with Police and Fire through the City regarding any construction activity or traffic control measure that may temporarily affect emergency access, and shall implement any modifications required by emergency services to maintain adequate access at all times.

62. Any work performed within the City’s right-of-way, City easements, or Cityowned property shall be subject to an Encroachment Permit as defined in Newark Municipal Code Chapter 12.08. All encroachment permit work is subject to adopted City of Newark Standard Details and as approved by the City Engineer, and shall be performed by properly-licensed contractors as determined by the City Engineer. Said contractors must provide evidence of proper licensure, insurance and City-issued Business License upon application for a permit.

63. -Prior to issuance of the Building Permit 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.

64. Prior to issuance of the first Building Permit for the applicable project phase, the on-site drive aisles and uncovered parking facilities serving that phase shall be installed and striped as shown on the approved site plan. All on-site 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.

EXHIBIT 1

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65. Prior to first Building Permit issuance of the first dwelling unit, or at such other time as approved by the City Engineer, the Applicant shall remove the existing joint utility pole and anchor pole, and shall remove the existing joint utility poles, and shall underground the existing overhead utility located across Mowry Avenue, along the length of the project’s frontage, extending to the nearest riser beyond the project property lines. The scope and location of all undergrounding shall be shown on the Improvement Plans and submitted for City review and approval. All work shall be completed in coordination with PG&E and any other affected utility companies.

66. 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.

Underground electrical transformers shall be installed with an appropriate public utility easement as necessary.

67. Prior to the first Final Map approval, 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 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.

68. All modifications to the driveway access onto APN 537-0751-012-03, which is located on top of an Alameda County Flood Control and Water Conservation District (ACFC&WCD) channel, shall be subject to review and approval by the City Engineer. The Improvement Plans shall show all such modifications to the satisfaction of the City Engineer. The driveway access shall be paved in asphalt from the public right-of-way line to the edge of Mowry Avenue. A gate shall be installed at the end of the driveway to control vehicle access onto the property. The gate shall include a Knox Box (or equivalent Fire Department–approved emergency access device). The gate design shall be subject to review and approval by both the City and ACFC&WCD. These improvements shall be completed prior to issuance of the first Grading Permit or the first Building Permit, whichever occurs first, unless otherwise required by the City Engineer.

69. As shown on Sheet TM-7, improvements are proposed to the access route on APN 537-0850-001-12. Prior to approval of the Final Map, the Applicant shall provide the City with a recorded agreement from the property owner of APN 537-0850- 001-12 granting permission for the Applicant to perform the proposed work on that property.

EXHIBIT 1

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70. Sheet TM-7 shows improvements to the access route on APN 537-0751-012-03, in the vicinity of the Alameda County Flood Control and Water Conservation District (ACFC&WCD) channel. Prior to approval of the first Final Map, the Applicant shall obtain written approval for the proposed work from the ACFC&WCD and any other agency having jurisdiction over the work and shall provide copies of such approvals to the City, to the satisfaction of the City Engineer.

71. Prior to the first Final Map approval the joint trench and street light plans shall be submitted by the Applicant along with the Improvement Plans for City’s review and approval.

72. Street light placement is approved in concept only. Prior to approval of the first Final Map, the on-site and off-site street light locations, including lighting along Mowry Avenue up to the proposed driveway access onto APN 537-0751-012-03, shall be shown on the Improvement Plans and submitted to the City for detailed review and approval. Street lights shall be located at lot lines and positioned away from bedroom windows to the greatest extent feasible. A photometric plan shall also be included with the Improvement Plans to demonstrate the distribution of illumination, all to the satisfaction of the City Engineer.

73. 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 Mowry Avenue shall be resurfaced from curb to curb to the satisfaction of the City Engineer. All pavement restoration and resurfacing shall be completed concurrent with site development. Prior to first Final Map approval, the Improvement Plans shall show the extent for grind and overlay on Mowry Avenue.

74. Prior to the first Final Map approval, the Improvement Plans shall show 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.”

75. Prior to approval of the first Final Map, improvement plans shall show reflective address signs provided at each street intersections/courts to help identify the location of a residential unit for accurate first response. Signs shall be subject to review and approval by the City Engineer and the Fire Marshal.

76. Prior to issuance of any Grading Permit, the condition of the existing streets along the designated haul routes shall be evaluated by the City. Based on this evaluation, pavement rehabilitation, including but not limited to grind and overlay with base repairs, may be required. All pavement rehabilitation work shall be completed at the Applicant’s sole expense and to the satisfaction of the City Engineer prior to tract acceptance.

77. Prior to Tract Acceptance, which is the City’s formal acceptance of subdivision improvements upon certification by the City Engineer that all improvements have EXHIBIT 1

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been completed in accordance with approved plans and City standards (“Tract Acceptance”), the Applicant shall provide documentation, subject to approval by the City Engineer, verifying that all perimeter walls will be privately maintained.

78. Prior to Tract Acceptance, the Applicant shall repair or replace, at the Applicant’s sole expense and to the satisfaction of the City Engineer, any public improvements along Mowry Avenue and along the designated project haul routes, as well as any private improvements along the exterior boundary of the site, that are damaged as a result of construction activities undertaken by the Applicant, its contractors, or subcontractors.

79. Prior to Tract Acceptance, the Applicant shall provide all required paper and digital submittals of the project final map(s), 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(s); (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(s) and improvement plans shall be prepared in accordance with Union Sanitary District digital submittal standards.

80. The Applicant shall establish a Homeowner’s Association 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, 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 Applicant’s phasing plan and shall be subject to its share of the Homeowner’s Association in accordance with the budget reviewed and approved by the Department of Real Estate. The Homeowner’s Association shall be incorporated prior to the sale of any individual lots and/or prior to acceptance of tract improvements, whichever occurs first.

81. Prior to City Council approval of the first 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 EXHIBIT 1

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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.

82. 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.

83. 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.

84. 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.

85. 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.

86. The Applicant is to provide a complete set of construction plans and a copy of the project Geotechnical Report and recorded Final Map(s) to the Homeowners Association at the time of its formation.

87. 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.

88. 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, conditioned, or delayed: (i) Any amendment, the design or purpose of which is to EXHIBIT 1

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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; (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….(list sections required by condition of approval), 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, listed in Section XXX (Rights of City), 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.

89. The Declarant shall provide educational materials on stormwater pollution prevention to all residents within (3) three months of the initial sale of each home.

90. 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.

91. 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 “California native or special-status wildlife species” 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 and shall be shown on the final map prior to Final Map approval

LANDSCAPE-PARKS DIVISION

92. All landscape maintenance on-site and within public utility easements shall be the responsibility of the Homeowners Association (HOA). 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.

93. Prior to final map approval, landscape plans for work within the public right-ofway, 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).

EXHIBIT 1

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94. 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.

95. Prior to installation by the Applicant, plant species, location, container size, quality and quantity of all landscaping plants and materials within the public right-of-way 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.

96. Any above ground utility structures along Mowry Avenue, 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 Mowry Avenue. 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.

POLICE DEPARTMENT

1. 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.

2. The development shall comply with the City of Newark street numbering system and tie in with the existing area street numbering. Additionally, the proposed buildings should display their individual 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 each location during emergency responses.

3. We would highly recommend installation of community safety cameras and/or automated license plate readers in common areas where the units would be most susceptible to criminal activity. This would include parking areas, exterior pathways, cluster mailbox locations, and exterior doors. Automated license plate readers would best serve the community if located at the development entrance/exit points. All safety cameras could be operated and controlled by development owner(s) or their Security personnel.

BUILDING DIVISION

1. Applications for this project are due by December 18th, 2025 for the current code standards to be compliant for this project. Any submittal after this date will be required to meet the California Construction Code Standards in effect at the time of application.

EXHIBIT 1

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GENERAL CONDITIONS

1. All proposed changes from approved exhibits shall be submitted to the Community Development Director who shall decide if they warrant Planning Commission and City Council review and, if so decided, said changes shall be submitted for the Commission's and Council's review and decision.

2. The developer shall pay the prevailing fee for each additional separate submittal of development exhibits that require review and approval by the Planning Commission and/or City Council.

3. If any condition of the project’s entitlements are declared invalid or unenforceable by a court of competent jurisdiction, these entitlements shall terminate and be of no force and effect, or the conditions, if severable, may be deemed inapplicable, at the election of the City Council on motion.

4. The developer hereby agrees to incur all costs of defense with counsel selected by the City, 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 project approvals or permits granted herein or any California Environmental Quality Act determinations related thereto.

5. The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements and other exactions. Pursuant to Government Code Section 66020(d)(l), 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 Section 66020(a), has begun. If the developer fails to file a protest within this 90-day period complying with all of the requirements of Section 66020, the developer will be legally barred from later challenging such exactions.

END OF CONDITIONS OF APPROVAL
'A' STREET 'C' STREET
'D' AVENUE
'E' AVENUE
'F' AVENUE
'G' DRIVE 'B' STREET
59 60
77 76 74 73 72 71 70 69 68 67 66 65 64 63 62 61
78 79 80 81 82 83 84 85 86 87 88 90 91 92
93 107 106 104 103 102 101 100 99 98 97 96 95 94
108 109 111 112 113 114 115 117 118 119
120
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128 123
129 138 137 136 135 133 132 131 130
139 140
41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57
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11 12
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17 18
19 20
21 22
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25 27 26
28 29
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32 33
34 35
36 37
38 39
40 58
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105
110 116
134
COURT 1 PARCEL B PARCEL D PARCEL E PARCEL F

PARCEL G
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145
146
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155
156
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158
159
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161
162
163
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174
196 195 194 193 192 191 190 189 188 187 186 185 184 183 182 181 180 179 178 177 176 175 147
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PARCEL C

PARCEL H

MOWRY AVENUE (PUBLIC)
'A' STREET
'C' STREET
'D' AVENUE
'E' AVENUE
'F' AVENUE
'G' DRIVE 'B' STREET
59 60
77 76 74 73 72 71 70 69 68 67 66 65 64 63 62 61
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119
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122
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129 138 137 136 135 133 132 131 130
139 140
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34 35
36 37
38 39
40 58
75 89
105
110 116
134
COURT 1 PARCEL B PARCEL D PARCEL E PARCEL F

PARCEL G
141 142 143 144
145
146
148
149
150
151 152
153 154
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PARCEL C

PARCEL H

MOWRY AVENUE (PUBLIC)
F:\2872-000\ACAD\EXHIBITS\XB_41-ZONING LAND USE CHANGES.DWG

SPECIFIC PLAN AND ZONING

LAND USE CHANGES

MOWRY VILLAGE

CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA
SCALE: 1" = 200' DATE: OCTOBER 6, 2025
0 200 400 600 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

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

RESOURCE PRODUCTION
PARK
RS-6000: RESIDENTIAL SINGLE FAMILY - PLANNED DEVELOPMENT OVERLAY AREA 3 & 4 SPECIFIC PLAN SUB AREA D ORIGINAL LAND USE VS

PROPOSED LAND USE

LAND USE CATEGORY ORIGINAL LAND USE PROPOSED LAND USE PROPOSED LAND USE CHANGE

PUBLIC FACILITIES

ORIGINAL LAND USE PER SPECIFIC PLAN PROPOSED LAND USE CHANGE

PROJECT BOUNDARY
AREA 3 & 4 SPECIFIC PLAN SUB AREA D
RH: RESIDENTIAL HIGH DENSITY
EXHIBIT 2

'A' STREET
'C' STREET 'D' AVENUE 'E' AVENUE 'F' AVENUE 'G' DRIVE PARCEL C 'B' STREET
COURT 1 PARCEL B

PARCEL D

PARCEL E
PARCEL F PARCEL A PARCEL C PARCEL G 175 MOWRY AVENUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 26 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 63 62 67 66 65 76 75 74 73 72 71 70 69 68 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 97 96 95 94 107 106 105 104 103 102 101 100 99 98 108 109 110 111 112 113 114 115 116 117 118 119 120121122123 124 125 126 127 128 129 135 134 133 132 131 130 138 137 136 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 196 195 194 193 192 191 190 189 188 187 186 185 184 183 182 181 180 179 178 177 176 64 PARCEL H PLAN 2 45 x 75 PLAN 3 45 x 80 PLAN 3 50 x 80 PARKING SUMMARY GENERAL NOTES: VICINITY MAP SITE LOT DIMENSIONS AND MINIMUM BUILDING SETBACKS LEGEND LAND USE SUMMARY LAND USE AREA (AC) 24 45' X 75' PRODUCT 45' X 80' PRODUCT 50' X 80' PRODUCT TYPICAL LOT SETBACKS SHEET INDEX TM-1 TITLE SHEET AND SITE PLAN TM-2 EXISTING SITE CONDITIONS TM-3 PRELIMINARY LOTTING PLAN AND STREET SECTIONS TM-4 PRELIMINARY GRADING AND DRAINAGE PLAN TM-5A PRELIMINARY UTILITY PLAN TM-5BPRELIMINARY OFFSITE WATERLINE EXTENSION TM-6 PRELIMINARY STORMWATER CONTROL PLAN TM-7 FIRE ACCESS PLAN TM-8 MOWRY AVENUE PLAN LINE TM-9 OPEN SPACE AREAS TITLE SHEET AND SITE MAP ABBREVIATIONS F:\2872-000\ACAD\TM\ALT AFFORDABLE\TM01.DWG 9/23/2025 10:10 AM OF 33 SHEETS SHEET NO. CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 DATE: AUGUST 13, 2025 JOB NO.: 2872-000 0 50 100 150 MOWRY VILLAGE TRACT 8517 VESTING TENTATIVE MAP CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA 1TM-1 LOT SUMMARY LOT SIZE LOT COUNT Exhibit 5 Project Plans for Design Review

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The Leamington Building
1814 Franklin St, Suite 400
Oakland, CA 94612
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First Floor
4 Bedrooms
3 Baths
2,275 s.f. Approx.

MOWRY VILLAGE 45X75 LOTS CONCEPTUAL PLANS
NEWARK, CA #2018-1115 11-01-2019
4'-0
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16 4 Bedrooms
3 Baths
2,693 s.f. Approx.

NOTE:

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LOTS IN YELLOW INDICATE LOTS TO HAVE CORNER

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45x75 LOTS

FLOOR PLAN SETBACKS
SAMPLE STREET SCENE A0.1
Architecture + Planning
The Leamington Building
1814 Franklin St, Suite 400
Oakland, CA 94612
5102722910
ktgy com

INTEGRAL
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4-5 Bedrooms
3 Baths
2,751 s.f.Approx.

MOWRY VILLAGE 45X80 LOTS CONCEPTUAL PLANS
NEWARK. CA #2018-1115 11-15-2019
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2,851 s.f. Approx.

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First Floor
4-5 Bedrooms
3 Baths
3,043 s. f.

Approx.

NOTE:

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ILLUMINATED, EASILY RECOGNIZED AND CLEARLY

VISIBLE FROM THE ADJACENT ROADWAY
/ " .•
'

NOTTO SCALE
KEY MAP:

LOTS IN YELLOW INDICATE LOTS TO HAVE CORNER

ENHANCED ELEVATIONS
45x80 LOTS
FLOOR PLAN SETBACKS AO 2

SAMPLE STREET SCENE
Architecture+ Planning
The Leamington Building
1814 Franklin St. Suile 400
Oakland. CA 94612
5102722910
ktgycom

INTEGRAL
Communities
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First Floor
4 Bedrooms

3.5 Baths
2,903 s.f. Approx.

MOWRY VILLAGE 50X80 LOTS CONCEPTUAL PLANS
NEWARK. CA #2018-1115 11-15-2019
111,
5'-0"
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3,168 s.f. Approx.

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4-5 Bedrooms

3.5 Baths
3,304 s.f. Approx.
16 '
'
NOTE:

EACH HOUSE ADDRESS SHALL BE WELL PLACED,

ILLUMINATED, EASILY RECOGNIZED AND CLEARLY

VISIBLE FROM THE ADJACENT ROADWAY

NOTTO SCALE
KEY MAP:

LOTS IN YELLOW INDICATE LOTS TO HAVE CORNER

ENHANCED ELEVATIONS
50x80 LOTS
FLOOR PLAN SETBACKS AO 3

SAMPLE STREET SCENE
75'-0"
18'-0" 39'-6" 17'-6" 45'-0"
14'-0" 43'-6" 17'-6" 4'-0" 37'-0" 4'-0"
10'-0" MIN.
18'-0" MIN. 10'-0" MIN.
10'-0" MIN.
7'-6"
5'-0" MIN. First Floor 1024 s.f.Garage 20'-0" x 20'-0" Entry Ba 3 Bedroom 4 / Opt. Office 10'-6" x 13'-6" Dining / Great Room 22'-2" x 18'-2" Kitchen Opt. Covered Open Sided Patio 20'-3" x 10'-0" A/C PAD 17R UP Second Floor 1251 s.f. DN17 R. Lau. Ba. 2 Bedroom 2 11'-6" x 11'-0" Bedroom 3 11'-0" x 11'-10" M. Bath M. Bedroom W.I.C. 14'-8" x 16'-6" 27'-0" l.f. 4 Bedrooms 3 Baths 2275 S.F. Architecture + Planning The Leamington Building 1814 Franklin St., Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com # MOWRY VILLAGE 45X75 LOTS NEWARK, CA 2018-1115 11-01-2019 0 2 4 8 CONCEPTUAL PLANS A1.1 PLAN 1 FLOOR PLAN 4'-0" 37'-0" 4'-0" 45'-0"
75'-0"
10'-0" 50'-0" 15'-0"
18'-0" 42'-0" 15'-0"
10'-0" MIN.
18'-0" MIN. 10'-0" MIN.
10'-0" MIN.
5'-0"
5'-0" MIN. First Floor 1138 s.f.

UP
17R A/C PAD Bedroom 4 11'-4" x 11'-8" Ba. 3 Entry Garage 20'-0" x 20'-0" Great Room 15'-8" x 16'-6" Kitchen Dining Room 11'-0" x 16'-8" Opt. Covered Open Sided Patio 19'-4" x 10'-0" Second Floor 1339 s.f.

DN
17R Bedroom 2 11'-0" x 13'-0" M. Bedroom 15'-0" x 16'-8" W.I.C. 30'-0" l.f. M. Ba. Ba. 2 Bedroom 3 11'-0" x 14'-0" Lau. 4 Bedrooms 3 Baths 2477 S.F. Architecture + Planning The Leamington Building 1814 Franklin St., Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com # MOWRY VILLAGE 45X75 LOTS NEWARK, CA 2018-1115 11-01-2019 0 2 4 8 CONCEPTUAL PLANS A2.1 PLAN 2 FLOOR PLAN First Floor 1193 s.f. 45'-0" 4'-0" 37'-0" 4'-0"
75'-0"
10'-0" 50'-0" 15'-0"
18'-0" 42'-0" 15'-0"
10'-0" MIN.
18'-0" MIN. 10'-0" MIN.
10'-0" MIN.
5'-0"
5'-0" MIN. UP17R A/C PAD Garage 20'-0" x 20'-0" Bedroom 4 10'-3" x 11'-0" Entry Ba. 3 Kitchen Great Room 15'-6" x 19'-6" Dining Room 14'-4" x 11'-2" Opt. Covered Open Sided Patio 15'-0" x 10'-0" DN17R Opt. Bedroom 5 10'-10" x 12'-2" Bedroom 5 Ba. 2 Bedroom 3 11'-9" x 11'-10" Bedroom 2 12'-4" x 12'-0" Lau. M.Bedroom 19'-9" x 16'-2" M. Ba. W.I.C. 30'-0" l.f. Loft / Opt. Bedroom 5 10'-10" x 14'-6" Second Floor 1500 s.f.
4 Bedrooms + Loft
Opt. Bedroom 5 3 Baths2693 S.F. Architecture + Planning The Leamington Building 1814 Franklin St., Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com # MOWRY VILLAGE 45X75 LOTS NEWARK, CA 2018-1115 11-01-2019 0 2 4 8 CONCEPTUAL PLANS A3.1 PLAN 3 FLOOR PLAN First Floor 1240 s.f. Opt. Dining
8'-0" MIN.
10'-O" MIN.
18'-0" MIN. 10'-0" MIN.
10'-0" MIN.
5'-0" MIN.
80'-0"
18'-0" 43'-0" 19'-0" 45'-0" 4'-0" 37'-0"
11'-0"
17'-0" 51'-0" 12'-0"
6'-0"
11'-0" Porch Bath 3 Entry 11'-0" x 11'-4" Bedroom 4 Kitchen pantry 11'-1" x 12'- 4" Dining Room 21'-2" x 16'-11" Great RoomDrop Zone storage 21'-2" x 8'-0" Sided Patio Opt. Covered Open 20'-" x 20'-10" Garage 11'-0" x Dining METERS A/C PAD UP
17R 4'-0" Second Floor 1511 s.f. Opt. B 17'-2" x 15'-6" M. Bedroom M. Bath Linen 30'-0" l.f. W.I.C. Laund. 12'-4" x 12'-0" Bedroom 2 11'-10" x 11'-0" Bedroom 3 Bath 2 Linen 15'-1" x 16'-2" Opt. Bedrm 5 Loft /
DN
17R 4 Bedrooms + Loft
Opt. Bedroom 5 3 Baths2751 S.F. Architecture + Planning The Leamington Building 1814 Franklin St., Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com # MOWRY VILLAGE 45X80 LOTS NEWARK, CA 2018-1115 11-15-2019 0 2 4 8 CONCEPTUAL PLANS A1.1 PLAN 1 FLOOR PLAN First Floor 1311 s.f. 45'-0" 4'-0" 37'-0" 4'-0"
80'-0"
11'-0" 49'-0" 20'-0"
18'-0" 49'-0" 13'-0"
10'-0"
5'-0"MIN.
10'-0"MIN.
10'-0"MIN.
18'-0" MIN.
10'-0" MIN. A/C PAD 15'-8" x 11'-2" Dining Room Kitchen pantry Drop Zone 20'-0" x 20'-0" Garage 20'-4" x 15'-4" Great Room10'-0" x 12'-2" Bedroom 4 Entry Bath 3 20'-4" x 10'-0" Open Sided Patio Opt. Covered storage 17R UP Second Floor 1540 s.f. Optional Bedroom 5 Laund. Bath 2 15'-0" x 15'-4" M. Bedroom M. Bath 30'-0" l.f. W.I.C. Linen 10'-6" x 11'-0" Bedroom 3 10'-6" x 10'-0" Bedroom 2 17R DN14'-6" x 16'-10" Opt. Bedrm 5 Loft / 14'-6" x 14'-6" Bedroom 5 4 Bedrooms + Loft Opt. Bedroom 5 3 Baths2851 S.F. Architecture + Planning The Leamington Building 1814 Franklin St., Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com # MOWRY VILLAGE 45X80 LOTS NEWARK, CA 2018-1115 11-15-2019 0 2 4 8 CONCEPTUAL PLANS A2.1 PLAN 2 FLOOR PLAN First Floor 1370 s.f.
10'-0" MIN.
5'-0" MIN.
10'-0" MIN. 10'-0" MIN.
18'-0" MIN. 45'-0" 4'-0" 37'-0" 4'-0"
80'-0"
19'-0" 42'-6" 18'-6"
10'-0" 60'-0" 10'-0"
8'-6" Entry Bath 3 11'-2" x 11'-6" Bedroom 4 10'-10" x 11'-4" Opt. Den Dining / pantry Kitchen 13'-7" x 11'-4" Nook 20'-2" x 16'-6" Great Room 20'-2" x 21'-2" Garage Drop Zone 20'-6" x 10'-0" Sided Patio Opt. Covered Open A/C PAD UP
17R Second Floor 1673 s.f. M. Bath 15'-7" x 18'-6" M. Bedroom Bath 2 Laund.

Linen 11'-10" x 11'-2" Bedroom 3 11'-6" x 11'-11" Bedroom 2 30'-0" l.f. W.I.C.

Linen 20'-0" x 16'-4" Opt. Bedrm 5 Loft / 13'-8" x 12'-2" Bedroom 5 Suite Bath 4 10'-10" x 11'-4" Den Opt. Bedroom 5 Suite Opt. Den 17R DN 4 Bedrooms + Loft Opt. Bedroom 5 3 Baths3043 S.F. Architecture + Planning The Leamington Building 1814 Franklin St., Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com # MOWRY VILLAGE 45X80 LOTS NEWARK, CA 2018-1115 11-15-2019 0 2 4 8 CONCEPTUAL PLANS A3.1 PLAN 3 FLOOR PLAN First Floor 1370 s.f.
50'-4" 11'-8"
11'-8"
5'-0" MIN.
10'-0" MIN. 5'-0" 40'-0"
10'-0" MIN. 80'-0"
58'-4"
10'-0" MIN.
10'-0" 5'
18'-0" MIN. A/C PAD 26'-10" x 12'-4" Open Sided Patio Opt. Covered 20'-2" x 20'-0" Garage 12'-3" x 10'-9" Bedroom 4 Bath 3 17R UP 20'-4" x 16'-8" Great Room 12'-2" x 12'-2" Dining Room Entry Kitchen Pdr. Drop Zone walk-in pantry 11'-8"
18'-0" Second Floor 1533 s.f. w d 10'-10" x 13'-4" Bedroom 2 14'-8" x 12'-4" Bedroom 3 Bath 2 Laund. 15'-0" x 16'-6" M. Bedroom Linen 17R DN33'-0" l.f. W.I.C. M. Bath 4 Bedrooms

3.5 Baths 2903 S.F. Architecture + Planning The Leamington Building 1814 Franklin St., Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com # MOWRY VILLAGE 50X80 LOTS NEWARK, CA 2018-1115 11-15-2019 0 2 4 8 CONCEPTUAL PLANS A1.1 PLAN 1 FLOOR PLAN First Floor 1451 s.f.
47'-0" 15'-0"
10'-0" 5'-0" 40'-0" 5'-0" 50'-0"60'-0" 10'-0"
5'-0" MIN.
10'-0" MIN. 18'-0" MIN.
10'-0" MIN. 20'-0" x 20'-4" Garage Entry Pdr. Kitchen storage zone drop pantry linen 18'-10" x 16'-10" Great Room UP 17R 11'-4" x 11'-6" Bedroom 4 Bath 3 A/C PAD 10'-6" x 16'-6" Open Sided Patio Optional Covered 18'-10" x 12'-4" Dining Room 18'-0" Second Floor 1717 s.f. 11'-5" x 11'-6" Bedroom 2 Bath 2 Laund. 11'-3" x 11'-10" Bedroom 3 M. Bath 16'-4" x 16'-0" M. Bedroom 31'-0" l.f. W.I.C. linen below open to linen low linen low DN
17R 18'-10" x 13'-6" Opt. Bedrm 5 Loft / Opt. Bedroom 5 12'-4" x 11'-4" Bedroom 5 4 Bedrooms + Loft Opt. Bedroom 5 3.5 Baths3168 S.F. Architecture + Planning The Leamington Building 1814 Franklin St., Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com # MOWRY VILLAGE 50X80 LOTS NEWARK, CA 2018-1115 11-15-2019 0 2 4 8 CONCEPTUAL PLANS A2.1 PLAN 2 FLOOR PLAN First Floor 1492 s.f. 5'-0" 50'-0"
49'-0" 18'-0"
10'-0" 51'-0" 19'-0"
10'-0" MIN.
10'-0" MIN.
10'-0" MIN.
13'-0" Bath 3
18'-0" MIN. 40'-0" 5'-0"
9'-0"
5'-0" MIN. 20'-0" x 20'-4" GarageKitchen 18'-2" x 12'-4" Dining Room UP 17R Pdr. 11'-4" x 15'-8" Suite Bedroom 4 Entry pantry zone drop 18'-8" x 16'-10" Great Room 19'-3" x 10'-0" Open Sided Patio Optional Covered PAD A/C Porch Second Floor 1812 s.f. Open To Below Storage Laund. Laund. Bath 4 13'-5" x 17'-0" Opt. Bedrm 5 Loft / 13'-5" x 11'-6" Bedroom 5 Opt. Bedroom 5 16'-9" x 17'-5" M. Bedroom M. Bath 35'-0" l.f. W.I.C. 11'-4" x 13'-3" Bedroom 2 11'-0" x 11'-0" Bedroom 3Bath 2 17R DN 17R DN Linen Linen 4 Bedrooms + Loft Opt. Bedroom 5 / Bath 4 3.5 Baths3304 S.F. Architecture + Planning The Leamington Building 1814 Franklin St., Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com # MOWRY VILLAGE 50X80 LOTS NEWARK, CA 2018-1115 11-15-2019 0 2 4 8 CONCEPTUAL PLANS A3.1 PLAN 3 FLOOR PLAN Architecture + Planning
The Leamington Building
1814 Franklin Street
Suite 400Oakland, CA 94612
510.272.2910
ktgy.com

MOWRY VILLAGE APARTMENTS
NEWARK, CA # 20230877

VISIONING
JUNE 03, 2025 A0.1 SHHET INDEX
INDEX:

A 0.1 - SHEET INDEXA 1.0 - SITE PLANA 2.0 - BUILDING PLAN - LEVEL 1A 2.1 - BUILDING PLAN - LEVEL 2A 2.2 - BUILDING PLAN - LEVEL 3A 3.0 - BUILDING ELEVATIONSA 3.1 - BUILDING ELEVATIONSA 5.0 - BUILDING SECTIONA 6.0 - BUILDING PERSPECTIVEA 6.1 - BUILDING PERSPECTIVEA 7.0 - UNIT PLANS

MOWRY VILLAGE APARTMENTS, NEWARK CA
MOWRY AVENUE Plaza Open Space
24'-0"
24'-0"
4'-6"
10'-0"
Parking Residential (3-Stories)
Amenity
(2-Stories
Double height) Trash Trash / Loading Utility Utility 0 10 20 40 A1.0 SITE PLAN Architecture + Planning The Leamington Building 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com MOWRY VILLAGE APARTMENTS NEWARK, CA # 20230877 VISIONING SEPTEMBER 23, 2025 MOWRY AVENUE Trash Amenity P 2-1 Elev. P3-1 P 1-0 P 1-0 P 3-0 P 1-0 P 2-0 Utility/ Storage P 1-0 P 1-0 Utility/ Storage193'-3" 70'-6" Architecture + Planning The Leamington Building 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com MOWRY VILLAGE APARTMENTS NEWARK, CA # 20230877 VISIONING JUNE 03, 2025 A2.0 BUILDING PLAN LEVEL 1 0 4 8 16 30"x48" 30"x48" 193'-3" Open to Below Roof Below MOWRY AVENUE P 1-0P 2-0 P 1-0 P 3-0 Trash P3-1 P 1-0 Elev. P 2-1 P 3-0 70'-6" Utility/ Storage P 2-0 Utility P 1-0 P 1-0 Architecture + Planning The Leamington Building 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com MOWRY VILLAGE APARTMENTS NEWARK, CA # 20230877 VISIONING JUNE 03, 2025 A2.1 BUILDING PLAN LEVEL 2 0 4 8 16 MOWRY AVENUE Roof Below 193'-3"
70'-6" Roof Below 30"x48" 30"x48" P 1-0P 2-0 P 1-0 P 3-0 Trash P3-1 P 1-0 Elev. P 2-1 P 3-0 Utility/ Storage P 2-0 Utility P 1-0 P 1-0 Architecture + Planning The Leamington Building 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com MOWRY VILLAGE APARTMENTS NEWARK, CA # 20230877 VISIONING JUNE 03, 2025 A2.2 BUILDING PLAN LEVEL 3 0 4 8 16 Level 1
10'-3" 10'-3"
±34'-0" Level 2 Level 3
10'-3" T.O.P. Mid-point of highest gable roof Top of roof ridge ±38'-0" Level 1
10'-3" 10'-3"
±34'-0" Level 2 Level 3
10'-3" T.O.P. Mid-point of highest gable roof Top of roof ridge ±38'-0" Architecture + Planning The Leamington Building 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com MOWRY VILLAGE APARTMENTS NEWARK, CA # 20230877 VISIONING JUNE 03, 2025 3.0 BUILDING ELEVATIONS Material Legend: 1. Cementitious Lap Siding 2. Vinyl Window 3. Composite Railing 4. Cementitious Trim 5. Rafter Tails 6. Composite Roof 1 2 1. Right Elevation 2. Front Elevation 1 1 2 3 1 2 4 4 5 5 6 6 0 4 8 16 1 Level 1
10'-3" 10'-3"
±34'-0" Level 2 Level 3
10'-3" T.O.P. Mid-point of highest gable roof Top of roof ridge ±38'-0" Level 1
10'-3" 10'-3"
±34'-0" Level 2 Level 3
10'-3" T.O.P. Mid-point of highest gable roof Top of roof ridge ±38'-0" Architecture + Planning The Leamington Building 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com MOWRY VILLAGE APARTMENTS NEWARK, CA # 20230877 VISIONING JUNE 03, 2025 3.1 BUILDING ELEVATIONS 1 2 1. Right Elevation 2. Front Elevation 1 3 Material Legend: 1. Cementitious Lap Siding 2. Vinyl Window 3. Composite Railing 4. Cementitious Trim 5. Rafter Tails 6. Composite Roof 1 2 1 2 4 4 5 6 5 6 0 4 8 16 1 Level 1
10'-3" 10'-3"
±34'-0"
Level 2Level 3
10'-3"
T.O.P.Mid-point of highest gable roof
±38'-0"
Top of roof ridge
AC Condensers
in roof well
Unit StairsUnitUnit
UnitUnitUnit
UnitUnitUnit
Amenity
UnitUnitUnit
UnitUnitUnit
StairsStairs
UnitUnitUnit
Architecture + Planning
The Leamington Building
1814 Franklin Street
Suite 400Oakland, CA 94612
510.272.2910
ktgy.com

MOWRY VILLAGE APARTMENTS
NEWARK, CA # 20230877

VISIONING
JUNE 03, 2025 A4.0 BUILDING SECTION
1 1. Section
1 0 4 8 16
Architecture + Planning The Leamington Building 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com MOWRY VILLAGE APARTMENTS NEWARK, CA # 20230877 VISIONING JUNE 03, 2025 6.0 BUILDING PERSPECTIVES FRONT VIEW 1 Architecture + Planning The Leamington Building 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com MOWRY VILLAGE APARTMENTS NEWARK, CA # 20230877 VISIONING JUNE 03, 2025 6.1 BUILDING PERSPECTIVES AMENITY VIEW 1 02 9'-7"x10'-0"
01 17'-1"x9'-0"
03 04
18'-2"
30'-0"
1 BEDROOM1 BATHPLAN 1-0
02 10'-7"x10'-7"
01 11'-5"x17'-0"
04 02
10'-1"x17'-0"
03 34'-0"
32'-6"
2 BEDROOM1 BATHPLAN 2-0
Architecture + Planning
The Leamington Building
1814 Franklin Street
Suite 400Oakland, CA 94612510.272.2910
ktgy.com

MOWRY VILLAGE APARTMENTS
NEWARK, CA # 20230877

VISIONING
JUNE 03, 2025 7.0 TYPICAL UNIT PLANS

CALLOUT LEGEND
01 GREAT ROOM02 BEDROOM03 BATHROOM04 KITCHEN05 BALCONY

MOWRY AVENUE
PARCEL 2
APN 537-0850-002
PARCEL 1
APN 537-0850-001-11
PARCEL 3
APN 537-0850-001-13

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X X X X X X X X X X X X X X X X MOWRY AVENUE
F:\2872-000\ACAD\TM\ALT AFFORDABLE\TM02.DWG8/13/2025 3:33 PM OF 33 SHEETS
SHEET NO.

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

SACRAMENTO
(925) 866-0322
(916) 375-1877
DATE: AUGUST 13, 2025
JOB NO.: 2872-000
0 50 100 150
MOWRY VILLAGE TRACT 8517

VESTING TENTATIVE MAP

CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA

EXISTING SITE CONDITIONS
LEGEND
OHW

X X X X
EXCEPTIONS AND EXCLUSIONS:
#
1 6
5 7
8 9
13 2
TM-2
2 4
12 SEE BELOW SEE ABOVE
'A' STREET
'C' STREET 'D' AVENUE 'E' AVENUE 'F' AVENUE 'G' DRIVE
'B' STREET COURT 1 PARCEL B PARCEL D PARCEL E PARCEL F PARCEL A PARCEL G MOWRY AVENUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 65 63 62 77 76 75 74 73 72 71 70 69 68 67 66 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 102 101 100 99 98 97 96 95 94 107 106 105 104 103 108 109 110 111 112 113 114 115 116 117 118 119 120121122123 124 125 126 127 128 129 135 134 133 132 131 130 138 137 136 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 195 194 193 192 191 190 189 188 187 186 185 184 183 182 181 180 179 178 177 176 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 139 140 196 175 64 PARCEL C PARCEL C PARCEL H F:\2872-000\ACAD\TM\ALT AFFORDABLE\TM03.DWG 8/13/2025 3:34 PM OF 33 SHEETS SHEET NO. CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 DATE: AUGUST 13, 2025 JOB NO.: 2872-000 0 50 100 150 MOWRY VILLAGE TRACT 8517 VESTING TENTATIVE MAP CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA 'A' STREET, 'C' STREET, 'D' AVENUE, 'E' AVENUE, 'F' AVENUE, 'G' DRIVE' (PRIVATE ) 5'-0" S/W 10'-0" TRAVEL LANE 46'-0" 0 2' 4' 10' SCALE: 1"=10' 8'-0" PARKING 36'-0" 5'-0" S/W 10'-0" TRAVEL LANE 8'-0" PARKING LEGEND 185 PRELIMINARY LOTTING PLAN CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA 'B' STREET SECTION (PRIVATE) 5'-0" S/W 10'-0" TRAVEL LANE 72'-0" 0 2' 4' 10' SCALE: 1"=10' 8'-0" PARKING 36'-0" 5'-0" S/W 10'-0" TRAVEL LANE 8'-0" PARKING 13'-0" L/S PARCEL SUMMARY PARCEL DESCRIPTION AREA (SF) OWNER 0 2' 4' 10' SCALE: 1"=10' COURT 1 SECTION (PRIVATE) DW BEVELED CURB AND GUTTER 12'-0" TRAVEL LANE 12'-0" TRAVEL LANE 24'-0" BEVELED CURB AND GUTTER DW BEVELED CURB AND GUTTER BEVELED CURB 5'-0" AND GUTTER S/W TBC-TBC FC-FC ROW ROW TBC-TBC 29'-0" ROW SCALE: 1"=10' 0 2' 4' 10' MODIFIED SIGHT TRIANGLE 3TM-3 4'-0" L/S 54'-0" 0 2' 4' 10' SCALE: 1"=10' 6'-0" BIKE LANE 7'-0" MOWRY AVENUE (PUBLIC) S/W 2'-0" L/S 12'-0" TRAVEL LANE 12'-0" MEDIAN/ LEFT TURN LANE 12'-0" TRAVEL LANE 6'-0" BIKE LANE 4'-0" VARIES 96' - 104'± PROPOSED ROW TC-TC VARIES SEE NOTE 1 49'-6" EXISTING ROW L/S MASONRY WALL 3'-0" BUFFER 3'-0" BUFFER ALAMEDA COUNTY FLOOD CONTROL LINE B MAINTAIN TOP OF BERM ELEVATION 100-YR EL 8.3 MIN TC 10.2-13 NOTE: 1. RIGHT OF WAY LOCATION VARIES ALONG CHANNEL ALIGNMENT TOP OF BANK SCALE: 1"=10' 0 2' 4' 10' ENTRANCE SIGHT TRIANGLE 13'-0" L/S EVCS
EVCS
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'C' STREET 'F' AVENUE
'B' STREET O PARCEL A PARCEL D
PARCEL E COURT 1 PARCEL B MOWRY AVENUE N L G P H J 'G' DRIVE PARCEL C C A F I M K Q R E B D 'A' STREET 'E' AVENUE PARCEL G 72 113 114 115 116 117 'D' AVENUE PARCEL F 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 65 63 62 61 77 76 75 74 73 71 70 69 68 67 66 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 107 106 105 104 103 102 101 100 99 98 97 96 95 94 108 109 110 111 112 118 119 120121122123 124 125 126 127 128 129 137 136 135 134 133 132 131 130 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 178 177 176 179 195 194 193 192 191 190 189 188 187 186 185 184 183 182 181 180 27 26 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 139 140 196 138 64 175 PARCEL H S 187 PLAN 3 TYPICAL LOT GRADING X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X SECTION Q X X SECTION R X X X X SECTION P SECTION LX X SECTION G SECTION C SECTION H SECTION J X X X X SECTION BSECTION F SECTION I SECTION KX X SECTION MX X SECTION A SECTION D X X SECTION E X X X X SECTION N X X SECTION O X X EVCS PARCEL H 'A' STREET SECTION S F:\2872-000\ACAD\TM\ALT AFFORDABLE\TM04.DWG 8/22/2025 2:53 PM OF 33 SHEETS SHEET NO. CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 DATE: AUGUST 13, 2025 JOB NO.: 2872-000 0 50 100 150 MOWRY VILLAGE TRACT 8517 VESTING TENTATIVE MAP CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA PRELIMINARY GRADING & DRAINAGE 4TM-4 EARTHWORK VOLUMES (CY) ACCESSIBLE PATH GRADING PARCEL H PARKING SUMMARY DESCRIPTION SYMBOL EVCS EVR EV 'E' AVENUE 'F' AVENUE 'A' STREET 'G' DRIVE 'C' STREET COURT 1 'D' AVENUE MOWRY AVENUE 'B' STREET 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 66 65 63 76 75 74 73 72 71 70 69 68 67 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 97 96 95 94 107 106 105 104 103 102 101 100 99 98 108 109 110 111 112 113 114 115 116 117 118 119 120121122123 124 125 126 127 128 129 135 134 133 132 131 130 138 137 136139 140 141 142 143 144 145146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 196 195 194 193 192 191 190 189 188 187 186 185 184 183 182 181 180 179 178 177 176 175 64 PARCEL H MOWRY AVENUE PARCEL H PARCEL H F:\2872-000\ACAD\TM\ALT AFFORDABLE\TM05A.DWG 8/13/2025 3:35 PM OF 33 SHEETS SHEET NO. CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 DATE: AUGUST 13, 2025 JOB NO.: 2872-000 0 50 100 150 MOWRY VILLAGE TRACT 8517 VESTING TENTATIVE MAP CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA PRELIMINARY UTILITY PLAN LEGENDOHW

SEE BELOW
SEE ABOVE 5TM-5A SEE SHEET TM-5B SEE SHEET TM-5B AFFORDABLE BUILDING WATER SERVICES MOWRY AVENUE AA BB F:\2872-000\ACAD\TM\ALT AFFORDABLE\TM05B.DWG 8/13/2025 3:36 PM OF 33 SHEETS SHEET NO. CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 DATE: AUGUST 13, 2025 JOB NO.: 2872-000 0 50 100 150 MOWRY VILLAGE TRACT 8517 VESTING TENTATIVE MAP CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA PRELIMINARY OFFSITE WATERLINE EXTENSION LEGEND SEE BELOW 6TM-5B
SEE SHEET TM-5A SEE ABOVE SEE SHEET TM-5A SECTION A-A SECTION B-B MOWRY AVENUE DMA 3 0.50 AC DMA 4 0.40 AC PARCEL H 'G' DRIVE 'F' AVENUE 'A' STREET 'E' AVENUE 'B' STREET 'D' AVENUE 'C' STREET MOWRY AVENUE DMA 2 18.06 AC DMA 3 0.50 AC DMA 1 9.97 AC DMA 4 0.40 AC DMA 5 0.36 AC DMA 6 0.28 AC DMA 7 0.40 AC DMA 8 0.40 AC DMA 9 0..30 AC DMA 10 0.23 AC COURT 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 63 62 67 66 65 76 75 74 73 72 71 70 69 68 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 97 96 95 94 107 106 105 104 103 102 101 100 99 98 108 109 110 111 112 113 114 115 116 117 118 119 120121122123 124 125 126 127 128 129 135 134 133 132 131 130 138 137 136 139 140 141 142 143 144 145146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 196 195 194 193 192 191 190 189 188 187 186 185 184 183 182 181 180 179 178 177 176 64 175 PARCEL H BIORETENTION SECTION F:\2872-000\ACAD\TM\ALT AFFORDABLE\TM06.DWG 8/13/2025 3:37 PM OF 33 SHEETS SHEET NO. CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 DATE: AUGUST 13, 2025 JOB NO.: 2872-000 0 50 100 150 MOWRY VILLAGE TRACT 8517 VESTING TENTATIVE MAP CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA PRELIMINARY STORMWATER CONTROL PLANLEGEND DMA 1 15.4 AC PRE PROJECT AND POST PROJECT COMPARISON IMPERVIOUS (%) PERVIOUS (%) TOTAL (%) PRE-PROJECT POST-PROJECT 7 SEE ABOVE TM-6 DRAINAGE MANAGEMENT SUMMARY TABLE DRAINAGE MANAGEMENT AREA TOTAL AREA (SF) TOTAL IMPERVIOUS AREA (SF) TOTAL PERVIOUS AREA (SF) DMA 1 434,355 289,437 144,918 291,827 TOTAL 1,220,947 784,202 436,745 DMA 2 15,730 9,128 24,858 786,592 494,765 OFFSITE DRAINAGE MANAGEMENT SUMMARY TABLE DRAINAGE MANAGEMENT AREA TOTAL AREA (SF) TOTAL IMPERVIOUS AREA (SF) TOTAL PERVIOUS AREA (SF) DMA 3 DMA 4 DMA 5 DMA 6 SEE BELOW DMA 7 DMA 8 DMA 9 DMA 10 TOTAL 21,846 16,144 5,702 501 17,461 13,828 3,633 426 15,761 10,765 4,996 338 12,210 8,660 3,550 270 17,642 12,240 5,402 383 14,636 10,969 3,667 340 12,888 8,778 4,110 276 10,076 7,223 2,853 225 122,520 88,607 33,913 2,759 EFFECTIVE IMPERVIOUS AREA (SF) 303,209 523,948 827,157 4% TREATMENT AREA(SF) TREATMENT AREA BASED ON FLOW & VOLUME(SF) 3% TREATMENT AREA(SF) PROPOSED TREATMENT AREA(SF) 15,718 9,118 24,836 20,958 12,157 33,115 14,543 8,436 22,979 EFFECTIVE IMPERVIOUS AREA (SF) 4% TREATMENT AREA(SF) TREATMENT AREA BASED ON FLOW & VOLUME(SF) 3% TREATMENT AREA(SF) PROPOSED TREATMENT AREA(SF) 16,714 14,191 11,265 9,015 12,780 11,336 9,189 7,508 91,998 669 568 451 361 511 453 368 300 3,681 464 394 313 250 355 315 255 208 2,554 501 426 338 270 383 340 276 225 2,759

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 COURT 1 'B' STREET 'A' STREET
'C' STREET 'D' AVENUE 'E' AVENUE 'F' AVENUE 'G' DRIVE

PARCEL D

PARCEL E
PARCEL F PARCEL A PARCEL G MOWRY AVENUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 26 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 63 62 67 66 65 76 75 74 73 72 71 70 69 68 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 97 96 95 94 107 106 105 104 103 102 101 100 99 98 108 109 110 111 112 113 114 115 116 117 118 119 120121122123 124 125 126 127 128 129 135 134 133 132 131 130 138 137 136 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 196 195 194 193 192 191 190 189 188 187 186 185 184 183 182 181 180 179 178 177 176 175 64 PARCEL B PARCEL C PARCEL H MOWRY AVENUE PARCEL DPARCEL H MOWRY AVENUE GRAVEL DRIVEWAY SECTION F:\2872-000\ACAD\TM\ALT AFFORDABLE\TM07.DWG 8/13/2025 3:37 PM OF 33 SHEETS SHEET NO. CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 DATE: AUGUST 13, 2025 JOB NO.: 2872-000 0 50 100 150 MOWRY VILLAGE TRACT 8517 VESTING TENTATIVE MAP CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA FIRE ACCESS PLAN LEGEND ALAMEDA COUNTY FIRE TRUCK TURN TEMPLATE FOR THE CITY OF NEWARK (ARROW XT QUINT 105) PROPOSED FIRE HYDRANT FIRE APPARATUS ACCESS ROAD PARKING STALL 8 NO PARKING(FIRE LANE) SIGN TM-7

SEE BELOW

SEE ABOVE LIMIT OF PROJECT WORK FIRE APPARATUS ACCESS CARGILL ACCESS ROUTE CROSSING DETAIL 'A' STREET OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW A MOWRY AVENUE 196 PARCEL H MOWRY AVENUE 'B' STREET 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 C B 196 195 194 193 192 191 190 189 188 187 186 185 184 183 182 181 180 179 178 177 176 175 MOWRY AVENUE CHERRY STREET F:\2872-000\ACAD\TM\ALT AFFORDABLE\TM08.DWG 8/13/2025 3:38 PM OF 33 SHEETS SHEET NO. DATE: AUGUST 13, 2025 JOB NO.: 2872-000 MOWRY VILLAGE TRACT 8517 VESTING TENTATIVE MAP CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA MOWRY AVENUE PLAN LINE9TM-8 ROADWAY TRANSITION CALCULATIONS 0 30 60 90 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877

SEE BELOW
SEE ABOVE 78'-0" 0 2' 4' 10' SCALE: 1"=10' SECTION A 14'-0" TRAVEL LANE 6'-0" BIKE LANE TC-TC 10'-0" PARKING 14'-0" LEFT TURN LANE LANE 14'-0" TRAVEL LANE 14'-0" RIGHT TURN LANE 6-0" BIKE LANE 49'-6" 0 2' 4' 10' SCALE: 1"=10' SECTION C ROW 10'-0"± TRAVEL LANE 19'-0" LANDSCAPE 10'-0"± TRAVEL LANE 10'-6" LANDSCAPE 71'-0" ROW 19'-0" CITY OF NEWARK 0 2' 4' 10' SCALE: 1"=10' SECTION B SEE BELOW 4'-0" L/S 54'-0" 6'-0" BIKE LANE 7'-0" S/W 2'-0" L/S 12'-0" TRAVEL LANE 12'-0" MEDIAN/ LEFT TURN LANE 12'-0" TRAVEL LANE 6'-0" BIKE LANE 4'-0" VARIES 96' - 104'± PROPOSED ROW TC-TC VARIES SEE NOTE 1 49'-6" EXISTING ROW L/S MASONRY WALL 3'-0" BUFFER 3'-0" BUFFER ALAMEDA COUNTY FLOOD CONTROL LINE B MAINTAIN TOP OF BERM ELEVATION 100-YR EL 8.3 MIN TC 10.2-13 NOTE: 1. RIGHT OF WAY LOCATION VARIES ALONG CHANNEL ALIGNMENT TOP OF BANK X X X X X X X 1,466± SF 1,376± SF 1,466± SF 1,854± SF 21,624± SF MOWRY AVENUE 1,954± SF 'A' STREET 'C' STREET 'D' AVENUE 'E' AVENUE 'F' AVENUE 'G' DRIVE 'B' STREET
COURT 1 PARCEL B

PARCEL D

PARCEL E
PARCEL F PARCEL A PARCEL G MOWRY AVENUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 77 76 75 74 73 72 71 70 69 68 67 66 65 63 62 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 9394 95 97 96 107 106 105 104 103 102 101 100 99 98 108 109 110 111 112 113 114 115 116 117 118 119120121122123 124 125 126 127 128 129 138 137 136 135 134 133 132 131 130 139 140 141 142 143 144 145146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 179 178 177 176 196 195 194 193 192 191 190 189 188 187 186 185 184 183 182 181 180 175 64 PARCEL C 1,854± SF 1,919± SF 1,919± SF 1,984± SF 1,984± SF PARCEL H 8,230± SF F:\2872-000\ACAD\TM\ALT AFFORDABLE\TM09.DWG 8/13/2025 3:38 PM OF 33 SHEETS SHEET NO. CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 DATE: AUGUST 13, 2025 JOB NO.: 2872-000 0 50 100 150 MOWRY VILLAGE TRACT 8517 VESTING TENTATIVE MAP CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA OPEN SPACE AREAS 10TM-9 COMMON OPEN SPACE LEGEND: SUMMARY PARCEL DESCRIPTION AREA (SF±) TYPICAL PRIVATE OPEN SPACE OPEN SPACE SUMMARY DESCRIPTION REQUIRED PROVIDED PRIVATE OPEN SPACE SUMMARY DESCRIPTION REQUIRED PROVIDED NOTE:
1 EXHIBIT 6

AFFORDABLE HOUSING OBLIGATION SATISFACTION AGREEMENT FOR THE

MOWRY VILLAGE PROJECT

THIS AFFORDABLE HOUSING OBLIGATION SATISFACTION AGREEMENT FOR THE MOWRY VILLAGE PROJECT (“Agreement”) is made as of the Effective Date (as defined hereinbelow) by and between the CITY OF NEWARK, a California municipal corporation (the “City”), on the one hand, and THE MOWRY PROJECT OWNER, LLC, a Delaware limited liability company (“Developer”), on the other hand.

RECITALS
A. Newark Municipal Code (“NMC”) Chapter 17.18 requires that developers of residential housing units pay a housing impact fee to contribute to the supply of housing for households with very low, low, and moderate incomes (the “Housing Impact Fee”) unless an alternative means of compliance is approved in the discretion of the City Council.

B. NMC Section 17.18.050 allows a developer to provide affordable units as an alternative means of compliance to paying the Housing Impact Fee, provided that the proposed alternative means of compliance is reviewed by the Planning Commission and approved by the City Council in accordance with the procedures set forth in Section 17.18.050.

C. Developer is currently applying for entitlements for approximately twenty-nine and 2/10ths (29.2) acres of real property in the City of Newark, County of Alameda, State of California, more particularly described in the legal description attached hereto as Exhibit A and incorporated herein by this reference (the “Mowry Village Property”). Developer proposes to develop the Mowry Village Property with approximately 196 market rate dwelling units, and a multifamily affordable housing development containing no fewer than 30 affordable units and 1 manager’s unit (together, the “Mowry Village Project”). Developer intends to cause the development of the multifamily affordable housing development (“Affordable Housing Development”) at its own cost and expense on a portion of the Mowry Village Property.

Developer shall then contract with a qualified affordable housing management company, approved by City Manager, to act as the property manager for the Affordable Housing Development (“Affordable Housing Manager”).

D. In connection with the application for entitlements for the Mowry Village Project, Developer has applied for a density bonus and certain other incentives, concessions and development standard modifications pursuant to NMC Section 17.19 and Government Code Section 65915.

E. This Agreement is entered into for the purpose of establishing the appropriate amount of affordable housing to be provided by the Mowry Village Project, and shall constitute the affordable housing program for the Mowry Village Project. This Agreement is intended to satisfy the requirement for a binding and recorded document for alternative means of compliance pursuant to NMC Section 17.18.050(B)(1), and the requirement for a Density Bonus Housing Agreement pursuant to NMC Section 19.19.060.
2 F. Pursuant to NMC Section 17.18.050(E), the City Council has determined that an alternative means of causing the development and operation of a multifamily housing development containing 30 affordable housing units, consisting of 10 Very Low and 20 LowerIncome Units, better addresses the City’s needs than payment of the Housing Impact Fee, in that it produces actual affordable units and includes it within a larger market rate project, thus not unduly concentrating affordable housing in one geographic area.

NOW, THEREFORE, in consideration of the foregoing recitals which are hereby incorporated into the operative provisions of this Agreement by this reference and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and the Developer agree as follows:

1. Definitions.

1.1 “Affordable Dwelling Unit” shall mean each of the dwelling units required to satisfy the Affordable Housing Obligation.

1.2 “Affordable Housing Declaration” shall mean an Affordable Housing Declaration of Covenants and Restrictions to ensure the continued availability of Affordable Housing Development for a term of 55 years consistent with the affordability levels set forth in the Affordable Housing Obligation and shall be substantially in the form attached hereto as Exhibit C.

1.3 “Affordable Housing Manager” shall mean the entity selected by Developer, subject to the reasonable approval of the City Manager, which shall serve as the property manager of the Affordable Housing Development.

1.4 “Affordable Housing Obligation” shall mean the obligation to construct the following Affordable Housing Development to satisfy the affordable housing need created by the Mowry Village Project set forth below:

Units
Very Low-Income Household (30-50% AMI) 10
Low Income Household (50-80% AMI) 20
Manager Unit (Unrestricted) 1
Total 31
Developer shall provide a mix of one, two and three bedroom Affordable Dwelling Units. The unit mix, services, and development program for the Affordable Housing Development shall meet the standards of the Large Family housing type project defined in Sections 10300 through 10337 of California Code of Regulations, Title 4, Division 17, Chapter 1 (even if this regulation does not apply by law to the Affordable Housing Development). However, the City Manager may approve, in his or her reasonable discretion, an alternative unit mix as necessary to maximize access to financing and meet community needs.
3 1.5 “Affordable Housing Site” shall mean the portion of the Mowry Village Property as depicted on Exhibit D attached hereto and incorporated herein by this reference. The Affordable Housing Site may be reasonably relocated by the Developer on the Mowry Village Property, and sized as necessary to accommodate the actual number of Affordable Dwelling Units required hereunder, with the approval of the City. The City, acting in its governmental capacity as the regulatory agency, shall have all rights to review and approve or disapprove any request for relocation of the Affordable Housing Site in accordance with the NMC, and shall maintain the same discretion over such matters as it has with respect to any other development applications submitted to City. The final boundaries of the Affordable Housing Site will be determined by an approved lot line adjustment or final map, as the case may be, for the Mowry Village Project, and upon recordation of the lot line adjustment or final map the Affordable Housing Site shall be deemed to be revised to conform to the adjusted lot or final map.

1.6 “Area Median Income” or “AMI” shall mean the area median income for the County of Alameda (“County”) as published annually by the California Department of Housing and Community Development, and determined in accordance with the U.S. Department of Housing and Urban Development criteria then in effect and published from time to time. For purposes of this Agreement, the qualifying limits shall be those limits for the County, as set forth in Title 25, California Code of Regulations, section 6932, as that section may be amended, modified or recodified from time to time. If the California Code of Regulations is amended or modified during the term of this Agreement so that such regulations do not specify the area median income for the County, the City and Developer shall negotiate in good faith to determine an equivalent authoritative source which determines median income for the County.

1.7 “Effective Date” shall mean, after execution by the parties, the earlier of the date (i) Developer acquires fee title to the Mowry Village Property, or (ii) the date the final map for the Mowry Village Property, or any portion thereof in the case of a phased final map, is recorded. Developer shall provide notice of the acquisition of the Mowry Village Property within five (5) business days of acquiring fee title. The parties acknowledge execution of this Agreement shall be included as a condition of approval of the final map.

2. Term of Agreement. This Agreement shall become operative and commence upon the Effective Date and remain in effect until a Termination Event has occurred. Upon the expiration or termination of the term, this Agreement shall be deemed terminated, and have no further force and effect. “Termination Event” shall be defined as the completion, as evidenced by the issuance of a certificate of occupancy or equivalent, of the Affordable Housing Development containing Affordable Dwelling Units in a number equal to or greater than the Affordable Housing Obligation. The Term may be extended at the discretion of the City Manager upon the City Manager’s finding that sufficient progress has been made by the Developer in achieving Performance Milestones. A Termination Event shall not terminate the Affordable Housing Regulatory Agreement.

3. Satisfaction of Affordable Housing Obligation Under City’s Affordable Housing Program. In-full satisfaction of the requirement to pay affordable housing impact fees as set forth in NMC Chapter 17.18, Developer shall satisfy one hundred percent (100%) of the Affordable Housing Obligation for the Mowry Village Project by the performance of all of its 4 obligations under this Agreement, by the times set forth in the Performance Milestones, including without limitation the following:
(a) Causing, at Developer’s sole expense and at no cost to City, construction of a multifamily housing project containing no less than thirty (30) Affordable Dwelling Units and a manager’s unit on the Affordable Housing Site (the “Affordable Housing Development”), which is situated upon the Mowry Village Property, and making those Affordable Dwelling Units available for occupancy by persons or households meeting the criteria of the Affordable Housing Regulatory Agreement. Developer’s general contractor or another person or entity reasonably acceptable to the City shall provide a completion guaranty for the completion of construction of the Affordable Housing Development, in a form acceptable to the City Attorney. (b) Recording the Affordable Housing Declaration in accordance with Section 10 hereof and causing the recordation of the Affordable Housing Regulatory Agreement in accordance with Section 4 hereof.
(c) Contracting with the Affordable Housing Manager to lease and operate the Affordable Housing Development in compliance with the Affordable Housing Regulatory Agreement.

4. Recordation of Affordable Housing Regulatory Agreement. Developer shall execute and record against the Affordable Housing Site the Affordable Housing Regulatory Agreement (the “Affordable Housing Regulatory Agreement”) requiring the Affordable Housing Development to provide no less than thirty (30) Affordable Dwelling Units and one (1) manager’s unit, and restricting the use and development of the Affordable Housing Site to such use, in substantially the form attached hereto as Exhibit F. The Affordable Housing Regulatory Agreement shall be executed and recorded concurrently with the closing of construction financing for the Affordable Housing Development and prior to commencement of construction of the Affordable Housing Development.

5. Performance Milestones. Developer shall use good faith and commercially reasonable efforts to perform all obligations under this Agreement within the times set forth in the Performance Milestones set forth on Exhibit E, as they may be extended by Section 15.8 or such other later date as agreed to in writing by the City Manager.

6. Selection of Qualified Affordable Housing Manager. Developer shall provide City with the identity and qualifications of the proposed Affordable Housing Manager prior to commencement of construction of the Affordable Housing Development. The City Community Development Director shall have thirty (30) days from receipt of such information to reasonably approve or disapprove the proposed Affordable Housing Manager. Developer shall have the right, in its sole and absolute discretion, to propose the replacement of the Affordable Housing Manager, subject to the reasonable approval of the Community Development Director, as provided in the Affordable Housing Regulatory Agreement.

7. Transfer of Affordable Housing Site. Developer may, but is not obligated to, transfer the Affordable Housing Site to the approved Affordable Housing Manager or another qualified affordable housing operator/owner, such as USA Properties Fund or Jamboree Housing 5 Corporation. If a transfer is proposed after completion of the construction of the Affordable Housing Development, the transfer shall be subject to the approval of the City Manager pursuant to the Affordable Housing Regulatory Agreement, which shall not be unreasonably delayed, conditioned or withheld.

8. Financing Plan. Developer has submitted a preliminary financing plan to the City which sets forth the Developer’s proposed plan for financing construction and development of the proposed Affordable Housing Development (“Preliminary Financing Plan”). The Preliminary Financing Plan is attached hereto as Exhibit B. Developer shall perform all of its obligations pursuant to the approved Financing Plan. Developer may from time to time propose revisions to the Preliminary Financing Plan, subject to the approval of the City Manager.

9. Construction Deadline. Developer shall commence construction of the Affordable Housing Development by the earlier to occur of (i) the issuance of the 75th building permit for market rate homes within the Mowry Village Project, or (ii) July 30, 2031, as such time may be extended by Section 15.8 or such other later date as agreed to in writing by the City Manager.

Developer shall cause the Affordable Housing Development to be complete, as evidenced by receipt of a final certificate of occupancy or equivalent, by two years after the commencement of construction of the Affordable Housing Development, or (ii) July 30, 2033, as such time may be extended by Section 15.8 or such other later date as agreed to in writing by the City Manager.

10. Recordation of Affordable Housing Declaration. Within five (5) business days of the Effective Date, Developer shall cause to be recorded against the Affordable Housing Site a restrictive covenant reciting the obligation to provide no less than thirty (30) Affordable Dwelling Units and one (1) manager’s unit in substantially the form attached hereto as Exhibit C, and restricting the use and development of the Affordable Housing Site to such use (the “Affordable Housing Declaration”). Upon recordation of a lot line adjustment or a final map modifying the boundaries of the Affordable Housing Site, the parties shall record an amendment to the Affordable Housing Declaration referencing the modified Affordable Housing Site parcel, if necessary. The Affordable Housing Declaration shall be superseded by and of no further force and effect upon the recordation of the Affordable Housing Regulatory Agreement.

11. Agreements Against Encumbrances on the Affordable Housing Site. Except as provided above, at all times prior to the Termination Date, the Affordable Housing Site shall be maintained in good and clean condition and free of monetary liens, encumbrances, or other charges except (i) for any security instruments securing a loan made by a bona fide third-party lender to Developer to finance acquisition, construction, development and/or operation of the Mowry Village Property including the Affordable Housing Site, which security instrument will be released from the Affordable Housing Site upon or prior to a sale or transfer of the Affordable Housing Site pursuant to Section 7 hereof; (ii) regulatory agreements related to the financing, acquisition, construction, development and/or operation of the Affordable Housing Development, or (iii) other items as may be approved in advance, in writing, by the City, signed by its City Manager. In the event of an unapproved monetary encumbrance or impairment of the Affordable Housing Site as security for performance of this Agreement, the City in its discretion may give notice requiring the Developer to immediately meet and confer to arrange for timely corrective action or acceptable alternative security. In the event such efforts do not resolve the situation, the City may invoke any 6 necessary remedy to cause Developer to remove the unauthorized encumbrance or impairment, and Developer shall be responsible for reimbursing City for all of the costs relating thereto.

12. Deposit of Housing Impact Fee. The City and Developer agree it is in the best interests of the City and its residents to cause the construction of the Affordable Housing Development upon the Affordable Housing Site. Nonetheless, in the event that the Affordable Housing Impact Fee is due as to any Dwelling Unit before Developer has (i) provided evidence the general contractor or other approved person or entity has provided a completion guaranty in a form acceptable to the City Attorney in accordance with Section 3 hereof, and (ii) obtained a building permit for the Affordable Housing Development, and (iii) has commenced the construction of the Affordable Housing Development upon the Affordable Housing Site in accordance with Section 9 above (collectively referred to as a “Commencement Event”), the Developer shall deposit or cause to be deposited into escrow the required Affordable Housing Impact Fee for such permit. In the event the Developer or its assignee seeks to obtain a building permit for a market rate dwelling unit in the Mowry Village Project and, subject to Section 9 above, a Commencement Event has not occurred, Developer, City and an escrow holder mutually agreeable to Developer and City shall enter into an escrow agreement providing for escrow to hold any deposited Affordable Housing Impact Fees unless and until a Commencement Event has occurred. Developer shall deposit Affordable Housing Impact Fees for additional market rate residential units until a Commencement Event has occurred. Developer shall pay all escrow fees. .

13. Modification, Amendment, or Cancellation.

13.1 Amendment and Cancellation. This Agreement may be amended or canceled, in whole or in part, by mutual written consent of the City and the Developer or their successors-in-interest.

13.2 Modification. The City Manager, with the consent of the Developer, may make non-substantive modifications to the Agreement without the need for formal action by the City Council, including but not limited to, written extensions of any of the Performance Milestones.

13.3 Modification in the Event of Change of Method of Financing. While Developer currently intends to finance the Affordable Housing Development as described herein and without applying for tax credit or other similar financing programs, in the event Developer elects to pursue such financing, the Parties shall meet and confer and determine what, if any, modifications shall be required to this Agreement to facilitate such a financing strategy. City and Developer shall each reasonably consider approval of such proposed changes to this Agreement.

14. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the City, the Developer, and their respective successors and assigns.

No other person or entity shall have any right of action based upon any provision of this Agreement, except to the extent that successors-in-interest to the Mowry Village Property may rely upon this Agreement to demonstrate compliance with the satisfaction of each project’s respective affordable housing obligation, as set forth herein. 7 15. Miscellaneous.

15.1 Notices. All notices which are allowed or required to be given hereunder shall be in writing and (1) shall be deemed given and received when personally delivered, or (2) shall be sent by registered or certified mail or overnight mail service, addressed to the applicable designated person by one party to the other in writing, and shall be deemed received on the second business day after such mailing.

If to City: City of Newark
37101 Newark Blvd.

Newark, CA 94560
Attn: Community Development Director
Telephone: (510) 578-4000
Fax: 510-578-4307
With copy to City Attorney
If to Developer: The Mowry Project Owner, LLC
888 San Clemente, Suite 100
Newport Beach, CA 92660
Attn: Evan Knapp and Caren Read, Esq.

Telephone: (949) 720-3612
Fax: (949) 720-3613
Copy to: Rutan & Tucker, LLP
18575 Jamboree Road, 9th Floor
Irvine, CA 92612
Attn: Hans Van Ligten, Esq.

Telephone: (714) 641-5100
Fax: (714) 546-9035
Email: [email protected]

15.2 Severability. If any part of this Agreement is declared invalid for any reason, such invalidity shall not affect the validity of the remainder of the Agreement unless the invalid provision is a material part of the Agreement. The other parts of this Agreement shall remain in effect as if this Agreement had been executed without the invalid part.

15.3 Entire Agreement. This Agreement represents the entire agreement between the City and the Developer with respect to the subject matter hereof, and supersedes all prior agreements and understandings, whether oral or written, between the City and the Developer with respect to the matters contained in this Agreement.

15.4 Further Assurances. The City and the Developer agree to perform, from time to time, such further acts and to execute and deliver such further instruments reasonably to effect the intents and purposes of this Agreement, provided that the intended obligations of the City and the Developer are not thereby modified. 8 15.5 Assignment. This Agreement shall inure to the benefit of and bind the successors and assigns of the City and the Developer and may be assigned by the City to any entity, or by the Developer to any party or parties purchasing all or any part of the fee interest in the Mowry Village Property, in accordance with the requirements of this section. In the event Developer desires to sell, transfer or assign the Affordable Housing Site and/or its rights and obligations under this Agreement, Developer shall provide written notice thereof to City. The City Manager shall consider and decide on any transfer, sale or assignment within thirty (30) days after Developer’s notice thereof, provided all necessary documents, certifications and other information are provided to the City Manager to enable the City Manager to determine whether the proposed Transferee is capable of performing the Developer’s obligations hereunder. Nothing herein shall be deemed to limit the right of Developer to freely alienate or transfer any other portion of the Mowry Village Property; provided however, Developer shall not be released from liability under this Agreement unless and until the approved Transferee shall have agreed in writing to be bound by and to comply with the requirements of this Agreement and any documents executed hereunder and the City Manager has approved of such Transferee in accordance with this Section 15.5. Notice of any such approved sale, transfer or assignment (which includes a description of all rights, interests and obligations that have been transferred and those which have been retained by Developer) shall be recorded in the official records of Alameda County, in a form acceptable to the City Manager, concurrently with such sale, transfer or assignment. Upon the approved sale, transfer or assignment of all or a portion of the Mowry Village Property to a party that acquires fee title to the Mowry Village Property or any portion thereof, Developer shall be released of all executory obligations under this Agreement that relate to the transferred property; provided, however, that Developer shall not be released from liability for any default of Developer committed prior to the date of the transfer. Notwithstanding the foregoing, in the event Developer transfers or conveys the Mowry Village Property or a portion of the Mowry Village Property to a home builder identified on the Approved Transferee List, attached hereto as Exhibit G, upon execution of an assignment and assumption agreement wherein the transferee assumes all of the obligations of Developer under this Agreement, no City consent is required and the assignment shall be effective upon full execution by the transferor and transferee.

15.6 Enforcement. If the Developer defaults in the performance or observance of any covenant, condition, restriction or obligation of the Developer as set forth in this Agreement, and such default remains uncured for a period of thirty (30) days after notice thereof is given by the City (or such longer period as may be necessary to cure the default, provided that Developer commences the cure within the thirty (30) day period and diligently prosecutes the cure to completion), the City may take any one or more of the following steps:
(a) By specific performance or other action or proceeding at law or in equity, require the Developer to perform its obligations under this Agreement or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder. (b) If Developer fails to commence or complete construction of the Affordable Housing Development within the time provided by Section 9, subject to the notice and cure requirements of Section 15.6 hereof and the force majeure provisions of Section 15.8 hereof, by termination of this Agreement by sending written notice thereof to Developer. Upon City’s termination of this Agreement pursuant to this paragraph, if any Affordable Housing 9 Impact Fees have previously been deposited into escrow pursuant to Section 12, City shall be entitled to immediately collect and retain the full amount of all deposited Affordable Housing Impact Fees. If the full amount of the Affordable Housing Impact Fees has not been deposited at the time of City’s termination of this Agreement, Developer shall be obligated to pay Housing Impact Fees for market rate homes within the Mowry Village Project at the customary times such fees become due and payable. In addition to the foregoing, Developer shall be obligated to pay to City the amount of Three Million Five Hundred Thousand Dollars ($3,500,000) on a lump sum basis upon City’s termination of this Agreement, and prior to the City’s issuance of any further building permits for construction of market rate homes within the Mowry Village Project. The Parties understand and agree that such additional payment of Three Million Five Hundred Thousand Dollars ($3,500,000) is the amount the Parties have determined to be necessary, together with the Housing Impact Fee amount, in order for City to provide financial assistance to another developer for the construction of an affordable housing development with at least the same number of dwelling units and levels of affordability as required hereunder for the Affordable Housing Development. As of the date of this Agreement the Parties anticipate that the amount of the Housing Impact Fees alone would not be sufficient to provide the financial assistance needed to make the above-described alternative affordable housing project financially feasible. Developer’s obligation to pay to City the additional amount of Three Million Five Hundred Thousand Dollars ($3,500,000), if required hereunder, shall survive the termination of this Agreement.
(c) Take such other action at law or in equity as may appear necessary or desirable to enforce the obligations, covenants, conditions and restrictions of the Developer under this Agreement. Notwithstanding the foregoing, in no event shall City restrict development of the residential development by withholding building permits or certificates of occupancy from and after the occurrence of the Commencement Event pursuant to Section 12.

15.7 Attorney’s Fees. In the event of any claim, dispute or controversy arising out of or relating to this Agreement, including an action for declaratory relief, the prevailing party in such action or proceeding shall be entitled to recover its court costs and reasonable attorney’s fees and out-of-pocket expenses.

15.8 Force Majeure. Performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to one or more of the following events, providing that anyone or more of such event(s) actually delays or interferes with the timely performance of the matter to which it would apply and despite the exercise of diligence and good business practices and such event(s) are beyond the reasonable control of the party claiming such interference: the period in which litigation challenging the Mowry Village Project approvals is pending, war, terrorism, terrorist acts, insurrection, strikes, lock-outs, unavailability in the marketplace of essential labor, tools, materials or supplies, failure of any contractor, subcontractor, or consultant to timely perform (so long as Developer is not otherwise in default of any obligation under this Agreement and is exercising commercially reasonable diligence of such contractor, subcontractor or consultant to perform, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, pandemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, or unusually severe weather, or as a result of any litigation or other administrative delay (e.g., Regional Water Quality Control Board or DTSC action or inaction). An extension of time for 10 any such cause (a “Force Majeure Delay”) shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of actual knowledge of the commencement of the cause. Notwithstanding the foregoing, none of the foregoing events shall constitute a Force Majeure Delay unless and until the party claiming such delay and interference delivers to the other party written notice describing the event, its cause, when and how such party obtained knowledge, the date and the event commenced, and the estimated delay resulting therefrom. Inability to obtain financing for the development of the Affordable Housing Development shall not constitute an event of force majeure hereunder.

15.9 Counterparts. This Agreement and any modifications, amendments or supplements thereto may be executed in several counterparts, and all so executed shall constitute one agreement binding on all parties hereto, notwithstanding that all parties are not signatories to the original or the same counterpart. The parties may also deliver executed copies of this Agreement to each other by electronic mail (including pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000, e.g., www.docusign.com) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. No party may raise the use of any image transmission device or method or the fact that any signature was transmitted as an image as a defense to the enforcement of this Agreement. At the request of either party, the parties will confirm signatures by signing and delivering an original document. [Signatures on next page]
11 IN WITNESS WHEREOF, the City and Developer hereto have each executed this Agreement as of the date first written above.
“CITY”

CITY OF NEWARK,
a California municipal corporation
David Benoun, City Manager
ATTEST:

Sheila Harrington, City Clerk
APPROVED AS TO FORM:

Kristopher Kokotaylo, City Attorney
“DEVELOPER”

THE MOWRY PROJECT OWNER, LLC,
a Delaware limited liability company
By: KPMW Integral, LLC,
a California limited liability company, Its
Managing Member
By:

Name:

Title:
12 EXHIBIT A

LEGAL DESCRIPTION OF MOWRY VILLAGE PROPERTY
Real property in the City of Newark, County of Alameda, State of California, described as follows:
13 14

EXHIBIT B

PRELIMINARY FINANCING PLAN
The Affordable Housing Developer will pursue a development and financial plan following the “traditional financing” approach discussed with the City. This approach involves funding the project through various sources, such as a) construction or permanent loans from a commercial bank, b) an equity investment partner, and/or c) the Developer.

If there is any additional capital required above and beyond these sources, it will be the obligation of the Developer to provide all remaining “gap” financing necessary for the Affordable Housing Development to maintain the Affordable Housing Development’s compliance with the Performance Milestone schedule.

At the current time, the Affordable Housing Developer is not intending to apply for governmentally-subsidized financing, and therefore the Performance Milestones do not reflect any efforts to obtain such financing (e.g., TCAC allocation). The Developer and City recognize that future market or program changes might make using governmental financing more attractive, and if such circumstances arise, may incorporate such financing into this Finance Plan upon approval of the City Manager.

EXHIBIT C

FORM OF AFFORDABLE HOUSING DECLARATION OF COVENANTS AND

RESTRICTIONS

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Newark
City Clerk
37101 Newark Blvd
Newark, CA 94560
No recording fee due per Gov. Code § 6103, 27383
Assessor’s Parcel Nos._________________________
(SPACE ABOVE RESERVED FOR RECORDER’S USE)

AGREEMENT FOR RESTRICTION ON USE OF REAL PROPERTY FOR

DEVELOPMENT OF AFFORDABLE HOUSING
This AGREEMENT FOR RESTRICTION ON USE OF REAL PROPERTY FOR DEVELOPMENT OF AFFORDABLE HOUSING (“AGREEMENT”) is made and entered into by and between ___________________________[to be signed by builder/developer recording the final map] (“Developer”), and the City of Newark (“City”), a California municipal corporation, with reference to the following:

RECITALS
A. Developer is the owner of record of the real property described on Exhibit “A-1” and depicted on Exhibit “A-2” (the “Affordable Housing Site”) located in the City of Newark, County of Alameda.

B. The Property will be developed with a multifamily housing development containing at least thirty (30) Affordable Housing Units and one (1) manager’s unit (the “Affordable Housing Development”), as described more fully in that certain Affordable Housing Obligation Satisfaction Agreement for The Mowry Village Project, by and between the City of Newark, a California municipal corporation, and The Mowry Project Owner, LLC, a Delaware limited liability company, dated _________, 2025 (the “Satisfaction Agreement”).

C. This Agreement is intended to satisfy the requirements of the Satisfaction Agreement to encumber the Affordable Housing Site with the obligation to construct and operate the Affordable Housing Development with a minimum of thirty (30) Affordable Dwelling Units and one (1) manager’s unit, with 10 Affordable Dwelling Units restricted to Very Low Income Households and 20 Affordable Dwelling Units restricted to Low Income Households.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements set forth herein, Developer and the City agree as follows:

1. The Affordable Housing Site shall be restricted to the development of the Affordable Housing Development containing at least thirty (30) Affordable Dwelling Units, with 10 Affordable Dwelling Units restricted to Very Low Income Households and 20 Affordable Dwelling Units restricted to Low Income Households, to satisfy the Affordable Housing Obligation (both as defined in the Satisfaction Agreement). Nothing herein is intended to restrict the ability to construct other facilities normally associated with multifamily residential housing developments (for example, common areas, recreational facilities) in conjunction with the development of the Affordable Housing Development. Approval of the City of the development of the Affordable Housing Site will be conclusive evidence that the proposed development of the Affordable Housing Site is consistent with this Agreement.

2. The terms and conditions of this Agreement shall constitute a covenant running with and binding the land in accordance with the provisions of California Civil Code section 1468.

Accordingly, the Affordable Housing Site shall be held, sold, conveyed, mortgaged, encumbered, leased, rented, used, occupied and improved subject to this Agreement, which shall run with the Affordable Housing Site, and shall be binding on all parties having any right, title or fee interest in the Affordable Housing Site, and their heirs, successors and assigns. Upon the transfer of title to the Affordable Housing Site to a new owner and recordation of the deed conveying the fee interest in the Affordable Housing Site, transferring owner (and in the case of subsequent owners, the owner then transferring the Affordable Housing Site) shall be automatically released and discharged from any and all obligations under this Agreement arising after the date of the assignment, which obligations shall be assumed by the new owner, who shall be deemed “Developer” hereunder.

3. This Agreement and its validity, construction and effect shall be governed by the laws of the State of California applicable to contracts wholly to be performed therein. This Agreement shall not be deemed to give any right or remedy to any third party whatsoever.

4. This Agreement shall not be amended in any manner or terminated without the prior written approval of all parties nor without the recordation of any such approval. The City agrees to execute and record a termination of this Agreement in its entirety upon recordation of the Regulatory Agreement for the Affordable Housing Development (as defined in the Satisfaction Agreement).

IN WITNESS WHEREOF, Developer and the City have executed this Agreement Amendment as of the dates set forth below.

DEVELOPER
[insert builder/developer sig block who is recording final map] [SIGNATURES CONTINUE ON NEXT PAGE]
CITY

CITY OF NEWARK,
a California municipal corporation
By:

David Benoun
City Manager
Attest:

April B. A. Quintanilla
City Clerk
Approved as to form:

Kris Kokotaylo
City Attorney
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of ______________ )
On __________________________, before me, , (insert name and title of the officer) Notary Public, personally appeared ______________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of ______________ )
On __________________________, before me, , (insert name and title of the officer) Notary Public, personally appeared ______________________________________who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
EXHIBIT A-1

LEGAL DESCRIPTION OF AFFORDABLE HOUSING SITE
EXHIBIT A-2

DEPICTION OF AFFORDABLE HOUSING SITE

EXHIBIT D

DEPICTION OF MOWRY VILLAGE AFFORDABLE HOUSING SITE
Real property in the City of Newark, County of Alameda, State of California, described as follows:

EXHIBIT E
Performance Milestones
Performance Milestone Performance Deadline

1. Developer obtains approval of Entitlements for
Affordable Housing Project
October 15, 2025

2. Developer executes and records Affordable Housing
Declaration
Concurrently with Developer’s
acquisition of Affordable
Housing Site

3. Developer deposits Affordable Housing Impact Fee
into Escrow
Prior to issuance of building
permit for each market rate
unit, until occurrence of a
Commencement Event.

4. Developer obtains City’s issuance of Remedial
Grading Permit for Affordable Housing Site, or City
acknowledgement that permit is ready to issue
February 26, 2027

5. Developer starts grading of Affordable Housing Site
and installation of all required public utilities and
infrastructure to the perimeter of the Affordable
Housing Site
August 31, 2027

6. Developer completes grading of Affordable Housing
Site and installation of all required public utilities and infrastructure to the perimeter of the Affordable
Housing Site
December 31, 2028

7. Developer submittal of Affordable Housing
Development building construction documents (as
defined below)to City for approval*
Earlier of (i) the issuance of the
35th building permit for market
rate homes within the Mowry
Village Project, or (ii) January
1, 2031
8 Developer obtains building permit for Affordable
Housing Development
Earlier of (i) the issuance of the
65th building permit for market
rate homes within the Mowry
Village Project, or (ii) June 30,
2031

9. Commencement of Construction of the Affordable
Housing Development
Earlier of (i) the issuance of the
75th building permit for market
rate homes within the Mowry
Village Project, or (ii) July 30,
2031

10. Completion of Construction of the Affordable
Housing Development
Earlier of (i) 2 years after
commencement of
construction of the Affordable
Housing Development, or (ii)
July 30, 2033
*“Building Construction Documents” means the building permit set for review of all applicable building code, federal, state and local jurisdiction requirements for building and site construction standards.

EXHIBIT F

FORM OF AFFORDABLE HOUSING REGULATORY AGREEMENT
[Attached]

EXHIBIT G

LIST OF APPROVED TRANSFEREES
• Lennar Homes of California, LLC
• Lyon Living
• Landsea Homes
• DR Horton
• Pulte Group
• Taylor Morrison
• Hovnanian Enterprises
• Beazer Homes
• Tri Pointe Homes
• New Home Company
• Capital Pacific Homes
• Cal-Atlantic
• KB Home
• Meritage Homes
• Toll Brothers
• Shea Homes
• SummerHill Homes
• William Lyon Homes
• Brookfield Homes
• Olson Companies
• Woodside Homes
• Warmington Homes
• USA Properties Fund, Inc.
• St. Anton Multifamily Inc.

The foregoing includes any of their affiliates or related entities.

EXHIBIT F
1 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Newark
37101 Newark Blvd
Newark, CA 94560
Attn: Community Development Director
________________________________________________________________________ No fee for recording pursuant to
Government Code Section 27383

REGULATORY AGREEMENT AND

DECLARATION OF RESTRICTIVE COVENANTS
(Mowry Village)
This Regulatory Agreement and Declaration of Restrictive Covenants (the "Agreement") is made and entered into as of ______________, by and between the City of Newark, a California municipal corporation (the "City"), and The Mowry Project Owner, LLC (the "Owner"). City and Owner are hereinafter collectively referred to as the “Parties.”

RECITALS
A. Owner owns that certain property located at _______________ in the City of Newark, as more particularly described in Exhibit A (the "Property"). Owner intends to construct an approximately thirty-one (31) unit multifamily rental housing development on the Property for rental to very low and low income households, including one (1) manager's unit that is not subject to affordability restrictions. Together the Property and its improvements are referred to herein as the "Development".

B. City and Owner have entered into an Affordable Housing Obligation Satisfaction Agreement dated _________________, 2025 ("Satisfaction Agreement"), pursuant to which the Owner agreed to develop a multifamily affordable housing development on the Property.

C. The Satisfaction Agreement requires that Owner construct, maintain and operate the Development in accordance with restrictions set forth in this Regulatory Agreement for a fifty-five (55) year term.

NOW, THEREFORE, City and Owner hereby agree as follows.

ARTICLE 1.

DEFINITIONS
Section 1.1 Definitions. When used in this Agreement, the following terms shall have the respective meanings assigned to them in this Article 1.

EXHIBIT F
2 (a) "Actual Household Size" shall mean the actual number of persons in the applicable household.
(b) “Affordable Units” shall mean the Very Low Income Units and the Low Income Units.
(c) "Agreement" shall mean this Regulatory Agreement and Declaration of Restrictive Covenants.
(d) "Affiliate" means any person or entity directly or indirectly, through one or more intermediaries, controlling, controlled by or under common control with Owner which, if Owner is a partnership or limited liability company, shall include each of the constituent members or partners, respectively thereof. The term "control" as used in the immediately preceding sentence, means, with respect to a person that is a corporation, the right to the exercise, directly or indirectly, of more than fifty percent (50%) of the voting rights attributable to the shares of the controlled corporation, with respect to a person that is a nonprofit corporation, the right to appoint more than fifty percent of the board of directors, and, with respect to a person that is not a corporation, the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of the controlled person. (e) "Area Median Income" shall mean the median gross yearly income adjusted for Actual Household Size or Assumed Household Size as specified herein, in Alameda County, California, as published from time to time and periodically updated in Title 25, California Code of Regulations, Section 6932 (or successor provision) by HCD. In the event that such income determinations are no longer published or are not updated for a period of at least eighteen (18) months, City shall provide the Owner with other income determinations which are reasonably similar with respect to methods of calculation to those previously published by HCD. (f) "Assumed Household Size" means the household size "adjusted for family size appropriate to the unit" in accordance with California Health and Safety Code Section 50053.
(g) "City" shall mean the City of Newark, a California municipal corporation. (h) "Completion Date" means the date a final certificate of occupancy is issued by the City to certify that the construction of the Development is complete and the Development may be legally occupied.
(i) "Development" shall mean the Property and the thirty-one (31) units to be developed on the Property, and any additional improvements and all landscaping, roads and parking spaces existing thereon, as the same may from time to time exist. (j) "Household Income" shall mean the total anticipated annual income of all persons in a household, in accordance with 25 California Code of Regulations Section 6914. (k) "Low Income Household" shall mean household with a Household Income which does not exceed that does not exceed eighty percent (80%) of Area Median Income.

EXHIBIT F
3 (l) "Low Income Unit" shall mean the Units which pursuant to Section 2.1(b) below, are required to be occupied by Low Income Households. (m)"Owner" shall mean The Mowry Project Owner, LLC, and its successors and assigns to the Development.
(n) "Property" shall mean the real property described in Exhibit A attached hereto and incorporated herein.
(o) "Rent" shall mean the total of monthly payments by the tenants of a Unit for the following: use and occupancy of the Unit and land and associated facilities (including parking if applicable), any separately charged fees or service charges assessed by Owner which are required of all tenants, other than security deposits; the cost of an adequate level of service for utilities paid by the tenant, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuel, but not cable or telephone service; any other interest, taxes, fees or charges for use of the land or associated facilities and assessed by a public or private entity other than Owner, and paid by the Tenant. Utility allowances may be determined by use of the utility allowance published by the local public housing authority.. (p) "Satisfaction Agreement" is defined in Recital B.
(q) "Tenant" shall mean a household occupying a Unit.
(r) "Term" means the term of this Regulatory Agreement, which commences as of the date of this Regulatory Agreement and shall remain in effect until the fifty-fifth (55th) anniversary of the Completion Date.
(s) "Units" shall mean the thirty-one (31) rental units to be constructed by the Owner on the Property.
(t) "Very Low Income Household" shall mean a household with a Household Income that does not exceed fifty percent (50%) of Area Median Income. (u) "Very Low Income Units" shall mean the Units which, pursuant to Section

2.1(a) below, are required to be occupied by Very Low Income Households.

ARTICLE 2.

AFFORDABILITY COVENANTS
Section 2.1 Occupancy Requirements.
(a) Very Low Income Units. Ten (10) of the Units shall be rented to and occupied by or, if vacant, available for occupancy by Very Low Income Households. (b) Low Income Units. Twenty (20) of the Units shall be rented to and occupied by or, if vacant, available for occupancy by Low Income Households.

EXHIBIT F
4 (c) Manager's Unit. One (1) Unit shall be reserved for an on-site manager and shall not be subject to affordability or occupancy restrictions. (d) Intermingling of Units. All Affordable Units shall be intermingled and of comparable quality. Tenants in all Affordable Units shall have equal access to and enjoyment of all common facilities of the Development.
(e) Disabled Persons Occupancy.
(1) Owner shall cause the Development to be operated at all times in compliance with all applicable federal, state, and local disabled persons accessibility requirements including, but not limited to the applicable provisions of: (i) the Unruh Act, (ii) the California Fair Employment and Housing Act, (iii) the United States Fair Housing Act, as amended, (iv) the Americans With Disabilities Act of 1990, and (vi) Chapters 11A and 11B of Title 24 of the California Code of Regulations, which relate to disabled persons access (collectively, the "Accessibility Requirements").
(2) Owner shall indemnify, protect, hold harmless and defend (with counsel reasonably satisfactory to the City) the City, and its city council, officers and employees, from all suits, actions, claims, causes of action, costs, demands, judgments and liens arising out of Owner's failure to comply with the Accessibility Requirements. This obligation to indemnify survives termination of this Regulatory Agreement.

Section 2.2 Allowable Rent.
(a) Very Low Income Rent. Subject to the provisions of Section 2.3 below, the Rent charged to Tenants of the Very Low Income Units shall not exceed one-twelfth (1/12th) of thirty percent (30%) of fifty percent (50%) of Area Median Income, adjusted for Assumed Household Size.
(b) Low Income Rent. Subject to the provisions of Section 2.3 below, the Rent charged to Tenants of the Low Income Units shall not exceed one-twelfth (1/12th) of thirty percent of sixty percent (60%) of Area Median Income, adjusted for Assumed Household Size.

Section 2.3 Rent Increases.
(a) Rent Amount. The initial Rent for all Affordable Units must be approved by the City prior to occupancy. The utility allowance schedule will be determined by use of the local public housing authority schedule. Notwithstanding the approved schedule of maximum rents, Owner shall not be obligated to reduce rents for any existing tenants should maximum rents decrease, or utility allowances increase for any Units which must conform to the approved schedule of maximum rents.
(b) Rent Increases. No later than sixty (60) days prior to the proposed implementation of any Rent increase affecting an Affordable Unit, Owner shall submit to the City a schedule of any proposed increase in the Rent charged for the Affordable Units. The Rent for such Affordable Units may be increased no more than once annually based upon updated rent schedules corresponding to the updated Area Median Income. Owner shall give Tenants of

EXHIBIT F
5 Affordable Units written notice at least thirty (30) days prior to any Rent increase, following completion of the City approval process set forth above. Notwithstanding the above, in no event will any annual rent increase exceed the annual rent increase allowed pursuant to Civil Code Section 1947.12, although the parties acknowledge that the Affordable Units are not subject to such restrictions pursuant to Civil Code Section 1947.13.

Section 2.4 Increased Income of Occupying Households.
(a) Increased Income Below 80% of Area Median Income.
(1) In the event that, upon recertification of an occupant household's income, the income of a Very Low Income Household increases above the qualifying limit for a Very Low Income Household, but not above the qualifying income for a Low Income Household, the rent shall increase to thirty percent (30%) of sixty percent (60%) of Area Median Income, the Unit shall qualify as a Low Income Unit, and the next available Unit shall be rented to a Very Low Income Household, as applicable, as necessary to meet the requirements of Section 2.1 above.
(b) Non-Qualifying Household. If, upon recertification of a Tenant's income, the Owner determines that a Tenant has an Adjusted Income exceeding the qualifying income for a Low Income Household, adjusted for Actual Household Size, such Tenant shall be permitted to continue to occupy the Unit at a Rent not exceeding one-twelfth of thirty percent (30%) of one hundred ten percent (110%) of Area Median Income, and the Unit shall continue to be classified as a Low Income Unit until the Tenant vacates the Unit, at which time the Unit shall be re-rented to a Very Low Income Household or Low Income Household as applicable, to meet the requirements of Section 2.1 above. Notwithstanding the above, if the Owner determines that a Tenant has an Adjusted Income exceeding One Hundred Twenty Percent (120%) of Area Median Income, the Owner may elect to increase the Rent to the maximum permissible by law. (c) Termination of Occupancy. Upon termination of occupancy of an Affordable Unit by a Tenant, such Unit shall be deemed to be continuously occupied by a household of the same income level (e.g., Very Low Income Household or Low Income Household) as the initial income level of the vacating Tenant, until such Affordable Unit is reoccupied, at which time the income character of the Affordable Unit (e.g., Very Low Income Unit or Low Income Unit) shall be redetermined.
(d) Continued Compliance. In the event an occupant household's income increases and the rent is increased as set forth in Sections (a) and (b) above, the Affordable Unit shall continue to be classified as a Very Low Income Unit or a Low Income Unit, as applicable, until such time as the Affordable Unit is either vacated by the occupant or another Affordable Unit is rented at the applicable income limit.

Section 2.5 Lease Provisions. Owner shall include in leases for all Affordable Units provisions which authorize Owner to immediately terminate the tenancy of any household one or more of whose members has misrepresented any fact material to the household's qualification as a Very Low Income Household or Low Income Household. Each lease or rental agreement shall also provide that the household is subject to annual certification in accordance with Section 3.1

EXHIBIT F
6 below, and that, if the household's income increases above the applicable limits for a Very Low Income Household or Low Income Household, as applicable, such household's Rent may be subject to increase.

Section 2.6 Condominium Conversion. The Owner shall not convert the Development or any Units to condominium or cooperative ownership or sell condominium or cooperative conversion rights to the Property during the Term of this Agreement.

ARTICLE 3.

INCOME CERTIFICATION AND REPORTING
Section 3.1 Income Certification. The Owner shall obtain, complete and maintain on file, immediately prior to initial occupancy and annually thereafter, income certifications from each Tenant renting any of the Affordable Units (excluding the manager's Unit). The Owner shall make a good faith effort to verify that the income provided by an applicant or occupying household in an income certification is accurate by taking one or more of the following steps as a part of the verification process: (1) obtain a pay stub for the most recent pay period; (2) obtain an income tax return for the most recent tax year; (3) conduct a credit agency or similar search; (4) obtain an income verification form from the applicant's current employer; (5) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies; or (6) if the applicant is unemployed and has no such tax return, obtain another form of independent verification or utilize a self-certified statement. Copies of tenant income certifications shall be available to City upon request.

Section 3.2 Annual Report to City. Each year by July 1 Owner shall submit an annual report to City, in a form approved by City. The annual report shall include for each Affordable Unit covered by this Agreement, the Rent and the income and household size of the household occupying the Affordable Unit and shall have the income certifications for each Tenant, prepared pursuant to Section 3.1 above available upon request. The report shall also state the date the tenancy commenced for each Affordable Unit, the number of bedrooms in such Affordable Unit, and such other information as City may be required by law to obtain.

Section 3.3 Additional Information. Owner shall provide any additional information reasonably requested by City. City shall have the right to examine and make copies of all books, records or other documents of Owner which pertain to any Affordable Unit.

Section 3.4 Records.
(a) Owner shall keep and maintain at the principal place of business of the Owner set forth in Section 6.10 below, or elsewhere with the City's written consent, full, complete and appropriate books, records and accounts relating to the Development. Owner shall cause all books, records and accounts relating to the Development to be kept and maintained in accordance with generally accepted accounting principles consistently applied, and to be consistent with requirements of this Regulatory Agreement. Owner shall cause all books, records, and accounts to be open to and available for inspection and copying by the City, its auditors or other authorized representatives at reasonable intervals during normal business hours.

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7 Owner shall cause copies of all tax returns and other reports that Owner may be required to furnish to any government agency to be open for inspection by the City at all reasonable times at the place that the books, records and accounts of Owner are kept. Owner shall preserve such records for a period of not less than five (5) years after their creation. If any litigation, claim, negotiation, audit exception, monitoring, inspection or other action relating to the use of the Development is pending at the end of the record retention period stated herein, then Owner shall retain the records until such action and all related issues are resolved. Such records are to include but are not limited to:
(1) Records documenting compliance with the fair housing, equal opportunity, and affirmative fair marketing requirements; (2) Financial records; and
(3) Records demonstrating compliance with the marketing, tenant selection, affordability, and income requirements.
(b) The City shall notify Owner of any records it deems insufficient. Owner has fifteen (15) calendar days after the receipt of such a notice to correct any deficiency in the records specified by the City in such notice, or if a period longer than fifteen (15) days is reasonably necessary to correct the deficiency, then Owner must begin to correct the deficiency within fifteen (15) days and correct the deficiency as soon as reasonably possible.

ARTICLE 4.

OPERATION OF THE DEVELOPMENT
Section 4.1 Residential Use. The Development shall be operated only for residential use. No part of the Development shall be operated as transient housing.

Section 4.2 Compliance with Loan Documents and Development Regulatory Agreements. Owner shall comply with all the terms and provisions of all loan documents and any other regulatory requirement imposed on the Development (the "Development Regulatory Documents"). Owner shall promptly notify the City in writing of the existence of any default under any Development Regulatory Documents and provide the City with copies of any such notice of default.

Section 4.3 Property Tax Exemption. Owner shall not apply for a property tax exemption for the Property under any provision of law other than Revenue and Taxation Section 214(g) without City's prior written consent.

Section 4.4 Taxes and Assessments. Owner shall pay all real and personal property taxes, assessments, if any, and charges and all franchise, income, employment, withholding, sales, and other taxes assessed against it, or payable by it, at such times and in such manner as to prevent any penalty from accruing, or any lien or charge from attaching to the Property; provided, however, that Owner shall have the right to contest in good faith, any such taxes, assessments, or charges. In the event Owner exercises its right to contest any tax, assessment, or charge against it, Owner, on final determination of the proceeding or contest, shall immediately

EXHIBIT F
8 pay or discharge any decision or judgment rendered against it, together with all costs, charges and interest.

Section 4.5 Nondiscrimination. All of the Units shall be available for occupancy on a continuous basis to members of the general public who are income eligible. Owner shall comply with state and federal fair housing laws in the marketing and rental of the Units in the Project.

There shall be no discrimination against or segregation of any person or group of persons, on account of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, disability, veteran or military status, or genetic information, or any other basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of any Unit nor shall Owner or any person claiming under or through the Owner, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of any Unit or in connection with the employment of persons for the operation and management of the Development. All deeds, leases or contracts made or entered into by Owner as to the Units or the Development or portion thereof, shall contain covenants concerning discrimination as prescribed by the Satisfaction Agreement.

Section 4.6 City Preference. To the extent permitted by law and consistent with the program regulations for funding sources used for the development of the Units, Owner shall give a preference in the rental of any Units to eligible households in which at least one member lives or works in the City. The preference stated in this section applies to the rentals of Units throughout the Term.

Section 4.7 Section 8 Certificate Holders. The Owner shall accept as tenants, on the same basis as all other prospective tenants, persons who are recipients of federal certificates for rent subsidies pursuant to the existing housing program under Section 8 of the United States Housing Act, or its successor, or similar programs. The Owner shall not apply selection criteria to holders of Section 8 certificate or similar certificates or vouchers that is more burdensome than criteria applied to all other prospective tenants, nor shall the Owner apply or permit the application of management policies or lease provisions with respect to the Development which have the effect of precluding occupancy of Units by such prospective tenants.

Section 4.8 Marketing Plan. No later than nine (9) months prior to the date construction of the Development is projected to be complete, Owner shall submit to the City for approval its plan for marketing the Development to income-eligible households as required by this Regulatory Agreement (the "Marketing Plan"). The Marketing Plan shall be in compliance with all applicable fair housing, equal opportunity and affirmative fair marketing laws and requirements.

Upon receipt of the Marketing Plan, the City shall promptly review the Marketing Plan and shall approve or disapprove it within fifteen (15) days after receipt. If the Marketing Plan is not approved, the City shall give Owner specific reasons for such disapproval and Owner shall submit a revised Marketing Plan within fifteen (15) days of notification of the City's disapproval.

EXHIBIT F
9 Owner shall follow this procedure for resubmission of a revised Marketing Plan until the Marketing Plan is approved by the City. The City understands that the Owner needs to have the Marketing Plan approved at least six (6) months prior to the date construction of the Development is projected to be complete in order to timely lease up the Development. If the Owner does not submit a revised Marketing Plan that is approved by the City at least three (3) months prior to the date construction of the Development is projected to be complete, Owner will be in default of this Regulatory Agreement.

ARTICLE 5.

PROPERTY MANAGEMENT AND MAINTENANCE
Section 5.1 Management Responsibilities. The Owner is responsible for all management functions with respect to the Development, including without limitation the selection of tenants, certification and recertification of household size and income, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. City shall have no responsibility over management of the Development. The Owner shall retain a professional property management company approved by City in its reasonable discretion to perform its management duties hereunder. A resident manager shall also be required.

Section 5.2 Approval of Management Agent. The Development shall at all times be managed by an experienced management agent reasonably acceptable to City, with demonstrated ability to operate residential facilities like the Development in a manner that will provide decent, safe, and sanitary housing (as approved, the "Management Agent"). The Owner shall submit for City's approval the identity of any proposed Management Agent. The City has approved ___________________________ as the Management Agent. The Owner shall also submit such additional information about the background, experience and financial condition of any proposed Management Agent as is reasonably necessary for the City to determine whether the proposed Management Agent meets the standard for a qualified Management Agent set forth above. If the proposed Management Agent meets the standard for a qualified Management Agent set forth above, City shall approve the proposed Management Agent by notifying the Owner in writing.

Unless the proposed Management Agent is disapproved by City within thirty (30) days, which disapproval shall state with reasonable specificity the basis for disapproval, it shall be deemed approved.

Section 5.3 Performance Review. City reserves the right to conduct an annual (or more frequently, if deemed reasonably necessary by City) review of the management practices and financial status of the Development. The purpose of each periodic review will be to enable City to determine if the Development is being operated and managed in accordance with the requirements and standards of this Agreement. The Owner shall cooperate with City in such reviews.

Section 5.4 Replacement of Management Agent. If, as a result of a periodic review, City determines in its reasonable judgement that the Development is not being operated and managed in accordance with any of the material requirements and standards of this Agreement, City shall deliver notice to Owner of its intention to cause replacement of the Management

EXHIBIT F
10 Agent, including the reasons therefor. Within fifteen (15) days of receipt by Owner of such written notice, City staff and Owner shall meet in good faith to consider methods for improving the financial and operating status of the Development. If after a reasonable period as determined by City (not to exceed sixty (60) days), City determines that the Owner is not operating and managing the Development in accordance with the material requirements and standards of this Agreement, City may require replacement of the Management Agent.

If, after the above procedure, City requires in writing the replacement of the Management Agent, Owner shall promptly dismiss the then Management Agent, and shall appoint as the Management Agent a person or entity meeting the standards for a Management Agent set forth in Section 5.2 above and approved by City pursuant to Section 5.2 above.

Any contract for the operation or management of the Development entered into by Owner shall provide that the contract can be terminated as set forth above. Failure to remove the Management Agent in accordance with the provisions of this Section shall constitute default under this Agreement, and City may enforce this provision through legal proceedings as specified in Section 6.5.

Section 5.5 Management Policies. The Owner shall submit its written management plan with respect to the Development to City for its review, and shall amend such policies in any way necessary to ensure that such policies comply with the provisions of this Agreement.

Section 5.6 Property Maintenance. Throughout the term of this Agreement, Owner shall at its own expense, maintain the Property and the Project in good physical condition, in good repair, and in decent, safe, sanitary, habitable and tenantable living conditions in conformity with all applicable state, federal, and local laws, ordinances, codes, and regulations.

Without limiting the foregoing, Owner agrees to maintain the Project and the Property (including without limitation, the Units, common meeting rooms, common areas, landscaping, driveways and walkways) in a condition free of all waste, nuisance, debris, unmaintained landscaping, graffiti, disrepair, abandoned vehicles/appliances, and illegal activity, and shall take all reasonable steps to prevent the same from occurring on the Property or at the Project. Owner shall prevent and/or rectify any physical deterioration of the Property and the Project and shall make all repairs, renewals and replacements necessary to keep the Property and the improvements located thereon in good condition and repair. Owner shall provide adequate safety and security services for occupants of the Project, including without limitation parking lot and pathway lighting and security cameras. To the extent feasible, Owner shall employ defensible space design principles and crime prevention measures in the operation of the Project.

Owner shall conduct a yearly security inspection, employing Crime Prevention Through Environmental Design (CPTED) principles, and shall participate in an illegal activity review with Newark Police Department (provided that the Newark Police Department agrees to participate in such review). Owner shall maintain an on-site contact, during normal business hours, to receive complaints and concerns from the community, and Owner shall promptly respond to and address such complaints and concerns. Documents and reports relating to security inspections, community complaints and concerns, and illegal activities on the Property shall be maintained and available for inspection by the City.

EXHIBIT F
11 a. Yard Area. Owner shall not leave any yard areas on the Property unmaintained, including broken or discarded furniture, appliances and other, household equipment stored in yard areas for a period exceeding one (1) week; packing boxes, lumber trash, dirt and other debris in areas visible from public property or neighboring properties; and vehicles parked or stored in other than approved parking areas. b. Buildings. Owner shall not leave any buildings located on the Property in an unmaintained condition so that any of the following exist: violations of state law, uniform codes, or City ordinances; conditions that constitute an unsightly appearance that detracts from the aesthetics or value of the Property or constitutes a private or public nuisance; broken windows; graffiti (must be removed within 72 hours); and, conditions constituting hazards and/or inviting trespassers, or malicious mischief.
c. Safety and Security. Owner acknowledges that it is a priority of the City to facilitate the security and safety of the residents and surrounding community. Owner shall implement and maintain throughout the Term the following security measures in the Project:
i. Owner shall provide adequate safety and security services for occupants of the Project, including without limitation parking areas and pathway lighting and security cameras.
ii. Owner shall use best efforts to work with the City of Newark Police Department to implement and operate an effective neighborhood watch program. iii. Owner shall provide added security including dead-bolt locks for every entry door, and where entry doors are damaged, replace them with solid-core doors. d. City Right to Enter Property. The City shall have the right to enter on the Property and/or contact the City of Newark Police Department if it becomes aware of or is notified of any conditions that pose a danger to the peace, health, welfare or safety of the Tenants and/or the surrounding community, and to perform or cause to be performed such acts as are necessary to correct the condition. The City shall provide Owner notice of its contact with the City of Newark Police Department.
e. Documents and Reports. Documents and reports relating to security inspections, community complaints and concerns, and illegal activities on the Property shall be maintained and available for inspection by the City.

In the event that Owner breaches any of the covenants contained in this Section 5.6, and such default continues for a period of ten (10) days after written notice from City (with respect to graffiti, debris, and waste material) or thirty (30) days after written notice from City (with respect to landscaping, building improvements and general maintenance), then City, in addition to any other remedy it may have under this Agreement or at law or in equity, shall have the right, but not the obligation, to enter upon the Property and perform all acts and work necessary to protect, maintain, and preserve the improvements and the landscaped areas on the Property. All costs expended by City in connection with the foregoing, shall constitute an indebtedness secured by the Deed of Trust, and shall be paid by Owner to City upon demand. All such sums

EXHIBIT F
12 remaining unpaid thirty (30) days following delivery of City’s invoice therefor shall bear interest at the rate of 10% per annum.

Section 5.7 Social Services. Owner shall provide a variety of social services at the Development. Such social services are subject to the prior written approval of the City, in its reasonable discretion. Owner shall use its best efforts to create a comprehensive social service program that is targeted to the needs of the residents of the Development which may include, but is not limited to, the following services: after-school programs of an ongoing nature for school age children, financial planning skills, job coaching, and/or the availability of a bona fide services coordinator to the tenants. Owner shall ensure that all personnel providing or coordinating all social services shall be adequately trained and counseled, including with respect to the appropriate means and methods of communicating and interacting with residents. Any substantive decrease in the amount of social services to be provided at the Property shall be subject to prior reasonable approval of City and approval shall not be unreasonably withheld.

ARTICLE 6.

MISCELLANEOUS
Section 6.1 Transfers.
(a) For purposes of this Agreement, "Transfer" means any sale, assignment, or transfer, whether voluntary or involuntary, of: (i) any rights and/or duties under the Loan Documents; and/or (ii) any interest in the Development, including (but not limited to) a fee simple interest, a joint tenancy interest, a life estate, a partnership interest, a leasehold interest, a security interest, or an interest evidenced by a land contract by which possession of the Development is transferred and Owner retains title. The term "Transfer" excludes the leasing of any single Unit in the Development to an occupant in compliance with this Regulatory Agreement.
(b) Except as otherwise permitted in this Section 6.1, no Transfer is permitted without the prior written consent of the City, which the City may withhold in its sole discretion. (c) The City hereby approves the grant of the security interests in the Development for financing approved pursuant to the Satisfaction Agreement.

Section 6.2 Term. The provisions of this Agreement shall apply to the Property for the entire Term. This Agreement shall bind any successor, heir or assign of Owner, whether a change in interest occurs voluntarily or involuntarily, by operation of law or otherwise, except as expressly released by City.

Section 6.3 Notice of Expiration of Term.
(a) At least six (6) months prior to the expiration of the Term, Owner shall provide by first-class mail, postage prepaid, a notice to all Tenants containing (a) the anticipated date of the expiration of the Term, (b) any anticipated increase in Rent upon the expiration of the Term, (c) a statement that a copy of such notice will be sent to City, and (d) a statement that a public hearing may be held by City on the issue and that the Tenant will receive notice of the

EXHIBIT F
13 hearing at least fifteen (15) days in advance of any such hearing. The Owner shall also file a copy of the above-described notice with City.
(b) In addition to the notice required above, Owner shall comply with the requirements set forth in California Government Code Sections 65863.10 and 65863.11. Such notice requirements include: (i) a three (3) year notice to existing tenants, prospective tenants and Affected Public Agencies (as defined in California Government Code Section 65863.10(a)) prior to the expiration of the Term, (ii) a twelve (12) month notice to existing tenants, prospective tenants and Affected Public Agencies prior to the expiration of the Term, (iii) a six (6) month notice requirement to existing tenants, prospective tenants and Affected Public Agencies prior to the expiration of the Term; (iv) a notice of an offer to purchase the Development to "qualified entities" (as defined in California Government Code Section 65863.11(d)), if the Development is to be sold within five (5) years of the end of the Term; and (v) a notice of right of first refusal within the one hundred eighty (180) day period that qualified entities may purchase the Development.

Section 6.4 Covenants to Run with the Land. City and Owner hereby declare their express intent that the covenants and restrictions set forth in this Agreement shall run with the land, and shall bind all successors in title to the Property, provided, however, that on the expiration of the Term of this Agreement said covenants and restrictions shall expire. Each and every contract, deed or other instrument hereafter executed covering or conveying the Property or any portion thereof shall be held conclusively to have been executed, delivered and accepted subject to such covenants and restrictions, regardless of whether such covenants or restrictions are set forth in such contract, deed or other instrument, unless City expressly releases such conveyed portion of the Property from the requirements of this Agreement.

Section 6.5 Enforcement by the City.
(a) If Owner fails to perform any obligation under this Agreement, and fails to cure the default within 30 days after City has notified the Owner in writing of the default or, if the default cannot be cured within 30 days, fails to commence to cure within 30 days and thereafter diligently pursue such cure, City shall have the right to enforce this Agreement by any or all of the following actions, or any other remedy provided by law:
(1) Action to Compel Performance or for Damage. City may bring an action at law or in equity to compel Owner's performance of its obligations under this Agreement, and/or for damages.

Section 6.6 Attorney's Fees and Costs. In any action brought to enforce this Agreement, the prevailing party shall be entitled to all costs and expenses of suit, including reasonable attorneys' fees. This section shall be interpreted in accordance with California Civil Code Section 1717 and judicial decisions interpreting that statute.

Section 6.7 Recording and Filing. City and Owner shall cause this Agreement, and all amendments and supplements to it, to be recorded against the Property in the Official Records of the County of Alameda.

EXHIBIT F
14 Section 6.8 Governing Law. This Agreement shall be governed by the laws of the State of California.

Section 6.9 Amendments. This Agreement may be amended only by a written instrument executed by all the parties hereto or their successors in title, and duly recorded in the real property records of the County of Alameda, California.

Section 6.10 Notice. All notices given or certificates delivered under this Agreement shall be in writing and be deemed received on the delivery or refusal date shown on the delivery receipt, if: (i) personally delivered by a commercial service which furnishes signed receipts of delivery or (ii) mailed by certified mail, return receipt requested, postage prepaid, addressed as shown on the signature page. Any of the parties may, by notice given hereunder, designate any further or different addresses to which subsequent notices, certificates or communications shall be sent. Notices shall be sent to:

City: City of Newark
37101 Newark Blvd.

Newark, CA 94560
Attention: Community Development Director
(with copy to City Attorney)
Owner:

Section 6.11 Severability. If any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions of this Agreement shall not in any way be affected or impaired thereby.

Section 6.12 Multiple Originals; Counterparts. This Regulatory Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts.

Section 6.13 Revival of Agreement after Foreclosure. In the event there is a foreclosure of the Property, this Regulatory Agreement will revive according to its original terms if, during the Term, the owner of record before the foreclosure, or deed in lieu of foreclosure, or any entity that includes the former owner or those with whom the former owner has or had family or business ties, obtains an ownership interest in the Development or a leasehold interest in the Property.

Section 6.14. Indemnification. Owner shall defend, indemnify and hold the City and its officials, officers, directors, employees, and agents (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities, claims, demands, judgments, actions, court costs, and legal or other expenses (including reasonable attorneys' fees) which an Indemnified Party may incur as a result of Owner's failure to perform any obligation as and when required by this Agreement, or any act or omission by Owner, or any of Owner’s contractors, subcontractors, agents, employees, licensees or suppliers with respect to the Development or the

EXHIBIT F
15 Property, except to the extent that such losses are caused by the gross negligence or willful misconduct of such Indemnified Party. Owner shall pay immediately upon an Indemnified Party's demand any amounts owing under the indemnity provided under this Section 6.14. The duty of Owner to indemnify includes the duty to defend the Indemnified Party in any court action, administrative action, or other proceeding brought by any third party arising in connection with the Development or the Property with counsel reasonably approved by City.

Owner's duty to indemnify the Indemnified Parties shall survive the expiration or earlier termination of this Agreement.

Section 6.15. Non-Liability of City Officials, Employees and Agents. No member, official, employee or agent of the City shall be personally liable to Owner or any successor in interest, in the event of any default or breach by the City, or for any amount of money which may become due to Owner or its successor or for any obligation of City under this Agreement.

Section 6.16. Action by the City. Except as may be otherwise specifically provided herein, whenever any approval, notice, direction, consent or request by the City is required or permitted under this Agreement, such action shall be in writing, and such action may be given, made or taken by the City Manager or designee, without further approval by the City Council.

Section 6.17. Time is of the Essence. Time is of the essence in the performance of this Agreement.

Section 6.18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

IN WITNESS WHEREOF, the City and Owner have executed this Agreement by duly authorized representatives, all on the date first written above. [signatures on following page]

EXHIBIT F

CITY:

CITY OF NEWARK, a California municipal
corporation
By:

David Benoun, City Manager
Attest:

By:

Sheila Harrington, City Clerk
Approved as to Form:

By:

Kris Kokotaylo, City Attorney
OWNER:

By:

Name:

Its:

EXHIBIT F

STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

EXHIBIT F

I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
______________________________________
Name: _______________________________
Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

A-1

EXHIBIT A
Property Description
EXHIBIT 7: Findings of Determination

Page 1 of 10 ends

I. General Plan Amendment
Pursuant to Newark Municipal Code Chapter 17.38, the City finds as follows:

A. Reasons for the recommendation - A General Plan Amendment is required to ensure consistency with the proposed residential density of the affordable housing component of the Mowry Village Project. The Project includes a 31-unit below-market-rate multifamily building located on Parcel H, which proposes a residential density of 36.1 dwelling units per acre. The existing General Plan land use designation for the entire site is Low Density Residential, which allows for a maximum density of less than 8.7 units per net acre and is generally intended for singlefamily homes on lots larger than 5,000 square feet. A General Plan Amendment is required to redesignate the affordable housing portion of the site to High Density Residential, which allows a maximum density of 60 units per net acre to support multifamily development at the proposed density.

B. Findings related to supporting the recommendation –

1. The request for the General Plan Amendment is consistent with the requirements and procedures set forth in the General Plan and Specific Plan;

2. The proposed Project (specifically including the General Plan Amendment, Specific Plan Amendment, Rezoning, Design Review, Vesting Tentative Tract Map No. 8517, Affordable Housing-Alternative Means of Compliance to Payment of Housing Impact Fee, and Density Bonus Waiver or Reduction of Development Standards) is consistent with the General Plan, including the following General Plan policies:

The Project is consistent with the General Plan, including the following General Plan policies:

Policy LU-1.1 Balance of Uses. Maintain a reasonable balance of land uses in the city so that residents can live close to where they work and satisfy their shopping, educational, personal, health, entertainment, and recreational needs close to home. The Project would result in new housing in an area adjacent to existing schools, parks, and retail centers, supporting a mixed-use balance that reduces travel distance for residents and creates a more complete neighborhood.

Policy LU-1.2 Growth Focus Areas. Achieve a future growth pattern which includes new neighborhoods on vacant land along the southern and western edges of the city, and infill development in transit-served areas such as Old Town and the Greater NewPark Mall Area.

Zoning and development review decisions should recognize these areas as the priority locations for growth and change over the next 20 years. The Project denotes the type of development envisioned in General Plan Policy LU-1.2 by directing residential growth to a designated expansion area along Newark’s western edge within the Area 3 and 4 Specific Plan. The project replaces a legal non-conforming industrial use with mainly low-density housing on a site that is already served by nearby infrastructure. By reallocating units from constrained subareas and utilizing land efficiently, the project supports the City’s goal of facilitating orderly, sustainable growth in its priority development areas.

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 EXHIBIT 7: Findings of Determination

Page 2 of 10 ends

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 removes a salvage yard, an underutilized industrial site, and redevelops it into conforming low-density residential uses in line with the site’s General Plan, Land Use Diagram (LU-1) designation.

Policy LU-2.3 High-Quality Development. Maintain standards for medium-density, highdensity, and mixed-use development that ensure high quality development and adequate buffering and screening from nearby lower density uses. The Project supports this policy by incorporating thoughtful site planning, architectural diversity, and high-quality design features that contribute to a visually attractive and cohesive residential neighborhood. The project includes articulated twostory homes with varied massing and elevations, recessed garages, a consistent architectural palette, and an emphasis on pedestrian-scale design. Landscaped parkways and 4.89 acres of common open space provide visual relief and functional buffers between homes and streets.

Additionally, the transition from a former industrial use to residential development is carefully managed through site remediation, perimeter fencing, and setbacks that enhance compatibility with surrounding uses. These features collectively reflect the City’s commitment to high-quality, context-sensitive development that elevates Newark’s built environment and aligns with the intent of Policy LU-2.3.

Policy LU-2.7 Design Guidelines. Maintain design guidelines and a design review process that applies to building and site design throughout the city. The Project is consistent with Policy LU-2.7 by adhering to the design standards established in the Areas 3 and 4 Specific Plan, which serve as the City’s design guidelines for the project area. The project incorporates thoughtful site planning, diverse architectural styles, landscaped parkways, pedestrian-scale lighting, and signage that collectively enhance visual quality and neighborhood character. It also ensures appropriate transitions and compatibility with adjacent uses by replacing an incompatible industrial use with well-designed single-family homes that reflect the scale and form of nearby residential areas.

Policy LU-2.5 Transitional Land Uses. Incorporate transitional land uses as buffers between land uses which are potentially incompatible. The Project replaces an industrial salvage use with residential, which transitions the land use pattern in the area to align more closely with surrounding neighborhoods.

Policy LU-3.5 Non-Conforming Uses. Work toward the eventual replacement or relocation of non-conforming industrial and heavy commercial uses located within areas designated for residential use on the General Plan Diagram. The Project removes a legal non-conforming salvage yard operation within an area designated for residential use, thereby directly implementing this General Plan goal.

Policy LU-7.1 Southwest Newark Residential and Recreational Project (Area 3 and 4 Development). Facilitate the development of the 637 acres formerly known as ‘The Area 3 and 4 project’ consistent with previously approved plans for this area. The residential holding capacity of this area shall be 1,260 units. The Project allows full buildout of the Area 3 and 4 Specific Plan area by reallocating units to an unconstrained portion of Subarea D, consistent with environmental and infrastructure limitations elsewhere.

II. Specific Plan Amendment and Planned Development (PD) Plan Pursuant to Newark Municipal Code Chapter 17.12.60, the City finds as follows:

EXHIBIT 7: Findings of Determination

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A. The proposed development is consistent with the general plan and any applicable specific plan, including the density and intensity limitations that apply. The proposed development is consistent with the goals and policies of the Newark General Plan and the Areas 3 and 4 Specific Plan, as amended. The project site is currently designated Low Density Residential, which is intended primarily for single-family residential development on lots greater than 5,000 square feet, with a maximum allowable density of less than 8.7 units per net acre. The Areas 3 and 4 Specific Plan further refines this designation by establishing four single-family lot sizes ranging from 3,150 to 4,800 square feet. The Mowry Village Project proposes 196 market-rate single-family detached homes across three lot types—45' x 75' (3,375 sf), 45' x 80' (3,600 sf), and 50' x 80' (4,000 sf)—all of which are consistent with the Specific Plan’s development framework and support a mix of housing options.

In addition, the Project includes a 31-unit below-market-rate multifamily building located on Parcel H, which proposes a density of 36.1 dwelling units per acre. Due to the exceeded density limits of Low Density Residential, the Project includes a General Plan Amendment to apply a higher-density land use designation to Parcel H. With this amendment, the Project is consistent with applicable General Plan density and intensity standards, and it advances the City’s goals of producing a range of housing types, including affordable units, in planned growth areas as outlined in the General Plan and Areas 3 and 4 Specific Plan.

B. Adequate transportation facilities and public services exist or will be provided in accord with the conditions of development plan approval, to serve the proposed development; and the approval of the proposed development will not result in a reduction of traffic levels of service or public services so as to be a detriment to public health, safety, or welfare. Adequate transportation facilities and public services currently exist or will be provided through conditions of approval to support the proposed Mowry Village Project. The Project has been evaluated through an Environmental Impact Report (EIR), including a transportation impact analysis that assessed vehicle trips, intersection performance, and vehicle miles traveled (VMT) in accordance with CEQA and City standards. While the Project would result in a significant and unavoidable impact related to VMT, mitigation measures, including transportation demand management strategies and regional fee programs, will be implemented. No intersection or roadway segment is projected to operate below acceptable levels of service as a result of the Project.

The Project will also dedicate 1.21 acres of right-of-way for the widening of Mowry Avenue and will construct internal private streets to City standards. Water, sewer, storm drainage, solid waste, and emergency response services are available and can be extended to the site as part of the subdivision improvements. The City’s service providers have reviewed the Project and confirmed the adequacy of infrastructure and capacity. Accordingly, the proposed development will not result in a reduction of traffic performance or public services so as to be detrimental to public health, safety, or welfare.

C. The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area. The proposed development will not have a substantial adverse effect on surrounding land uses and is compatible with both existing and planned land use character in the area. The project site is located within the Area 3 and 4 Specific Plan, which was adopted to guide the phased development of up to 1,260 residential units. While Subareas A, B, and C were originally intended to accommodate the full buildout, environmental constraints in Subareas B and C have limited the amount of developable land. The proposed project reassigns residential units to a disturbed, previously developed 29.2-acre site in Subarea D, thereby preserving sensitive wetlands and supporting the EXHIBIT 7: Findings of Determination

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overall residential vision of the Specific Plan. The lot sizes, architecture, and site layout are consistent with the character and standards of existing residential neighborhoods within Areas 3 and 4, including The Sanctuary and Sanctuary West projects, ensuring land use compatibility and cohesive neighborhood development. The remaining acreage in Subarea D retains the capacity for future recreational use consistent with the Specific Plan framework.

D. The development generally complies with applicable adopted design guidelines. The proposed development generally complies with the adopted design guidelines for Areas 3 and 4 Specific Plan. The project includes three lot sizes that fall within the ranges identified in the Specific Plan’s land use and design framework and are consistent with the overall lot patterns established in nearby residential developments such as The Sanctuary and Sanctuary West. The architectural styles incorporate varied rooflines, recessed garages, articulated façades, and high-quality materials that reflect the Specific Plan’s objectives for visual interest, neighborhood cohesion, and pedestrian orientation. Landscaping, lighting, and fencing elements have been designed to align with the area’s established character, ensuring that the project contributes to a cohesive and high-quality residential environment.

E. The proposed development is demonstratively superior to the development that could occur under the standards applicable to the underlying base district, and will achieve superior community design, environmental preservation and/or substantial public benefit. The proposed development is demonstratively superior to what could occur under the standards of the base RS-6000 zoning district and achieves superior community design and environmental preservation. The project introduces a thoughtfully designed neighborhood that integrates smaller lot sizes, private streets, passive recreation pedestrian paths, and approximately 4.89 acres of common open space, which exceeds what would typically be required under the base zoning. Additionally, by locating the project on a previously developed industrial site, the project facilitates the removal of a legal non-conforming auto dismantling use and avoids development in wetland-constrained portions of Subareas B and C.

This approach advances the Specific Plan’s residential goals while preserving sensitive environmental resources. Although Subarea D was originally identified for recreational use, approximately 70 acres remain available for future public amenities, and the project provides longterm community benefits that would not be realized under conventional zoning or recreational reserve.

III. Zoning Map Amendment
Pursuant to Newark Municipal Code section 17.39.080, the City finds as follows:

A. The amendment is consistent with the General Plan. The Project requires a Zoning Map Amendment to change the zoning of the project site from Park (PK) to RS-6000 (Single-Family Residential) and with a Planned Unit Development (PUD) overlay. The proposed RS-6000 zoning is consistent with the site’s General Plan designation of Low Density Residential, which allows for single-family development at a density of less than 8.7 units per net acre. The PUD overlay enables implementation of a Planned Development Plan that ensures tailored standards for lot sizes, setbacks, and design elements, consistent with the goals of the Areas 3 and 4 Specific Plan. The project also requires a Zoning Map Amendment to change the .84 acre (Parcel H) to Residential High Density to allow the 36.1 du/ac density needed for the affordable housing building. The RH zoning change would allow up to 60 du/ac, which would be consistent with the General Plan amendments. The zoning amendments support applicable General Plan policies including LU-1.1 EXHIBIT 7: Findings of Determination

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(Balance of Land Uses), LU-1.2 (Growth Focus Areas), LU-1.10 (Vacant and Underutilized Sites), and LU-7.1 (Area 3 and 4 Development) by enabling the productive reuse of a formerly industrial site for housing development in a planned growth area. Therefore, the Zoning Map Amendment is consistent with the General Plan.

B. Any change in district boundaries is necessary to achieve the balance of land uses desired by the city, consistent with the general plan, and to increase the inventory of land within a given zoning district. The Zoning Map Amendment reflects a shift from a recreational land use designation that is no longer feasible to one that supports much-needed residential development.

The existing PK zoning was intended to support recreational facilities such as a golf course, but due to environmental constraints elsewhere in the Specific Plan area and the infeasibility of constructing a large-scale recreational use on the subject site, it is appropriate to rezone the site for residential use. The change allows for the reallocation of residential units from environmentally constrained areas (Subareas B and C) to an infill site (Subarea D) that is already disturbed, previously developed, and well-served by infrastructure. This adjustment increases the supply of land available for residential use and helps implement the City’s housing goals in a balanced and environmentally responsible manner.

C. The amendment will promote the growth of the city in an orderly manner and to promote and protect the public health, safety, peace, comfort, and general welfare. The Zoning Map Amendment and accompanying Planned Development Plan will guide the orderly development of the site through the application of customized development standards that promote high-quality architecture, pedestrian connectivity, and integration of open space. The proposed development removes a heavy industrial use that is incompatible with surrounding neighborhoods and replaces it with a well-planned residential community, enhancing the character of the area while preserving sensitive wetland areas elsewhere in the Specific Plan boundary. The zoning change ensures consistency with the General Plan and Areas 3 and 4 Specific Plan, supports environmental preservation, and promotes public health, safety, and welfare by eliminating incompatible land uses, remediating the site, and providing new housing consistent with the City’s long-term vision.

IV. Design Review
Pursuant to Newark Municipal Code section 17.34.060, the City finds as follows:

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 Project would redevelop an industrial site currently occupied by a salvage yard and transform it into a thoughtfully designed residential neighborhood. The architectural massing and two-story scale of the homes are compatible with adjacent residential areas, particularly along Cherry Street, and the introduction of tree-lined private streets, articulated building facades, and usable open spaces will enhance the visual quality of the site and its surroundings.

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 Project includes three lot types and four architectural series to promote visual variety and housing diversity.

Front-facing homes with recessed garages, consistent setbacks, and walkable internal streets contribute to a cohesive and pedestrian-friendly layout. An internal private park and shaded sidewalks create a comfortable, resident-oriented environment.

EXHIBIT 7: Findings of Determination

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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 architectural styles reflect traditional residential character with varied elevations, pitched roofs, and a coordinated material palette of stucco, wood trim, and stone accents.

Entry monument signage and decorative fencing are designed to complement the homes and landscape, creating a unified community identity consistent with the Areas 3 and 4 Specific Plan design guidelines.

D. The design of streetscapes, including street trees, lighting, and pedestrian furniture, is consistent with the intended character of the area. The Project provides five-foot sidewalks, landscaped parkways with drought-tolerant trees and shrubs, and decorative LED pedestrian-scale lighting. These streetscape features support walkability and neighborhood identity while aligning with the Specific Plan’s street typologies and planting guidelines. The project integrates bioswales and low-impact design (LID) elements within the parkways to manage stormwater on site.

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 Project provides on-site parking in private driveways and garages accessed from alleys and shared lanes, minimizing visual impacts along primary street frontages.

The site design promotes walkability by avoiding front-loaded garages and emphasizing porchfronted homes. Stormwater is managed through landscaped areas, and heat-island effects are mitigated through tree shading and light-colored paving.

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’s lighting plan includes bollard lights along pedestrian paths, decorative streetlights along private streets, and shielded fixtures that conform to the City’s lighting standards. Lighting levels will ensure visibility and comfort while maintaining compliance with Municipal Code limits on light trespass (e.g., 0.3 foot-candle at property lines).

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 landscape plan incorporates “Bay-Friendly” practices, including the use of native and droughttolerant species, low-water irrigation systems, and integrated stormwater treatment areas consistent with Provision C.3 of the Municipal Regional Stormwater NPDES Permit. The internal park, private paseos, and landscaped parkways provide green relief and contribute to the aesthetic and environmental quality of the community.

V. Vesting Tentative Map No. 8517
The City makes the following findings which indicate conformance with the State Subdivision Map Act and the City’s Subdivision Ordinance (Newark Municipal Code Chapter 16.08):

A. The proposed map is consistent with the Newark General Plan and the Areas 3 and 4 Specific Plan, as amended, in accordance with Government Code §65451. The Project proposes to subdivide approximately 29.21 acres into 196 single-family residential lots, one lot (Parcel H) for a 30-unit below-market-rate multifamily building, private streets, and common open space parcels. The EXHIBIT 7: Findings of Determination

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subdivision is consistent with the amended Areas 3 and 4 Specific Plan, which reallocates previously unbuilt residential units from environmentally constrained Subareas B and C to Subarea D.

To accommodate the higher density on Parcel H, a General Plan Amendment is included as part of the Project to allow for residential densities greater than those permitted under the existing Low Density Residential land use designation. With this amendment, the Project is consistent with the General Plan and Specific Plan frameworks. The tentative map layout, lot sizes, parcel configuration, and circulation design implement the City’s land use vision for Subarea D and comply with applicable development standards and infrastructure requirements.

B. The subdivision site is physically suitable for the type and proposed density of development (Government Code Sections 66474(c), (d)). The site is currently occupied by an industrial salvage yard and is proposed for conversion to residential use through a Specific Plan Amendment and General Plan Amendment. The site is flat, previously developed, and free of significant topographic, geologic, or environmental constraints that would limit residential use. The Project proposes to subdivide approximately 29 net acres into 196 single-family residential lots, one parcel for a 31-unit below-market-rate multifamily building, private streets, and open space parcels. The resulting density for the single-family component is approximately 7.0 dwelling units per net acre, consistent with the Low Density Residential designation. The 31-unit below-market-rate multifamily building located on Parcel H will exceed that density and is supported by a General Plan Amendment to allow for higher-density development on that parcel. The proposed land uses are compatible with the greater surrounding residential neighborhoods, and the subdivision represents an appropriate and efficient infill development opportunity in a planned growth area.

C. The tentative tract map is consistent with the intent of applicable subdivision design or improvements of the tentative tract map are consistent with the city's general plan and any applicable specific plan. The subdivision design, including lot layout, street alignment, access points, and utility infrastructure, complies with the City’s subdivision design standards and the Areas 3 and 4 Specific Plan. The Project includes internal private streets, pedestrian sidewalks, landscaping, and public right-of-way dedication for the widening of Mowry Avenue. The infrastructure and design elements are consistent with applicable engineering standards and the vision for coordinated residential development in this area of the city.

D. The subdivision design and proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat (Government Code Section 66474(e)). Most of the site is highly disturbed and previously developed, with no identified sensitive habitat on-site. The certified Final Environmental Impact Report (FEIR) concluded that all biological and environmental impacts can be mitigated to less-than-significant levels. Furthermore, by reallocating units away from wetland-constrained areas of Subareas B and C, the Project avoids potentially significant environmental impacts elsewhere in the Specific Plan area.

E. The design of the subdivision or type of improvements will not cause serious public health concerns (Government Code Section 66474(f)). The Project includes the remediation of a former auto dismantling facility in accordance with applicable environmental standards. All improvements will be constructed in compliance with City engineering, building, and public health regulations.

The subdivision will be served by existing municipal water, sewer, and emergency services, and no use of hazardous materials or unsafe conditions are anticipated.

F. The design of the subdivision or the type of improvements will not conflict with easements, EXHIBIT 7: Findings of Determination

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acquired by the public at large, for access through or use of property within the proposed subdivision; or alternate easements are provided pursuant to Government Code Section 66474(g).

The City has reviewed the title and survey information and has confirmed that the proposed subdivision does not conflict with any known public access easements. All necessary utility and access easements are identified on the tentative map, and new easements will be recorded as required to ensure adequate service access and connectivity.

G. The design or improvements of the tentative map are consistent with the city's general plan and any applicable specific plan. The tentative map establishes 196 single-family residential lots, one lot (Parcel H) for a 31-unit below-market-rate multifamily development, private internal streets, and common open space parcels. The subdivision layout, lot sizes, and circulation system are consistent with the amended development framework for Subarea D, which reallocates residential units from constrained subareas and promotes infill development. While the multifamily component on Parcel H exceeds the density permitted under the Low Density Residential designation, a General Plan Amendment is included as part of the Project to ensure consistency. As amended, the Project supports General Plan policies promoting orderly growth, a variety of housing types, and long-term housing production, while enhancing neighborhood connectivity and compatibility with surrounding uses.

H. The subdivision is designed to provide for future passive or natural heating or cooling opportunities (Government Code Section 66473.1). The orientation and spacing of lots provide adequate solar access and opportunities for passive heating and cooling. The layout accommodates landscape buffering, pedestrian pathways, and open space areas that support natural ventilation and shading. The Project will have infrastructure that will allow it to be 100% electric. The Project will also be subject to the energy efficiency standards in Title 24 of the California Building Code at the time of construction.

I. The tentative tract map, including design and improvement, shall comply with all the applicable provisions and requirements of Title 17, the latest municipal stormwater permit issued to the city by the regional water quality control board, this title, any other ordinance of the city, and the Subdivision Map Act. The Project has been reviewed for compliance with Title 17 (Zoning), Title 16 (Subdivisions), and the Municipal Regional Stormwater NPDES Permit (Provision C.3).

The site design incorporates bioretention areas, stormwater treatment measures, and low-impact development (LID) practices to manage runoff in accordance with applicable water quality regulations. Final improvement plans will be reviewed by City staff for compliance with all local and regional requirements.

VI. Alternative Means of Compliance
The City makes the following findings which indicate conformance with Newark Municipal Code Section 17.18.050:

A. The proposed alternative means of compliance fulfills the purposes of this chapter as set forth in Section 17.18.010, Purpose. The Project includes an on-site Affordable Housing Plan that proposes the construction of 31 units below-market-rate, including 10 units for very low-income households, 20 units for low-income households and a manager unit in lieu of payment of the Housing Impact Fee. This approach fulfills the purposes of Newark Municipal Code Chapter 17.18 by directly increasing the supply of affordable housing within the city and promoting an economically balanced community with housing available to households of all income levels, which is only possible if some of the housing built within the city is affordable to households with limited EXHIBIT 7: Findings of Determination

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incomes.

B. The proposed alternative means of compliance will further affordable housing opportunities in the city to an equal or greater extent than compliance with the requirements of Section 17.18.020, Housing Impact Fee, and will fully mitigate the impact of the project on the need for affordable housing. The construction of a 31-unit below-market-rate multifamily building represents a greater affordable housing benefit than would be achieved through payment of the Housing Impact Fee alone. These units will be deed-restricted within an amenity-rich area. The Project provides a longterm and tangible contribution to the City's affordable housing stock and fully mitigates the demand generated by the proposed development
C. The proposed alternative means of compliance would better address the city's needs than compliance with the requirements of Section 17.18.020, Housing Impact Fee. The City’s most pressing affordable housing need is the physical delivery of affordable units, particularly for very low- and low-income households. By producing affordable units on-site, the Project avoids the uncertainty and time lag associated with fee collection and third-party development. This proposal provides a more direct and timely response to the City’s housing needs, furthers regional housing obligations (RHNA), and ensures economic integration within the project neighborhood. Therefore, the proposed alternative better addresses the City’s needs than the payment of the impact fee.

D. The proposed alternative means of compliance will not unduly concentrate affordable housing in one geographic area so as to result in housing segregation. The Project site is located in Subarea D of the Areas 3 and 4 Specific Plan and will result in a new residential neighborhood that includes a mix of affordable and market-rate homes. The 31 affordable units will be physically integrated and clustered within the development. The site is within an area served by high-quality schools, parks, and services. Therefore, the proposed affordable housing plan does not result in an undue geographic concentration of affordable housing and will not contribute to housing segregation within the city.

VII. Density Bonus for Affordable Housing
Pursuant to Newark Municipal Code Section 17.19.050(B), the City must approve such waivers unless it makes one or more of the following findings:

A. The waiver or modification would have a specific, adverse impact upon health, safety, or the physical environment that cannot be mitigated. The City finds that none of the requested waivers would result in a specific, unmitigable adverse impact on health, safety, or the physical environment.

The Project has been reviewed through a comprehensive Environmental Impact Report (EIR), which concluded that, except for transportation-related vehicle miles traveled (VMT), all potentially significant environmental impacts can be mitigated to a less-than-significant level. The proposed reductions in lot depth, height, setbacks, parking and open space standards do not affect grading, hazardous materials, or utility infrastructure in a way that would compromise health or safety.

Adequate building separation, fire access, stormwater treatment, and emergency response access are maintained. Therefore, this exception does not apply.

B. The waiver or modification would have an adverse impact on real property listed in the California Register of Historical Resources. The Project site does not include, and is not adjacent to, any property listed on the California Register of Historical Resources. The site is currently EXHIBIT 7: Findings of Determination

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occupied by an auto dismantling facility with no historic structures or features. Cultural resource analysis conducted as part of the EIR confirmed that no known historic or archaeological resources exist on-site or would be affected by Project implementation. Therefore, the requested waivers would not have any adverse impact on properties listed on the California Register, and this exception does not apply.

C. The waiver or modification would be contrary to state or federal law. The requested waivers are consistent with the State Density Bonus Law (Government Code Section 65915) and Newark Municipal Code Chapter 17.19. They do not violate any provision of federal fair housing law, the California Building Code, or other applicable regulations. Rather, they are explicitly authorized by statute to facilitate the inclusion of affordable housing. The granting of such waivers is required unless one of the narrow exceptions applies, which, in this case, none do. Therefore, granting the waivers is not contrary to state or federal law.

EXHIBIT 8
Density Bonus Waivers for Affordable Housing Building/Site Resolution No. ______ 1 of 72
RESOLUTION NO. ______

RESOLUTION OF THE CITY COUNCIL TO APPROVE CERTIFICATION OF THE FINAL

ENVIRONMENTAL IMPACT REPORT (FEIR), AND ADOPT FINDINGS ON IMPACTS,

MITIGATION MEASURES AND ALTERNATIVES, A STATEMENT OF OVERRIDING

CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE “MOWRY VILLAGE” SUBDIVISION PROJECT AT 7400–7550 MOWRY AVENUE (APNS 537-0850-001-11, 537-0850-001-13, AND 537-0850-002-00) WHEREAS, Mowry Project Owner, LLC (“Applicant”), submitted applications for a General Plan Amendment, Specific Plan Amendment, Rezone, Vesting Tentative Tract Map, Design Review, Alternative Means of Compliance, and Density Bonus Waiver for the “Mowry Village” subdivision project, an approximately 29.1 acres site located at 7400–7550 Mowry Avenue (APNs 537-0850-001-11, 537-0850-001-13, and 537-0850-002-00) (“Project Entitlements”); and
WHEREAS, the project proposes demolition of the existing auto dismantler (“Pick-nPull”) and construction of 196 market-rate single-family detached homes, a 31-unit multifamily building consisting of 30 deed-restricted affordable units and one manager’s unit, on-site private streets, utility and drainage improvements, off-site roadway improvements (including the widening of Mowry Avenue), and approximately 4.89 acres of open space (“Partial Affordable Project”); and
WHEREAS, the City issued a Notice of Availability/Notice of Completion of the Draft EIR for the Project on August 2, 2023, announcing the availability of the Draft EIR for public review and comment (“DEIR or Draft EIR”) for a 45-day public review and comment period, which expired on September 18, 2023; and
WHEREAS, the City prepared a Responses to Comments/Final EIR that was released to the public, including commenting agencies, on October 3, 2025, which responded to all comments received on the Draft EIR during the comment period and made some edits to the Draft EIR. The Final EIR is incorporated herein by reference and available at www.NewarkCA.Gov; and
WHEREAS, the Final EIR contains a description of the Partial Affordable Project as Alternative 5, an analysis of its impact, and a comparison of its impacts to those of the proposed Project and other alternatives analyzed in the Draft EIR; and WHEREAS, the Environmental Impact Report (SCH #2021110436) (“EIR”) consisting of the Draft EIR and Responses to Comments/Final EIR has been prepared pursuant to the California Environmental Quality Act (“CEQA” (Public Resources Code § 21000 et seq.)) to Resolution No. ______ 2 of 72
analyze the environmental effects of the project and alternatives, including the Partial Affordable Alternative; and
WHEREAS, CEQA and Section 15000 et. seq. of Title 14 of the California Code of Regulations (“CEQA Guidelines”) which govern the preparation, content, and processing of environmental impact reports, have been fully implemented in the preparation of the EIR; and WHEREAS, on November 19, 2025, the City Planning Commission held a public hearing on the Project Entitlements, the EIR and proposed Resolutions to recommend to the City Council approval of the Project Entitlements and certification of the EIR and adoption of findings on impacts, mitigation measures and alternatives, a statement of overriding considerations and a mitigation monitoring and reporting program (“Resolutions”). After the close of the public hearing, the Planning Commission voted 5-0 to adopt the Resolutions; and WHEREAS, on December 11, 2025, the City Council held a public hearing on the Project Entitlements for the Partial Affordable Project, certification of the EIR, adoption of the environmental findings (Exhibit 1) and Statement of Overriding Considerations (Exhibit 2) and adoption of the Mitigation Monitoring and Reporting Program (Exhibit 3); and WHEREAS, the City Council has reviewed the EIR, the staff reports pertaining to the EIR, all evidence received by the City Council at public meetings and hearings relating to the Partial Affordable Project and EIR, and the record of proceedings as a whole, all of which documents and evidence are hereby incorporated by reference into this Resolution; and WHEREAS, the EIR identified certain significant and potentially significant adverse effects on the environment caused by the proposed project and alternatives (including the Partial Affordable Project) most of which are mitigated to less than significant, except for the impact relating to vehicle miles traveled (VMT) which cannot be reduced to less than significant and remain significant and unavoidable; and
WHEREAS, the Statement of Overriding Considerations sets forth certain overriding economic, social, and other considerations for approving the Partial Affordable Project despite the significant and unavoidable impact on VMT; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark certify the EIR and make findings on the environmental impacts of the Partial Affordable Project (Alternative 5 in the Final EIR) under CEQA as follows:

1. The EIR has been completed in compliance with CEQA and the CEQA Guidelines.

2. The City Council has independently reviewed and considered the record and the EIR prior to making its decision to certify the EIR and taking any action to approve the Partial Affordable Project.

3. The EIR represents the independent judgment, review and analysis of the City.

Resolution No. ______ 3 of 72

4. The EIR provides information to the decision-makers and the public on the environmental consequences of the Partial Affordable Project.

5. The EIR adequately discusses the potential adverse environmental effects, ways in which such effects might be mitigated, and alternatives to the Partial Affordable Project which would reduce or avoid such adverse effects.

6. The EIR is adequate to support all actions in connection with the approval of the Partial Affordable Project and all other actions necessary for approval of the Partial Affordable Project.

7. Adopt the CEQA findings in Exhibit 1 to this Resolution, including Findings on Impacts and Mitigation Measures, Rejection of Certain Alternatives and Mitigation Measures as Infeasible, and Adopting a Statement of Overriding Considerations as set forth in Exhibit

2. 8. Adopt the Mitigation Monitoring and Reporting Program in Exhibit 3 of this Resolution.

9. The documents and other materials that constitute the record of proceedings upon which the City Council has based its decision are located in and may be obtained from, the City Clerk or Planning Dept, City of Newark, 37101 Newark Blvd, Newark, CA 94560. The City Clerk is the custodian of records for all matters before the City Council.

Exhibits:
1: Findings on Impacts and Mitigation Measures, Rejection of Certain Alternatives and Mitigation Measures as Infeasible
2: Statement of Overriding Considerations
3: Mitigation Monitoring and Reporting Program
Resolution No. ______ 4 of 72
EXHIBIT 1

FINDINGS ON IMPACTS AND MITIGATION MEASURES, REJECTION OF

CERTAIN ALTERNATIVES AND MITIGATION MEASURES AS INFEASIBLE I. Introduction
On behalf of the City of Newark (City), and pursuant to the California Environmental Quality Act (CEQA) and Title 14, Chapter 3 of the California Code of Regulations (CEQA Guidelines), the City’s Planning Division has prepared an Environmental Impact Report (EIR) for the Mowry Village Project (proposed project). The City is the lead agency for the EIR.

Approval of a project with significant impacts requires that findings be made by the lead agency pursuant to CEQA (California Public Resources Code, Section 21000, et seq.), and State CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3) Sections 15043, 15091, and 15093. CEQA Guidelines Section 15092(b) requires the findings associated with the significant impacts of a project that are either: (1) mitigated to a less than significant level pursuant to the mitigation measures identified in the EIR; or (2) mitigation measures notwithstanding have a residual significant impact that requires a Statement of Overriding Consideration be supported by substantial evidence in the administrative record, which includes the documents, materials, and other evidence. The Mowry Village Project Final EIR (FEIR), which includes the Draft EIR (DEIR) and responses to comments on the DEIR, and as supported by the administrative record, concluded that all project impacts, except for impacts related to transportation, would be mitigable to less than significant. The FEIR and DEIR concluded that impacts related to vehicle miles traveled (VMT) under transportation would be significant and unavoidable even with implementation of mitigation measures.

These findings are organized as follows:

Section V.A: Findings Regarding No Impact or Less than Significant Impacts. This section provides the City’s findings associated with impacts identified as “no impact” or “less than significant” in the FEIR.

Section V.B: Findings Regarding Potentially Significant Impacts. This section provides the City’s findings with respect to impacts identified as potentially significant that are reduce to less than significant through the adoption of feasible mitigation measures identified in the FEIR.

Section V.C: Findings Regarding Significant and Unavoidable Impacts. This section provides the City’s findings with respected to impacts identified as significant and unavoidable that have impacts that cannot be reduced to a less than significant level even with adoption of feasible mitigation measures identified in the FEIR.

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II.Project Environmental Review
The DEIR addressed the potential environmental effects of the proposed project. The City distributed a Notice of Preparation (NOP) of a DEIR beginning on November 30, 2021. The NOP was distributed for a 30-day comment period that ended on January 3, 2022. The Public Scoping Meeting on the DEIR was held on December 14, 2021. The comments received on the NOP and during the Public Scoping Meeting were considered in the preparation of the DEIR. The scope of the DEIR included the potential impacts identified in the NOP and issues raised by agencies and the public in response to the NOP.

The City of Newark filed a Notice of Completion (NOC) with Governor’s Office of Land Use and Climate Innovation (LCI) to begin the public review period for the DEIR (PRC, Section 21161). Concurrent with the NOC, the DEIR has been distributed to responsible and trustee agencies, other affected agencies, surrounding cities, and interested parties, as well as to all parties requesting a copy of the DEIR in accordance with PRC Section 21092(b)(3).

The DEIR was published by the City and available for review for a 45-day public review period that began on August 2, 2023 and ended on September 18, 2023. The DEIR, including the technical appendices, are available for review online on the City’s website at:
https://www.newark.org/departments/community-development/planning-division/projectsunder-environmental-review.

During the public review period, the interested public and responsible and trustee agencies were invited to submit comments on the DEIR to the City’s Community Development Department. Verbal comments on the DEIR were also accepted at the Planning Commission meeting held on August 22, 2023.

Following the completion of the public review period, the City reviewed all comments received on the DEIR and prepared a FEIR. The FEIR, which incorporates by reference the DEIR, includes all comments received during the public review period, responses to those comments, and also describes any changes to the DEIR that resulted from the comments received. All persons who commented on the DEIR have been notified of the availability of the FEIR and all responses to comments submitted on the DEIR by public agencies have been provided to those agencies at least 10 days prior to the City Council consideration of the EIR.

Section 21081.6 of CEQA requires lead agencies to adopt a mitigation monitoring or reporting program (MMRP) for any project for which it has made mitigation findings pursuant to Section 21081. The City has prepared a MMRP.

The EIR is the subject of these Findings and presented for certification consists of the DEIR and the FEIR.

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The City and responsible agency approvals necessary for implementation of the project are:

Jurisdiction Permits/Approval
City of Newark Certification of CEQA document
Adoption of MMRP
Adoption of Findings of Facts and Statement of
Overriding Considerations
General Plan Amendment
Rezone Amendment
Planned Unit Development
Specific Plan Amendment
Vesting Tentative Map
Design Review
Grading, Building, and Encroachment Permit
Other Agencies USD Stormwater Discharge Permit
State Water Resources Control Borad National
Pollutant Discharge Elimination System
Construction General Permit
San Francisco Bay Conservation and
Development Commission Administrative Permit
The EIR was prepared to meet all applicable CEQA requirements necessary to support these actions by the City Council and the responsible agencies.

III. Mowry Village Project Amendments and Environmental Review A. Record of Proceedings and Custodian of Record
For purposes of CEQA and these Findings, the record of proceedings consists of the following documents and testimony, at a minimum:

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• The EIR, which consists of the Mowry Village Project Draft Environmental Impact Report (State Clearinghouse No. 2021110436), dated August 2, 2023 and published and circulated for public review and comment by the City from August 2, 2023 through September 18, 2023 (the DEIR), and the Mowry Village Project Final Environmental Impact Report, published and made available for public review on October 3, 2025 (the FEIR), and all appendices, reports, documents, studies, memoranda, maps, testimony, and other materials related thereto;
• All public notices issued by the City in connection with the project and the preparation of the DEIR and the FEIR, including but not limited to public notices for all public workshops and scoping sessions held to seek public comments and input on the project; • All written and oral communications submitted by agencies or interested members of the general public during and immediately after the public review periods for the DEIR and FEIR, including oral communications made at public hearings or meetings held for the project;
• All minutes, testimony, statements, comments and other materials memorializing, describing or relating to workshops, meetings, scoping sessions, and hearings conducted by the City Council, City’s Planning Commission, and all other departments of the City relating to the City’s review and consideration of the project; • All other public reports, studies, documents, memoranda, maps, or other materials reviewed and/or considered by the City in connection with its review and consideration of the proposed project, the DEIR, the FEIR, and the MMRP, whether prepared by the City, its consultants, or by third parties;
• All matters of common knowledge to the members of the City’s City Council, including but not limited to: (i) the City’s General Plan, zoning ordinance, and other applicable policies and ordinances; (ii) information regarding the City’s fiscal status and economic and development patterns and trends; (iii) federal, state and local laws, regulations, guidelines and publications applicable to or affecting the project; and (iv) reports, projections, documents and other materials regarding statewide, regional, and local planning and development matters within and outside of the City; and • All other documents and materials relating to the proposed project as described in PRC Section 21167.6, as applicable.

The record of proceedings is available for review by responsible agencies and interested members of the public during normal business hours at 37101 Newark Boulevard, Newark, California. The custodian of these documents is the City of Newark Clerk’s Office.

IV. Proposed Project, Project Alternatives and Selection of Alternative 5 Partial Affordable Housing Alternative
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The proposed project evaluated in the DEIR involves implementation of the Mowry Village Project which includes development of an approximately 29 acre site located in the City of Newark in southwestern Alameda County, California, southwest of the intersection of Mowry Avenue and the Union Pacific Railroad (UPRR) tracks, west of Cherry Street as follows:
demolition of existing on-site structures and remediation of the site to redevelop the site with 203 single-family detached homes. The proposed project would also include additional onand off-site improvements including, but not limited to, construction of on-street parking, drive aisles, utility improvements, LID drainage and water quality treatment areas, construction of secondary emergency vehicle access (EVA) point, landscaping and widening of Mowry Avenue.

The DEIR evaluated the potentially significant, adverse, and beneficial environmental impacts resulting from the proposed project. As identified in the DEIR and FEIR, the proposed project was determined to result in a significant and unavoidable impact related to transportation, specifically VMT. In addition to the proposed project, the DEIR included an analysis of project alternatives which were developed to lessen the significant impacts, including the significant and unavoidable impact related to VMT, that were identified in the DEIR.

The CEQA Guidelines require that an EIR describe a reasonable range of alternatives that would feasibly attain most of the basic project objectives but would avoid or substantially lessen any of the significant environmental effects of the project, and then evaluate the comparative merits of such alternatives. (Guidelines §15126(a)).

In accordance with CEQA Guidelines 15126.6, the DEIR contained a comparative impact assessment of alternatives to the proposed project. The primary purpose of the assessment was to provide decision-makers and the public with a reasonable number of feasible project alternatives that could attain most of the basic project objectives while avoiding or reducing any of the project’s significant adverse environmental effects. Important considerations for the alternatives’ analyses are provided below:
• An EIR need not consider every conceivable alternative to a project; • An EIR should identify alternatives that were considered by the lead agency, but rejected as infeasible during the scoping process;
• Reasons for rejecting an alternative include:
o Failure to meet most of the basic project objectives
o Infeasibility
o Inability to avoid significant environmental effects of the proposed project Resolution No. ______ 9 of 72
A range of potential alternatives was developed and subjected to the screening criteria in the Draft EIR. Several representative alternatives were considered. There was no attempt to include every conceivable alternative. The following criteria were used to screen potential alternatives:
• Does the alternative meet most of the project objectives? • Is the alternative potentially feasible?
• Would the alternative substantially reduce one or more of the significant impacts associated with the project?
The four project alternatives considered in the Draft EIR include Alternative 1: No Project Alternative, Alternative 2: Multi-Family Residential Alternative, Alternative 3: Reduced Density Alternative, and Alternative 4: 100 Percent Affordable Housing Alternative. These four alternatives were developed to lessen the significant impacts, including significant and unavoidable impact related to VMT, that were identified in the DEIR. A description of each alternative and the findings are outlined below and set forth in full in the EIR.

In addition to the four project alternatives considered in the DEIR, an additional project alternative, Alternative 5: Partial Affordable Housing Alternative was identified in the FEIR based on comments received on the DEIR and at the discretion of the project applicants. A description of the additional alternative included in the FEIR and the findings are outlined below.

A. DEIR Project Alternatives
The following four alternatives described below were analyzed in the DEIR.

Alternative 1: No Project Alternative.

Description. The No Project Alternative assumes that no additional development would occur on the project site. Under this alternative, the project site would remain developed with the existing structures for commercial uses. The existing structures and surface lot would continue to be used as an auto part and scrap metal salvage lot. The northern parcel of the project site would continue to be undeveloped land.

Finding. The No Project Alternative would reduce the significant and unavoidable impact to VMT, but it would have greater impacts to energy, geology and soils, GHGs, hazards and hazardous materials, hydrology and water quality, land use and planning, and noise.

Additionally, the No Project Alternative would not achieve any of the project objectives shown below:
• Implement the City’s General Plan by developing the site with low-density residential; Resolution No. ______ 10 of 72
• Support the City in meeting its Regional Housing Needs Allocation (RHNA) target assigned by the Association of Bay Area Governments (ABAG); • Provide high quality residential development including a mix of lot sizes; • Minimize environmental impacts associated with residential development by siting the project on developed and disturbed lands;
• Remediate contaminated soil on-site to levels suitable for residential development; • Create a residential development that integrates multi-modal transportation (pedestrian, bicycle, automobile) and connects the development to existing, nearby bus transit stops and active centers by improving Mowry Avenue and upgrading the at-grade vehicular and pedestrian crossing along Mowry Avenue at the UPRR railroad tracks to increase safety.

Alternative 2: Multi-Family Residential Alternative.

Description. Under the Multi-family Residential Alternative, the project would include the demolition of existing uses and remediation of existing contaminants on-site, same as the proposed project. However, under this alternative, the project would develop 405 multifamily residential units. Under the Multi-family Residential Alternative, the project would construct 405 multi-family residential units on 29 acres, resulting in a density of approximately 14 units per acre and therefore, would require a General Plan Amendment from Low Density Residential to Medium Density Residential to allow for the increased density. This alternative would provide multi-family residential units that range from garden apartments and condominiums to townhomes and row houses that would have a maximum building height of 60 feet, in accordance with the development standards of the Areas 3 and 4 Specific Plan.

Finding. The Multi-family Residential Alternative would not eliminate or reduce the significant and unavoidable impact to VMT. This alternative would have equivalent impacts compared to the proposed project on aesthetics, biological resources, cultural resources, geology and soils, hazards and hazardous materials, land use and planning, mineral resources, population and housing, tribal cultural resources, and wildfire. The Multi-family Residential Alternative would result in greater impacts to air quality, energy, GHG, noise public services, recreation, and utilities and service systems. The Multi-family Residential Alternative would not achieve the project objective shown below:
• Implement the City’s General Plan by developing the site with low-density residential.

All other project objectives would be achieved at an equivalent or better level than the proposed project under this alternative. This alternative would require modification of the site layout and conversion from single-family residential units to multi-family residential units.

This alternative would result in a density of 14 units per acre and would require a General Resolution No. ______ 11 of 72
Plan Amendment to designate the site as medium density residential. As such, this alternative would not meet the project objective to provide low density residential uses at the site.

Alternative 3: Reduced Density Alternative.

Description. Under the Reduced Density Alternative, the project site would be developed with 64 single-family detached residential homes on the 29 acre project site. The Reduced Density Alternative would have a resulting density of approximately 2.2 dwelling units per acre which is within the allowable density of 8.7 dwelling units per acre for the Low Density Residential General Plan land use designation. The Reduced Density Alternative would continue to involve the demolition of existing uses and structures at the project site, remediation of the project site, and would involve additional on- and off-site improvements, similar to the proposed project. Though the Reduced Density Alternative’s density of 2.2 dwelling units per acre would be within the allowable density for Low Density Residential General Plan land use designation, it would underutilize the allowable density of the designation of the project site.

Finding. Though the Reduced Density Alternative would not result in a net increase in VMT above existing conditions, VMT generated by this alternative would be above the threshold of significance and therefore, this alternative would not eliminate the significant and unavoidable impact to VMT. This alternative would have equivalent impacts compared to the proposed project on aesthetics, agriculture and forestry resources, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, population and housing, transportation, tribal cultural resources, and wildfire. The Reduced Density Alternative would have less impacts compared to the proposed project on air quality, energy, GHG, noise, public services, recreation, and utilities and service systems. The Reduced Density Alternative would achieve all of the project objectives. However, the Reduced Density Alternative was determined to meet two of the project objectives to a lesser degree than the proposed project as this alternative would provide substantially less units to contribute to the City’s RHNA and would not provide a significant mix of lot sizes. The remaining four objectives were determined to be met at an equivalent level to the proposed project.

Though the Reduced Density Alternative’s density of two units per acre would be within the allowable density for Low Density Residential General Plan land use designation, it would underutilize the allowable density of the designation of the project site. Additionally, the Areas 3 and 4 Specific Plan did not envision lot sizes for residential developments with a two unit per acre density. The demolition of the existing uses, remediation of the project site, and construction of single-family homes within the project site would be extensive and costly and the high costs the Applicant would incur from development of this alternative would be greater than the revenue generated by development of this alternative.

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Alternative 4: 100 Percent Affordable Housing Alternative.

Description. Under the 100 Percent Affordable Housing Alternative, the project would include the demolition of existing uses and remediation of existing contaminants on-site, same as the proposed project. This alternative is similar to the Multi-family Residential Alternative; however, under this alternative, the project would develop 405 multi-family residential units that are 100 percent affordable. Under the 100 Percent Affordable Housing Alternative, the project would construct 405 affordable multi-family residential units on 29 acres, resulting in a density of approximately 14 units per acre and therefore, would require a General Plan Amendment from Low Density Residential to Medium Density Residential to allow for the increased density. This alternative assumed that no density bonus law would be applied. This alternative would provide multi-family residential units that range from garden apartments and condominiums to townhomes and row houses that would have a maximum building height of 60 feet, in accordance with the development standards of the Areas 3 and 4 Specific Plan.

Finding. The 100 Percent Affordable Housing Alternative would not eliminate or significantly reduce the significant and unavoidable impact to VMT. Under this alternative, the project would have equivalent impacts compared to the proposed project on aesthetics, biological resources, cultural resources, geology and soils, hazards and hazardous materials, land use and planning, mineral resources, population and housing, tribal cultural resources, and wildfire. The 100 Percent Affordable Housing Alternative would result in greater impacts to air quality, energy, GHG, noise, public services, recreation, and utilities and service systems. The 100 Percent Affordable Housing Alternative would not achieve the project objective shown below:
• Implement the City’s General Plan by developing the site with low-density residential.

All other project objectives would be achieved at an equivalent or better level than the proposed project under this alternative. This alternative would require modifications to the site layout and conversion of units from single-family residential units to multi-family residential units. This alternative would result in a density of 14 units per acre and would require a General Plan Amendment to designate the site as medium density residential. As such, this alternative would not meet the project objective to provide low density residential uses at the site.

B. FEIR Project Alternative
In addition to the four alternatives described above, based on comments received on the DEIR and at the discretion of the project applicants, an additional alternative was identified in the FEIR to provide an alternative to potentially reduce the significant and unavoidable transportation impact identified in the DEIR. The Partial Affordable Housing Alternative has Resolution No. ______ 13 of 72
been included in the FEIR as an additional alternative for the proposed project. The Partial Affordable Housing Alternative is described below.

Alternative 5: Partial Affordable Housing Alternative.

Description. Under the Partial Affordable Housing Alternative, the number of single-family residential units would be reduced from 203 units to 196 units and would include the addition of 30 affordable multi-family residential units and one manager’s unit. In total the Partial Affordable Housing Alternative would provide 227 residential units consisting of 196 singlefamily units, 30 affordable multi-family units and one manager’s unit. The Partial Affordable Housing Alternative would be located on the same project site within the same footprint and would also include the demolition of existing uses and remediation of the existing soil and groundwater contamination. The 30 affordable multi-family units under this alternative would be designed as low and very-low income rental units. The 30 affordable units would be located on 0.84 acres of the total project site and would be located in the northeast corner of the project site.

Under this alternative, the single-family detached homes would retain the same range of floor plans and architectural styles as the proposed project. The multi-family units proposed under this alternative would be constructed in a three-story building and would have a maximum building height of 60 feet in accordance with the development standards of the Areas 3 and 4 Specific Plan. The gross building area of the proposed affordable building would be 29,535 square feet with Level 1 of the building proposed to be 11,135 square feet and Levels 2 and 3 would be 9,200 square feet each. The proposed affordable building would contain a combination of studios, one-bedroom units, two-bedroom and three-bedroom units.

Additionally, the architectural style of the affordable building would be consistent with the architectural styles of the single-family homes. A total of 30 parking stalls would be constructed in a parking lot on the same parcel as the multi-family structure to provide one parking space per unit. The Partial Affordable Housing Alternative would include all proposed on- and off-site improvements outlined for the proposed project and would only differ from the proposed project in the number of single-family homes provided and the addition of the multi-family affordable housing component.

Finding. The Partial Affordable Housing Alternative would not eliminate or significantly reduce the significant and unavoidable impact to VMT. However, this alternative would slightly decrease VMT generated by the project due to the inclusion of affordable housing.

Under this alternative, the project would have equivalent impacts compared to the proposed project on aesthetics, biological resources, cultural resources, geology and soils, hazards and hazardous materials, land use and planning, mineral resources, population and housing, tribal cultural resources, and wildfire, therefore, would have the same impact for these resources as identified in the Draft EIR for the proposed project. The Partial Affordable Housing Alternative would result in greater impacts to air quality, energy, noise, public services, Resolution No. ______ 14 of 72
recreation, and utilities and service systems but those impacts would remain less than significant with mitigation, the same impact conclusion in the Draft EIR for the proposed project. The Partial Affordable Housing Alternative would reduce impacts to GHG compared to the proposed project, but the impact would be less than significant the same impact conclusion in the Draft EIR for the proposed project. Therefore, overall, the impacts of the Partial Affordable Housing Alternative would have the same level of significance and be subject to the same mitigation measures as the proposed project identified in the Draft EIR.

Additionally, this alternative would meet all project objectives at an equal level or better than compared to the proposed project.

C. Findings Regarding Environmentally Superior Alternative Section 15126.6(e)(2) of the CEQA Guidelines indicates that an analysis of alternatives to a project shall identify an Environmentally Superior Alternative among the alternatives evaluated in an EIR. The CEQA Guidelines also state that should it be determined that the Environmentally Superior Alternative is infeasible, the EIR shall identify an environmentally inferior but feasible alternative among the remaining alternatives.

The DEIR identified Alternative 3: Reduced Density Alternative as the environmentally superior alternative, as it would reduce, but not avoid, the proposed project’s significant and unavoidable VMT impacts, all other resource areas would be less than significant or less than significant with mitigation, would not result in greater impacts than the proposed project to any resource areas, and would meet all project objectives.

However, as outlined below, the Reduced Density Alternative would underutilize the project site and would be infeasible. Therefore, the identification of another environmentally superior alternative is required.

Finding. Alternative 3: Reduced Density Alternative is considered infeasible for specific economic, social, and policy reasons as described below.

1. Economic Infeasibility:

Alternative 3 would reduce the overall development intensity by 68 percent. The demolition of the existing uses, remediation of the project site, and construction of single-family homes within the project site would be extensive and costly and the high costs the applicant would incur from development of this alternative would be greater than the revenue generated by development of this alternative.

2. Social and Policy Considerations:

While Alternative 3 would reduce environmental impacts, it would meet the project objectives but not to the same extent as the proposed project. Alternative 3 was determined to meet two of the project objectives to a lesser degree than the proposed project as this Resolution No. ______ 15 of 72
alternative would provide substantially less units to contribute to the City’s RHNA and would not provide a significant mix of lot sizes. Alternative 3 would not provide any affordable housing and would not help the City meet the State’s Affirmatively Furthering Fair Housing (AFFH) goal. Additionally, the Areas 3 and 4 Specific Plan did not envision lot sizes for residential developments with a two unit per acre density and would underutilize the allowable density of the designation for the project site.

3. Technical/Design Considerations:

Alternative 3 would result in a fragmented site layout with reduced connectivity and circulation inefficiencies and would underutilize the allowable density of the land use designation of the project site.

Conclusion. For the reasons stated above, Alternative 3 is infeasible within the meaning of CEQA Guidelines Section 15091(a)(3). The City Council hereby rejects this alternative.

D. Adoption of Alternative 5
The City Council selects Alternative 5: Partial Affordable Housing Alternative as the approved project. Although Alternative 5 would result in slightly greater impacts than the proposed project to several resources, the level of significance would not be different than the proposed project, would slightly reduce VMT impacts, and it incorporates affordable housing units while advancing the City’s housing and economic development objectives.

Additionally, Alternative 5 would meet all project objectives at an equal level or better than compared to the proposed project.

Finding. Alternative 5 is considered feasible for specific economic, social, and policy reasons as described below.

1. Economic Feasibility:

Alternative 5 would provide 227 units compared to the proposed project’s 203 units and would be financially feasible.

2. Social and Policy Considerations:

Alternative 5 would provide a more diverse housing typology by providing both singlefamily and affordable multi-family housing to contribute to the City’s RHNA requirements.

The inclusion of the affordable housing component would help the City meet the State’s AFFH goal. Alternative 5 better utilizes the allowable density of the designation for the project site compared to the proposed project and Alternative 3 and would be consistent with the Areas 3 and 4 Specific Plan’s envisioned lot sizes for residential development.

3. Technical/Design Considerations:

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Alternative 5 would result in a well planned residential community with increased connectivity and circulation efficiency compared to Alternative 3. Additionally, Alternative 5 would better utilize the allowable density of the land use designation of the project site compared to the proposed project and Alternative 3.

Alternative 5’s findings support a positive economic feasibility, a project that is more compatible with social and policy considerations, and a project that is more compatible with technical/design considerations. Additionally, based on the project objective evaluation provided in the table above, Alternative 5 would meet all project objectives at an equal or better level compared to the proposed project and all other alternatives considered.

Additionally, Alternative 5 would slightly reduce VMT impacts compared to the proposed project. As such, Alternative 5 would be the environmentally inferior but feasible alternative.

Therefore, for the purposes of the following Findings of Facts document, Alternative 5:

Partial Affordable Housing Alternative herein referred to as “Alt 5” is recommended for approval. Because significant and unavoidable impacts would remain with Alternative 5 (e.g.

VMT), the City Council adopts a Statement of Overriding Consideration pursuant to CEQA Guidelines Section 15093, finding that the social, economic, and policy benefits of the project outweigh its environmental disadvantages.

To support its certification of the EIR and approval of Alternative 5, the City Council of the City of Newark makes the following findings of fact (the “Findings”). These Findings contain the City Council’s written analysis and conclusion regarding Alternative 5’s environmental effects, mitigation measures, and the overriding considerations which, in the City Council’s view, justify the approval of Alternative 5 despite its potential environmental effects. These Findings are based upon the entire record of proceedings for the EIR, as described below. The following Findings support adoption of Alternative 5 finding that the benefits of Alternative 5 outweigh its environmental disadvantages.

V. Findings Regarding Environmental Impacts
A detailed analysis of the potential environmental impacts of the proposed project, and proposed mitigation measures to address all of the identified potentially significant impacts, is set forth in Section 3.0 of the DEIR, as incorporated into the FEIR. As described above, since the impacts of Alt 5 would result in the same level of significance identified in the EIR for the proposed project and would be subject to all mitigation measures in the EIR, the findings of the DEIR as incorporated into the FEIR are applicable for Alt 5. The only change from the proposed project analyzed in the EIR is the elimination of seven single family lots and units and the addition of a 31 unit multi-family development on the combined seven single family lots that previously were proposed single family units. The City Council concurs with the conclusions in the EIR, as incorporated into the FEIR, that changes or alterations have been required, or incorporated into, the project and feasible mitigation Resolution No. ______ 17 of 72
measures implemented, which avoid or lessen some, but not all, of the Alt 5’s potentially significant environmental effects to less than significant levels, with only the impacts to VMT remaining significant and unavoidable. By these Findings, the City Council ratifies and adopts the EIR’s conclusions for all of the following potential environmental impacts, based on the analyses in the DEIR and FEIR.

A. Findings Regarding No Impact or Less than Significant Impacts This section identified impacts of Alt 5 that were determined to be no impact or less than significant and do not require mitigation measures. The City Council concurs with the conclusions in the DEIR, as incorporated into the FEIR, and makes the following findings with respect to such less than significant impacts.

1. Aesthetics
Impact AES-1: Alt 5 would not have a substantial adverse effect on a scenic vista.

There are no officially designated scenic vistas or view corridors in the City and the General Plan does not identify any specific vistas or views for special protection in the future. From the project site, there are views of Mission Peak to the east and northeast of the project site.

Additionally, views of hills located across the bay are available from the project site. Given the amount of separation between the project site and these views (across the bay), and no official designated scenic vistas or view corridors being located in the City, the development of Alt 5 would not substantially alter views and Alt 5 would not have a substantial adverse effect on a scenic vista. Therefore, there would be no impact.

Impact AES-2: Alt 5 would not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway.

There are no officially designated state scenic highways within the City or near the project site. The closest officially designated state scenic highway is a section of Interstate 680 located approximately 5.5 miles northeast of the project site. The project site does not contain vegetation, trees, rock outcroppings, or historic buildings that are identified as a scenic resource by the General Plan. Therefore, Alt 5 would not substantially damage scenic resources within a state scenic highway and there would be no impact.

Impact AES-3: In an urbanized area, Alt 5 would not conflict with applicable zoning and other regulations governing scenic quality.

The Newark Zoning Code designates the project site as Park. However, Alt 5 includes rezoning of the project site from Park to PD-RS-6000 and Residential High Density to better align the zoning designation of the project site with the proposed use of the project. The existing Low Density Residential General Plan land use designation and the amendment to Resolution No. ______ 18 of 72
land use map to High Density Residential for parcel H, would be consistent with the project.

Due to the minimum lot size, setbacks, lot coverage and landscaping prescribed in the RS6000 zoning district, a Planned Unit Development is being proposed to allow a deviation from the standards listed in the RS-6000 development standards in the Newark Zoning Code.

Alt 5 would be designed and constructed in accordance with all applicable regulations governing scenic quality to ensure that Alt 5 is consistent with the proposed zoning district and would be reviewed during the City’s design review and project review process to ensure that the project does not conflict with applicable zoning standards and requirements. Alt 5 would comply with the City’s Zoning Code provisions related to scenic quality including Citywide regulation related to landscaping described under Chapter 17.21 of the City’s Zoning Code and the lighting and illumination regulations described under Chapter

17.17.060 of the City’s Zoning Code, As such, with the approval of rezoning and compliance with the City’s Zoning Code regulations related to scenic quality, Alt 5 would not conflict with any applicable zoning or other regulations governing scenic quality, and impacts would be less than significant.

Impact AES-4: Alt 5 would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area.

The project site is developed with existing sources of light and glare including outdoor lighting located on existing structures. However, there is no existing street lighting along Mowry Avenue and vehicle lights and glare from passing cars are limited due to the location of the project site and low volume of traffic.

Alt 5 would include new sources of nighttime lighting at the project site from exterior lighting throughout the site to illuminate the main entrances of the single-family homes, private streets, sidewalks, common space areas, and driveways for security and safety purposes. Additional lighting would be installed along the project frontage on Mowry Avenue. Alt 5 would be required to comply with General Plan Policy LU-4.7 which requires management of exterior lighting to reduce potential light and glare impacts. Alt 5 would install lighting according to the City’s lighting standards and requirements as outlined in the Newark Municipal Code Section 17.17.060 and would include shielding to ensure light spillage does not occur on adjacent properties. Alt 5 would also introduce new sources of glare at the site through the construction of new structures and increased vehicle usage of the area; however, Alt 5 would minimize the use of reflective exterior building materials to minimize new sources of glare at the site. Alt 5 would be required to comply with Newark Municipal Code Section 17.24.070 which requires that no use shall be operated such that significant, direct glare is visible beyond the boundaries of the lot where the use is located.

Compliance with the City’s requirements would ensure that light and glare impacts associated with Alt 5 would be less than significant.

2. Agricultural and Forestry Resources
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Impact AG-1: Alt 5 would not result in the conversion of 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.

The project site is not identified as Prime, Unique, or Farmland of Statewide Importance and approval of Alt 5 would not convert farmland to non-agricultural uses. Therefore, Alt 5 would not result in the conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural uses and no impact would occur.

Impact AG-2: Alt 5 would not conflict with existing zoning for agricultural use, or a Williamson Act contract.

The project site is currently zoned Park and is not under a Williamson Act contract. Alt 5 includes rezoning the project site from Park to PD-RS-6000 and Residential High Density (RH). Neither the Park, RS-6000, nor RH zoning districts allow for agricultural uses.

Therefore, the project site is not zoned for agricultural uses and Alt 5 would not conflict with existing zoning for agricultural use or a Williamson Act contract. There would be no impacts.

Impact AG-3: Alt 5 would not conflict with existing zoning for, or cause rezoning of, forest land (as defined by 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)).

The project site does not contain forestland (as defined in PRC Section 12220[g]), or timberland (as defined by PRC Section 4526). Furthermore, the project site is not zoned Timberland Production (as defined by Government Code section 51104[g]). The project site would not require rezoning of forestland or timberland production. Therefore, Alt 5 would not conflict with existing zoning or cause rezoning of forestland or timberland and there would be no impacts.

Impact AG-4: Alt 5 would not result in loss of forest land or conversion of forest land to non-forest use.

The project site is designated Low Density Residential by the General Plan and there are no forestland resources that exist on the project site. Therefore, Alt 5 would not result in the loss of forestland or conversion of forestland to non-forest use and no impact would occur.

Impact AG-5: Alt 5 would not involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to nonagricultural use, or conversion of forest land to non-forest use.

The project site is classified as Urban and Built-Up Land by the California Department of Conservation (DOC) and surrounding areas are classified as Other Land or Grazing Land.

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The project site is designated by the City’s General Plan as Low Density Residential and lands surrounding the project site are designated as Low Density Residential; Park and Recreation Facilities; and Salt Harvesting, Refining and Production. Lands located to the west of the project site are used for salt production ponds. The project site is generally surrounded to the northeast and east by land that was formerly used for agriculture, however, the parcels are currently being used by the City as open space. The area surrounding the project site is not under agricultural use and therefore, Alt 5 would not cause changes to the existing environment that could result in conversion of farmland outside the project site boundary to non-agricultural use and there would be no impact.

3. Air Quality
Impact AIR-4: Alt 5 would not result in other emissions (such as those leading to odors) affecting a substantial number of people.

Project operations would not be anticipated to produce odorous emissions. Alt 5 consists of a residential development and would not result in any uses that generate odor sources of concern. Construction activities associated with Alt 5 could result in short-term odorous emissions from diesel exhaust associated with construction equipment. However, these emissions would be intermittent and would dissipate rapidly from the source. In addition, this diesel-powered equipment would only be present on-site temporarily during construction activities. Therefore, construction would not create objectionable odors affecting a substantial number of people, and the impact would be less than significant.

4. Biological Resources
Impact BIO-2: Alt 5 would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service.

The project site does not contain any riparian habitat or other sensitive natural communities.

Results of the aquatic resources delineation and analysis showed that the study area (the study area refers to the 29-acre project site and off-site improvement areas that total 35 acres) contains two artificial stormwater basins, but these features do not contain any riparian habitat. Therefore, Alt 5 would have no impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the CDFW or USFWS.

Impact BIO-3: Alt 5 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.

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As stated in the DEIR, the aquatic resources jurisdictional delineation surveys conducted in November 2021, March 2022, and September 2022 identified four potentially jurisdictional aquatic features; however, did not identify the presence of waters/wetlands subject to U.S.

Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB) or California Department of Fish and Wildlife (CDFW) jurisdiction within the study area. The project site includes two constructed stormwater basins with wetland features identified as Storm Water Detention Basin 1 and Storm Water Detention Basin 2, in the southeastern portion of the project site; however, since the on-site basins were artificially constructed, they are not regulated by USACE, RWQCB, and CDFW. Additionally, the Aquatic Resources Delineation Report identifies two off-site potentially jurisdictional resources identified as Constructed Storm Drain and Alameda County Flood Control and Water Conservation District (ACFC&WCD) Line D, located approximately 1,500 feet east of the project site.

The USACE provided a jurisdiction determination of the extent of navigable waters of the United States and waters of the United States in a letter dated January 25, 2023. The jurisdictional determination provided by the USACE identified that the Constructed Storm Drain, Storm Water Detention Basin 1, and Storm Water Detention Basin 2 are not jurisdictional resources. However, the jurisdictional determination identified the ACFC&WCD Line D channel as a jurisdictional aquatic resource, specifically Other Waters with In-stream Wetlands. On-site construction activities of Alt 5 would have no impact on this jurisdictional resource as it is located off-site. However, extension of the potable and non-potable water mains would occur within the vicinity of ACFC&WCD Line D. Impacts to ACFC&WCD Line D from off-site construction would be avoided through the use specific construction methods to construct the extension. As the extension of the potable and nonpotable water mains would be constructed via an open trench and attached to the constructed bridge that spans the ACFC&WCD Line D channel, impacts to ACFC&WCD Line D would be avoided. On-site and off-site construction activities would avoid all nearby jurisdictional aquatic features and would not result in substantial adverse effects on state or federally protected wetlands. Therefore, the potential impacts to wetlands are considered less than significant.

Impact BIO-4: Alt 5 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.

As identified in the DEIR, the study area does not act as a corridor for species dispersal or provide migration habitat connectivity to adjacent habitat and is not part of any defined essential connectivity areas as identified in the California Essential Habitat Connectivity Project; therefore, Alt 5 would not interfere with the movement of wildlife species or with a migratory wildlife corridor, and would not impede the use of native wildlife nursery sites and there would be no impact.

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Impact BIO-6: Alt 5 would not conflict with the provisions of an adopted habitat conservation plan, natural community conservation plan, or other approved local, regional, or State habitat conservation plan.

As identified in the DEIR, the City is not within the jurisdiction of any adopted Habitat Conservation Plan (HCP). Alt 5 would not conflict with any adopted HCPs or other approved local, regional, or state habitat conservation plan. Therefore, there would be no impact.

5. Cultural Resources
Impact CUL-1: Alt 5 would not cause a substantial adverse change in the significance of a historical resource as identified in Section 15064.5.

No historic resources (eligible or likely eligible under state, federal, or local historic preservation criteria) were identified within or adjacent to the project site that would be impacted by development of Alt 5. According to CEQA, all buildings constructed over 50 years ago and possess architectural or historical significance may be considered potential historic resources. Historical aerial imagery available online does not show any structures present on the project site in the 1968 aerial imagery; however, the next available aerial imagery from 1979 shows the project site developed with structures that currently exist onsite. Therefore, some existing structures on the project site may be over 50 years old.

However, existing structures on-site are typical metal structures found at industrial sites and do not possess any architectural or historical signification. The existing structures on-site would not eligible for listing as a historic resource under CEQA. Thus, Alt 5 is not anticipated to have an impact on any known or potential historical resources and there would be no impacts to historical resources.

6. Energy
Impact EN-1: Alt 5 would not result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation.

Construction of Alt 5 would require the use of fuels (primarily gasoline and diesel) for the operation of construction equipment and vehicles to perform a variety of activities, including excavation, hauling, paving, and vehicle travel. Energy in the form of electricity may also be consumed by some pieces of construction equipment, such as welding machines, power tools, lighting, etc. However, there are no unusual project characteristics that would necessitate the use of construction equipment or vehicles that would be less energy efficient than at comparable construction sites in other parts of the state. Therefore, it is expected that construction fuel consumption associated with construction of Alt 5 would not be any more inefficient, wasteful, or unnecessary than at other construction sites in the region.

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Alt 5 is a new residential subdivision with home sizes and lots comparable to others in the area and the individual units would be built in accordance with the latest energy code to maximize efficiency. Therefore, it would be expected that building energy consumption associated with Alt 5 would not be any more inefficient, wasteful, or unnecessary than for any other similar buildings in the region. Current state regulatory requirements for new building construction contained in the 2022 California Green Building Standards Code (CALGreen) and Title 24 standards would increase energy efficiency and reduce energy demand in comparison to existing commercial structures on the site, and therefore would reduce actual environmental effects associated with energy use from Alt 5. Additionally, Alt 5 would constitute new development within an established community and would not be opening a new geographical area for development such that it would draw mostly new trips or substantially lengthen existing trips. For these reasons, it would be expected that operational energy usage and vehicular fuel consumption associated with Alt 5 would not be any more inefficient, wasteful, or unnecessary than for any other similar land use activities in the region, and impacts would be less than significant.

Impact EN-2: Alt 5 would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency.

Alt 5 would not conflict with the energy objectives of the City’s General Plan nor the strategies in its Climate Action Plan (CAP). As the site is located within the City, it would not be opening a new geographical area for development such that it would draw mostly new trips, or substantially lengthen existing trips. Alt 5 would comply with the versions of California Code of Regulations (CCR) Titles 20 and 24, including CALGreen, that are applicable at the time that building permits are issued and with all applicable City measures.

Therefore, Alt 5 would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency, and impacts would be less than significant.

7. Geology and Soils
Impact GEO-1: Alt 5 would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) rupture of a known earthquake fault; or iv) landslides.

There are no Alquist-Priolo Earthquake Fault Zones located within or near the project site and due to the lack of Alquist-Priolo fault zones near the project site, the design level geotechnical report prepared for the proposed project by Berlogar Stevens and Associated in 2021 determined that the risk of surface rupture near the project site is low and the potential for damage to structures at the project site due to rupture of a known earthquake fault is low.

As Alt 5 is located within the same project site footprint as the proposed project, the reports prepared for the proposed project would continue to be applicable for Alt 5. Thus, the Alt 5 would not exacerbate existing conditions by bringing people or structures into areas Resolution No. ______ 24 of 72
potentially susceptible to substantial effects, including fault rupture, that could result in substantial damage to proposed structures or infrastructure, or expose people to substantial risk of injury and impacts associated with surface rupture from a known earthquake fault would be less than significant.

The project site is relatively flat and the project site is not located within or near an area at risk of earthquake induced landslides. Therefore, the potential for landslides to occur at or near the project site is low and no impact would occur.

Impact GEO-5: Alt 5 would not be located on 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.

Alt 5 would connect directly to the City’s municipal sewer system and would not require the construction of septic tanks or any other alternative wastewater disposal system. Therefore, no impact would occur.

8. Greenhouse Gas Emissions
Impact GHG-1: Alt 5 would not generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment.

Sources for operational emissions include motor vehicles, indirect electricity, water transport, and waste. Because Alt 5 would replace the existing automotive recycling and parts business on the project site, Alt 5’s operational emissions would be offset by emissions from existing operations, which would be replaced. During operation, Alt 5 would result in greenhouse gas (GHG) emissions. The proposed project was determined to result in a generation of 3.03 MTCO2e per service person per year which would not exceed the Bay Area Air Quality Management District (BAAQMD) adjusted significance thresholds of 3.06. As Alt 5 would result in less GHG emissions compared to the proposed project as it includes affordable housing, Alt 5’s emissions would continue to be below the significance threshold and therefore, impacts would be less than significant.

Impact GHG-2: Alt 5 would not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases.

As outlined in the DEIR, the proposed project was determined to not conflict with the City’s CAP, the Senate Bill (SB 32) Scoping Plan, or the 2022 Scoping Plan adopted by the State to reduce GHG emissions. In comparison to the proposed project, Alt 5 would have a slightly reduced level of impact and therefore, would also not conflict with the City’s CAP, SB 32 Scoping Plan, or the 2022 Scoping Plan. Additionally, similar to the proposed project. Alt 5 would be subject to Title 24 energy efficiency standards. Energy-efficient buildings require less electricity; therefore, increased energy efficiency reduces fossil fuel consumption and decreases GHG emissions. Alt 5 would comply with the CALGreen, which includes Resolution No. ______ 25 of 72
requirements to increase recycling, reduce waste, reduce water use, increase bicycle use, and other measures that would reduce GHG emissions. Motor vehicle emissions associated with Alt 5 would be reduced through compliance with State regulations on fuel efficiency and fuel carbon content. Therefore, Alt 5 would not conflict with any applicable plan, policy, or regulation adopted for the purpose of reducing greenhouse gas emissions and impacts would be less than significant.

9. Hazards and Hazardous Materials
Impact HAZ-3: Alt 5 would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school.

The project site is not located within 0.25 mile of an existing or proposed school. The nearest school is the Newark Memorial High School, approximately 0.87 mile northeast of the project site. Alt 5 does not involve the development of a use that would emit hazardous materials, substances, or waste during operation. The use of heavy equipment and activities involving hazardous materials would be limited to the construction phase and confined to construction areas and within existing roadways. The use of hazardous materials would also be regulated by health and safety requirements under federal, state, and local laws, including handling, storage, and disposal of the materials, as well as emergency spill response. As such, Alt 5 would have a less than significant impact related to the emission or handling of hazardous materials near a school.

Impact HAZ-5: Alt 5 would not, 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, result in a safety hazard for people residing or working in the project area.

The project site is not located within two miles of an airport and is not located within an airport land use plan. Therefore, Alt 5 would not result in a safety hazard for people residing or working in the project site. No impact would occur.

Impact HAZ-6: Alt 5 would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan.

Alt 5, similar to the proposed project, includes modifications and improvements to the existing roadways and may result in partial or complete road closures during construction activities. However, if road closures are necessary, Alt 5 would prepare and implement a Traffic Control Plan (TCP) to ensure that construction activities do not impair or interfere with an adopted emergency response plan or emergency evacuation plan. Alt 5 would comply with General Plan Policy EH-5.3 which requires avoiding placing new developments in areas where emergency response and evacuation cannot be provided within acceptable levels. Alt 5 would not result in permanent modification to roadways that would interfere with any Resolution No. ______ 26 of 72
adopted emergency plans. Modification to roadways that is proposed as part of Alt 5 would be constructed in accordance with the City’s standards to provide adequate emergency access.

Additionally, Alt 5 would provide a secondary emergency vehicle access (EVA) point to the project site through the adjacent Cargill property. The existing Cargill levee road has been previously developed to allow for emergency vehicle access and therefore, Alt 5 would not require any improvements to the existing EVA lane. However, Alt 5 would require minor modifications to add compacted gravel to an existing gravel crossing connecting the Cargill levee road to Mowry Avenue, which is located approximately 0.1 mile south of the southwestern corner of the project site. The addition of the compacted gravel apron to the existing crossing over the flood control channel would provide an alternative emergency route to the project site. Therefore, project construction and operation activities would not interfere with an emergency evacuation or response plan, and impacts would be less than significant.

Impact HAZ-7: Alt 5 would not expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires.

The project site is not located in or near a state responsibility area or a very high fire hazard zone of a locally responsible area. Primary access to the project site would be through Mowry Avenue and adequate site ingress and egress to the project site for emergency vehicles would be provided. All utilities required for the new development would be located underground and Alt 5 includes installation of fire hydrants throughout the project site to mitigate fire hazards. Alt 5 would be required to implement General Plan policies, such as General Plan Policy EH-5.3 which requires new developments be placed in areas where adequate emergency response can be provided, as well as the California Fire Code (CFC) and the Uniform Building Code which would reduce effects of development on wildland fire hazard impacts to a less than significant level. As such, Alt 5 is not expected to be exposed to risks associated with wildland fires, and impacts would be less than significant.

10. Hydrology and Water Quality
Impact HYD-3: Alt 5 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 or through the addition of impervious surfaces, in a manner which would result in: ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site; or iv) impede or redirect flood flows.

Similar to the proposed project, Alt 5 would result in construction of new impervious surfaces at the project site which increase the amount of stormwater runoff from the site. Alt 5 would be required to comply with General Plan Policy CSF-5.5 which requires new development to provide drainage improvements to reduce site runoff. To control runoff, Alt 5 Resolution No. ______ 27 of 72
would construct a storm drain system consisting of bioretention areas, curbs and gutters along the roadways, and underground storm drain pipes. Stormwater runoff would be directed to the storm drain pipes on-site which would convey stormwater to the two on-site bioretention areas. The bioretention treatment areas would then discharge flows through the on-site storm drain system into the adjacent City owned open space parcel, consistent with the historic drainage path. Alt 5 would also construct improvements to the off-site storm drain system which would include improvements to storm drain pipes within Mowry Avenue which would collect and convey flow towards the ACFC&WCD Channel Line B at the terminus of Mowry Avenue and construction of eight bioretention treatment areas along Mowry Avenue. Alt 5 would design and construct storm drain systems in accordance with applicable requirements to control the volume of surface runoff at the project site. Therefore, storm drain systems would be designed to handle the increased surface runoff from the site and Alt 5 would not result substantial increase in the rate or amount of surface runoff in a manner that would result in on- or off-site flooding and impacts would be less than significant.

The project site is designated as Zone X and Zone X (Shaded). The northern part of the project site is within an area of minimal flood hazard (Zone X); however, the majority of the project site is located in an area with a 0.2 percent annual chance of shallow flooding of less than one foot (Zone X Shaded). Project construction would import clean fill to elevate the proposed pad grades for the homes above the Federal Emergency Management Agency (FEMA) 100-year flood plain elevation as required by Newark Municipal Code Section

15.40.051 and to accommodate Bay Conservation and Development Commission’s (BCDC) adopted sea level rise guidance. The import of clean fill to elevate the proposed pad grades would ensure compliance with General Plan Policy EH-3.3 which requires new residential developments to be constructed above the 100-year flood elevation.

Alt 5 would elevate the proposed pad grades for the homes above the FEMA 100-year flood plain elevation of 9.3 feet and would exceed the City’s requirement of having a minimum pad elevation of 11.25 feet. Additionally, the project site would be elevated to accommodate BCDC’s adopted sea level rise guidance and would meet the minimum pad elevation requirements of the RPC-SAT’s projected likely range for sea level rise by the year 2100. Alt 5 could have the potential to exacerbate coastal squeeze which is defined as the loss of natural habitats or deterioration of their quality arising from placement of structures along the shoreline, preventing the landward transgression of those habitats that would naturally occur in response to sea level rise. However, given the baseline condition of the project site as already developed with existing structures, development of Alt 5 would not exacerbate potential coastal squeeze impacts beyond what is already present. Therefore, this would not be a driving impact for Alt 5. The new constructed storm drainage system on-site would be designed and constructed to handle potential flood volumes. Alt 5 would not substantially Resolution No. ______ 28 of 72
alter existing drainage pattern of the site in a matter which would impede or redirect flood flows and impacts would be less than significant.

Impact HYD-4: Alt 5 would not, in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation.

The City is located within the inundation area of three dams; however, the California Division of Safety of Dams inspects each dam on an annual basis to ensure the dam is safe, performing as intended, and is not developing problems. Additionally, the project site is not located in a tsunami or seiche zone. The risk of dam failure is extremely low and the potential for project inundation resulting from being located in a tsunami or seiche zone is low. Therefore, impacts would be less than significant.

The northern part of the project site is within an area of minimal flood hazard (Zone X); however, the majority of the project site is located in an area with a 0.2 percent annual chance of shallow flooding of less than one foot (Zone X Shaded). In accordance with General Plan Policy EH-3.3, Alt 5 would be constructed above the 100-year flood elevation.

Alt 5’s pad elevations would be above the FEMA 100 year flood plain elevation of 9.3 feet which would provide the project site with flood damage protection. The proposed pad grades would exceed the City’s standards for residential structures located in a flood hazard zone and would be above the BCDC minimum pad elevation recommendation for sea level rise.

Additionally, Alt 5’s pad elevation would meet the minimum pad elevation requirements of the RPC-SAT’s projected likely range for sea level rise by the year 2100. Developing Alt 5 to exceed the BCDC sea level rise guidance for minimum pad elevation would also ensure that Alt 5 would not be inundated by potential sea level rise anticipated to affect the area in the future. Therefore, project inundation resulting from flood hazards would be a less than significant impact

11. Land Use and Planning
Impact LU-1: Alt 5 would not physically divide an established community.

The project site is currently developed with an auto parts and scrap metal salvage yard and is bounded to the northeast and east by the City’s open space parcel, and Mowry Avenue and ACFC&WCD Line B canal lies to the west. The property to the south and southwest, known as the Harwinder Singh site, was previously developed with a warehouse-type structure and was previously used as an auto-wrecking yard; however, the building has since been demolished and there are no buildings presently on the Harwinder Singh site. UPRR tracks are approximately 300 to 1,000 feet to the northwest of the project site. The project site and surrounding areas are not developed as an established community and Alt 5 would not include the construction of new roadways that could divide an established community.

Therefore, Alt 5 would not physically divide an established community and there would be no impact.

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Impact LU-2: Alt 5 would not 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.

As outlined in the DEIR, the City’s General Plan designates the project site as Low Density Residential which has an allowable density of less than 8.7 dwelling units per acre. Alt 5 would be consistent with this requirement and construct 227 residential units, resulting in a density of approximately 7.8 units per acre. The project site is located within the Areas 3 and 4 Specific Plan and the project site is designated for a golf course or other recreational uses.

Alt 5 is not consistent with the land use identified by the Areas 3 and 4 Specific Plan. As such, similar to the proposed project, Alt 5 requires a Specific Plan Amendment to change the existing designated golf course or recreational use to a residential use. While the Specific Plan designation would change following the approval of Alt 5, the change would result in a better alignment of the project site with the General Plan designation and the project site would be developed for residential uses, as planned by the General Plan. Additionally, Alt 5 would not create inconsistencies with the applicable policies of the General Plan or with the applicable policies of the Areas 3 and 4 Specific Plan.

The Newark Zoning Code designates the project site as Park and the Alt 5 is proposing to rezone the project site from Park to PD-RS-6000 and Residential High Density. The rezoning request is to better align the zoning with the proposed use of the project and the existing and proposed General Plan designations. A Planned Unit Development is being proposed to allow a deviation from the standards listed in the RS-6000 development standards in the Newark Municipal Code. Proposed deviations include a deviation from the minimum setbacks and minimum lot sizes. Alt 5 would not meet the minimum lot size of 6,000 square feet for the RS-6000 zoning district and would not meet the minimum setbacks required at corners.

However, while the zoning designation would change following the approval of Alt 5, the change would result in a better alignment of the project site with the existing and proposed General Plan designation and the project site would be developed for residential uses, as planned by the General Plan. With the approvals required, Alt 5 would be constructed in accordance with any land use plan, policy, and regulation adopted for the purpose of avoiding and mitigating environmental effects and this impact would be less than significant.

12. Minerals
Impact MIN-a: Alt 5 would not 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.

The DOC’s Mineral Lands Classification Map of Aggregate Resources classifies the project site as being within an MRZ-3 zone. MRZ-3 zones are areas containing mineral deposits the significance of which cannot be evaluated from available data. However, the City’s General Plan did not identify any mineral resources of value on or near the site and no mineral Resolution No. ______ 30 of 72
extraction activities exist within City limits. Mineral extraction is not included as part of Alt 5 and the proposed zoning would not allow mineral extraction. Alt 5 would not 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, and no impact would occur.

Impact MIN-b: Alt 5 would not 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.

There are no locally important mineral resource recovery sites delineated in the City’s General Plan, specific plan or any other land use plan. Therefore, Alt 5 would not result in the loss of availability of a locally important mineral resource recovery site, and no impact would occur.

13. Noise
Impact NOI-2: Alt 5 would not result in generation of excessive groundborne vibration or groundborne noise levels.

During construction of Alt 5, equipment such as trucks, bulldozers, and rollers may be used as close as 1,000 feet from the nearest sensitive receptor at the Silliman Community Center.

Equipment used during project construction could generate vibration levels between 0.00001 peak particle velocity (PPV) and 0.0008 PPV at 1,000 feet. However, all the groundborne vibration levels are below the Federal Transit Administration (FTA) vibration threshold at which human annoyance could occur of 0.10 PPV. Additionally, construction activities would be temporary in nature and would likely occur during normal daytime working hours. In addition, Union Sanitary District (USD) would be engaged during the construction process to limit the amount of vibratory equipment utilized over the existing force main lines in the area and coordination would be conducted to ensure protection of the existing lines. Therefore, construction vibrations are not predicted to cause damage to existing buildings or infrastructure or cause annoyance to sensitive receptors. As such, implementation of Alt 5 would have a less than significant impact related to vibration.

Impact NOI-3: 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, Alt 5 would not expose people residing or working in the project area to excessive noise levels.

The closest airport or private airstrip to the project site is the Moffett Federal Airport, approximately 6.5 miles southwest of the project site. The project site is not within the airport influence area, or the 65 dBA CNEL noise contour for Moffett Federal Airport.

Commercial aircraft overfly the project site at altitudes between 4,000 and 10,000 feet above sea level while approaching or departing the three major commercial airports in the Bay Resolution No. ______ 31 of 72
Area: the San Francisco International Airport (approximately 20 miles northwest); the Oakland International Airport (approximately 17 miles northwest); and the Norman Mineta San Jose International Airport (approximately 10 miles southeast). According to the noise exposure maps for the three airports, the project site in not within the 65 dBA CNEL contour for any of the airports. Therefore, Alt 5 would not expose people residing or working in the project area to excessive noise levels from airports, and impacts would be less than significant.

14. Population and Housing
Impact POP-1: Alt 5 would not 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).

Alt 5 would develop 227 residential units, thereby directly inducing population growth at the project site and Alt 5 is anticipated to result in approximately 754 new residents. As of the 2020 census, the City’s population is identified at 47,529 people and the City’s General Plan estimated that the City’s population would grow to 52,100 by 2030. The addition of 754 residents from Alt 5 would represent approximately 16.5 percent of the City’s growth anticipated by 2030 from the 2020 census population. As such, Alt 5 would be within the 2030 population projections anticipated in the City’s General Plan. As the estimated number of residents generated from Alt 5 would be within the population projected in the General Plan, it would not result in direct unplanned population growth as the increase in population from Alt 5 was anticipated by the General Plan. Alt 5 would not result in an increase in population over what was anticipated in the General Plan.

The Areas 3 and 4 Specific Plan planned for a maximum residential unit allocation of 1,260 units within the Specific Plan area. The proposed project does not need to increase the allocated number of residential units of the Specific Plan area because the addition of the project units to the Specific Plan area to the already built and entitled number of units does not exceed 1,260. Area 3 of the Specific Plan has already received entitlements and been built and includes 386 units pursuant to a Development Agreement between the City and Newark Partners, LLC dated April 9, 2015 (the “Development Agreement”). Currently, there are 469 new housing units that have been entitled within Newark Area 4 of the Specific Plan pursuant to the Development Agreement. Therefore, there are 405 units of the 1,260 holding capacity that have not been entitled. Even with the 227 units under the Partial Affordable Housing Alternative, the 1,260 capacity would not be exceeded. Therefore, it would not result in substantial unplanned growth under the Specific plan. In addition, the growth under Alt 5 would still be within the General Plan growth projection for total housing units and resident population for the City and Alt 5 would contribute to the City’s RHNA. Therefore, Alt 5 would not directly induce substantial unplanned population growth and impacts would be less than significant.

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New extensions to area roads or other infrastructure and new employment opportunities are key factors in accounting for possible indirect population growth. Alt 5 would not indirectly induce substantial unplanned population growth in the project site because it would not involve any new extensions to area roads or other infrastructure that could enable additional development in currently vacant areas not planned for growth and development in the General Plan. Alt 5 includes off-site roadway and infrastructure improvements; however, the off-site roadway and utility infrastructure improvements would not result in a removal of barrier of growth and would not result in indirect population growth. Additionally, Alt 5 does not include any elements outside of the residential and off-site improvement components and would not include new employment opportunities. Therefore, Alt 5 would not indirectly induce substantial unplanned population growth and impacts would be less than significant.

Impact POP-2: Alt 5 would not displace substantial number of existing people or housing necessitating the construction of replacement housing elsewhere.

The majority of the project site is currently developed as an auto part and scrap metal salvage lot that includes a warehouse, sales office, workshop, and a large parking area. The northern parcel of the project site is currently undeveloped. The project site does not currently contain residential development and therefore, the construction of Alt 5 would not result in the displacement of existing people or housing and would not necessitate the construction of replacement housing elsewhere. Alt 5 would have no impact.

15. Public Services
Impact PUB-1: Alt 5 would not 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 following public services:
fire protection; police protection; schools; parks; or other public facilities.

The project site is located in an area already served by Alameda County Fire Department (ACFD) and Newark Police Department (NPD). However, development of Alt 5 would incrementally increase the demand for fire and police protection services in the area. The project site is located approximately 0.6 miles away from the nearest fire station and based on the short distance, emergency response to the project site would be able to meet the response time goal of five minutes.

The City’s General Plan EIR identified that the NPD currently operates at a staffing level of less than 1.0 officers per 1,000 residents, which is below the national average of 1.5 officers per thousand residents (City of Newark 2013b). The City’s General Plan EIR determined that buildout of the General Plan would result in a significant impact to police protection facilities as it would require a new building or expansion of the existing building. However, this Resolution No. ______ 33 of 72
impact was determined to be mitigated to a less than significant level with implementation of General Plan policies and collection of fees from new developments under the General Plan.

Alt 5 would be required to pay a Development Impact Fee as required by Chapter 3.24 of the Newark Municipal Code. The funds collected from the Development Impact Fee would be used to provide public services and facilities, including fire and police protection services, within the City and would offset cost of fire and police protection demands associated with Alt 5.

Additionally, Alt 5 would be designed and constructed in accordance with the City’s fire protection requirements and the California Building Standards Code which includes the CFC.

Incorporation of fire protection measures into the design of the development would minimize need for fire protection services. Therefore, though Alt 5 would increase the need for fire and police protection services in the area, it would not require the construction of new facilities or expansion of existing facilities as Alt 5 would include measures to reduce and offset the increased demand and would pay required fees to offset the increased demand. Impacts related to police and fire protection would be less than significant.

Alt 5 would include development of the project site with 227 residential units which is anticipated to result in generation of new school aged students and would increase demand for school facilities and services. Newark Unified School District (NUSD) collects school impact fees on new residential construction within district boundaries on a per square foot basis. The fees serve to offset school facility costs associated with serving new students that result from new developments. Under SB 50, school districts may collect fees to offset the costs associated with increasing school capacity as a result of development and under the terms of this statute, payment of fees by property owners and developers is considered to mitigate in full for the purposes of CEQA any impacts to school facilities associated with a project. Therefore, with the payment of required fees, impacts associated with school facilities are considered mitigated and Alt 5 would not result in the need for construction of unanticipated new or expanded school facilities and impacts would be less than significant.

Alt 5 would result in an increase of residents in the area of the project site and would result in increased uses of nearby parks. The City requires, as identified under General Plan Policy PR-2.2, that new development either dedicate land, pay a fee in lieu thereof, or both, at the option of the City, for park and/or recreational purposes. Alt 5 would provide common and private on-site open space; however, a majority of the on-site open space would be provided through private open space, provided as a rear yard for each home. Though Alt 5 would provide on-site common open space areas, the construction of the common open space would not meet the requirements for park dedication and therefore, Alt 5 would be required to pay the full parks impact fee to offset increased demand to park facilities from development of the project. Payment of required fees would ensure funding for the construction or expansion of park facilities and funds are set aside to allow for construction of facilities as needed to Resolution No. ______ 34 of 72
accommodate future growth. Inclusion of open space within the project design and payment of fees would mitigate the impacts on existing park facilities resulting from development of Alt 5 and therefore, the impact would be less than significant.

The addition of 227 new residential units would create an incremental increase in the demand for library facilities and other public facilities. In accordance with Newark Municipal Code Chapter 3.24, Alt 5 would be required to pay Development Impact Fees to offset costs to public facilities. With the payment of required fees, Alt 5 would not result in the need for construction of any unanticipated new or expanded public facilities and impacts would be less than significant.

16. Parks and Recreation
Impact REC-1: Alt 5 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.

Alt 5 would permanently increase the City’s residential population and would increase the use of existing parks and recreation facilities. As identified under General Plan Policy PR2.3, the City of Newark has adopted a 3.0 acre of parkland per 1,000 residents standard for planning purposes and its Quimby Act fee is based on this ratio. As required by General Plan Policy PR-2.2, the City requires that new development either dedicate land, pay a fee in lieu thereof, or both, at the option of the City, for park or recreational purposes. Alt 5 would provide on-site open space areas which would be designed to serve residents within the subdivision, helping to avoid over-usage (accelerated deterioration) of other existing parks in the City. Though Alt 5 would provide on-site open space, it would not meet the City’s requirements for park dedication and therefore, Alt 5 would be required to pay the full parks impact fee to offset the increased demand to existing park and recreational facilities resulting from development of Alt 5. Payment of required fees would ensure funding for the construction or expansion of policies facilities and funds are set aside to allow for construction of facilities as needed to accommodate future growth. Inclusion of open space within the project design and payment of fees would mitigate potential impacts on existing parks and recreational facilities caused by Alt 5. Alt 5 would comply with all City standards and requirements related to recreation, and impacts would be less than significant.

Impact REC-2: Alt 5 would not include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment.

Alt 5 would include some common open space consisting of landscaped areas, a bioretention area, and on-site recreational area. The on-site recreation area would include amenities such as a lawn, picnic tables and a pedestrian path, none of which are expected to cause any adverse physical effects on the environment due to the small size of the park and the limited Resolution No. ______ 35 of 72
nature of the proposed improvements. Alt 5 would not involve the construction or expansion of any off-site recreational facilities; however, as required by the City’s General Plan Policy PR-2.2, Alt 5 would be required to pay a parks impact fee to contribute funding for park and recreational facilities citywide. Funds collected through the parks impact fee would be used to help fund and pay for the construction or expansion of off-site improvements, the construction of which would be required to demonstrate it would not result in adverse environmental impacts. Therefore, since no adverse environmental impacts associated with construction of on-site or off-site recreational facilities would occur, the impact is less than significant.

17. Transportation and Circulation
Impact TRANS-1: Alt 5 would not conflict with program plan, ordinance or policy addressing the circulation system, including transit roadway, bicycle and pedestrian facilities.

As outlined in the DEIR, the proposed project does not conflict with the General Plan Circulation Element, or any other program, plan, ordinance or policy addressing the circulation system. In comparison to the proposed project, Alt 5 would have a similar level of impact. Alt 5 does not propose to amend or adjust roadway classifications, the roadway network, transit routes, or bicycle network as identified in the City’s General Plan or Pedestrian and Bicycle Master Plan (PBMP).

Alt 5 includes on-site roadway construction such as driveways, drive aisles, and sidewalks throughout the site. Additionally, Alt 5 includes the same improvements to Mowry Avenue as the proposed project including, but not limited to, widening of Mowry Avenue, construction of sidewalks, restriping, pedestrian crossing improvements, construction of amid-block crossing, and additional improvements including construction of high visibility crosswalk markings, RRFBs, advance pedestrian crossing yield markings, advance pedestrian crossing signage, median refuge, curb extensions, and ADA complaint curb ramps. The on-site and off-site roadway improvements would be designed and constructed in accordance with City standards and requirements and are not anticipated to conflict with a program, plan, ordinance or policy addressing the circulation system, automobile access, and on-site circulation.

The proposed project would be consistent with the PBMP and the General Plan and the proposed project would not conflict with a program, plan, ordinance or policy addressing bicycle parking, access, and on-site circulation. As Alt 5 does not propose any changes to the proposed project components related on-site circulation or vehicle, pedestrian, and bicycle access, Alt 5 would have a similar level of impact.

The pedestrian and on-site circulation improvements provided as part of Alt 5 is the same as the proposed project and would be consistent with Federal Highway Administration (FHWA) Resolution No. ______ 36 of 72
Guidelines and the City’s Crosswalk Policy and therefore, Alt 5 would not conflict with a program, plan, ordinance or policy addressing pedestrian access, and on-site circulation.

Existing bus stops are located within the area and pedestrians would travel between the project site and the bus stops by using the sidewalk on the east side of Mowry Avenue, including the segment of new sidewalk to be constructed by Alt 5 between the project site to join the existing sidewalk just east of the railroad crossing and therefore, Alt 5 would not conflict with a program, plan, ordinance or policy addressing transit access.

Alt 5 would provide the same crossing improvements at the UPRR crossing as the proposed project, which would be equipped with crossing arms, upgraded roadway panels, signage, striping, and pedestrian path and bicycle crossing improvements to encourage safer access to the project site, surrounding development, and recreation facilities. The UPRR crossing would also include any required gate signals, visual, and/or audio equipment, as required by UPRR or the Newark Municipal Code. Alt 5 would not conflict with a program, plan, ordinance or policy addressing at-grade railroad crossing.

To provide a secondary EVA point to the project site, the project applicants have worked with the owners of the adjacent Cargill property to secure rights to utilize their access road as an EVA lane for the project. Alt 5 would utilize the existing Cargill levee road located to the west of the project site as the project’s EVA lane. The existing Cargill levee road has been previously developed to allow for emergency vehicle access and therefore, Alt 5 would not require any improvements to the existing EVA lane. However, Alt 5 would require minor modifications to add compacted gravel to an existing gravel crossing connecting the Cargill levee road to Mowry Avenue, which is located approximately 0.1 mile south of the southwestern corner of the project site. The addition of the compacted gravel apron to the existing crossing over the flood control channel would provide an alternative emergency route to the project site. The proposed driveway apron to connect the existing Cargill levee road to Mowry Avenue would be designed and constructed in accordance with City requirements and standards. The City’s police and fire departments have reviewed the proposed EVA lane and have confirmed through a site visit that the existing Cargill levee road would provide adequate EVA access to the project site. Therefore, Alt 5 would not conflict with a program, plan, ordinance, or policy addressing emergency vehicle access.

Alt 5 would not conflict with an applicable plan, ordinance, or policy establishing measures of effectiveness for the performance of the circulation system and impact would be less than significant.

Impact TRANS-3: Alt 5 would not substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment).

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Alt 5 would not increase hazards due to a geometric design feature or incompatible uses.

Development of the project site and site access improvements require compliance with City development guidelines and code, which follow the General Plan policies and actions that encourage the safe design of arterial roads and streets. All internal project streets would provide adequate sight distance between vehicles traveling in conflicting directions and between vehicles and pedestrians. In addition, the bulb-outs at mid-block and intersection locations proposed through the site would reduce the effective width of the streets and result in lower travel speeds for automobiles.

During construction, traffic management plans will be implemented to ensure the safety of roadway users accessing Mowry Avenue. The use of roadways by heavy construction equipment can increase the risk to drivers and cyclists in the vicinity of the project site; however, construction equipment and materials would be stored on-site. Alt 5 includes modifications and improvements to existing roadways and may result in partial or complete road closure during construction activities. If road closures or detours are required during construction, Alt 5 would be required to prepare and implement a TCP to ensure that it would not result in increased roadway hazards during construction. Alt 5 would comply with the City of Newark’s TCP Requirements for work area traffic control for work performed in the City’s ROWs. Additionally, there would be no incompatible uses introduced to the project area which could cause vehicle conflicts (e.g., farm equipment). Therefore, impacts would be less than significant.

Impact TRANS-d: Alt 5 would not result in inadequate emergency access.

Alt 5 would not result in inadequate emergency access and development of the project site would not alter or impede emergency response routes or plans set in place by the City.

Emergency vehicles would access the project site through the two vehicular access points on Mowry Avenue and use the internal street network. In addition to access through Mowry Avenue, the project applicants have worked with the owners of the adjacent Cargill property to secure rights to utilize their access road as an EVA lane for the project to provide a secondary EVA point to the project site. The existing Cargill levee road has been previously developed to allow for emergency vehicle access and therefore, Alt 5 would not require any improvements to the existing EVA lane except for minor modifications to add compacted gravel to an existing gravel crossing connecting the Cargill levee road to Mowry Avenue. Alt 5’s internal streets would meet the fire apparatus access road requirements of the CFC. The project roadway and neighborhood design would provide adequate turning radii and drive areas for fire trucks and other emergency vehicles. Based on the project site plan, the internal streets and intersection, including the project cul-de-sacs, would accommodate fire truck access. The project site would not be gated and the fire truck would be able to access the project site freely.

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The project driveways and emergency access points are designed to comply with turning radius requirements for emergency vehicles and will not cause hazardous driving conditions.

Alt 5’s detailed design will be completed in compliance with CFC requirements and not impair emergency vehicle access in the vicinity of the project site during construction and in ongoing operation. Compliance with the CFC and California Building Code (CBC) will be mandated through the plan check and approval process. This process will also ensure that adequate access for emergency services is provided and the City’s emergency response plan will be upheld during construction. Therefore, Alt 5 would not result in inadequate emergency access and impacts would be less than significant.

18. Utilities and Service Systems
Impact UTIL-1: Alt 5 would not 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.

As outlined in the DEIR, the City’s General Plan EIR takes into account anticipated demand from existing Specific Plans and development projects within the City when developing or updating a General Plan and its EIR. Therefore, the Areas 3 and 4 Specific Plan’s demands were factored into the General Plan EIR which determined that the projected wastewater generation at buildout would be adequately handled by the Alvarado Wastewater Treatment Plant’s (AWWTP’s) existing capacity and sufficient capacity would be remaining after buildout. As such, Alt 5’s demands would be adequately handled by the AWWTP’s existing capacity and would not require the expansion of AWWTP. Alt 5 would be required to comply with the USD’s Capacity Charge Ordinance and Newark Municipal Code Chapter 3.24, Development Impact Fees which require all development applicants and new developments to pay capacity fees and pay a fee towards construction of facilities that are required by new development. The funds collected through the fee would ensure funding is provided and set aside to allow for future construction or expansion of facilities as needed to accommodate future growth. Alt 5 includes construction of a new sanitary sewer lift station on Mowry Avenue, between the UPRR tracks and the project frontage. The construction of the new sewer main, lift station, and extension of the existing sewer main would be completed in accordance with City engineering requirements for the installation of utilities and construction would comply with applicable air quality and noise reduction regulations to ensure that construction of utility infrastructure would not cause significant impacts to the environment. Alt 5 would not require or result in the construction of additional wastewater treatment facilities and impacts would be less than significant.

Alt 5 would include construction of on- and off-site water lines to serve the proposed development. The construction and extension of water mains would be completed in accordance with City engineering requirements for the installation of utilities and Resolution No. ______ 39 of 72
construction would comply with applicable air quality and noise reduction regulations to ensure that construction of utility infrastructure would not cause significant impacts to the environment. Alt 5 would not require water supplies in excess of the project demand and Alt 5 would not require the construction of or expansion of existing water facilities. Additionally, Alt 5 would be required to pay its fair share of cost of infrastructure improvements required for new developments. Therefore, impacts would be less than significant.

Alt 5 would include installation of a storm drain systems consisting of bioretention areas, curbs and gutters along the roadways, and underground storm drain pipes and would utilize Low Impact Development (LID) techniques for the system. The construction of improvements would be completed in accordance with the City’s engineering standards and construction activities would comply with existing regulations to reduce potential environmental impacts resulting from construction activities. The constructed improvements would not result in changes to the stormwater system that would result in environmental effects. The project developed a Post Construction Stormwater Control Plan which outlines the proposed storm water infrastructure for the development and includes design strategies, measures, and requirements to ensure that the proposed storm water infrastructure is constructed in accordance with City guidelines. As the City’s storm water is directed towards local creeks and the bay without off-site treatment, Alt 5 would not require the construction of new or expanded stormwater infrastructure. Stormwater infrastructure improvements included in Alt 5 would adequately convey stormwater flows on- and off-site and impacts would be less than significant.

Alt 5 would be designed and constructed to be 100 percent electric and would not utilize natural gas during operation of the Alt 5. Although Alt 5 would demand additional electricity, electrical connections would be made with existing facilities located on-site. Alt 5 would be subject to energy efficiency standards through the California Green Building Code and Title

24. No new expanded facilities would be required for electric facilities that could potentially cause a significant environmental impact.

Impact UTIL-2: Alt 5 would have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years.

As identified in the DEIR, during the preparation of the Areas 3 and 4 Specific Plan RDEIR, a Water Supply Assessment (WSA) was prepared by Alameda County Water District (ACWD) in November 2008 which indicated that sufficient water supplies exist to meet the ACWD’s projected demands as well as the Specific Plan’s demands, including the proposed project, under normal year conditions. The WSA prepared in 2008 is still applicable to the Alt

5. Alt 5 would result in a reduction of water demand from the land use assumed in the WSA as the golf course that was proposed to be built on the project site would no longer be developed. As identified in the WSA, while the WSA assumed that the golf course would Resolution No. ______ 40 of 72
eventually be supplied by reclaimed water when such supplies were available, it assumed that the golf course would rely on groundwater to meet irrigation needs. Though the golf course would have been supplied with groundwater from an on-site well and not through the ACWD’s potable water system, the groundwater pulled from the on-site well would have relied on groundwater from the same groundwater source as ACWD and therefore, the demand estimate for the golf course was included in the overall Specific Plan demand of potable water. Additionally, ACWD provided a comment letter on April 15, 2024 which identified that water demands for the proposed project are consistent with previous planning by the City and have been incorporated in ACWD’s water demand forecasting. As Alt 5 would not result in a significant increase in water demand at the site compared to the proposed project, ACWD’s comment letter would continue to be applicable for Alt 5.

Because the demands of the Specific Plan are already factored into the Urban Water Management Plan’s (UWMP) demand analysis, the development of Alt 5 would not result in increased shortages beyond those already factored into ACWD’s planning under current and future conditions. The UWMP forecasts that the ACWD could withstand a repeat of past dry years conditions without any additional shortages.

Alt 5 would develop residential units in Sub Area D of Area 4 of the Newark Areas 3 and 4 Specific Plan which was originally proposed to be developed as a golf course. Although Alt 5 would not develop the land as it was proposed in the Areas 3 and 4 Specific Plan, the proposed residential units would not result in a substantial increase in water demand for the project site compared to if the project site was developed as a golf course. The WSA prepared for the Areas 3 and 4 Specific Plan identified that with compliance of the requirements provided in the WSA, ACWD would have sufficient water supplies to support the development as part of the Areas 3 and 4 Specific Plan. Additionally, in a letter provided by the ACWD dated January 3, 2022, the ACWD determined that the total water demand for the Specific Plan area has been reduced since the preparation of the WSA in 2008 and therefore, the findings and determination of the WSA that there would be sufficient water supplies available to serve buildout of the Specific Plan area still apply. The proposed project’s 203 residential units was be anticipated to result in a water demand of 30,450 gallons per day or

34.13 acre feet per year. The golf course development proposed by the Specific Plan for the project site was estimated to result in water demand of 491 acre feet per year. The water demand from Alt 5 would be slightly increased from the water demand of the proposed project, but well below the water demand of the golf course use. Therefore, Alt 5 would demand substantially less water at the site than what was identified in the Specific Plan and there would be sufficient water supplies available to serve Alt 5. Therefore, Alt 5 would not require water in excess of available existing entitlements and resources, and compliance with the requirements provided in the WSA would ensure that Alt 5 would not result in insufficient water supplies to serve the development. Therefore, impacts would be less than significant.

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Impact UTIL-3: Alt 5 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.

The General Plan EIR determined that the increase in the generation of wastewater at buildout of the General Plan, which includes development under the Areas 3 and 4 Specific Plan, would be adequately handled by the AWWTP’s existing capacity. As Alt 5’s 227 residential units would be within the residential allocation identified for the Areas 3 and 4 Specific Plan, Alt 5’s demands would be adequately handled by the AWWTP’s existing capacity. Alt 5 would be reviewed by USD and the City as required by the USD’s Capacity Charge Ordinance. The Capacity Charge Ordinance requires all new development projects to be subject to the development review process to ensure that there is adequate capacity by the wastewater treatment provider to serve the project, during which the Newark Public Works department and USD staff would require the applicant to upgrade or expand the USD’s collection system if the USD determines the demand from Alt 5 would exceed USD’s system capacity. USD’s Capacity Charge Ordinance also requires all development applicants to pay capacity fees, similar to the Newark Municipal Code Chapter 3.24 which requires new developments to pay a fee towards the construction of facilities that are required by new development. Alt 5 would pay all required fees and would be required to complete the City and USD’s development review process prior to the issuance of building permits. Therefore, Alt 5 would not result in a determination by the wastewater treatment provider that it does not have adequate capacity to serve Alt 5 and impacts would be less than significant.

Impact UTIL-4: Alt 5 would not 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.

Alt 5 would be expected to generate waste during the construction and operation of the project. Similar to the proposed project, construction of Alt 5 would involve the demolition of existing structures on-site and is estimated to remove approximately 39,000 cubic yards (CY) of vegetation, contaminated soil, demolition debris, and other cleared material prior to construction. Construction waste generated would be disposed of by the project contractor in accordance with the City’s established programs that facilitate the diversion and disposal of construction waste including the City’s Green Ordinance under Newark Municipal Code Chapter 15.44, Green Building and Construction and Demolition Debris Recycling.

Additionally, the project Applicant would be required to complete a waste management plan, which would describe the volume of construction/demolition debris that will be recycled, landfilled, or reused, and identification of the receiving facility, and submit the plan to the City prior to the issuance of any building permits.

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According to California Department of Resources Recycling and Recovery’s (CalRecycle) Disposal Rate Calculator, the City of Newark had a population disposal rate of 4.7 pounds per person per day in 2020. Operation of the proposed project was anticipated to result in approximately 2,928 pounds of waste per day, or 485 tons per year. As Alt 5 would only increase the number of residential units by 24 units, it is not anticipated to result in generation of significant increase in solid waste compared to the proposed project. Solid waste from Alt 5 would be disposed of at the Altamont Landfill which has a permitted maximum throughput of 11,150 tons per day and has a remaining capacity of 65,400,000 CY.

Due to the substantial amount of available capacity remaining at Altamont Landfill, sufficient capacity would be available to accommodate Alt 5’s solid waste disposal needs. Alt 5 would implement the City’s goals, policies, and standards for reducing waste generation such as those under General Plan Goal CS-8. Alt 5 would not be expected to generate solid waste in excess of state or local standards and would not impair attainment of solid waste reduction goals. Therefore, a less than significant impact related to solid waste would occur.

Impact UTIL-5: Alt 5 would comply with federal, state, and local management and reduction statutes and regulations related to solid waste.

Alt 5 would implement all applicable statutes and regulations related to solid waste that has been adopted or implemented by the City. Alt 5 would be served by curbside solid waste and recycling services and solid waste disposal is required to follow the requirements of the contracted waste hauler and disposal facility, which follows local, state, and federal statutes and regulations related to the collection and disposal of solid waste. There are numerous goals, policies, and actions in the City’s General Plan related to reducing waste generation in the City. Alt 5 would implement all goals, policies and actions identified in the General Plan such as policies and actions under General Plan Goal CS-8 which requires compliance with the City’s waste reduction program and standards set for construction and demolition debris.

Alt 5 would comply with all federal, state, and local statues and regulations related to solid waste and impacts would be less than significant.

19. Wildfire
Impact WF-1: Alt 5 would not substantially impair an adopted emergency response plan or emergency evacuation plan.

The project site is not located within a state responsibility area and does not contain lands classified as being within a very high fire hazard severity zone. Alt 5 involves permanent modifications to Mowry Avenue and may include partial or complete road closures during the construction phase. There are no identified evacuation routes that would be potentially impacted by the construction of Alt 5. A TCP would be prepared which would identify all detours, appropriate traffic controls, and ensure adequate circulation and emergency access are provided during the construction phase. Additionally, all roadway improvements and Resolution No. ______ 43 of 72
construction would be designed to provide adequate emergency vehicle access to the project site during construction and operation of Alt 5. Therefore, project construction and operation activities would not interfere with an emergency evacuation or response plan, and impacts would be less than significant.

Impact WF-2: Alt 5 would not, 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.

The topography of the project site is flat and is located in an urban area with existing developments and roadways. The area surrounding the project site is similarly flat. The project site is not in a state responsibility area and does not contain lands classified as being within a very high fire hazard severity zone. Furthermore, the risk of wildfire in this portion of the City is classified as low. Given the characteristics of the project site, Alt 5 would not exacerbate fire risk beyond what currently exists in the vicinity of the project site.

Additionally, Alt 5 would include fire safety measures and would be designed and constructed in accordance with the City’s fire protection requirements and the CFC which would minimize the severity of wildfire impacts on structures and residents if a wildfire was to occur nearby. Development of Alt 5 would not expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of wildfire, and there would be no impact.

Impact WF-3: Alt 5 would not 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.

The construction of Alt 5 would require the installation of associated infrastructure to serve the project. The project roadway and neighborhood design would provide adequate turning radii and drive areas for fire trucks and other emergency vehicles. All utilities required for the new development would be located underground and Alt 5 would include installation of fire hydrants at the project site to mitigate fire hazards. The City’s fire flow requirements are based on the standards for fire flow requirements of the CFC and Alt 5’s fire hydrants would be constructed to meet these requirements. The NFD would review the project plans to ensure that Alt 5 meets the City’s fire flow and fire protection requirements. Alt 5 would be required to implement General Plan policies along with the implementation of the Uniform Fire Code, CBC and CFC which would reduce effects of development on wildland fire hazard impacts. Alt 5 would require the installation of associated infrastructure to support the new development but would not exacerbate fire risk beyond what currently exists in the vicinity of the project site. Compliance with City’s policies and applicable building and fire codes would minimize fire risk and there would be a less than significant impact.

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Impact WF-4: Alt 5 would not 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.

The project site is not in a state responsibility area and does not contain lands classified as being within a very high fire hazard severity zone. The project site and surrounding area is relatively flat and not in an area subject to landslides. Additionally, the project site is located in an area identified as having minimal flood hazards. Alt 5 would use fill to elevate the proposed pad grades for the homes above the FEMA 100-year flood plain elevation which would offer flood damage protection, including potential flooding from sea level rise. The proposed pad grades would exceed the City’s standards of requiring a minimum elevation of

11.25 feet and would meet BCDC’s currently adopted sea level rise guidance. Additionally, the project’s pad elevation would meet the minimum pad elevation requirements of the RPCSAT projected likely range for sea level rise by the year 2100. As such, Alt 5 would not 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 and there would be a less than significant impact.

20. Cumulative Impacts
Aesthetics: Alt 5, in combination with past, present, existing, approved, pending, and reasonably foreseeable future projects, would not result in a significant cumulative impact related to aesthetics.

The geographic scope of the cumulative aesthetics analysis is the area surrounding the project site. All related projects considered in the cumulative are located more than one mile away from the project site, except for the Area 4 – Sanctuary West Project which is located approximately 0.4 mile east of the project site. Based on the distance of these related projects (except for the Area 4 – Sanctuary West Project) from the project site, they would not be associated with the visual character of the project area.

However, the Area 4 – Sanctuary West Project identified a significant and unavoidable impact related to changes in visual character associated with the development of the project.

The significant and unavoidable impact to visual resources for the Area 4 – Sanctuary West Project is due to the project seeking coverage under the existing Areas 3 and 4 Specific Plan which identified a significant and unavoidable aesthetic impact as it would result in development of approximately 850 acres of undeveloped area with urbanized uses and would change the existing character of the area. The Area 4 - Sanctuary West Project is already approved and would build 469 two-story single-family homes before Alt 5 and therefore, the lands surrounding and in the vicinity of the project site would already be developed with urbanized uses and Alt 5 would not result in changes to the visual character that would result in a significant cumulatively considerable aesthetics impact. Similar to Alt 5, the related Resolution No. ______ 45 of 72
projects would be required to comply with the development standards of the City and would be subject to review by the City to ensure proposed buildings are compatible with surrounding development and to mitigate potential aesthetic impacts. In addition, a portion of the Alt 5 Project site is currently developed with urban industrial uses. Therefore, Alt 5, in conjunction with related projects, would not have a cumulatively considerable impact on aesthetics.

Agricultural and Forestry Resources: Alt 5, in combination with past, present, existing, approved, pending, and reasonably foreseeable future projects, would not result in a significant cumulative impact related to agricultural and forestry resources.

Alt 5 would result in no impacts to agricultural and forestry resources. The project site is not designated for agricultural and forestry uses and no agricultural or forestry uses currently exist on-site. Other developments in the project vicinity would be required to demonstrate that development of the related project would not result in significant impacts to agricultural and forestry resources. Related projects considered in the cumulative analysis are located in urbanized areas and would not result in the conversion of agricultural or forestry land to urban uses. Therefore, Alt 5, in conjunction with related projects, would not have a cumulatively considerable impact on agricultural and forestry resources.

Energy: Alt 5, in combination with past, present, existing, approved, pending, and reasonably foreseeable future projects, would not result in a significant cumulative impact related to energy.

Alt 5 would be 100 percent electric and the structures would be designed and constructed in accordance with CALGreen and Title 24 standards to increase energy efficiency and reduce energy demand. These standards include minimum energy efficiency requirements related to building envelope, mechanical systems (heating, ventilation, air conditioning, and water heating systems), indoor and outdoor lighting, and illuminated signs. Other planned projects in the vicinity and region would similarly be designed to meet existing CALGreen and Title 24 standards and would require compliance with applicable building code standards related to energy efficiency. This would ensure that the project would not result in the inefficient, unnecessary, or wasteful consumption of energy. Thus, Alt 5, in conjunction with related projects, would not have a cumulatively considerable impact on energy.

Greenhouse Gas Emissions: Alt 5, in combination with past, present, existing, approved, pending, and reasonably foreseeable future projects, would not result in a significant cumulative impact related to greenhouse gas emissions.

GHG impacts are a cumulative impact. On their own, GHG emissions from one project cannot result in changes in climate conditions; therefore, the emissions from one project must be considered in the context of their contribution to cumulative global emissions. Alt 5 would not have a significant impact with regard to GHG emissions and would be consistent with the Resolution No. ______ 46 of 72
City’s CAP and State plans for achieving GHG reductions and meeting established targets.

Additionally, GHG emissions resulting from operation of Alt 5 would not exceed the BAAQMD adjusted significance thresholds. Alt 5 would be consistent with best practices for reducing GHGs through the incorporation of greater energy efficiency by developing the project’s structures to be 100 percent electric. Other projects in the region and the State would also have to show consistency with local and State GHG reduction plans and comply with the Title 24 and CALGreen requirements. Therefore, Alt 5, in conjunction with related projects, would not have a cumulatively considerable impact related to GHG emissions.

Land Use and Planning: Alt 5, in combination with past, present, existing, approved, pending, and reasonably foreseeable future projects, would not result in a significant cumulative impact related to land use and planning.

Alt 5 would be consistent with applicable goals and policies of the City’s General Plan and the General Plan land use designation of Low Density Residential although a General Plan Amendment is proposed for the multi-family affordable housing development parcel.

Additionally, Alt 5 is located within the Areas 3 and 4 Specific Plan area which has been identified by the City as an area for future growth, including residential developments. Alt 5 is requesting a rezoning and Specific Plan Amendment to better align the project site with the proposed use and existing and proposed General Plan land use designation. Alt 5 would be consistent with the requirements of the Specific Plan and PD-RS-6000 and multi-family zoning districts with the approval of a Specific Plan Amendment and rezoning. Other development in the project vicinity would be required to demonstrate consistency with the General Plan and development standards through project design or the implementation of mitigation measures. Therefore, Alt 5, in conjunction with related projects, would not have a cumulatively considerable impact on land use.

Mineral Resources: Alt 5, in combination with past, present, existing, approved, pending, and reasonably foreseeable future projects, would not result in a significant cumulative impact related to mineral resources.

Alt 5 would have no impact on mineral resources as the project site and its vicinity does not contain any known mineral resources of value and no mineral extraction activities exist within City limits. Other developments in the City would be required to demonstrate that development of the related project would not result in significant impacts to mineral resources. Therefore, Alt 5, in conjunction with related projects, would not have a cumulatively considerable impact on mineral resources.

Population and Housing: Alt 5, in combination with past, present, existing, approved, pending, and reasonably foreseeable future projects, would not result in a significant cumulative impact related to population and housing.

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The geographic area for cumulative population and housing impacts aligns with the City boundaries and can be extended further to Alameda County and the San Francisco Bay region. Alt 5, in conjunction with the future development in the City, is within the planned growth projections provided by the City’s General Plan. Additionally, the number of residential units proposed under Alt 5 would be within the City’s projected growth under the General Plan and would contribute to providing a housing quantity closer to the intended housing unit allocation envisioned within the General Plan. Alt 5 would not have a significant impact on housing and job balance and would help the City meet its RHNA. Other related projects would be required to demonstrate consistency with the growth projections identified in the City’s General Plan. Therefore, Alt 5, in conjunction with related projects, would not have a cumulatively considerable impact on population and housing.

Public Services: Alt 5, in combination with past, present, existing, approved, pending, and reasonably foreseeable future projects, would not result in a significant cumulative impact related to public services.

Alt 5 would result in generation of new residents which would increase demand for public services including police, fire, schools, parks, and other public facilities. However, as the project site is located in an area already served by police and fire protection services, Alt 5 is not anticipated to significantly increase demand. Similar to Alt 5, related projects in the City would be required to pay a Development Impact Fee as required by Chapter 3.24 of the Newark Municipal Code to offset the cost of police and fire protection demands associated with development of a new project. Though implementation of Alt 5 would result in increased demand on police and fire services, it is not anticipated to exacerbate any staffing issues by increasing the service population. The General Plan EIR identified that continued implementation of required fees and General Plan policies related to the police department, including requiring police department review of major new development plans, would ensure that the NPD is actively involved in planning to accommodate future growth in the City and that funds are set aside to allow for construction of new facilities as needed to accommodate future growth. Additionally, Alt 5 and related projects would be required to be designed and constructed in accordance with the City’s fire protection requirements and the CBC. Alt 5 is not anticipated to have a cumulative impact on police protection or fire and emergency services such that it would necessitate the construction of new or expanded facilities the construction of which would have adverse environmental impacts. Other related projects would be reviewed for impacts on police or fire and emergency services and would be required to address any potential impacts with mitigation. Therefore, Alt 5, in conjunction with other related projects, would not have a cumulatively considerable impact on police or fire and emergency services.

Alt 5 would be required to pay school impact fees collected by NUSD which would offset school facility costs associated with serving new students that result from new residential Resolution No. ______ 48 of 72
developments. Under SB 50, payment of school impact fees is considered to fully mitigate impacts to schools from new development for the purposes of CEQA. Other related projects that would result in the development of new residential units would also be required to pay fees to offset their impacts. Alt 5 is not anticipated to have a cumulative impact on schools such that it would necessitate the construction of new or expanded school facilities, the construction of which could have adverse environmental impacts. Other related projects would be reviewed for impacts on schools and would be required to address any potential impacts with mitigation. As such, related projects are not anticipated to result in significant impacts to schools. Therefore, Alt 5, in conjunction with related projects, would not have a cumulatively considerable impact on schools.

Alt 5 would result in an increase in the demand for nearby parks; however, Alt 5 would provide on-site open space areas and would pay a parks impact fee as required by the City.

Alt 5 is not anticipated to have a cumulative impact on parks such that it would necessitate the construction of new or expanded park facilities the construction of which would have adverse environmental impacts. Other related projects would be reviewed for impacts on parks and would be required to address any potential impacts with mitigation. Other related projects would be required to either dedicate land, or pay a fee in-lieu thereof, or both, at the option of the City as required for all new development within the City. The dedication of land and payment of fees would offset potential impacts from increased demand for park facilities.

Therefore, Alt 5, in conjunction with related projects, would not have a cumulatively considerable impact on parks.

Recreation: Alt 5, in combination with past, present, existing, approved, pending, and reasonably foreseeable future projects, would not result in a significant cumulative impact related to recreation.

Alt 5 would result in an increase in demand for parks and recreational facilities but would have a less than significant impact on parks as Alt 5 would develop on-site open space, including a new recreational area, and would pay the required parks impact fees. Related projects in the area would have the potential to result in a cumulative impact associated with increased demand for parks, resulting in deterioration of existing parks or requiring construction or expansion of recreational facilities. Related projects would be required to either dedicate land, or pay a fee in-lieu thereof, or both, at the option of the City as required for all new development within the City. The Area 4 – Sanctuary West Project would provide three parks and four boardwalk overlooks that would result in a combined park area of approximately 4.70 acres that would be available for public use, including for use by Alt 5’s residents. Related projects would be reviewed for impacts on parks and would be required to address any potential impacts with mitigation. As such, the Alt 5, in conjunction with related projects, would not have a cumulatively considerable impact on recreation.

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Utilities and Service Systems: Alt 5, in combination with past, present, existing, approved, pending, and reasonably foreseeable future projects, would not result in a significant cumulative impact related to utilities and service systems.

Alt 5 would generate an increased demand for water and wastewater treatment, stormwater drainage, and solid waste services, and would increase demand for water supplies. However, Alt 5’s increased demand would be adequately handled by existing systems and would not result in significant impacts to utilities and service systems. Additionally, a WSA prepared for the Areas 3 and 4 Specific Plan found that there were sufficient water supplies available to serve the developments proposed under the Specific Plan. Similar to Alt 5, other related projects would be required to demonstrate that existing systems have the capacity to handle the increase in water, wastewater, stormwater and solid waste generated from the project and that there would be sufficient water supplies to serve the increased demand during normal, dry, and multiple dry year scenarios. Other related projects would be reviewed for impacts on utilities and service systems and would be required to address any potential impacts with mitigation. Therefore, Alt 5, in conjunction with related projects, would not have a cumulatively considerable impact on utilities and service systems.

Wildfire: Alt 5, in combination with past, present, existing, approved, pending, and reasonably foreseeable future projects, would not result in a significant cumulative impact related to wildfire.

Alt 5 would have no significant impacts related to wildfire as the project site is not located in an area identified as a very high fire hazard severity zone. Similar to Alt 5, all other related projects would be required to implement General Plan policies identified to reduce wildfire risk along with the Uniform Building Code, CBC, and the CFC which would reduce effects of development on wildfire hazard impacts. Other related projects would be reviewed for impacts on wildfire risk and would be required to address any potential impacts with mitigation. As such, Alt 5, in conjunction with related projects, would not have a cumulatively considerable impact on wildfires.

B. Findings Regarding Potentially Significant Impacts
The following potential environmental impacts of Alt 5 were determined to be potentially significant and to require mitigation measures to avoid their effects or to reduce their severity. The City Council concurs with the conclusions in the DEIR, as incorporated into the FEIR, and makes the following findings with respect to such potentially significant impacts.

1. Air Quality
Impact AIR-1: Alt 5 could conflict with or obstruct implementation of the applicable air quality plan.

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Mitigation Measures: Mitigation Measure AIR-1: Implement Construction Best Management Practices and Mitigation Measure AIR-2: Tier 4 Certified Construction Equipment will be implemented as provided in the MMRP.

Findings Regarding Impact AIR-1: Based on the EIR and the entire record before the City, the Council finds that Mitigation Measures AIR-1 and AIR-2 would substantially lessen the severity of Impact AIR-1 for Alt 5, such that this potential impact would be less than significant. Implementation of Mitigation Measure AIR-1 would minimize impacts resulting from fugitive dust emissions during construction activities by requiring implementation of basic construction mitigation measures recommended by the BAAQMD. Implementation of Mitigation Measure AIR-2 would reduce potential air pollutant emissions resulting from use of construction equipment by requiring use of diesel-powered off-road equipment that are U.S. EPA Tier 4 certified, or have CARB approved engine retrofit kits certified to have emissions equivalent to Tier 4 standards. Implementation of these mitigation measures would reduce impacts related to construction air pollutant emissions to a less than significant level and ensure Alt 5 would not conflict with or obstruct implementation of the applicable air quality plan.

Impact AIR-2: Alt 5 could 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.

Mitigation Measures: Mitigation Measure AIR-1: Implement Construction Best Management Practices and Mitigation Measure AIR-2: Tier 4 Certified Construction Equipment will be implemented as provided in the MMRP.

Findings Regarding Impact AIR-2: Based on the EIR and the entire record before the City, the Council finds that Mitigation Measures AIR-1 and AIR-2 would substantially lessen the severity of Impact AIR-2 for Alt 5, such that this potential impact would be less than significant. Impacts for emission of NOx during remediation and construction would exceed the BAAQMD threshold, and the impact would be potentially significant. Implementation of Mitigation Measure AIR-2 would require project construction to utilize Tier 4 certified construction equipment which would reduce the impact to a less than significant level and would not result in a significant impact. Additionally, implementation of Basic Construction Mitigation Measures as required by Mitigation Measure AIR-1 would reduce impacts of emission of PM10 and PM2.5 during construction and remediation to a less than significant level and would not result in a significant impact. Therefore, with implementation of Mitigation Measures AIR-1 and AIR-2, Alt 5 would not result in a cumulatively considerable net increase of any criteria pollutant for which the region is non-attainment under an applicable federal or state ambient air quality standard, and the impact would be less than significant.

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Impact AIR-3: Alt 5 could expose sensitive receptors to substantial pollutant concentrations.

Mitigation Measures: Mitigation Measure AIR-1: Implement Construction Best Management Practices and Mitigation Measure HAZ-1: Remediation of Contamination will be implemented as provided in the MMRP.

Findings Regarding Impact AIR-3: Based on the EIR and the entire record before the City, the Council finds that Mitigation Measures AIR-1 and HAZ-1 would substantially lessen the severity of Impact AIR-3 for Alt 5, such that this potential impact would be less than significant. Project construction would generate fugitive dust that may impact nearby sensitive receptors and result in potentially significant impacts. Implementation of Mitigation Measure AIR-1 would require project construction to implement fugitive dust control measures that are consistent with BMPs established by the BAAQMD, which would reduce the project’s construction-generated fugitive dust impacts to a less than significant level.

Similar to the proposed project, Alt 5 would require the demolition of an existing facility where there may be potential for asbestos to be present. Implementation of Mitigation Measure HAZ-1 would require an asbestos survey prior to demolition and soil and ground water quality investigations prior to demolition activities and grading activities and would reduce potential impacts to less than significant. Therefore, with implementation of Mitigation Measures AIR-1 and HAZ-1, Alt 5 would not expose sensitive receptors to substantial pollutant concentrations and impacts would be less than significant.

2. Biological Resources
Impact BIO-1: Alt 5 could have a substantial adverse effect, either directly or through habitat modifications on any species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service.

Mitigation Measures: Mitigation Measure BIO-1: Standard Construction Best Management Practices, Mitigation Measure BIO-2: Environmental Awareness, Mitigation Measure BIO-3:

Pre-Construction Nesting Bird Survey, Mitigation Measure BIO-4: Burrowing Owl PreConstruction Surveys, Mitigation Measure BIO-5: Burrowing Owl Mitigation, Mitigation Measure BIO-6: Special-Status Bat Species, Mitigation Measure BIO-7: Reduce the Spread of Invasive Species, and Mitigation Measure BIO-8: Post-Construction Predator Management Plan and Program will be implemented as provided in the MMRP.

Findings Regarding Impact BIO-1: Based on the EIR and the entire record before the City, the Council finds that Mitigation Measures BIO-1 through BIO-8 would substantially lessen the severity of Impact BIO-1 for Alt 5, such that this potential impact would be less than significant. Implementation of Mitigation Measures BIO-1 through BIO-8 would protect special status species by requiring site-wide BMPs, environmental awareness training, preconstruction surveys, guidelines to follow in the event relocation of wildlife is required, and Resolution No. ______ 52 of 72
preparation and implementation of an Invasive Species Management Plan and postconstruction predator management plan and programs. Implementation of these mitigation measures would reduce impacts to listed or special-status plants and wildlife to a less than significant level.

Impact BIO-5: Alt 5 could conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance.

Mitigation Measures: Mitigation Measure BIO-9: Tree Preservation Plan will be implemented as provided in the MMRP.

Findings Regarding Impact BIO-5: Based on the EIR and the entire record before the City, the Council finds that Mitigation Measure BIO-9 would substantially lessen the severity of Impact BIO-5 for Alt 5, such that this potential impact would be less than significant.

Implementation of Mitigation Measure BIO-9 would require preparation of a Tree Preservation Plan prior to the issuance of construction-phase permits and would ensure Alt 5 does not conflict with the City’s tree preservation ordinance. Implementation of this mitigation measure would reduce impacts to a less than significant level.

3. Cultural Resources
Impact CUL-2: Alt 5 could cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5.

Mitigation Measures: Mitigation Measure CUL-1: Archaeological Monitoring Program will be implemented as provided in the MMRP.

Findings Regarding Impact CUL-2: Based on the EIR and the entire record before the City, the Council finds that Mitigation Measure CUL-1 would substantially lessen the severity of Impact CUL-2 for Alt 5, such that this potential impact would be less than significant. Mitigation Measure CUL-1 would require the preparation of an archaeological monitoring program to be implemented during construction and demolition activities prior to the start of construction activities. With implementation of Mitigation Measure CUL-1, potential impacts related to archaeological resources would be less than significant.

Impact CUL-3: Alt 5 could disturb any human remains, including those interred outside of formal cemeteries.

Mitigation Measures: Mitigation Measure CUL-2: Human Burials Encountered During Construction will be implemented as provided in the MMRP.

Findings Regarding Impact CUL-3: Based on the EIR and the entire record before the City, the Council finds that Mitigation Measure CUL-2 would substantially lessen the severity of Impact CUL-3 for Alt 5, such that this potential impact would be less than significant. Mitigation Measure CUL-2 outlines procedures to be followed in the event of an Resolution No. ______ 53 of 72
accidental discovery or recognition of human remains during project construction activities including PRC Section 5097.98, stopping all work in the area of discovery, and handling of human remains. With implementation of Mitigation Measure CUL-2, potential impacts related to undiscovered human remains would be less than significant.

4. Geology and Soils
Impact GEO-1: Alt 5 could directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: ii) Strong seismic groundshaking; and ii) seismic-related ground failure, including liquefaction.

Mitigation Measures: Mitigation Measure GEO-1: Implement Recommendations included in the Geotechnical Studies and Mitigation Measure GEO-2: Mitigation of LiquefactionInduced Impacts on Buildings will be implemented as provided in the MMRP.

Findings Regarding Impact GEO-1: Based on the EIR and the entire record before the City, the Council finds that Mitigation Measures GEO-1 and GEO-2 would substantially lessen the severity of Impact GEO-1 for Alt 5, such that this potential impact would be less than significant. Mitigation Measure GEO-1 requires implementation of all mitigation measures and design recommendations contained within the preliminary and design level geotechnical reports into the relevant project plans and specifications. Mitigation Measure GEO-2 requires implementation of all mitigation measures and design recommendations relating to liquefaction contained within the preliminary and design level geotechnical reports into the relevant project plans and specifications and requires the project site plans to be submitted to the City and reviewed as part of the development review process. These mitigation measures would ensure that the proposed development is designed and constructed to withstand seismic related impacts and reduce the potential risks to people and structures. With implementation of mitigation measures, impacts would be less than significant.

Impact GEO-2: Alt 5 could result in substantial soil erosion or the loss of topsoil.

Mitigation Measures: Mitigation Measure HYD-1: Prepare and Implement a SWPPP will be implemented as provided in the MMRP.

Findings Regarding Impact GEO-2: Based on the EIR and the entire record before the City, the Council finds that Mitigation Measure HYD-1 would substantially lessen the severity of Impact GEO-2 for Alt 5, such that this potential impact would be less than significant. Mitigation Measure HYD-1 requires preparation and implementation of a Stormwater Pollution Prevention Plan (SWPPP) that identifies BMPs to control the discharge of sediment and other pollutants during construction. Mitigation Measure HYD-1 would ensure that construction of Alt 5 would not result in substantial soil erosion or loss of topsoil, and impacts would be less than significant.

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Impact GEO-3: Alt 5 could 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.

Mitigation Measures: Mitigation Measure GEO-1: Implement Recommendations included in the Geotechnical Studies, Mitigation Measure GEO-2: Mitigation of Liquefaction-Induced Impacts on Buildings, Mitigation Measure GEO-3: Prepare and Implement Dewatering and Shoring Plans, and Mitigation Measure HAZ-1: Remediation of Contamination will be implemented as provided in the MMRP.

Findings Regarding Impact GEO-3: Based on the EIR and the entire record before the City, the Council finds that Mitigation Measures GEO-1, GEO-2, GEO-3, and HAZ-1 would substantially lessen the severity of Impact GEO-3 for Alt 5, such that this potential impact would be less than significant. Mitigation Measures GEO-1 and GEO-2 require implementation of all mitigation measures and design recommendations contained within the preliminary and design level geotechnical reports into the relevant project plans and specifications and requires the project site plans be submitted to the City and reviewed as part of the development review process. Mitigation Measure GEO-3 would require preparation and implementation of a dewatering plan and potentially a shoring plan if shoring methods are determined to be required for excavation. Mitigation Measure HAZ-1 requires remediation of on-site soils prior to the start of construction activities and evaluation of clean imported fill by a soil engineer prior to use in accordance with recommendations included in the design level geotechnical report to ensure imported fill are suitable for use at the project site to mitigate any potential impacts from unstable soils. These mitigation measures would ensure that the proposed development is designed and constructed to reduce the potential risks to people and structures resulting from unstable soils. With implementation of mitigation measures, impacts would be less than significant.

Impact GEO-4: Alt 5 could 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.

Mitigation Measures: Mitigation Measure GEO-1: Implement Recommendations included in the Geotechnical Studies and Mitigation Measure HAZ-1: Remediation of Contamination will be implemented as provided in the MMRP.

Findings Regarding Impact GEO-4: Based on the EIR and the entire record before the City, the Council finds that Mitigation Measures GEO-1 and HAZ-1 would substantially lessen the severity of Impact GEO-4 for Alt 5, such that this potential impact would be less than significant. Mitigation Measure GEO-1 requires implementation of all mitigation measures and design recommendations contained within the preliminary and design level geotechnical reports prepared into the relevant project plans and specifications and requires Resolution No. ______ 55 of 72
the project site plans to be submitted to the City and reviewed as part of the development review process. Mitigation Measure HAZ-1 requires remediation of on-site soils prior to the start of construction activities and evaluation of clean imported fill by a soil engineer prior to use in accordance with recommendations included in the design level geotechnical report to ensure imported fill are suitable for use at the project site to mitigate any potential impacts from expansive soils. These mitigation measures would ensure that the proposed development is designed and constructed to reduce the potential risks to people and structures resulting from expansive soils. With implementation of mitigation measures, impacts would be less than significant.

Impact GEO-6: Alt 5 could be directly or indirectly destroy a unique paleontological resource or site or unique geologic features.

Mitigation Measures: Mitigation Measure GEO-4: Procedures for Paleontological Resources Discovered During Construction will be implemented as provided in the MMRP.

Findings Regarding Impact GEO-6: Based on the EIR and the entire record before the City, the Council finds that Mitigation Measure GEO-4 would substantially lessen the severity of Impact GEO-6 for Alt 5, such that this potential impact would be less than significant. Mitigation Measure GEO-4 outlines procedures to be followed if unknown unique paleontological resources are discovered on-site during construction, such as requiring all activities to be stopped within a 50 foot radius of the identified resource until a qualified paleontologist evaluates the finding. This mitigation measure would ensure that Alt 5 does not result in inadvertent destruction of unknown and undiscovered paleontological resources and with implementation of the mitigation measure, impacts would be less than significant.

5. Hazards and Hazardous Materials
Impact HAZ-1: Alt 5 could create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials.

Mitigation Measures: Mitigation Measure HAZ-1: Remediation of Contamination will be implemented as provided in the MMRP.

Findings Regarding Impact HAZ-1: Based on the EIR and the entire record before the City, the Council finds that Mitigation Measure HAZ-1 would substantially lessen the severity of Impact HAZ-1 for Alt 5, such that this potential impact would be less than significant. Mitigation Measure HAZ-1 requires remediation of existing soil and groundwater contamination at the project site to residential standards prior to the start of construction activities. Implementation of Mitigation Measure HAZ-1 would ensure that all existing onsite soil and groundwater contamination is remediated prior to the start of construction activities and would ensure that impacts associated with the routine transport, use, and Resolution No. ______ 56 of 72
disposal of hazardous materials during remediation activities for Alt 5 would result in a less than significant impact.

Impact HAZ-2: Alt 5 could 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.

Mitigation Measures: Mitigation Measure HAZ-1: Remediation of Contamination and Mitigation Measure HYD-1: Prepare and Implement a SWPPP will be implemented as provided in the MMRP.

Findings Regarding Impact HAZ-2: Based on the EIR and the entire record before the City, the Council finds that Mitigation Measures HAZ-1 and HYD-1 would substantially lessen the severity of Impact HAZ-2 for Alt 5, such that this potential impact would be less than significant. Mitigation Measure HAZ-1 requires remediation of existing soil and groundwater contamination at the project site to residential standards prior to the start of construction activities. Mitigation Measure HYD-1 requires preparation and implementation of a SWPPP to prevent contaminated runoff from leaving the project site during construction activities. Implementation of Mitigation Measure HAZ-1 would ensure that all existing soil and groundwater contamination is remediated prior to the start of construction activities to prevent contaminated materials from being released into the environment and Mitigation Measure HYD-1 would ensure construction impacts related to accidental release of hazardous materials are less than significant.

Impact HAZ-4: Alt 5 could 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 not create a significant hazard to the public or the environment.

Mitigation Measures: Mitigation Measure HAZ-1: Remediation of Contamination will be implemented as provided in the MMRP.

Findings Regarding Impact HAZ-4: Based on the EIR and the entire record before the City, the Council finds that Mitigation Measure HAZ-1 would substantially lessen the severity of Impact HAZ-4 for Alt 5, such that this potential impact would be less than significant. Mitigation Measure HAZ-1 requires remediation of existing soil and groundwater contamination at the project site to residential standards prior to the start of construction activities. Implementation of Mitigation Measure HAZ-1 would ensure that hazardous site conditions are no longer present and ensure that development of Alt 5 would not create a significant hazard to the public or the environment. Implementation of the mitigation measure would mitigate impacts caused by existing soil and groundwater contamination to a less than significant level.

6. Hydrology and Water Quality
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Impact HYD-1: Alt 5 could violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality.

Mitigation Measures: Mitigation Measure HYD-1: Prepare and Implement a SWPPP and Mitigation Measure HAZ-1: Remediation of Contamination will be implemented as provided in the MMRP.

Findings Regarding Impact HYD-1: Based on the EIR and the entire record before the City, the Council finds that Mitigation Measures HYD-1 and HAZ-1 would substantially lessen the severity of Impact HYD-1 for Alt 5, such that this potential impact would be less than significant. Mitigation Measure HYD-1 would require preparation of a SWPPP and incorporation of BMPs to control sedimentation, erosion, and hazardous materials from contacting stormwater, with the intent of keeping all products of erosion from moving off-site into receiving waters to protect water quality. Mitigation Measure HAZ-1 would require remediation activities including the remediation of contaminated surface waters in the existing retention basins with discharge of the contaminated surface water being completed in accordance with USD permit requirements. Implementation of the mitigation measures would protect water quality from potential impacts and impacts would be less than significant.

Impact HYD-2: Alt 5 could substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin.

Mitigation Measures: Mitigation Measure GEO-3: Prepare and Implement Dewatering and Shoring Plans will be implemented as provided in the MMRP.

Findings Regarding Impact HYD-2: Based on the EIR and the entire record before the City, the Council finds that Mitigation Measure GEO-3 would substantially lessen the severity of Impact HYD-2 for Alt 5, such that this potential impact would be less than significant. Mitigation Measure GEO-3 requires the preparation and implementation of a dewatering plan in accordance with the waste discharge requirements of the RWQCB.

Mitigation Measure GEO-3 would ensure Alt 5 would comply with General Plan Policy CD3.1 which requires the consideration of potential impacts to groundwater quality and water quality. Implementation of the mitigation measure would protect groundwater quality and the impact to groundwater would be less than significant.

Impact HYD-3: Alt 5 could substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) Result in substantial erosion or siltation on or offsite; or 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.

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Mitigation Measures: Mitigation Measure HYD-1: Prepare and Implement a SWPPP will be implemented as provided in the MMRP.

Findings Regarding Impact HYD-3: Based on the EIR and the entire record before the City, the Council finds that Mitigation Measure HYD-1 would substantially lessen the severity of Impact HYD-3 for Alt 5, such that this potential impact would be less than significant. Mitigation Measure HYD-1 requires the preparation of a SWPPP in accordance with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit. The SWPPP would include BMPs and pollution prevention measures (erosion and sediment control measures and measures to control non-stormwater discharges and hazardous spills) that would be implemented during construction activities to prevent, control, and reduce polluted runoff and reduce the potential of erosion impacts. Implementation of the mitigation measure would reduce potential erosion and polluted runoff impacts and the impact would be less than significant.

Impact HYD-5: Alt 5 could conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan.

Mitigation Measures: Mitigation Measure HYD-1: Prepare and Implement a SWPPP and Mitigation Measure GEO-3: Prepare and Implement Dewatering and Shoring Plans will be implemented as provided in the MMRP.

Findings Regarding Impact HYD-5: Based on the EIR and the entire record before the City, the Council finds that Mitigation Measures HYD-1 and GEO-3 would substantially lessen the severity of Impact HYD-3 for Alt 5, such that this potential impact would be less than significant. Mitigation Measure HYD-1 would require obtaining coverage under the NPDES General Construction Permit and preparation of a SWPPP that includes BMPs to meet water discharge requirements. If construction activities encounter groundwater, Alt 5 would implement Mitigation Measure GEO-3 and would be required to prepare a dewatering plan in accordance with the discharge requirements of the RWQCB. Implementation of the mitigation measure would reduce potential water quality and groundwater impacts and ensure Alt 5 would not conflict with any plans adopted for the purpose of protecting water quality or providing sustainable groundwater management. As such, the impact would be less than significant.

7. Noise
Impact NOI-1: Alt 5 could result in a generation of a substantial temporary or permanent increase in ambient noise level 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.

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Mitigation Measures: Mitigation Measure NOI-1: Project-Specific Acoustical Study, Mitigation Measure NOI-2: Project Fixed-Source Noise, and Mitigation Measure NOI-3:

Construction Activity will be implemented as provided in the MMRP.

Findings Regarding Impact NOI-1: Based on the EIR and the entire record before the City, the Council finds that Mitigation Measures NOI-1, NOI-2, and NOI-3 would substantially lessen the severity of Impact NOI-1 for Alt 5, such that this potential impact would be less than significant. Mitigation Measure NOI-1 would require the preparation of a projectspecific acoustical analysis to determine necessary noise control treatments to reduce interior traffic and train noise level impacts. Mitigation Measure NOI-2 would require a noise analysis be prepared by a qualified acoustical engineer and design of operational equipment in accordance with the measures provided in the analysis such as shielding, barriers, and/or attenuators to reduce noise levels that may affect nearby properties from on-site equipment required for operation of the Alt 5. Mitigation Measure NOI-3 would restrict construction and remediation to the hours between 7:00 A.M. and 6:00 P.M., Monday through Friday; and between 8:00 A.M. and 5:00 P.M. on Saturdays; and no construction would be permitted on Sundays and holidays to ensure compliance with the City’s construction noise requirements.

With implementation of the mitigation measures, impacts would be less than significant.

8. Tribal Cultural Resources
Impact TRIB-1: Alt 5 could 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 California Native American tribe, and that is: i) listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or ii) 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 Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.

Mitigation Measures: Mitigation Measure CUL-1: Archaeological Monitoring Program and Mitigation Measure CUL-2: Human Burials Encountered During Construction will be implemented as provided in the MMRP.

Findings Regarding Impact TRIB-1: Based on the EIR and the entire record before the City, the Council finds that Mitigation Measures CUL-1 and CUL-2 would substantially lessen the severity of Impact TRIB-1 for Alt 5, such that this potential impact would be less than significant. Mitigation Measure CUL-1 would require the preparation and Resolution No. ______ 60 of 72
implementation of a monitoring program which would include, but not limited to, identification of qualified archaeologists, preconstruction briefing for construction personnel on procedures to be followed in the event that unknown resources are encountered during construction, and construction monitoring. Additionally, Mitigation Measure CUL-1 requires consultation with a Native American tribal representative from a tribe that is traditionally and culturally affiliated to the geographic area where the project is located to determine the significance of the discovered resource and ensure proper handling of the resource. In the event of an accidental discovery or recognition of any human remains, Alt 5 would be required to implement Mitigation Measure CUL-2 which requires the stoppage of all ground disturbing work so that the County Coroner may determine in the remains are Native American. With implementation of Mitigation Measures CUL-1 and CUL-2, potential impacts to tribal cultural resources would be less than significant.

9. Cumulative Impacts
Air Quality: Alt 5, in combination with past, present, existing, approved, pending, and reasonably foreseeable future projects, would not result in a significant cumulative impact related to Air Quality.

Mitigation Measures: Mitigation Measure AIR-1: Implement Construction Best Management Practices, Mitigation Measure AIR-2: Tier 4 Certified Construction Equipment, and Mitigation Measure HAZ-1: Remediation of Contamination will be implemented as provided in the MMRP.

Findings Regarding Cumulative Air Quality Impact: As discussed in the EIR, the proposed project would be consistent with the Clean Air Plan with the implementation of Mitigation Measure AIR-1. Alt 5 would have the same level of impact as the proposed project and would require implementation of the same mitigation measures. Mitigation Measure AIR-1 requires the implementation of basic construction mitigation measures recommended by the BAAQMD to reduce fugitive dust emissions. Additionally, Alt 5 is required to implement Mitigation Measure AIR-2 which requires project construction to utilize Tier 4 certified construction equipment. Implementation of Mitigation Measures AIR1 and AIR-2 would reduce project construction emissions and ensure emissions would not exceed BAAQMD thresholds. In addition to Mitigation Measures AIR-1 and AIR-2, Alt 5 would be required to implement Mitigation Measure HAZ-1 to ensure that asbestos surveys are conducted for the existing structures on-site prior to demolition to ensure that demolition does not result in NOA pollutant concentrations to sensitive receptors nearby. Project operational emissions would be below the BAAQMD daily and annual significance thresholds.

The closest related project, the Area 4 – Sanctuary West Project, is located approximately 0.4 mile east of the project site and the analysis prepared for the Area 4 – Sanctuary West Project Resolution No. ______ 61 of 72
did not identify significant air quality impacts. All other related projects are located more than one mile away from the project site and there are no related projects located near the project site that would result in construction activities during the same construction period as Alt 5. Related projects would be required to implement similar mitigation measures as Alt 5 to reduce construction related emissions and ensure that construction related air quality impacts are less than significant. Additionally, related projects would require project specific air quality analysis be conducted to analyze impacts and determine project specific mitigation measures to reduce potential impacts. Therefore, Alt 5’s impacts would not result in a cumulatively considerable impact. Operation of Alt 5 would not expose future residents of the project site to substantial pollutant concentration that may cause harmful effects as the risk would be below the threshold of significance. Therefore, with implementation of mitigation measures, Alt 5, in conjunction with related projects, would not have a cumulatively considerable impact on air quality.

Biological Resources: Alt 5, in combination with past, present, existing, approved, pending, and reasonably foreseeable future projects, would not result in a significant cumulative impact related to biological resources.

Mitigation Measures: Mitigation Measure BIO-1: Standard Construction Best Management Practices, Mitigation Measure BIO-2: Environmental Awareness, Mitigation Measure BIO-3:

Pre-Construction Nesting Bird Survey, Mitigation Measure BIO-4: Burrowing Owl PreConstruction Surveys, Mitigation Measure BIO-5: Burrowing Owl Mitigation, Mitigation Measure BIO-6: Special-Status Bat Species, Mitigation Measure BIO-7: Reduce the Spread of Invasive Species, Mitigation Measure BIO-8: Post-Construction Predator Management Plan and Program, and Mitigation Measure BIO-9: Tree Preservation Plan will be implemented as provided in the MMRP.

Findings Regarding Cumulative Biological Resources Impact: The project site is located in an area with agricultural and industrial uses in the southwestern portion of the City. Of the 29 acre project site, 19 acres are currently disturbed and developed with the existing auto parts and scrap metal salvage lot and is primarily covered by existing structure and pavement. The approximately 10 acre northern parcel is undeveloped ruderal/disturbed habitat. Additionally, Alt 5’s construction would extend outside of the 29 acre project site to include off-site utility and circulation improvements along Mowry Avenue. Vegetation communities/land covers for the project area consist of developed land, ruderal/disturbed habitat, stormwater detention basins. Project site portions identified as developed land generally lacks significant habitat value for plants and wildlife and wildlife within developed areas is comprised of species that can tolerate regular human disturbance. The ruderal/disturbed area is comprised of vegetation dominated by naturalized or invasive nonnative species and ruderal native annuals and provide marginal nesting and foraging habitat Resolution No. ______ 62 of 72
for bird species in the region as well as habitat for disturbance-tolerant wildlife. The stormwater detention basins support patches of rapidly colonizing wetland plants.

Alt 5 would implement Mitigation Measures BIO-1 through BIO-9 to reduce potential impacts during construction and operation of Alt 5 to wildlife species and City protected trees to a less than significant level and would be consistent with the City’s biological policies and tree ordinance. Other related projects in the project vicinity and region would be required to implement similar mitigation to reduce potential impacts to special status species and comply with local biological policies and ordinances. Therefore, with implementation of mitigation measures, Alt 5, in conjunction with related projects, would not have a cumulatively considerable impact on biological resources.

Cultural Resources: Alt 5, in conjunction with past, present, existing, approved, pending, and reasonably foreseeable future projects in the City, would not result in a significant cumulative impact related to cultural resources.

Findings Regarding Cumulative Cultural Resources Impact: The geographic scope of the cumulative cultural resources analysis is the project site. The project site does not contain any historical resources and is not located within an identified historic district and therefore, would not result in the destruction of historical resources and there would be no impact. The project site does not contain any recorded archaeological or paleontological resources or burial sites. However, as discussed in the DEIR, there is the possibility that previously undiscovered resources could be encountered by construction activities. Therefore, Mitigation Measures CUL-1 and CUL-2 were identified to reduce potential impacts to a less than significant level. Implementation of identified mitigation measures would ensure that undiscovered cultural resources are not adversely affected by project-related construction activities, which would prevent the destruction or degradation of potentially significant undiscovered cultural resources in the area and would reduce potential impacts to a less than significant level. Related projects would be required to identify and implement similar mitigation measures to protect undiscovered cultural resources during construction. The Area 4 – Sanctuary West Project identified significant and unavoidable impacts to cultural resources; however, the geographic scope of impacts for cultural resources is the project site and does not contribute to cumulative impacts. Therefore, with implementation of mitigation measures, Alt 5, in conjunction with related projects, would not have a cumulatively considerable impact on cultural resources.

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Geology and Soils: Alt 5, in conjunction with past, present, existing, approved, pending, and reasonably foreseeable future projects in the City, would not result in a significant cumulative impact related to geology and soils.

Mitigation Measures: Mitigation Measure GEO-1: Implement Recommendations included in the Geotechnical Studies, Mitigation Measure GEO-2: Mitigation of Liquefaction-Induced Impacts on Buildings, Mitigation Measure GEO-3: Prepare and Implement Dewatering and Shoring Plans, Mitigation Measure GEO-4: Procedures for Paleontological Resources Discovered During Construction, Mitigation Measure HAZ-1: Remediation of Contamination, and Mitigation Measure HYD-1: Prepare and Implement a SWPPP will be implemented as provided in the MMRP.

Findings Regarding Cumulative Geology and Soils Resources Impact: Alt 5 would result in significant impacts related to geology and soils if it would result in substantial adverse effects involving rupture of earthquake faults and seismic ground shaking, seismic related ground failure, expansive or unstable soils, erosion impacts, or destruction of a unique paleontological resource. Alt 5 would not result in substantial geology and soils impacts; however, Alt 5 would implement mitigation measures to reduce potential impacts from seismic related ground failure, expansive or unstable soils, erosion impacts and impacts to paleontological resources to a less than significant level. Mitigation Measures GEO-1 through GEO-4 requiring implementation of design recommendations identified in the preliminary and design level geotechnical reports, as well as requiring preparation of dewatering and shoring plans, and outlining procedures for instances where paleontological resources are discovered during construction, would be implemented to reduce all potential geology and soils impacts to a less than significant level. Mitigation Measure HAZ-1 would be implemented to ensure the clean imported fill utilized are suitable for use at the project site. Additionally, Mitigation Measure HYD-1 would be implemented to ensure construction would not result in substantial soil erosion impacts. Other related projects would be required to implement similar mitigation to reduce impacts related to geology and soils if investigations determine that they were necessary for the related project. Other related projects would be reviewed for impacts related to geology and soils and would be required to address any potential impacts with mitigation. Therefore, with implementation of mitigation measures, Alt 5, in conjunction with related projects, would not have a cumulatively considerable impact related to geology and soils.

Hazards and Hazardous Materials: Alt 5, in conjunction with past, present, existing, approved, pending, and reasonably foreseeable future projects in the City, would not result in a significant cumulative impact related to hazards and hazardous materials.

Mitigation Measures: Mitigation Measure HAZ-1: Remediation of Contamination and Mitigation Measure HYD-1: Prepare and Implement a SWPPP will be implemented as provided in the MMRP.

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Findings Regarding Cumulative Hazards and Hazardous Materials Impact: Alt 5 would not result in the use of substantial quantities of hazardous materials or the creation of new hazards. However, there is the potential for hazardous materials, including contaminated soil and water at the site, to be released into the environment resulting from construction activities. Mitigation Measures HAZ-1 and HYD-1 requiring preconstruction surveys to identify existing hazardous conditions on-site, remediation of on-site soils and water identified as being contaminated from previous site uses, and requiring the preparation and implementation of a SWPPP, would be incorporated into Alt 5 to reduce potential impacts to a less than significant level. It is reasonable to assume that other related projects would be required to implement similar mitigation to reduce impacts from hazardous materials if investigations determine that they were necessary for the related project. Other related projects would be reviewed for impacts related to hazards and hazardous materials and would be required to address any potential impacts with mitigation. Therefore, with implementation of mitigation measures, Alt 5, in conjunction with related projects, would not have a cumulatively considerable impact related to hazards and hazardous materials.

Hydrology and Water Quality: Alt 5, in conjunction with past, present, existing, approved, pending, and reasonably foreseeable future projects in the City, would not result in a significant cumulative impact related to hydrology and water quality.

Findings Regarding Cumulative Hydrology and Water Quality Impact: Alt 5 would not result in substantial degradation to water quality or result in substantial hydrology impacts.

However, there is potential for construction related impacts to water quality and increased polluted runoff from the project site. Mitigation Measures HYD-1 and GEO-3 requiring preparation and implementation of a SWPPP and requiring implementation of design recommendations identified in the preliminary and design level geotechnical reports, would be incorporated into Alt 5 to reduce potential impacts to a less than significant level. It is reasonable to assume that related projects would be required to implement similar mitigation to reduce impacts related to hydrology and water quality if it were determined that they were necessary for the related project. Related projects would be reviewed for impacts related to hydrology and water quality and would be required to address any potential impacts with mitigation. Therefore, with implementation of mitigation measures, Alt 5, in conjunction with related projects, would not have a cumulatively considerable impact related to hydrology and water quality.

Noise: Alt 5, in conjunction with past, present, existing, approved, pending, and reasonably foreseeable future projects in the City, would not result in a significant cumulative impact related to noise.

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Mitigation Measures: Mitigation Measure NOI-1: Project-Specific Acoustical Study, Mitigation Measure NOI-2: Project Fixed-Source Noise, and Mitigation Measure NOI-3:

Construction Activity will be implemented as provided in the MMRP.

Findings Regarding Cumulative Noise Impact: The geographic scope of the cumulative noise analysis is the immediate project vicinity. Construction activities associated with Alt 5 would increase noise levels. However, construction noise and vibration would be temporary and limited to the restrictions set by the Areas 3 and 4 Specific Plan RDEIR, as required by Mitigation Measure NOI-3. Operation of Alt 5 would also be required to implement Mitigation Measure NOI-1, which includes compliance with City requirements to reduce interior noise levels within the buildings. Additionally, Alt 5 would implement Mitigation Measure NOI-2 which requires compliance with requirements in Section 17.24.100, Paragraph A.2.a in the City of Newark Municipal Code and preparation of a noise analysis and incorporation of design measures as needed, such as shielding, barriers, and/or attenuators to reduce noise levels that may affect nearby properties.

Cumulative impacts from construction generated noise could result if other future planned construction activities take place near the project site and/or along the off-site improvements and cumulatively combine with construction noise from the project. The nearest related project to the project site is the Area 4 – Sanctuary West Project which is located approximately 0.4 mile east of the project site. Similar to Alt 5, the Area 4 – Sanctuary West Project would be required to implement mitigation measures and comply with the City’s construction noise requirements to limit construction-related noise impacts such as restricting construction hours and implementing measures such as shielding to reduce noise from construction equipment and activities. Additionally, the Area 4 – Sanctuary West Project would conduct a project-specific acoustical analysis and incorporate operational noise reduction measures to ensure that development does not result in operational noise impacts or contribute to a cumulative noise impact in the vicinity of the project, similar to Alt 5. The Area 4 – Sanctuary West Project’s environmental analysis identified that there would be no significant environmental effects related to noise from development of the Area 4 – Sanctuary West Project and that impacts would be less than significant with incorporation of mitigation measures. All other related projects considered in the cumulative analysis are located more than one mile away from the project site and given the distance between the other related projects and the project site, short-term construction noise and vibration generated by Alt 5 would not combine with any other related construction project.

Furthermore, the construction and operation of the related projects would be required to comply with the same City noise requirements and implement mitigation to reduce noise level and vibration. Therefore, with implementation of mitigation measures, Alt 5, in conjunction with related project, would not have a cumulatively considerable impact on noise.

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Tribal Cultural Resources: Alt 5, in conjunction with past, present, existing, approved, pending, and reasonably foreseeable future projects in the City, would not result in a significant cumulative impact related to tribal cultural resources.

Findings Regarding Cumulative Tribal Cultural Resources Impact: The geographic scope of the cumulative tribal cultural resources analysis is the project site. According to CEQA, the importance of tribal cultural resources is the value of the resource to California Native American tribes culturally affiliated with the project area. Therefore, the issue that must be explored in a cumulative analysis is the loss of tribal cultural resources. For tribal cultural resources that are avoided or preserved through dedication within open space, no impacts would occur. However, if avoidance or dedication of open space to preserve tribal cultural resources is infeasible, those impacts must be considered in combination with tribal cultural resources that would be impacted for other projects included in the cumulative project list.

Related projects located in the region would have the potential to result in a cumulative impact associated with the loss of tribal resources through development activities that could cause a substantial adverse change in the significance of a tribal cultural resource. Any related projects that involve ground disturbing activities would have the potential to result in significant impacts to tribal cultural resources. All projects would be regulated by applicable federal, state, and local regulations to avoid the destruction of tribal cultural resources. No tribal cultural resources have been identified within the project site during the cultural evaluation. In the event that tribal cultural resources are inadvertently discovered during construction, Mitigation Measures CUL-1 and CUL-2 would be implemented to reduce potentially significant impacts to a less than significant level. As such, impacts to tribal cultural resources would be unlikely to occur with implementation of the project. Related projects would be required to identify and implement similar mitigation measures to protect undiscovered tribal cultural resources during construction. Therefore, with implementation of mitigation measures, Alt 5, in conjunction with related projects, would not have a cumulatively considerable impact on tribal cultural resources.

C. Findings Regarding Significant and Unavoidable Impacts The following potential environmental impacts of Alt 5 were determined to be significant and unavoidable even with implementation of mitigation measures to reduce their severity. The City Council concurs with the conclusions in the EIR, and makes the following findings with respect to such significant and unavoidable impacts.

1. Transportation
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Impact TRANS-2: Alt 5 would conflict or be inconsistent with CEQA Guidelines Section 15064.3, Subdivision(b).

Mitigation Measures: Mitigation Measure TRANS-1: Implementation of a Transportation Demand Management Plan will be implemented as provided in the MMRP.

Findings Regarding Impact TRANS-2: Based on the DEIR and the entire record before the City, the Council finds that Mitigation Measure TRANS-1 would not substantially lessen the severity of Impact TRANS-2 for Alt 5, such that this potential impact would be significant and unavoidable.

As outlined in the DEIR, the analysis included an estimate of VMT per resident generated by the proposed project which identified that the proposed project would have an average a VMT per resident of 27.9, which is above the threshold of significance of 19.4. Based on the revised analysis provided by Fehr & Peers, Alt 5 would result in an average VMT per resident of 27.4, which is above the threshold of significance of 19.4. Therefore, Alt 5 would cause a significant impact on VMT because it would exceed existing citywide household VMT per capita minus 15 percent. Mitigation Measure TRANS-1 would be implemented to reduce project-generated VMT which requires the implementation of a Transportation Demand Management (TDM) Plan that would include measures that discourage the use of single-occupant automobiles and encourage the use of other travel modes. TDM Plan describe implementation of strategies to provide incentives that encourage walking, biking, and transit and reduce private automobile trips and parking demand. TDM strategies include, but are not limited to, offering to provide free parking spaces for car share vehicles and offering carpool matching to project residents. However, it is estimated that a TDM Plan would reduce the project-generated VMT by less than one percent which would not be adequate to reduce the project-generated VMT to below the threshold of significance. No other feasible mitigation measures have been identified that would avoid or substantially lessen this impact to a less than significant level. Therefore, even with implementation of mitigation measures and the policies and strategies described in the EIR, Alt 5 would have a significant and unavoidable impact related to VMT. The City Council adopts the Statement of Overriding Considerations set forth in Exhibit 2 finding that this significant unmitigated impact is outweighed by Alt 5’s overriding benefits.

2. Cumulative Impacts
Transportation: Alt 5, in combination with past, present, existing, approved, pending, and reasonably foreseeable future projects, would result in a significant cumulative impact related to transportation.

Mitigation Measures: Mitigation Measure TRANS-1: Implementation of a Transportation Demand Management Plan will be implemented as provided in the MMRP.

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Findings Regarding Cumulative Transportation Impact: Based on the DEIR and the entire record before the City, the Council finds that Mitigation Measure TRANS-1 would not substantially lessen the severity of cumulative transportation impacts for Alt 5.

According to OPR’s Technical Advisory for Evaluating Transportation Impacts in CEQA, a project’s cumulative impacts are based on an assessment of whether the “incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. The related projects considered in the cumulative analysis would not have a bearing on the VMT analysis since the cumulative condition VMT data would come from the regional traffic model’s 2040 horizon. A project that falls below an efficiency-based threshold that is aligned with long-term environmental goals and relevant plants would have no cumulative impact distinct from the project impact.

Alt 5 would not conflict with the City’s General Plan Circulation Element, any program, plan, ordinance or policy addressing the circulation system. However, Alt 5 would exceed the Countywide VMT threshold and result in a significant and unavoidable impact. Mitigation Measure TRANS-1, which requires the preparation and implementation of a TDM Plan, was identified to reduce VMT impacts. However, even with the implementation of Mitigation Measure TRANS-1, implementation of the TDM Plan would reduce project-generated VMT by less than one percent which would not be adequate to reduce the project-generated VMT to below the threshold of significance. No other feasible mitigation measures have been identified that would avoid or substantially lessen this impact to a less than significant level.

Therefore, even with implementation of mitigation measures and the policies and strategies described in the EIR, Alt 5 would have a cumulatively considerable impact with respect to VMT and result in a significant and unavoidable cumulative impact related to transportation.

The City Council adopts the Statement of Overriding Considerations set forth in Exhibit 2 finding that this significant unmitigated impact is outweighed by Alt 5’s overriding benefits.

Resolution No. ______ 69 of 72
EXHIBIT 2

STATEMENT OF OVERRIDING CONSIDERATIONS
The City Council adopts and makes this statement of overriding considerations concerning the Alt 5’s significant impact on VMT to explain why Alt 5’s benefits override and outweigh its unavoidable impact. Having (i) adopted all feasible mitigation measures, (ii) rejected as infeasible other alternatives as discussed above, (iii) identified and considered the significant, unavoidable impact on VMT, and (iv) balanced the benefits of Alt 5 against Alt 5’s significant and unavoidable impact, the City Council find that the benefits outweigh and override the significant unavoidable impacts for the reasons stated below. Pursuant to Public Resources Code Section 21081 and CEQA Guidelines sections 15091 et. seq. and after review of the entire administrative record, including the Draft and Final EIR, the staff reports, and the oral and written testimony, and the evidence provided in the record as a whole, the City Council finds that Alt 5’s significant unmitigated impact on VMT is outweighed by Alt 5’s overriding benefits. The below stated reasons summarize the benefits, goals, and objectives of the Project and provide the rationale for the benefits of Alt 5. Each benefit set forth below constitutes an overriding consideration warranting approval of Alt 5, independent of the other benefits, despite the unavoidable impact on VMT.

Environmental Benefits
Remediation of Hazardous Materials. The Mowry Village Project site is currently occupied by a legally non-conforming auto dismantling facility and has been used for those operations since 1966. Environmental investigations have identified the presence of contaminated soil and groundwater. As part of Alt 5, all known hazardous materials will be remediated in accordance with applicable regulatory requirements and oversight. This remediation will remove existing environmental hazards and facilitate safe residential reuse of the site, thereby improving public health and environmental quality.

Preservation of Sensitive Environmental Resources. Alt 5 advances long-term environmental preservation by reallocating residential units from wetland-constrained portions of Subareas B and C to a previously developed and disturbed portion of Subarea D. This approach avoids direct impacts to sensitive biological and aquatic resources and supports the City’s broader environmental stewardship goals.

Sustainable Site Design and Stormwater Management. Alt 5 incorporates sustainable site design elements, including landscaped parkways, tree-lined streets, and approximately 4.89 acres of open space that enhance stormwater infiltration and reduce urban runoff. Alt 5 integrates low- Resolution No. ______ 70 of 72
impact development (LID) techniques and bioretention features to meet regional water quality standards under Provision C.3 of the Municipal Regional Stormwater NPDES Permit.

Economic Benefits
Revitalization of Underutilized Land. Alt 5 transforms a long-standing legally non-conforming industrial use (an auto dismantling facility) into a high-quality residential neighborhood, significantly improving land use efficiency and contributing to the economic revitalization of the surrounding area.

Fiscal Revenue Generation. Alt 5 is expected to generate substantial one-time revenues through development impact fees, permit fees, and construction-related taxes. In addition, ongoing revenues will be generated through property taxes, public service taxes, and related assessments that contribute to the City of Newark’s general fund and support public services such as parks, police, and fire protection.

Support for Local Services and Commerce. With the addition of 227 new homes (including affordable units), Alt 5 will increase the City’s residential population, thereby supporting local schools, retail centers, and service providers in Newark.

Job Creation and Employment-Based Expansion. Alt 5 will generate short-term construction employment opportunities across multiple trades and disciplines, and contribute to the regional economy through construction-related spending on materials, labor, and services. Additionally, the growth in population and residential investment will support local and regional sustainability goals by expanding the employment base for neighborhood-serving businesses, schools, and public services.

Social Benefits
Multimodal Connectivity and Walkable Neighborhood Design. Alt 5 promotes walkability and multimodal access by incorporating an internal network of sidewalks and tree-lined private streets that via Mowry Avenue connect residents to nearby parks, schools, and commercial services. The site design emphasizes pedestrian-scale features and safe, comfortable routes for walking and biking.

Access to Community Amenities. Alt 5 includes approximately 4.89 acres of open space, including one neighborhood park, landscaped sidewalks, and a private park that supports community interaction, outdoor recreation, and social well-being. These spaces are integrated throughout the neighborhood and are accessible to all residents, including those in the affordable multifamily building.

Integrated Affordable Housing. The inclusion of 30 deed-restricted affordable units and one manager’s unit within the project site advances social equity and promotes economic integration Resolution No. ______ 71 of 72
within the community. Affordable units are located adjacent to market-rate homes and will have access to the same community amenities, supporting a mixed-income neighborhood fabric.

Health and Sustainability. Alt 5 incorporates Bay-Friendly landscaping practices, droughttolerant plantings, and low-water irrigation systems that support a healthy environment and reduce water use. Stormwater management features, including bioretention areas and landscaped parkways, enhance environmental quality and provide additional green space benefits for residents.

Conclusion
After carefully balancing the specific economic, environmental, social, planning, and other benefits of Alt 5, the City Council has determined that the project’s single significant and unavoidable environmental impact related to vehicle miles traveled (VMT) may be considered acceptable in light of the substantial benefits identified herein. These benefits include the removal of a non-conforming industrial use, the creation of new market-rate and affordable housing, environmental remediation, infrastructure improvements, and the preservation of environmentally constrained lands elsewhere within the Areas 3 and 4 Specific Plan.

Recognizing that this significant and unavoidable impact will result from the implementation of the project, the City Council adopts this Statement of Overriding Considerations pursuant to CEQA Guidelines Section 15093. Having adopted all feasible mitigation measures and considered the EIR and administrative record, the City finds that each individual benefit of Alt 5 constitutes an overriding consideration, independent of other benefits, sufficient to warrant approval of the project. Accordingly, the City finds that the collective and individual benefits of Alt 5 outweigh and override the unavoidable adverse environmental effects and justify approval of Alt 5.

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EXHIBIT 3

MITIGATION MONITORING AND REPORTING PROGRAM
See attached
Mowry Village Project
Mitigation Monitoring and Reporting Program
October 3, 2025
Prepared for:

City of Newark
Community Development Department
37101 Newark Boulevard
Newark, California 94560
Prepared by:

Stantec Consulting Services Inc.
2999 Oak Road, Suite 800
Walnut Creek, CA 94597
Mowry Village Project
Mitigation Monitoring and Reporting Program
i

ACRONYMS AND ABBREVIATIONS
ACWD Alameda County Water District
Applicant Mowry Project Owner, LLC
BAAQMD Bay Area Air Quality Management District
BMPs Best Management Practices
CDFW California Department of Fish and Wildlife
CEQA California Environmental Quality Act
City City of Newark
EIR Environmental Impact Report
MMRP Mitigation Monitoring and Reporting Program
NAHC Native American Heritage Commission
PRC Public Resources Code
SWPPP Stormwater Pollution Prevention Plan
TDM Transportation Demand Management
VMT vehicle miles traveled
Mowry Village Project
Mitigation Monitoring and Reporting Program
1-1

1.0 MITIGATION MONITORING AND REPORTING PROGRAM
The purpose of the Mitigation Monitoring and Reporting Program (MMRP) is to provide the City of Newark (City) and Mowry Project Owner, LLC (Applicant) with a comprehensive list of the mitigation measures identified in the Environmental Impact Report (EIR) for the Mowry Village Project.

1.1 INTRODUCTION
The City is acting as the Lead Agency, as defined by the California Environmental Quality Act (CEQA). In accordance with Public Resources Code (PRC) section 21081.6, a Lead Agency that approves or carries out a project with potentially significant environmental effects shall adopt a “reporting or monitoring program for the changes to the project which it has adopted or made a condition of a project approval to mitigate or avoid significant effects on the environment.” The CEQA Guidelines provide direction for clarifying and managing the complex relationships between a Lead Agency and other agencies with respect to implementing and monitoring mitigation measures. In accordance with CEQA Guidelines section 15097(d), “each agency has the discretion to choose its own approach to monitoring or reporting; and each agency has its own special expertise.” This discretion will be exercised by implementing agencies at the time they consider any of the activities identified in the environmental document.

This MMRP is a working guide to facilitate both the implementation of the mitigation measures and the monitoring, compliance, and reporting activities by the City and any monitors it may designate. If the City adopts the EIR for the project, it will adopt the MMRP.

1.2 OVERVIEW OF THE MITIGATION MONITORING AND REPORTING

PROGRAM
The MMRP is presented in the following table and includes the following components:
• The list of mitigation measures contained in the EIR, as adopted by the City; • The party responsible for implementing the mitigation measure; • The timing for implementation of the mitigation measure; • The agency responsible for monitoring implementation of the mitigation measure; and • The monitoring action and frequency.

The City and its contractors will be required to comply with this MMRP in all respects. In any instance where non-compliance occurs, the City-designated environmental monitors (the “monitoring party” listed in the MMRP) will issue a warning to the construction supervisor and notify the City’s Director of Community Development. Any decisions to halt work due to non-compliance will be made by the City.

The City’s designated environmental monitors will keep records of any incidents of non-compliance with mitigation measures. The MMRP will be maintained in the City’s files for use in construction and operation of the project.

Mowry Village Project
Mitigation Monitoring and Reporting Program
1-2
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MOWRY VILLAGE PROJECT
Mitigation Monitoring and Reporting Program
1-3
Mitigation Measures Implementation Party Timing of
Implementation Monitoring Party and Monitoring Action Monitoring Frequency Verification of Implementation
Action Date completed with
Signature
Section 3.3 - Air Quality
MM AIR-1: Implement Construction Best Management
Practices (BMPs). The Applicant shall require all
construction contractors to implement the basic construction mitigation measures recommended by the Bay Area Air
Quality Management District (BAAQMD) to reduce fugitive dust emissions. Emission reduction measures will include, at a minimum, the following measures. Additional measures
may be identified by the BAAQMD or contractor as
appropriate:
• All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) will be watered two times per day.
• All haul trucks transporting soil, sand, or other loose material off-site will be covered.
• All visible mud or dirt track-out onto adjacent public roads will 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 will be completed as soon as possible. Building pads will 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 by 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; clear
signage shall be provided for construction workers at all access points.
• All construction equipment shall be maintained and
properly tuned in accordance with manufacturer’s
specifications.
• All equipment shall be checked by a certified visible emissions evaluator or checked by a certified mechanic
and determined to be running in proper condition prior to operation.
• Post a publicly visible sign with the telephone number and person to contact at the City regarding dust
complaints. This person will respond and take corrective action within 48 hours. BAAQMD’s phone number will
also be visible to ensure compliance with applicable
regulations.
• Applicant
• Construction
Contractor
Prior to issuance of
grading permit and
during construction.

Monitoring Party:
• City of Newark Community
Development Department
Monitoring Action:
• Confirm BMPs are included in project
specifications and grading plan.
• Confirm BMPs are implemented
throughout the construction phase.

Prior to issuance of grading
permit and throughout the
construction phase as
needed.

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MM AIR-2: Tier 4 Certified Construction Equipment. The
Applicant or designated contractor shall specify, and the City shall verify that all grading, building, and other construction permits for the project, include the following requirement: All diesel-powered off-road equipment used for project
remediation and construction activities shall be U.S. EPA Tier 4 certified, or have California Air Resources Board approved engine retrofit kits certified to have emissions equivalent to Tier 4 standards.
• Applicant
• Construction
Contractor
Prior to issuance of
grading permit and
during construction.

Monitoring Party:
• City of Newark Community
Development Department
Monitoring Action:
• Confirm the use of Tier 4 equipment or
that all diesel-powered off-road
equipment have California Air
Resources Board approved engine
retrofit kits certified to have emissions
equivalent to Tier 4 standards.

Review once prior to
issuance of grading permit,
and throughout the
construction phase as
needed.

Also refer to Mitigation Measure HAZ-1 listed below in Section 3.9 - Hazards and Hazardous Materials.

Section 3.4 Biological Resources
MM BIO-1: Standard Construction BMPs. The Applicant
shall require implementation of standard construction BMPs outlined, but not limited to, throughout construction.
• The project limit shall be delineated and/or fenced prior to the start of construction.
• Appropriate erosion control measures shall be used
(e.g., hay bales, filter fences, vegetative buffer strips or other accepted equivalents) to reduce siltation and
contaminated runoff from leaving the project site. The
integrity and effectiveness of the BMPs shall be
inspected daily by the resident engineer. Corrective
actions and repairs shall be carried out immediately.
• Construction by-products and pollutants such as
petroleum products, chemicals, or other deleterious
materials shall not be allowed into off-site wetlands or marsh habitats.
o A plan for the emergency clean-up of any spills of
fuel or other materials shall be available when
construction equipment is in use.
• Construction vehicles and equipment shall be
maintained to prevent contamination of soil or water from external grease and oil or from leaking hydraulic fluid, fuel, oil, and grease.
• Leaking vehicles and equipment shall be removed from
the site.
• Building materials storage areas containing hazardous or potentially toxic materials such as herbicides and
petroleum products shall have an impermeable
membrane between the ground and the hazardous
material and shall be bermed to prevent the discharge of pollutants to ground water and runoff water.
• Equipment shall be re-fueled and serviced at designated construction staging areas, a minimum of 100 feet from
any aquatic resource.
• All construction material and fill shall be stored and contained in a designated area that is located away from • Applicant
• Construction
Contractor
Prior to issuance of
grading permit and
during construction.

Prior to issuance of grading
permit and throughout the
construction phase as
needed.

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aquatic habitats to prevent transport of materials into adjacent water bodies.
o The preferred distance is 100 feet from any wetlands
or marsh habitats.
o A silt fence shall be installed to collect any
discharge, and adequate materials shall be available
for spill clean-up and during storm events.
• No litter, debris, or side cast shall be dumped or
permitted to enter wetlands or marsh habitats.
• During project activities, all trash that may attract predators shall be properly contained, removed from the work site, and disposed of regularly. Following
construction, all trash and construction debris shall be removed from work areas.

MM BIO-2: Environmental Awareness. Prior to initial
ground disturbance, all project personnel shall attend an environmental awareness and compliance training. The
training program shall present applicable environmental regulations and permit conditions. The training program shall include applicable measures established for the project to minimize impacts to avoid sensitive resources, habitats, and species. Subsequent training events shall be scheduled to support the training of new personnel. Dated sign-in sheets for attendees at these meetings shall be maintained and submitted to the City prior to the issuance of grading permit. • Applicant
• Construction
Contractor
Prior to any ground
disturbance activities
and throughout the
construction phase as
needed.

Monitoring Party:
• City of Newark Community
Development Department
Monitoring Action:
• Confirm sign-in sheets from training
have been submitted to the City.
• Confirm all project personnel have
attended an environmental awareness
and compliance training.

Throughout the
construction phase as
needed.

MM BIO-3: Pre-Construction Nesting Bird Survey. If
project activities such as vegetation removal activities commence during the avian breeding season (February 1
through August 31), a qualified biologist shall conduct a preconstruction nesting bird survey no more than 14 days prior to initiation of project activities and again within 48 hours prior to initiation of project activities. The survey area should include suitable raptor nesting habitat within 500 feet of the project boundary (inaccessible areas outside of the project parcels can be surveyed from the parcel or from public roads using binoculars or spotting scopes). Pre-construction
surveys are not required in areas where project activities have been continuous since prior to February 1, as
determined by a qualified biologist. Areas that have been inactive for more than 14 days during the avian breeding season must be re-surveyed prior to resumption of project activities. If no active nests are identified, no further mitigation is required. If active nests are identified, the following measure shall be implemented:
• A suitable buffer (e.g., 300 to 500 feet for northern harrier and white-tailed kite; 200 to 300 feet for common raptors; 50 to 100 feet for non-raptors) shall be
established by a qualified biologist around active nests and no construction activities within the buffer shall be • Applicant
• Qualified Biologist
Prior to the start of any
construction activities
(including remediation
activities).

Monitoring Party:
• City of Newark Community
Development Department
Monitoring Action:
• Confirm a qualified biologist has
conducted a pre-construction survey
no more than 14 days prior to initiation
of project activities.
• Confirm a qualified biologist has
conducted a second survey within 48
hours prior to initiation of project
activities.
• Confirm the results of the survey and if
active nests were identified, confirm
protection measures have been
implemented.

Prior to the start of any
construction activities
(including remediation
activities) and throughout
the construction phase as
needed.

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allowed until a qualified biologist has determined that the nest is no longer active (i.e., the nestlings have fledged and are no longer reliant on the nest, or the nest has
failed). Encroachment into the buffer may occur at the
discretion of a qualified biologist. Any encroachment into the buffer shall be monitored by a qualified biologist to determine whether nesting birds are being impacted.

MM BIO-4: Burrowing Owl Pre-Construction Surveys.

Pre-construction surveys for burrowing owls shall be
completed no more than 15 days prior to the start of
construction in areas planned for fill placement and
construction areas in general conformance with the
California Burrowing Owl Consortium’s and the California Department of Fish and Wildlife (CDFW) Staff Report (2012) protocols. Because owls are known to occur in the vicinity of the project site, these surveys shall be completed no more than 15 days prior (rather than 30 days prior, as per the Consortium’s protocol) to the start of importing fill and construction to minimize the probability of immigration of owls between the time surveys are completed and the
initiation of grading. If the initial disturbance is followed by periods of inactivity exceeding 15 days, or if the development is phased spatially and/or temporally such that an area in which construction activities are to commence has not been disturbed by construction activities within the prior 15-day period, a new burrowing owl pre-construction survey shall be completed prior to the start of disturbance. If burrowing owls are detected on or within 250 feet of the site, the mitigation measures below shall be implemented.
• If burrowing owl is located during the non-breeding
season (generally 1 September to 31 January), a 150-
foot buffer zone shall be maintained around the occupied burrow(s) if practicable. If such a buffer is not
practicable, then a buffer adequate to avoid injury or
mortality of owls shall be maintained, or the birds shall be evicted as described below. During the breeding
season (generally 1 February to 31 August), a 250-foot
buffer, within which no new activity shall be permissible, shall be maintained between project activities and
occupied burrows. Owls on site after 1 February shall be assumed to be nesting unless direct observations
indicate otherwise. This protected buffer area shall
remain in effect until 31 August, or based upon
monitoring evidence, until the young owls are foraging
independently, or the nest is no longer active. Owls that are not nesting can be evicted using the methods below
during the period from 1 February to 31 August.
• If construction would directly impact occupied burrows, eviction of owls may occur outside the nesting season
(or during the nesting season if the owls are determined • Applicant
• Qualified Biologist
Prior to the start of any
construction activities
(including remediation
activities).

Monitoring Party:
• City of Newark Community
Development Department
Monitoring Action:
• Confirm a qualified biologist has
conducted a pre-construction survey
no more than 15 days prior to initiation
of project activities.
• Confirm the results of the survey and if
active nests or burrowing owls were
identified, confirm protection
measures have been implemented.

Prior to the start of any
construction activities
(including remediation
activities) and throughout
the construction phase as
needed.

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to be not nesting) to prevent injury or mortality of
individual owls. No burrowing owls shall be evicted from burrows during the nesting season (1 February through
31 August) unless evidence indicates that nesting is not actively occurring (e.g., because the owls have not yet begun nesting early in the season, or because young
have already fledged late in the season). Relocation of owls during the nonbreeding season shall be completed
by a qualified biologist using one-way doors, which shall be installed in all burrows within the impact area and left in place for at least two nights. These one-way doors
shall then be removed, and the burrows backfilled
immediately prior to the initiation of grading.
• If resident burrowing owl(s) are found in the project site during pre-construction surveys and eviction is
necessary to facilitate construction, Mitigation Measure BIO-5 shall be implemented. These measures do not
apply to short-term use of the site by a burrowing owl for foraging, as a stop-over during migration, or temporary use of the site by wintering birds or dispersing juveniles.

MM BIO-5: Burrowing Owl Mitigation. To reduce impacts
of the project on the local (South Bay) burrowing owl
population, habitat shall be preserved and managed for
burrowing owls off-site if eviction of resident owls is required.

California burrowing owl mitigation guidelines recommend that 6.5 acres of foraging habitat be preserved and managed per occupied burrowing owl burrow (whether by a pair or singly) in mitigation sites. Therefore, mitigation shall be required for each pair or single resident burrowing owl that is evicted, up to a maximum of 13 acres. Mitigation may take the form of off-site habitat preservation and management (in which case all the monitoring and habitat requirements in the following paragraphs would apply) or the purchase of credits in an off-site mitigation bank. The availability at mitigation banks is ever changing; therefore, the mitigation shall provide flexibility of the location of the mitigation bank utilized to fulfill this mitigation. Local mitigation shall be preferred and if local mitigation is available, the project shall mitigate locally. However, if compensatory mitigation is not available within the County, the mitigation may be fulfilled outside of the County.

If off-site habitat is to be preserved, a mitigation and monitoring plan shall be prepared by a qualified biologist and submitted to the City and the CDFW for review and approval.

This plan shall detail the following:
• Areas to be preserved for owls.
• Methods for managing habitat for owls and their prey. • Plans to enhance burrow availability within the mitigation site (potentially including the provision of artificial • Applicant
• Qualified Biologist
Prior to issuance of
grading permit.

Monitoring Party:
• City of Newark Community
Development Department
• CDFW
Monitoring Action:
• Confirm purchase of credits in an offsite mitigation bank. • If mitigation takes the form of off-site
habitat preservation and management,
confirm a mitigation and monitoring
plan has been submitted to the City
and CDFW for review and approval.

Once prior to the issuance
of any grading permits.

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burrows, although long-term management for ground
squirrels would be important as well).
• A monitoring program and adaptive management
program.

At least 50 percent of the mitigation area must consist of upland habitat suitable for use by burrowing mammals, and no wetlands supporting tall vegetation shall be included within the mitigation site. The mitigation area must be contiguous with habitat that is permanently preserved as open space to avoid having the site surrounded by
development in the future. The mitigation area shall be protected in perpetuity through a conservation easement, deed restriction, conveyance to a qualified land trust or the Don Edwards San Francisco Bay National Wildlife Refuge, or through equivalent means.

Assuming burrowing owl habitat mitigation would occur offsite, some on-site enhancements shall also be made to reduce impacts of the project on the local (South Bay)
burrowing owl population. Such enhancements shall include the provision of two artificial burrow complexes on the sides of the adjacent levees (if allowed by levee managers) and management of at least portions of levee side slopes around these burrow complexes to provide suitable conditions for burrowing owls and ground squirrels (e.g., periodic mowing to maintain short vegetation). Given the extent of natural habitat with short vegetation, and the continued presence of seasonal wetlands near the project site, providing and
maintaining burrows for use by owls is expected to maintain some burrowing owl presence near the project site even if most or all the owl habitat mitigation occurs off-site.

Signage shall be placed in appropriate locations to prohibit individuals from entering areas where the artificial burrow complexes would be located. Signage shall be placed along the levee slopes to instruct recreational users of these levees against leaving the levee tops to protect sensitive species such as the burrowing owl.

MM BIO-6: Special Status Bat Species. A survey for
roosting bats shall be completed prior to the removal of any building or tree with potential for day-roosting by bats, or prior to the initiation of any construction activities within 250 feet of such potential roost sites. The survey shall be completed by a qualified biologist. If suitable roost sites are found but a visual survey is not adequate to determine
presence or absence of bats (which would be particularly likely in the case of potential roost trees), acoustical equipment could be used to determine occupancy. This
survey shall be completed prior to the beginning of the breeding season (i.e., prior to 1 March) in the year in which construction or demolition in each area is scheduled to occur • Applicant
• Qualified Biologist
Prior to the beginning of
the breeding season
(i.e., prior to 1 March) in
the year in which
construction or
demolition in each area
is scheduled to occur; 15
days prior to start of
construction activities
(including remediation
activities) and
throughout as needed.

Monitoring Party:
• City of Newark Community
Development Department
Monitoring Action:
• Confirm a qualified biologist has
conducted a survey prior to the start of
breeding season.
• Confirm a second pre-construction
survey has been conducted by a
qualified biologist within 15 days prior
to the commencement of construction
activities.

Prior to start of construction
activities (including
remediation activities) and
throughout the construction
phase as needed.

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so that adequate measures can be implemented, if
necessary, to evict the bats during the non-breeding season.

The survey results shall be provided to the Community
Development Director for review and approval prior to the start any construction related activities. If special-status bat species are documented to be roosting on-site, the bat
survey results shall be reviewed by CDFW staff and any
proposed mitigation shall be reviewed and approved by
CDFW.
• Because the initial surveys would be completed prior to the breeding season, several months may pass between
that survey and the initiation of construction or demolition in each area. Therefore, a second pre-demolition/preconstruction survey for roosting bats, following the methods described above, shall be completed within 15
days prior to the commencement of these activities in
each area to determine whether bats have occupied a
roost in or near the development impact areas. This
survey shall be facilitated considerably by information (e.g., on potential roost trees) gathered during the
previous survey. If bats are found to be roosting,
additional mitigation as follows must be implemented.
• If a maternity roost of any special-status bat species is found, the bat biologist shall determine the extent of a construction-free buffer around the active roost that
would be maintained. This buffer would be maintained
from 1 March until the young are flying, typically after 31 August. If a roost of any kind is found in an area (e.g., a building or tree) that would not be disturbed by
construction, or that can be avoided, the roost structure shall not be impacted.
• If a day roost is found in a building, or in a tree that is to be completely removed or replaced, individual bats shall be safely evicted under the direction of a qualified
biologist. Any potential evictions of bats shall be
reviewed and approved by CDFW. Eviction of bats shall
occur at dusk, so that bats would have less potential for predation compared to daytime roost abandonment.

Eviction shall occur between 1 September and 31
March, outside the maternity season, but shall not occur during long periods of inclement or cold weather (as
determined by the bat biologist) when prey is not
available, or bats are in torpor. If a day roost is found within a building, eviction shall occur by opening the
roosting area to allow air flow through the cavity.

Demolition may then follow no sooner than the following day (i.e., there must be no less than one night between initial disturbance for air flow and the demolition). This action shall allow bats to leave during dark hours, thus increasing their chance of finding new roosts with a
• Confirm the results of the survey are
submitted to the City for review and
approval.
• If the results of the survey indicate
presence of bat species on-site,
confirm mitigation has been
implemented.

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minimum of potential predation during daylight. If
feasible, one-way doors shall also be used to evict bats from tree roosts. If use of a one-way door is not feasible, or the exact location of the roost entrance in a tree is not known, the trees with roosts that need to be removed
shall first be disturbed by removal of some of the trees’ limbs not containing the bats. Such disturbance shall
occur at dusk to allow bats to escape during the dark
hours. These trees would then be removed the following
day. These activities shall be performed under the
supervision of the qualified biologist.
• If a day roost for pallid bats or another rare bat would be impacted, an alternative bat roost structure shall be
provided. The design and placement of this structure
would be determined by a qualified biologist based on
the location of the original roost and which species is located. This bat structure shall be erected at least one month (and preferably a year or more) prior to removal of the original roost structure. This structure shall be
checked during the breeding season for up the three
years following completion of the development, or until it is found to be occupied by bats, to provide information for future development projects regarding the
effectiveness of such structures in minimizing impacts to bats.

MM BIO-7: Reduce the Spread of Invasive Species. Prior
to issuance of any building or grading permits, the project shall develop and implement an Invasive Species
Management Plan to reduce the presence and spread of
non-native, invasive plant species for the area to be
developed. The Plan shall be developed prior to importing any fill material required to elevate building sites and prior to grading any areas on the Specific Plan site. The overarching goal of this mitigation is to halt the further expansion of existing invasive species and introduction of new invasive species into sensitive habitats on site. The Invasive Species Management Plan shall include, but not be limited to, the following, summarized below:
• Prior to construction, map populations of invasive
species within all areas proposed to be graded; quantify the extent and location of invasive populations in
sensitive habitats.
• Areas identified to have weed infestations shall be
treated prior to ground disturbance according to weed
control methods detailed below and BMPs within all
upland areas to be graded, after review and approval of methodologies by the City of Newark.
• Weed control treatments shall include all legally
permitted herbicide, manual, and mechanical methods
• Applicant
• Qualified Biologist
Prior to the issuance of
grading permits.

Monitoring Party:
• City of Newark Community
Development Department
Monitoring Action:
• Confirm an Invasive Species
Management Plan has been prepared
and submitted to the City for review
and approval.

Once prior to the issuance
of any grading permit, and
throughout the construction
phase as needed.

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approved for application. The timing of the weed control treatment shall be determined for each plant species
with the goal of controlling populations before they start producing seeds and/or encroach into adjacent areas
from rhizomatous shoots. Consultation with a City of
Newark approved wildlife biologist or plant ecologist shall be required prior to weed control treatments in sensitive habitats with the intent of avoiding any adverse impacts to special-status species in the area. Additionally,
consultation with United States Fish and Wildlife Service and CDFW would be required for evaluation and
approval of any weed control treatment proposed in
sensitive habitats that may support special-status
species.
• Surveying and monitoring for weed infestations shall
occur annually while grading operations are occurring.

Treatment of all identified weed populations shall occur at a minimum of once annually.
• During project construction, all seeds and straw
materials used on site shall be weed free rice straw, and all gravel and fill material shall be certified weed free. • During project construction, vehicles and all equipment shall be washed before and after entering the project
area.

MM BIO-8: Post-Construction Predator Management
Plan and Program. This program shall focus on education of occupants of the new residential areas regarding
measures to minimize the potential for subsidizing predator species and to minimize the potential effects of pets on sensitive species and enforcement of the program’s
measures, and restrictions on certain activities that could increase predation of sensitive species. A plan shall be developed. The details of the program would be developed during construction but shall include, at a minimum, the following:
• Minimize disturbance from the development by
educating the public about the importance of preserving the ecological integrity of the adjacent natural areas
instructing recreational users to stay on the levee tops out of sensitive habitats and keep dogs on leashes.
• To prevent the spread of invasive non-native plants into the nearby sensitive habitats, plants contained on the
California Exotic Plant Pest Council List of Invasive
Plants shall be barred from use within the landscaping of the Mowry Village development area. A list of plants
suitable for landscape use shall be provided to property buyers.
• Applicant
• Qualified Biologist
Prior to issuance of
occupancy certificate.

Monitoring Party:
• City of Newark Community
Development Department
Monitoring Action:
• Confirm a Predator Management Plan
has been developed and distributed to
any future residents.

Once prior to issuance of
occupancy certificate, and
throughout operation of the
project as needed.

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• Feeding pets outdoors shall be prohibited so that pet food does not attract or subsidize the diets of nuisance species.
• Pets shall be prohibited from ranging freely (off-leash dogs shall be prohibited in off-site wetland areas and no free-roaming outdoor cats shall be permitted), to prevent their entry into sensitive species habitat.
• All food waste shall be contained so that it does not attract or subsidize the diets of predators.

MM BIO-9: Tree Preservation Plan. Prior to the issuance of any construction-phase permit, a construction-phase Tree Preservation Plan shall be prepared by a certified arborist to the satisfaction of the City’s Community Development
Director for all areas with trees. The construction-phase Tree Preservation Plan shall include the following tree protection measures which are based on guidelines established by the International Society of Arboriculture:
• Establish Tree Protection Zones.
• Protect tree root systems.
• Install wood bark mulch.
• Trees removed by the project shall be replaced at a 3:1 ratio unless the City’s Community Development Director
determines that a higher ratio is required.
• Trees greater than 18 inches in diameter at breast height shall not be removed unless a Tree Removal Permit, or
equivalent, has first been approved for the removal of
such trees.
• The species and exact number of trees to be planted on the site during the construction phase shall be
determined in consultation with the City and to the
satisfaction of the Community Development Director.
• In the event the developed portion of the development site does not have sufficient area to accommodate the
required tree mitigation, one or more of the following
measures shall be implemented at the development
permit stage:
• An alternative site(s) shall be identified for additional tree planting. Alternative sites may include local parks or
schools, or installation of trees on adjacent properties for screening purposes, to the satisfaction of the City’s
Community Development Director. The size of a 15-
gallon replacement tree can be increased to 24-inch box and counted as two replacement trees.
• Applicant
• Certified arborist
Prior to issuance of
grading permit.

Monitoring Party:
• City of Newark Community
Development Department
Monitoring Action:
• Confirm a Tree Preservation Plan has
been developed and submitted to the
City for review and approval.
• Confirm tree protection measures
outlined in the Tree Preservation Plan
are implemented.

Throughout the
construction phase as
needed.

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Section 3.5 – Cultural Resources
MM CUL-1: Archaeological Monitoring Program. Prior to
the start of construction activities, the Applicant shall prepare a monitoring program that would be implemented during
demolition and construction activities. The monitoring
program shall include:
• Retention of a Qualified Archaeologist. Qualified
archaeological shall be retained to implement a
monitoring and recovery program during all grounddisturbing activity associated with the project, including grubbing, grading, and excavation activities. The
qualified archaeologist shall meet the Secretary of
Interior’s Professional Standards for prehistoric and
historic archaeology.
• Agreement of Disposition of Recovered Artifacts. A
written agreement shall be secured with a recognized
museum repository regarding the final disposition and
permanent storage and maintenance of any unique
archaeological resources or historical resources
recovered as a result of the archaeological monitoring, as well as corresponding geographic site data that might be recovered as a result of the specified monitoring
program.
• Pre-construction Briefing. Construction personnel shall be briefed by the qualified archaeologist on procedures to be followed in the event that unique archaeological
resources, historical resources, tribal cultural resources, or human remains are encountered during construction.

The qualified archaeologist shall be required to provide a telephone number where they can be reached by the
construction contractor, as necessary.
• Construction Monitoring. An archaeological monitor,
working under the supervision of the qualified
archaeologist shall observe all ground disturbing
activities associated with the project, including grubbing, grading, and excavation activities on- and off-site. The monitor shall be authorized to halt construction in the immediate area where buried cultural resources are
encountered. In the event that any historic or prehistoric subsurface cultural resources are discovered during
ground disturbing activities, all work within 50 feet of the resources shall be halted and the project Applicant shall notify the City and consult with a qualified archaeologist, as applicable, to assess the significance of the find. If any find is determined to be significant, appropriate
avoidance measures recommended by the consultant
and approved by the City must be followed unless
avoidance is determined unnecessary or infeasible by
the City. Feasibility of avoidance shall be determined
• Applicant
• Construction
Contractor
• Qualified
Archaeologist
Prior to issuance of
demolition and grading
permit.

Monitoring Party:
• City of Newark Community
Development Department
Monitoring Action:
• Confirm a qualified archaeologist is
under contract prior to the start of any
ground disturbing activities.
• Confirm a qualified archaeologist
provides worker awareness training
prior to start of any ground disturbing
activities.
• Confirm an archaeological monitor,
working under the supervision of the
qualified archaeologist, is under
contract to observe all ground
disturbing activities associated with
the project.
• Confirm that within 90 days of the
completion of archaeological
monitoring, a monitoring report is
submitted to the City and filed with
Northwest Information Center.

Throughout the
construction phase as
needed.

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with consideration of factors such as the nature of the find, project design, costs, and other considerations. If avoidance is unnecessary or infeasible, other
appropriate measures (e.g., data recovery, excavation)
shall be instituted. Work may proceed on other parts of the project site while measures for the find are
implemented.
• Monitoring Report. A complete set of daily monitoring logs shall be kept on-site throughout the earth moving
activities and be available for inspection. The daily
monitoring log shall be keyed to a location map to
indicate the area monitored, date, assigned personnel,
and results of monitoring, including the recovery of
archaeological material, sketches of recovered materials, and associated geographic site data. Within 90 days of
the completion of archaeological monitoring, a
monitoring report shall be submitted to the City and filed with Northwest Information Center.
• Tribal Cultural Resources. If buried resources
discovered during construction are identified to be tribal cultural resources, a Native American tribal
representative from a tribe that is traditionally and
culturally affiliated to the geographic area where the
project is located will be consulted to determine the
significance of the discovered resource and determine
the appropriate avoidance or preservation measures or
action to take in accordance with PRC Section 21084.3.

MM CUL-2: Human Burials Encountered During
Construction. In the event of accidental discovery or
recognition of human remains during project construction activities, PRC Section 5097.98 shall be followed and the following steps shall be taken:

1. There shall be no further excavation or disturbance of the specific location or any nearby area reasonably
suspected to overlie adjacent human remains until the
County Coroner is contacted to determine if the remains are Native American and if an investigation of the cause of death is required. If the coroner determines the
remains are Native America, the coroner shall contact
the Native American Heritage Commission (NAHC)
within 24 hours, and the NAHC shall identify the person or persons it believes to be the “most likely descendant” of the deceased Native America. The most likely
descendant may make recommendations to the
landowner or the person responsible for the excavation
work, for means of treating or disposing of, with
appropriate dignity, the human remains, and any
associated grave goods as provided in PRC Section
5097.98, or
• Applicant
• Construction
Contractor
• Qualified
Archaeologist
During any ground
disturbing activities.

Monitoring Party:
• City of Newark Community
Development Department
Monitoring Action:
• If cultural resources are discovered
during ground disturbing activities,
confirm activities are halted until
appropriate treatment measures are
implemented.

Throughout the
construction phase as
needed.

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2. Where the following conditions occur, the landowner or his/her authorized representative shall rebury the Native American human remains and associated grave goods
with appropriate dignity either in accordance with the
recommendations of the most likely descendant or on
the project area in a location not subject to further
subsurface disturbance:
• The NAHC is unable to identify a most likely
descendent or the most likely descendent failed to
make a recommendation within 48 hours after being
notified by the commission;
• The descendent identified fails to make a
recommendation; or
• The landowner or his authorized representative
rejects the recommendation of the descendent, and
the mediation of the NAHC fails to provide measures
acceptable to the landowner.

Section 3.7 – Geology and Soils
MM GEO-1: Implement Recommendations included in
the Geotechnical Studies. Prior to issuance of grading
permits, the Applicant shall be required to incorporate all mitigation measures and design recommendations contained within the preliminary and design level geotechnical reports prepared by Berlogar Stevens and Associates in 2019 and 2020 into relevant project plans and specifications. These specifications pertain to but are not limited to expansive soils, building foundations, foundation drainage, and backfill of excavations. The geotechnical reports prepared for the project includes recommendations such as the use of posttension concrete slab-on-grade foundation to support structures placed on expansive soils, excavation of
uncontrolled fill, utility trench excavation and backfill requirements, placement of retaining walls, and
implementation of California Building Code Seismic Design Parameters. The project site plans shall be submitted to the City and reviewed as part of the development review
process.
• Applicant Prior to issuance of
grading permits.

Monitoring Party:
• City of Newark Community
Development Department
Monitoring Action:
• Confirm recommendations included in
the geotechnical studies have been
implemented into the project plans
and specifications.
• Confirm project plans and
specifications have been submitted to
the City for review and approval.

Once during the City’s
review of the project site
plans.

MM GEO-2: Mitigation of Liquefaction-Induced Impacts
on Buildings. Prior to issuance of grading permits, the Applicant shall be required to incorporate all mitigation measures and design recommendations relating to
liquefaction contained within the preliminary and design-level geotechnical reports prepared by Berlogar Stevens and
Associates in 2019 and 2020 into relevant project plans and specifications. Structural mitigation for liquefaction should, at a minimum, include the use of relatively stiff structural concrete slab-on-grade foundations, such as post-tensioned concrete slabs-on-grade, to ensure foundations resist the • Applicant Prior to issuance of
grading permits.

Monitoring Party:
• City of Newark Community
Development Department
Monitoring Action:
• Confirm recommendations related to
liquefaction included in the
geotechnical studies have been
implemented into the project plans
and specifications.

Once during the City’s
review of the project site
plans.

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effects of liquefaction-induced differential settlement.

Strengthening connections within each structure may also be necessary, subject to review by the City. The project site plans, with all geotechnical design measures incorporated, shall be submitted to the City and reviewed as part of the development review process.
• Confirm project plans and
specifications have been submitted to
the City for review and approval.

MM GEO-3: Prepare and Implement Dewatering and
Shoring Plans. A dewatering plan shall be submitted to the City for approval prior to the issuance of a grading permit. At a minimum, the dewatering plan shall detail dewatering
methods, location of dewatering activities, equipment,
groundwater sampling, disposal, and discharge point in
accordance with the applicable waste discharge
requirements of the San Francisco Bay Regional Water
Quality Control Board. If the groundwater to be dewatered is contaminated, the dewatering plan shall provide mitigation and corrective actions with respect to plume migration, treatment, and disposal. In the event that shoring methods are implemented for any excavations, shoring plans shall be prepared and submitted to the City for approval prior to issuance of a grading permit. Shoring activities required for the jack and bore operations to connect utility lines under the Union Pacific Railroad tracks shall be prepared in
accordance with the Union Pacific Engineering Project
Specifications and Guidelines for Temporary Shoring.

Additionally, the Alameda County Water District (ACWD)
shall be included in the shoring and dewatering plan review and approval process and any dewatering or shoring plans prepared for the project shall be submitted to ACWD for approval prior to issuance of ACWD drilling permits that are required for excavation activities on-site.
• Applicant Prior to issuance of
grading permits from the
City, and issuance of
drilling permits by
ACWD.

Monitoring Party:
• City of Newark Community
Development Department
• ACWD
Monitoring Action:
• Confirm a dewatering plan and
shoring plan has been prepared and
submitted to the City for review and
approval.
• Confirm a dewatering plan and
shoring plan has been prepared and
submitted to ACWD for review and
approval.

Once during the City’s
review of the project site
plans.

MM GEO-4: Procedures for Paleontological Resources
Discovered During Construction. If any paleontological
resources are encountered during ground-disturbing or
subsurface construction activities (e.g., trenching, grading), all construction activities within a 50-foot radius of the identified resource shall cease and the City shall immediately be notified. The Applicant shall retain a qualified
paleontologist (as approved by the City) to evaluate the find and recommend appropriate treatment of the inadvertently discovered paleontological resource. The appropriate
treatment of an inadvertently discovered paleontological resource shall be implemented to ensure that impacts to the resource are avoided.
• Construction
Contractor
• Qualified
Paleontologist
During any ground
disturbing activities.

Monitoring Party:
• City of Newark Community
Development Department
Monitoring Action:
• Confirm Applicant has retained a
qualified paleontologist.
• Review and confirm assessment,
recommendations, and if applicable,
recovery plan.

Throughout the
construction phase as
needed.

Also refer to Mitigation Measure HAZ-1, listed below in Section 3.9 - Hazards and Hazardous Materials, and Mitigation Measure HYD-1 listed below in Section 3.10 – Hydrology and Water Quality.

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Section 3.9 – Hazards and Hazardous Materials
MM HAZ-1: Remediation of Contamination. Prior to the
start of construction activities, the Applicant shall remediate contamination at the project site to residential standards.

Remediation activities shall be completed prior to site grading and construction of buildings. Remediation activities shall include:
• The Applicant shall implement the Corrective Action Plan and Remedial Excavation Work Plan as approved by the
ACWD. The Corrective Action Plan and Remedial
Excavation Work Plan provides detailed plans to
remediate contaminated soil, soil gas, groundwater,
surface water, and sediments through a combination of
removing the soil contamination through excavation,
groundwater containment through in-situ remediation,
and surface water contamination through dewatering,
and if conditions warrant, natural attenuation, to
residential standards.
• The Applicant shall remediate the contamination to
residential standards per regulatory agency
requirements in accordance with the State of California. • Confirmation sampling shall be completed after the
conclusion of remediation activities to ensure existing contamination has been remediated to residential
standards.
• Prior to any demolition of the existing buildings (Pick-nPull), an asbestos survey is required by local authorities and/or National Emissions Standards for Hazardous Air
Pollutants guidelines. National Emissions Standards for Hazardous Air Pollutants guidelines require the removal of potentially friable Asbestos-Containing Building
Material prior to building demolition or renovation that may disturb the Asbestos-Containing Building Material.

The results of the survey shall be submitted to the City for review and approval, prior to issuance of demolition permits.
• A Site Management Plan shall be prepared to inform
current and future owners and occupants of the project
of the environmental conditions of the site, to prevent exposure to residual contamination, and to ensure the
health and safety of residents and workers are protected. • Applicant
• Certified
Remediation
Contractor
Prior to issuance of
grading permits.

Monitoring Party:
• City of Newark Community
Development Department
Monitoring Action:
• Confirm Applicant has retained a
certified remediation contractor.
• Confirm the Corrective Action Plan
and Remedial Excavation Work Plan
are implemented.
• Confirm confirmation sampling has
been completed and the site has been
remediated below relevant screening
levels.

Once at the time of
contractor specifications
review and throughout the
remediation phase as
needed.

Also refer to Mitigation Measure HYD-1 listed below in Section 3.10 – Hydrology and Water Quality.

Section 3.10 – Hydrology and Water Quality
MM HYD-1: Prepare and Implement a Stormwater
Pollution Prevention Plan (SWPPP). Prior to the issuance of any construction-related permits, the Applicant shall prepare and submit a Notice of Intent to the State Water • Applicant
• Construction
Contractor
Prior to the issuance of
any construction-related
permits.

Monitoring Party:
• City of Newark Community
Development Department
Once at the time of
contractor specifications
review and throughout the

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Resources Control Board and prepare a SWPPP in
compliance with the National Pollutant Discharge Elimination System General Construction Permit. The SWPPP shall
include a detailed, site-specific listing of the potential sources of stormwater pollution; pollution prevention measures
(erosion and sediment control measures and measures to
control non-stormwater discharges and hazardous spills); description of the type and location of erosion and sediment control BMPs to be implemented at the project site; and a BMP monitoring and maintenance schedule to determine the amount of pollutants leaving the project site. A copy of the SWPPP must be current and remain on-site. Water quality BMPs identified in the SWPPP could include but are not
limited to the following:
a. Surface water runoff shall be controlled by directing flowing water away from critical areas and by reducing
runoff velocity. Diversion structures, such as terraces, dikes, and ditches, shall collect and direct runoff water around vulnerable areas to prepared drainage outlets.
b. Surface roughening, berms, check dams, hay bales, or similar devices shall be used to reduce runoff velocity and erosion.
c. Sediment shall be contained when conditions are too
extreme for treatment by surface protection. Temporary
sediment traps, filter fabric fences, inlet protectors, vegetative filters and buffers, or settling basins shall be used to detain runoff water long enough for sediment
particles to settle out. Construction materials, including topsoil and chemicals, shall be stored, covered, and
isolated to prevent runoff losses and contamination of
groundwater.
d. Topsoil removed during construction shall be carefully stored and treated as an important resource. Berms shall be placed around topsoil stockpiles to prevent runoff
during storm events.
e. Fuel and vehicle maintenance areas shall be established away from all drainage courses, and these areas shall be designed to control runoff.
f. Temporary erosion control measures, such as silt fences, staked straw bales, and temporary revegetation, shall be employed for disturbed areas. No disturbed surfaces will be left without erosion control measures in place during the winter and spring months.
g. A spill prevention and countermeasure plan shall be
developed to identify proper storage, collection, and
disposal measures for potential pollutants (such as fuel, fertilizers, pesticides, etc.) used on-site. The plan will also require the proper storage, handling, use, and
disposal of petroleum products.

Monitoring Action:
• Confirm the SWPPP has been
prepared and implemented.
construction phase as
needed.

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Construction activities shall be scheduled to reduce land disturbance during peak runoff periods and to the immediate area required for construction. Soil conservation practices shall be completed during the fall or late winter to reduce erosion during spring runoff. Existing vegetation will be retained where possible. To the extent feasible, grading activities shall be limited to the immediate area required for construction.

Also refer to Mitigation Measure HAZ-1, listed above in Section 3.9 – Hazards and Hazardous Materials, and Mitigation Measure GEO-3 listed above in Section 3.7 – Geology and Soils.

Section 3.13 - Noise
MM NOI-1: Project-Specific Acoustical Study. A projectspecific acoustical analysis shall be completed at the time detailed development plans are prepared, so that the design of the residential units would be sufficient to adequately reduce interior noise level to 45 dBA Ldn or lower. Building sound insulation requirements shall include the provision of forced-air mechanical ventilation for all new units with direct line of sight to significant transportation noise sources or railroad lines in the project vicinity. Special building sound insulation treatment may be required. These treatments shall include, but are not limited to, sound rated windows and doors, sound rated wall construction, acoustical caulking, protected ventilation openings, etc. The specific
determination of what treatments are necessary shall be determined on a unit-by-unit basis. The results of the
analysis, including the description of the necessary noise control treatments to achieve the acceptable noise levels inside the living units, shall be submitted to the City along with building plans and shall be reviewed and approved by the Community Development Director prior to the issuance of a building permit.

The project-specific acoustical study shall have the following minimum attributes:
• Be the responsibility of the development Applicant.
• Be prepared by qualified persons experienced in the
fields of environmental noise assessment ad
architectural acoustics.
• Include representative noise level measurements with
sufficient sampling periods and locations to adequately describe existing local conditions.
• Include estimates for existing and projected (20 years hence) noise levels in terms of (a) Ldn or CNEL and (b) any future noise regulations to be adopted by the City.

Those existing and projected noise levels shall be
compared to the adopted policies of the Newark General
Plan Noise Element.
• Applicant
• Qualified Acoustical
Consultant
Prior to the issuance of
any construction-related
permits.

Monitoring Party:
• City of Newark Community
Development Department
Monitoring Action:
• Confirm a project-specific acoustical
study has been prepared by a
qualified acoustical consultant and has
been submitted to the City for review
and approval.
• Confirm the project has been
designed to include recommended
measures to achieve compliance with
relevant acoustical requirements.

Once during design review
phase and prior to the
issuance of any building
permits.

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• Include recommended mitigation measures to achieve
compliance with the adopted policies and standards of
the Newark General Plan Noise Element. Where the
noise source in question consists of intermittent single events, the report should address the effects of
maximum noise levels in sleeping rooms and potential
sleep disturbance issues.
• Include estimates for interior and exterior noise exposure after the prescribed mitigation measures have been
implemented.
• Describe a post-project assessment program that could be used to evaluate the effectiveness of the proposed
mitigation measures.

MM NOI-2: Project Fixed-Source Noise. The noise from all mechanical equipment associated with the project, including air conditioning units, shall comply with the requirements in Section 17.24.100, Paragraph A.2.a in the Newark Municipal Code. When the actual on-site equipment is selected, a
noise analysis shall be prepared by a qualified acoustical engineer and the equipment shall incorporate measures as needed, such as shielding, barriers, and/or attenuators to reduce noise levels that may affect nearby properties,
including adjacent homes. Noise levels from the project’s fixed-source equipment at any point outside of the property plane will not exceeds 70 dB(A) between the hours of 7:00 a.m. and 9:00 p.m. or 60 dB(A) between the hours of 9:00 p.m. and 7:00 a.m.
• Applicant
• Qualified Acoustical
Engineer
Prior to the issuance of
any construction-related
permits.

Monitoring Party:
• City of Newark Community
Development Department
Monitoring Action:
• Confirm noise from all mechanical
equipment associated with the project
complies with the requirements in
Section 17.24.100, Paragraph A.2.a in
the Newark Municipal Code.

Once during design review
phase and prior to the
issuance of any building
permits.

MM NOI-3: Construction Activity. All construction and
remediation activity shall follow the City’s time and noise reduction measure requirements for construction activity.

Development of the project site shall include the following construction-noise mitigation measures, to reduce noise impacts from project construction to a less than significant level.
• Restrict noise-generating activities at the construction site or in areas adjacent to the construction site to the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday, and between 8:00 a.m. to 5:00 p.m. on Saturdays.

Construction shall be prohibited on Sundays and
holidays.
• Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are in good
condition and appropriate for the equipment.
• Unnecessary idling of internal combustion engines shall be strictly prohibited.
• Applicant
• Construction
Contractor
Prior to issuance of
grading permit and
during construction.

Monitoring Party:
• City of Newark Community
Development Department
Monitoring Action:
• Confirm construction-noise
requirements are implemented prior to
and during construction.

Once during the City’s site
plan review and throughout
the construction phase as
needed.

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• Locate stationary noise generating equipment such as
air compressors or portable power generators as far as
possible from sensitive receptors.
• Construct temporary noise barriers to screen stationary noise generating equipment when located near adjoining
sensitive land uses. Temporary noise barriers could
reduce construction noise levels by 5 dBA.
• Utilize “quiet” air compressors and other stationary noise sources where technology exists.
• Route all construction traffic to and from the project site via designated truck routes where possible. Prohibit
construction related heavy truck traffic in residential areas where feasible.
• Control noise from construction workers’ radios to a point where they are not audible at existing residences
bordering the project site.
• The contractor shall prepare and submit to the City for approval a detailed construction plan identifying the
schedule for major noise-generating construction
activities.
• Designate a “disturbance coordinator” who would be
responsible for responding to any local complaints about construction noise. The disturbance coordinator will
determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and will require that
reasonable measures warranted to correct the problem
be implemented. Conspicuously post a telephone
number for the disturbance coordinator at the
construction site and include in it the notice sent to
neighbors regarding the construction schedule.

Section 3.17 - Transportation
MM TRANS-1: Implementation of a Transportation
Demand Management (TDM) Plan. The Applicant shall
prepare and implement a TDM Plan prior to the start of
construction activities. Impacts on vehicle miles traveled (VMT) can be reduced through implementing a robust TDM
program to reduce VMT through measures that discourage
the use of single-occupant automobiles and encourage the use of other travel modes. The TDM Plan would reduce
VMT, as well as automobile trip generation and parking
demand. Due to the project location, type of development, availability of transit service, and other area characteristics, limited TDM measures would be effective for the project. The TDM Plan could include the following strategies:
• Explore the feasibility and, if feasible, coordinate with other nearby developments and/or AC Transit to provide
• Applicant Prior to the issuance of
any construction-related
permits.

Monitoring Party:
• City of Newark Community
Development Department
Monitoring Action:
• Confirm a TDM Plan has been
prepared and implemented.

Once during design review
phase and prior to the
issuance of any building
permits.

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shuttle or bus service between the project site and a
BART station and/or other major destinations.
• Offer to provide free parking spaces for at least two car share vehicles (Zipcar, etc.) for residents to use to
reduce the need for personal vehicle ownership.
• Offer to provide carpool matching to project residents.

Section 3.18 - Tribal Cultural Resources
Refer to Mitigation Measure CUL-1 and Mitigation Measure CUL-2 listed above in Section 3.5 - Cultural Resources.

ATTACHMENT 7

FINAL ENVIRONMENTAL IMPACT REPORT
Includes the following documents listed below which are made available via the Mowry Village project webpage on the City’s website. The links provided below are shortcuts to the documents.

1. Draft EIR August 2 2023

2. Final EIR October 3 2025

3. Appendix A Comments Received on the Draft EIR

4. Appendix B MV Project Pipeline Realignment Memo

5. Appendix C AQ/GHG/Energy Assessment

6. Appendix D Biological Resources Technical Report

7. Appendix E Cultural Resource Assessment

8. Appendix F Transportation Impact Analysis

9. Mitigation Monitoring and Reporting Program October 3 2025 ORDINANCE NO. ___

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

NEWARK AMENDING THE OFFICIAL ZONING MAP
ESTABLISHED PURSUANT TO TITLE 17 (ZONING) AND
SECTION 17.03.020 OF THE NEWARK ZONING
ORDINANCE BY REZONING A .84 PARCEL (LOT H) FROM
PARK TO RESIDENTIAL HIGH DENSITY (RH). ALSO
REZONING A 28.26 ACRE PARCEL FROM PARK TO

RESIDENTIAL LOW DENSITY WITH A PLANNED
OVERLAY DISTRICT FOR THE “MOWRY VILLAGE”
SUBDIVISION PROJECT AT 7400–7550 MOWRY AVENUE
(APNS 537-0850-001-11, 537-0850-001-13, AND 537-0850-002- 00)
WHEREAS, Mowry Project Owner, LLC (“Applicant”), submitted applications for a General Plan Amendment, Specific Plan Amendment, Rezoning, Vesting Tentative Tract Map, Design Review, Alternative Means of Compliance, and Density Bonus Waiver for the “Mowry Village” subdivision project (“Project”), an approximately 29.1 acre site located at 7400–7550 Mowry Avenue (APNs 537-0850-001-11, 537-0850-001-13, and 537-0850-002-00) (“Project Entitlements”); and
WHEREAS, the Project proposes demolition of the existing auto dismantler (“Pick-nPull”) and construction of 196 market-rate single-family detached homes, a 31-unit multifamily building consisting of 30 deed-restricted affordable units and one manager’s unit, on-site private streets, utility and drainage improvements, off-site roadway improvements (including the widening of Mowry Avenue), and approximately 4.89 acres of open space; and WHEREAS, the Project site is Residential Low Density on the General Plan Figure LU-1 (Land Use Diagram) and Golf/Recreation in Subarea D of the Areas 3 and 4 Specific Plan (“Specific Plan”). A General Plan Amendment is required to re-designate a .84 acre portion of project site to High Density Residential to allow a 31-unit multifamily building consisting of 30 deed-restricted affordable units and one manager’s unit. A zoning change is required to make the zoning consistent with the General Plan; and
WHEREAS, pursuant to Chapter 17.12 of the Newark Municipal Code, the Applicant applied for a Planned Development (PD) overlay district to facilitate site-specific design and development standards for the Project, in conjunction with rezoning the property; and WHEREAS, a component of the Project is an amendment to Title 17 (Zoning) of the Newark Zoning Ordinance and the Official Zoning Map, to rezone property described as follows:

Rezone Park (PK) to Residential Single-Family (RS-6000) for a 28.26 acre parcel with a Planned Development Overlay District. Rezone Park (PK) to Residential High Density (RH) for a .84 acre parcel (Lot H).
2 WHEREAS, Exhibit A to this Ordinance depicts the affected portions of real property proposed for re-zoning as shown on Vesting Tentative Tract Map 8517 in the City of Newark, County of Alameda; and
WHEREAS, the Environmental Impact Report (SCH #2021110436) (“EIR”) consisting of the Draft EIR and Responses to Comments/Final EIR has been prepared pursuant to the California Environmental Quality Act (“CEQA” (Public Resources Code § 21000 et seq.)) to analyze the environmental effects of the project and alternatives, including the Partial Affordable Alternative which is the Project recommended by staff for City Council approval; and WHEREAS, on November 19, 2025, the City Planning Commission held a public hearing on the Project Entitlements and EIR and unanimously voted (5-0) to adopt resolutions recommending that the City Council (1) certify the EIR and adopt environmental findings, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program; and (2) approve the Project and Project Entitlements; and WHEREAS, pursuant to Newark Zoning Ordinance Section 17.39.050.C, a public hearing notice was published in the Tri-City Voice on November 25, 2025, and mailed as required, and the City Council held a public hearing to consider the Ordinance at 7:00 p.m. on December 11, 2025 at the City Administration Building, 37101 Newark Boulevard, Newark, California; and
WHEREAS, on December 11, 2025 the City Council of the City of Newark conducted a duly noticed public hearing to consider the Project and EIR, considered all public testimony, written and oral, presented at the meeting; and received and considered the written information and recommendation of the staff report for the December 11, 2025 public hearing related to the proposed Project; and
WHEREAS, the City Council fully considered the Project application, entitlements, staff report, findings of fact, conditions of approval, public comments, and all other testimony and evidence presented at the public hearing and meeting; and WHEREAS, on December 11, 2025, after the public hearing, the City Council adopted a Resolution certifying the EIR and adopting findings on impacts, mitigation measures and alternatives, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program relating to the Project; and
WHEREAS, as described fully in section IV of the Findings of Determinations for the Project attached hereto as Exhibit B and incorporated herein, the City Council finds that the Ordinance meets the following criteria required by Newark Municipal Code section 17.39.080:
a. The amendments are consistent with the General Plan; b. Any change in district boundaries is necessary to achieve the balance of land uses desired by the City, consistent with the General Plan, and to increase the inventory of land within a given zoning district; and
3 c. The amendments will promote the growth of the City in an orderly manner and promote and protect the public health, safety, peace, comfort and general welfare; and The City Council of the City of Newark does ordain as follows:

Section 1: The above recitals are true and correct and are incorporated herein.

Section 2: Pursuant to Section 17.39.080 of the City of Newark Zoning Ordinance, the City Council of the City of Newark does hereby make the Findings and Determinations attached hereto as Exhibit B and incorporated herein, including specifically the findings contained in section IV, which support the zoning map amendments in this Ordinance. The City Council further finds that the that this Ordinance is necessary and desirable to achieve the purposes of Title 17 (Zoning) of the Newark Zoning Ordinance; is consistent with the policies, goals, and objectives of the General Plan; and promotes the public health, safety, morals, comfort, convenience, and general welfare of the residents of the City of Newark.

Section 3: The City’s Official Zoning Map established pursuant to Title 17 (Zoning) and Section 17.03.020 of the Newark Zoning Ordinance is hereby amended by rezoning the territory in the City of Newark, County of Alameda, State of California as shown on Exhibit A attached to this Ordinance, which is incorporated herein.

Section 4. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or any part thereof, is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed the remainder of this Ordinance, if such invalid portion thereof had been deleted.

Section 5: Effective Date. This ordinance shall take effect thirty (30) days from the date of its passage. Before expiration of fifteen (15) days after its passage, this ordinance shall be published in Tri-City Voice, a newspaper of general circulation published and printed in the County of Alameda and circulated in the City of Newark.

Exhibit A: Zoning Map Amendment for real property shown on Vesting Tentative Tract Map 8517
Exhibit B: Findings of Determinations for Rezone of the Mowry Village Project 'A' STREET 'C' STREET
'D' AVENUE
'E' AVENUE
'F' AVENUE
'G' DRIVE 'B' STREET
59 60
77 76 74 73 72 71 70 69 68 67 66 65 64 63 62 61
78 79 80 81 82 83 84 85 86 87 88 90 91 92
93 107 106 104 103 102 101 100 99 98 97 96 95 94
108 109 111 112 113 114 115 117 118 119
120
121
122
128 123
129 138 137 136 135 133 132 131 130
139 140
41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 27 26
28 29
30 31
32 33
34 35
36 37
38 39
40 58
75 89
105
110 116
134
COURT 1 PARCEL B PARCEL D PARCEL E PARCEL F

PARCEL C

PARCEL H

PARCEL G
141 142 143 144
145
146
148
149
150
151 152
153 154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
196 195 194 193 192 191 190 189 188 187 186 185 184 183 182 181 180 179 178 177 176 175 147
124
125
126
127

PARCEL C

PARCEL H

MOWRY AVENUE (PUBLIC)
F:\2872-000\ACAD\EXHIBITS\XB_41-ZONING LAND USE CHANGES.DWG

SPECIFIC PLAN AND ZONING

LAND USE CHANGES

MOWRY VILLAGE

CITY OF NEWARK ALAMEDA COUNTY CALIFORNIA
SCALE: 1" = 200' DATE: OCTOBER 6, 2025
0 200 400 600 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

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

RESOURCE PRODUCTION
PARK
RS-6000: RESIDENTIAL SINGLE FAMILY - PLANNED DEVELOPMENT OVERLAY AREA 3 & 4 SPECIFIC PLAN SUB AREA D ORIGINAL LAND USE VS

PROPOSED LAND USE

LAND USE CATEGORY ORIGINAL LAND USE PROPOSED LAND USE PROPOSED LAND USE CHANGE

PUBLIC FACILITIES

ORIGINAL LAND USE PER SPECIFIC PLAN PROPOSED LAND USE CHANGE

PROJECT BOUNDARY
AREA 3 & 4 SPECIFIC PLAN SUB AREA D
RH: RESIDENTIAL HIGH DENSITY

EXHIBIT A
EXHIBIT B: Findings of Determination

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Newark City CouncilDecember 11, 2025

Newark City Council
December 11, 2025