Newark City Council
October 8, 2026

Regular Meeting Agenda
Thursday, October 8, 2026
7:00 P.M.

The City Council will hold a hybrid meeting in the Council Chambers and virtually via Zoom.

How to observe the Meeting:

1. Cable Channel 30

2. YouTube Live stream
How to provide live Public Comment during the City Council Meeting:

1. Participate in the Council Chambers.

2. Join remotely using Zoom. Meeting ID: 898 1147 6055.

To request to speak, use the “raise hand” function in Zoom.

3. Join by Phone: Dial 1-669-444-9171. Meeting ID: 898 1147 6055.

Press *9 to request to speak and *6 to unmute/mute.

How to submit written Public Comment:

Please submit email comments to the [email protected] by 3:00 p.m. on the day of the meeting, including the corresponding agenda item number. Comments will be shared with the City Council and made available for public viewing.

A. ROLL CALL
B. PRESENTATIONS

1. Proclaiming Hispanic and Latino Heritage Month

2. Proclaiming October as Promotores Month
October 8, 2026 City Council Regular Meeting                                                                 Page Number 1 of 4

3. Proclaiming National Arts and Humanities Month

4. Proclaiming National Manufacturing Week 2026

5. Proclaiming Unity Day - Bullying Awareness and Prevention Day

6. Introduction of Employees
C. PUBLIC COMMENT
The public is invited to address the City Council on any item not listed on the agenda. Public comments are generally limited to five minutes per speaker.

The Presiding Officer may reduce the time allotted for each speaker as needed. Please note that State law prohibits the Council from taking action on items not listed on the agenda.

D. CONSENT CALENDAR
Consent Calendar items are considered to be routine and may be approved by one motion. There will be no separate discussion on these items unless there is a request by a Council Member, a staff member, or a member of the public to remove an item for separate discussion and action.

1. Approval of Audited Demands

2. Approval of September 24, 2026, City Council Minutes

3. Waive further reading and adopt an ordinance amending the amending Title 17 (Zoning) of the Newark Municipal Code adding Chapter 17.28 (Residential and Residential Mixed-Use Design Standards) and Chapter 17.42 (Reasonable Accommodation) and amending Division II (Base and Overlay Districts), Chapter 17.17 (General Site Regulations), Chapter 17.21 (Landscaping), Chapter 17.23 (Parking and Loading), Chapter 17.34 (Design Review), Chapter

17.37 (Waivers), and Chapter 17.46 (Definitions), generally affecting development and design standards for residential and residential mixed-use development

4. 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

5. Adopt a resolution authorizing the City Manager or Public Works Director to October 8, 2026 City Council Regular Meeting                                                                 Page Number 2 of 4

5. 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

6. Adopt a resolution amending the 2024 Conflict of Interest Code for Nonelected Officials and Designated Employees and adopting the 2026 Conflict of Interest Code
E. PUBLIC HEARINGS

1. 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
F. GENERAL BUSINESS / NON-CONSENT ITEMS

1. Work session, informational update and direction on the preliminary planning, programming, and site feasibility for the Newark Community Cultural Arts Center
G. CITY MANAGER UPDATES
H. CITY COUNCIL MATTERS
City Council Members report on attendance at intergovernmental agency meetings, conferences, and seminars since the last meeting. City Council Members may also announce upcoming events and coordinate attendance; report on local events attended since the last meeting; and make brief comments on issues of concern.

I. CLOSED SESSION
J. ADJOURNMENT

MEETING INFORMATION
October 8, 2026 City Council Regular Meeting                                                                 Page Number 3 of 4

MEETING INFORMATION
Accessibility
This meeting is wheelchair accessible. For special accommodations, contact the City Clerk’s Office at (510) 578-4266 or [email protected] at least 72 hours in advance.

Council Meeting Materials
Agenda packets are generally posted on the City website by the Friday before the meeting, and at least 72 hours before regular meetings or 24 hours before special meetings. Supplemental materials released later are available for public viewing at City Hall, 37101 Newark Boulevard,  during regular business hours. City Council agendas are available at newarkca.gov/councilagendas. Visit the Agenda Translation Webpage to view the agenda in your preferred language.

Policy on Telephonic/Internet Service Disruption (SB 707) The Council’s policy outlines procedures for handling disruptions to telephonic or internet service during meetings, including recess requirements and steps to restore access.

Certification of Meeting Notice and Agenda Posting
This notice and agenda were posted on the City’s website  newarkca.gov/councilagendas and at the City Hall bulletin board located at 37101 Newark Boulevard, Newark, CA, at least 72 hours prior to the meeting date, in accordance with the Ralph M. Brown Act.
/s/ Neetu Salwan, CMC, City Clerk
Mission Statement Vision Statement
It is our mission to serve and
partner with our community to
continually enhance the quality of
life of everyone in Newark.

We are a welcoming city…
…where it is safe to live, to play, and to raise children. …where diverse and energetic people strive to live in harmony. …that cherishes small town values and also enjoys being progressive. …where educational programs are available and first-rate. …where cultural and recreational opportunities are plentiful and spiritually enriching. …with residents filled with civic pride, social concerns, and community involvement. …with tree-lined streets and a diverse system of parks and open spaces. …where economy is strong and vital and provides jobs.
…where government is financially stable, accessible, and responsive. …that provides timely, accurate, and transparent communication. …that is well-planned, well-managed, and well-maintained.

SENIOR STAFF MEMBERS
David J. Benoun
City Manager
Lenka Hovorka
Assistant City Manager
Kristopher J. Kokotaylo
City Attorney
Steven Turner
Community Development Director
Jonathan Arguello
Police Chief
Krysten Lee
Finance Director
Brittney Frye
Human Resources Director
Edwin Miranda
Chief Information Officer/Information Technology Director Howard Young
Public Works Director
Ryan Nishimoto
Alameda County Fire Department Deputy Chief
Roya Gonzalez
Strategic Initiatives Manager
Alicia Day
Recreation and Community Services Director
Neetu Salwan
City Clerk
Colleen Lettire
Communications and Public Engagement Manager
October 8, 2026 City Council Regular Meeting                                                                 Page Number 4 of 4 Item  B. 1.

DATE 10/08/2026
TO Honorable Mayor and City Council Members
FROM Neetu Salwan, City Clerk
SUBJECT    Proclaiming Hispanic and Latino Heritage Month National Hispanic and Latino Heritage Month is annually observed from September 15 to October 15 in the United States to recognize the contributions and influence of Hispanic and Latino cultures to the nation's achievements, culture, and history.  A proclamation has been prepared and Edda Rivera with Promotores; Jacinta Arteaga, Boarad Chair with Avanzando; and Elizabeth Venegas with Puente will be at the meeting to accept it.

Attachments
Attachment 1 - Proclamation No. 1993
PROCLAMATION NO. 1993

PROCLAIMING HISPANIC AND LATINO HERITAGE MONTH
WHEREAS, each year, Americans observe National Hispanic Heritage Month by celebrating the histories, cultures, and contributions of American citizens whose ancestors came from Spain, Mexico, the Caribbean, and Central and South America; and WHEREAS, Hispanic Heritage Month began as Hispanic Heritage Week under President Lyndon B. Johnson in 1968 and was expanded by President Ronald Reagan in 1988 to a month starting on September 15th and ending on October 15th; and WHEREAS, Hispanic and Latino Americans have had a profound and positive influence on our country through their strong commitment to family, faith, hard work, and service and have enhanced and shaped our national character with centuries-old traditions that reflect the multiethnic and multi-cultural customs of their community; and WHEREAS, 68 million people are of Hispanic or Latino origin today, making them the second-largest ethnic group in the United States. This represents a significant increase from the year 2000 when the Hispanic and Latino population registered at 35.3 million; and WHEREAS, there are over 15.7 million Hispanic and Latino Americans in California and 13,500 in Newark, making them 28.6 percent of our population; and WHEREAS, Hispanic and Latino Americans have contributed to the development and success of California by playing major roles in building this state through agriculture, medicine, science, military and armed forces, entertainment, business, education, civil rights, politics, and sports;
NOW, THEREFORE, I, Michael K. Hannon, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby proclaim September 15 to October 15, 2026, as

HISPANIC AND LATINO HERITAGE MONTH
in Newark and encourage all members of the community to share in this annual event by learning about and celebrating the generations of Hispanic and Latino Americans who have positively influenced and enriched our society.

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

MICHAEL K. HANNON
Mayor
Item  B. 2.

DATE 10/08/2026
TO Honorable Mayor and City Council Members
FROM Neetu Salwan, City Clerk
SUBJECT    Proclaiming October as Promotores Month
The Promotores Network plays an invaluable role in making the City of Newark a more welcoming place to live.  Promotores are Spanish-speaking members of our community who are trained to be advocates in the community and to identify solutions to community needs.  A proclamation declaring October as Promotores Month has been prepared and will be presented to Edda Rivera from Promotores at the City Council meeting.

Attachments
Attachment 1 - Proclamation No. 1994
PROCLAMATION NO. 1994
PROCLAIMING OCTOBER 2026

PROMOTORES MONTH
WHEREAS, Promotores are Spanish-speaking community members who are trained to be advocates who create solutions to community needs; and WHEREAS, the Promotores Network plays an invaluable role in making the City of Newark a more welcoming place; and
WHEREAS, the Newark Promotores Network acts as intermediaries between healthcare, social services, and educational institutions and the Latino community. They provide information, referrals, and training to ensure access to these vital services; and WHEREAS, the Newark Promotores Network's work is grounded in strong cultural values, including a deep appreciation for personal relationships and an eagerness to help and support each other in a new community; and
WHEREAS, as they learn to navigate a new culture and community, the Newark Promotores Network becomes guides to other families new to our City. The Newark Promotores Network is like an extended family providing social and emotional support to each other; and
WHEREAS, October 2026 has been designated as Promotores Month.

NOW, THEREFORE, I, Michael K. Hannon, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby proclaim October 2026 as

PROMOTORES MONTH
in Newark and thank the Newark Promotores Network for the compassion and commitment they show to the Newark community. They are role models for all of us on how to nurture the health, safety, and educational and financial well-being of the most underserved families.

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

MICHAEL K. HANNON
Mayor
Item  B. 3.

DATE 10/08/2026
TO Honorable Mayor and City Council Members
FROM Neetu Salwan, City Clerk
SUBJECT    Proclaiming National Arts and Humanities Month National Arts and Humanities Month (NAHM) is a month-long celebration held every October to recognize the importance of arts and culture in America.  A proclamation has been prepared and Recreation Supervisor I Jessennia Taimani will be at the meeting to accept it.

Attachments
Attachment 1 - Proclamation No. 1996
PROCLAMATION NO. 1996

NATIONAL ARTS AND HUMANITIES MONTH
OCTOBER 2026
WHEREAS, the City of Newark strongly supports National Arts and Humanities Month in October, the largest annual celebration for the arts and humanities in the nation, recognized by states, counties, and cities throughout the United States for three decades; and WHEREAS, the City of Newark celebrates the arts and humanities as important parts of our lives that create connections, promote well-being, and make our society healthier and stronger; and WHEREAS, the arts and humanities tell our stories, encouraging freedom of expression that empowers everyone to think and speak creatively for the collective good; and WHEREAS, businesses focusing on the arts and humanities are among the most vital sectors of our local, state, and national economy, supporting thriving communities by creating opportunities and jobs; and
WHEREAS, the City of Newark adopted its first Public Art Master Plan in 2001, establishing a vision and framework for how public art can enliven the city and reflect its diverse culture; and WHEREAS, following a highly successful community outreach process, the updated Public Art Master Plan was adopted by the Newark City Council in June 2024, reinforcing the City’s commitment to integrating art into public spaces and enhancing civic life; and WHEREAS, the Public Art Master Plan vision is that all residents and visitors in Newark experience public art as part of their daily lives and throughout all neighborhoods, celebrating the City’s history, people, natural environment, and culture; and
WHEREAS, the City of Newark supports the arts and humanities together with the Alameda County Arts Commission and the Alameda County City-Level Arts Partnership Network, which includes city arts commissions and councils throughout the County.

NOW, THEREFORE, BE IT RESOLVED, that I, Michael K. Hannon, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby proclaim October as

NATIONAL ARTS AND HUMANITIES MONTH
and encourage our community members to celebrate and promote the arts and humanities throughout our city and the region.

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

MICHAEL K. HANNON
Mayor
Item  B. 4.

DATE 10/08/2026
TO Honorable Mayor and City Council Members
FROM Neetu Salwan, City Clerk
SUBJECT    Proclaiming National Manufacturing Week 2026 National Manufacturing Week 2026 begins on the first Friday in October and continues for a week honoring the contributions of the manufacturing sector by sharing information about the work done in the last year and its impact on the economy. This year, National Manufacturing Week takes place from October 2 through 9, 2026. A proclamation has been prepared and Management Analyst I Morgan Pedersen and members of the business community will be at the meeting to accept it.

Attachments
Attachment 1 - Proclamation No. 1995
PROCLAMATION NO. 1995

NATIONAL MANUFACTURING WEEK
WHEREAS, manufacturing is the backbone of America, powering our economy, strengthening the middle class and driving investment, innovation, and economic growth; and WHEREAS, we celebrate all that is made in America and recognize the manufacturers who produce the food we eat, the clothing we wear, the technology we use, and other goods essential to our daily lives and national economy; and
WHEREAS, the manufacturing industry employs over 12 million Americans nationwide including over 300,000 residents across the Bay Area, providing quality jobs to communities across the country and region; and
WHEREAS, manufacturing continues to evolve through advanced technologies, driving a more sustainable, efficient, and competitive future; and WHEREAS, the City of Newark was born from manufacturing innovation, such as salt production and the creation of the Wedgewood stove, and continues to be home to countless manufacturers that strengthen the local economy and improve quality of life; and WHEREAS, Manufacturing Week provides an opportunity to recognize Newark’s manufacturers, highlight career opportunities, and deepen our understanding of the important role manufacturing plays in our community.

NOW, THEREFORE, I, Michael K. Hannon, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby proclaim Monday, October 5, 2026, through Friday, October 9, 2026, as

MANUFACTURING WEEK
in the City of Newark and encourage everyone to celebrate and appreciate the manufacturing workers and innovators who contribute to the prosperity of our community.

IN WITNESS THEREOF, I have hereunto set forth my hand and caused the Official Seal of the City of Newark to be affixed this Eighth Day of October, Two Thousand Twentysix.

MICHAEL K. HANNON
Mayor
Item  B. 5.

DATE 10/08/2026
TO Honorable Mayor and City Council Members
FROM Neetu Salwan, City Clerk
SUBJECT    Proclaiming Unity Day - Bullying Awareness and Prevention Day October 21, 2026, is Unity Day - Bullying Awareness and Prevention Day, a day that promotes bullying awareness and prevention. A proclamation has been prepared and members of the Silliman Activity and Family Aquatic Center will accept it at the City Council meeting.

Attachments
Attachment 1 - Proclamation No. 1999
PROCLAMATION NO. 1999
UNITY DAY – BULLYING AWARENESS AND PREVENTION DAY
WHEREAS, Unity Day, the national day of anti-bullying awareness, brings together students, educators, and communities across the United States to stand against bullying and promote kindness, acceptance, and inclusion; and WHEREAS, Unity Day will be celebrated in Newark on October 21, 2026; and
WHEREAS, the City of Newark wishes to join communities nationwide in recognizing the importance of creating safe, welcoming environments for all individuals, particularly children and young people; and WHEREAS, the residents of Newark have long demonstrated a commitment to the values of compassion, respect, and dignity for every person, regardless of background or circumstance; and
WHEREAS, the City of Newark encourages all schools, organizations, and individuals to wear orange on Unity Day as a symbol of solidarity against bullying and in support of a kinder, more inclusive community.

NOW, THEREFORE, I, Mayor Michael K. Hannon Mayor of the City of Newark, on behalf of the Newark City Council, do hereby proclaim October 21, 2026, as
UNITY DAY – BULLYING AWARENESS AND PREVENTION DAY
in the City of Newark and ask everyone in the City of Newark to wear orange, stand together, and reaffirm our shared commitment to ending bullying and fostering a community where every person feels safe, valued, and respected.

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

MICHAEL K. HANNON
Mayor
Item  B. 6.

DATE 10/08/2026
TO Honorable Mayor and City Council Members
FROM Neetu Salwan, City Clerk
SUBJECT    Introduction of Employees
The following employees will be introduced at the City Council meeting:

Assistant Engineer Naomi Kaw
Police Officer Camden Birkeland
Police Officer Chris Vuong
Principal Civil Engineer Michael Fu
Public Works Inspector Danny Winn
Senior Civil Engineer Douglas Belcik
Item  D. 1.

DATE 10/08/2026
TO Honorable Mayor and City Council Members
FROM Krysten Lee, Finance Director
SUBJECT    Approval of Audited Demands
Attachments
Attachment 1: Audited Demands 09.10.26
Attachment 2: Audited Demands 09.17-09.18.26

Item  D. 2.

DATE 10/08/2026
TO Honorable Mayor and City Council Members
FROM Neetu Salwan, City Clerk
SUBJECT    Approval of September 24, 2026, City Council Minutes Approval of the September 24, 2026, City Council Minutes for the regular meeting.

Attachments
Attachment 1: September 24, 2026 Regular Meeting Minutes Thursday, September 24, 2026, Regular Meeting Draft Minutes Page 1 of 4

CITY OF NEWARK

CITY COUNCIL REGULAR MEETING
Council Chambers, 37101 Newark Boulevard, Newark, CA 94560 | (510) 578-4266 | E-mail: [email protected] Teleconference Location: Council Member Grindall participating remotely from Hotel Lulu, 1850 S Harbor Boulevard, Anaheim, California 92802

DRAFT MINUTES
Thursday, September 24, 2026
7:00 P.M.

A. ROLL CALL
Mayor Hannon called the meeting to order at 7:04 p.m. Vice Mayor Jorgens, Council Members Grindall (participating remotely), Catancio, and Little were present.

B. PRESENTATIONS

1. Proclaiming National CERT Week
Mayor Hannon presented a proclamation to Emergency Coordinator Ricardo Martinez and CERT members: Sam Elbandak, Rudy Kelly, Todd Stewart, and Jared Schwalb.

2. Proclaiming September as National Preparedness Month Mayor Hannon presented a proclamation to Emergency Coordinator Ricardo Martinez C. PUBLIC COMMENT
No one from the audience requested to speak.

Item H.1 was taken out of order and heard before the Consent Calendar.

H. CITY COUNCIL MATTERS

1. Adopt a resolution approving the Mayor’s appointment to the Public Art Committee Resolution No. 11897
Mayor Hannon provided introductory remarks.

No one from the audience requested to speak.

Council Member Little moved, Vice Mayor Jorgens seconded, to adopt a resolution to appoint Mariana Lucchesi Leite Naveca to the Public Art Committee for a term expiring September 24, 2030. The motion passed, 5 AYES.

D. CONSENT CALENDAR
Council Member Grindall asked that Item No. D.3 be pulled for further discussion.

Vice Mayor Jorgens asked that Item No. D.4 be pulled for further discussion.

Thursday, September 24, 2026, Regular Meeting Draft Minutes Page 2 of 4 Council Member Little asked that Item No. D.7 be pulled for further discussion.

No one from the audience requested to speak.

Council Member Catancio moved, Vice Mayor Jorgens seconded, to approve Consent Calendar items D.1, D2, D.5, D.6, and D.8, that the resolutions be numbered consecutively, and that reading of the titles suffice for adoption. The motion was passed 5 AYES.

1. Approval of Audited Demands

2. Approval of September 10, 2026, City Council Minutes

5. Adopt a resolution authorizing an agreement with Advanced Exercise Fitness Solutions for Fitness Equipment and Flooring Replacement at the George M. Silliman Community Activity Center and amending the 2026-2028 Biennial Budget and Capital Improvement Plan Resolution No. 11892

6. Adopt a resolution approving and authorizing the acceptance of the 2026-2027 Selective Traffic Enforcement Program (STEP) federal grant through the State of California Office of Traffic Safety (OTS) and amending the 2026-2028 Biennial Budget
Resolution No. 11893

8. Adopt a resolution amending the Citywide Salary Schedule to change the classification title of Maintenance Superintendent to Public Works Maintenance Manager in conformance with California Code of Regulations, Title 2, Section 570.5
Resolution No. 11895

NONCONSENT

3. Waive further reading and adopt an ordinance amending Chapter 2.09 of the Newark Municipal Code ("City Councilmembers-Compensation") to increase the salaries of the Mayor and City Councilmembers
Ordinance No. 568
Council Member Grindall pulled Item D.3 to vote against the item.

No one from the audience requested to speak.

Council Member Little moved, and Vice Mayor Jorgens seconded, amending Chapter 2.09 of the Newark Municipal Code ("City Councilmembers-Compensation") to increase the salaries of the Mayor and City Councilmembers. The motion was passed by the following votes: AYES: Catancio, Little, Jorgens, Hannon; NOES: Grindall.

7. Adopt a resolution authorizing the City Manager to execute the Fourth Amendment to the Contractual Services Agreement with Granicus LLC in an additional amount of $13,031.92 for website maintenance, hosting, and licensing services
Resolution No. 11894
Council Member Little pulled Item D.7 inquiring if the fee was a one-time charge or an annual increase. Staff clarified that it was a one-time fee for a one-year contract extension.

Thursday, September 24, 2026, Regular Meeting Draft Minutes Page 3 of 4 No one from the audience requested to speak.

Council Member Little moved, and Vice Mayor Jorgens seconded, to adopt a resolution authorizing the City Manager to execute the Fourth Amendment to the Contractual Services Agreement with Granicus LLC in an additional amount of $13,031.92 for website maintenance, hosting, and licensing services. The motion was passed 5 AYES.

4. Waive further reading and adopt an ordinance amending the Newark Zoning Map to include specific additional parcels in the -BRH Overlay District to comply with state law and ensure consistency among the City's code
Ordinance No. 567
Vice Mayor Jorgens pulled Item D.4 to recuse himself due to a conflict of interest and left the City Council Chambers.

No one from the audience requested to speak.

Council Member Little moved, and Council Member Catancio seconded, amending the Newark Zoning Map to include specific additional parcels in the -BRH Overlay District to comply with state law and ensure consistency among the City's code. The motion was passed by the following votes:

AYES: Grindall, Catancio, Little, Hannon; RECUSED: Jorgens.

Vice Mayor Jorgens returned to the Council Chambers.

E. PUBLIC HEARINGS
None.

F. OTHER BUSINESS

1. Year-end budget review and adoption of a resolution amending the 2024–2026 Biennial Budget and Capital Improvement Plan for fiscal year 2025–26
Resolution No. 11896
City Manager Benoun provided introductory remarks and project background.

Deputy Finance Director Gloria Del Rosario gave the presentation. The presentation is on file with the City Clerk.

No one from the audience requested to speak.

The City Council asked clarifying questions and held discussion.

Council Member Little moved, and Council Member Catancio seconded, to adopt a resolution amending the 2024–2026 Biennial Budget and Capital Improvement Plan for fiscal year 2025–26.

The motion was passed 5 AYES.

G. CITY MANAGER UPDATES
City Manager Benoun announced:

1. Coffee with a Cop: Join the Newark Police Department in celebrating National Coffee Day on Tuesday, September 29, from 11:30 a.m. to 1:30 p.m. at Shibam Coffee Co. in Newark.

Thursday, September 24, 2026, Regular Meeting Draft Minutes Page 4 of 4

2. Free Document Shredding Event: Open to Newark residents only. No appointment is necessary.

The event will be held Saturday, October 3, from 9:00 a.m. to 12:00 p.m. at 37440 Filbert Street, Newark.

3. Rental Housing Inspection Pilot Program: The City has launched its Rental Housing Inspection Pilot Program and is currently inspecting 64 rental units using a 74-item checklist based on city and state requirements. The pilot will help the City assess rental housing conditions and determine resources needed for a potential citywide inspection program, with the review expected to be completed in early 2027.

H. CITY COUNCIL MATTERS
Council Member Grindall reported attending the League of California Cities Annual Conference and noted that a resolution regarding local control over land use decisions would be considered and next year’s conference will be held in San Jose. He also commended the Newark Days event.

Council Member Little reported that 47 books had been donated for the new Elmwood Correctional Facility library and noted plans to seek additional donations. She announced the second annual Heroes in the Community event, scheduled for the following Saturday, October 3, from 10:00 a.m. to 1:00 p.m. at the Silliman Center. She recognized Newark CERT and thanked City staff and volunteers for their contributions to Newark Days and commented on the time capsule. She also announced an upcoming haunted house fundraiser benefiting Newark’s Deaf adult community and the grand opening celebration of the Tri-City Athletic Center expansion.

Council Member Catancio commented on the Newark Days event and time capsule, noting the participation of community members, students, and seniors. She noted that she would attend the Heroes in the Community event on October 3 and the Science in the Park event at Cal State East Bay.

Vice Mayor Jorgens reflected on Newark’s 71st anniversary of incorporation and discussed the City’s history with flood control efforts in the early 1950s. He noted differing levels of support for flood control bonds among communities in Washington Township and the two-thirds voter approval requirement. He noted that the bonds were ultimately approved in 1955 and discussed the historical significance of Newark’s incorporation and local decision-making.

Mayor Hannon echoed his colleagues’ comments regarding Newark Days and thanked the volunteers, particularly Lori Gratz, and City staff for their contributions. He also recognized the Optimist Club for purchasing and installing a Little Free Library at Birch Grove Park, thanked Public Works staff for the installation, and emphasized the importance of encouraging children to read.

I. CLOSED SESSION
None.

J. ADJOURNMENT
Mayor Hannon adjourned the meeting at 8:05 p.m.
_____________________________
Neetu Salwan, City Clerk
Item  D. 3.

DATE 10/08/2026
TO Honorable Mayor and City Council Members
FROM Carmelisa Lopez, Senior Planner
SUBJECT    Waive further reading and adopt an ordinance amending the amending Title 17 (Zoning) of the Newark Municipal Code adding Chapter 17.28 (Residential and Residential Mixed-Use Design Standards) and Chapter 17.42 (Reasonable
Accommodation) and amending Division II (Base and Overlay Districts), Chapter 17.17 (General Site Regulations), Chapter 17.21 (Landscaping), Chapter 17.23 (Parking and Loading), Chapter

17.34 (Design Review), Chapter 17.37 (Waivers), and Chapter

17.46 (Definitions), generally affecting development and design standards for residential and residential mixed-use development The ordinance was introduced at the September 10, 2026, City Council meeting. A second reading of the ordinance is required prior to adoption.

At this meeting, the City Council requested that staff provide data on the City’s average development project review times. Staff compiled data from major development projects with a residential component submitted since 2020 and identified nine such projects. These projects comprise a mix of rental and condominium dwelling units and include single-unit and townhouse subdivisions, multi-unit development, and mixed-use development.

The average entitlement process for these projects was 23 months, consisting of an average of 11 months of staff review and processing time and an average of 12 months of applicant response time (the time applicants spent addressing the City's comments).

Of the nine projects:
•    One project has completed construction;
•    Two projects are under construction;
•    Three projects have submitted building permits, but they have not been issued; •    Two projects have not yet requested a building permit; and •    One project is in litigation.

For the three projects that had building permits issued, the average building permit process was 22 months, consisting of an average of 9 months of staff review and processing time and an average of 14 months of applicant response time.

The one project that has completed construction had a 26-month construction period.

Its total project timeline including the entitlements, building permit, and construction stages was 52 months.

Attachments
Attachment 1: Ordinance
Attachment 2: Exhibit A - Finding of Facts
Attachment 3: Exhibit B - Ch 17.28 ODS
Attachment 4: Exhibit C - Zoning Amend_clean
Attachment 5: Exhibit D - Zoning Amend_redline
Attachment 6: Exhibit E - Ch 17.34 DR_clean
Attachment 7: Exhibit F - Ch 17.34 DR_redline
Attachment 8: Exhibit G - Ch 17.37 Waivers_clean
Attachment 9: Exhibit H - Ch 17.37 Waivers_clean
Attachment 10: Exhibit I - Ch 17.42 RA
Ordinance No. ______ 1 of 5
Z2025-004
ORDINANCE NO. ______

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWARK AMENDING TITLE 17 (ZONING) OF THE
NEWARK MUNICIPAL CODE TO ADD CHAPTER 17.28,

RESIDENTIAL AND RESIDENTIAL MIXED-USE DESIGN
STANDARDS, AND CHAPTER 17.42, REASONABLE

ACCOMMODATION AND AMEND DIVISION II, BASE AND
OVERLAY DISTRICTS, CHAPTER 17.17, GENERAL SITE
REGULATIONS, CHAPTER 17.21, LANDSCAPING, CHAPTER

17.23, PARKING AND LOADING, CHAPTER 17.34, DESIGN
REVIEW, CHAPTER 17.37, WAIVERS, AND CHAPTER 17.46,

DEFINITIONS, GENERALLY AFFECTING DEVELOPMENT

AND DESIGN STANDARDS FOR RESIDENTIAL AND

RESIDENTIAL MIXED-USE DEVELOPMENT
WHEREAS, the City of Newark (the “City”) occasionally initiates amendments to the Newark Municipal Code (“NMC”) to clarify, add, or amend certain provisions to ensure that it remains current with federal and state law, internally consistent, simple to understand and implement, and relevant to changes occurring in the community; and WHEREAS, on October 26, 2023, the City Council adopted Resolution No. 11,575, adopting a general plan amendment to repeal the Fifth Cycle Housing Element for the period of 2015-2023 and adopt the Housing Element of the General Plan for the period of 2023-2031 and adopt the Safety Element of the General Plan, in compliance with State Housing Element Law; and
WHEREAS, the State has enacted laws that require approval of multi-unit and mixed-use development to be based on uniformly verifiable criteria (i.e., objective standards), and defines objective standards as those that “involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and public official before submittal” (Government Code Section 65913.4.); and
WHEREAS, state legislation has increasingly emphasized streamlined, ministerial review processes and has limited the use of subjective design standards that may delay or constrain housing development; and
WHEREAS, NMC Title 17 (“Zoning Code”) contains a mix of subjective and objective standards; and
WHEREAS, the Sixth Cycle Housing Element commits the City to developing objective Ordinance No. ______ 2 of 5
design standards (“ODS”) for single-unit and multi-unit residential development through Program H3.2 and mixed-use development through Program H3.4; and WHEREAS, the City desires to make the following amendments to the NMC: add Chapter 17.28, Residential and Residential Mixed-Use Design Standards, to establish ODS for residential and residential mixed-use development; and amend Division II, Base and Overlay Districts, Chapter 17.17, General Site Regulations, Chapter 17.21, Landscaping, Chapter 17.23, Parking and Loading, and Chapter 17.46, Definitions, to ensure consistency with Chapter 17.28; and
WHEREAS, the City also desires to amend Chapter 17.34, Design Review, to establish and refine processes for discretionary and ministerial design review and Chapter 17.37, Waivers, to allow the granting of waivers for certain ODS, and to relocate existing reasonable accommodation standards from Chapter 17.37 to a new standalone chapter, Chapter 17.42, Reasonable Accommodation; and
WHEREAS, the additions and amendments to the Zoning Code are collectively referred to as the “Zoning Text Amendment”; and
WHEREAS, the Zoning Text Amendment directly implements Program H3.2 by replacing subjective design guidelines with clear, uniformly applicable standards that support consistent and efficient project review, and Program H3.4 by expanding opportunities for residential and mixed-use development in commercial zones; and WHEREAS, the Zoning Text Amendment also advances several Housing Element programs, including Program H2.8 by clarifying design expectations for a range of residential types and by providing objective open space standards scaled to different project types and sizes; Program H2.12 by refining development standards to reduce procedural and regulatory constraints without compromising design quality and by providing objective pathways to meet required design and development criteria without unnecessary barriers; Program H3.1 by supporting streamlined ministerial approval processes for qualifying residential development consistent with state law; and Program H5.3 by allowing 100 percent affordable housing by right in the Public Facilities zoning district; and
WHEREAS, the Zoning Text Amendment is exempt from further environmental review pursuant to the California Environmental Quality Act (“CEQA”) Guidelines §15061(b)(3), as it can be seen with certainty that it will not have a significant effect on the environment, and pursuant to §21080.085, as it is a rezoning that implements the schedule of actions contained in the City’s Housing Element pursuant to Government Code §65583(c); and WHEREAS, a staff report dated July 14, 2026, and incorporated herein by reference, described and analyzed the Zoning Text Amendment for the Planning Commission; and WHEREAS, on July 14, 2026, the Planning Commission reviewed the staff report at a noticed public hearing on the Zoning Text Amendment, at which time all interested parties had the opportunity to be heard; and
Ordinance No. ______ 3 of 5
WHEREAS, following the public hearing, the Planning Commission considered the staff recommendation as provided in the staff report, adopted Resolution No. 2036 incorporated herein by reference, and transmitted the resolution to the City Council; and WHEREAS, a staff report dated September 10, 2026, and incorporated herein by reference described and analyzed the Zoning Text Amendment for the City Council; and WHEREAS, on September 10, 2026, the City Council reviewed the staff report at a duly noticed public hearing on the Project, at which time all interested parties had the opportunity to be heard; and
WHEREAS, the City Council finds that the staff report and CEQA exemptions reflect the City’s independent judgment and analysis of the proposed Zoning Text Amendment; and WHEREAS, the City Council finds that the Zoning Text Amendment meets the requisite findings of fact necessary for approval and the recommended findings of fact and determinations set forth in “Exhibit A”, attached to this Ordinance; and WHEREAS, the City’s General Plan and Zoning Code are incorporated herein by reference and are available for review at City Hall during normal business hours and on the City’s website.

NOW, THEREFORE, the City Council of the City of Newark does ordain as follows:

Section 1: That the foregoing recitals are true and correct and hereby made part of this Ordinance.

Section 2: The City Council of the City of Newark does hereby find and declare that the proposed Zoning Text Amendment embodied in this Ordinance as set forth in Exhibits B through I, attached hereto and made a part hereof by reference, is exempt from further environmental review pursuant to California Environmental Quality Act (“CEQA”) Guidelines §15061(b)(3), as it can be seen with certainty that it will not have a significant effect on the environment, and pursuant to §21080.085, as it is a rezoning that implements the schedule of actions contained in the City’s Housing Element pursuant to Government Code §65583(c).

Section 3: Pursuant to NMC §17.39.070 and 17.39.080, the City Council of the City of Newark does hereby make the findings of fact and determinations required by the NMC as set forth in Exhibit A attached hereto and incorporated herein by this reference.

Section 4. Pursuant to NMC §17.39.070 of the Zoning Code, City Council does hereby find that the Zoning Text Amendment embodied in this Ordinance as set forth in Exhibits B through I, attached hereto and made a part of by reference, which seeks to add Chapter 17.28, Residential and Residential Mixed-Use Design Standards, and Chapter 17.42, Reasonable Accommodation and amend Division II, Base and Overlay Districts, Chapter 17.17, General Site Regulations, Chapter 17.21, Landscaping, Chapter 17.23, Parking and Loading, Chapter 17.34, Design Review, Chapter 17.37, Waivers, and Chapter 17.46, Definitions, generally affecting development and Ordinance No. ______ 4 of 5
design standards for residential and residential mixed-use development is necessary and desirable to achieve the purposes of the Zoning Code of the NMC.

Section 5: The Zoning Code is hereby added and amended as shown in Exhibits B, C, E, G, and I as clean versions, and Exhibits D, F, and H, with strikeout denoting deletions and underline denoting additions.

Section 6: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Newark hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof is declared invalid or unenforceable.

Section 7: Effective Date. This Ordinance shall take effect thirty (30) days from the date of its passage. Before expiration of fifteen (15) days after its passage, this ordinance shall be published in The Tri-City Voice, a newspaper of general circulation published and printed in the County of Alameda and circulated in the City of Newark.

The foregoing Ordinance was introduced and read before the City Council of the City of Newark by at the regular meeting of the City Council of the City of Newark held on ________, ____.

This Ordinance was read at the regular meeting of the City Council held ________, ____. Council Member ________ moved that it be adopted and passed, which motion was duly seconded, and said ordinance was passed and adopted.

AYES:

NOES:

ABSENT:

SECONDED:

Ordinance No. ______ 5 of 5
APPROVED:

ATTEST: Mayor
City Clerk
APPROVED AS TO FORM:

City Attorney
Exhibits
A. Findings of Fact
B. Proposed Chapter 17.28 Residential and Residential Mixed-Use Design Standards C. Associated Zoning Code Amendments – Clean Version
D. Associated Zoning Code Amendments – Redline Version
E. Revised Chapter 17.34 Design Review – Clean Version
F. Revised Chapter 17.34 Design Review – Redline Version G. Revised Chapter 17.37 Waivers – Clean Version
H. Revised Chapter 17.37 Waivers – Redline Version
I. Proposed Chapter 17.42 Reasonable Accommodation
Z2025-004
1 Exhibit A
Findings of Fact
Pursuant to Newark Municipal Code Sections 17.39.060 and 17.39.080, the City Council of the City of Newark does hereby make the findings of fact and determinations required by the City of Newark Municipal Code.

The City Council shall not recommend approval of a zoning amendment unless the proposed amendment meets the following criteria:

A. The amendment is consistent with the general plan.

On October 26, 2023, the City Council of the City of Newark adopted Resolution No. 11,575, adopting a general plan amendment to repeal the Fifth Cycle Housing Element for the period of 2015-2023 and adopt the Housing Element of the General Plan for the Period of 2023-2031 and adopt the Safety Element of the General Plan, in compliance with State Housing Element Law.

The proposed Zoning Text Amendment (Z2025-004) is consistent with the City of Newark General Plan, including the 2023–2031 Housing Element adopted by City Council on October 26, 2023 and certified by HCD on December 21, 2023.

The Housing Element identifies 45 programs and 35 policies intended to facilitate housing production, improve affordability, and streamline development review in accordance with state housing law. The proposed amendments directly implement multiple Housing Element programs, including:

Program H3.2 (Develop objective design standards for single family and multi family developments and infill housing) by replacing subjective design standards with clear, measurable, and uniformly verifiable standards in the new Chapter 17.28, Residential and Residential Mixed-Use Design Standards;
Program H3.4 (Adjust zoning to allow mixed use in current Commercial zones) by establishing objective standards and zoning amendments that support residential and mixed-use development in commercial zones;
Program H3.1 (Streamline ministerial approval permit procedures) by developing objective design standards (ODS) and revising Chapter 17.34, Design Review, to establish and refine ministerial and streamlined review pathways for qualifying residential and mixed-use projects;
Program H2.8 (Missing Middle Housing Types) by clarifying design expectations for a range of residential development types, including single-unit, multi-unit, and missing middle housing and by providing objective open space standards that are scaled to different project types and sizes;
Z2025-004
2 Program H2.12 (Maximum Densities) by refining development and design standards to reduce procedural and regulatory constraints without compromising design quality and ensuring development standards function cohesively with base zoning standards by providing objective pathways to meet required design and development criteria without unnecessary barriers; and
Program H5.3 (Public Lands for Affordable Housing) by permitting 100 percent affordable housing by right in the Public Facilities zoning district.

B. Any change in district boundaries is necessary to achieve the balance of land uses desired by the city, consistent with the general plan, and to increase the inventory of land within a given zoning district.

There are no changes to district boundaries proposed as part of the action.

C. The amendment will promote the growth of the city in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare.

The proposed action is necessary to comply with the requirements of the City’s Housing Element of the General Plan for the period of 2023-2031, which was adopted pursuant to state law.

The creation of ODS in Chapter 17.28, Residential and Residential Mixed-Use Standards, reduces uncertainty and delays in project review, enabling more predictable and efficient processing of residential and mixed-use development.

The amendments to Chapter 17.34, Design Review, further promote orderly development by creating clearly defined discretionary and ministerial review pathways, including a local ministerial streamlined process for qualifying residential and mixed-use residential projects.

These changes improve procedural clarity, reduce processing delays, and ensure consistency with state streamlining laws.

The proposed ODS also incorporate design requirements that protect community health and welfare by mitigating impacts of higher-density development on lower-density neighborhoods.

These include ODS for building articulation, setbacks, landscaping, window placement, and site transitions to maintain privacy, reduce visual impacts, and ensure compatibility between land uses.

Additionally, amendments to Chapter 17.37, Waivers, and the creation of Chapter 17.42, Reasonable Accommodation, provide structured mechanisms for flexibility in design, while maintaining the principles of ODS and ensuring compliance with federal and state law.

Collectively, the proposed Zoning Text Amendment promotes orderly and sustainable growth by aligning the City’s zoning regulations with state law, improving the efficiency and predictability of the development review process, and ensuring that new residential and mixeduse residential development occurs in a manner that is compatible with surrounding uses and supportive of the City’s goals.

Chapter 17.28 RESIDENTIAL AND RESIDENTIAL MIXED-USE DESIGN STANDARDS (New Chapter – All Proposed Text)
Newark, California, Code of Ordinances

Chapter 17.28 RESIDENTIAL AND RESIDENTIAL MIXED-USE DESIGN STANDARDS

17.28.010 - Purpose
The specific purposes of this chapter are to facilitate the production of quality housing for all members of the community and foster pedestrian-oriented, mixed-use areas as indicated in the city’s general plan, applicable sections of the Zoning Code, and applicable specific or area plans. The objective design standards included in this chapter are intended to serve as part of a predictable, objective, and streamlined entitlement process for applicable new housing development. These standards define a set of clear and measurable design review criteria, which are available to applicants and reviewers in advance of submitting a development application. These standards complement the standards specified in the city’s Zoning Code (Newark Municipal Code Chapter 17) and further the goals, policies, and actions of the city’s General Plan, including those in the Housing Element related to housing production, zoning reform, streamlining design review, and expediting permit approval.

Additional purposes of this chapter are as follows:

A. Establish or clarify objective design standards for residential and residential mixed-use developments consistent with recognized architectural and urban design best practices for building and site design; B. Preserve and enhance the character of the city's different neighborhoods and the quality of life of city residents;
C. Ensure adequate light, air, privacy, and open space for each dwelling; and D. Ensure that the scale and design of new development and alterations to existing structures are appropriate to the physical characteristics of the site and the area where the project is proposed.

17.28.020 - Applicability
A. This chapter prescribes design standards for projects subject to objective design standards. These standards shall be used in conjunction with all other applicable sections of the Zoning Ordinance as described in subsection 17.28.020(E).

B. Projects subject to the design standards of this chapter:

1. Residential development (as defined in Chapter 17.46) in any residential district and residential developments subject to design review in any other district.

2. Residential mixed-use developments (as defined in Chapter 17.46) in any residential district and residential mixed-use developments subject to design review in any other district. This chapter shall be applied as follows:
a. If two-thirds or more of the floor area of an individual mixed-use building is dedicated to residential uses, the entire building shall be subject to the Residential and Residential Mixed-Use Design Standards.

EXHIBIT B
(New Chapter – All Proposed Text)

b. If less than two-thirds of the floor area of an individual mixed-use building is dedicated to residential uses, the Residential and Residential Mixed-Use Design Standards shall only apply to the residential component. The non-residential component shall follow the applicable design standards for the underlying zoning district.
c. If multiple buildings are proposed for a development, each building will be evaluated individually according to the criteria set in subsections (i) and (ii) above.

3. Projects subject to approval under Government Code Sections 65913.4, 65852.21, 66411.7, and 65912.100, and any other state statutes requiring use of objective design standards.

4. Additions and exterior modifications to existing residential and residential-mixed use developments.

The new portion of any additions and exterior modifications to existing residential and residential mixed-use developments shall be subject to the design standards of this chapter. a. Exceptions. Ground floor additions that do not face a public street and comprise less than fifty percent of the proposed total floor area shall be exempt from this chapter.

C. Design standards based on the number of residential units:

1. Single- to four-unit design standards shall apply to residential and residential mixed-use developments (pursuant to subsection 17.28.020(A)) with one to four units on a single parcel, regardless of how multiunit development is defined in Chapter 17.45 - Use Classifications.

2. Five or more-unit design standards shall apply to residential and residential mixed-use developments (pursuant to subsection 17.28.020(A)) with five or more units on a single parcel or five or more attached units on any number of parcels.

3. When design standards applicable to residential and residential mixed-use developments are not delineated as applying to only single- to four-unit developments or five or more units, those standards shall apply to all residential and residential mixed-use developments (in accordance with subsection

17.28.020(A)) regardless of the number of units.

D. Exceptions and Waivers. To grant limited relief from some requirements of this chapter, when so doing would be consistent with the purposes of this chapter, the following exceptions and waivers are allowed:

1. Exceptions. Exceptions to eligible design standards contained and as prescribed in this chapter may be approved by the Zoning Administrator.

2. Waivers. Projects requesting a waiver of eligible design standards contained and as prescribed in this chapter shall follow the waiver procedures prescribed in Chapter 17.37.

3. Residential and residential mixed use developments qualifying for a density bonus pursuant to California Government Code Section 65915 and Chapter 17.19 may be entitled under those provisions to additional units, incentives or concessions, development standard waivers, or parking reductions. If there is a conflict between additional units, incentives or concessions, development standard waivers, (New Chapter – All Proposed Text)

or parking reductions granted to the development through the density bonus process, the density bonus process approvals will prevail over the standards provided herein.

E. Table 17.28.020 Applicability of Standards prescribes when the design standards contained in this chapter are used in addition to or prevail over standards defined in Base Zoning District Standards (Chapters 17.07–

17.11), Planned Development Standards (Chapter 17.12), and Overlay Zoning District Standards (Chapters

17.13–17.15), General Site Regulations Standards (Chapter 17.17), Landscaping Standards (Chapter 17.21), and Parking Area Design and Development Standards (Section 17.23.090). The table also prescribes when any objective design standard included in this chapter prevails over the standards in an adopted specific plan.

TABLE 17.28.020: APPLICABILITY OF STANDARDS
Regulation Source Applicability
Base Zoning District
Standards (Ch. 17.07–17.11)
The standards in this chapter prevail over base zoning district standards when base zoning district standards applicable to residential or residential mixed-use development are subjective, silent, or in conflict with the standards in this chapter.

Planned Development
Standards (Ch. 17.12)
The standards in this chapter prevail over planned development standards applicable to residential or residential mixed-use development when planned development standards are subjective or silent.

Overlay Zoning District
Standards (Ch. 17.13–17.15)
The standards in this chapter prevail over overlay zoning district standards when overlay zoning district standards applicable to residential or residential mixed-use development are subjective or silent.

General Site Regulations
Standards (Ch. 17.17)
The standards in this chapter shall be required in addition to the standards in Chapter 17.17 except that a standard in Section 17.28.080 Open Space of this chapter shall prevail over a standard in Chapter 17.17 that is subjective, silent, or in conflict.

Landscaping Standards (Ch.

17.21)
The standards in this chapter shall be required in addition to the standards of Chapter 17.21. Where there is a conflict between a standard of subsection

17.28.080(C) and Chapter 17.21, the standard in subsection 17.28.080(C) shall prevail.

Parking Area Design and
Development Standards
(Sec. 17.23.090)
The standards in this chapter shall be required in addition to the standards of Section 17.23.090.

Specific Plan Design
Standards
Specific plan design standards prevail over this chapter except when the specific plan refers to the zoning code for up-to-date standards. (New Chapter – All Proposed Text)

17.28.030 - Building Massing and Articulation Standards A. Single- to Four-Unit Development.

1. Massing and Articulation. For all new development and additions above the ground floor, the following standards apply:
a. Primary Articulation. Street-facing building facades shall not have any horizontal length of wall greater than thirty feet without at least one of the following treatments:
i. Change in building material for at least thirty percent of the surface area of that facade. ii. Change in wall plane depth of at least eighteen inches for at least fifteen percent of the surface area of that façade.
iii. Incorporation of bays, decks, balconies, or similar protrusions with a minimum projection from the wall plane of one foot and comprising at least ten percent of the total wall plane of the base and upper floor(s). With respect to such protrusions, the street side setback and size limitations provided in Chapter 17.17 shall not apply.

FIGURE 17.28.030(A)(1): PRIMARY ARTICULATION – SINGLE- TO FOUR-UNITS (New Chapter – All Proposed Text)

b. Secondary Articulation. No street-facing building facade shall have a continuous length of wall plane of more than twenty feet without at least one of the following treatments per every twenty feet of wall plane:
i. Window.
ii. Entry door.
iii. Change in materials.
iv. Change in wall plane of at least twelve inches.
v. Decorative shutters.
vi. Trellis.
vii. Awning, canopy, or other shading structure permanently attached to the structure.

2. Roof design. For all new development, the following standards shall apply:
a. Roof projections into setbacks as prescribed in Section 17.17.090 are permitted. b. Articulate the roof along any street facing façade using at least one of the following techniques for every forty-five linear feet of street-facing roof:
i. Include at least one architectural feature, such as but not limited to, a cornice, parapet, fascia, or projection with a minimum height of six inches.
ii. Change in the topmost roof elevation of at least twelve inches. iii. Change in the angle of the roof slope of at least fifteen degrees. iv. Change in the eave depth of at least twelve inches. v. Provide a roof dormer or gable with a minimum width equal to at least fifteen percent of the linear length of the roof line.
(New Chapter – All Proposed Text)

FIGURE 17.28.030(A)(2)-A: ROOF DESIGN – SINGLE- TO FOUR-UNITS FIGURE 17.28.030(A)(2)-B: ROOF DESIGN (SHOWING MULTIPLE DORMERS) – SINGLE- TO FOUR-UNITS (New Chapter – All Proposed Text)

B. Five or More Unit Development.

1. Projections. Projections into required setbacks for balconies and other features as prescribed in

17.17.090 are permitted.

2. Massing and Articulation. Building articulation is required for facades facing any public street or public park. Conformance with this standard shall be satisfied through the use of either vertical building variation (a) or horizontal building variation (b) as described below:
a. Vertical building variation. The façade shall be designed with a base, upper floors, and top and shall include the following (i-iii):
i. The base and the upper floor(s) shall each have a minimum height of one story. ii. The base and the upper floor(s) shall be differentiated through the use of at least two of the following approaches (1-3):

1. Change in building material for at least thirty percent of the surface area of the base or upper floors.

2. Change in wall plane depth of at least eighteen inches for at least fifteen percent of the surface area of that façade.

3. Projections and recesses. Incorporation of bays, decks, balconies, landings, permanent shading structures, or planter boxes, with a minimum projection or recess from the wall plane of eighteen inches. Incorporated projecting elements shall combine to comprise at least ten percent of the of the surface area of that façade. a. Juliet balconies and other ornamentation (columns, banding, fins, molding, artistic inlays or reliefs, sculptures, etc.) with a minimum projection from the wall plane of eight inches shall satisfy up to fifty percent of the projection or recess requirement. iii. The top shall include an architectural feature, such as but not limited to a cornice, parapet, fascia, or projection with a minimum height of eighteen inches along the entire length of the street-facing façade. Alternatively, where two architectural features are proposed to distinguish the roof from the upper floors (e.g., an upper-level and mid-level cornice), the combined height of the two features shall be a minimum of eighteen inches. (New Chapter – All Proposed Text)

FIGURE 17.28.030(B)(2)(a): VERTICAL BUILDING VARIATION – FIVE OR MORE UNIT DEVELOPMENT b. Horizontal building variation. Provide one of the following (i-iii). These features may be grouped rather than evenly spaced modules, however, there can be no length of the building to exceed seventy-five feet without at least one of the required treatments. i. Change in building material for at least thirty percent of the surface area of the façade. ii. Change in wall plane depth of at least eighteen inches for at least fifteen percent of the surface area of the façade.
iii. Projections and Recesses. Incorporation of bays, decks, balconies, landings, permanent shading structures, or planter boxes with a minimum projection or recess from the wall plane of eighteen inches. Incorporated projecting elements shall combine to comprise at least ten percent of the surface area of that façade.

1. Juliet balconies and other ornamentation (columns, banding, fins, molding, artistic inlays or reliefs, sculptures, etc.) with a minimum projection from the adjacent wall plane of eight inches shall satisfy up to fifty percent of the projection or recess requirement. (New Chapter – All Proposed Text)

FIGURE 17.28.030(B)(2)(b): HORIZONTAL BUILDING VARIATION – FIVE OR MORE UNIT DEVELOPMENT

3. Roof design. The roof design must include all of the following:
a. Roof projections into setbacks as prescribed in Section 17.17.090 are permitted. b. Roof articulation utilizing at least one of the following techniques for every seventy-five linear feet of street-facing roof line. For buildings with a roof line exceeding 150 feet, required roof articulation only needs to be provided twice:
i. Change in the topmost roof elevation or parapet elevation of at least eighteen inches within a length of seventy-five linear feet of roof line.
ii. Change in the angle of the roof slope of at least fifteen degrees. iii. Change in the eave depth of at least eighteen inches. iv. Provide roof dormers or gables with a collective minimum width equal to at least fifteen percent of the linear length of the roof line.
(New Chapter – All Proposed Text)

FIGURE 17.28.030(B)(3)(b): ROOF DESIGN – FIVE OR MORE UNIT DEVELOPMENT

17.28.040 - Building Element Standards
A. All Residential Development.

1. Building Entrances.
a. Projection or Recess.
i. Building entrances must have a roofed projection (such as a porch), or recess, or combination thereof, with a minimum depth of at least three feet and a minimum horizontal area of fifteen square feet. This requirement shall apply to a single entrance for those buildings with more than one building entrance.
ii. Roofed projections into setbacks as prescribed in Section 17.17.090 are permitted. (New Chapter – All Proposed Text)

b. Building Entrance Height Limits. For the purpose of measuring the height of the building entrance, the entrance shall be defined as any architectural element that identifies the primary entry of the structure, including but not limited to porches, canopies, covered vestibules, porticos, and archways. Measurement of the building entrance height shall not include the primary building wall or roof.
i. One- and Two-Story Structures: Entrance features must comply with all height limits and shall not exceed the height of the primary structure.
ii. Three-Story or Greater Structures: Entrance features must comply with all height limits and shall not exceed the height of five feet above the floorplate of the third floor. c. Entrance Orientation. Building entrances shall utilize one of the following approaches:
i. The entrance of at least one unit or one shared entrance for multiple units shall be oriented to face the public right-of-way, or
ii. A walkway feature within five feet of the front setback line indicating where the building entrance may be accessed from the street via a walkway shall be provided. Walkway features may be attached to or detached from the building and shall include a trellis, covered walkway, archway, or decorative posts of at least eight inches wide by eight inches deep by three feet tall. Detached walkway features located within the front yard shall have a maximum height and width of eight feet and a maximum depth of five feet per the requirements of Section

17.17.040.
d. Dwelling Unit Access. Exterior entrances to units may be in the form of individual or shared entrances.

2. Window and Balcony Placement and Design.
a. Windows. Windows facing an adjoining RS or RL district: where the face of the window is within five feet of the property line and the sill is eight or more feet above grade, no portion of windows or transparent doors may overlap any existing windows or transparent doors serving floor area within five feet of the property line on an adjacent property. i. Alternatively, windows and doors shall be etched, frosted, or in a clerestory configuration so that views into and from the window are obscured. Windows with clear glass are permitted if they are located five or more feet above any adjacent occupied floor space or face greater than forty-five degrees from parallel to the property line. (New Chapter – All Proposed Text)

FIGURE 17.28.040(A)(2)(a)-A: WINDOW AND BALCONY PLACEMENT AND DESIGN FIGURE 17.28.040(A)(2)(a)-B: WINDOW AND BALCONY PLACEMENT AND DESIGN (New Chapter – All Proposed Text)

b. Balconies. For property lines adjacent to RS and RL districts, balconies or decks shall not be located within ten feet of the property line and shall be required to have a railing of not less than fortytwo inches high that is at least fifty percent opaque. c. Window Trim. All edges of all windows facing a public street must have trim or sills of at least onehalf inch in depth or be recessed at least two inches from the plane of the surrounding exterior wall.

FIGURE 17.28.040(A)(2)(c): WINDOW TRIM OR RECESS

3. Garages and Parking Structures.
a. All Residential Development:
i. Garage façade materials, exclusive of the garage doors, shall be the same materials as the adjacent building façade.
ii. Garage lighting shall not be directed or glare onto adjacent properties. Bare light bulbs and LEDs shall be shielded from view from any adjacent public right of way, public park, or adjacent residential district.
iii. Combined garage width for any street-facing building elevation shall not exceed the lesser of fifty percent of the linear street-facing elevation or fifty feet. For lots less than fifty feet in width, the combined garage width shall not exceed sixty percent of the linear street facing elevation.
(New Chapter – All Proposed Text)

iv. Where permitted, roof-top parking shall be screened. Screening shall be a minimum of three feet in height and shall be constructed from the same building materials and color palette as the residential building.
v. A maximum of two curb cuts for vehicle access shall be provided per street facing elevation, except where additional access points are required for fire department access. vi. An external pedestrian door or gate shall be provided for each parking structure serving five or more vehicles.
vii. Any portion of a building used for parking five or more vehicles along a street-facing façade shall be screened from view or enclosed within the building in accordance with Section 17.23.090 (M).
b. Single- to Four-Unit Development:
i. For projects that provide dedicated garages for each unit, any street-facing garage door shall be recessed a minimum of eighteen inches behind the building façade closest to the street-facing property line.
c. Waivers. In accordance with the waiver procedures prescribed in Chapter 17.37, the Zoning Administrator may review and approve any plan for garages or parking structures that deviates from the above garage and parking structures standards.

FIGURE 17.28.ABC: ATTACHED GARAGES
(New Chapter – All Proposed Text)

FIGURE 17.28.ABC: GARAGE FRONTAGE

17.28.050 - Materials and colors.

A. All Residential Development.

1. Exterior Materials and Colors.
a. Materials.
i. Roofs. Cool roof membranes are only permitted on flat roofs (not exceeding a slope of ten degrees).

1. Where cool roof membranes are used at or above twenty-five feet, such areas are to be located behind a raised roof parapet with a minimum height of eighteen inches. ii. Prohibited Materials. The following materials shall be prohibited for all building exteriors:

1. T1-11 siding, except T1-11 siding is allowed on the façade of additions to one- to four-unit developments when such siding is already used on the same façade.

2. Foam trim and siding, except for use of durable foam coating for building and window trims with smooth stucco finish above the ground level

3. Mirrored glass or glazing above the ground floor.
b. Colors.
(New Chapter – All Proposed Text)

i. Building colors, excluding trim and accent colors, shall have a minimum light reflective value (LRV) of ten percent.
ii. Fluorescent, iridescent, or metallic paints are prohibited as primary building colors but may be used on trim, windows, doors, building lettering and numbering, and light fixtures. iii. For all exteriors, metal seam or other metal materials when used as roofing or siding materials shall be anodized, fluoropolymer-coated, factory painted, or pre-weathered. Copper or zinc on building exteriors shall be natural or pre-oxidized.

B. Five or More Unit Development.

1. Exterior Materials and Colors.
a. The use of stucco shall be limited to a maximum of ninety percent of the non-glazed wall plane (the total wall plane less the total surface area of any windows and doors) of any street or public park facing façade.
b. Every building shall have a palette of at least two colors, inclusive of exterior walls and finishes.

Roof and glazing material or color are excluded and do not count towards this requirement. For public street and public park facing facades, the primary exterior wall color shall not be used for more than eighty percent of the non-glazed wall plane (the total wall plane less the total surface area of any windows and doors).

C. Exceptions.

1. Existing Materials. For additions and modifications that do not replace the existing materials along a street frontage, the addition or modification may utilize the same materials and colors of the existing structure regardless of whether those materials conform to the requirements of this section.

2. Artwork. Where murals or other public art consistent with Chapter 12.36 Public Art in Public Places and Private Development are included on the building facade, the included public art is exempted from any conflicting requirements of this section.

3. Waivers. In accordance with the waiver procedures prescribed in Chapter 17.37, the Zoning Administrator may review and approve any plan that deviates from the above exterior materials and colors standards.

17.28.060 - Site design standards.

A. All Residential Development.

1. Paving.
a. The maximum amount of impervious paving in street-facing yards is fifty percent of the required yard.
(New Chapter – All Proposed Text)

2. Pedestrian Access.
a. An on-site walkway shall connect the primary entrance to a public sidewalk on each street frontage. Such walkway shall be the shortest practical distance between the main entry and sidewalk, no more than one hundred twenty-five percent of the straight line distance. b. A separate walkway shall be provided for pedestrian access. Driveways shall not satisfy this requirement.
c. Differentiated paving materials shall be used for driveway aprons, entries, and pedestrian walkways. This may include, but is not limited to, textures or colors, concrete pavers, brick, or stamped concrete.
d. Walkways shall be a minimum of three feet wide, unless required to be wider by the Building Code or some other objective standard required for safety and accessibility.

3. Parking and Driveways. In addition to the requirements of Chapter 17.23, the following shall apply. a. A minimum two-foot-wide buffer of pervious or landscaped surface shall be provided between any driveway and a side property line, except in cases where a shared driveway agreement has been established.
b. When more than one entrance/exit driveway is allowed, the number of such entrances is limited to a maximum of two per two hundred feet of street frontage. c. Single-purpose driveways shall not be created for rolling out solid waste bins or to access utility rooms. These facilities shall be accessed through internal driveway aisles or shared with the main driveway.

4. Mechanical and Electrical Equipment and Trash and Recycling Collection Areas a. Location. No Mechanical and Electrical Equipment and Trash and Recycling Collection Areas shall be located within a front yard or street facing side yard. Where utility connections or equipment must be located in street facing yards, equipment shall be screened from public rights-of-way or public parks per the screening requirements of this subsection. b. Screening. All Mechanical and Electrical Equipment and Trash and Recycling Collection Areas shall be screened or incorporated into the design of buildings so as not to be visible from public rightsof-way or adjacent residential districts. i. Screening color shall match other paint, finishes or trim colors of the building and colors and material of screening shall be consistent with all requirements of Section 17.28.050. ii. Mechanical and electrical equipment and areas to be screened include, but are not limited to, waste and recycling container storage, all roof-mounted equipment, air conditioners, heaters, utility meters, cable equipment, telephone entry boxes, backflow preventions, irrigation control valves, electrical transformers, pull boxes, and all ducting for air conditioning, heating, and blower systems.
(New Chapter – All Proposed Text)

iii. Exceptions shall be granted for utilities where such screening is prohibited by the utility provider.
b. Enclosure of Trash and Recycling Collection Areas. A covered and enclosed area shall be provided for waste and recycling container storage areas.

5. Landscaping. In addition to the requirements of Chapter 17.21, the following shall apply. a. Visibility. Landscaping shall meet visibility requirements at street intersections and driveways pursuant to Chapter 10.36, Visibility Requirements, of the Newark Municipal Code. b. Interior Property Lines Abutting RS and RL Districts. For developments greater than thirty-five feet in height, the following shall apply.
i. The area within four feet of interior property lines and across the length of the building shall be landscaped with trees, shrubs and other plantings.

1. Pedestrian walkways within this area shall be comprised of permeable surface and located in a maximum of fifty percent of such areas.

2. At least one tree of at least fifteen-gallon size shall be planted per twenty-five linear feet of wall length.

3. Maximum linear feet of wall length between any shrub, tree or other planting shall be four feet.
a. Shrubs. Shrubs shall be a minimum size of one gallon. b. Trees.

1. Selected trees shall be a minimum 15-gallon or 24-inch box size at time of planting. c. Waivers. In accordance with the waiver procedures prescribed in Chapter 17.37, the Zoning Administrator may review and approve a landscaping plan that deviates from the standards for interior property lines abutting RS and RL Districts in this subsection to allow for alternative landscape design approaches that provide a sufficient landscape buffer in cases where meeting the standards of this section may not be practicable.
c. A minimum of fifty percent of the required front yard area and fifty percent of the required street side yard area shall be landscaped.
i. A maximum of fifty percent of the required landscape area may be turf or lawn. ii. Bare dirt areas shall not be used toward the required landscaped areas. Unpaved and unplanted surfaces, such as mulch or gravel, shall not exceed more than fifty percent of the required landscape area.

6. Fences and Walls. In addition to the requirements of Section 17.17.040, the following shall apply:
a. The side of a fence facing any public right-of-way or public park must be finished. (New Chapter – All Proposed Text)

b. Fences and individual retaining walls in the front yard or street-side yard shall not exceed three feet in height, except for fences provided for required utility screening. c. Retaining walls exceeding fifteen feet in length shall be screened with a planting strip measuring a minimum of one foot in width. At time of planting, screening plants shall be a minimum of fifty percent of the height of the retaining wall.
d. Waivers. In accordance with the waiver procedures prescribed in Chapter 17.37, the Zoning Administrator may review and approve any plan for a fence or wall that deviates from the above fences and walls standards to allow for alternative fence or wall designs and dimensions that may be necessary for the security and safety of schools, day care centers, and other vulnerable populations, at the discretion of the Zoning Administrator.

7. Exterior Lighting. All exterior lighting shall be designed and installed so that light and glare are not directed onto adjoining properties or adjacent public rights-of-way, consistent with Chapter 17.24, Performance Standards.
a. All lighting fixtures shall be shielded so as not to produce obtrusive glare onto the public right-ofway or adjoining properties. “Shielded fixture” means outdoor light fixtures shielded or constructed so that all light is emitted below the lowest point on the fixture. No exposed light bulbs shall be permitted.
b. Use of uplighting is prohibited.
c. Fixtures shall not have the ability to swivel or adjust direction, except path lighting, which shall not swivel above a forty-five-degree angle from a vertical line down. d. Lighting Placement. With the exception of additional required lighting fixtures as described in the building code, the following shall apply:
i. Up to two fixtures shall be allowed at each exterior door. ii. Garage doors shall have a maximum of two fixtures.
iii. Landscape lighting shall only be permitted for navigation purposes along pedestrian paths and within driveways and parking areas.
iv. Lighting for exterior patios and dining areas shall be recessed and shielded from off-site visibility.
e. Lighting Control. Lighting controls shall be included to limit use of outdoor lighting outside of daylight hours. Controls may include manual switches, photo-cells, timers, and motion sensors, or other methods, with the following limitations:
i. Motion-sensor lights shall be triggered only by motion within a property and shall not be activated by motion in adjacent property or public rights-of-way. (New Chapter – All Proposed Text)

f. Waivers. In accordance with the waiver procedures prescribed in Chapter 17.37, the Zoning Administrator may review and approve any lighting plan that deviates from the above exterior lighting standards.

B. Five or More Unit Development.

1. Interior Pedestrian Walkways.
a. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, to all on-site open space areas and pedestrian amenities, and to the adjacent public rights-of-way.
b. Where a required walkway crosses driveways, parking areas, or loading areas, it must be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method. c. Where a required walkway is parallel and adjacent to an auto travel lane, it must be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

2. Additional Parking and Driveway Standards.
a. For corner lots, provide the vehicular and driveway access on the street with lesser pedestrian, bicycle, and vehicular circulation. Curb cuts shall be located at least twenty feet from an intersection curb return or pedestrian cross walk.
b. Uncovered parking areas shall not exceed twenty percent of the lot area. c. At grade and above ground parking that is not time-restricted shall not be located within the required setback of a street facing property line. Short-term parking such as for drop off or loading areas or timed parking for visitors are exempt from this requirement. Exceptions to locate above ground parking within the required setback may be provided when all of the following conditions are met.
i. The site does not conform to the minimum lot dimensions. ii. Surface parking areas shall be screened pursuant to the requirements of 17.23.090 (M).

3. Additional Landscaping Standards.
a. Areas along the front or street side property lines where landscaping is required per 17.21.030 may count Onsite Amenities as described in 17.28.080.C.2 (seating, outdoor dining areas, patios, or similar uses) toward the landscaping requirement.

17.28.070 - Supplemental standards for residential mixed use.

A. Ground Floor Requirements.
(New Chapter – All Proposed Text)

1. Locate the primary building entrance for commercial uses at the building edge that faces a primary street. Commercial uses shall be located within those portions of the building closest to the street.

2. A minimum of fifty percent of the ground floor street frontage shall be dedicated to active uses as permitted for the Zoning District. Active uses include eating and drinking establishments, general personal services, retail sales, cultural institutions, day care centers, park and recreation facilities, hospital and clinics, instructional services, tutoring facilities, animal care, sales and services, artist’s studio, banks and financial institutions, banquet halls, and commercial entertainment and recreation uses.
b. This requirement shall not apply to the street frontage along a freeway in NMC Chapter 17.46.

3. Entrances to residential units shall be provided separately from the entrance to non-residential uses.

4. Ground floor commercial entrances must have a roofed projection, recess, or combination thereof, with a minimum depth of at least three feet.

5. Ground floor commercial entrances shall be parallel or no more than fifteen degrees from parallel to the street except that entrances at building corners may be located at a forty-five-degree angle (plus or minus 5 degrees) from the front face of the building.

6. Building entrances for non-residential uses shall be connected to a public sidewalk by a walkway with a minimum width of three feet.

7. Building Transparency/Required Openings. Exterior walls for the ground-floor leasable area facing and within twenty feet of a front or street-side lot line shall include windows, doors, or other openings for at least fifty percent of the building wall area located between two and one-half and seven feet above the level of the sidewalk. Such walls may have a continuous length of wall plane for up to thirty feet without an opening.
a. Design of Required Openings. Openings shall have transparent glazing and provide views into the building or into window displays that are at least three feet deep. b. Waivers. In accordance with the waiver procedures prescribed in Chapter 17.37, the Zoning Administrator may review and approve a waiver to utilize opaque exterior materials outside of primary entrances, lobbies and other non-sensitive areas.

C. Drive through lanes: Drive-through lanes for commercial purposes (such as bank or restaurant drive through lanes) shall not be located between the building and primary street. (New Chapter – All Proposed Text)

FIGURE 17.28.070(A)(7): BUILDING TRANSPARENCY/REQUIRED OPENINGS D. Site Design

1. Landscaping Requirements.
a. Areas along the front or street side property lines where landscaping is required per 17.21.030 may count Onsite Amenities as described in 17.28.080(C)(2) (seating, outdoor dining areas, patios, or similar uses) toward the landscaping requirement.

17.28.080 - Open space.

A. All Residential Development.

1. Open Space. Open space shall be provided in accordance with the following standards:
a. Required open space may consist of a single area or several adjacent or separate areas. All occupants shall have access to and use of one or more such areas. b. Open space shall be enclosed on a maximum of three sides (e.g., a recessed balcony), or consist of uncovered or trellised areas that are at least 50% open to the sky above (e.g. an internal, trellised courtyard).
c. No portion of the required open space shall be used for parking or for driveways for off-street parking and loading facilities.
d. Walkways required for internal circulation shall not be counted toward the open space requirement, however, landscaped areas of at least five feet in depth and at least five feet in width bordering a walkway shall be included.
e. Open space may be located on the roof of buildings, podiums, or off-street parking facilities if accessible to all residents during daylight hours.
(New Chapter – All Proposed Text)

f. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such a surface may be any combination of lawn, landscaping, flagstone, wood planking, concrete, decking, or other dust-free surfacing. The slope shall not exceed ten percent. The horizontal surface area of a pool, fountain or similar feature shall be counted toward the required open space area.

2. Minimum Dimensions.
a. Private Open Space. Private open space (e.g., yards, decks, patios, balconies) used to satisfy required open space shall have at least one dimension of no less than five feet. The minimum area of any single area of private open space shall be fifteen square feet. b. Common Open Space. Common open space used to satisfy required open space shall have one minimum dimension (width or length) of no less than fifteen feet. The other dimensions shall be a minimum of five feet. The minimum area of any single area of required common open space shall be one hundred square feet.

B. Single- to Four-Unit Development.

1. Required Ratio. Required open space shall consist of any combination of Private and Common Open Space.

C. Five Unit and Above Development.

1. Required Ratio. A minimum of fifty percent of the required open space shall be provided as common open space.

2. Required Onsite Amenities.
a. A minimum of thirty percent of the required common open space is to be dedicated to onsite amenities, which may include but are not limited to the following permanently installed facilities:
community gardens, outdoor kitchens or BBQ areas, playgrounds, dog parks, swimming pools, exercise areas, and sports courts. Landscaping, turf or lawn areas, or open courtyard and patio seating areas that do not include onsite amenity features to encourage resident use shall not be counted toward this requirement.
b. Waivers. In accordance with the waiver procedures prescribed in Chapter 17.37, the Zoning Administrator may review and approve any plan for required amenities that deviates from the required onsite amenities standards above to allow for alternative approaches that provide required amenities in cases where meeting the specific standards of this section is not practicable.

3. Open Space Screening.
a. Private open space shall be screened by a fence not less than six feet in height when located at ground level within ten feet of a rear or interior side lot line. If more than ten feet from a rear or interior side lot line, private open space shall be separated from adjoining spaces by a fence, wall or landscape screening measuring a minimum of three feet in height that is at least fifty percent opaque.

Chapter 17.07 RESIDENTIAL DISTRICTS
Newark, California, Code of Ordinances

Chapter 17.07 RESIDENTIAL DISTRICTS

17.07.010 Purpose and applicability.

The specific purposes of residential districts are to:

A. Provide for a full range of housing types consistent with the general plan; B. Preserve, protect and enhance the character of the city's different residential neighborhoods and the quality of life of city residents;
C. Ensure adequate light, air, privacy, and open space for each dwelling; D. Ensure that the scale and design of new development and alterations to existing structures are compatible with surrounding residential development and appropriate to the physical characteristics of the site and the area where the project is proposed; and
E. Provide sites for public and semi-public land uses such as parks, schools, day care, and other community uses that will serve city residents and will complement surrounding residential development.

Additional purposes of each residential district are as follows:

RS residential single family. This district is intended for residential densities up to 8.7 units per net acre. It provides for single-unit residential developments on lots typically larger than five thousand square feet. In addition to single-unit-residential development , this district provides for other compatible uses, such as schools, childcare centers, parks, and community facilities that may be appropriate in a single-unit residential neighborhood. This district implements the low density residential general plan land use designation.

RL residential low density. This district is intended for residential densities up to fifteen units per net acre.

Densities at the higher end of this range are only allowed on properties which have their primary access on an arterial or collector street. This district provides for small lot single-unit residential development, mobile home parks, and other areas characterized by a mix of older single-unit and small multi-unit buildings. These areas have the basic characteristics of single-unit neighborhoods. In addition, this district provides for other compatible uses, such as schools, childcare centers, parks, and community facilities that may be appropriate in a low-density residential neighborhood. This district implements the low-medium density residential general plan land use designation.

RM residential medium density. This district is intended for residential densities from fourteen to thirty units per net acre. Densities at the higher end of this range are only allowed on properties which have their primary access on an arterial or collector street. This district provides for garden apartments and condominiums, townhomes, row houses, four- to eight-unit residential development, and older areas that contain a mix of multiunit and single-unit residential development within this range. These areas tend to be multi-unit in character but retain some of the characteristics of suburban neighborhoods. In addition, this district provides for other compatible uses, such as schools, childcare centers, parks, and community facilities that may be appropriate in a medium density residential neighborhood. This district implements the medium density residential general plan land use designation.

EXHIBIT C

RH residential high density. This district is intended for residential densities from twenty-five to sixty units per net acre. It provides for apartment and condominium complexes that are generally three stories or more. On larger parcels with this designation, common open space and other shared amenities are typically provided. In addition, this district provides for other compatible uses, such as schools, childcare centers, parks, and community facilities that may be appropriate in a high-density residential neighborhood. This district implements the high density residential general plan land use designation.
(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.07.020 Land use regulations.

Table 17.07.020, Land Use Regulations-Residential Districts, prescribes the land use regulations for residential districts. 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. Additional regulations are denoted in the right-hand column. Section numbers in the right-hand column refer to other sections of this title.

TABLE 17.07.020: LAND USE REGULATIONS-RESIDENTIAL DISTRICTS "P" Permitted Use; "M" Minor Use Permit Required; "C" Conditional Use Permit Required; "-" Use Not Allowed Use Classification RS RL RM RH Additional
Regulations
Residential Uses
Residential Housing Types
Single-Unit Dwelling, Detached P P P P See Chapter 17.28, Residential and
Residential MixedUse Design Standards
Single-Unit Dwelling, Attached P P P P See Chapter 17.28, Residential and
Residential MixedUse Design Standards
Two-Unit Dwelling - P P P See Chapter 17.28,
Residential and
Residential MixedUse Design Standards

Multi-Unit Development
- P P P See Chapter 17.28,
Residential and
Residential MixedUse Design Standards
Accessory Dwelling Unit
P P P P See Section

17.26.040, Accessory
Dwelling Units
Guesthouse
P P P P See Section

17.26.280,
Guesthouse
Lodging House P P P P See Section

17.46.120, Lodging
House
Family Day Care
Small P P P P
Large M M M M See Section

17.26.090, Day Care
Group Residential - - M M
Residential Care Facilities
Small P P P P
Large - M M M See Section

17.26.220,
Residential Care
Facilities
Residential Facility, Assisted Living - M M M
Single Room Occupancy - - C See Section

17.26.230, Single
Room Occupancy
Units
Supportive Housing Transitional and supportive housing constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same district. Transitional Housing Public/Semi-Public Uses

Community Assembly C C C C
Community Garden P P P P See Section

17.26.080,
Community Gardens
Cultural Institutions - C C C
Day Care Centers - C C C See Section

17.26.090, Day Care
Emergency Shelter - - M P See Section

17.26.110,
Emergency Shelters
Government Offices C C P P
Hospital and Clinics
Skilled Nursing Facility - - C C
Park and Recreation Facilities P P P P
Public Safety Facilities C C P P
Schools C C C C
Social Service Facilities - - M M
Transportation, Communication, and Utility Uses
Communication Facilities
Telecommunication See Section 17.26.250, Telecommunication Facilities Public Works and Utilities C C C C
Other Applicable Types
Accessory Uses and Structures See Section 17.17.020, Accessory Buildings and Structures, and Section

17.26.030, Accessory Uses
Home Occupations See Section 17.26.140, Home Occupations Nonconforming Use See Chapter 17.22, Nonconforming Provisions 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; Ord. No. 505, § 3(Exh. A), 7-12-2018; Ord. No. 516, § 4(Exh. A), 9-26-2019)

17.07.030 Development standards.

Table 17.07.030, Development Standards-Residential Districts, prescribes the development standards for residential districts. Additional regulations are denoted in the right-hand column. Section numbers in this column refer to other sections of this title. See Section 17.07.040 and Chapter 17.28 for design standards for residential and residential mixed-use development.

TABLE 17.07.030: DEVELOPMENT STANDARDS-RESIDENTIAL DISTRICTS Standard RS RL RM RH Additional
Regulations
Lot and Density Standards
Density (units/net acre)
Maximum

8.7 11; up to 15
subject to (A)
below
22; up to 30
subject to (A)
below, 50 within
the Old Town
Specific Plan
area
60 Minimum
n/a n/a 14, 20 within the
Old Town
Specific Plan
area (B)
25 Minimum
Lot Size (sq
ft)
RS-10,000:
10,000 RS8,000: 8,000 RS7,000: 7,000 RS6,000: 6,000
6,000, 3,000 for
Single-Unit
Dwelling,
Detached
6,000 6,000
Minimum
Lot Width
(ft)
RS-10,000: 80
RS-8,000: 70
RS-7,000: 65
RS-6,000: 60
60 60 60
Minimum
Lot Depth
(ft)
100 80 100 100
Minimum
Frontage on
60 40 40 40

a Public
Street (ft)
Building Form and Location
Maximum
Height (ft)
30 (C) 35 (C) 75 (D); 48 within
the Old Town
Specific Plan
area (E)
100 (D) See Section

17.17.050, Height
and Height
Exceptions.

Minimum Setbacks (ft)
Front 20 (F) 20 (F) 5 5 See Section

17.17.090,
Projections into
Yards and Required
Building
Separations
Interior
Side
5 (G), (H) 5(G) 5(G) 5(G) See Section

17.17.090,
Projections into
Yards and Required
Building
Separations
Street
Side
10 (I) 10 (I) 5 5 See Section

17.17.090,
Projections into
Yards and Required
Building
Separations
Rear 20 15 10 10 See Section

17.17.090,
Projections into
Yards and Required
Building
Separations
Lot Coverage, Landscape, and Open Space Standards
Maximum
Lot
Coverage
(% of lot)
50 (J) 50 (J) 60 (K), 65 within
the Old Town
Specific Plan
area
60 (K)

Minimum
Landscapin
g (% of lot)
25 (L) 25 (L) 25 (M) 25 (M) At least half of the
landscape area in
RS District shall be
provided along
public rights-ofway or near
sidewalks. See
Chapter 17.21,
Landscaping. See
Chapter 17.28,
Residential and
Residential MixedUse Design
Standards
Minimum
Open Space
(sq ft per
residential
unit)
200 (N) 200 (N) 100 50 See Chapter 17.28,
Residential and
Residential MixedUse Design
Standards
Specific Requirements:

A. Additional Density, RL and RM Districts. Up to fifteen units/net acre in the RL district and up to thirty units/net acre in the RM district are allowed on properties which have their primary access on an arterial or collector street as defined in the General Plan.

B. Minimum density of twenty units/net acre in the Old Town Specific Plan area applies to lot sizes at or greater than seven thousand five hundred square feet. Properties within this district and specific plan area are not considered nonconforming based on existing residential density that is less than the base density.

C. Height limit will be increased by 5 ft if two or more primary units are provided.

D. Height limits are further reduced to: 35 ft within 10 ft of an abutting RS or RL District along an interior side property line, 35 ft within 15 ft of an abutting RS or RL District along a rear property line.

E. Within the Old Town Specific Plan area building heights are further reduced to 35 within 20 ft of an RS or RL District.

F. Front setback will be reduced by 5 ft if two or more primary units are provided.

G. Attached Single-Unit Dwellings. Required setbacks apply to the ends of rows of attached single-unit dwellings.

H. There shall be no minimum interior side setback requirement along such portions of a property line where the adjoining parcel does not require a side setback.

I. Street side setback will be reduced by 2 ft if two or more primary units are provided.

J. Maximum lot coverage will be increased to 60% if two or more primary units are provided.

K. Maximum lot coverage will be increased to 70% if at least 85% of maximum allowed density is provided. Additional limitations in the Old Town Specific Plan area still apply.

L. Minimum landscaping is decreased to 20% of lot if two or more primary units are provided.

M. Minimum landscaping is decreased to 15% of lot if at least 85% of maximum allowed density is provided. Additional limitations in the Old Town Specific Plan area still apply.

N. Open space requirement will be reduced to 100 sq. ft. if two or more primary units are provided. (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; Ord. No. 532, § 4(Exh. B), 10-14-2021)
FIGURE 17.07.030.B: ATTACHED SINGLE-UNIT DWELLINGS

17.07.040 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. 503, § 1(Exh. A), 1-25-2018; Ord. No. 516, § 4(Exh. A), 9-26-2019)

17.07.050 Supplemental regulations.

A. Parking of Commercial Vehicles Prohibited. No commercial vehicle in excess of ten thousand pounds manufacturer's gross vehicle weight rating shall be parked or stored on any lot in a residential district.

This section shall not prohibit temporary parking of any such vehicle while making pickups or deliveries or providing services for the residents of the lot on which the vehicle is parked.

B. Vehicle and Equipment Repairs or Fabrication. Repair, fabrication or other work on automobile or vehicle or equipment on residential premises shall be subject to the following conditions and restrictions:

1. Such work shall be limited to those vehicles or equipment which may be stored within a private garage upon residential premises.

2. Such work shall be done only upon such vehicles or equipment which are owned by an occupant of the residential premises.

3. Such work shall be done only between the hours of 8:00 a.m. and 8:00 p.m.

4. Such work shall not be done in a public right-of-way.

5. Storage of parts for such vehicles or equipment on the premises shall be limited to those parts reasonably necessary for the repair of the occupant's vehicle or equipment.

6. Such work shall be limited to minor repair and service on noncommercial vehicles to include such things as battery replacement, tire repair, brake servicing, changing of small parts, oil changes and lubrication, engine tune-up and similar routine maintenance and preventative maintenance work.

C. Single Family Residential Design Review Guidelines. Projects consisting of a single-unit dwelling (singleunit residential development) shall be subject to the applicable objective design and development standards in Chapter 17.28 Residential and Residential Mixed-Use Design Standards, except that projects subject to Single-Unit Design Review pursuant to Section 17.34.020 shall comply with the applicable guidelines adopted by the Planning Commission on April 24, 2007, or as amended.

Chapter 17.08 COMMERCIAL AND MIXED USE DISTRICTS

Chapter 17.08 COMMERCIAL AND MIXED USE DISTRICTS

17.08.010 Purpose and applicability.

The specific purposes of the commercial and mixed use districts are to:

A. Provide for the orderly, well-planned, and balanced development of commercial and mixed-use districts; B. Designate adequate land for a full range of local- and regional-serving retail and commercial services consistent with the general plan to maintain and strengthen the city's economic resources; C. Provide appropriately located areas for a range of commercial uses that provide for a variety of goods and services for residents, employees, and visitors;
D. Provide opportunities for a mix of complementary uses that may combine residential and non-residential uses or combine a variety of non-residential uses on the same site; and E. Promote pedestrian-oriented, mixed-use commercial centers at appropriate locations.

F. Where housing is allowed:

1. Provide for a full range of housing types consistent with the general plan;

2. Preserve, protect and enhance the character of the city's different neighborhoods and the quality of life of city residents;

3. Ensure adequate light, air, privacy, and open space for each dwelling;

4. Ensure that the scale and design of new development and alterations to existing structures are compatible with surrounding residential development and appropriate to the physical characteristics of the site and the area where the project is proposed; and Additional purposes of each commercial and mixed use district are as follows:

NC neighborhood commercial. This district is intended to provide areas for smaller-scale neighborhood shopping centers which provide goods, services, and businesses to meet the day-to-day needs of surrounding residential neighborhoods. These areas should be developed and maintained to provide convenient, walkable shopping destinations for nearby residents. As indicated in the Housing Element of the General Plan, structures that are entirely residential or entirely commercial are both permitted, but the optimal development form on larger sites includes housing located above ground level commercial. This district implements the neighborhood commercial general plan land use designation.

CMU commercial mixed use. This district is intended to support a combination of office, residential, and retail uses, with an emphasis on specialty commercial uses such as antique stores, boutiques, galleries, cafes, and restaurants. Development standards are intended to foster a walkable, pedestrian-oriented character that emphasizes a fine-grained building scale and streetscape. Structures that are entirely residential or entirely commercial are both permitted, but the optimal development form on larger sites includes housing located above ground level commercial. This district implements the commercial mixed use general plan land use designation.

CR commercial retail. This district is intended to support a pedestrian-oriented retail environment that encourages pedestrian activity. This district provides a variety of uses including, but not limited to, grocery, personal service, neighborhood serving retail, and entertainment. Development standards are intended to foster a walkable, pedestrian-oriented character that emphasizes a fine-grained building scale and streetscape. Parcels may include multiple land uses as individual buildings or within each building. This district implements the community commercial general plan land use designation.

CC community commercial. This district provides locations for services and businesses which meet the comparison shopping needs of the city's residents and workers. Such centers may include supermarkets, home improvement stores, variety stores, pharmacies, restaurants, and similar uses which serve the community. Largerscale commercial uses such as hotels and office buildings are acceptable. Structures that are entirely residential or entirely commercial are both permitted, but the optimal development form on larger sites includes housing located above ground level commercial.. This district implements the community commercial general plan land use designation.

RC regional commercial. This district is intended to support the large scale shopping facilities. It includes a broad array of goods and services, including department stores, retail shops, restaurants, entertainment facilities, and similar uses which draw patrons from throughout Newark and the surrounding region. Uses such as hotels and corporate office buildings are acceptable. Housing at densities greater than thirty units per acre are permitted to be included if such housing is a component of a vertically mixed-use building or planned development which is primarily oriented around regional retail uses. This district implements the regional commercial general plan land use designation.
(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.08.020 Land use regulations.

Table 17.08.020, Land Use Regulations-Commercial and Mixed Use Districts, prescribes the land use regulations for commercial and mixed use districts. 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-hand column refer to other sections of this title. Numbers in parentheses refer to specific limitations listed at the end of the table.

TABLE 17.08.020: LAND USE REGULATIONS-COMMERCIAL AND MIXED USE DISTRICTS "P" Permitted Use; "M" Minor Use Permit Required; "C" Conditional Use Permit Required; "-" Use Not Allowed Use Classification NC CMU CR CC RC Additional Regulations Residential Uses
Residential Housing Types

Single-Unit Dwelling, Attached P (2) P(1, 2) - - - See Chapter 17.28, Residential and
Residential Mixed-Use
Design Standards
Multi-Unit Development P (2) P(1, 2) - P (2) P (2) See Chapter 17.28, Residential and
Residential Mixed-Use
Design Standards
Family Day Care
Small - P - - -
Group Residential - M(1) - - -
Residential Care Facilities
Small - P - - -
Single Room Occupancy - C(1) - - - See Section 17.26.230, Single Room Occupancy
Units
Public/Semi-Public Uses
Colleges and Trade Schools C C C M M
Community Assembly C C C C C
Cultural Institutions M M M M M
Day Care Centers M M M M M See Section 17.26.090,
Day Care
Funeral Parlors and Interment
Services
- - - M -
Government Offices P P P P P
Hospital and Clinics
Clinic M M M M M
Instructional Services M M M M M A minimum separation
of 300 ft is required
between two
instructional services

Park and Recreation Facilities M M M M M
Parking Lots and Structures M M M M M
Public Safety Facilities P P P P P
Schools M M M M M
Social Service Facilities - M M M M
Tutoring Facilities M M M M M A minimum separation
of 300 ft is required
between two tutoring
facilities
Commercial Uses
Adult Business - - - P - See Section 17.26.050,
Adult Oriented
Businesses
Animal Care, Sales, and Services
Animal Sales and Grooming P P P P P
Boarding/Kennels - - - C C
Veterinary Services M M M M M
Artist's Studio P P P P P
Automobile/Vehicle Sales and Services
Automobile Rentals M M M M P See Section 17.26.060,
Automobile/Vehicle
Sales and Services
Automobile/Vehicle Sales and
Leasing
- - - P P
Automobile/Vehicle Service
and Repair, Minor
- - - M M
Large Vehicle and Equipment
Sales, Service and Rental
- - - - M
Service and Gas Stations C - - M M
Washing - - - M M

Banks and Financial Institutions
Banks and Credit Unions P P P P P
Check-Cashing Businesses - - - - C See Section 17.26.070, Check Cashing Business
Banquet Hall - - - - C
Business Services P P P P P
Commercial Entertainment and Recreation
Cinema/Theaters - P P P P
Indoor Sports and Recreation - - C C C
Outdoor Entertainment - - - - M
Outdoor Recreation - - - - M
Drive-Through Facility C - M M M See Section 17.26.100, Drive-In and DriveThrough Facilities
Eating and Drinking Establishments
Bars/Night Clubs/Lounges - M M M M
Restaurant, Full Service M M M M M
Restaurant, Limited Service M M M M M
Restaurant, Take-Out Only M M M M M
Farmer's Markets P P P P P See Section 17.26.120,
Farmer's Markets
Food Preparation M M M M M
Hookah Lounge - - - P - See Section 17.26.150,
Hookah Lounges
Live/Work Units P P(1, 2) - P P(2) See Section 17.26.130, Live/Work Units
Lodging
Hotels C C P P P

Motels - - - - C
Maintenance and Repair
Services

M M M M M
Nurseries and Garden Center P P P P P
Offices
Business, Professional, and
Technology

M M M M M
Medical and Dental M M M M M
Walk-In Clientele M M M M M
Personal Services
General Personal Services M M M M M See Section 17.26.200, Personal Services
Fortune, Palm, and Card
Reader
- - - P -
Massage Establishments - - C C C
Tattoo or Body Modification
Parlor
- - - P -
Retail Sales
Building Materials Sales and
Services
- - - P P
Convenience Markets P(3) P(3) P(3) M(3) M(3)
Food and Beverage Sales P(3) P(3) P(3) P(3) P(3)
Gold, Semi-Precious, Precious
Metal Buying Stores
- - - - C
General Retail P P P P P
Pawn Store - - - - C
Secondhand Store C C C C C
Tobacco Retailer - - - - C See Section 17.26.270,
Tobacco Retailers

Transportation, Communication, and Utility Uses
Communication Facilities
Telecommunication See Section 17.26.250, Telecommunication Facilities Light Fleet-Based Services C C C C C
Recycling Facility
Reverse Vending Machine M M M M M See Section 17.26.210, Recycling Facilities
Transportation Passenger
Terminals

M M M M M
Other Applicable Types
Accessory Uses and Structures See Section 17.17.020, Accessory Buildings and Structures, and Section

17.26.030, Accessory Uses
Home Occupations See Section 17.26.140, Home Occupations Live Entertainment C C C C C
Nonconforming Use See Chapter 17.22, Nonconforming Provisions 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
Specific Limitations:

1. Single-Unit Dwelling, Attached uses are not permitted in the Old Town Newark Specific Plan area.

Residential uses are not allowed on the ground floor along Newark Boulevard frontage and Thornton Avenue frontage, between the Union Pacific Railroad tracks and Olive Street.

2. Commercial ground floor areas are required pursuant to the standards established in Section 17.08.040 (F).

Residential uses are not allowed on the ground floor of any façade facing a public right of way except for live work units.

3. Conditional use permit pursuant to Chapter 17.35, Use Permits, is required for any establishment that either devotes forty percent or more of floor area or display area to, or derives seventy-five percent or more of gross sales receipts from, the sale or exchange of alcohol.

(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; Ord. No. 532, § 4(Exh. B), 10-14-2021)

17.08.030 Development standards.

Table 17.08.030, Development Standards-Commercial and Mixed Use Districts, prescribes the development standards for commercial and mixed use districts. Additional regulations are denoted in the right-hand column.

See Section 17.07.050 and Chapter 17.28 for design standards for residential and residential mixed-use development. Section numbers in this column refer to other sections of this title.

TABLE 17.08.030: DEVELOPMENT STANDARDS-COMMERCIAL AND MIXED USE DISTRICTS Standard NC CMU CR CC RC Additional
Regulations
Lot and Density Standards
Density (units/acre)
Maximum 120 120, 100
within the
Old Town
Newark
Specific Plan
area
- 120 120
Minimum 40 40, 30 within
the Old Town
Newark
Specific Plan
area
(F) 40 40
Minimum Lot Size
(sq ft)
5,000 20,000 20,000 20,000 20,000
Minimum Lot
Width (ft)
50 100 100 100 100
Height Standards
Maximum Height
(ft)
40 (D) 60 (D), 75
within the
Old Town
Specific Plan
area (G)
75 (D) 100 (D) 250 (D) See Section

17.17.050,
Height and
Height
Exceptions

Minimum Ground
Floor Height (ft)
18 18, 16 within
the Old Town
Specific Plan
area
18 18 18
Building Location Standards
Minimum Setbacks (ft)
Front 0 0 0 0 0
Interior Side 0, 20
abutting an
RS or RL
District, 5
abutting an
RM or RH
District, (E)
0, 20 abutting
an RS or RL
District, 5
abutting an
RM or RH
District, (E),
(H)
0 0, 20
abutting an
RS or RL
District (10
within the
Old Town
Specific
Plan area),
5 abutting
an RM or
RH District,
(E)
0 See Section

17.17.090,
Projections
into Yards and
Required
Building
Separations.

Required
setbacks apply
to the ends of
rows of
attached
single-unit
dwellings
Street Side 0 0 0 0 0
Rear 0, 20
abutting an
RS or RL
District, 10
abutting an
RM or RH
District
0, 10 abutting
a Residential
District
0, 20
abutting an
RS or RL
District, 10
abutting an
RM or RH
District
0, 20
abutting an
RS or RL
District, 10
abutting an
RM or RH
District (I)
0, 20
abutting an
RS or RL
District, 10
abutting an
RM or RH
District
See Section

17.17.090,
Projections
into Yards and
Required
Building
Separations
Maximum Setbacks (ft)
Front n/a 10 (B) n/a n/a n/a
Street Side n/a 10 (B) n/a n/a n/a
Landscaping and Open Space Standards

Minimum
Landscape Area
(% of lot)
10 5, 0 within
the Old Town
Specific Plan
area
10 10 10 See Chapter

17.21,
Landscaping
Minimum Open
Space (sq ft per
residential unit)
50 (C) 50 (C) 50 (C) 50 (C) 50 (C)
Additional Development Standards.

A. Reserved.

B. Required Building Location, CMU District. The following building location requirements apply in the CMU district.

1. Build-to Line. Buildings shall be located within ten feet of street-facing property lines for at least sixty percent of the linear street frontage.

2. Corner Build Area. Buildings shall be located within ten feet of the property line within thirty feet of the street corner.

3. Frontage Improvements. The area between buildings and the property line shall be improved as part of a wider sidewalk, bicycle facility, outdoor dining/seating area, or with landscaping.

4. Exceptions and Waivers. These requirements may be modified or waived through design review or for projects subject to Chapter 17.28 Residential and Residential Mixed-Use Design Standards through the waiver procedures prescribed in Chapter 17.37 upon finding that:
a. Entry courtyards, plazas, entries, or outdoor eating areas are located adjacent to the property line and buildings are built to the edge of the courtyard, plaza, or dining area.

FIGURE 17.08.030.B: REQUIRED BUILDING LOCATION, CMU DISTRICT C. Open Space. Required open space shall conform to the standards provided in 17.28.080. .

D. Transition standards for NC, CMU, CR, CC, RC Districts. Height limits are further reduced to: 35 ft within 10 ft of an abutting RS or RL District along an interior side property line, 35 ft within 15 ft of an abutting RS or RL District along a rear property line.

E. There shall be no minimum interior side setback requirement along such portions of a property line where the adjoining parcel does not require a side setback.

F. A minimum residential density of 40 units/acre is required if residential is permitted by right under state law and any residential units are proposed.

G. Transition standards for Old Town Specific Plan Area: Height limits are further reduced to 35 ft within 20 ft of an abutting RS or RL District along an interior side property line, 48 ft within 20 feet of an abutting RM District.

H. Interior side setbacks may be reduced to 5 feet within the Old Town Specific Plan area regardless of an abutting RS or RL use.

I. Rear setback of 10 feet allowed within the Old Town Specific Plan area regardless of abutting use. (Ord. No. 503, § 1(Exh. A), 1-25-2018; Ord. No. 532, § 4(Exh. B), 10-14-2021)

17.08.040 Supplemental regulations.

Applicability. Unless otherwise prescribed in Section 17.08.050, all non-residential uses in all commercial and mixed-use districts are subject to the supplemental regulations in this section. Residential uses subject to the standards of Chapter 17.28 are not subject to Section 17.08.040.

A. Minimum Dimensions of Leasable Area. Each individual lease space shall have a minimum width of thirty feet and a minimum depth of sixty feet. Modifications to these requirements may be granted where the review authority finds that site constraints are such that meeting the minimum leasable space dimensions is infeasible and the proposed leasable spaces are adequate to accommodate quality retail establishments.

B. Building Transparency/Required Openings. Exterior walls facing and within twenty feet of a front or street side lot line shall include windows, doors, or other openings for at least fifty percent of the building wall area located between two and one-half and seven feet above the level of the sidewalk. Such walls may run in a continuous plane for no more than thirty feet without an opening.

1. Design of Required Openings. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep.

2. Exceptions for Parking Garages. Multi-level garages are not required to meet the ground-floor transparency requirement.

3. Reductions through Design Review. The building transparency requirement may be reduced or waived through design review upon finding that:
a. The proposed use has unique operational characteristics with which providing the required windows and openings is incompatible, such as in the case of a cinema or theater; and b. Street-facing building walls will exhibit architectural relief and detail, and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.

FIGURE 17.08.040.B: BUILDING TRANSPARENCY/REQUIRED OPENINGS C. Exterior Building Materials and Colors.

1. A unified palette of quality materials shall be used on all sides of buildings.

2. Exterior building materials shall be stone, brick, stucco, concrete block, painted wood clapboard, painted metal clapboard or other quality, durable materials approved through design review.

D. Pedestrian Access. On-site pedestrian circulation and access shall be provided according to the following standards:

1. Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.

2. To Circulation Network. Regular connections between on-site walkways and the public sidewalk shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage. Such walkway shall be the shortest practical distance between the main entry and sidewalk, no more than one hundred twenty-five percent of the straight-line distance.

3. To Neighbors. Direct and convenient access shall be provided from commercial and mixed-use projects to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security.

4. To Transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances. Sidewalk "bulb-outs", or bus "pull-outs" may be required at potential bus stops serving commercial centers (building floor area over twenty-five thousand square feet) to provide adequate waiting areas for transit users and safety for passing motorists.

5. Interior Pedestrian Walkway Design.
a. Walkways shall have a minimum clear unobstructed width of six feet, shall be hard-surfaced, and paved with permeable materials.
b. Where a required walkway crosses driveways, parking areas, or loading areas, it must be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method. c. Where a required walkway is parallel and adjacent to an auto travel lane, it must be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

E. Limitations on Curb Cuts. Curb cuts shall be minimized and located in the location least likely to impede pedestrian circulation. Curb cuts shall be located at least twenty feet from an intersection curb return or pedestrian cross walk. New curb cuts shall not be permitted on Thornton Avenue, between the Union Pacific Railroad tracks and Olive Street, except in the case of interior lots or where sites are not accessible from any public right-of-way.

F. Additional Supplemental Regulations, NC, CMU, CC, and RC Districts. The following additional supplemental regulations apply in the NC, CMU, CC, and RC districts:

1. Required ground floor commercial area shall be no less than fifteen percent of the gross lot area of the site.
a. Waivers. In accordance with the waiver procedures prescribed in Chapter 17.37, the Zoning Administrator may review and approve a plan that deviates from the above ground floor commercial requirement in residential mixed-use developments to accommodate required parking, utilities, and setbacks.

2. Building Articulation. Any building with a dimension over one hundred twenty-five feet wide shall be broken down to read as a series of buildings no wider than one hundred twenty-five feet each.

3. Building Orientation.
a. Buildings shall be oriented to face public streets.
b. Building frontages shall be generally parallel to streets. c. Buildings shall be designed and oriented to minimize the visual intrusion into adjoining residential properties. Window, balcony and deck locations shall be directed away from window areas of adjoining residences (on-site or off-site).

4. Building Entrances.
a. The primary building entrance shall face a public sidewalk. b. Building entrances shall be emphasized with special architectural and landscape treatments. c. Entrances located at corners shall generally be located at a forty-five-degree angle to the corner and shall have a distinct architectural treatment to animate the intersection and facilitate pedestrian flow around the corner. Different treatments may include angled or rounded corners, arches, and other architectural elements.
d. All building and dwelling units located in the interior of a site shall have entrances that connect to a public sidewalk.

FIGURE 17.08.040.B.F.4: BUILDING ENTRANCES

5. Limitations on Location of Parking. Off-street parking spaces shall be located to the rear of principal buildings whenever possible. At grade and above ground parking that is not time restricted may not be located within the required setback of a street facing property line. Short-term parking such as for drop-off or loading areas or timed parking for visitors are exempt from this requirement. a. Exceptions and Waivers. These requirements may be modified or waived through design review or for projects subject to Chapter 17.28 Residential and Residential Mixed-Use Design Standards the waiver procedures prescribed in Chapter 17.37 upon finding that:
i. The design incorporates habitable space built close to the public sidewalk to the maximum extent feasible;
ii. The site is small and constrained such that underground parking or surface parking located outside of the required setback is not feasible.
(Ord. No. 503, § 1(Exh. A), 1-25-2018; Ord. No. 532, § 4(Exh. B), 10-14-2021)

17.08.050 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 17.09 EMPLOYMENT DISTRICTS

Chapter 17.09 EMPLOYMENT DISTRICTS

17.09.010 Purpose and applicability.

The specific purposes of the employment districts are to:

A. Designate adequate land for businesses, professional offices, and industrial growth consistent with the general plan to maintain and strengthen the city's economic resources; B. Provide a range of employment opportunities to meet the needs of current and future residents; and C. Provide areas for a wide range of manufacturing, industrial processing, and service commercial uses and protect areas where such uses now exist.

Additional purposes of each employment district are as follows:

PO professional office. This district reserves area for local-serving professional and administrative office uses such as finance, insurance, and real estate businesses, legal and other professional services, banks, personal services, business support activities, and dental and medical services. These uses may form a transition between retail and residential uses, or a buffer between arterial streets and residential areas. Residential uses are only permitted as a component of a planned development. This district implements the office commercial general plan land use designation.

BTP business and technology park. This district provides locations for advanced technology research and development, manufacturing, and related support facilities in large or campus-like environments with high quality building design, landscaping, and aesthetic amenities, including business parks, industrial parks, technology parks, and other master planned industrial subdivisions. Complementary uses which support the employee population, such as hotels, restaurants, office buildings, childcare facilities, and business services are allowed. This district implements the special industrial general plan land use designation.

LI limited industrial. This district is intended to meet the needs of a variety of light industrial and commercial service uses. It serves as a transition between heavier industrial activities and residential neighborhoods. Typical uses include light manufacturing, warehousing, auto repair, and general services. Limited office, recreation, assembly, and retail uses are allowed where appropriate in a light industrial setting. This district implements the limited industrial general plan land use designation.

GI general industrial. This district is intended to accommodate the broadest range of industrial uses. It includes industrial buildings and complexes, distribution, warehouses, manufacturing and assembly, and other uses that are often characterized by outdoor storage, noise, odors, hazardous materials handling, and heavy truck activity. Nonindustrial uses such as retail stores, free-standing office buildings, and assembly uses are not allowed. This district implements the general industrial general plan land use designation. (Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.09.020 Land use regulations.

Table 17.09.020, Land Use Regulations-Employment Districts, prescribes the land use regulations for employment districts. 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-hand column refer to other sections of this title. Numbers in parentheses refer to specific limitations listed at the end of the table.

TABLE 17.09.020: LAND USE REGULATIONS-EMPLOYMENT DISTRICTS "P" Permitted Use; "M" Minor Use Permit Required; "C" Conditional Use Permit Required; "-" Use Not Allowed Use Classification PO BTP LI GI Additional Regulations
Residential Uses
Multi-Unit Development Residential uses are not permitted uses, however, in some cases residential uses are permitted by right in nonresidential zones by state law. Any residential and residential mixed-use development permitted by state law are subject to the provisions of this chapter and Chapter 17.28. Residential and Residential Mixed-Use Design Standards.

Caretaker Unit - - C C
Public/Semi-Public Uses
Colleges and Trade Schools C M M M
Community Assembly C - - -
Cultural Institutions C - - -
Day Care Centers C C(1) - - See Section 17.26.090,
Day Care
Government Offices P P - -
Hospital and Clinics
Hospitals - M - -
Clinic P - - -
Instructional Services P - - -
Park and Recreation Facilities P M M -

Parking Lots and Structures M C(1) - -
Public Safety Facilities M C M M
Schools C - - -
Social Service Facilities M - - -
Tutoring Facilities C - - -
Commercial Uses
Animal Care, Sales, and Services
Animal Sales and Grooming - - M -
Boarding/Kennels - - - M(2)
Veterinary Services C - M -
Artist's Studio - - P M
Automobile/Vehicle Sales and Services
Automobile/Vehicle Sales and Leasing C - P - See Section 17.26.060, Automobile/Vehicle
Sales and Services Automobile/Vehicle Repair, Major - - M P Automobile/Vehicle Service and Repair,
Minor
- - P -
Large Vehicle and Equipment Sales,
Service and Rental
- - M P
Service and Gas Stations - - M C
Towing and Impound - - - C
Washing - - M M
Banks and Financial Institutions
Banks and Credit Unions P - - -
Business Services P P M M
Eating and Drinking Establishments
Restaurant, Full Service - C(1) - -

Restaurant, Limited Service C C(1) - - See Section 17.26.170, Outdoor Dining and
Seating Restaurant, Take-Out Only - C(1) - -
Food Preparation - M M M
Lodging
Hotels C C(1) C C
Maintenance and Repair Services - - P P
Nurseries and Garden Center - - C C
Offices
Business, Professional, and Technology P P C C
Medical and Dental P M M -
Walk-In Clientele P - M -
Personal Services
General Personal Services M C(1) - - See Section 17.26.200, Personal Services
Retail Sales
Building Materials Sales and Services - - P P
Convenience Markets M(3) M(1) - -
Food and Beverage Sales M(3) M(1) C -
General Retail M M(1) C -
Industrial Uses
Construction and Material Yards - - C P
Custom Manufacturing - P P P
Donation Center/Station - - C C
Food and Beverage Manufacturing
Small Scale - - P P
Large Scale - - P P

General Industrial - - P P
Light Industrial - M P P
Research and Development M P P P
Salvage and Wrecking - - - C
Warehousing and Storage
Chemical, Mineral, and Explosives
Storage
- - - C
Indoor Warehousing and Storage - C C C
Outdoor Storage - - C C
Personal Storage - - M M See Section 17.26.200,
Personal Storage
Wholesaling and Distribution - C C C
Transportation, Communication, and Utility Uses
Communication Facilities
Facilities within Buildings M M M M
Telecommunication See Section 17.26.250, Telecommunication Facilities Freight/Trucking Terminals - - C C
Light Fleet-Based Services - - P P
Public Works and Utilities - C M P
Recycling Facility
Reverse Vending Machine - - M M See Section 17.26.210,
Recycling Facilities
Recycling Collection Facility - - C C
Recycling Processing Facility - - - C
Transportation Passenger Terminals M M M M
Other Applicable Types
Accessory Uses and Structures See Section 17.17.020, Accessory Buildings and Structures, and Section 17.26.030, Accessory Uses

Live Entertainment C - - -
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
Specific Limitations:

1. Permitted only as complementary uses serving industrial and technical campus-like development such as business parks, industrial parks, technology parks, and other master planned industrial subdivisions. Conditional if otherwise.

2. Prohibited within three hundred feet of any residential district.

3. Establishments that either devotes forty percent or more of floor area or display area to, or derives seventyfive percent or more of gross sales receipts from, the sale or exchange of alcohol are prohibited. (Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.09.030 Development standards.

Table 17.09.030, Development Standards-Employment Districts, prescribes the development standards for employment districts. Additional regulations are denoted in the right-hand column. Section numbers in this column refer to other sections of this title. Residential uses are not permitted uses in Employment Districts, however, in some cases residential uses are permitted by right in non-residential zones by state law. Any residential and residential mixed-use development permitted by state law are subject to the provisions of this chapter and Chapter 17.28. Residential and Residential Mixed-Use Design Standards.

TABLE 17.09.030: DEVELOPMENT STANDARDS-EMPLOYMENT DISTRICTS Standard PO BTP LI GI Additional
Regulations
Lot and Density Standards
Density (units/acre)
Maximum 100 (D) 120 (D) 120 (D) 120 (D)
Minimum 40 (D) 40 (D) 40 (D) 40 (D)

Minimum Lot
Size (sq ft unless
noted)
10,000 2 acres 15,000 20,000
Minimum Lot
Width (ft)
60 100 60 60
Building Form and Location
Maximum
Building Height
(ft)
35, up to 50
with CUP, 50
for Residential
uses (C)
100, 45 within
300 ft of an RS
or RL
Residential
District
boundary
100, 35 within
100 ft of an RS
of RL
Residential
District
boundary
(B) See Section

17.17.050,
Height and
Height
Exceptions
Minimum Setbacks (ft)
Front 10 20(A) 10 10 See Section

17.17.090,
Projections into
Yards and
Required
Building
Separations
Interior Side 5 15 15, 25 from a
Residential
District
boundary
15, 50 from a
Residential
District
boundary
See Section

17.17.090,
Projections into
Yards and
Required
Building
Separations
Street Side 10 15(A) 15 15 See Section

17.17.090,
Projections into
Yards and
Required
Building
Separations
Rear 10 50 20, 25 from a
Residential
20, 50 from a
Residential
See Section

17.17.090,
Projections into

District
boundary
District
boundary
Yards and
Required
Building
Separations
Minimum
Landscape Area
(% of lot)
5 10 n/a n/a See Chapter

17.21,
Landscaping
Additional Development Standards.

A. BTP District: Setbacks for Loading Dock Areas. In the BTP district, loading docks shall be set back a minimum of one hundred fifty feet from an arterial street unless an alternative noise barrier wall is approved through design review.

B. GI District: Maximum Height. In the GI district, maximum height is as follows:

1. Within ten feet of an RS or RL Residential District boundary: Thirty five feet.

2. More than ten feet but less than four hundred feet of a residential district boundary: One hundred feet.

3. More than four hundred feet but less than six hundred feet from a residential district boundary: One hundred fifty feet.

4. More than six hundred feet but less than one thousand feet from a residential district boundary: Two hundred feet.

5. One thousand feet or more from a residential district boundary: Five hundred feet or as approved through a conditional use permit.

FIGURE 17.09.030.B: GI DISTRICT: MAXIMUM HEIGHT
C. Transition standards for PO, BTP, LI, and GI Districts: Height limits are further reduced to: 35 ft within 10 ft of an abutting RS or RL District along an interior side property line and 35 ft within 15 ft of an abutting RS or RL District along a rear property line
D. 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.

1. A minimum residential density of 40 units/acre is required in the PO, BTP, LI, and GI Districts if a residential use is permitted by right under state law and any residential units are proposed.

2. A maximum residential density of 100 units per net acre is required in the PO District and 120 units per net acre in the BTP, LI, and GI Districts if residential is permitted by right under state law. (Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.09.040 Supplemental regulations.

A. Hazards and Hazardous Materials.

1. Occupancy Classification. Groups H-1 and H-2 occupancy, as defined in the building code, shall not exceed fifty percent of the total building floor area on any site.

2. Hazardous Materials. The direct use of hazardous materials in fabrication shall not exceed thirty-five percent of the total building floor area on any site.

B. Business, Technology, and Office Parks. Business, technology, and office parks containing eighty thousand square feet or more of floor area shall provide the following:

1. Open space areas equal to ten percent of the site area that provide gathering space or opportunities for active or passive recreation. Open space areas shall include benches or other seating. Amenities shall be included that enhance the comfort, aesthetics, or usability of the space, including but not limited to trees and other landscaping, shade structures, drinking fountains, water features, or public art.

2. Pedestrian walkways that connect all parts of the park, and connect to any existing or planned pedestrian facilities in adjacent neighborhoods.

3. Stormwater detention facilities incorporated into the site landscaping as a visual amenity.

4. A lighting, landscaping, and signage design concept for common areas.

C. Additional Supplemental Regulations, PO District. The following additional supplemental regulations apply in the PO district:

1. Building Transparency/Required Openings. Exterior walls facing and within twenty feet of a front or street side property line shall include windows, doors, or other openings for at least thirty percent of the building wall area located between two and one-half and seven feet above the level of the sidewalk. No wall may run in a continuous plane for more than thirty feet without an opening.

Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep. a. Reduction through Design Review. The building transparency requirement may be reduced or waived through design review upon finding that:
i. The proposed use has unique operational characteristics with which the provision of the required windows and openings is incompatible, such as in the case of a cinema, theater, or historic building; and
ii. Street-facing building walls will exhibit architectural relief and detail, or will be screened with attractive landscaping, in such a way as to create visual interest at the pedestrian level.

FIGURE 17.09.040.C.1: BUILDING TRANSPARENCY/REQUIRED OPENINGS, PO DISTRICT

2. Parking Location. In the PO district, parking shall be located at the side or rear of buildings wherever possible.

D. Additional Supplemental Regulations, BTP District. The following additional supplemental regulations apply in the BTP district:

1. Building Construction. Buildings shall be of new construction, and modular offices, relocated or prefabricated metal wall buildings shall not be permitted, except for temporary construction office trailers pursuant to Section 17.26.260, Temporary Uses.

2. Landscape Buffer. The following landscape buffers shall be provided unless the director finds a different landscape buffer requirement is adequate to provide an appropriate transition between the parking area or other use of the site and the right-of-way. a. Landscaped Setback between Parking Area and Right-of-Way. A landscaped setback at least ten feet wide shall be provided between the parking area and adjacent right-of-way. A minimum of one fifteen-gallon tree and two five-gallon shrubs shall be provided for every forty feet of the street frontage.

FIGURE 17.09.040.D.2.A: LANDSCAPED SETBACK BETWEEN PARKING AREA AND RIGHT-OF-WAY

b. Landscape Buffer Adjacent to Wide Right-of-Way. The first fifty feet of any site depth contiguous to any existing or proposed right-of-way exceeding one hundred feet in width shall be landscaped and shall not be used for off-street parking and loading.

3. Truck Docks, Loading, and Service Areas, BTP District. In the BTP district, truck docks, loading, and service areas shall be set back a minimum of one hundred fifty feet from an arterial.

4. Public Art Plan. In the BTP district, a public art plan may be provided for city council review and approval to assure that the intent of Resolution No. 6582 "Resolution of the City Council of the City of Newark adopting a policy for providing art in public places and private development" is met. The plan shall provide for high quality architecture and for the provision of public art at locations that are of critical aesthetic concern to the city (i.e., gateways and major arterials).

E. Additional Supplemental Regulations, LI and GI Districts. In the LI and GI Districts, a landscaped setback at least ten feet wide shall be provided between the parking area and adjacent right-of-way. A minimum of one fifteen-gallon tree and two five-gallon shrubs shall be provided for every forty feet of the street frontage.
(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.09.050 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 17.10 PUBLIC AND SEMI-PUBLIC DISTRICTS

Chapter 17.10 PUBLIC AND SEMI-PUBLIC DISTRICTS

17.10.010 Purpose and applicability.

The specific purposes of the public and semi-public districts are to:

A. Provide land for development of public, quasi-public, recreation, and open space uses that provide services to the community and support existing and new residential, commercial, and industrial land uses; B. Provide areas for educational facilities, cultural and institutional uses, health services, parks and recreation, general government operations, utility and public service needs, transit facilities, and other similar and related supporting uses; and
C. Provide opportunities for outdoor recreation, and meet the recreational needs of Newark residents.

Additional purposes of each public and semi-public district are as follows:

PF public facilities. This district is intended for public facilities, such as fire stations, city offices, libraries, corporation yards, pumping stations, transportation facilities, utilities, schools, institutional uses, residential uses providing one hundred percent of the units in the project (other than manager’s units) as affordable to lowerincome households, and other public and quasi-public uses. The public facilities district implements the publicinstitutional general plan land use designation.

TS transit station. This district is intended for transit stations and associated parking areas.

PK Park. The PK park district is intended to identify areas for active recreation, including city parks and other areas that support recreational activities. Typical uses include playgrounds, picnic areas, sports fields, golf courses, recreational clubs, and other appropriate recreational uses. This district implements the parks and recreation facilities general plan land use designation.

OS Open Space. The OS open space district is intended for undeveloped park lands, wildlife habitat, and wetlands. Land within this District is typically owned by public agencies. A limited number of recreational improvements such as trails and interpretive nature centers are allowed, however the intent of this district is to facilitate the restoration and enhancement of native habitat. The open space district implements the conservationopen space general plan land use designation.

17.10.020 Land use regulations.

Table 17.10.020, Land Use Regulations-Public and Semi-Public Districts, prescribes the land use regulations for public and semi-public districts. 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-hand column refer to other sections of this title. Numbers in parentheses refer to specific limitations listed at the end of the table.

TABLE 17.10.020: LAND USE REGULATIONS-PUBLIC AND SEMI-PUBLIC DISTRICTS

"P" Permitted Use; "M" Minor Use Permit Required; "C" Conditional Use Permit Required; "-" Use Not Allowed Use Classification PF TS PK OS Additional
Regulations
Residential
Multi-unit P - (6, 7) - (7) - (7) - (7) See Chapter

17.28, Residential
and Residential
Mixed-Use Design
Standards
Public/Semi-Public Uses
Cemetery P - - -
Colleges and Trade Schools P - - -
Community Assembly P - P(1) -
Community Garden P - P - See Section

17.26.080,
Community
Garden
Cultural Institutions P - P -
Day Care Centers P - - - See Section

17.26.090, Day
Care
Emergency Shelter P P P - See Section

17.26.110,
Emergency
Shelter
Government Offices P - - -
Hospital and Clinics
Hospitals P - - -
Clinic P - - -
Instructional Services P - - -
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
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
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-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 for
Residential
65 30 14 See Section 17.17.050,
Height and Height
Exceptions

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)

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

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-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

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-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

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

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 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

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;

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.

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 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.

(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

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.

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.

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 development shall be measured from back of walk/centerline of paseo to the centerline of the alley.

2. For attached residential development 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 development, 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 development, 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.

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
Rear
Main Building
(minimum)
10 ft 10 ft 10 ft 10 ft
Accessory
Building (minimum)
5 ft (A) 4 ft (A) 5 ft (A) 5 ft (A)
Side
Main Building
(minimum)
3 ft 3 in 3 ft 3 in 3 ft 3 in 3 ft 3 in
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/a
Maximum Building Depth (ft) 300 n/a
Setbacks
From Public Right-of-Way
Porches/Stoops/Balconies n/a 6 ft min
Building Ground floor: 0 min, 10 ft max
Upper floors:
8 ft min

10 ft where ground floor at 0
to 5 ft;
5 ft where ground floor at 5
to 10 ft
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 10 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.

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, 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 required.

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.
(Ord. No. 503, § 1(Exh. A), 1-25-2018)

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

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.

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 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 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 Chapter 17.28, with the following exceptions:

1. Location. Notwithstanding Section 17.28.060, required open space for single-, two-, or multi-unit buildings may be located in a required front or street side setback.

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.

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 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)

17.14.050 Supplementary design guidelines and standards.

A. Outdoor Dining. To supplement regulations in Section 17.26.170 (outdoor dining), the following standards apply to outdoor dining adjacent to the building edge:

1. Connect restaurant interiors to outdoor seating areas by providing direct access through windows, doors, or other openings.

2. Provide movable seating to facilitate flexibility in dining configurations and to support public health.

3. Provide awnings, colonnades, umbrellas, or similar shade features.

B. Architectural Features. The following standard applies to new developments:

1. Incorporate 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

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 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-unit or mixed-use rental projects shall be leased separately from dwelling units. No resident shall be required to lease a parking space.

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

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 to 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)

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) 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) 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) 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)
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 17.07 RESIDENTIAL DISTRICTS
(Revisions in Redline)
Newark, California, Code of Ordinances

Chapter 17.07 RESIDENTIAL DISTRICTS

17.07.010 Purpose and applicability.

The specific purposes of residential districts are to:

A. Provide for a full range of housing types consistent with the general plan; B. Preserve, protect and enhance the character of the city's different residential neighborhoods and the quality of life of city residents;
C. Ensure adequate light, air, privacy, and open space for each dwelling; D. Ensure that the scale and design of new development and alterations to existing structures are compatible with surrounding residential developmenthomes and appropriate to the physical characteristics of the site and the area where the project is proposed; and E. Provide sites for public and semi-public land uses such as parks, schools, day care, and other community uses that will serve city residents and will complement surrounding residential development.

Additional purposes of each residential district are as follows:

RS residential single family. This district is intended for residential densities up to 8.7 units per net acre. It provides for single-unit family residential developments on lots typically larger than five thousand square feet. In addition to single-unitfamily-residential development homes, this district provides for other compatible uses, such as schools, childcare centers, parks, and community facilities that may be appropriate in a single-unit family residential neighborhood. This district implements the low density residential general plan land use designation.

RL residential low density. This district is intended for residential densities up to fifteen units per net acre.

Densities at the higher end of this range are only allowed on properties which have their primary access on an arterial or collector street. and which are found to be compatible with the character and intensity of residential development in the area. This district provides for small lot single-unit family residential developmenthomes, zero lot line and patio homes, mobile home parks, and other areas characterized by a mix of older single-unitfamily homes and small multi-unit buildings. These areas have the basic characteristics of single-unitfamily neighborhoods. In addition, this district provides for other compatible uses, such as schools, childcare centers, parks, and community facilities that may be appropriate in a low- density residential neighborhood. This district implements the low-medium density residential general plan land use designation.

RM residential medium density. This district is intended for residential densities from fourteen to thirty units per net acre. Densities at the higher end of this range are only allowed on properties which have their primary access on an arterial or collector street. and which are found to be compatible with the character and intensity of residential development in the area. This district provides for garden apartments and condominiums, townhomes, row houses, four- to eight-plexesunit residential development, and older areas that contain a mix of multiunitfamily and single-unit residential developmentfamily homes within this range. These areas tend to be multiunitfamily in character but retain some of the characteristics of suburban neighborhoods. In addition, this district

EXHIBIT D
(Revisions in Redline)

provides for other compatible uses, such as schools, childcare centers, parks, and community facilities that may be appropriate in a medium density residential neighborhood. This district implements the medium density residential general plan land use designation.

RH residential high density. This district is intended for residential densities from twenty-five to sixty units per net acre. It provides for apartment and condominium complexes that are generally three stories or more. On larger parcels with this designation, common open space and other shared amenities are typically provided. In addition, this district provides for other compatible uses, such as schools, childcare centers, parks, and community facilities that may be appropriate in a high- density residential neighborhood. This district implements the high density residential general plan land use designation.
(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.07.020 Land use regulations.

Table 17.07.020, Land Use Regulations-Residential Districts, prescribes the land use regulations for residential districts. 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. Additional regulations are denoted in the right-hand column. Section numbers in the right- hand column refer to other sections of this title.

TABLE 17.07.020: LAND USE REGULATIONS-RESIDENTIAL DISTRICTS "P" Permitted Use; "M" Minor Use Permit Required; "C" Conditional Use Permit Required; "-" Use Not Allowed Use Classification RS RL RM RH Additional
Regulations
Residential Uses
Residential Housing Types
Single-Unit Dwelling, Detached P P P P See Chapter 17.28, Residential and
Residential MixedUse Design Standards
Single-Unit Dwelling, Attached P- P P P See Chapter 17.28, Residential and
Residential MixedUse Design Standards
Two-Unit Dwelling - P P P See Chapter 17.28,
Residential and
Residential MixedUse Design Standards
(Revisions in Redline)

Multi-Unit Development
- P P P See Chapter 17.28,
Residential and
Residential MixedUse Design Standards
Accessory Dwelling Unit
P P P P See Section

17.26.040, Accessory
Dwelling Units
Guesthouse
P P P P See Section

17.26.280,
Guesthouse
Lodging House P P P P See Section

17.46.120, Lodging
House
Family Day Care
Small P P P P
Large M M M M See Section

17.26.090, Day Care
Group Residential - - M M
Residential Care Facilities
Small P P P P
Large - M M M See Section

17.26.220,
Residential Care
Facilities
Residential Facility, Assisted Living - M M M
Single Room Occupancy - - - C See Section

17.26.230, Single
Room Occupancy
Units
Supportive Housing Transitional and supportive housing constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same district. Transitional Housing Public/Semi-Public Uses
(Revisions in Redline)

Community Assembly C C C C
Community Garden P P P P See Section

17.26.080,
Community Gardens
Cultural Institutions - C C C
Day Care Centers - C C C See Section

17.26.090, Day Care
Emergency Shelter - - M P See Section

17.26.110,
Emergency Shelters
Government Offices C C P P
Hospital and Clinics
Skilled Nursing Facility - - C C
Park and Recreation Facilities P P P P
Public Safety Facilities C C P P
Schools C C C C
Social Service Facilities - - M M
Transportation, Communication, and Utility Uses
Communication Facilities
Telecommunication See Section 17.26.250, Telecommunication Facilities Public Works and Utilities C C C C
Other Applicable Types
Accessory Uses and Structures See Section 17.17.020, Accessory Buildings and Structures, and Section

17.26.030, Accessory Uses
Home Occupations See Section 17.26.140, Home Occupations Nonconforming Use See Chapter 17.22, Nonconforming Provisions Solar Energy Systems See Section 17.26.240, Solar Energy Systems Temporary Use See Section 17.26.260, Temporary Uses
(Revisions in Redline)

(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)

17.07.030 Development standards.

Table 17.07.030, Development Standards-Residential Districts, prescribes the development standards for residential districts. Additional regulations are denoted in the right- hand column. Section numbers in this column refer to other sections of this title. See Section 17.07.040 and Chapter 17.28 for design standards for residential and residential mixed-use development.

TABLE 17.07.030: DEVELOPMENT STANDARDS-RESIDENTIAL DISTRICTS Standard RS RL RM RH Additional
Regulations
Lot and Density Standards
Density (units/net acre)
Maximum

8.7 11; up to 15
subject to (A)
below
22; up to 30
subject to (A)
below, 50 within
the Old Town
Specific Plan
area
60 Minimum
n/a n/a 14, 20 within the
Old Town
Specific Plan
area (BD)
25 Minimum
Lot Size (sq
ft)
RS-10,000:
10,000 RS8,000: 8,000 RS7,000: 7,000 RS6,000: 6,000
6,000, 3,000 for
Single-Unit
Dwelling,
Detached
6,000 6,000
Minimum
Lot Width
(ft)
RS-10,000: 80
RS-8,000: 70
RS-7,000: 65
RS-6,000: 60
60 60 60
Minimum
Lot Depth
(ft)
100 80 100 100
Minimum
Frontage on
60 40 40 40
(Revisions in Redline)

a Public
Street (ft)
Building Form and Location
Maximum
Height (ft)
30 (C) 35 (C) 75 (D); 48 within
the Old Town
Specific Plan
area , 35 within
the Old Town
Specific Plan
Area within 20 ft
of an RS or RL
District(CE)
100, 35 within
120 ft of an RS
or RL District(D)
See Section

17.17.050, Height
and Height
Exceptions.

Heights over 35
feet in the RM and
RH Districts shall
require a Minor
Use Permit.

Minimum Setbacks (ft)
Front 20 (F) 20 (F) 515 5-15 See Section

17.17.090,
Projections into
Yards and Required
Building
Separations
Interior
Side
5 (G), (H) 5(G) 5(G) 5(G) See Section

17.17.090,
Projections into
Yards and Required
Building
Separations
Street
Side
10 (I) 10 (I) 58 58 See Section

17.17.090,
Projections into
Yards and Required
Building
Separations
Rear 20 15 10 10 See Section

17.17.090,
Projections into
Yards and Required
Building
Separations
(Revisions in Redline)

Distance
Between
Main
Structures
(ft)
n/a n/a 10 10 See Section

17.17.090,
Projections into
Yards and Required
Building
Separations
Lot Coverage, Landscape, and Open Space Standards
Maximum
Lot
Coverage
(% of lot)
50 (J) 50 (J) 6055 (K), 65
within the Old
Town Specific
Plan area
6055 (K)
Minimum
Landscapin
g (% of lot)
25 (L) 25 (L) 25 (M) 25 (M) At least half of the
landscape area in
RS District shall be
provided along
public rights-ofway or near
sidewalks. See
Chapter 17.21,
Landscaping. See
Chapter 17.28,
Residential and
Residential MixedUse Design
Standards
Minimum
Open Space
(sq ft per
residential
unit)
n/a200 (N) 200 400(C) (N) 100300(C), 100
within the Old
Town Specific
Plan area
50200(C) See Chapter 17.28,
Residential and
Residential MixedUse Design
Standards
Specific RequirementsLimitations:

A. Additional Density, RL and RM Districts. Up to fifteen units/net acre in the RL district and up to thirty units/net acre in the RM district are allowed on properties which have their primary access on an arterial or collector street as defined in the General Plan and which are found to be compatible with the character and intensity of residential development in the immediate area subject to conditional use permit approval.
(Revisions in Redline)

B. Attached Single-Unit Dwellings. Required setbacks apply to the ends of rows of attached single-unit dwellings.

B. Minimum density of twenty units/net acre in the Old Town Specific Plan area applies to lot sizes at or greater than seven thousand five hundred square feet. Properties within this district and specific plan area are not considered nonconforming based on existing residential density that is less than the base density.

C. Height limit will be increased by 5 ft if two or more primary units are provided.

D. Height limits are further reduced to: 35 ft within 10 ft of an abutting RS or RL District along an interior side property line, 35 ft within 15 ft of an abutting RS or RL District along a rear property line.

EC. Heights over thirty-five feet in the RM and RH Districts shall require a minor use permit, except wWithin the Old Town Specific Plan area where building heights are further reduced to 35 within 20 ft of an RS or RL District. building height up to the limit stated in Table 17.07.030 is permitted by right.

D. Minimum density of twenty du/ac in the Old Town Specific Plan area applies to lot sizes at or greater than seven thousand five hundred square feet. Properties within this district and specific plan area are not considered nonconforming based on existing residential density that is less than the base density.

F. Front setback will be reduced by 5 ft if two or more primary units are provided.

G. Attached Single-Unit Dwellings. Required setbacks apply to the ends of rows of attached single-unit dwellings.

H. There shall be no minimum interior side setback requirement along such portions of a property line where the adjoining parcel does not require a side setback.

I. Street side setback will be reduced by 2 ft if two or more primary units are provided.

IJ. Maximum lot coverage will be increased to 60% if two or more primary units are provided.

KJ. Maximum lot coverage will be increased to 70% if at least 85% of maximum allowed density is provided. Additional limitations in the Old Town Specific Plan area still apply.

KL. Minimum landscaping is decreased to 20% of lot if two or more primary units are provided.

ML. Minimum landscaping is decreased to 15% of lot if at least 85% of maximum allowed density is provided. Additional limitations in the Old Town Specific Plan area still apply.

N. Open space requirement will be reduced to 100 sq. ft. if two or more primary units are provided. (Revisions in Redline)

D. Open Space. Open space, unoccupied by main or accessory structures and open and unobstructed to the sky, shall be provided in accordance with the following standards:

1. Single-Unit and Two-Unit Development. Required usable open space may consist of a single area or several adjacent or separate areas.
a. Minimum Dimensions. Minimum dimension of fifteen feet. b. Location.
i. Must be provided on the site at ground level.
ii. Required open space shall not be located in a required front or street side setback. iii. No portion of required open space shall be used for driveways of off-street parking facilities.

2. Multi-Unit Development. Required usable open space may consist of a single area or several adjacent or separate areas. All occupants shall have access to and use of one or more of such areas. a. Type of Open Space. A minimum fifty percent of the required open space shall be provided as common open space. The rest of the required open space shall be provided as private open space.
i. Private areas typically consist of balconies, decks, patios, fenced yards, and other similar areas outside the residence.
ii. Common areas typically consist of landscaped areas, patios, swimming pools, barbeque areas, tennis courts, playgrounds, turf, or other such improvements as are appropriate to enhance the outdoor environment of the development.
b. Minimum Dimensions.
i. Private Open Space. Private open space located on the ground level (e.g., yards, decks, patios) shall have no dimension less than ten feet. Private open space located above ground level (e.g., balconies) shall have no dimension less than six feet. ii. Common Open Space. Minimum dimension of twenty feet. c. Usability. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, decking, or other serviceable, dust-free surfacing. Slope shall not exceed ten percent.
d. Location.
i. Required open space shall not be located in a required front or street side setback. ii. No portion of required open space shall be used for driveways of off-street parking and loading facilities or as access to more than one dwelling unit. (Revisions in Redline)

iii. Open space may be located on the roof of buildings or required off-street parking facilities. e. Accessibility.
i. Private Open Space. The space shall be accessible to only one living unit by a doorway to a habitable room or hallway.
ii. Common Open Space. The space shall be accessible to the living units on the lot. It shall be served by any stairway or other access way qualifying as an egress facility from a habitable room.
f. Screening. Required private open space shall be screened by a solid fence or visually solid fence not less than six feet in height when located at ground level and by a solid railing or visually solid railing not less than forty-two inches in height when located on a balcony or balconies. (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; Ord. No. 532, § 4(Exh. B), 10-14-2021)

17.07.040 Supplemental regulations.

A. Paving. The maximum amount of paving in street-facing yards is fifty percent of the required yard.

B. Parking of Commercial Vehicles Prohibited. No commercial vehicle in excess of ten thousand pounds manufacturer's gross vehicle weight rating shall be parked or stored on any lot in a residential district.

This section shall not prohibit temporary parking of any such vehicle while making pickups or deliveries or providing services for the residents of the lot on which the vehicle is parked.

C. Vehicle and Equipment Repairs or Fabrication. Repair, fabrication or other work on automobile or vehicle or equipment on residential premises shall be subject to the following conditions and restrictions:

1. Such work shall be limited to those vehicles or equipment which may be stored within a private garage upon residential premises.

2. Such work shall be done only upon such vehicles or equipment which are owned by an occupant of the residential premises.

3. Such work shall be done only between the hours of 8:00 a.m. and 8:00 p.m.

4. Such work shall not be done in a public right-of-way.

5. Storage of parts for such vehicles or equipment on the premises shall be limited to those parts reasonably necessary for the repair of the occupant's vehicle or equipment.

6. Such work shall be limited to minor repair and service on noncommercial vehicles to include such things as battery replacement, tire repair, brake servicing, changing of small parts, oil changes and lubrication, engine tune-up and similar routine maintenance and preventative maintenance work. (Revisions in Redline)

D. Single Unit Attached and Multi-Unit Development. All attached single unit and multi-unit development shall meet the following development standards. Exceptions may be granted through design review to accommodate alternative design solutions.

1. Building Entrances.
a. Orientation. All units located along public rights-of-way must have the primary entrance facing this right-of-way. Exceptions to this requirement may be approved for projects where multi-unit housing is located on four-lane streets carrying high traffic volumes and/or streets that do not allow on-street parking. In such cases, the project may be oriented around courtyards. b. Projection or Recess. Building entrances must have a roofed projection (such as a porch) or recess with a minimum depth of at least five feet and a minimum horizontal area of thirty square feet. Exceptions to this requirement may be approved for alternative designs that create a welcoming entry feature facing the street, such as trellis or landscaped courtyard entry.

FIGURE 17.07.040.D.1.B: PROJECTION OR RECESS
c. Dwelling Unit Access. Exterior entrances to units shall be in a form of individual or shared entrances at the ground floor of the building. Unit entrances above the ground floor are also permitted; however, no exterior access corridor located above the ground floor may provide access to five or more units.

2. Building Design. Buildings shall include adequate design features to create visual variety and avoid a large-scale and bulky appearance.
a. Roof Line. The roof line at each elevation shall demonstrate an offset of at least eighteen inches for each one to three units exposed on that elevation. Large, continuous roof planes are prohibited.
(Revisions in Redline)

FIGURE 17.04.040.D.2.A: ROOF LINE
b. Window Trim or Recess. Trim at least one-half inch in depth shall be provided around all windows, or window must be recessed at least two inches from the plane of the surrounding exterior wall.

FIGURE 17.07.040.D.2.B: WINDOW TRIM OR RECESS
c. Façade Articulation. All street-facing façades shall have at least one horizontal or vertical projection or recess at least two feet in depth, or two projections or recesses at least two and one-half feet in depth, for every twenty-five horizontal feet of wall. If located on a building with (Revisions in Redline)

two or more stories, the articulated elements must be greater than one story in height, and may be grouped rather than evenly spaced in twenty-five-foot modules. Building entrances and front porches and projections into required yards such as stoops, bays, overhangs, fireplaces, and trellises may count towards meeting this requirement.

FIGURE 17.07.040.D.2.C: FACADE ARTICULATION
d. Façade Detailing and Materials. All visible building facades shall incorporate details, such as window and door trim, window recesses, cornices, changes in materials or other design elements, in an integrated composition. Each side of a building that is visible from a public right-of-way shall be designed with a complementary level of detailing and quality of materials. e. Building Colors. Every building shall have at least two complementary colors. f. Building Materials. All materials shall be high quality to allow for long-term durability and appearance.
g. Transition Areas. Where new multi-unit development is built adjacent to existing lower-scaled residential development, the facade facing the existing lower-scaled residential development shall be designed to provide architectural relief and interest, while also respecting the scale of adjacent neighbors.
i. Full-Height Recesses. Full-height recesses, a minimum of five feet deep, shall be provided along the facade to break the building into smaller discrete masses. (Revisions in Redline)

FIGURE 17.07.040.D.2.G.I: FULL-HEIGHT RECESSES
ii. Window and Balcony Placement. Offset windows to avoid direct sight lines into and from neighboring properties. Position balconies and other private open space so they minimize views into neighboring properties.
(Revisions in Redline)

FIGURE 17.07.040.D.2.G.II: WINDOW AND BALCONY PLACEMENT

3. Garage Frontage. Limit the appearance of attached garages. Garage width shall not exceed fifty percent of the linear street-facing elevation of any multi-unit development.

FIGURE 17.07.040.D.3: GARAGE FRONTAGE
a. Attached garages located on the unit frontage should be recessed behind the front elevation wall plane.

FIGURE 17.07.040.3.A: ATTACHED GARAGES
(Revisions in Redline)

b. Garage placement should minimize paved area and maximize usable open space areas on the site.

4. Parking Area Limitation. Uncovered parking areas shall not exceed twenty percent of the total site area unless a greater area is approved through design review.

5. Pedestrian Access. On-site pedestrian circulation and access shall be provided according to the following standards.
a. Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.
b. To Circulation Network. Regular connections between on-site walkways and the public sidewalk and other planned or existing pedestrian routes shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage. c. To Neighbors. Direct and convenient access shall be provided to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security. d. To Transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances.
e. Pedestrian Walkway Design.
i. Walkways shall be a minimum of four feet wide, shall be hard-surfaced, and paved with concrete, stone, tile, brick, or comparable material.
ii. Where a required walkway crosses parking areas or loading areas, it must be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method.
iii. Where a required walkway is parallel and adjacent to an auto travel lane, it must be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

E. Single Family Residential Design Review Guidelines. The following projects are subject to single family residential design review process as adopted by the Planning Commission on April 24, 2007, or as amended:

1. New single family residences.

2. Second-story additions and exterior modifications to existing single-family residences.

3. Additions and exterior modifications at the front (including street side yards for corner lots) of existing single-family residences.
(Revisions in Redline)

FIGURE 17.07.030.B: ATTACHED SINGLE-UNIT DWELLINGS

17.07.040 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. 503, § 1(Exh. A), 1-25-2018; Ord. No. 516, § 4(Exh. A), 9-26-2019)

17.07.050 Supplemental regulations.

A. Parking of Commercial Vehicles Prohibited. No commercial vehicle in excess of ten thousand pounds manufacturer's gross vehicle weight rating shall be parked or stored on any lot in a residential district.

This section shall not prohibit temporary parking of any such vehicle while making pickups or deliveries or providing services for the residents of the lot on which the vehicle is parked.

B. Vehicle and Equipment Repairs or Fabrication. Repair, fabrication or other work on automobile or vehicle or equipment on residential premises shall be subject to the following conditions and restrictions:

1. Such work shall be limited to those vehicles or equipment which may be stored within a private garage upon residential premises.

2. Such work shall be done only upon such vehicles or equipment which are owned by an occupant of the residential premises.

3. Such work shall be done only between the hours of 8:00 a.m. and 8:00 p.m.

4. Such work shall not be done in a public right-of-way. (Revisions in Redline)

5. Storage of parts for such vehicles or equipment on the premises shall be limited to those parts reasonably necessary for the repair of the occupant's vehicle or equipment.

6. Such work shall be limited to minor repair and service on noncommercial vehicles to include such things as battery replacement, tire repair, brake servicing, changing of small parts, oil changes and lubrication, engine tune-up and similar routine maintenance and preventative maintenance work.

C. Single Family Residential Design Review Guidelines. Projects consisting of a single-unit dwelling (singleunit residential development) shall be subject to the applicable objective design and development standards in Chapter 17.28 Residential and Residential Mixed-Use Design Standards, except that projects subject to Single-Unit Design Review pursuant to Section 17.34.020 shall comply with the applicable guidelines adopted by the Planning Commission on April 24, 2007, or as amended.

Chapter 17.08 COMMERCIAL AND MIXED USE DISTRICTS
(Revisions in Redline)

Chapter 17.08 COMMERCIAL AND MIXED USE DISTRICTS

17.08.010 Purpose and applicability.

The specific purposes of the commercial and mixed use districts are to:

A. Provide for the orderly, well-planned, and balanced development of commercial and mixed-use districts; B. Designate adequate land for a full range of local- and regional-serving retail and commercial services consistent with the general plan to maintain and strengthen the city's economic resources; C. Provide appropriately located areas for a range of commercial uses that provide for a variety of goods and services for residents, employees, and visitors;
D. Provide opportunities for a mix of complementary uses that may combine residential and non-residential uses or combine a variety of non-residential uses on the same site; and E. Promote pedestrian-oriented, mixed-use commercial centers at appropriate locations.

F. Where housing is allowed:

1. Provide for a full range of housing types consistent with the general plan;

2. Preserve, protect and enhance the character of the city's different neighborhoods and the quality of life of city residents;

3. Ensure adequate light, air, privacy, and open space for each dwelling;

4. Ensure that the scale and design of new development and alterations to existing structures are compatible with surrounding residential development and appropriate to the physical characteristics of the site and the area where the project is proposed; and Additional purposes of each commercial and mixed use district are as follows:

NC neighborhood commercial. This district is intended to provide areas for smaller-scale neighborhood shopping centers which provide goods, services, and businesses to meet the day-to-day needs of surrounding residential neighborhoods. These areas should be developed and maintained to provide convenient, walkable shopping destinations for nearby residents. As indicated in the Housing Element of the General Plan, structures that are entirely residential or entirely commercial are both permitted, but the optimal development form on larger sites includes housing located above ground level commercial. This district implements the neighborhood commercial general plan land use designation.

CMU commercial mixed use. This district is intended to support a combination of office, residential, and retail uses, with an emphasis on specialty commercial uses such as antique stores, boutiques, galleries, cafes, and restaurants. Development standards are intended to foster a walkable, pedestrian-oriented character that emphasizes a fine-grained building scale and streetscape. Structures that are entirely residential or entirely commercial are both permitted, but the optimal development form on larger sites includes housing located above (Revisions in Redline)

ground level retail shops or servicescommercial. This district implements the commercial mixed use general plan land use designation.

CR commercial retail. This district is intended to support a pedestrian-oriented retail environment that encourages pedestrian activity. This district provides a variety of uses including, but not limited to, grocery, personal service, neighborhood serving retail, and entertainment. Development standards are intended to foster a walkable, pedestrian-oriented character that emphasizes a fine-grained building scale and streetscape. Parcels may include multiple land uses as individual buildings or within each building. This district implements the community commercial general plan land use designation.

CC community commercial. This district provides locations for services and businesses which meet the comparison shopping needs of the city's residents and workers. Such centers may include supermarkets, home improvement stores, variety stores, pharmacies, restaurants, and similar uses which serve the community. Largerscale commercial uses such as hotels and office buildings are acceptable. Structures that are entirely residential or entirely commercial are both permitted, but the optimal development form on larger sites includes housing located above ground level commercial.Community commercial areas are generally not appropriate for residential use, although housing may be considered as a component of planned developments within these areas in the event a shopping center is reused. This district implements the community commercial general plan land use designation.

RC regional commercial. This district is intended to support the large scale shopping facilities. It includes a broad array of goods and services, including department stores, retail shops, restaurants, entertainment facilities, and similar uses which draw patrons from throughout Newark and the surrounding region. Uses such as hotels and corporate office buildings are acceptable. Housing at densities greater than thirty units per acre may are permitted to be included if such housing is a component of a vertically mixed-use building or planned development which is primarily oriented around regional retail uses. This district implements the regional commercial general plan land use designation.
(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.08.020 Land use regulations.

Table 17.08.020, Land Use Regulations-Commercial and Mixed Use Districts, prescribes the land use regulations for commercial and mixed use districts. 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 right-hand column refer to other sections of this title. Numbers in parentheses refer to specific limitations listed at the end of the table.

TABLE 17.08.020: LAND USE REGULATIONS-COMMERCIAL AND MIXED USE DISTRICTS "P" Permitted Use; "M" Minor Use Permit Required; "C" Conditional Use Permit Required; "-" Use Not Allowed Use Classification NC CMU CR CC RC Additional Regulations (Revisions in Redline)

Residential Uses
Residential Housing Types
Single-Unit Dwelling, Attached P (2)- P(1, 2) - - - See Chapter 17.28, Residential and
Residential Mixed-Use
Design Standards
Multi-Unit Development P (2)- P(1, 2) - P (2)- P C(2) See Chapter 17.28, Residential and
Residential Mixed-Use
Design Standards
Family Day Care
Small - P - - -
Group Residential - M(1) - - -
Residential Care Facilities
Small - P - - -
Single Room Occupancy - C(1) - - - See Section 17.26.230, Single Room Occupancy
Units
Public/Semi-Public Uses
Colleges and Trade Schools C C C M M
Community Assembly C C C C C
Cultural Institutions M M M M M
Day Care Centers M M M M M See Section 17.26.090,
Day Care
Funeral Parlors and Interment
Services
- - - M -
Government Offices P P P P P
Hospital and Clinics
Clinic M M M M M
(Revisions in Redline)

Instructional Services M M M M M A minimum separation
of 300 ft is required
between two
instructional services
Park and Recreation Facilities M M M M M
Parking Lots and Structures M M M M M
Public Safety Facilities P P P P P
Schools M M M M M
Social Service Facilities - M M M M
Tutoring Facilities M M M M M A minimum separation
of 300 ft is required
between two tutoring
facilities
Commercial Uses
Adult Business - - - P - See Section 17.26.050,
Adult Oriented
Businesses
Animal Care, Sales, and Services
Animal Sales and Grooming P P P P P
Boarding/Kennels - - - C C
Veterinary Services M M M M M
Artist's Studio P P P P P
Automobile/Vehicle Sales and Services
Automobile Rentals M M M M P See Section 17.26.060,
Automobile/Vehicle
Sales and Services
Automobile/Vehicle Sales and
Leasing
- - - P P
Automobile/Vehicle Service
and Repair, Minor
- - - M M
(Revisions in Redline)

Large Vehicle and Equipment
Sales, Service and Rental
- - - - M
Service and Gas Stations C - - M M
Washing - - - M M
Banks and Financial Institutions
Banks and Credit Unions P P P P P
Check-Cashing Businesses - - - - C See Section 17.26.070, Check Cashing Business
Banquet Hall - - - - C
Business Services P P P P P
Commercial Entertainment and Recreation
Cinema/Theaters - P P P P
Indoor Sports and Recreation - - C C C
Outdoor Entertainment - - - - M
Outdoor Recreation - - - - M
Drive-Through Facility C - M M M See Section 17.26.100, Drive-In and DriveThrough Facilities
Eating and Drinking Establishments
Bars/Night Clubs/Lounges - M M M M
Restaurant, Full Service M M M M M
Restaurant, Limited Service M M M M M
Restaurant, Take-Out Only M M M M M
Farmer's Markets P P P P P See Section 17.26.120,
Farmer's Markets
Food Preparation M M M M M
Hookah Lounge - - - P - See Section 17.26.150,
Hookah Lounges
(Revisions in Redline)

Live/Work Units P- P(1,
2)M
- - P- P(2)M See Section 17.26.130,
Live/Work Units
Lodging
Hotels C C P P P
Motels - - - - C
Maintenance and Repair
Services

M M M M M
Nurseries and Garden Center P P P P P
Offices
Business, Professional, and
Technology

M M M M M
Medical and Dental M M M M M
Walk-In Clientele M M M M M
Personal Services
General Personal Services M M M M M See Section 17.26.200, Personal Services
Fortune, Palm, and Card
Reader
- - - P -
Massage Establishments - - C C C
Tattoo or Body Modification
Parlor
- - - P -
Retail Sales
Building Materials Sales and
Services
- - - P P
Convenience Markets P(3) P(3) P(3) M(3) M(3)
Food and Beverage Sales P(3) P(3) P(3) P(3) P(3)
Gold, Semi-Precious, Precious
Metal Buying Stores
- - - - C
General Retail P P P P P
(Revisions in Redline)

Pawn Store - - - - C
Secondhand Store C C C C C
Tobacco Retailer - - - - C See Section 17.26.270,
Tobacco Retailers
Transportation, Communication, and Utility Uses
Communication Facilities
Telecommunication See Section 17.26.250, Telecommunication Facilities Light Fleet-Based Services C C C C C
Recycling Facility
Reverse Vending Machine M M M M M See Section 17.26.210, Recycling Facilities
Transportation Passenger
Terminals

M M M M M
Other Applicable Types
Accessory Uses and Structures See Section 17.17.020, Accessory Buildings and Structures, and Section

17.26.030, Accessory Uses
Home Occupations See Section 17.26.140, Home Occupations Live Entertainment C C C C C
Nonconforming Use See Chapter 17.22, Nonconforming Provisions 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
Specific Limitations:

1. Single-Unit Dwelling, Attached uses are not permitted in the Old Town Newark Specific Plan area.

Residential uses are not allowed on the ground floor along Newark Boulevard frontage and Thornton Avenue frontage, between the Union Pacific Railroad tracks and Olive Street.

2. Commercial ground floor areas are required pursuant to the standards established in Section 17.08.040 (F).

Residential uses are Nnot allowed on the ground floor of any façade facing a public right of way except for live work units. Residential units shall be intended to support retail commercial uses of the project. (Revisions in Redline)

3. Conditional use permit pursuant to Chapter 17.35, Use Permits, is required for any establishment that either devotes forty percent or more of floor area or display area to, or derives seventy-five percent or more of gross sales receipts from, the sale or exchange of alcohol. (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; Ord. No. 532, § 4(Exh. B), 10-14-2021)

17.08.030 Development standards.

Table 17.08.030, Development Standards-Commercial and Mixed Use Districts, prescribes the development standards for commercial and mixed use districts. Additional regulations are denoted in the right-hand column.

See Section 17.07.050 and Chapter 17.28 for design standards for residential and residential mixed-use development. Section numbers in this column refer to other sections of this title.

TABLE 17.08.030: DEVELOPMENT STANDARDS-COMMERCIAL AND MIXED USE DISTRICTS Standard NC CMU CR CC RC Additional
Regulations
Lot and Density Standards
Density (units/acre)
Maximum 120- 60120, 100
within the
Old Town
Newark
Specific Plan
area
- 120- 120
Minimum - 40 40, 30 within
the Old Town
Newark
Specific Plan
area
(F)- 40- 4030
Minimum Lot Size
(sq ft)
5,000 20,000 20,000 20,000 20,000
Minimum Lot
Width (ft)
50 100 100 100 100
Height Standards
(Revisions in Redline)

Maximum Height
(ft)
40 (D), 30
within 20 ft
of an RS or
RL District
boundary
60 (D), 75
within the
Old Town
Specific Plan
area (G), 48
within 20 ft
of an RM
District
boundary, 35
within 20 ft
of an RS or RL
District
boundary
75 (D) 100 (D) 250 (D) See Section

17.17.050,
Height and
Height
Exceptions
Minimum Ground
Floor Height (ft)
18 18, 16 within
the Old Town
Specific Plan
area
18 18 18
Building Location Standards
Minimum Setbacks (ft)
Front 0 0 0 0 0
Interior Side 0, 20
abutting an
RS or RL
Residential
District, 5
abutting an
RM or RH
District, (E)
0, 20 abutting
an RS or RL
District, 5
abutting an
RM or RH
District, (E),
(H)
a RS District
boundary or
any lot
developed
with a single
family
residence
0 0, 20
abutting an
RS or RL
District (10
within the
Old Town
Specific
Plan area),
5 abutting
an RM or
RH District,
(E) a
Residential
District
0 See Section

17.17.090,
Projections
into Yards and
Required
Building
Separations.

Required
setbacks apply
to the ends of
rows of
attached
single-unit
dwellings
Street Side 0 0 0 0 0
(Revisions in Redline)

Rear 0, 20
abutting an
RS or RL
District, 10
abutting an
RM or RH
Districtabu
tting a
Residential
District
0, 10 abutting
a RS
Residential
District
boundary or
any lot
developed
with a single
family
residence
0, 20
abutting an
RS or RL
District, 10
abutting an
RM or RH
District
0, 20
abutting an
RS or RL
District, 10
abutting an
RM or RH
District,abu
tting a
Residential
District, ( I)
0, 20
abutting an
RS or RL
District, 10
abutting an
RM or RH
District
See Section

17.17.090,
Projections
into Yards and
Required
Building
Separations
Maximum Setbacks (ft)
Front n/a 10 (B) n/a n/a n/a
Street Side n/a 10 (B) n/a n/a n/a
Landscaping and Open Space Standards
Minimum
Landscape Area
(% of lot)
10 5, 0 within
the Old Town
Specific Plan
area
10 10 10 See Chapter

17.21,
Landscaping
Minimum Open
Space (sq ft per
residential unit)
50 (C)n/a 50 (C) 50 (C)n/a 50 (C)n/a 50 (C)
Additional Development Standards.

A. Reserved.

B. Required Building Location, CMU District. The following building location requirements apply in the CMU district.

1. Build-to Line. Buildings shall be located within ten feet of street-facing property lines for at least sixty percent of the linear street frontage.

2. Corner Build Area. Buildings shall be located within ten feet of the property line within thirty feet of the street corner.

3. Frontage Improvements. The area between buildings and the property line shall be improved as part of a wider sidewalk, bicycle facility, outdoor dining/seating area, or with landscaping. (Revisions in Redline)

4. Exceptions and Waivers. These requirements may be modified or waived through design review or for projects subject to Chapter 17.28 Residential and Residential Mixed-Use Design Standards through the waiver procedures prescribed in Chapter 17.37 upon finding that:
a. Entry courtyards, plazas, entries, or outdoor eating areas are located adjacent to the property line and buildings are built to the edge of the courtyard, plaza, or dining area.; or b. The building incorporates an alternative entrance design that creates a welcoming entry feature facing the street.

FIGURE 17.08.030.B: REQUIRED BUILDING LOCATION, CMU DISTRICT C. Open Space. Required open space shall conform to the standards provided in 17.28.080. Where required, open space, unoccupied by main or accessory structures and open and unobstructed to the sky, shall be provided in accordance with the following standards:

1. Configuration. Required usable open space may consist of a single area or several adjacent or separate areas. All occupants shall have access to and use of one or more of such areas. (Revisions in Redline)

2. Type of Open Space. Required open space shall be provided as private or common open space. a. Private areas typically consist of balconies, decks, patios, fenced yards, and other similar areas outside the residence.
b. Common areas typically consist of landscaped areas, patios, swimming pools, barbeque areas, tennis courts, playgrounds, turf, or other such improvements as are appropriate to enhance the outdoor environment of the development.

3. Minimum Dimensions.
a. Private Open Space. Private open space located on the ground level (e.g., yards, decks, patios) shall have no dimension less than ten feet. Private open space located above ground level (e.g., balconies) shall have no dimension less than six feet.
b. Common Open Space. Minimum dimension of twenty feet.

4. Usability. A surface shall be provided that allows convenient use for outdoor living and/or recreation.

Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, decking, or other serviceable, dust-free surfacing. Slope shall not exceed ten percent.

5. Location.
a. Required open space shall not be located in a required front or street side setback. b. No portion of required open space shall be used for driveways of off-street parking and loading facilities or as access to more than one dwelling unit. c. Open space may be located on the roof of buildings or above required off-street parking facilities.

6. Accessibility.
a. Private Open Space. The space shall be accessible to only one living unit by a doorway to a habitable room or hallway.
b. Common Open Space. The space shall be accessible to the living units on the lot. It shall be served by any stairway or other access way qualifying as an egress facility from a habitable room.

7. Screening. Required private open space shall be screened by a solid fence or visually solid fence not less than six feet in height when located at ground level and by a solid railing or visually solid railing not less than forty-two inches in height when located on a balcony or balconies..

D. Transition standards for NC, CMU, CR, CC, RC Districts.: Height limits are further reduced to: 35 ft within 10 ft of an abutting RS or RL District along an interior side property line, 35 ft within 15 ft of an abutting RS or RL District along a rear property line.

E. There shall be no minimum interior side setback requirement along such portions of a property line where the adjoining parcel does not require a side setback.
(Revisions in Redline)

F. A minimum residential density of 40 units/acre is required if residential is permitted by right under state law and any residential units are proposed.

G. Transition standards for Old Town Specific Plan Area: Height limits are further reduced to 35 ft within 20 ft of an abutting RS or RL District along an interior side property line, 48 ft within 20 feet of an abutting RM District.

H. Interior side setbacks may be reduced to 5 feet within the Old Town Specific Plan area regardless of an abutting RS or RL use.

I. Rear setback of 10 feet allowed within the Old Town Specific Plan area regardless of abutting use. (Ord. No. 503, § 1(Exh. A), 1-25-2018; Ord. No. 532, § 4(Exh. B), 10-14-2021)

17.08.040 Supplemental regulations.

Applicability. Unless otherwise prescribed in Section 17.08.050, all non-residential uses in all commercial and mixed-use districts are subject to the supplemental regulations in this section. Residential uses subject to the standards of Chapter 17.28 are not subject to Section 17.08.040.

A. Minimum Dimensions of Leasable Area. Each individual lease space shall have a minimum width of thirty feet and a minimum depth of sixty feet. Modifications to these requirements may be granted where the review authority finds that site constraints are such that meeting the minimum leasable space dimensions is infeasible and the proposed leasable spaces are adequate to accommodate quality retail establishments.

B. Building Transparency/Required Openings. Exterior walls facing and within twenty feet of a front or street side lot line shall include windows, doors, or other openings for at least fifty percent of the building wall area located between two and one-half and seven feet above the level of the sidewalk. Such walls may run in a continuous plane for no more than thirty feet without an opening.

1. Design of Required Openings. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep.

2. Exceptions for Parking Garages. Multi-level garages are not required to meet the ground-floor transparency requirement.

3. Reductions through Design Review. The building transparency requirement may be reduced or waived through design review upon finding that:
a. The proposed use has unique operational characteristics with which providing the required windows and openings is incompatible, such as in the case of a cinema or theater; and b. Street-facing building walls will exhibit architectural relief and detail, and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level. (Revisions in Redline)

FIGURE 17.08.040.B: BUILDING TRANSPARENCY/REQUIRED OPENINGS C. Exterior Building Materials and Colors.

1. A unified palette of quality materials shall be used on all sides of buildings.

2. Exterior building materials shall be stone, brick, stucco, concrete block, painted wood clapboard, painted metal clapboard or other quality, durable materials approved through design review.

D. Pedestrian Access. On-site pedestrian circulation and access shall be provided according to the following standards:

1. Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.

2. To Circulation Network. Regular connections between on-site walkways and the public sidewalk shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage. Such walkway shall be the shortest practical distance between the main entry and sidewalk, no more than one hundred twenty-five percent of the straight-line distance.

3. To Neighbors. Direct and convenient access shall be provided from commercial and mixed-use projects to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security.

4. To Transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances. Sidewalk "bulb-outs", or bus "pull-outs" may be required at potential bus stops serving commercial centers (building floor area over twenty-five thousand square feet) to provide adequate waiting areas for transit users and safety for passing motorists.

5. Interior Pedestrian Walkway Design.
a. Walkways shall have a minimum clear unobstructed width of six feet, shall be hard-surfaced, and paved with permeable materials.
(Revisions in Redline)

b. Where a required walkway crosses driveways, parking areas, or loading areas, it must be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method. c. Where a required walkway is parallel and adjacent to an auto travel lane, it must be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

E. Limitations on Curb Cuts. Curb cuts shall be minimized and located in the location least likely to impede pedestrian circulation. Curb cuts shall be located at least twenty feet from an intersection curb return or pedestrian cross walk. New curb cuts shall not be permitted on Thornton Avenue, between the Union Pacific Railroad tracks and Olive Street, except in the case of interior lots or where sites are not accessible from any public right-of-way.

F. Additional Supplemental Regulations, NC, CMU, CC, and RC Districts. The following additional supplemental regulations apply in the NC, CMU, CC, and RC districts:

1. Required ground floor commercial area shall be no less than fifteen percent of the gross lot area of the site.
a. Waivers. In accordance with the waiver procedures prescribed in Chapter 17.37, the Zoning Administrator may review and approve a plan that deviates from the above ground floor commercial requirement in residential mixed-use developments to accommodate required parking, utilities, and setbacks.

2. Building Articulation. Any building with a dimension over one hundred twenty-five feet wide shall be broken down to read as a series of buildings no wider than one hundred twenty-five feet each.

3. Building Orientation.
a. Buildings shall be oriented to face public streets.
b. Building frontages shall be generally parallel to streets. c. Buildings shall be designed and oriented to minimize the visual intrusion into adjoining residential properties. Window, balcony and deck locations shall be directed away from window areas of adjoining residences (on-site or off-site).

4. Building Entrances.
a. The primary building entrance shall face a public sidewalk. b. Building entrances shall be emphasized with special architectural and landscape treatments. c. Entrances located at corners shall generally be located at a forty-five-degree angle to the corner and shall have a distinct architectural treatment to animate the intersection and facilitate pedestrian flow around the corner. Different treatments may include angled or rounded corners, arches, and other architectural elements.
(Revisions in Redline)

d. All building and dwelling units located in the interior of a site shall have entrances from a sidewalk that is designed as an extension of the public sidewalk and that connect to a public sidewalk.

FIGURE 17.08.040.B.F.4: BUILDING ENTRANCES

5. Limitations on Location of Parking. Off-street parking spaces shall be located to the rear of principal buildings whenever possible. At grade and above ground parking that is not time restricted may not be located within the required setback of a street facing property line. Short-term parking such as for drop-off or loading areas or timed parking for visitors are exempt from this requirement. Above ground parking may not be located within forty feet of a street facing property line. Exceptions may be granted through design review upon finding that:
a. Exceptions and Waivers. These requirements may be modified or waived through design review or for projects subject to Chapter 17.28 Residential and Residential Mixed-Use Design Standards the waiver procedures prescribed in Chapter 17.37 upon finding that:
a. i. The design incorporates habitable space built close to the public sidewalk to the maximum extent feasible;
b.ii. The site is small and constrained such that underground parking or surface parking located more than forty feet from the street frontageoutside of the required setback is not feasible. (Ord. No. 503, § 1(Exh. A), 1-25-2018; Ord. No. 532, § 4(Exh. B), 10-14-2021)

17.08.050 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 17.09 EMPLOYMENT DISTRICTS
(Revisions in Redline)

Chapter 17.09 EMPLOYMENT DISTRICTS

17.09.010 Purpose and applicability.

The specific purposes of the employment districts are to:

A. Designate adequate land for businesses, professional offices, and industrial growth consistent with the general plan to maintain and strengthen the city's economic resources; B. Provide a range of employment opportunities to meet the needs of current and future residents; and C. Provide areas for a wide range of manufacturing, industrial processing, and service commercial uses and protect areas where such uses now exist.

Additional purposes of each employment district are as follows:

PO professional office. This district reserves area for local-serving professional and administrative office uses such as finance, insurance, and real estate businesses, legal and other professional services, banks, personal services, business support activities, and dental and medical services. These uses may form a transition between retail and residential uses, or a buffer between arterial streets and residential areas. Residential uses are only permitted as a component of a planned development. This district implements the office commercial general plan land use designation.

BTP business and technology park. This district provides locations for advanced technology research and development, manufacturing, and related support facilities in large or campus-like environments with high quality building design, landscaping, and aesthetic amenities, including business parks, industrial parks, technology parks, and other master planned industrial subdivisions. Complementary uses which support the employee population, such as hotels, restaurants, office buildings, childcare facilities, and business services are allowed. This district implements the special industrial general plan land use designation.

LI limited industrial. This district is intended to meet the needs of a variety of light industrial and commercial service uses. It serves as a transition between heavier industrial activities and residential neighborhoods. Typical uses include light manufacturing, warehousing, auto repair, and general services. Limited office, recreation, assembly, and retail uses are allowed where appropriate in a light industrial setting. This district implements the limited industrial general plan land use designation.

GI general industrial. This district is intended to accommodate the broadest range of industrial uses. It includes industrial buildings and complexes, distribution, warehouses, manufacturing and assembly, and other uses that are often characterized by outdoor storage, noise, odors, hazardous materials handling, and heavy truck activity. Nonindustrial uses such as retail stores, free-standing office buildings, and assembly uses are not allowed. This district implements the general industrial general plan land use designation. (Ord. No. 503, § 1(Exh. A), 1-25-2018)
(Revisions in Redline)

17.09.020 Land use regulations.

Table 17.09.020, Land Use Regulations-Employment Districts, prescribes the land use regulations for employment districts. 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. Numbers in parentheses refer to specific limitations listed at the end of the table.

TABLE 17.09.020: LAND USE REGULATIONS-EMPLOYMENT DISTRICTS "P" Permitted Use; "M" Minor Use Permit Required; "C" Conditional Use Permit Required; "-" Use Not Allowed Use Classification PO BTP LI GI Additional Regulations
Residential Uses
Multi-Unit Development Residential uses are not permitted uses, however, in some cases residential uses are permitted by right in nonresidential zones by state law. Any residential and residential mixed-use development permitted by state law are subject to the provisions of this chapter and Chapter 17.28. Residential and Residential Mixed-Use Design Standards.

Caretaker Unit - - C C
Public/Semi-Public Uses
Colleges and Trade Schools C M M M
Community Assembly C - - -
Cultural Institutions C - - -
Day Care Centers C C(1) - - See Section 17.26.090,
Day Care
Government Offices P P - -
Hospital and Clinics
Hospitals - M - -
Clinic P - - -
Instructional Services P - - -
Park and Recreation Facilities P M M -
(Revisions in Redline)

Parking Lots and Structures M C(1) - -
Public Safety Facilities M C M M
Schools C - - -
Social Service Facilities M - - -
Tutoring Facilities C - - -
Commercial Uses
Animal Care, Sales, and Services
Animal Sales and Grooming - - M -
Boarding/Kennels - - - M(2)
Veterinary Services C - M -
Artist's Studio - - P M
Automobile/Vehicle Sales and Services
Automobile/Vehicle Sales and Leasing C - P - See Section 17.26.060, Automobile/Vehicle
Sales and Services Automobile/Vehicle Repair, Major - - M P Automobile/Vehicle Service and Repair,
Minor
- - P -
Large Vehicle and Equipment Sales,
Service and Rental
- - M P
Service and Gas Stations - - M C
Towing and Impound - - - C
Washing - - M M
Banks and Financial Institutions
Banks and Credit Unions P - - -
Business Services P P M M
Eating and Drinking Establishments
Restaurant, Full Service - C(1) - -
(Revisions in Redline)

Restaurant, Limited Service C C(1) - - See Section 17.26.170, Outdoor Dining and
Seating Restaurant, Take-Out Only - C(1) - -
Food Preparation - M M M
Lodging
Hotels C C(1) C C
Maintenance and Repair Services - - P P
Nurseries and Garden Center - - C C
Offices
Business, Professional, and Technology P P C C
Medical and Dental P M M -
Walk-In Clientele P - M -
Personal Services
General Personal Services M C(1) - - See Section 17.26.200, Personal Services
Retail Sales
Building Materials Sales and Services - - P P
Convenience Markets M(3) M(1) - -
Food and Beverage Sales M(3) M(1) C -
General Retail M M(1) C -
Industrial Uses
Construction and Material Yards - - C P
Custom Manufacturing - P P P
Donation Center/Station - - C C
Food and Beverage Manufacturing
Small Scale - - P P
Large Scale - - P P
(Revisions in Redline)

General Industrial - - P P
Light Industrial - M P P
Research and Development M P P P
Salvage and Wrecking - - - C
Warehousing and Storage
Chemical, Mineral, and Explosives
Storage
- - - C
Indoor Warehousing and Storage - C C C
Outdoor Storage - - C C
Personal Storage - - M M See Section 17.26.200,
Personal Storage
Wholesaling and Distribution - C C C
Transportation, Communication, and Utility Uses
Communication Facilities
Facilities within Buildings M M M M
Telecommunication See Section 17.26.250, Telecommunication Facilities Freight/Trucking Terminals - - C C
Light Fleet-Based Services - - P P
Public Works and Utilities - C M P
Recycling Facility
Reverse Vending Machine - - M M See Section 17.26.210,
Recycling Facilities
Recycling Collection Facility - - C C
Recycling Processing Facility - - - C
Transportation Passenger Terminals M M M M
Other Applicable Types
Accessory Uses and Structures See Section 17.17.020, Accessory Buildings and Structures, and Section 17.26.030, Accessory Uses
(Revisions in Redline)

Live Entertainment C - - -
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
Specific Limitations:

1. Permitted only as complementary uses serving industrial and technical campus-like development such as business parks, industrial parks, technology parks, and other master planned industrial subdivisions. Conditional if otherwise.

2. Prohibited within three hundred feet of any residential district.

3. Establishments that either devotes forty percent or more of floor area or display area to, or derives seventyfive percent or more of gross sales receipts from, the sale or exchange of alcohol are prohibited. (Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.09.030 Development standards.

Table 17.09.030, Development Standards-Employment Districts, prescribes the development standards for employment districts. Additional regulations are denoted in the right handright-hand column. Section numbers in this column refer to other sections of this title. Residential uses are not permitted uses in Employment Districts, however, in some cases residential uses are permitted by right in non-residential zones by state law. Any residential and residential mixed-use development permitted by state law are subject to the provisions of this chapter and Chapter 17.28. Residential and Residential Mixed-Use Design Standards.

TABLE 17.09.030: DEVELOPMENT STANDARDS-EMPLOYMENT DISTRICTS Standard PO BTP LI GI Additional
Regulations
Lot and Density Standards
Density (units/acre)
Maximum 100 (D) 120 (D) 120 (D) 120 (D)
(Revisions in Redline)

Minimum 40 (D) 40 (D) 40 (D) 40 (D)
Minimum Lot
Size (sq ft unless
noted)
10,000 2 acres 15,000 20,000
Minimum Lot
Width (ft)
60 100 60 60
Building Form and Location
Maximum
Building Height
(ft)
35, up to 50
with CUP, 50
for Residential
uses (C)
100, 45 within
300 ft of an RS
or RL
Residential
District
boundary
100, 35 within
100 ft of an RS
of RL
Residential
District
boundary
See (B) below See Section

17.17.050,
Height and
Height
Exceptions
Minimum Setbacks (ft)
Front 10 20(A) 10 10 See Section

17.17.090,
Projections into
Yards and
Required
Building
Separations
Interior Side 5 15 15, 25 from a
Residential
District
boundary
15, 50 from a
Residential
District
boundary
See Section

17.17.090,
Projections into
Yards and
Required
Building
Separations
Street Side 10 15(A) 15 15 See Section

17.17.090,
Projections into
Yards and
Required
Building
Separations
Rear 10 50 20, 25 from a
Residential
20, 50 from a
Residential
See Section

17.17.090,
(Revisions in Redline)

District
boundary
District
boundary
Projections into
Yards and
Required
Building
Separations
Minimum
Landscape Area
(% of lot)
5 10 n/a n/a See Chapter

17.21,
Landscaping
Additional Development Standards.

A. BTP District: Setbacks for Loading Dock Areas. In the BTP district, loading docks shall be set back a minimum of one hundred fifty feet from an arterial street unless an alternative noise barrier wall is approved through design review.

B. GI District: Maximum Height. In the GI district, maximum height is as follows:

1. Within ten feet of an RS or RL Residential District boundary: Thirty five feet.

2. More than ten feet but less than Within four hundred feet of a residential district boundary: One hundred feet.

3. More than four hundred feet but less than six hundred feet from a residential district boundary: One hundred fifty feet.

4. More than six hundred feet but less than one thousand feet from a residential district boundary: Two hundred feet.

5. One thousand feet or more from a residential district boundary: Five hundred feet or as approved through a conditional use permit.
(Revisions in Redline)

FIGURE 17.09.030.B: GI DISTRICT: MAXIMUM HEIGHT
C. Transition standards for PO, BTP, LI, and GI Districts: Height limits are further reduced to: 35 ft within 10 ft of an abutting RS or RL District along an interior side property line and 35 ft within 15 ft of an abutting RS or RL District along a rear property line
D. 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.

1. A minimum residential density of 40 units/acre is required in the PO, BTP, LI, and GI Districts if a residential use is permitted by right under state law and any residential units are proposed.

1.2. A maximum residential density of 100 units per net acre is required in the PO District and 120 units per net acre in the BTP, LI, and GI Districts if residential is permitted by right under state law. (Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.09.040 Supplemental regulations.

A. Hazards and Hazardous Materials.

1. Occupancy Classification. Groups H-1 and H-2 occupancy, as defined in the building code, shall not exceed fifty percent of the total building floor area on any site.

2. Hazardous Materials. The direct use of hazardous materials in fabrication shall not exceed thirty-five percent of the total building floor area on any site.

B. Business, Technology, and Office Parks. Business, technology, and office parks containing eighty thousand square feet or more of floor area shall provide the following:
(Revisions in Redline)

1. Open space areas equal to ten percent of the site area that provide gathering space or opportunities for active or passive recreation. Open space areas shall include benches or other seating. Amenities shall be included that enhance the comfort, aesthetics, or usability of the space, including but not limited to trees and other landscaping, shade structures, drinking fountains, water features, or public art.

2. Pedestrian walkways that connect all parts of the park, and connect to any existing or planned pedestrian facilities in adjacent neighborhoods.

3. Stormwater detention facilities incorporated into the site landscaping as a visual amenity.

4. A lighting, landscaping, and signage design concept for common areas.

C. Additional Supplemental Regulations, PO District. The following additional supplemental regulations apply in the PO district:

1. Building Transparency/Required Openings. Exterior walls facing and within twenty feet of a front or street side property line shall include windows, doors, or other openings for at least thirty percent of the building wall area located between two and one-half and seven feet above the level of the sidewalk. No wall may run in a continuous plane for more than thirty feet without an opening.

Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep. a. Reduction through Conditional Use PermitDesign Review. The building transparency requirement may be reduced or waived through design review upon finding that:
i. The proposed use has unique operational characteristics with which the provision of the required windows and openings is incompatible, such as in the case of a cinema, theater, or historic building; and
ii. Street-facing building walls will exhibit architectural relief and detail, or will be screened with attractive landscaping, in such a way as to create visual interest at the pedestrian level.

FIGURE 17.09.040.C.1: BUILDING TRANSPARENCY/REQUIRED OPENINGS, PO DISTRICT (Revisions in Redline)

2. Parking Location. In the PO district, parking shall be located at the side or rear of buildings wherever possible.

D. Additional Supplemental Regulations, BTP District. The following additional supplemental regulations apply in the BTP district:

1. Building Construction. Buildings shall be of new construction, and modular offices, relocated or prefabricated metal wall buildings shall not be permitted, except for temporary construction office trailers pursuant to Section 17.26.260, Temporary Uses.

2. Landscape Buffer. The following landscape buffers shall be provided unless the director finds a different landscape buffer requirement is adequate to provide an appropriate transition between the parking area or other use of the site and the right-of-way. a. Landscaped Setback between Parking Area and Right-of-Way. A landscaped setback at least ten feet wide shall be provided between the parking area and adjacent right-of-way. A minimum of one fifteen-gallon tree and two five-gallon shrubs shall be provided for every forty feet of the street frontage.

FIGURE 17.09.040.D.2.A: LANDSCAPED SETBACK BETWEEN PARKING AREA AND RIGHT-OF-WAY (Revisions in Redline)

b. Landscape Buffer Adjacent to Wide Right-of-Way. The first fifty feet of any site depth contiguous to any existing or proposed right-of-way exceeding one hundred feet in width shall be landscaped and shall not be used for off-street parking and loading.

3. Truck Docks, Loading, and Service Areas, BTP District. In the BTP district, truck docks, loading, and service areas shall be set back a minimum of one hundred fifty feet from an arterial.

4. Public Art Plan. In the BTP district, a public art plan may be provided for city council review and approval to assure that the intent of Resolution No. 6582 "Resolution of the City Council of the City of Newark adopting a policy for providing art in public places and private development" is met. The plan shall provide for high quality architecture and for the provision of public art at locations that are of critical aesthetic concern to the city (i.e., gateways and major arterials).

E. Additional Supplemental Regulations, LI and GI Districts. In the LI and GI Districts, a landscaped setback at least ten feet wide shall be provided between the parking area and adjacent right-of-way. A minimum of one fifteen-gallon tree and two five-gallon shrubs shall be provided for every forty feet of the street frontage.
(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.09.050 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 17.10 PUBLIC AND SEMI-PUBLIC DISTRICTS
(Revisions in Redline)

Chapter 17.10 PUBLIC AND SEMI-PUBLIC DISTRICTS

17.10.010 Purpose and applicability.

The specific purposes of the public and semi-public districts are to:

A. Provide land for development of public, quasi-public, recreation, and open space uses that provide services to the community and support existing and new residential, commercial, and industrial land uses; B. Provide areas for educational facilities, cultural and institutional uses, health services, parks and recreation, general government operations, utility and public service needs, transit facilities, and other similar and related supporting uses; and
C. Provide opportunities for outdoor recreation, and meet the recreational needs of Newark residents.

Additional purposes of each public and semi-public district are as follows:

PF public facilities. This district is intended for public facilities, such as fire stations, city offices, libraries, corporation yards, pumping stations, transportation facilities, utilities, schools, institutional uses, residential uses providing one hundred percent of the units in the project (other than manager’s units) as affordable to lowerincome households, and other public and quasi-public uses. The public facilities district implements the publicinstitutional general plan land use designation.

TS transit station. This district is intended for transit stations and associated parking areas.

PK Park. The PK park district is intended to identify areas for active recreation, including city parks and other areas that support recreational activities. Typical uses include playgrounds, picnic areas, sports fields, golf courses, recreational clubs, and other appropriate recreational uses. This district implements the parks and recreation facilities general plan land use designation.

OS Open Space. The OS open space district is intended for undeveloped park lands, wildlife habitat, and wetlands. Land within this District is typically owned by public agencies. A limited number of recreational improvements such as trails and interpretive nature centers are allowed, however the intent of this district is to facilitate the restoration and enhancement of native habitat. The open space district implements the conservationopen space general plan land use designation.

17.10.020 Land use regulations.

Table 17.10.020, Land Use Regulations-Public and Semi-Public Districts, prescribes the land use regulations for public and semi-public districts. 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. Numbers in parentheses refer to specific limitations listed at the end of the table.
(Revisions in Redline)

TABLE 17.10.020: LAND USE REGULATIONS-PUBLIC AND SEMI-PUBLIC DISTRICTS "P" Permitted Use; "M" Minor Use Permit Required; "C" Conditional Use Permit Required; "-" Use Not Allowed Use Classification PF TS PK OS Additional
Regulations
Residential
Multi-unit P - (6, 7) - (7) - (7) - (7) See Chapter

17.28, Residential
and Residential
Mixed-Use Design
Standards
Public/Semi-Public Uses
Cemetery P - - -
Colleges and Trade Schools P - - -
Community Assembly P - P(1) -
Community Garden P - P - See Section

17.26.080,
Community
Garden
Cultural Institutions P - P -
Day Care Centers P - - - See Section

17.26.090, Day
Care
Emergency Shelter P P P - See Section

17.26.110,
Emergency
Shelter
Government Offices P - - -
Hospital and Clinics
Hospitals P - - -
Clinic P - - -
Instructional Services P - - -
(Revisions in Redline)