Park and Recreation Facilities P - P P(2)
Parking Lots and Structures P P(4) - -
Public Safety Facilities P - - -
Schools P - - -
Social Service Facilities P - - -
Commercial Uses
Animal Care, Sales, and Services
Animal Sales and Grooming C(3) - - -
Banks and Financial Institutions
Banks and Credit Unions - P(4) - -
Business Services - P(4) - -
Commercial Entertainment and Recreation
Indoor Sports and Recreation M - M -
Outdoor Entertainment C - C -
Outdoor Recreation P - P -
Unmanned Aircraft Activities - - M M Shall be
consistent with
Federal Aviation
Administration
Regulations and
Policies
Eating and Drinking Establishments
Restaurant, Limited Service P(5) P(4) - -
Restaurant, Take-Out Only P(5) P(4) - -
Farmer's Markets P P C - See Section
17.26.120,
Farmer's Markets
Offices
(Revisions in Redline)
Walk-In Clientele - P(4) - -
Personal Services
General Personal Services - P(4) - - See Section
17.26.200,
Personal Services
Retail Sales
Convenience Markets - P(4) - -
Food and Beverage Sales P(5) P(4) - -
General Retail P(5) P(4) - -
Transportation, Communication, and Utility Uses
Communication Facilities
Facilities within Buildings P - - -
Telecommunication See Section 17.26.250, Telecommunication Facilities Public Works and Utilities P - - -
Recycling Facility
Reverse Vending Machine C - - - See Section
17.26.210,
Recycling Facilities Recycling Collection Facility C - - - Recycling Processing Facility C - - -
Transportation Passenger Terminals P P - -
Other Applicable Types
Accessory Uses and Structures See Section 17.17.020, Accessory Buildings and Structures, and Section 17.26.030, Accessory Uses
Nonconforming Use See Chapter 17.22, Nonconforming Uses Outdoor Dining and Seating See Section 17.26.170, Outdoor Dining and Seating Outdoor Display and Sales See Section 17.26.180, Outdoor Display and Sales Solar Energy Systems See Section 17.26.240, Solar Energy Systems Temporary Use See Section 17.26.260, Temporary Uses
(Revisions in Redline)
Specific Limitations:
1. Limited to facilities associated with park and recreation facilities.
2. Limited to trails, wildlife preserves and open space uses that maintain the site in its natural state and protects wildlife habitats and wetlands. No building, structure or improvements shall be constructed in these areas, except for those required for public access, public restrooms, informational centers and signage, trash containers, parking facilities, and facilities needed for protecting environmental resources and general upkeep and maintenance of the property.
3. Limited to government or non-profit animal shelters located a minimum of one hundred feet from a residential use or district.
4. Limited to parking areas, and ancillary uses (i.e., coffee stand, dry cleaner, florist) that would benefit transit patrons of transit stations.
5. Limited to gift shops, cafes and restaurants accessory to cultural institutions, community assembly, and conference/convention centers.
6. Only residential projects that comply with all applicable objective standards and criteria of the underlying district and Chapter 17.28. Residential and Residential Mixed-Use Design Standards and provide one hundred percent of the units in the project as affordable to lower-income households, not including manager’s units, are permitted.
7. If residential is a permitted use by-right under state law and any residential units are proposed, any Residential and Residential Mixed-Use Development is subject to the supplemental regulations in Chapter
17.28,. Residential and Residential Mixed-Use Design Standards. (Ord. No. 503, § 1(Exh. A), 1-25-2018; Ord. No. 505, § 3(Exh. A), 7-12-2018)
17.10.030 Development standards.
Table 17.10.030, Development Standards-Public and Semi-Public Districts, prescribes the development standards for public and semi-public districts. Additional regulations are denoted in the right handright-hand column. Section numbers in this column refer to other sections of this title. See Section 17.10.050 and Chapter 17.28 for design standards for residential and residential mixed-use development.
TABLE 17.10.030: DEVELOPMENT STANDARDS-PUBLIC AND SEMI-PUBLIC DISTRICTS Standard PF TS PK OS Additional Regulations
Maximum Density
(units/acre)
60 (A) 60 (A) 60 (A) 60 (A)
Minimum Density
(units/acre)
25 (A) 25 (A) 25 (A) 25 (A)
Maximum Height (ft) 40, up to
65 with
CUP
approval;
65 30 14 See Section 17.17.050,
Height and Height
Exceptions
(Revisions in Redline)
65 for
Residential
uses, 40
within 10 ft
of an RS or
RL District
Minimum Setbacks (ft)
Front 0 0 20 20 See Section 17.17.090
Projections into Yards and
Required Building
Separations
Interior Side 5 0 10 10 See Section 17.17.090,
Projections into Yards and
Required Building
Separations
Street Side 5 0 10 10 See Section 17.17.090,
Projections into Yards and
Required Building
Separations
Rear 5 0 10 10 See Section 17.17.090,
Projections into Yards and
Required Building
Separations
Maximum Lot Coverage
(% of lot)
90 n/a n/a 5
Specific Requirements:
A. Residential is not a permitted use, however, any residential and residential mixed-use development permitted by-right by state law is subject to the provisions of this Chapter and Chapter 17.28. Residential and Residential Mixed-Use Design Standards. A minimum residential density of 25 units/acre and maximum density of 60 units/acre are required if a residential use is permitted by-right under state law and any residential units are proposed.
(Ord. No. 503, § 1(Exh. A), 1-25-2018)
(Revisions in Redline)
17.10.040 Supplemental regulations.
Tree removal in PK and OS districts. Removal of trees of five inches or more in diameter at the base is prohibited except as approved by the park superintendent, with conditional use permit approval, or, in the case of public park or public wildlife sanctuary facilities other than those owned by the city, with the approval of authorized agents or officials of the public agency owning the facilities.
(Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.10.050 Design standards for residential and residential mixed-use development.
A. Design standards for residential and residential mixed-use development (as defined in Chapter 17.46) are prescribed by Chapter 17.28 Residential and Residential Mixed-Use Design Standards. These standards shall be used as described in Section 17.28.020.
Chapter 17.11 RESOURCE PRODUCTION DISTRICT
(Revisions in Redline)
Chapter 17.11 RESOURCE PRODUCTION DISTRICT
17.11.010 Purpose and applicability.
The specific purpose of the resource production district is to reserve areas suitable for natural resource production. Specifically, this district designates areas used for salt harvesting, refining and production, including man-made crystallizer beds used for salt crystallization, and related buildings, facilities, and operations for salt harvesting, stacking, sizing, packaging and/or distribution. This district implements the salt harvesting, refining, and production general plan land use designation.
(Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.11.020 Land use regulations.
Table 17.11.020, Land Use Regulations-Resource Production District, prescribes the land use regulations for the resource production district. Use classifications are defined in Chapter 17.45, Use Classifications. In cases where a specific land use or activity is not defined, the director shall assign the land use or activity to a classification that is substantially similar in character. Use classifications and subclassifications not listed in the table or not found to be substantially similar to the uses below are prohibited. Section numbers in the right handright-hand column refer to other sections of this title.
TABLE 17.11.020: LAND USE REGULATIONS-RESOURCE PRODUCTION DISTRICT "P" Permitted Use; "M" Minor Use Permit Required; "C" Conditional Use Permit Required; "-" Use Not Allowed Use Classification RP Additional Regulations
Residential Uses
Caretaker Unit M See Section 17.11.040, Design
standards for residential and
residential mixed-use development
Public/Semi-Public Uses
Public Safety Facilities C
Industrial Uses
General Industrial P
Transportation, Communication, and Utility Uses
Communication Facilities
Telecommunication See Section 17.26.250, Telecommunication Facilities Public Works and Utilities C
(Revisions in Redline)
Other Applicable Types
Accessory Uses and Structures Uses ancillary to salt harvesting, refining, and production are allowed. See Section 17.26.030, Accessory Uses
Nonconforming Use See Chapter 17.22, Nonconforming Uses Solar Energy Systems See Section 17.26.240, Solar Energy Systems Temporary Use See Section 17.26.260, Temporary Uses
(Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.11.030 Development standards.
Table 17.11.030, Development Standards-Resource Production Districts, prescribes the development standards for the resource production district. Additional regulations are denoted in a right handright-hand column. Section numbers in this column refer to other sections of this title. See Section 17.11.040 and Chapter
17.28 for design standards for residential and residential mixed-use development.
TABLE 17.11.030: DEVELOPMENT STANDARDS-RESOURCE PRODUCTION DISTRICT Standard RP Additional Regulations
Lot and Density Standards
Minimum Lot Area (acres) 40 See Section 17.11.040, Design standards for residential and
residential mixed-use development
Maximum Density Caretaker housing only
Building Form and Location Standards
Maximum Height (ft) 35 See Section 17.17.050, Height and Height Exceptions
Minimum Setbacks (ft)
Front 30 See Section 17.17.090, Projections
into Yards and Required Building
Separations
Side 25 See Section 17.17.090, Projections
into Yards and Required Building
Separations
(Revisions in Redline)
Rear 25 See Section 17.17.090, Projections
into Yards and Required Building
Separations
Maximum Lot Coverage (% of lot) 20
(Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.11.040 Design standards for residential and residential mixed-use development.
A. Design standards for residential and residential mixed-use development (as defined in Chapter 17.46) are prescribed by Chapter 17.28 Residential and Residential Mixed-Use Design Standards. These standards shall be used as described in Section 17.28.020.
Chapter 17.12 PLANNED DEVELOPMENT (-PD) OVERLAY DISTRICT (Revisions in Redline)
Newark, California, Code of Ordinances
Chapter 17.12 PLANNED DEVELOPMENT (-PD) OVERLAY DISTRICT
17.12.010 Purpose.
The purpose of this chapter is to establish a planned development (-PD) overlay district that provides for one or more properties to be developed under a plan that provides for better coordinated development and incorporates development standards crafted to respond to site conditions in order to:
A. Provide for greater flexibility in the design of the developments than is otherwise possible through the strict application of zoning district regulations;
B. Ensure compliance with the general plan and provide various types of land use which can be combined in compatible relationship with each other as a part of a totally planned development; and C. Promote creativity in building design and innovation in development concepts. (Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.12.020 Zoning map designation.
A -PD overlay district shall be noted on the zoning map by the designation "-PD," followed by the number of the planned development or specific plan based on order of adoption. (Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.12.030 Land use regulations.
No use other than an existing use is permitted in a -PD overlay district except in accord with a valid PD plan or specific plan.
A. Any permitted or conditional use authorized by this title may be included in an approved PD plan or an adopted specific plan consistent with the general plan land use designation(s) for the property.
B. In addition to permitted or conditional uses otherwise allowed in the CC, RC, and PO districts, residential uses may be allowed as part of a planned development. In the RC district, the minimum density of such housing is thirty units/net per acre or any higher minimum density where a higher minimum density has been established.
(Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.12.040 Development regulations.
A. Minimum Area. The minimum area of a -PD overlay district shall be ten thousand square feet; however, the city council may approve a smaller area if it finds that a PD would provide greater benefits to the general welfare of Newark's residents and property owners than development under conventional zoning because of unique characteristics of the site or the proposed use.
B. Residential Unit Density. Except where a density bonus is granted in compliance with Chapter 17.19, Density Bonus for Affordable Housing, the total number of dwelling units in a PD plan shall not exceed the (Revisions in Redline)
maximum number permitted by the general plan density for the total area of the planned development designated for residential use, excluding areas devoted to public and private streets.
C. Performance Standards. The performance standards prescribed by Chapter 17.24, Performance Standards, apply.
D. Other Development Regulations. Other development regulations shall be as prescribed by the PD plan. (Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.12.050 Procedures.
A. Decision-Making Body. A -PD overlay district must be adopted by the city council. A public hearing before the planning commission is required prior to city council review; and the planning commission shall make a recommendation to the city council.
B. Review Procedures.
1. Zoning Amendment. An application for a -PD overlay district shall be processed as amendment to the zoning map, according to the procedures of Chapter 17.39, Amendments to Zoning Map and Text, and shall include a specific plan or PD plan.
2. PD Plan. The PD plan shall be accepted and processed concurrently, in the same manner as a conditional use permit application, pursuant to Chapter 17.35, Use Permits, except that the city council shall be the review authority.
3. Tentative Subdivision Map. When a PD requires the submission of a tentative subdivision map, this map and all supporting documents shall be prepared and submitted concurrently with the application of the PD.
C. Initiation. An application for a -PD overlay district shall be initiated by a property owner or authorized agent, planning commission, or the city council. If the property is not under a single ownership, all owners must join the application, and a map showing the extent of ownership shall be submitted with the application.
D. Application Content. A qualified applicant shall submit an application for a zoning amendment on a form prescribed by the planning division accompanied by the required fee. The planning division may require an applicant to submit such additional information and supporting data as considered necessary to process the application.
(Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.12.060 Required findings.
A PD plan and zoning amendment shall only be approved if all of the following findings are made:
A. The proposed development is consistent with the general plan and any applicable specific plan, including the density and intensity limitations that apply;
(Revisions in Redline)
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;
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; D. The development generally complies with applicable adopted standards and adopted design guidelines; and
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. (Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.12.070 Conditions.
In approving a PD plan and zoning amendment, the city council may impose reasonable conditions deemed necessary to:
A. Ensure that the proposal conforms in all significant respects with the general plan and with any other applicable plans or policies that the city has adopted; B. Achieve the general purposes of this title or the specific purpose of the zoning district in which the project is located;
C. Achieve the findings listed above; or
D. Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the requirements of the California Environmental Quality Act. (Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.12.080 Expiration and renewal.
A. Expiration.
1. PD Plan. A PD plan shall be effective on the same date as the ordinance creating the -PD overlay district for which it was approved and shall expire three years after the effective date unless actions specified in the conditions of approval have been taken, or a building permit has been issued and construction diligently pursued. An approved PD plan may specify a development staging program exceeding three years.
2. Tentative Map. Where a tentative map has been approved in conjunction with a PD plan, the PD plan shall expire upon the expiration of the tentative map.
(Revisions in Redline)
3. Phased Development. In the event that the applicant intends to develop the project in phases, and the city council approves phased development, the PD plan shall remain in effect so long as not more than one-year lapses between the end of one phase and the beginning of the next phase.
B. Renewal. An approved PD plan that has not been exercised may be renewed for a three-year period approved by the city council after a duly-noticed public hearing. Application for renewal shall be made in writing between thirty and one hundred twenty days prior to expiration of the original approval. The city council may renew a PD plan if it finds the renewal consistent with the purposes of this chapter. (Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.12.090 Amendments of approved plans.
A. Changed Plans. Amendments to a -PD overlay district or PD plan or specific plan may be requested by the applicant or its successors. amendments Amendments to the approved plan shall be classified as major or minor amendments. Upon receipt of an amendment application, the director shall determine if the proposed amendment constitutes a major or minor amendment.
B. Major Amendments. Major amendments to an approved -PD overlay district or PD plan or specific plan shall be considered by the city council at a duly noticed public hearing. An amendment will be deemed major if it involves one or more of the following changes:
1. A change in the boundary of the -PD overlay district;
2. An increase or decrease in the number of dwelling units for the -PD overlay district that is greater than the maximum or less than the minimum stated in the PD plan or specific plan (this does not apply to additional units allowed under the State Density Bonus program as prescribed in Chapter
17.19 Density Bonus for Affordable Housing);
3. An increase or decrease in the floor area for any non-residential land use that results in the floor area exceeding the minimum or maximum stated in the PD plan or specific plan (this does not apply to additional floor area allowed under the State Density Bonus program as prescribed in Chapter 17.19 Density Bonus for Affordable Housing);
4. Any change in land use or density that is likely to negatively impact or burden public facilities and utilities infrastructure as determined by the public works director;
5. Any change in land use or density that is likely to negatively impact or burden circulation adjacent to the -PD overlay district or to the overall major street system, as determined by the public works director; or
6. Any other proposed change to the PD plan or specific plan or the conditions of approval that substantively alters one or more of its components as determined by the director.
C. Minor Amendments. Amendments not meeting one or more of the criteria listed in Subsection B above shall be considered minor if they are consistent with and would not change any original condition of approval. Minor amendments may be approved by the director. (Revisions in Redline)
(Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.12.100 Status of specific plan.
A specific plan adopted by resolution of the city council shall be administered as prescribed by the council, consistent with Government Code Section 65450.
(Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.12.110 Development plan review.
Plans for a project in a -PD overlay district shall be accepted for planning and building permits or subdivisions only if they are consistent with an approved PD plan or specific plan and any conditions of approval. No project may be approved and no building permit issued unless the project, alteration or use is consistent with an approved PD plan or specific plan.
(Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.12.120 Design standards for residential and residential mixed-use development.
Design standards for residential and residential mixed-use development (as defined in Chapter 17.46) are prescribed by Chapter 17.28 Residential and Residential Mixed-Use Design Standards. These standards shall be used as described in Section 17.28.020.
Chapter 17.13 FORM BASED CODE (FBC) OVERLAY DISTRICT
(Revisions in Redline)
Newark, California, Code of Ordinances
Chapter 17.13 FORM BASED CODE (FBC) OVERLAY DISTRICT
17.13.010 Purpose.
Form based codes address the relationships between building facades and the public realm, the form and mass of buildings in relation to one another, and the scale and types of streets and blocks. (Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.13.020 Applicability.
The standards and regulations of this chapter apply to areas designated with an -FBC extension on the zoning map. Except as provided in this chapter, all new structures and development, as well as alterations to existing structures, shall comply with the requirements of the base zoning district and all residential and residential mixeduse development shall comply with the requirements of Chapter 17.28 – Residential and Residential Mixed Use Design Standards as prescribed by Section 17.13.060.
(Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.13.030 Maximum height and required setbacks by street.
The following height, setback, and block standards apply on lots with frontage on the following streets:
A. Transit Station Entrance Road:
1. Maximum Height. Six stories or seventy-five feet measured from finished grade at entry to the top of the ridge/parapet.
2. Front Yard. The minimum front yard setback shall be zero feet; the maximum front yard setback shall be ten feet.
3. Street Side Yard. The minimum side street yard setback shall be zero feet; the maximum side street yard setback shall be ten feet.
B. North Side of Enterprise Drive West, from Willow to Hickory:
1. Maximum Height. Six stories or seventy-five feet measured from finished grade at entry to the top of the ridge/parapet.
2. Front Yard. The minimum front yard setback shall be zero feet; the maximum front yard setback shall be twenty feet.
3. Street Side Yard. The minimum side street yard setback shall be five feet; the maximum side street yard setback shall be ten feet.
C. South Side of Enterprise Drive West, from Willow to Hickory:
1. Maximum Height. Six stories or seventy-five feet measured from finished grade at entry to the top of the ridge/parapet.
(Revisions in Redline)
2. Front Yard. The minimum front yard setback shall be ten feet; the maximum front yard setback shall be eighteen feet.
3. Street Side Yard. The minimum side street yard setback shall be five feet.
4. Maximum Block Length. The maximum block length shall be six hundred feet.
5. Minimum Block Width. The minimum block width shall be four hundred fifty feet.
6. Maximum Percent of Buildings at Minimum Setback Line. Buildings may be located at the minimum setback line for a maximum of eighty percent of the length of the setback line.
D. Hickory Street:
1. Maximum Height. Four stories or fifty feet; two stories or twenty-five feet for accessory buildings.
Building height is measured from finished grade at entry to the top of the ridge/parapet.
2. Front Yard. The minimum front yard setback shall be ten feet; the maximum front yard setback shall be eighteen feet.
3. Street Side Yard. The minimum side street yard/side of building setback shall be five feet.
E. Willow Street:
1. Maximum Height. Four stories or fifty feet; two stories or twenty-five feet for accessory buildings.
Building height is measured from finished grade at entry to the top of the ridge/parapet.
2. Front Yard. The minimum front yard setback shall be ten feet; the maximum front yard setback shall be twenty-five feet.
3. Street Side Yard. The minimum side street yard setback shall be eight feet, three inches; the maximum side street yard setback shall be fifteen feet.
4. Maximum Percent of Buildings at Minimum Setback Line. Buildings may be located at the minimum setback line for a maximum of eighty percent of the length of the setback line.
F. Central Avenue:
1. Maximum Height. Four stories or fifty feet; two stories or twenty-five feet for accessory buildings.
Building height is measured from finished grade at entry to the top of the ridge/parapet.
2. Front Yard. The minimum front yard setback shall be ten feet; the maximum front yard setback shall be eighteen feet.
3. Street Side Yard. The minimum side street yard/side of building setback shall be five feet.
G. Enterprise Drive East:
1. Maximum Height. Two and one-half stories or thirty feet maximum; two stories or twenty-five feet for accessory buildings. Building height is measured from finished grade at entry to the top of the ridge/parapet.
(Revisions in Redline)
2. Front Yard. The minimum front yard setback shall be ten feet; the maximum front yard setback shall be eighteen feet.
3. Street Side Yard. The minimum side street yard setback shall be five feet.
4. Maximum Percent of Buildings at Minimum Setback Line. Buildings may be located at the minimum setback line for a maximum of eighty percent of the length of the setback line.
H. All Neighborhood Streets:
1. Maximum Height. Four stories or fifty feet; two stories or twenty-five feet for accessory buildings.
Building height is measured from finished grade at entry to the top of the ridge/parapet.
2. Front Yard. The minimum front yard setback shall be ten feet; the maximum front yard setback shall be eighteen feet.
3. Street Side Yard. The minimum side street yard setback shall be five feet.
4. Maximum Percent of Buildings at Minimum Setback Line. Buildings may be located at the minimum setback line for a maximum of 80 percent of the length of the setback line. (Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.13.040 General development standards.
The following development standards apply except where a more stringent requirement is established in Section
17.13.030, Maximum Height and Setback Standards by Street. See Section 17.13.060 and Chapter 17.28 for design standards for residential and residential mixed-use development.
A. Single- to Four-Unit Development. Table 17.13.040.A, Development Standards-Single-to Four Unit Development, prescribe the development standards for single-unit development with the following adjustments:
1. Lot depth for alley loaded residential developmenthomes shall be measured from back of walk/centerline of paseo to the centerline of the alley.
2. For attached residential developmenthomes with garages at the rear or front of the lot, the setback may be reduced to five feet to the garage door.
3. For front loaded single-unit residential developmentfamily homes, the rear yard setback may be reduced to five feet for up to fifty percent of the lot width.
4. Building height shall be measured from the finished grade at the front entry to the top of the ridge/parapet.
5. Front setback shall be measured from back of sidewalk or centerline of paseo.
6. For all alley-loaded residential developmenthomes, the setback may be reduced to four feet to the garage door. The setback to living space on second- and third-floors may be reduced to two feet from the edge of alley.
(Revisions in Redline)
TABLE 17.13.040.A: DEVELOPMENT STANDARDS-SINGLE-TO-FOUR-UNIT DEVELOPMENT Standard Single-Unit, Detached Single Unit, Attached
Front Loaded Alley Loaded Front Loaded Alley Loaded
Lot Dimensions
Lot Width
Minimum 32 ft 30 ft 15 ft 15 ft
Maximum 65 ft 60 ft 35 ft 35 ft
Lot Depth
Minimum 45 ft 50 ft 50 ft 50 ft
Maximum 150 ft 150 ft 90 ft 90 ft
Setbacks
Front
Porch/stoops
(minimum)
6 ft 6 ft 6 ft 6 ft
Building Face
(minimum)
8 ft 8 ft 8 ft 8 ft
Building Face
(maximum)
18 ft 16 ft 16 ft 16 ft
Lot Dimensions
Rear
Main Building
(minimum)
10 ft 10 ft 10 ft 10 ft
Accessory
Building (minimum)
5 ft (A) 414 or 28 ft (A) 5 or 28 ft (A) 5 or 28 ft (A) Side
Main Building
(minimum)
3 ft 3 in 3 ft 3 in 3 ft 3 in 3 ft 3 in
(Revisions in Redline)
Main Building at
Corners (minimum)
8 ft 3 in 8 ft 3 in 8 ft 3 in 8 ft 3 in
Porch/stoops at
Corners (minimum)
6 ft 6 ft 6 ft 6 ft
Accessory
Building/Garage
(minimum)
3 ft 3 in 3 ft 3 in 3 ft 3 in 3 ft 3 in
Accessory
Building/Garage at
Corners (minimum)
8 ft 3 in 8 ft 3 in 8 ft 3 in 8 ft 3 in
Site Coverage
Maximum Site
Coverage (not
including porches)
60% 60% 75% 75%
Specific Requirements:
A. On lots with access easements located at the rear of the property, the setback shall be measured from the easement boundary nearest the primary building.
B. Commercial, Office, and Multi-Unit Development. Table 17.13.040.B, Development StandardsCommercial, Office, and Multi-Unit Development, prescribe the development standards for commercial, office, and multi-unit development. See Section 17.13.060 and Chapter 17.28 for design standards for residential and residential mixed-use development.
TABLE 17.13.040.B: DEVELOPMENT STANDARDS- COMMERCIAL, OFFICE, AND MULTI-UNIT DEVELOPMENT Standard Commercial and Office Multi-Unit
Building Form
Maximum Length of Building
Façade with no Courtyard Break
(ft)
300 n/a300
Maximum Building Depth (ft) 300 n/a
Setbacks
From Public Right-of-Way
(Revisions in Redline)
Porches/Stoops/Balconies n/a 610 ft min
Building Ground floor: 0 min, 10 ft max
Upper floors:
10 ft where ground floor at 0
to 5 ft;
5 ft where ground floor at 5
to 10 ft
815 ft min
From Other Buildings On-Site
Residential Buildings 20 ft min Front/front: 19 ft min
Side/side: 10 ft min
Front/side: 15 ft min
Community or Service Buildings n/a 25 ft min
Building Form
Non-residential Buildings 20 ft min n/a
Carports 15 ft min 15 ft min
From Non-Street Property Line
Of Single-Unit Dwelling, Attached
or Multi-Unit Lot
20 ft min 1510 ft min
Of Single-Unit Dwelling,
Detached Lot
25 ft min 30 ft min
Non-residential Buildings 25 ft min n/a
From On-Site Parking, Drive Aisle,
or Lane
15 ft min 5 ft min
(Ord. No. 503, § 1(Exh. A), 1-25-2018; Ord. No. 505, § 3(Exh. A), 7-12-2018; Ord. No. 516, § 4(Exh. A), 9-26-2019)
17.13.050 Parking.
Parking shall be provided pursuant to Chapter 17.23, Parking and Loading, except as provided below:
A. Required Parking Spaces.
1. Senior Housing. For senior housing, parking shall be at 0.5 spaces per unit, inclusive of guest parking.
2. Commercial Uses. For all uses in the commercial use classification, parking shall be at three spaces per one thousand square feet.
(Revisions in Redline)
B. Minimum Parking Space and Garage Dimensions. Minimum parking space/interior garage dimensions shall be as follows. Appliances such as washers, dryers, water heaters and utility sinks that take up the floor area of garages shall be outside of the required minimum dimensions.
1. Parallel striped spaces: Eight feet wide by twenty feet deep.
2. Single car garage: ten feet wide by twenty feet deep.
3. Two car, side by side, garage: twenty feet wide by twenty feet deep.
C. Maximum Garage Width.
1. For street facing garages, maximum garage width shall be that which accommodates two conventional cars and an area for guest parking the maximum width of a driveway door shall be twenty-two feet.
2. A street loaded garage may not occupy fifty percent or more of a lot's width.
D. Maximum Driveway Width. Dwelling unit driveways that serve as parking areas shall be a maximum of twenty feet wide. If such parking areas are included, a pedestrian walkway connecting parking to the units is recommendedrequired.
E. Garage aprons directly adjacent to sidewalks shall be either less than five feet deep or more than eighteen feet deep as measured from the garage door. Parking shall not be allowed on aprons that are five feet or less.
E. Design Guidelines. The following guidelines and recommendations apply to garages and parking:
1. Nonstreet-loaded garages are encouraged.
2. Site and building design shall be utilized to minimize the impact of parking aprons and garages on the streetscape.
3. Garage layout and design should minimize the visual impact of the garage door and parking apron on the streetscape.
4. A garage should not occur directly at the end of a parking court as viewed from the street.
5. To discourage obstruction of the driveway, garage aprons shall be either less than five feet deep or more than eighteen feet deep as measured from property line. The deeper parking aprons should be limited to the rear units; however, they can be visible from the street. Parking shall not be allowed on aprons that are five feet.
(Ord. No. 503, § 1(Exh. A), 1-25-2018)
(Revisions in Redline)
17.13.060 Design standards for residential and residential mixed-use development.
Design standards for residential and residential mixed-use development (as defined in Chapter 17.46) are prescribed by Chapter 17.28 Residential and Residential Mixed-Use Design Standards. These standards shall be used as described in Section 17.28.020.
Chapter 17.14 OLD TOWN (-OT) OVERLAY DISTRICT
(Revisions in Redline)
Newark, California, Code of Ordinances
Chapter 17.14 OLD TOWN (-OT) OVERLAY DISTRICT
17.14.010 Purpose.
This overlay district provides supplementary design standards and modifies development standards for base districts located within the Old Town Newark Specific Plan Area. The overlay district accommodates a range of medium and high-density housing, and retail and service commercial uses; and encourages development in a vertical mixed-use pattern. It enforces design standards to support pedestrian connections, human-scaled design, housing opportunity, commercial viability, usable open spaces, and financial feasibility. (Ord. No. 532, § 4(Exh. B), 10-14-2021)
17.14.020 Applicability.
The standards and regulations of this chapter apply to the planning area designated in the Old Town Specific Plan and areas designated with the -OT extension on the zoning map. Except as provided in this chapter, all new structures and development, as well as alterations to existing structures, shall comply with the requirements of the base zoning district. All residential and residential mixed-use development shall comply with the requirements of Chapter 17.28 – Residential and Residential Mixed Use Design Standards as prescribed by section 17.14.070. (Ord. No. 532, § 4(Exh. B), 10-14-2021)
17.14.030 Permitted uses.
Any use permitted in the underlying district which is combined with an -OT overlay district, shall be allowed subject to the permitting levels of the underlying district. Additionally, the following uses are permitted in the CMU-OT district, subject to a minor use permit:
A. Custom manufacturing.
B. Food and beverage manufacturing (small scale).
(Ord. No. 532, § 4(Exh. B), 10-14-2021)
17.14.040 Supplementary design standards.
A. Facade Length. For buildings with facade lengths greater than sixty feet along Thornton Avenue, place an entry point at least every fifty feet along the Thornton Avenue frontage.
B. Ground-Floor Residential. Where residential uses occupy the ground-floor, the following requirements shall apply:
1. Residential units shall not be permitted on the ground-floor of a development fronting on Thornton Avenue, with the exception of live/work units, but may be located elsewhere on the ground-floor if set back a minimum of ten feet from the property line.
(Revisions in Redline)
2. Stoops and/or common areas, such as lobbies, community rooms, and work-out spaces, are permitted on the ground-floor of Thornton Avenue frontage, up to the property line, as long as one or more windows or openings provide transparency into the common space.
C. Mixed-Use Residential Buildings. Mixed-use residential buildings shall meet the following standards:
1. On corner lots, residential lobbies shall be located on Thornton Avenue or within fifty feet from Thornton Avenue. If there is not enough less than 25 feet of Thornton Avenue frontage for a residential lobby and a retail space, the Thornton Avenue frontage shall accommodate the retail space and the residential entry may be placed elsewhere. In a building with two or more retail entrances and a residential lobby on a single frontage, retail entrances shall be located adjacent to one another, such that residential lobbies do not break up continuous retail or inhibit future demising.
2. Work with the structural grid to minimize interruptions by columns. Place columns to maximize flexibility for reconfiguring commercial spaces over time. Maintain spacing of a minimum 30 feet in all directions for concrete or steel construction and of fifteen feet in all directions for wood frame construction. Portions of parcels of less than 30 feet in width shall be exempt from this requirement.
3. Restaurants and food service businesses shall locate vents away from pedestrian areas and usable open spaces. Vents shall be located at least ten feet above grade on the Thornton Avenue frontage and adjacent to usable open spaces.
D. Open Space. Open space shall be designed as required by subsection 17.07.030.DChapter 17.28, with the following exceptions:
1. Location. Notwithstanding subsections 17.07.030.D.1.b.ii and 17.07.030.D.2.d.iSection 17.28.060, required open space for single-, two-, or multi-unit buildings may be located in a required front or street side setback.
2. Minimum Dimensions. Notwithstanding subsection 17.07.030.D.2.b.ii, common open space shall have a minimum dimension of ten feet in any direction.
3. Screening. Required private open space shall be screened by a fence not less than six feet in height located at ground level and by a railing not less than forty-two inches in height when located on a balcony. Fencing and railings do not need to be solid.
E. Commercial Entrances on Corner Lots. For lots with two or more frontages and containing at least twenty feet of frontage on Thornton Avenue:
1. At least one retail entrance shall be located on Thornton Avenue or at the corner intersection of the lot lines.
2. Notwithstanding subsection 17.08.040.F.4 or Section 17.28.070, corner parcels need not locate building entrances at a forty-five-degree angle.
(Revisions in Redline)
F. Small Vendors. The overlay district accommodates small commercial vendor spaces, such as flower shops and craft vendors through tenant space demising. Notwithstanding subsection 17.08.040.A, small commercial vendor space may be accommodated as follows:
1. A space with a minimum dimension of two feet may be built into an exterior wall as a shelf for vending outdoors for existing or new development.
2. For an existing non-conforming commercial tenant space, further demising is allowed for the establishment of a stall or pop-up vendor with a minimum depth of five feet.
G. Back of House. Commercial loading, trash, and other back of house functions shall be accessed from alleys or rear of buildings, away from Thornton Avenue, unless the parcel does not have secondary access, so that they are accessible for deliveries and employees, and not disruptive to pedestrian circulation.
H. Refuse Collection. To supplement regulations in Section 17.17.120 (trash and recycling collection areas) and Section 17.28.060, the following standards apply to existing businesses and new development. The intent is to facilitate organized, consolidated, and clean refuse areas that do not obstruct the public realm:
a. Location. Notwithstanding the requirements of subsection 17.17.120.B.2.b, waste and recycling storage areas may be located within parking areas, required street side setback, and be visible from the public right-of-way, and—in the case of existing buildings only may be located in the front yard setback—if they meet the screening and enclosure requirements in subsection
17.17.120.B.2. Storage areas may also be located in, and replace, a required parking space, if screening and enclosures are designed to the satisfaction of the community development director.
b. Screening and Enclosures. Existing properties and businesses shall construct screening and roofed enclosures for refuse, as specified in subsection 17.17.120.B.2.d and e, as a condition of any building permit valued at fifty thousand dollars or higher, or upon approval of a change of use/use permit.
c. Drainage. Existing properties and businesses shall provide floor drains in trash enclosures, as specified in subsection 17.17.120.B.2.j, as a condition of any building permit valued at one hundred thousand dollars or higher. Projects with one to four residential units subject to the provisions of Chapter 17.28 are exempt from this requirement. d. Shared Containers. Shared containers or dumpsters may service two or more commercial tenants on a single parcel, or two or more abutting parcels, to consolidate the space devoted to refuse containers.
e. Pick-up Operations. On pick-up days, containers shall be placed back in enclosures or storage locations immediately following pick-up.
(Ord. No. 532, § 4(Exh. B), 10-14-2021)
(Revisions in Redline)
17.14.050 Supplementary design guidelines and standards.
A. Outdoor Dining. To supplement regulations in Section 17.26.170 (outdoor dining), the following guidelinesstandards encourageapply to outdoor dining adjacent to the building edge:
1. Connect restaurant interiors to outdoor seating areas by providing direct access atthrough windows, doors, or other openings.
2. Provide movable seating to facilitate flexibility in dining configurations and to support public health.
3. Provide shade opportunities with awnings, or colonnades, umbrellas, or similar shade features.
B. Architectural Features. The following standard applies to new New developments: should
1. Iincorporate public art, such as murals, gates, screens, and sculpture, as part of the building exterior. (Ord. No. 532, § 4(Exh. B), 10-14-2021)
17.14.060 Parking.
Notwithstanding Chapter 17.23, the following modifications to parking standards shall apply:
A. Vehicle Parking Requirements. This chapter modifies the requirements in Table 17.23.040 as follows:
1. Multi-Unit Residential Building: Minimum of one and one-quarter spaces per unit; maximum of two spaces per unit. No additional guest parking required.
2. Group Residential: One-quarter per bedroom.
B. Parking Credits.
1. On-street parking along a lot's corresponding frontage lines shall be counted toward the parking requirement. Where an on-street parking space is adjacent to multiple lots, the credit shall be given to the development on the lot whose frontage contains more than fifty percent of the parking space length.
FIGURE 17.14.060.B.1: ON-STREET PARKING CREDIT
(Revisions in Redline)
2. Where a use with a legal nonconforming parking deficiency is replaced, the new use shall receive a parking credit equal to the number of required automobile parking spaces unmet (based on this zoning) by the previous use.
C. Driveway Access. New driveway access to sites on Thornton Avenue which that require vehicular movement across the sidewalk on Thornton Avenue shall be prohibited. Exceptions shall be granted where required by law; as applied to parcels owned, leased or controlled by the city; or in the case of interior lots or where sites are not accessible from any other public right of way.
D. Location. No off-street surface parking spaces shall be located between the front lot line and the front wall of a building fronting Thornton Avenue, except upon the granting of a minor use permit. To grant such a minor use permit, the city shall make the following findings:
1. That the parking spaces are required by Section 17.23.040.
2. That there is no other feasible way to provide the required parking.
3. That all applicable provisions of the design standards in Section 17.23.090 and Chapter 17.28 have been met.
E. Long-Term Bicycle Parking Requirements. This chapter modifies the requirements in subsection
17.23.070.B.1.a as follows:
1. Residential Uses. A minimum of one long-term bicycle parking space shall be provided for each apartment in a multi-unit development, and for each bedroom in a group residential, and/or single room occupancy.
F. Multiple Uses. Retail parking shall be separated from residential parking in parking structures; retail parking areas shall not have access to residential entrances or parking spaces.
G. Mechanical Lifts. Mechanical parking lifts may be used for parking spaces intended and required for frequent users, such as residents and employees. Parking spaces intended and required for visitors, customers or infrequent users shall not use mechanical lifts unless an attendant is provided during all operating hours of the use the parking is intended to serve. Lift design must allow for removal of any single vehicle without necessitating the temporary removal of any other vehicle.
H. Wrapped Structured Parking. Structured parking is encouraged, but must be concealed from Thornton Avenue by wrapping with commercial or habitable uses. Alternatively, structured parking may be designed with sufficient architectural treatment, subject to the approval of the community development director. Unutilized air shafts between parking structures and wrapped uses are prohibited.
I. Unbundled Parking. Residential parking spaces in multi-unitfamily or mixed-use rental projects shall be leased separately from dwelling units. No resident shall be required to lease a parking space. (Revisions in Redline)
17.14.070 Design standards for residential and residential mixed-use development.
Design standards for residential and residential mixed-use development (as defined in Chapter 17.46) are prescribed by Chapter 17.28 Residential and Residential Mixed-Use Design Standards. These standards shall be used as described in Section 17.28.020.
(Ord. No. 532, § 4(Exh. B), 10-14-2021)
Chapter 17.15 BY-RIGHT HOUSING (-BRH) OVERLAY ZONE DISTRICT (Revisions in Redline)
Newark, California, Code of Ordinances
Chapter 17.15 BY-RIGHT HOUSING (-BRH) OVERLAY ZONE DISTRICT
17.15.010 Purpose.
This overlay zone district provides supplementary land use, affordable housing requirements, and review procedures for base districts located within the city. The overlay zone district implements requirements of state law regarding streamlined review procedures for residential projects identified in the city's adopted general plan housing element that have been "carried over" from previously adopted housing elements. This zone district does not modify permitted uses, nor does it restrict property owners from developing projects consistent with the requirements provided in this title for the base or underlying zone district. (Ord. No. 547, § 4(Exh. B), 1-11-2024)
17.15.020 Applicability.
The standards and regulations of this chapter apply to the planning area designated with the -BRH extension on the zoning map. Except as provided in this chapter, all new structures and development as well as alterations to existing structures, shall comply with the requirements of the base zoning district and Chapter 17.28 – Residential and Residential Mixed Use Design Standards. See Section 17.15.050 for design standards for residential and residential mixed-use development.
(Ord. No. 547, § 4(Exh. B), 1-11-2024)
17.15.030 Permitted uses.
Any use permitted in the underlying district that is combined with a -BRH overlay zone district shall be allowed subject to the procedures of the underlying district, as modified by the -BRH district. (Ord. No. 547, § 4(Exh. B), 1-11-2024)
17.15.040 Procedures.
A. Residential Uses Allowed By-Right. Residential projects that comply with all applicable objective standards and criteria applicable toof the underlying district, include a minimum of twenty dwelling units per acre, and provide twenty percent of the units in the project as affordable to lower-income households do not require discretionary review under this title. Lower income shall have the same meaning as in Health and Safety Code section 50079.5. Qualifying projects are still subject to design review, except that such design review shall be ministerial, notwithstanding anything in NMC Chapter 17.35 to the contrary.
B. Requirements for Affordable Units. The developer of a residential project under this chapter shall comply with the provisions of NMC 17.18.060 for the residential units designated as affordable to lower-income households, consistent with applicable requirements in state law. Where the requirements of state law conflict with the requirements of this title, state law shall prevail. (Ord. No. 547, § 4(Exh. B), 1-11-2024)
(Revisions in Redline)
17.15.050 Design standards for residential and residential mixed-use development.
Design standards for residential and residential mixed-use development (as defined in Chapter 17.46) are prescribed by Chapter 17.28 Residential and Residential Mixed-Use Design Standards. These standards shall be used as described in Section 17.28.020.
Chapter 17.17 GENERAL SITE REGULATIONS
(Proposed amendments to Chapter 17.17 are limited to Section 17.17.010 – Revisions in Redline) Newark, California, Code of Ordinances
Chapter 17.17 GENERAL SITE REGULATIONS
17.17.010 Purpose and applicability.
The purpose of this chapter is to prescribe development and site regulations that apply, except where specifically stated, to development in all districts. These standards shall be used in conjunction with the standards for each zoning district established in Article II, Base and Overlay District Regulations. In any case of conflict, the standards specific to the zoning district shall override these regulations. For residential and residential mixed-use development subject to Chapter 17.28 Residential and Residential Mixed-Use Design Standards, the standards contained in Chapter 17.17 shall be used in conjunction with the standards established in Section 17.28.060 as described in Section 17.28.020.
(Ord. No. 503, § 1(Exh. A), 1-25-2018)
Chapter 17.21 LANDSCAPING
(Proposed amendments to Chapter 17.21 are limited to Section 17.21.020 – Revisions in Redline) Newark, California, Code of Ordinances
Chapter 17.21 LANDSCAPING
17.21.020 Applicability.
The provisions of this chapter shall apply to the following:
A. All new development.
B. Additions to multi-unit and non-residential development that expand existing floor area by ten percent or more.
C. All new and rehabilitated landscaping projects that include new irrigated landscaping over five hundred square feet.
D. Exceptions. The provisions of this chapter do not apply to the following:
1. Farming, agriculture, and crop production including vegetable gardens, vineyards, and small orchards.
2. Public recreational areas (designated for active play, recreation, interpretation or public assembly).
3. Registered local, state or federal historical sites.
4. Habitat restoration projects that do not require a permanent irrigation system.
5. Mined-land reclamation projects that do not require a permanent irrigation system.
6. Existing plant collections, as part of botanical gardens and arboretums open to the public.
E. For residential and residential mixed-use development subject to Chapter 17.28 Residential and Residential Mixed-Use Design Standards, the standards contained in Chapter 17.21 shall be used in conjunction with the standards established in Section 17.28.060 as described in Section 17.28.020. (Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.23 PARKING AND LOADING
(Proposed amendments to Chapter 17.23 are limited to Section 17.23.090 – Revisions in Redline) Newark, California, Code of Ordinances
17.23 PARKING AND LOADING
17.23.090 Parking area design and development standards.
All parking areas except those used exclusively for stacked or valet parking, shall be designed and developed consistent with the following standards. Parking areas used exclusively for stacked or valet parking are subject only to Subsections I through M. Stacked or valet parking areas which will allow parking at some times without attendants must be striped in conformance with the layout requirements of this section.
For residential and residential mixed-use development subject to Chapter 17.28 Residential and Residential Mixed-Use Design Standards, the standards contained in Section 17.23.090 shall be used in conjunction with the standards established in Section 17.28.060 as described in Section 17.28.020.
A. Tandem Parking.
1. Tandem parking is not permitted to satisfy the off-street parking requirement. except for residential parking if all the following requirements are satisfied:
a. The minimum dimension of any tandem parking space shall be nine feet wide by thirty-eight feet deep.
b. A tandem parking space shall only count as two required parking spaces if both spaces in the tandem parking space are reserved exclusively for use by a single residential unit.
2. Tandem parking shall only be permitted to count as two required parking spaces in parking areas or structures available to multiple residential units if a parking management program is in place to ensure that both spaces in a given tandem parking space are reserved exclusively for use by a single residential unit.
(Ord. No. 503, § 1(Exh. A), 1-25-2018; Ord. No. 505, § 3(Exh. A), 7-12-2018) Chapter 17.46 DEFINITIONS
(Proposed Additions to Chapter 17.46 – Revisions in Redline) Newark, California, Code of Ordinances
Chapter 17.46 DEFINITIONS
Dwelling unit, primary. An existing or proposed residential structure to which an accessory dwelling unit is accessory.
Onsite amenities. Areas provided for use by building tenants that may include but are not limited to the following: community gardens, outdoor kitchens or barbeque (BBQ) areas, playgrounds, dog parks, swimming pools, exercise areas, and sport courts. Landscaping, turf or lawn areas, or open courtyard and patio seating areas.
Open space. Area that is not fully enclosed by walls or solid roof that allows for outdoor living, recreation, and/or the creation and maintenance of natural and planted areas.
Open space, common. Open space accessible to all dwelling units in the development.
Open space, private. Open space accessible to only one dwelling unit.
Residential development. One or more structures containing one or more dwelling units with no nonresidential uses other than incidental accessory uses.
Residential mixed-use development. One or more residential units located in the same building, parcel, or planning application as a commercial, office, or other non-residential use(s).
Wall plane. A continuous flat area of wall surface that is not broken by a change in depth or angle.
Chapter 17.34 DESIGN REVIEW
Newark, California, Code of Ordinances
Chapter 17.34 DESIGN REVIEW
17.34.010 Purpose.
This chapter establishes the design review procedure to ensure that new development and alterations to existing structures support the goals and objectives of the general plan and other adopted plans and comply with applicable guidelines, zoning, development and design standards, and applicable state law. The specific purposes of the design review process are to:
A. Promote excellence in site planning and design and the harmonious appearance of buildings and sites; B. Ensure that new and modified uses and development will be compatible with the existing and potential development of the surrounding area;
C. Supplement other city regulations and standards in order to ensure control of aspects of design that are not otherwise addressed; and
D. Establish design review procedures consistent with applicable state law, including procedures for both discretionary and ministerial review.
(Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.34.020 Applicability.
A. Design review is required for all projects that require a permit for new construction, reconstruction, rehabilitation, alteration, or other improvements to the exterior of a structure, site, or a parking area, except for:
1. Additions, construction, reconstruction, alterations, improvements, and landscaping for a project developed in compliance with a previous design review approval; and
2. Replacement of exterior materials, including openings, with the same materials.
B. Design review shall be processed in accordance with the following review processes based upon the project type:
1. Discretionary Design Review. Applies to all projects requiring discretionary review under this title as follows:
a. Standard Design Review. Applies to all projects as prescribed in Section 17.34.020(A) except for:
i. Single-unit residential development projects; and
ii. Projects eligible for ministerial review as prescribed in this chapter or applicable state law.
b. Single-Unit Design Review. Applies to projects consisting of one single-unit dwelling (single-unit residential development) including, but not limited to new single-unit residential development; second-story additions and exterior modifications to existing single-unit residential development; and additions and exterior modifications located at the front (including street-side yards for corner lots) of existing single-unit residential development, that meet any of the following criteria:
EXHIBIT E
Chapter 17.34 DESIGN REVIEW
Newark, California, Code of Ordinances
i. Single-unit residential development projects that exceed the maximum number of waivers permitted pursuant to Chapter 17.37 Waivers; or ii. Single-unit residential development projects for which the applicant elects Single-Unit Design Review in lieu of Ministerial Streamlined Design Review. c. Discretionary Streamlined Design Review. Applies to projects for which local review remains discretionary, but review is limited to objective standards as required by applicable state law.
2. Ministerial Streamlined Design Review. Applies to projects that are eligible for ministerial review under this chapter or applicable state law and that comply with the general plan and other adopted plans, zoning, and objective development and design standards and do not exceed the maximum number of waivers permitted pursuant to Chapter 17.37 Waivers. Projects that receive a density bonus, incentives or concessions, development standard waivers, or parking reductions pursuant to California Government Code Section 65915 and Chapter 17.19, or as amended, shall not be considered inconsistent with the General Plan, zoning, or applicable development and design standards as a result of receiving such modifications. Eligible projects include:
a. Single-unit residential development including:
i. New single-unit residential development;
ii. Second-story additions and exterior modifications to existing single-unit residential development; and
iii. Additions and exterior modifications at the front (including street-side yards for corner lots) of existing single-unit residential development. b. Qualifying residential projects within the planning area designated with the By-Right Housing Overlay Zone District (Chapter 17.15);
c. Residential and mixed-use residential development projects eligible for ministerial review under applicable state law; and
d. All other types of projects eligible for ministerial review under applicable state law, including, but not limited to, emergency shelters and low-barrier navigation centers. e. Residential and mixed-use residential development projects consisting of at least two but not more than 200 dwelling units that comply with all the following:
i. The project is consistent with the general plan and other adopted plans; ii. The project is consistent with, and does not deviate from, all applicable objective development and design standards;
iii. The project does not require a conditional use permit, variance, legislative change, or any other discretionary entitlement or request under this title, except for waivers permitted pursuant to Chapter 17.37 Waivers. Projects that obtain a density bonus, incentives or concessions, development standard waivers, or parking reductions pursuant to California Government Code Section 65915 and Chapter 17.19, shall not be considered a waiver, variance, legislative change, or other discretionary entitlement or request for purposes of this subsection; iv. The project is not located:
1. Within a planned unit development;
Chapter 17.34 DESIGN REVIEW
Newark, California, Code of Ordinances
2. Within a historic district listed on the National Register of Historic Places, the California Register of Historical Resources, or within a locally designated historic district;
3. On or within 1,000 feet of an existing or former landfill;
4. On a site of more than 20 acres and does not satisfy any of the criteria specified in Public Resources Code Section 21080.66(a)(3);
5. On a site known to contain archaeological resources, paleontological resources, tribal cultural resources, or human remains;
6. On a site in which any of the features, characteristics, or conditions specified in Government Code Section 65913.4(a)(6) are present. v. The project does not involve:
1. The demolition of a historic or cultural resource that is listed on a national, state, tribal, or local historic register;
2. The demolition of a dwelling unit occupied by one or more tenants in a multi-unit development within one year prior to the time an application is submitted under this chapter;
3. The demolition of a dwelling unit subject to an affordable housing regulatory agreement;
4. A net reduction in the total number of dwelling units on the site; or
5. A net reduction in the total number of lodging rooms on the site.
C. Exceptions for Existing Development. Ground floor additions and exterior modifications to existing development that do not face a public street and comprise less than fifty percent of the proposed total floor area may be exempt from design review subject to approval by the Community Development Director.
(Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.34.030 Assignment of design review responsibilities.
A. Discretionary Design Review. The planning commission or community development director (Director) shall review all Discretionary Design Review applications, including Standard Design Review, Single-Unit Design Review, and Discretionary Streamlined Design Review, for compliance with the general plan and other adopted plans, applicable guidelines, zoning, development and design standards, and applicable state law.
1. Planning Commission. The planning commission shall have design review authority for all projects that are processed concurrently with other applications under this title requiring planning commission approval (such as conditional use permits and variances).
2. Director.
a. The Director shall have design review authority for all projects that do not meet the criteria listed in Subsection A(1).
Chapter 17.34 DESIGN REVIEW
Newark, California, Code of Ordinances
b. The Director may refer items directly to the planning commission for review when in the Director’s opinion the public interest would be better served by having the planning commission conduct design review.
B. Ministerial Streamlined Design Review. The director shall review Ministerial Streamlined Design Review applications for compliance with the general plan and other adopted plans, zoning, objective development and design standards, and applicable state law. Where permitted by applicable state law, the Director may refer applications to the planning commission for review, provided that such review remains objective and ministerial as prescribed in Section 17.34.060(D). (Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.34.040 Procedures, design guidelines and standards.
A. Forms and Fees. Written applications for design review applications shall be submitted to the planning division in compliance with the application procedures in Chapter 17.31, Common Procedures.
B. Public Notice.
1. Notice shall be provided as follows:
a. Single-Unit Residential Development. First-class mail delivery to all property owners within a minimum two-hundred-foot radius of the subject property, as shown on the latest available assessment roll.
b. Development Other Than Single-Unit Residential Development. First Class mail delivery to all property owners within a minimum four-hundred-foot radius of the subject property, as shown on the latest available assessment roll.
2. Ministerial Streamlined Design Review. Public Notice is not required.
C. Standard Design Review and Single-Unit Design Review. Standard Design Review and Single-Unit Design Review applications shall be consistent with the general plan and other adopted plans, applicable guidelines, zoning, development and design standards, and applicable state law. Design guidelines provide standards to be used in the design review process. They are intended to promote high-quality design, well-crafted and maintained buildings and landscaping, the use of high-quality building materials, and attention to the design and execution of building details and amenities in both public and private projects.
D. Discretionary Streamlined Design Review and Ministerial Streamlined Design Review. Discretionary Streamlined Design Review and Ministerial Streamlined Design Review applications shall be consistent with the general plan and other adopted plans, zoning, objective development and design standards, and applicable state law.
E. Concurrent Processing. When a design review application is processed concurrently with another application under this title, the design review application shall be submitted to the planning division as part of the underlying application.
F. Reviewing Authority. When a design review application is processed concurrently with another application under this title, the reviewing authority shall be determined in accordance with Section
17.30.060.
(Ord. No. 503, § 1(Exh. A), 1-25-2018)
Chapter 17.34 DESIGN REVIEW
Newark, California, Code of Ordinances
17.34.050 Scope of design review.
A. Design Review Considerations. Design review shall be based on consideration of the requirements of this chapter as they apply to the design of the site plan, structures, landscaping, and other physical features of a proposed project, including:
1. Building proportions, massing, and architectural details;
2. Site design, orientation, location, and architectural design of buildings relative to existing structures on or adjacent to the property, topography, and other physical features of the natural and built environment;
3. Size, location, design, development, and arrangement of on-site parking and other paved areas;
4. Exterior materials and, except in the case of design review of a single-family residence, color as they relate to each other, to the overall appearance of the project, and to surrounding development;
5. Height, materials, design, fences, walls, and screen plantings;
6. Location and type of landscaping including selection and size of plant materials, and design of hardscape; and
7. Size, location, design, color, lighting, and materials of all signs.
17.34.060 Design review criteria and findings.
A. Discretionary Design Review. When conducting Standard Design Review and Single-Unit Design Review, the review authority shall evaluate applications to ensure that they satisfy the following findings, conform to the policies of the general plan and any applicable specific plan, any adopted design guidelines, and are consistent with any other adopted policies or for this purpose. To obtain design review approval, projects must satisfy the following findings to the extent they apply.
1. 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.
2. 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.
3. 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.
4. The design of streetscapes, including street trees, lighting, and pedestrian furniture, is consistent with the intended character of the area.
5. 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.
6. 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.
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7. 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.
B. Single-Unit Design Review. In addition to the findings set forth under Subsection A, single-unit development projects processed under Single-Unit Design Review shall be consistent with the Single Family Residential Design Review Guidelines as adopted by the Planning Commission on April 24, 2007, or as amended. Single-unit development projects processed under Single-Unit Design Review shall not be subject to the design standards in Chapter 17.28 Residential and Residential Mixed-Use Design Standards.
C. Discretionary Streamlined Design Review. To obtain approval, projects must satisfy all of the following criteria. For projects processed pursuant to applicable state law, consistency shall be determined based on the objective standards and requirements applicable to the project under such law.
1. The project is consistent with applicable general plan and other adopted plans, zoning, design, and development standards.
2. The project is eligible for streamlined discretionary review pursuant to applicable state law.
D. Ministerial Streamlined Design Review. To obtain approval, projects must satisfy all of the following criteria. For projects processed pursuant to applicable state law, consistency shall be determined based on the objective standards and requirements applicable to the project under such law.
1. The project is consistent with applicable objective general plan and other adopted plans, zoning, design, and development standards.
2. The project is eligible for streamlined ministerial review pursuant to applicable state law or Section
17.34.020(B)(2).
(Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.34.070 Timing and notice of action
A. Date of Action. The responsible authority shall decide to approve, conditionally approve, or deny any discretionary or ministerial application within the timeframes required by applicable state law, including the Permit Streamlining Act (Government Code Section 65920 et seq.). For discretionary applications requiring a public hearing, action shall be taken following the closure of the public hearing.
B. Notice of Action.
1. Discretionary Design Review . For all Discretionary Design Review applications, including Standard Design Review, Single-Unit Design Review, and Discretionary Streamlined Design Review, notice of action shall be provided pursuant to Subsection 17.31.080.B, Notice of Action. In addition to the recipients identified in Subsection 17.31.080(B), Notice of Action, notice shall also be provided pursuant to Section 17.34.040(B).
2. Ministerial Streamlined Design Review. Notwithstanding Subsection 17.31.080.B, notice of action for Ministerial Streamlined Design Review applications shall be provided as follows:
a. The notice shall describe the action taken, including any applicable conditions, and shall list the criteria for approval. The Director shall file the notice with the city clerk, mail the notice to the applicant, to the members of the city council and the planning commission, Chapter 17.34 DESIGN REVIEW
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and to any other person or entity that has filed a written request for such notification with the planning division, and post the notice on the City's website.
17.34.080 Calls for review.
A. Discretionary Design Review. For all Discretionary Design Review actions, including Standard Design Review, Single-Unit Design Review, and Discretionary Streamlined Design Review, notice of decision by the director shall be communicated to the members of the city council and planning commission in accordance with Section 17.31.100.
B. Ministerial Streamlined Design Review. For Ministerial Streamlined Design Review actions, notice of decision by the director shall be communicated to the members of the planning commission and city council after approval. Notwithstanding Section 17.31.100, such actions are not subject to calls for review.
17.34.090 Appeals, expiration, extensions, and modifications.
A. Appeals.
1. Decisions on all Discretionary Design Review applications, including Standard Design Review, Single -Unit Design Review, and Discretionary Streamlined Design Review, shall be subject to the appeal provisions under Section 17.31.110, Appeals.
2. Decisions on Ministerial Streamlined Design Review applications shall not be subject to the appeal provisions under Section 17.31.110; however, a decision on such an application may be subject to one reconsideration by the Director.
B. Effective Dates. Design Review approvals shall become effective in accordance with Section 17.31.120, Effective dates.
C. Expiration and Extension.
1. Discretionary Design Review approvals shall be subject to the expiration and extension provisions of Section 17.31.130, Expiration and extension.
2. Ministerial Streamlined Design Review approvals shall be subject to expiration and extension only as permitted by applicable state law. Section 17.31.130 shall apply to the extent consistent with such law.
D. Modification of Approved Plans. Approved Design Review plans may be modified in accordance with Section 17.31.140, Modifications.
(Ord. No. 503, § 1(Exh. A), 1-25-2018)
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Chapter 17.34 DESIGN REVIEW
17.34.010 Purpose.
This chapter establishes the design review procedure to ensure that new development and alterations to existing structures supports the goals and objectives of the general plan and other adopted plans and comply with applicable guidelines, zoning, development and design standards, and applicable state lawguidelines. The specific purposes of the design review process are to:
A. Promote excellence in site planning and design and the harmonious appearance of buildings and sites; B. Ensure that new and modified uses and development will be compatible with the existing and potential development of the surrounding area; and
C. Supplement other city regulations and standards in order to ensure control of aspects of design that are not otherwise addressed; and.
D. Establish design review procedures consistent with applicable state law, including procedures for both discretionary and ministerial review.
(Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.34.020 Applicability.
A. Design review is required for all projects that require a permit for new construction, reconstruction, rehabilitation, alteration, or other improvements to the exterior of a structure, site, or a parking area, except for:
1. Additions, construction, reconstruction, alterations, improvements, and landscaping for a project developed in compliance with a previous design review approval; and
2.1. 3.2. Replacement of exterior materials, including openings, with the same materials.
B. Design review shall be processed in accordance with the following review processes based upon the project type:
1. Discretionary Design Review. Applies to all projects requiring discretionary review under this title as follows:
1. a. Standard Design Review. Applies to all projects as prescribed in Section 17.34.020(A) except for:
a.
i. Single-unit residential development projects; and
ii.i.
ii. Projects eligible for ministerial review as prescribed in this chapter or applicable state law.
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b. Single-Unit Design Review. Applies to projects consisting of one single-unit dwelling (single-unit residential development) including, but not limited to new single-unit residential development; second-story additions and exterior modifications to existing single-unit residential development; and additions and exterior modifications located at the front (including street-side yards for corner lots) of existing single-unit residential development, that meet any of the following criteria:
i. Single-unit residential development projects that exceed the maximum number of waivers permitted pursuant to Chapter 17.37 Waivers; or ii. Single-unit residential development projects for which the applicant elects Single-Unit Design Review in lieu of Ministerial Streamlined Design Review. c. Discretionary Streamlined Design Review. Applies to projects for which local review remains discretionary, but review is limited to objective standards as required by applicable state law.
2. Ministerial Streamlined Design Review. Applies to projects that are eligible for ministerial review under this chapter or applicable state law and that comply with the general plan and other adopted plans, zoning, and objective development and design standards and do not exceed the maximum number of waivers permitted pursuant to Chapter 17.37 Waivers. Projects that receive a density bonus, incentives or concessions, development standard waivers, or parking reductions pursuant to California Government Code Section 65915 and Chapter 17.19, or as amended, shall not be considered inconsistent with the General Plan, zoning, or applicable development and design standards as a result of receiving such modifications. Eligible projects include:
a. Single-unit residential development including:
i. New single-unit residential development;
ii. Second-story additions and exterior modifications to existing single-unit residential development; and
iii. Additions and exterior modifications at the front (including street-side yards for corner lots) of existing single-unit residential development. b. Qualifying residential projects within the planning area designated with the By-Right Housing Overlay Zone District (Chapter 17.15);
c. Residential and mixed-use residential development projects eligible for ministerial review under applicable state law; and
d. All other types of projects eligible for ministerial review under applicable state law, including, but not limited to, emergency shelters and low-barrier navigation centers. e. Residential and mixed-use residential development projects consisting of at least two but not more than 200 dwelling units that comply with all the following:
i. The project is consistent with the general plan and other adopted plans; ii. The project is consistent with, and does not deviate from, all applicable objective development and design standards;
iii. The project does not require a conditional use permit, variance, legislative change, or any other discretionary entitlement or request under this title, except for waivers permitted pursuant to Chapter 17.37 Waivers. Projects that obtain a Chapter 17.34 DESIGN REVIEW
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density bonus, incentives or concessions, development standard waivers, or parking reductions pursuant to California Government Code Section 65915 and Chapter 17.19, shall not be considered a waiver, variance, legislative change, or other discretionary entitlement or request for purposes of this subsection; iv. The project is not located:
1. Within a planned unit development;
2. Within a historic district listed on the National Register of Historic Places, the California Register of Historical Resources, or within a locally designated historic district;
3. On or within 1,000 feet of an existing or former landfill;
4. On a site of more than 20 acres and does not satisfy any of the criteria specified in Public Resources Code Section 21080.66(a)(3);
5. On a site known to contain archaeological resources, paleontological resources, tribal cultural resources, or human remains;
6. On a site in which any of the features, characteristics, or conditions specified in Government Code Section 65913.4(a)(6) are present. v. The project does not involve:
1. The demolition of a historic or cultural resource that is listed on a national, state, tribal, or local historic register;
2. The demolition of a dwelling unit occupied by one or more tenants in a multi-unit development within one year prior to the time an application is submitted under this chapter;
3. The demolition of a dwelling unit subject to an affordable housing regulatory agreement;
4. A net reduction in the total number of dwelling units on the site; or
5. A net reduction in the total number of lodging rooms on the site.
C. Exceptions for Existing Development. Ground floor additions and exterior modifications to existing development that do not face a public street and comprise less than fifty percent of the proposed total floor area may be exempt from design review subject to approval by the Community Development Director.
(Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.34.030 Assignment of design review responsibilities.
A. Discretionary Design Review. The planning commission or community development director (Director) shall review all Discretionary Design Review applications, including Standard Design Review, Single-Unit Design Review, and Discretionary Streamlined Design Review, for compliance with the general plan and other adopted plans, applicable guidelines, zoning, development and design standards, and applicable state law.
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1. 1A. Planning Commission. The planning commission shall have design review authority for all projects that are processed concurrently with other applications under this title requiring planning commission approval (such as conditional use permits and variances).
2. Director.
a. The Director shall have design review authority for all projects that do not meet the criteria listed in Subsection A(1).
b. The Director may refer items directly to the planning commission for review when in the Director’s opinion the public interest would be better served by having the planning commission conduct design review.
B. Ministerial Streamlined Design Review. The director shall review Ministerial Streamlined Design Review applications for compliance with the general plan and other adopted plans, zoning, objective development and design standards, and applicable state law. Where permitted by applicable state law, the Director may refer applications to the planning commission for review, provided that such review remains objective and ministerial as prescribed in Section 17.34.060(D). (Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.34.040 Procedures,; design guidelines and standards.
A. A. Forms and Fees. Written applications for design review applications shall be submitted to the planning division in compliance with the application procedures in Chapter 17.31, Common Procedures.
B. Public Notice.
1. Notice shall be provided as follows:
a. Single-Unit Residential Development. First-class mail delivery to all property owners within a minimum two-hundred-foot radius of the subject property, as shown on the latest available assessment roll.
b. Development Other Than Single-Unit Residential Development. First Class mail delivery to all property owners within a minimum four-hundred-foot radius of the subject property, as shown on the latest available assessment roll.
2. Ministerial Streamlined Design Review. Public Notice is not required.
A.C. Design Guidelines. All projects shall be consistent with applicable design guidelines. Standard Design Review and Single-Unit Design Review. Standard Design Review and Single-Unit Design Review applications shall be consistent with the general plan and other adopted plans, applicable guidelines, zoning, development and design standards, and applicable state law. Design guidelines provide recommendations standards to be used in the design review process. They are intended to promote high-quality design, well-crafted and maintained buildings and landscaping, the use of high-quality building materials, and attention to the design and execution of building details and amenities in both public and private projects.
D. Discretionary Streamlined Design Review and Ministerial Streamlined Design Review. Discretionary Streamlined Design Review and Ministerial Streamlined Design Review applications shall be consistent with the general plan and other adopted plans, zoning, objective development and design standards, and applicable state law.
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E. Concurrent Processing. When a development project requires a use permit, variance, or any other discretionary approval, the design review application design review application is processed concurrently with another application under this title, the design review application shall be submitted to the planning division as part of the underlying permit, use permit, or variance. application.
F. Reviewing Authority. When a design review application is processed concurrently with another application under this title, the reviewing authority shall be determined in accordance with Section
17.30.060.
(Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.34.050 Scope of design review.
A. A. Design Review Considerations. Design review shall be based on consideration of the requirements of this chapter as they apply to the design of the site plan, structures, landscaping, and other physical features of a proposed project, including:
1. Building proportions, massing, and architectural details;
2. Site design, orientation, location, and architectural design of buildings relative to existing structures on or adjacent to the property, topography, and other physical features of the natural and built environment;
3. Size, location, design, development, and arrangement of on-site parking and other paved areas;
4. Exterior materials and, except in the case of design review of a single-family residence, color as they relate to each other, to the overall appearance of the project, and to surrounding development;
5. Height, materials, design, fences, walls, and screen plantings;
6. Location and type of landscaping including selection and size of plant materials, and design of hardscape; and
7. Size, location, design, color, lighting, and materials of all signs.
B. Reduction in Density or Floor Area Ratio Prohibited. Design review shall not result in a reduction in the residential density or the allowable square footage of a proposed project. (Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.34.060 Design review criteria and findings.
A. A. Discretionary Design Review. When conducting Standard Design Review and Single-Unit Design Reviewdesign review, the review authority shall evaluate applications to ensure that they satisfy the following findingscriteria, conform to the policies of the general plan and any applicable specific plan, any adopted design guidelines, and are consistent with any other adopted policies or guidelines the city council may adopt for this purpose. To obtain design review approval, projects must satisfy the following findingscriteria to the extent they apply.
1. 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.
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2. 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.
3. 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.
4. The design of streetscapes, including street trees, lighting, and pedestrian furniture, is consistent with the intended character of the area.
5. 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.
6. 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.
7. 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.
B. Single-Unit Design Review. In addition to the findings set forth under Subsection A, single-unit development projects processed under Single-Unit Design Review shall be consistent with the Single Family Residential Design Review Guidelines as adopted by the Planning Commission on April 24, 2007, or as amended. Single-unit development projects processed under Single-Unit Design Review shall not be subject to the design standards in Chapter 17.28 Residential and Residential Mixed-Use Design Standards.
C. Discretionary Streamlined Design Review. To obtain approval, projects must satisfy all of the following criteria. For projects processed pursuant to applicable state law, consistency shall be determined based on the objective standards and requirements applicable to the project under such law.
1. The project is consistent with applicable general plan and other adopted plans, zoning, design, and development standards.
2. The project is eligible for streamlined discretionary review pursuant to applicable state law.
D. Ministerial Streamlined Design Review. To obtain approval, projects must satisfy all of the following criteria. For projects processed pursuant to applicable state law, consistency shall be determined based on the objective standards and requirements applicable to the project under such law.
1. The project is consistent with applicable objective general plan and other adopted plans, zoning, design, and development standards.
2. The project is eligible for streamlined ministerial review pursuant to applicable state law or Section
17.34.020(B)(2).
(Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.34.070 Timing and nNotice of action ; expiration, extensions, and modifications.
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A. A. Date of Action. The responsible authority shall decide to approve, conditionally approve, or deny any discretionary or ministerial application within the timeframes required by applicable state law, including the Permit Streamlining Act (Government Code Section 65920 et seq.). For discretionary applications requiring a public hearing, action shall be taken following the closure of the public hearing.
B. BA. Notice of Action.
1. Discretionary Design Review by the Director. For all Discretionary Design Review applications, including Standard Design Review, Single-Unit Design Review, and Discretionary Streamlined Design Review, notice of action shall be provided pursuant to Subsection 17.31.080.B, Notice of Action. In addition to the recipients identified in Subsection 17.31.080(B), Notice of Action, notice shall also be provided pursuant to Section 17.34.040(B). a. Single-Unit Residential Development. First class mail delivery to all property owners within a minimum two hundred-foot radius of the subject property as shown on the latest available assessment role.
b. Development Other Than Single-Unit Residential Development. First Class mail delivery to all property owners within a minimum four hundred-foot radius of the subject property as shown on the latest available assessment role.
2. Design Review by the Planning Commission. Where design review is conducted by the planning commission, notice of action of design review shall be provided concurrently with the associated project approval (such as the conditional use permit or variance).
2. Ministerial Streamlined Design Review. Notwithstanding Subsection 17.31.080.B, notice of action for Ministerial Streamlined Design Review applications shall be provided as follows:
a. The notice shall describe the action taken, including any applicable conditions, and shall list the criteria for approval. The Director shall file the notice with the city clerk, mail the notice to the applicant, to the members of the city council and the planning commission, and to any other person or entity that has filed a written request for such notification with the planning division, and post the notice on the City's website.
17.34.080 Calls for review.
A. A. Discretionary Design Review. For all Discretionary Design Review actions, including Standard Design Review, Single-Unit Design Review, and Discretionary Streamlined Design Review, notice of decision by the director shall be communicated to the members of the city council and planning commission in accordance with Section 17.31.100.
B. Ministerial Streamlined Design Review. For Ministerial Streamlined Design Review actions, notice of decision by the director shall be communicated to the members of the planning commission and city council after approval. Notwithstanding Section 17.31.100, such actions are not subject to calls for review.
17.34.090 Aappeals, expiration, extensions, and modifications.
A. Appeals.
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1. Design review dDecisions on all Discretionary Design Review applications, including Standard Design Review, Single -Unit Design Review, and Discretionary Streamlined Design Review, shall be subject to the appeal provisions under Section 17.31.110, Appeals.
2. Decisions on Ministerial Streamlined Design Review applications shall not be subject to the appeal provisions under Section 17.31.110; however, a decision on such an application may be subject to one reconsideration by the Director.
B. Effective Dates. Design Review approvals shall become effective in accordance with Section 17.31.120, Effective dates.
C. Expiration and Extension.
1. Discretionary Design Review approvals shall be subject to the expiration and extension provisions of Section 17.31.130, Expiration and extension.
2. Ministerial Streamlined Design Review approvals shall be subject to expiration and extension only as permitted by applicable state law. Section 17.31.130 shall apply to the extent consistent with such law.
D. Modification of Approved Plans. Approved Design Review plans may be modified in accordance with Section 17.31.140, Modifications.
C. Expiration, Extensions and Modifications. Design review approval is effective and may only be extended or modified as provided for in Chapter 17.31, Common Procedures. (Ord. No. 503, § 1(Exh. A), 1-25-2018)
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Chapter 17.37 WAIVERS
17.37.010 Purpose.
The purpose of this chapter is to establish an alternate means of granting relief from the requirements of this title when so doing would be consistent with the purposes of the title and it is not possible or practical to approve a variance. The granting of waivers is not intended to replace or supplant standards of this title, but to provide a mechanism for limited flexibility.
(Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.37.020 Applicability.
Waivers may be granted as follows:
A. Dimensional Requirements. Relief from dimensional requirements of property development standards specified in this title, not to exceed ten percent of the requirement, may be granted in accordance with the requirements of this chapter.
B. Design and Development Standards. Relief from the following standards may be granted when the number of standards requested for waivers does not exceed three (3) standards per development project and is listed under Subsection 17.37.02(B) of this Section. Certain standards may include specific requirements or criteria for the granting of such waivers; such requirements or criteria shall be satisfied for a waiver to be granted. Any request to waive more than three (3) standards per development project shall not be processed under this section and must instead be considered through a variance or other applicable process.
1. 17.08.030(B) – Development standards. Required Building Location, CMU District.
2. 17.08.040(F)(1) – Supplemental regulations. Additional Supplemental Regulations, NC, CMU, CC, and RC Districts.
3. 17.08.040(F)(5) – Supplemental regulations. Limitations on Location of Parking.
4. 17.28.040(A)(3) – Building Element Standards. Garages and Parking Structures.
5. 17.28.050 – Materials and Colors.
6. 17.28.060(A)(5)(b) – Site Design Standards. Landscaping
7. 17.28.060(A)(6) – Site Design Standards. Fences and Walls
8. 17.28.060(A)(7) – Site Design Standards. Exterior Lighting
9. 17.28.070(A)(7) – Supplemental Standards for Residential Mixed Use. Design of Required Openings.
10. 17.28.080(C)(2) – Open Space. Five Unit and Above Development. Required Amenities.
C. Exclusions. Waivers cannot be granted for any of the following standards:
1. Lot area, width, or depth.
2. Residential density.
(Ord. No. 503, § 1(Exh. A), 1-25-2018)
D. Projects qualifying for a density bonus pursuant to California Government Code Section 65915 and Chapter 17.19, or as amended, may be entitled under those provisions to additional units, incentives or
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concessions, development standard waivers, or parking reductions. A density bonus, incentives or concessions, development standard waivers, or parking reductions granted pursuant to California Government Code Section 65915 and Chapter 17.19, or as amended, shall not be considered a waiver for purposes of this chapter.
(Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.37.30 Procedures.
A. Review Authority.
1. The reviewing authority shall be the Zoning Administrator.
2. The reviewing authority shall approve, conditionally approve, or deny applications for waivers based on consideration of the requirements of this chapter.
B. Application Requirements.
1. An application for a waiver shall be filed with the planning division in accordance with Section
17.31.020, Application Forms and Fees.
2. In addition to the application form and materials required under Subsection 17.31.020(B), the supporting materials of the application shall include:
a. A written statement identifying the specific standard(s) for which a waiver is requested; the constraints to meeting the specific standard(s); and an explanation of how the findings required by this chapter can be met;
b. For waivers as prescribed in Subsection 17.37.020(B), in addition to the requirements in Section 17.37.030(2)(a), a description of how the proposed alternative solution to the standard(s) complies with the design intent of the applicable standard(s) and plans or diagrams that delineate:
i. The location and extent of the proposed deviation from the applicable standard(s);
ii. The required standard and the proposed alternative, including dimensions, measurements, percentages, or other quantitative criteria necessary to demonstrate the difference; and
iii. Any physical constraints of the property that support the waiver request, such as topography, easements, utilities, fire access, environmental features, or irregular lot configuration.
3. Public Notice and Hearing. Applications for waivers shall not require public notice or public hearing.
17.37.040 Required findings.
The reviewing authority must make all of the following findings to grant the waiver, except as otherwise stated in Subsection 17.37.040(D).
A. The waiver is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, easements, utility access, fire/life safety, environmental conditions, or other unusual circumstances.
B. The granting of the waiver will be consistent with the general plan and any applicable specific plan.
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C. The granting of the requested waiver would not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this title.
D. For waivers as prescribed in Subsection 17.37.020(B), in addition to the findings in Subsections
17.37.040(A)–(C), the proposed alternative solution to the standard(s) meets the design intent of the applicable standard(s) or the applicant demonstrates that the proposed alternative solution to the standard(s) is not feasible due to the physical characteristics of the property or unusual circumstance. (Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.37.050 Conditions of approval.
A. In approving a waiver, the decision-maker may impose any conditions deemed necessary to:
1. Ensure that the project conforms in all significant respects with the general plan and any other applicable plans or policies adopted by the city council;
2. Achieve the general purposes of this title or the specific purposes of the zoning district in which the project is located;
3. Achieve the findings for a waiver granted; or
4. Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the California Environmental Quality Act. (Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.37.60 Notice of action; appeals; expiration, extensions, and revisions.
A. Notice of Action. After the zoning administrator takes any action to approve or deny an application under the terms of this Chapter, the director shall issue a notice of action. The notice shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decision. The director shall file the notice with the city clerk and mail the notice to the applicant, to the members of the city council and the planning commission, and to any other person or entity that has filed a written request for such notification with the planning division.
B. Appeals. The applicant or any other aggrieved party may appeal a decision on waiver pursuant to the provisions of Section 17.31.110, Appeals.
C. Expiration, Extensions, and Revisions. Waivers granted under this chapter shall be effective upon approval and shall expire, be extended, or be revised concurrently with the underlying development approval or permit with which the waiver is associated. To the extent not addressed by the underlying approval, the provisions of Chapter 17.31 Common Procedures shall apply. (Ord. No. 503, § 1(Exh. A), 1-25-2018)
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Chapter 17.37 WAIVERS
17.37.010 Purpose.
The purpose of this chapter is to establish an alternate means of granting relief from the requirements of this title when so doing would be consistent with the purposes of the title and it is not possible or practical to approve a variance. The granting of waivers is not intended to replace or supplant standards of this title, but It also allows the director to grant waivers when necessary to comply with the Federal Fair Housing Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act to provide a mechanism for limited flexibility.reasonable accommodation to persons with disabilities seeking fair access to housing through a waiver of the application of the city's zoning regulations.
(Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.37.020 Applicability.
Waivers may be granted as follows:
A. Dimensional Requirements. Relief from dimensional requirements of property development standards specified in this title, not to exceed ten percent of the requirement, may be granted in accordance with the requirements of this chapter.
B. Design and Development Standards. Relief from the following standards may be granted when the number of standards requested for waivers does not exceed three (3) standards per development project and is listed under Subsection 17.37.02(B) of this Section. Certain standards may include specific requirements or criteria for the granting of such waivers; such requirements or criteria shall be satisfied for a waiver to be granted. Any request to waive more than three (3) standards per development project shall not be processed under this section and must instead be considered through a variance or other applicable process.
1. 17.08.030(B) – Development standards. Required Building Location, CMU District.
2. 17.08.040(F)(1) – Supplemental regulations. Additional Supplemental Regulations, NC, CMU, CC, and RC Districts.
3. 17.08.040(F)(5) – Supplemental regulations. Limitations on Location of Parking.
4. 17.28.040(A)(3) – Building Element Standards. Garages and Parking Structures.
5. 17.28.050 – Materials and Colors.
6. 17.28.060(A)(5)(b) – Site Design Standards. Landscaping
7. 17.28.060(A)(6) – Site Design Standards. Fences and Walls
8. 17.28.060(A)(7) – Site Design Standards. Exterior Lighting
9. 17.28.070(A)(7) – Supplemental Standards for Residential Mixed Use. Design of Required Openings.
10. 17.28.080(C)(2) – Open Space. Five Unit and Above Development. Required Amenities.
B.C. B. Accommodation of Disabilities. A waiver of any zoning regulation where the waiver is necessary to allow improvements to an existing building in order to provide reasonable accommodations to individuals with disabilities. This waiver is not available in the case of new buildings, demolitions and rebuilds, or additions where the proposed construction precludes a reasonable accommodation that would not require a waiver.Exclusions. Waivers cannot be granted for any of the following standards:
EXHIBIT H
Chapter 17.37 WAIVERS
(Revisions in Redline)
Newark, California, Code of Ordinances
1. Lot area, width, or depth.
2. Residential density.
(Ord. No. 503, § 1(Exh. A), 1-25-2018)
D. Projects qualifying for a density bonus pursuant to California Government Code Section 65915 and Chapter 17.19, or as amended, may be entitled under those provisions to additional units, incentives or concessions, development standard waivers, or parking reductions. A density bonus, incentives or concessions, development standard waivers, or parking reductions granted pursuant to California Government Code Section 65915 and Chapter 17.19, or as amended, shall not be considered a waiver for purposes of this chapter.
(Ord. No. 503, § 1(Exh. A), 1-25-2018)
A. Review Authority. The director shall approve, conditionally approve, or deny applications for waivers based on consideration of the requirements of this chapter.
B. Concurrent Processing. If a request for a waiver is being submitted in conjunction with an application for another approval, permit, or entitlement under this title, it shall be heard and acted upon at the same time and in the same manner as that application.
C. Application Requirements. An application for a waiver shall be filed to the director in accordance with Section 17.31.020, Application Forms and Fees. The application shall state in writing the nature of the waiver requested and explain why the findings necessary to grant the waiver are satisfied. The applicant shall also submit plans delineating the requested waiver.
D. Review of Requests for Reasonable Accommodation to Ensure Access to Housing. The director shall issue a written decision within forty-five days of the date of the application and may grant the reasonable accommodation request, grant with waivers, or deny the request. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process. (Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.37.30 Procedures.
A. Review Authority.
1. The reviewing authority shall be the Zoning Administrator.
2. The reviewing authority shall approve, conditionally approve, or deny applications for waivers based on consideration of the requirements of this chapter.
B. Application Requirements.
1. An application for a waiver shall be filed with the planning division in accordance with Section
17.31.020, Application Forms and Fees.
2. In addition to the application form and materials required under Subsection 17.31.020(B), the supporting materials of the application shall include:
a. A written statement identifying the specific standard(s) for which a waiver is requested; the constraints to meeting the specific standard(s); and an explanation of how the findings required by this chapter can be met;
b. For waivers as prescribed in Subsection 17.37.020(B), in addition to the requirements in Section 17.37.030(2)(a), a description of how the proposed Chapter 17.37 WAIVERS
(Revisions in Redline)
Newark, California, Code of Ordinances
alternative solution to the standard(s) complies with the design intent of the applicable standard(s) and plans or diagrams that delineate:
i. The location and extent of the proposed deviation from the applicable standard(s);
ii. The required standard and the proposed alternative, including dimensions, measurements, percentages, or other quantitative criteria necessary to demonstrate the difference; and
iii. Any physical constraints of the property that support the waiver request, such as topography, easements, utilities, fire access, environmental features, or irregular lot configuration.
1.3. Public Notice and Hearing. Applications for waivers shall not require public notice or public hearing.
17.37.040 Required findings.
The reviewing authority must make all of the following findings to grant the waiver, except as otherwise stated in Subsection 17.37.040(D).
A. The waiver is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, easements, utility access, fire/life safety, environmental conditions, or other unusual circumstances.
B. The granting of the waiver will be consistent with the general plan and any applicable specific plan.
C. The granting of the requested waiver would not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this title.
D. For waivers as prescribed in Subsection 17.37.020(B), in addition to the findings in Subsections
17.37.040(A)–(C), the proposed alternative solution to the standard(s) meets the design intent of the applicable standard(s) or the applicant demonstrates that the proposed alternative solution to the standard(s) is not feasible due to the physical characteristics of the property or unusual circumstance. (Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.37.050 Conditions of approval.
A. In approving a waiver, the decision-maker may impose any conditions deemed necessary to:
1. Ensure that the project conforms in all significant respects with the general plan and any other applicable plans or policies adopted by the city council;
2. Achieve the general purposes of this title or the specific purposes of the zoning district in which the project is located;
3. Achieve the findings for a waiver granted; or
4. Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the California Environmental Quality Act.
B. Waivers approved based on state or federal requirements for reasonable accommodation may be conditioned to provide for rescission or automatic expiration based on a change of occupancy or other relevant change in circumstance.
Chapter 17.37 WAIVERS
(Revisions in Redline)
Newark, California, Code of Ordinances
(Ord. No. 503, § 1(Exh. A), 1-25-2018)
17.37.60 Notice of action; appeals; expiration, extensions, and revisions.
A. Notice of Action. After the zoning administrator takes any action to approve or deny an application under the terms of this Chapter, the director shall issue a notice of action. The notice shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decision. The director shall file the notice with the city clerk and mail the notice to the applicant, to the members of the city council and the planning commission, and to any other person or entity that has filed a written request for such notification with the planning division.
B. Appeals. The applicant or any other aggrieved party may appeal a decision on waiver pursuant to the provisions of Section 17.31.110, Appeals.
C. Expiration, Extensions, and Revisions. Waivers granted under this chapter shall be effective upon approval and shall expire, be extended, or be revised concurrently with the underlying development approval or permit with which the waiver is associated. To the extent not addressed by the underlying approval, the provisions of Chapter 17.31 Common Procedures shall apply.
Expiration, Extensions, and Revisions. Waivers granted under this chapter are effectiveand may only be extended or revised as provided for in Chapter 17.31, Common Procedures.
A. A. Notice of Action. Notice of action shall be provided pursuant to Subsection 17.31.080.B, Notice of Action.B. (Ord. No. 503, § 1(Exh. A), 1-25-2018)
Chapter 17.42 REASONABLE ACCOMMODATION
(New Chapter – All Proposed Text)
Newark, California, Code of Ordinances
Chapter 17.42 REASONABLE ACCOMMODATION
17.42.010 Purpose.
The purpose of this chapter is to provide individuals with disabilities with reasonable accommodation in rules, policies, practices, and procedures to ensure equal access to housing pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, and to facilitate the development of housing for individuals with disabilities. This Chapter establishes a procedure for making requests for reasonable accommodation in the application of land use, zoning, policies, and procedures.
17.42.020 Applicability.
A. This Chapter applies to requests for reasonable accommodation and may include a modification or exception to the land use or zoning regulations, policies, practices or procedures for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers to housing opportunities for a person with a disability.
B. A request for reasonable accommodation may be made any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning regulation, policy, practice or procedure acts as a barrier to fair housing opportunities. An individual with a disability is a person who has a physical or mental impairment that limits one or more major life activities; a person who is regarded as having such impairment; or a person with a record of such impairment.
17.42.030 Notice of Availability.
Notice of the availability of reasonable accommodation shall be prominently displayed at public information counters in the planning division, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in the planning division.
EXHIBIT I
Chapter 17.42 REASONABLE ACCOMMODATION
(New Chapter – All Proposed Text)
Newark, California, Code of Ordinances
17.42.040 Request Procedure.
A. Requests must be submitted in writing by any eligible person as defined in Section
17.42.020(B) to the planning division, on a City-provided form. The request shall include:
1. Name and address of the individual(s) requesting reasonable accommodation;
2. Name and address of the property owner(s);
3. Address of the property for which the accommodation is requested;
4. Description of the requested accommodation and the regulation(s), policy or procedure for which the accommodation is sought; and
5. Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.
B. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection (except as may otherwise be required by the California Public Records Act or other applicable law).
C. A request for reasonable accommodation in regulations, policies, practices, and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation.
D. If an individual needs assistance in making the request for reasonable accommodation, the City will provide assistance to ensure that the process is accessible.
17.42.050 Reviewing Authority.
A. The Community Development Director or their designee shall review and decide requests for reasonable accommodation.
B. The Community Development Director or their designee shall issue a written decision on a request for reasonable accommodation within thirty (30) days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in Section
17.42.60 Required Findings.
Chapter 17.42 REASONABLE ACCOMMODATION
(New Chapter – All Proposed Text)
Newark, California, Code of Ordinances
C. If necessary to reach a determination on the request for reasonable accommodation, the Community Development Director or their designee may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty (30) day period to issue a decision is stayed until the applicant responds to the request.
17.42.060 Required Findings.
A. The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:
1. Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;
2. Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;
3. Whether the requested accommodation would impose an undue financial or administrative burden on the City and;
4. Whether the requested accommodation would require a fundamental alteration in the nature of the City’sland use and zoning regulations.
17.42.070 Written Decision.
A. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the findingsset forth in Section 17.42.60 Required Findings. All written decisions shall be transmitted to the applicant and give notice of the applicant’s right to appeal and to request reasonable accommodation in the appeals process as set forth below.
B. The written decision shall be final unless an applicant appealsit to the planning commission.
C. If the Community Development Director or their designee fails to render a written decision on the request for reasonable accommodation within the thirty (30) day time Chapter 17.42 REASONABLE ACCOMMODATION
(New Chapter – All Proposed Text)
Newark, California, Code of Ordinances
period allotted by Section 17.42.050 Reviewing Authority, the request shall be deemed granted.
D. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.
17.42.080 Appeals.
A. Within fourteen (14) calendar days of the date of the reviewing authority’s written decision, an applicant may file an appeal subject to the appeal provisions of Section 17.31.110, Appeals.
B. If an individual needs assistance in filing an appeal on an adverse decision, the City will provide assistance to ensure that the appeals process is accessible.
C. All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection (except as may otherwise be required by the California Public Records Act or other applicable law).
D. Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.
Item D. 4.
DATE 10/08/2026
TO Honorable Mayor and City Council Members
FROM Jerrald Yang, Associate Civil Engineer
SUBJECT Adopt a resolution approving project plans and specifications for Project CIPA001369 and awarding a contract to Guerra
Construction Group for the Cherry Mowry Median Modifications Project in the amount of $316,640.93
SUMMARY AND RECOMMENDATION
The Cherry Mowry Median Modifications Project (CIPA001369) is an infrastructure project identified in the City’s 5-year capital improvement program. Bids for the project were opened on September 8, 2026. A total of 14 bids were opened. The lowest responsible and responsive bidder was Guerra Construction Group with a bid of $275,339.93.
Staff recommends that the City Council adopt a resolution approving the project plans and specifications for Project CIPA001369 and awarding a construction contract to Guerra Construction Group.
BACKGROUND
The intersection of Cherry Street and Mowry Avenue crosses two major arterial streets in Newark. In 2024, staff conducted a study to evaluate the intersection and its traffic operations. The study identified long vehicle queues waiting to turn left from Cherry Street onto Mowry Avenue. The study recommends extending the left turn lane to alleviate the long vehicle queues and improve overall traffic flow at this intersection.
This would require removal of a portion of the existing median to accommodate the recommended improvement.
A capital improvement project was created as a result of the study and is currently listed as a infrastructure project on the 5-year Capital Improvement Program (CIP).
DISCUSSION/ANALYSIS
Project Scope and Deliverables
Project Scope and Deliverables
The Cherry Mowry Median Modifications Project (Project CIPA001369) will improve traffic efficiency at Cherry Street and Mowry Avenue. The project’s scope of work generally includes the following:
Removal of existing median curb and gutter, landscaping, and rock cobble Construction of new median curb and gutter with rock cobble surfacing Removal and installation of striping
Adjustment of utility boxes
Competitive Bidding and Evaluation of Bids
Staff advertised the project for construction bids on August 4, 2026. On September 8, 2026, the City received and opened fourteen (14) bids as tabulated below:
Rank Bidder Total Bid
1 Central Pacific Construction $266,181.55
2 Guerra Construction Group $275,247.00
3 Kerex Engineering $289,000.00
4 Mission Constructors Inc. $297,836.95
5 Zara Construction $301,115.00
6 Sposeto Engineering Inc. $317,840.60
7 Frontline General Engineering $323,321.56
8 FBD Vanguard Construction $342,941.00
9 Redgwick Construction Co. $355,621.00
10 Mark Lee & Yong Kay $356,000.00
11 Ram-Con Corp $363,447.00
12 BNO Builders Inc. $377,000.00
13 Golden Bay Construction Inc. $407,243.00
14 Galeb Paving Inc. $419,499.50
While Central Pacific Construction submitted the lowest bid, its proposal did not incorporate requirements in Bid Addendum No. 3 and was thus found to be non-responsive. Consequently, Guerra was deemed to be the lowest responsive and responsible bidder per the project agreement and Public Contract Code. Staff also determined Guerra to be experienced with projects involving similar work for median and street infrastructure upgrades. Guerra’s bid is approximately 26 percent below the Engineer's Estimate of $376,170.52.
Project Budget Allocation
Estimated construction costs for the project are summarized below. Staff recommends a 15 percent contingency to provide adequate coverage for the project due to or minor scope adjustments that may arise during work. Construction management includes staff and consultant fees required to administer and inspect the project during construction.
Construction Bid: $275,339.93
Contingency: $41,301.00
Construction Management: $20,000.00
CONSTRUCTION TOTAL $336,640.93
Scheduling and Timing
Work is tentatively scheduled from winter 2026 to spring 2027 (contingent upon favorable weather).
Environmental Review
The repair, maintenance or minor alteration of existing facilities, including streets, is categorically exempt under the CEQA Section 15301 (Existing Facilities).
Staff recommends adopting the resolution to approve the project plans and specifications and award the contract to Guerra Construction Group, as the lowest responsive and responsible bidder.
FISCAL IMPACT
This project is included in the 2026-2031 CIP and is funded by Measure BB Local Streets and Roads (Fund 284). There is $400,000 allocated for the project which is sufficient to award this construction contract as summarized below:
Previous Encumbrance for design: $48,908.00 Estimated Construction Cost: $336,640.93 Total Estimated Cost: $385,548.93 Available Budget: $400,000.00 No budget amendment or additional appropriation is required.
STRATEGIC PRIORITY AREA
Modernize Public Facilities and Infrastructure
REVIEW AND APPROVAL
Prepared by - Jerrald Yang, Associate Civil Engineer
Reviewed by - Miki Tsubota, City Engineer
Reviewed by - Howard Young, Public Works Director
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Attachment 1 - Resolution
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK AWARDING A CONTRACT TO GUERRA
CONSTRUCTION GROUP FOR THE CHERRY MOWRY
MEDIAN MODIFICATIONS PROJECT NO. CIPA001369
WHEREAS, the City of Newark solicited bids for the Cherry Mowry Median Modifications Project (Project No. CIPA001369); and
WHEREAS, on September 8, 2026, fourteen (14) bids were received and opened in accordance with the City’s procurement procedures and applicable laws; and WHEREAS, Guerra Construction Group submitted the lowest responsive and responsible bid in the total amount of $275,339.93; and
WHEREAS, staff recommends including a fifteen percent (15%) construction contingency in the amount of $41,300.99 to cover unanticipated project costs such as material testing and other unforeseen field conditions; and
WHEREAS, the total recommended project allocation, including contingency, is $316,640.92; and
WHEREAS, sufficient funding is available in the 2026-2031 Capital Improvement Program; and
WHEREAS, proposed work is categorically exempt from environmental review pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines as it involves maintenance and minor alteration of existing public facilities NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark as follows:
1. The bid submitted by Guerra Construction Group in the amount of $275,339.93 is hereby accepted, and the contract award to said contractor for the Cherry Mowry Median Modifications Project (CIPA001369)
2. A construction contingency of $41,300.99 is hereby authorized, for a total project allocation of $316,640.92. The City Manager is authorized to approve change orders to the project up to an amount not to exceed $316,640.92.
3. The City Manager, or designee, is authorized to execute the contract in a form approved by the City Attorney and take all actions necessary to effectuate the intent of this Resolution.
Item D. 5.
DATE 10/08/2026
TO Honorable Mayor and City Council Members
FROM Jerrald Yang, Associate Civil Engineer
SUBJECT Adopt a resolution authorizing the City Manager or Public Works Director to execute a supplemental reimbursement agreement in the additional amount of $10,000 for a total of $490,000 with Union Pacific Railroad for the Quiet Zones Project
SUMMARY AND RECOMMENDATION
To implement the Quiet Zones Project with the added scope of Central Avenue's crossing, additional services are required from Union Pacific Railroad Company (UPRR), necessitating a supplemental reimbursement agreement between the City and UPRR. The supplemental reimbursement agreement is in the amount of $10,000.
Combined with the agreement executed in June 2026 in the amount of $480,000, the supplemental reimbursement will increase the amount to UPRR in the amount not-to-exceed $490,000.
Staff recommends that the City Council adopt a resolution authorizing the City Manager or Public Works Director to execute a supplemental reimbursement agreement with UPRR for preliminary engineering services associated with the Quiet Zones Implementation Project, in the amount of $10,000, subject to City Attorney approval as to form and within the approved project budget.
BACKGROUND
The City of Newark is advancing the Quiet Zones Implementation Project (Project), which includes improvements within or adjacent to various railroad crossing right-of-way limits owned and/or operated by Union Pacific Railroad (UPRR). The Project is necessary for quieter railroad crossings as train horns are typically sounded as they approach existing crossings. A reimbursement agreement in the amount of $480,000 was presented to Council earlier in June 2026 for the purpose of UPRR to perform preliminary engineering review and necessary coordination services. There is now a supplemental reimbursement agreement to add an additional amount of $10,000.
This supplemental agreement is to include additional engineering services on the Central Avenue crossing.
DISCUSSION/ANALYSIS
Projects that are located or adjacent to railroad limits could be subject to UPRR coordination through signed agreements and documents. These may include, but are not limited to, license agreements, crossing agreements, construction and maintenance agreements, flagging and inspection agreements, or reimbursement agreements. Each agreement is a required step to obtain UPRR approval for design, access, and construction within their railroad right-of-way limits. The reimbursement agreements allow UPRR to review and coordinate between necessary stakeholders to evaluate project impacts on railroad operations and facilities. Under the agreement, UPRR will review project designs, conduct engineering analyses, coordinate with project stakeholders, and develop requirements necessary for future project approvals and agreements. Combining with the first reimbursement agreement in the amount of $480,000 and the supplemental reimbursement agreement in the amount of $10,000, the grand total for reimbursement to UPRR is summed to be $490,000.
To streamline project delivery with UPRR, staff recommends that the City Council authorize the City Manager to execute the reimbursement agreement and related project-specific agreements required for implementation of the Project. Such authority shall be limited to agreements necessary for project delivery, subject to City Attorney approval as to form, and shall remain within the scope and available appropriations of the approved budget. Examples of project specific agreements include license agreements, crossing agreements, construction and maintenance agreements, and flagging and inspection agreements. This would eliminate the need for multiple Council actions, allow staff to respond more efficiently to UPRR coordination efforts, and maintain appropriate oversight through legal controls. Authority will be limited to agreements necessary for the Project, and this approach is consistent with practices used by other agencies.
FISCAL IMPACT
Approval of the supplemental reimbursement agreement authorizes reimbursement to Union Pacific Railroad Company (UPRR) for preliminary engineering services associated with the Quiet Zones Implementation Project (CIP001357) in the additional amount of $10,000. This is combined with the first reimbursement agreement of $480,000 to bring the grand total to be reimbursed back to UPRR in the amount of $490,000.
Funding is available within the project's approved $2,000,000 budget, which is funded through a State grant for Quiet Zone Railroad Safety Improvements previously accepted and appropriated by the City Council. No additional General Fund appropriation is required.
Under the agreement, the City is responsible for reimbursing UPRR for actual costs incurred for preliminary engineering services, including project design review and coordination activities, which may differ from the current estimate. Costs will be incurred as services are performed following execution of the agreement. Staff will monitor project expenditures and return to the City Council should additional appropriations become necessary. Any agreements executed pursuant to this authorization shall remain within the approved project scope and available funding for the Project.
STRATEGIC PRIORITY AREA
Modernize Public Facilities and Infrastructure
REVIEW AND APPROVAL
Prepared by - Jerrald Yang, Associate Civil Engineer
Reviewed by - Miki Tsubota, City Engineer
Reviewed by - Howard Young, Public Works Director
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Attachment 1 - Resolution Reimbursement Agreement UPRR
Attachment 2 - UPRR 2nd Agreement
Attachment 3 - Quiet Zones Reimbursement Agreement
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK AUTHORIZING THE CITY MANAGER OR
DIRECTOR OF PUBLIC WORKS TO EXECUTE A
SUPPLEMENTAL REIMBURSEMENT AGREEMENT IN THE
ADDITIONAL AMOUNT OF $10,000 FOR A TOTAL OF
$490,000 WITH UNION PACIFIC RAILROAD FOR THE QUIET
ZONES PROJECT
WHEREAS, the City is interested in improving its railroad crossings through the Quiet Zones Project, which includes improvements within or adjacent to railroad right-of-way owned and/or operated by Union Pacific Railroad Company (“UPRR”); and WHEREAS, implementation of the Project requires the City to enter into one or more agreements with UPRR, including but not limited to license agreements, crossing agreements, construction and maintenance agreements, flagging agreements, and reimbursement agreements; and
WHEREAS, such agreements are necessary to obtain required approvals, coordinate construction activities, and ensure compliance with UPRR requirements; and WHEREAS, the City Council desires to authorize the City Manager or Director of Public Works to execute such agreements in order to facilitate timely delivery of all projects at or adjacent to UPRR limits without the need for multiple Council actions; and WHEREAS, the City Council passed Resolution No. 11,856, allowing execution of the reimbursement agreement with UPRR in the amount of $480,000; and WHEREAS, the City seeks to execute a supplemental reimbursement agreement in the additional amount of $10,000 to UPRR, increasing the not-to-exceed amount to $490,000.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby approves and authorizes City Manager or Director of Public Works to execute the supplemental reimbursement agreement with UPRR, in a form approved by the City Attorney, in the amount of $10,000.
BE IT FURTHER RESOLVED that the City Manager is authorized to take all actions necessary to effectuate the intent of this Resolution.
UPRR REMS
Project 799855
SUPPLEMENTAL AGREEMENT
Multiple Locations
Coast and Niles Subdivision
Newark, California
THIS SUPPLEMENTAL AGREEMENT (the “Supplement”) is made as of , by and between UNION PACIFIC RAILROAD COMPANY, a
Delaware corporation (“Railroad”) and the CITY OF NEWARK, CALIFORNIA (“Agency”), to be addressed at 37101 Newark Blvd., Newark, CA 94560.
RECITALS
By instrument dated February 25, 2025, Union Pacific Railroad Company and the Agency entered into an agreement for engineering services identified by the UPRR Project Number 799855 (the “Agreement”).
The Agency has requested a Supplemental Agreement to include an addendum for additional funding for engineering services as shown on the Exhibit Addendum attached hereto.
AGREEMENT
NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
SECTION 1 - AMENDMENT OF THE AGREEMENT
Railroad amends the Agreement to include the attached Exhibit Addendum.
The Agreement is amended to include the updated Exhibit A "Project Description and Location" with the additional location, DOT 749943G, and the Estimate to cover additional engineering services in the amount of Ten Thousand Dollars ($10,000.00) as shown on the Exhibit Addendum, attached hereto and hereby made a part thereof to the Agreement, which shall be, and hereby is amended to include the attached Exhibit Addendum.
SECTION 2 - EFFECTIVE DATE
This Supplemental Agreement shall be effective as of the instrument date above.
SECTION 3 - AGREEMENT SUPPLEMENTAL
This agreement is supplemental to the Agreement, as herein amended, and nothing herein contained shall be construed as amending or modifying the same except as herein specifically provided.
IN WITNESS WHEREOF, the parties hereto have caused this Supplement to be executed in duplicate as of the date first herein written.
CITY OF NEWARK, CALIFORNIA
Signature
Printed Name
Title
Date
UNION PACIFIC RAILROAD COMPANY,
a Delaware Corporation
Signature
Amber Stoffels
Printed Name
Manager I, Industry & Public Projects
Title
Date
Exhibit A
Project Description and Location
Project Description
City of Newark, California, proposes to establish a quiet zone at the crossing locations referenced below.
DOT
Crossing
Type Milepost Subdivision Street Name
750033G Public 33.7 Niles Sub Cedar Road
750032A Public 34.46 Niles Sub Cherry Street
750030L Public 34.77 Niles Sub Sycamore Street
749937D Public 29.1 Coast Sub Jarvis Avenue
749938K Public 29.31 Coast Sub Haley Street
922029U Private 29.58 Coast Sub Private
749939S Public 30.05 Coast Sub Mayhews Landing Road
749940L Public 30.42 Coast Sub Thornton Avenue
749941T Public 30.62 Coast Sub Carter Avenue
749943G Public 31.12 Coast Sub Central Avenue
Exhibit C Addendum
To Agreement
Railroad’s Estimate
DATE: 4/14/2026
LOCATION: SUBDIVISION STATE:
Newark, CA
DOT: 749943G Coast Sub CA
DESCRIPTION LABOR MATERIAL UP %0 Agency % 100 TOTAL
Quiet Zone Review/Coordination $ 10,000 $ - $ - $ 10,000.00 $ 10,000 TOTAL PROJECT: $ 10,000 $ - $ - $ 10,000.00 $10,000
TOTAL ESTIMATED COST: $10,000
Flagging is NOT included in this estimate. Agency's are instructed to follow Union Pacific's Third Party Flagging Policy.
Please utilize the following link to Union Pacific's Third Party Flagging Policy:
https://www.up.com/real_estate/third-party-flagging/index.htm COSTS AT THE CURRENT RATES EFFECTIVE THEREOF.
ENGINEERING
DESCRIPTION OF WORK: Engineering and other related services for work to be performed within railroad right of way. This includes project and construction management during construction activities in railroad right of way. All necessary railroad services will be billed at actual cost.
IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF
MATERIAL OR LABOR REQUIRED, THE RAILROAD WILL BILL FOR ACTUAL **Digital Observation (*If Required*) = This will be assessed when determined to be required by UPRR**
UNION PACIFIC RAILROAD COMPANY
BY THE
ESTIMATE OF FORCE ACCOUNT WORK
EXHIBIT C-1
THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION.
Item D. 6.
DATE 10/08/2026
TO Honorable Mayor and City Council Members
FROM Neetu Salwan, City Clerk
SUBJECT Adopt a resolution amending the 2024 Conflict of Interest Code for Nonelected Officials and Designated Employees and adopting the 2026 Conflict of Interest Code
The Political Reform Act of 1974 requires local government agencies to review their Conflict of Interest Code biennially. The Conflict of Interest Code (Code) identifies employee positions that make or participate in making governmental decisions on behalf of the City.
Employees serving in these positions are identified as “designated employees.” Consultants who make or participate in making governmental decisions on behalf of the City are also required to file applicable disclosure forms.
The biennial review of the Code has been completed, and amendments to Appendix A, Designated Positions and Disclosure Categories, are necessary to reflect organizational changes that have occurred since the 2024 review. Appendix A identifies the recommended changes using strikeout formatting for deletions and underlining for additions.
Staff recommends that the City Council adopt a resolution amending the 2024 Conflict of Interest Code for Nonelected Officials and Designated Employees and adopting the 2026 Conflict of Interest Code.
Attachments
Attachment 1: Resolution
Attachment 2: Appendix A
Attachment 3: 2024 Conflict of Interest Code
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK AMENDING THE 2024 CONFLICT OF INTEREST
CODE OF NONELECTED OFFICIALS AND DESIGNATED
EMPLOYEES OF THE CITY OF NEWARK AND ADOPTING
THE 2026 CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act, Government Code Section 87306.5, requires local government agencies to review their Conflict of Interest Codes biennially and, if a change in the Conflict of Interest Code is necessitated by changed circumstances, to prepare and submit an amended Conflict of Interest Code; and
WHEREAS, the City of Newark has reviewed its Conflict of Interest Code and determined that changes are necessary to Appendix A, Designated Positions.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby amends the 2024 Conflict of Interest Code of Nonelected Officials and Designated Employees of the City of Newark and adopts the 2026 Conflict of Interest Code. 2024
Resolution No. 11688 ------ 2026 --
APPENDIX A
DES/GNA TED POSITIONS
CITY MANAGER'S OFFICE
DISCLOSURE CATEGORY
1,2, 3,4, 5, 6, 7, 8
1,2, 5, 7
1,2,5, 7
1, 2, 5, 7
DESIGNATED COMMITTEE MEMBERS/EMPLOYEES
Measure GG Oversight Committee
COMMUNITY DEVELOPMENT
Community Development Director
Deputy Community Development Director
Deputy Economic Development Director
Senior Planner
Associate Planner
Community Preservation Manager
Principal Planner
Housing Policies & Programs Manager
FINANCE
Finance Director
Deputy Finance Director
Senior Accountant
Accountant
Accounting Manager
HUMAN RESOURCES
Human Resources Director
Senior Management Analyst
Management Analyst I/II
INFORMATION TECHNOLOGY
Chief Information Officer/Info. Tech. Dir.
POLICE
Police Chief
Police Captain
Police Lieutenant
Management Analyst 1/11
Community Engagement Manager
Support Services Manager
Crime Analyst
PUBLIC WORKS
City Engineer
Chief Building Official
Assistant Engineer
Public Works Maintenance Manager
Superintendent
Public Works Director
Public Works Inspector
Resolution No. XXXX
1, 2, 3, 4, 5, 6, 7, 8
1,2,3,4,5,6, 7, 8
1,2,3,4,5,6, 7, 8
1,2, 3,4, 5,6, 7, 8
1,2,3,4, 5,6, 7
1,2, 3,4, 5, 7
1, 2, 5, 7
1, 2, 3,4, 5, 6, 7
1,2, 3,4, 5, 6, 7
1,2,3,4,5,6, 7, 8
1,2,3,4, 5,6, 7, 8
1,2,3,4,5,6, 7, 8
1,2,3,4,5,6, 7, 8
1,2,3,4, 5, 6, 7, 8
1, 2, 3, 4, 5, 6 ,7 ,8
1, 2, 5, 6, 7
1, 2, 5, 7
1,2, 3,4, 5,6, 7, 8
1,2, 5, 7
1, 2, 5, 7
1,2, 5, 7
1, 2, 5,6
1, 2, 5,6
1, 2, 5, 7
1, 2, 3,4, 5, 6, 7, 8
1,2, 3,4, 5, 7
1 2, 4, 5, 7
1,2,4, 5, 6, 7
1,2, 3,4, 5,6, 7, 8
1, 2, 4, 5, 7
Assistant City Manager
City Clerk
Executive Assistant
Assistant to City Manager
Strategic Initiatives Manager
Communications and Public Engagement Manager
Senior -------------------------------------- Administrative Analyst1, 2, 3, 4, 5, 6, 7, 8 1, 2, 5, 6, 7
1, 2, ------------ 5, 7 -
----------------------
Management Analyst, 1/11
Senior Civil Engineer
Junior Engineer
Senior Building Inspector
Building Inspectors, 1-11
Environmental Services Manager
Maintenance Supervisor
Facilities Supervisor
Urban Forest Supervisor
Associate Engineer
Principal Civil Engineer
RECREATION AND COMMUNITY SERVICES
Senior Administrative Analyst
Recreation & Community Services Dir.
Recreation & Community Services Mgr.
Recreation Supervisor, 1/11
Senior Recreation Supervisor
CONSULTANTS
1, 2, 5, 7
1,2,4, 5, 7
3,4,6
1,2, 3,4, 5, 7
1,2,3,4, 5, 7
1,2, 3,4, 5,6, 7, 8
1, 2, 5, 7
1,2, 5, 7
1,2, 5, 7
1,2,4,5, 7
1,2,4, 5, 7
1, 2, 5, 7
1,2, 3,4, 5,6, 7,8
1,2, 3,4, 5,6, 7, 8
1, 2, 5, 7
1, 2, 5, 7
Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The City Manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.
The following positions are not covered by the code because they must file under Government Code Section 87200 and are listed for informational purposes only:
City Attorney
City Council Members
City Manager
City Treasurer
Mayor
Planning Commissioners
Resolution No. XXXX
---------------------------------------
-------------
2024
Resolution No. 11688
Item E. 1.
DATE 10/08/2026
TO Honorable Mayor and City Council Members
FROM Howard Young, Public Works Director
SUBJECT Public hearing to consider an appeal from the decision of the Public Works Director to issue a tree removal permit to the Waterford Association authorizing removal of three (3) Eucalyptus Trees on private property located at 6200 Buena Vista Drive
SUMMARY AND RECOMMENDATION
City staff issued a permit to the Waterford Homeowners Association (the "Association") on July 31, 2026, to remove three (3) trees on private property owned by the Association (hereinafter referred to as "Trees #197, #198, #200") in accordance with the Newark Municipal Code Chapter 8.16, the City's Preservation of Trees on Private Property Ordinance (the "Ordinance"), which is attached for ease of referance (Attachment #1). As further explained below, members of the public are appealing the Public Works Director's decision to grant the tree removal permit to the City Council.
Staff recommends that the City Council receive a report from the Public Works Director at the City Council meeting, consider the appeal from the members of the public, and then either affirm, modify, or reverse the decision of the Public Works Director.
BACKGROUND
Background Information relating to Trees #197, #198, #200 – Eucalyptus Trees are on private property (owned by Waterford Association) located at 6200 Buena Vista Drive:
The Association, consisting of approximately 214 condominium units on five acres, submitted an application for a tree removal permit for three (3) trees on their property on April 20, 2026. The trees were posted with tree removal notices, providing notice to the public that any objections to tree removal must be submitted in writing within ten (10) days of posting. City staff received 3 objection letters concerning trees #197, #198, #200. The letters are attached to this staff report for reference (Attachment #2).
Within the property, Tree #197 is located at 39947 Parada Street, Tree #198 is located at 39931 Parada Street, and Tree #200 is located at 6372 Buena Vista. The trees are located on land that is approximately ninety to one hundred and fifty feet (90'-150') from the sidewalk on Parada Street. The land is private property owned by the Association.
The trees are eucalyptus trees, approximately sixty-five to eighty feet (65' - 80') tall with a trunk diameter of thirty-six to forty five inches (36"-45"). Photographs showing the proximity of the trees to the homes are attached (Attachment #3).
Three formal appeal letters were received on August 7, 2026, August 10, 2026, and August 10, 2026 (Attachment #2) within the timeframe required for appeals.
Staff also notes that the City Council has previously considered a separate tree removal permit appeal involving the Waterford Homeowners Association; that matter was resolved on February 27, 2025, and is separate from the current proceeding.
Overview of Chapter 8.16 of the Newark Municipal Code – Newark’s Tree Preservation on Private Property Ordinance:
Newark Municipal Code 8.16.040 provides that upon receiving an application for a tree removal permit, the Public Works Director must investigate whether the permit should be issued. Following that investigation, the permit must be issued, unless the Public Works Director finds either:
1. Any such tree is in a reasonably healthy condition and is necessary in order to preserve the health, safety and welfare of a substantial number of persons in the community by serving a windbreak function; or
2. That the public interest will be otherwise unduly prejudiced by the destruction or removal of any such tree.
To deny a tree removal permit request, the Public Works Director must also find that:
The public interest in preservation of any such tree is not outweighed by the individual hardship on the applicant in the event the application is denied.
As explained in the Discussion/Analysis section below, the Public Works Director in consultation with the City Maintenance Supervisor, determined that these criteria are not met and therefore staff issued a permit to the Association to remove Trees #197, #198, #200. A copy of the tree removal permit is included as Attachment #4.
Appeals Process Under the Tree Preservation on Private Property Ordinance:
Newark Municipal Code Section 8.16.060 provides that any person "aggrieved by any action of the Public Works Director in denying or issuing such permit", may within ten (10) days of the determination, appeal in writing to the City Council. The City received the threes (3) letter of appeal, related to the removal of Trees #197, #198, #200 and staff subsequently scheduled this appeal before the City Council.
DISCUSSION/ANALYSIS
City staff inspected Trees #197, #198, and #200 on April 29, 2026. Staff agreed with the applicant’s reasons for requesting removal of the three trees. Staff’s decision is based on the following factors:
Tree #197 — 39931 Parada Street
City staff observed that Tree #197 has a co-dominant trunk and several large dead limbs. The City Maintenance Supervisor identified the dead limbs as an indication of internal rot. Staff also observed that roots associated with the tree are affecting the nearby hardscape and are growing toward the foundation of the town house behind the tree.
Tree #198 — 39947 Parada Street
City staff observed several large dead limbs on Tree #198. The City Maintenance Supervisor identified the dead limbs as an indication of internal rot. Staff also observed a large root growing toward the foundation of the townhouse behind the tree.
Tree #200 — 6372 Buena Vista Drive
City staff observed that roots associated with Tree #200 are affecting the walkway and patio of the townhouse behind the tree.
The City Maintenance Supervisor observed that the three trees have outgrown their planting areas. Creating clearance from nearby two-story townhouse roofs would require removal of large limbs and could unbalance the trees. Staff indicates that root pruning to address hardscape impacts could affect tree stability.
With respect to the windbreak function, the City Maintenance Supervisor determined that the trees may have functioned as windbreaks when younger, but their canopies now extend above the roofs of adjacent two-story townhouses and no longer serve as windbreaks. Based on this condition, staff determined that the trees no longer serve the windbreak function described in Newark Municipal Code Section 8.16.040.
Based on this information and the standards established by Newark Municipal Code
8.16.040 for denying a permit, the Public Works Director was unable to find that the trees are in a reasonably healthy condition and that the trees are not necessary in order to preserve the health, safety and welfare of a substantial number of persons in the community by serving a windbreak function; and was unable to find that the public interest will be otherwise unduly prejudiced by the destruction or removal of any such tree. Finally, the Public Works Director determined that preservation of any such tree is not outweighed by the individual hardship on the applicant in the event the application is denied. The Public Works Director therefore issued the permit on July 31, 2026.
Staff’s decision is based on the following factors:
• Staff cannot state that the trees are in a reasonably healthy condition, and it is clear that the canopies are above the roofs; therefore staff does not find it necessary in order to preserve the health, safety and welfare of a substantial number of persons in the community by serving a windbreak function.
• The trees are located on private property, between ninety and one hundred and fifty • The trees are located on private property, between ninety and one hundred and fifty feet (90'-150’) from a public sidewalk and street; therefore the public interest will not be otherwise unduly prejudiced by the destruction or removal of any such tree. • The trees are affecting nearby hardscape and/or growing towards building foundations. Therefore the public interest in preservation of the tree is not outweighed by the individual hardship on the applicant in the event the application is denied.
Staff recommends that the City Council review materials submitted from the appellants as well as comments made from the public at the hearing. Attached to the staff report are documents submitted related to the removal.
Following the appeal and pursuant to the Newark Municipal Code, the Council should either affirm, reverse, or modify the Public Works Directors decision.
FISCAL IMPACT
There is no direct fiscal impact to the City as a result of considering this appeal.
STRATEGIC PRIORITY AREA
Foster a Safe and Healthy Community
REVIEW AND APPROVAL
Prepared by - Howard Young, Public Works Director
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Attachment 1: Municipal Code 8.16
Attachment 2: Objection letters
Attachment 3: Photos
Attachment 4: Tree Removal Permit
Chapter 8.16 PRESERVATION OF TREES ON PRIVATE PROPERTY
Newark, California, Code of Ordinances Created: 2025-02-11 08:08:02 [EST] (Supp. No. 23, Update 2)
Chapter 8.16 PRESERVATION OF TREES ON PRIVATE PROPERTY
8.16.010 Purpose.
In enacting the ordinance codified in this chapter, the city council finds that throughout the history of the development for human habitation of the area now comprising the city there has existed, and still exists, a serious problem of high winds of such magnitude that the public health, safety and general welfare have required the taking of steps to combat the injurious effects of such winds. Among such steps has been the establishment and growth of stands of trees and of individual trees by private individuals resident in the area. However, since the incorporation of the city and the accompanying rapid rate of conversion of agricultural lands to urban development, certain property owners have cut down great numbers of trees within the city limits, and such extensive cutting of trees has reached a point where further wanton destruction of trees would, because of the wind problem as aforesaid, give rise to substantial danger to the public health, safety and welfare from dust, erosion, and other hazardous elements attendant to unrestricted high winds. Therefore, the provisions of this chapter are intended to limit the unnecessary destruction of existing trees on private property so as to preserve existing windbreaks, and for conservation purposes, as well as to preserve the natural beauty which said trees lend to the city, all for the protection of the public health, safety, prosperity and general welfare, while at the same time recognizing individual rights to develop private property in a manner which will not be prejudicial to the public interest.
(Ord. 163 § 1, 1979)
8.16.020 Permit—Required.
No person shall cut down, destroy, remove or move any tree which shall include any live woody plant having one or more well defined perennial stems with a trunk diameter of six inches or greater, measured at four feet above ground level growing within the city limits on any parcels of land except developed residential parcels of land ten thousand square feet or less in area, unless a permit to do so has been obtained from the public works director.
(Ord. 63 § 2 (part), 1979)
8.16.030 Permit—Inspection of premises upon application.
Upon receiving any such application for permit, the public works director shall inspect the premises involved and the surrounding area, and shall ascertain whether or not the tree or trees serve a windbreak function upon which a substantial number of persons depend.
(Ord. 163 § 2 (part), 1979)
8.16.040 Permit—Issuance.
Following investigation, the permit shall be issued unless the public works director finds that any such tree is in a reasonably healthy condition and is necessary in order to preserve the health, safety and welfare of a substantial number of persons in the community by serving a windbreak function; or that the public interest will be otherwise unduly prejudiced by the destruction or removal of any such tree; and that the public interest in preservation of any such tree is not outweighed by the individual hardship on the applicant in the event the application is denied. In applying the standards set forth in this chapter, nothing shall be deemed to prevent the Created: 2025-02-11 08:08:02 [EST]
(Supp. No. 23, Update 2)
public works director from issuing a permit to destroy or remove part of the trees involved in an application, while denying a permit as to the remainder.
(Ord. 163 § 2 (part), 1979)
8.16.050 Permit—Fees.
Permit fees shall be established by city council resolution. (Ord. 163 § 2 (part), 1979)
8.16.060 Permit—Appeals—Withholding of action on application.
A. Any person aggrieved by any action of the public works director in denying or issuing any such permit, as prescribed in Section 8.16.040, may, within ten days of the action taken, appeal in writing to the city council, in which case such matter shall be scheduled for hearing by the council within twenty days after the filing thereof. Action under any permit, the issuance of which has been appealed, shall be suspended pending final decision of the city council on the appeal. The city council may set any such appeal for public hearing, giving such notice to the public or to the persons concerned as the council deems advisable. Following the hearing of any such appeal, the city council may affirm, reverse, or modify the action of the public works director and may take any action thereon which would have been authorized in the first instance. The action of the city council on any such appeal shall be final and conclusive.
B. In any case where the public works director is unable to make the necessary findings but does find that it would be otherwise desirable in the public interest that any tree or trees involved in an application be preserved, then in such event action on the permit application may be withheld for a period not to exceed thirty days, during which time the matter may be referred to the city council for action. (Ord. 163 § 3, 1979)
Attachment 3 - Photos
Tree 197
Tree 198
Tree 200
Newark, CA Code of Ordinances
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Newark, CA Code of Ordinances
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Item F. 1.
DATE 10/08/2026
TO Honorable Mayor and City Council Members
FROM Miki Tsubota, City Engineer
SUBJECT Work session, informational update and direction on the preliminary planning, programming, and site feasibility for the Newark Community Cultural Arts Center
SUMMARY AND RECOMMENDATION
The programming, planning, design and construction of a new Newark Community Cultural Arts Center is a Capital Improvement Plan (CIP) project that has evolved through several City Council actions over the past two years, as guided by the City Council adopted Facilities Master Plan. This report provides an update on the planning, programming, and site feasibility analysis of the Project. Staff recommends that the City Council receive this informational update and provide any comments or direction prior to finalizing the planning, programming and site feasibility report.
BACKGROUND
The Newark Community Center, located at 35501 Cedar Boulevard, was built in 1968 as a 14,000-square-foot single-story building. The Community Center provided the community space, educational program areas, and strong connections to Community Center Park. In recent years, the usefulness of the building has diminished due to significant water intrusion and overall building depreciation. The Community Center is still frequently used for room rentals for personal events and parties and the Newark Chamber of Commerce office. In the center of the building is a large courtyard that connects the Newark Community Center to the Newark Community Center Annex, which is presently used for a preschool childcare program.
On October 10, 2024, City Council approved the Citywide Facilities Master Plan that included prioritizing replacing the current Newark Community Center with a new Community Cultural Arts Center (Project) due to the age and poor condition of the existing building. Preparation of the Facilities Master Plan involved extensive community engagement that included an online survey and attendance at in-person events to determine preliminary options for the size and associated amenities of the Project. The options ranged from an 18,000-square-foot, single-story building estimated to cost $37.0 million (in 2029 dollars) to a 32,000-square-foot, two-story building estimated to cost $67.7 million (in 2029 dollars). Community feedback identified interest in amenities and programming that included a senior lounge, classes, community rooms, and spaces for a variety of arts activities.
On March 26, 2026, City Council received a staff presentation on an introduction to the Five-Year CIP and provided feedback on two large-scale projects, including the Cultural Arts Center. Based on City Council's direction, staff included the Community Cultural Arts Center project in the Draft 2026-2031 CIP.
On June 25, 2026, City Council approved the 2026-2031 Capital Improvement Plan that included the Project.
DISCUSSION/ANALYSIS
Following City Council approval and direction over the past year, the Project has made significant progress in planning, programming, and site feasibility. The City originally engaged Group 4 Architecture, Research + Planning, Inc. (Group 4) to prepare the Citywide Facilities Master Plan. Given their extensive involvement and understanding of the Project, the City engaged with Group 4 for preliminary planning, programming, and site feasibility services (Study) for the Project. The purpose of the Study is to develop a recommendation for the Project program, site strategy, building massing, preliminary project budget, and outline the necessary next steps of environmental review as required by the California Environmental Quality Act (CEQA).
The Study initiation began with gathering information about the City's goals, past community engagement, site assessments, and planning studies. This effort was followed by establishing a work plan to clearly define outcomes to ensure Project success through the design and delivery process. Initiation efforts also included a tour of similar projects at the Burlingame Community Center, Millbrae Recreation Center, Foster City Recreation Center, and Redwood City Veterans Memorial Building/Senior Center. The Project Management Team (PMT), comprised of various City departments, participated in the tours with Group 4 to review overall architectural themes and design; review flexible and adaptable spaces and activity programming; and engage with host staff on “lessons learned” from their respective facilities.
The programming was discussed and refined with Recreation and Community Services staff to ensure the proposed program reflects operational needs and anticipated community use. The draft program currently includes the identified program elements within approximately 28,000 to 30,000 square feet of indoor space. One item that remains under consideration is the inclusion of preschool classrooms. Staff are currently evaluating the potential relocation of the existing childcare program to the Silliman Activity & Family Aquatic Center, which would inform whether preschool classrooms should be included in the Project. The proposed program also provides approximately 6,000 to 9,000 square feet of usable outdoor space to complement the indoor program and provide opportunities for programming and activities that extend from the building to the outdoors, creating stronger indoor-outdoor connections. A preliminary conceptual project budget has also been developed based on the proposed program and is within the budget previously approved by City Council.
Study efforts related to site strategy alternatives included detailed review of existing conditions, refinement of Project space programming, and preparing and analyzing various site and building massing options using project-specific evaluation criteria.
This effort included several PMT and technical meetings with City staff from Recreation and Community Services, Planning, Public Works, and Police as well as from the Alameda County Fire Department. In addition to evaluating options for the Project building, study efforts also explored potential opportunities to include neighboring open space connections with Community Center Park, potential impacts to neighboring residences, vehicular circulation patterns, preliminary parking layouts, and overall "fit and feel" of the Project with respect to views from Cedar Boulevard as well as Community Center Park.
As part of this site feasibility review, the Project Management Team (PMT) initially evaluated four potential site options. Each site was reviewed against project-specific prerequisites and feasibility considerations, which narrowed the list to two sites that met the identified requirements. The PMT then met with representatives from public safety and the building division to review the two remaining site options from an operational and emergency response perspective and consider Americans with Disabilities Act (ADA) requirements. The two remaining sites were subsequently studied and evaluated in greater detail using additional project-specific criteria. This additional evaluation helped further distinguish the two options and informed the development of a recommended site. The recommended option will be presented at the City Council meeting for discussion and direction.
Simultaneously, community engagement was conducted to gather public feedback, confirm the elements identified in the Facilities Master Plan, and better understand community priorities, preferences, and design values related to the proposed facility.
Engagement efforts included an online community survey promoted through The Newark News and the City’s social media accounts, as well as pop-up poster boards placed at various City facilities and events. The online survey received 88 responses, and the pop-up survey posters generated approximately 1,400 individual dot responses across the three preference areas. The Senior Center listening session was attended by approximately 30 to 40 community members. For interior space usage, the community survey results show a high preference for incorporating creative arts, a community event hall with kitchen, a dance studio, and a science, technology, engineering and mathematics (S.T.E.M.) classroom. For exterior design, the community survey results show a high preference for nature-inspired theme, natural and warm theme, indoor-outdoor connections, and a welcoming entry. For interior design, the community survey results show a high preference for the nature-inspired, calm, cozy, and playful themes.
Next steps include incorporating City Council and public feedback on the work completed to-date into the final Study report that is anticipated to be brought to City Council later this fall. Following the adoption of the Site Feasibility Study, City staff intend to issue a Request for Proposals (RFP) later this year to solicit a consultant for project management services for the next phase of the Project. project management services for the next phase of the Project.
FISCAL IMPACT
There is no fiscal impact associated with this report.
STRATEGIC PRIORITY AREA
Foster a Safe and Healthy Community
Modernize Public Facilities and Infrastructure
REVIEW AND APPROVAL
Prepared by - Miki Tsubota, City Engineer
Reviewed by - Howard Young, Public Works Director
Reviewed by - Roya Gonzalez, Strategic Initiatives Manager Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Attachment 1: Cultural Arts Center Presentation
NEWARK COMMUNITY
CULTURAL ARTS CENTER
PROJECT
CITY COUNCIL MEETING
City of Newark | October 08, 2026
AGENDA
2 1. Introductions
2. Project Direction
3. Workplan + Schedule
4. Work to Date Tours of comparable facilities Program priorities Site strategies Design values
5. Next Steps
3NEWARK COMMUNITY CULTURAL ARTS CENTER City Council Meeting 10/08/26
INTRODUCTIONS
PROJECT MANAGEMENT TEAM
City of Newark
• Miki Tsubota, City Engineer – Public Works
• Roya Gonzalez, Strategic Initiatives Manager – City
Manager’s Office
• Alicia Day, Director – Recreation and Community
Services
• Steven Turner, Director – Community Development
• Art Interiano, Deputy Director – Community
Development
• Howard Young, Director – Public Works
Group 4 Architecture, Research + Planning, Inc.
• Andrea Gifford, Principal Project Manager
• Dawn Merkes, Principal-in-Charge
• Vickie White, Senior Planner
DAWN MERKES
Group 4
Principal-in-Charge
ANDREA GIFFORD
Group 4
Principal Project Manager
VICKIE WHITE
Group 4
Senior Planner
4NEWARK COMMUNITY CULTURAL ARTS CENTER City Council Meeting 10/08/26
PROJECT GOALS
A preferred building and site program for a Community Cultural Art Center that:
Is a civic destination for the entire community
Integrates spaces and amenities for residents of all ages and abilities Incorporates a community event hall / performing arts component Is flexible, adaptable, and supports efficient and cost-effective operations Is consistent with the Council-approved maximum budget of $63 million Set up the project for smooth progress through the design and delivery phases
OUTCOMES
5NEWARK COMMUNITY CULTURAL ARTS CENTER City Council Meeting 10/08/26
PROJECT GOALS
Build on the 2024 Facilities Master Plan, which recommended a new, ~32,000 SF Community Cultural Arts Center at Newark Community Park:
Engage the community to confirm the building program and identify design values Develop building and site program options that explore varying approaches to the building’s layout and integration into the park
Develop preferred recommendations for the:
Building + site programs
Site strategy
Building massing and design values
Develop a project cost estimate, schedule, and description for future CEQA analysis
PLANNING PROCESS
CITY OF NEWARK
NEWARK COMMUNITY CULTURAL ARTS CENTER PROJECT
WORK PLAN - V.
JULY AUGUST SEPTEMBER OCTOBER NOVEMBER
Week of 7/13 7/20 7/27 8/3 8/10 8/17 8/24 8/31 9/7 9/14 9/21 9/28
1.PROJECT INITIATION
KO
PMT MEETINGS
2.SITE STRATEGY ALTERNATIVES
3. COMMUNITY SURVEY
• Kickoff
• Work plan
• Data
gathering +
review
• Community
center tours
• Site analysis +
existing conditions
• Program
refinement
• Site strategy
options
• Refined site plan
and massing
diagrams
• Estimated project
schedule
• Project cost model
• Online survey –
building program
and design values
• Pop-up poster
version of online
survey
• Community
feedback
summary report
• Draft Report
• Final Report
4. FINAL SUMMARY REPORT
PMT PMT PMT PMT PMT
TOURS + TECH MEETINGS
COMMUNITY ENGAGEMENT
PMT
COMMUNITY SURVEY (8/28 - 9/20)
FACILITY TOURS TECH MTGS
REC, PLANNING
CC CC
CITY COUNCIL
REVIEW
11/12
CITY COUNCIL
APPROVAL
10/08
TECH MTGS
REC, BLDG, PD/FIRE
NEWARK
DAYS
TODAY
2026-08-27
SENIOR
SESSION
7NEWARK COMMUNITY CULTURAL ARTS CENTER City Council Meeting 10/08/26 COMPARABLE FACILITY TOURS Burlingame Community Center (~36,000 SF, two stories) • Large divisible community hall (220 banquet capacity), catering kitchen, arts rooms, dance room, senior lounge, teen lounge, childcare space, and community living room Millbrae Recreation Center (~24,000 SF, two stories)
• Large divisible community hall(300 banquet capacity), demonstration kitchen, senior lounge, arts and fitness rooms, childcare space
Foster City Community Center (~38,000 SF, two stories) • Very large divisible event space (~430-475 capacity), large and small kitchens, activity and arts rooms, fitness rooms, senior lounge, childcare space
Redwood City Veterans Memorial Senior Center (~45,000 SF, two stories) • 279-seat auditorium, multipurpose rooms and wellness/ fitness areas, gymnasium, and community space.
REDWOOD CITY
BURLINGAME
FOSTER CITY
MILLBRAE
8NEWARK COMMUNITY CULTURAL ARTS CENTER City Council Meeting 10/08/26
COMMUNITY ENGAGEMENT
Online Survey 88 participants Open 8/28 through 9/20 (Newark Days 2026) Promoted through The Newark News and City social media accounts
Pop-Up Survey Posters ~475 participants Placed in Silliman Center lobby, Senior Center lobby, and at Public Works’ Newark Days table
Senior Engagement 8/28 listening session at Redeker Newark Senior Center 30-40 attendees 9NEWARK COMMUNITY CULTURAL ARTS CENTER City Council Meeting 10/08/26
PROGRAM (SPACE) PRIORITIES
Creative Arts
Studio
1 Community Event
Hall + Kitchen
2 Dance Room
3 S.T.E.M. Classroom
4 Senior Lounge
5 Music Room
6 Community Lounge
7 Community Gallery
8 Multi-Purpose
Meeting Rooms
9 3%
6%
9%
10%
10%
12%
12%
16%
20%
0 25 50 75 100 125 150 175 200
Multi-Purpose Meeting Rooms
Community Gallery
Community Lounge
Music Room
Senior Lounge
S.T.E.M. Classroom
Dance Studio
Community Event Hall
Creative Arts Studio
Votes (3 per person)
10NEWARK COMMUNITY CULTURAL ARTS CENTER City Council Meeting 10/08/26
DRAFT PROGRAM
SPACE
Entry Lobby, Social Lounge, Reception/Info
Vending
Community Event Hall w/ Raised Platform
(275 Banquet Capacity)
Green Room/Dressing Room
Catering Kitchen
Catering Kitchen Support Spaces
Multi-Purpose Meeting Rooms (2)
Conference Room
Senior Lounge
Preschool Classroom + Storage
Preschool Office + Restroom
Consultation Room
Dance Room
Music Room
Creative Arts/Ceramics Classroom
S.T.E.M. Classroom
Staff Spaces
Support + Circulation Spaces
Total 28,000 - 30,000 SF
Entry Lobby,
Lounge, Reception
Community Event
Hall w/ Platform
Catering Kitchen
Multi-Purpose
Meeting Rooms
S.T.E.M. Classroom
(Science, Tech,
Engineering, Math)
Senior Lounge
Dance Room
Creative Arts /
Ceramics
Music Room
11NEWARK COMMUNITY CULTURAL ARTS CENTER City Council Meeting 10/08/26
OUTDOOR SPACE CONNECTIONS
SPACE OUTDOOR SPACE
Entry Lobby, Social Lounge, Reception/Info Entry plaza
Community Event Hall w/ Raised Platform Event terrace
Preschool Classroom Preschool patio – secure
Dance Room Outdoor patio
Creative Arts/Ceramics Classroom Outdoor patio
S.T.E.M. Classroom Outdoor patio
Total 6,400 – 8,900 SF
Entry Plaza Event Terrace Outdoor Patio
12NEWARK COMMUNITY CULTURAL ARTS CENTER City Council Meeting 10/08/26 PROJECT BUDGET MODEL – DRAFT
DRAFT 10/08/2026 28,400 SF Program
(Preschool Moves to Silliman Center)
30,020 SF Program
(Includes Preschool Spaces)
Site 141,500 SF 141,500 SF
New Construction – Community
Cultural Arts Center 28,400 SF 30,020 SF
Total Project Budget Range Low End High End Low End High End Q3 2026 Dollars $47,500,000 $52,600,000 $49,000,000 $54,100,000 Q3 2029 Dollars
(Including escalation at 5% per annum)
$55,000,000 $60,800,000 $56,700,000 $62,600,000
Notes:
1. Conceptual budgets are for planning purposes only. They have been developed on a general cost per square foot basis without detailed site or building conditions. Depending on project specifics, actual project costs can vary dependent on market and economic factors.
2. Conceptual budgets are not necessarily comprehensive and may not include all costs, such as land purchase, structured parking, temporary facilities, etc. This conceptual project budget includes demolition of the existing Community Center and Annex. 13NEWARK COMMUNITY CULTURAL ARTS CENTER City Council Meeting 10/08/26 CHURCH
RESIDENTIAL
MacGregor
Campus
Playing Fields
(rented by City
for recreation
programs)
Newark USD
MacGregor Campus
COMMERCIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
PLAYGROUND
BUS ROUTE
BIKE ROUTE / LANE
PEDESTRIAN PATH
TENNIS
COURTS
DOG PARK
SITE BOUNDARY
BUS STOP
SITE ANALYSIS
EXISTING
COMMUNITY
CENTER
PARKING
90 SPACES
PARKING
31 SPACES
COURTS
PICNIC
AREA
MEADOW
64 SPACES
Existing parking total – 185 spaces
14NEWARK COMMUNITY CULTURAL ARTS CENTER City Council Meeting 10/08/26 SITE STRATEGY OPTIONS – ROUND 1
15NEWARK COMMUNITY CULTURAL ARTS CENTER City Council Meeting 10/08/26
EVALUATION CRITERIA
EVALUATION CRITERIA
EVALUATION
Yes
No
Somewhat
Street Presence from Intersection
Visibility of Building Entrance
Ease of Parking Circulation
Prerequisites
16NEWARK COMMUNITY CULTURAL ARTS CENTER City Council Meeting 10/08/26 SITE STRATEGY OPTIONS – REFINED
17NEWARK COMMUNITY CULTURAL ARTS CENTER City Council Meeting 10/08/26
EVALUATION CRITERIA
EVALUATION CRITERIA
EVALUATION
Yes
No
Somewhat
A1 A2 B1 B2
Street Presence from Intersection
Visibility of Building Entrance
Ease of Parking Circulation
Defined Indoor-Outdoor Patios
Views and Connection to Park
Supports Community Events in
the Park
Safety/Security
Community Event Hall Operations
A1 A2 B1 B2
Prerequisites
18NEWARK COMMUNITY CULTURAL ARTS CENTER City Council Meeting 10/08/26
EVALUATION CRITERIA
EVALUATION CRITERIA
EVALUATION
Yes
No
Somewhat
A1 A2 B1 B2
Street Presence from Intersection
Visibility of Building Entrance
Ease of Parking Circulation
Defined Indoor-Outdoor Patios
Views and Connection to Park
Supports Community Events in
the Park
Safety/Security
Community Event Hall Operations
PMT + Technical
Preferred
A1 A2 B1 B2
Prerequisites
19NEWARK COMMUNITY CULTURAL ARTS CENTER City Council Meeting 10/08/26 CHURCH
MacGregor
Campus
Playing Fields
(rented by City
for recreation
programs)
RESIDENTIAL
SITE STRATEGY – PREFERRED
DRAFT
update
PICNIC AREA 1-STORY
EVENT HALL
DRAFT
TOTAL PARKING: ~124
2-STORY COMMUNITY
CULTURAL CENTER
SERVICE
DROP OFF
FIRE
ACCESS
PASSENGER
DROP OFF
A1
DOG PARK
Newark Blvd. parking lot:
Additional 64 spaces
20NEWARK COMMUNITY CULTURAL ARTS CENTER City Council Meeting 10/08/26
EXTERIOR DESIGN VALUES PREFERENCES
Indoor-Outdoor Connections
Nature-Inspired Natural + Warm
Welcoming Entry
1 2
3 4
4%
6%
6%
6%
9%
13%
15%
17%
24%
0 25 50 75 100 125 150 175 200
Colorful + Bold
Other
Sleek + Transparent
Civic Landmark
Showcase Sustainability
Welcoming Entry
Indoor-Outdoor Connections
Natural + Warm
Nature-Inspired
Votes (3 per person)
21NEWARK COMMUNITY CULTURAL ARTS CENTER City Council Meeting 10/08/26
INTERIOR DESIGN VALUES PREFERENCES
Cozy
Nature-Inspired Calm
Playful
1 2
3 4
5%
5%
7%
9%
11%
12%
14%
17%
19%
0 20 40 60 80 100 120 140
Sleek
Bold
Dynamic
Culturally Rich
Transparent
Playful
Cozy
Calm
Nature-Inspired
Votes (3 per person)
22NEWARK COMMUNITY CULTURAL ARTS CENTER City Council Meeting 10/08/26
NEXT STEPS
Group 4’s Next Steps Incorporating Council’s feedback today, develop the draft report Council presentation for adoption in November City’s Next Steps
THANK YOU!