(Place-Based Strategies to Support Infrastructure Improvements). In addition, the element should add or modify programs, as follows:
• Program 1.4 (Partnership Opportunities for Affordable Housing): The Program should include geographic targeting (e.g., throughout the City, in relatively higher income areas) and metrics or numeric objectives (e.g., number of housing units).
• Program 2.6 (Accessory Dwelling Unit (ADU) Amnesty): The Program should include geographic targeting and metrics.
• Program 4.1 (Support Services for Individuals Experiencing Homelessness): The Program should include geographic targeting and metrics.
• Program 4.4 (Extremely Low-Income (ELI) Residents): The Program should include geographic targeting and metrics.
• Program 4.7 (Place-Based Strategies for Environmental Mitigation): The Program should include specific commitment beyond environmental review of new growth areas and metrics.
• Program 4.8 (Family Friendly Housing): The Program should include geographic targeting.
• Program 5.2 (First Time Homebuyer Assistance): The Program should include geographic targeting and metrics.
• Program 5.6 (Place-Based Strategies to Support Economic Mobility): The Program should include geographic targeting and metrics. • Program 5.7 (Place-Based Strategies to Support Infrastructure Improvements): The Program should consider additional types of improvements such as parks, community amenities and facilities, safe routes to school. In addition, the Program should commit to apply for funding at least every other year.
• Program 5.8 (Place-Based Strategies to Improve Educational Opportunities): The Program should include metrics.
• Program 5.9 (ADU Outreach and Incentives): The Program should include geographic targeting and metrics.
2. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities... (Gov. Code, § 65583, subd. (c)(1).)
Michael E. Holland, City Manager
Realistic Capacity: The element now includes information on recent residential development trends; however, these trends do not support the realistic capacity assumptions included in the sites inventory, particularly for medium- and highdensity projects. The element should lower realistic capacity assumptions or include additional supporting information from surrounding areas. Based on the outcomes of a complete analysis, the element should add or modify programs, as appropriate.
Electronic Site Inventory: As noted in the prior review, pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory and submit an electronic version of the sites inventory. While the City has submitted an electronic version of the sites inventory, if changes occur, any future adopted versions of the element must also submit the electronic version of the sites inventory.
3. The Housing Element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate-income households. (Gov. Code, § 65583, subd. (c)(2).) Special Housing Needs: Some programs included under Goal 4 of the element (Provide New Affordable and Other Special Needs Housing) were revised to include specific actions and proactive timing. However, Programs 4.4 (Housing for ELI Residents) and 4.8 (Family Friendly Housing) contain unclear language (e.g., “Consider”; “Promote”; “Encourage”). These Programs should be amended with specific commitment toward housing outcomes. For example, Program 4.8 should go beyond researching options for incentives and commit to establish incentives by a specified date.
The element will meet the statutory requirements of State Housing Element Law once it has been revised, adopted, submitted to, and reviewed by HCD to comply with the above requirements pursuant to Government Code section 65585.
As a reminder, the City’s 6th cycle housing element was due December 31, 2023. As of today, the City has not completed the housing element process for the 6th cycle. The City’s 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to revise the element as described above, adopt, and submit to HCD to regain housing element compliance.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), as the City did not adopt a compliant housing element within 120 days of the statutory deadline (December 31, 2024), Programs (e.g., Program 1.9 - Land Use and Zoning Code Changes to Accommodate RHNA) to accommodate the RHNA or make prior identified sites available must be completed no later than one year from the statutory Michael E. Holland, City Manager
deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). Please be aware, if the City does not adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until the necessary rezones are complete pursuant to Government Code sections 65583, subdivision (c)(1)(A) and 65583.2, subdivision (c).
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable Communities program, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.
HCD appreciates the hard work and dedication the housing element update team provided during the housing element update and review. We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Emily Hovda, of our staff, at [email protected].
Sincerely,
Paul McDougall
Senior Program Manager
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
September 6, 2024
Michael E. Holland, City Manager
City of Newman
938 Fresno Street
Newman, CA 95360
Dear Michael E. Holland:
RE: City of Newman’s 6th Cycle (2023-2031) Revised Draft Housing Element Thank you for submitting the City of Newman’s (City) revised draft housing element update received for review on September 4, 2024. Pursuant to Government Code Section 65585, the California Department of Housing and Community Development (HCD) is reporting the results of its review.
The revised draft element meets the statutory requirements that were described in HCD’s July 25, 2024 review. The housing element will substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq) when it is adopted, submitted to and approved by HCD, in accordance with Government Code section 65585.
As a reminder, the City’s 6th cycle housing element was due December 31, 2023. As of today, the City has not completed the housing element process for the 6th cycle. The City’s 6th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to adopt and submit to HCD to regain housing element compliance.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government does not adopt a compliant housing element within 120 days of the statutory deadline (December 31, 2023), then any rezoning to make prior identified sites available or accommodate the regional housing needs allocation (RHNA) (e.g., Programs 1.3 – Northwest Newman Master Plan and Annexation and 1.9 – Land Use and Zoning Changes to Accommodate RHNA) shall be completed no later than one year from the statutory deadline pursuant to Government Code sections 65583, subdivision (c) and 65583.2, subdivision (c). Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). Please be aware, if the City does not adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until these rezones are completed.
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element Michael E. Holland, City Manager
process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.
Pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory.
Please see HCD’s housing element webpage at https://www.hcd.ca.gov/planning-andcommunity-development/housing-elements for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance.
Please note, upon adoption of the housing element, the City must submit an electronic version of the sites inventory with its adopted housing element to [email protected].
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities program, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
HCD appreciates the hard work and dedication of the City’s housing element team and consultants in preparation of the housing element and looks forward to receiving the City’s adopted housing element. If you have any questions or need additional technical assistance, please contact Emily Hovda, of our staff, at [email protected].
Sincerely,
Paul McDougall
Senior Program Manager
Mitigated Negative Declaration
6th Cycle Housing Element Update
City of Newman
July 12, 2024
Prepared by
EMC Planning Group
This document was produced on recycled paper.
MITIGATED NEGATIVE DECLARATION
6TH CYCLE HOUSING ELEMENT UPDATE
CITY OF NEWMAN
PREPARED FOR
City of Newman
Michael E. Holland, City Manager
938 Fresno Street
Newman, CA 95360
Tel 209.862.3725
PREPARED BY
EMC Planning Group Inc.
601 Abrego Street
Monterey, CA 93940
Tel 831.649.1799
Fax 831.649.8399
Teri Wissler Adam, Senior Principal
[email protected]
www.emcplanning.com
July 12, 2024
Mitigated Negative Declaration 1 EMC Planning Group
City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024
MITIGATED NEGATIVE DECLARATION
In Compliance with the
California Environmental Quality Act (CEQA)
Project Name City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update
Lead Agency City of Newman
Project Proponent City of Newman
Project Location City of Newman
Project Description The project includes the update to the City of Newman 6th Cycle Housing Element Update Housing and Community
Development (HCD) Revised Draft (dated May 28, 2024).
The Housing Element Update plans for 1,832 housing units over the next eight years, which is 784 units more than the City’s RHNA. A total of 23 housing opportunity sites have been identified to meet the RHNA; however, one site is a pipeline project and is therefore not evaluated in this initial study.
It is not expected that the updates to the City’s Safety Element would result in any reasonably foreseeable physical changes. Therefore, this initial study will focus primarily on the physical changes of the Housing Element Update and
include analysis of the Safety Element update as appropriate.
Public Review Period Begins – July 24, 2024
Ends – August 23, 2024
Written Comments To Michael E. Holland, City Manager
[email protected]
City of Newman
938 Fresno Street
P.O. Box 787
Newman, CA 95360
Proposed Findings The City of Newman is the custodian of the documents and other material that constitute the record of proceedings upon which this decision is based.
The initial study indicates that the proposed project has the potential to result in significant adverse environmental impacts. However, the mitigation measures identified in the initial study would reduce the impacts to a less than
Mitigated Negative Declaration 2 EMC Planning Group
City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 significant level. There is no substantial evidence, in light of the whole record before the lead agency City of Newman
that the project, with mitigation measures incorporated, may have a significant effect on the environment. See the
following project-specific mitigation measures:
Mitigation Measures
Air Quality
AQ-1 The Community Development Department shall require an air quality analysis for residential projects whose dwelling unit count exceeds the dwelling unit screening threshold for residential uses as identified in the San Joaquin Valley Air Pollution Control District’s Small Project Analysis Level: Residential Table. If the impact of an individual proposed residential project is found to be significant, the air quality analysis shall include mitigation measures to reduce operational criteria air pollutant emissions consistent with the air district’s applicable criteria emissions thresholds of significance. The developer will be required to implement the measures.
AQ-2 Future developers of individual residential opportunity sites shall prepare a Construction Management Plan for review and approval by the Community Development Director or his designate. The Construction Management Plan shall include the following measures to reduce TAC emissions during construction at individual housing opportunity sites:
a. Heavy-duty diesel vehicles will have 2010 or newer model year engines, in compliance with the California Air Resources Board’s Truck and Bus Regulation; b. Idling of construction equipment and heavy-duty diesel trucks will be avoided where feasible, and if idling is necessary, it will not exceed three minutes; c. All construction equipment will be maintained and properly tuned in accordance with manufacturer’s specifications and will be checked by a certified visible emissions evaluator; and
d. All non-road diesel construction equipment will, at a minimum, meet Tier 3 emission standards listed in the Code of Federal Regulations Title 40, Part 89, Subpart B, §89.112. Further, where feasible, construction equipment will use alternative fuels such as compressed natural gas, propane, electricity or biodiesel.
Biological Resources
BIO-1 Not more than 14 days prior to the commencement of ground-disturbing construction activities on the City’s peripheral housing sites (e.g. Sites 1, 8, 9, 10, and 17), housing developers shall hire a qualified wildlife biologist to conduct surveys of the habitat on site to identify any potential American badger burrows/dens. If the survey results are negative (i.e., no badger dens observed), a letter report confirming absence shall be prepared and Mitigated Negative Declaration 3 EMC Planning Group
City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 submitted to the City of Newman Community Development Department prior to issuance of a grading permit for the housing site and no further mitigation is required.
If the results are positive (badger dens are observed), the qualified biologist shall determine if the dens are active by installing a game camera for three days and three nights to determine if the den is in use.
a. If the biologist determines that a den may be active, coordination with the California Department of Fish and Wildlife shall be undertaken to develop a suitable strategy to avoid impacts to American badger. The strategy may include the following: the biologist shall install a one-way door in the den opening and continue use of the game camera. Once the camera captures the individual exiting the one-way door, the den can be excavated with hand tools to prevent badgers from reusing them. If the biologist determines that the den is a maternity den, construction activities shall be delayed during the maternity season (February to August), or until the badgers leave the den on their own accord or the biologist determines that the den is no longer in use.
b. If the game camera does not capture an individual entering/exiting the den, the den can be excavated with hand tools to prevent badgers from reusing them. c. After dens have been excavated and the absence of American badger confirmed, a letter report shall be prepared and submitted to the City of Newman Community Development Department, prior to issuance of a grading permit for a housing site.
BIO-2 Worker Environmental Awareness Training. Prior to approval of a grading permit on the City’s peripheral undeveloped housing sites (e.g. Sites 1, 8, 9, 10, 17, and 19), a qualified biologist shall conduct a training session for all construction personnel. At a minimum, the training shall include a description of special-status species potentially occurring in the housing site vicinity, including, but not limited to, American badger, San Joaquin kit fox, burrowing owl, Swainson’s hawk, hoary bat, pallid bat, western red bat, and loggerhead shrike. Their habitats, general measures that are being implemented to conserve species as they relate to the housing site, and the boundaries within which construction activities will occur will be explained. Informational handouts with photographs clearly illustrating the species’ appearances shall be used in the training session. All new construction personnel shall undergo this mandatory environmental awareness training.
Documentation of completion of this training shall be submitted to the City of Newman Community Development Department prior to the start of ground disturbing activities.
BIO-3 The U.S. Fish and Wildlife Service Standardized Recommendations for Protection of the San Joaquin Kit Fox Prior to or During Ground Disturbance (USFWS 2011) shall be implemented prior to initiation of and during any construction activity on the City’s peripheral housing sites (e.g. Sites 1, 8, 9, 10, and 17) by housing project developers to avoid unintended take of individual San Joaquin kit foxes.
Mitigated Negative Declaration 4 EMC Planning Group
City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 Preconstruction/pre-activity surveys for San Joaquin kit fox shall be conducted no less than 30 days prior to the beginning of ground disturbance and/or construction activities or any project activity that may impact San Joaquin kit fox. The surveys shall include all work areas and a minimum 200-foot buffer of the construction site. The preconstruction surveys shall identify kit fox habitat features on the project site, evaluate use by kit fox and, if possible, assess the potential impacts of the proposed activity. The status of all dens shall be determined and mapped.
If a natal/pupping den is discovered at a housing opportunity site or within 200 feet of the site, the applicant shall consult with the California Department of Fish and Wildlife and U.S. Fish and Wildlife Service to establish an appropriate avoidance buffer. The avoidance buffer shall be maintained until such time as the burrow is no longer active and/or an incidental take permit is determined to be required and is obtained.
In addition, the following measures shall be observed:
a. Project-related vehicles shall observe a 20-mph speed limit in all project areas; this is particularly important at night when kit foxes are most active. To the extent possible, night-time construction shall be minimized. Off-road traffic outside of designated project area shall be prohibited.
b. To prevent inadvertent entrapment of kit foxes or other animals during the construction phase of any project, all excavated, steep-walled holes or trenches more than two feet deep shall be covered at the close of each working day by plywood or similar materials, or provided with one or more escape ramps constructed of earth fill or wooden planks. Before such holes or trenches are filled, they shall be thoroughly inspected for trapped animals. If at any time a trapped or injured kit fox is discovered, the procedures under number 11 of the Construction and Operational Requirements in the Standardized Recommendations must be followed. c. Kit foxes are attracted to den-like structures such as pipes and may enter stored pipe becoming trapped or injured. All construction pipes, culverts, or similar structures with a diameter of four inches or greater that are stored at a construction site for one or more overnight periods shall be thoroughly inspected for kit foxes before the pipe is subsequently buried, capped, or otherwise used or moved in any way. If a kit fox is discovered inside a pipe, that section of pipe shall not be moved until the U.S. Fish and Wildlife Service has been consulted. If necessary, and under the direct supervision of the biologist, the pipe may be moved once to remove it from the path of construction activity, until the fox has escaped.
d. All food-related trash items such as wrappers, cans, bottles, and food scraps shall be disposed of in closed containers and removed at least once a week from a construction or project site.
e. No firearms shall be allowed on the project site during construction activities.
Mitigated Negative Declaration 5 EMC Planning Group
City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 f. To prevent harassment, mortality of kit foxes or destruction of dens by dogs or cats, no pets shall be permitted on site during construction activities. g. Use of rodenticides and herbicides on the project site during construction shall be restricted. This is necessary to prevent primary or secondary poisoning of kit foxes and the depletion of prey populations on which they depend. All uses of such compounds shall observe label and other restrictions mandated by the U.S.
Environmental Protection Agency, California Department of Food and Agriculture, and other State and Federal legislation, as well as additional project-related restrictions deemed necessary by the U.S. Fish and Wildlife Service. If rodent control must be conducted, zinc phosphide shall be used because of proven lower risk to kit fox.
h. In the case of trapped animals, escape ramps or structures shall be installed immediately to allow the animal(s) to escape.
i. Any contractor, employee, or agency personnel who inadvertently kills or injures a San Joaquin kit fox shall immediately report the incident to the California Department of Fish and Wildlife and U.S. Fish and Wildlife Service. j. The applicant shall submit weekly reports on construction monitoring activities to the City of Newman Community Development Department. An occupancy permit shall not be issued without receipt of the weekly reports.
BIO-4 To avoid loss of or harm to burrowing owl, the following measures shall be implemented by housing project developers:
a. Prior to issuance of a grading permit on the City’s peripheral housing sites (e.g. Sites 1, 8, 9, 10, 17, and 19), and to avoid/minimize impacts to burrowing owls potentially occurring within the project site, the applicant shall retain a biologist qualified in ornithology to conduct surveys for burrowing owl. The qualified biologist shall conduct a two-visit (i.e., morning and evening) presence/absence survey at areas of suitable habitat on and adjacent to the project site boundary no less than 14 days prior to the start of construction or ground disturbance activities. Surveys shall be conducted according to the methods for take avoidance described in the Burrowing Owl Survey Protocol and Mitigation Guidelines (CBOC 1993) and the Staff Report on Burrowing Owl Mitigation (CDFW 2012). If no burrowing owls are found, a letter report confirming absence shall be prepared and submitted to the City of Newman Community Development Department and no further measures are required.
b. Because burrowing owls occupy habitat year-round, seasonal no-disturbance buffers, as outlined in the Burrowing Owl Survey Protocol and Mitigation Guidelines (CBOC 1993) and the Staff Report on Burrowing Owl Mitigation (CDFW 2012), shall be in place around occupied habitat prior to and during any ground disturbance activities. The following table includes buffer areas based on the time of year and Mitigated Negative Declaration 6 EMC Planning Group
City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 level of disturbance (CDFW 2012), unless a qualified biologist approved by the California Department of Fish and Wildlife verifies through non-invasive measures that either: 1) birds have not begun egg laying and incubation; or 2) that juveniles from the occupied burrows are foraging independently and are capable of independent survival.
Location Time of Year Level of Disturbance Buffers
(meters)
Low Med High
Nesting Sites April 1 – Aug 15 200 m 500 m 500 m
Nesting Sites Aug 16 – Oct 15 200 m 200 m 500 m
Nesting Sites Oct 16 – Mar 31 50 m 100 m 500 m
c. If burrowing owl is found and avoidance is not possible, burrow exclusion may be conducted by qualified biologists only during the non-breeding season, before breeding behavior is exhibited and after the burrow is confirmed empty through non-invasive methods, such as surveillance. Occupied burrows shall be replaced with artificial burrows at a ratio of one collapsed burrow to one constructed artificial burrow (1:1). Evicted burrowing owls may attempt to colonize or re-colonize an area that would be impacted, thus ongoing surveillance during project activities shall be conducted at a rate sufficient to detect burrowing owls if they return. d. If surveys locate occupied burrows in or near construction areas, consultation with the California Department of Fish and Wildlife shall occur to interpret survey results and develop a project-specific avoidance and minimization approach. Once the absence of burrowing owl has been confirmed, a letter report shall be prepared and submitted to the City of Newman Community Development Department.
BIO-5 For development proposed on the City’s peripheral housing sites (e.g. Sites 1, 8, 9, 10, 17, and 19), housing project development shall implement the following measures to avoid loss of or harm to Swainson’s hawk and other raptors:
a. Tree and vegetation removal shall be completed during the nonbreeding season for raptors (September 16–January 31).
b. To avoid, minimize, and mitigate potential impacts on Swainson’s hawk and other raptors nesting on or adjacent to the project site, retain a qualified biologist to conduct preconstruction surveys and identify active nests on and within 0.5 mile of the project site for construction activities conducted during the breeding season (February 1–September 15). The surveys shall be conducted before the approval of grading and/or improvement plans (as applicable) and no less than 14 days and no Mitigated Negative Declaration 7 EMC Planning Group
City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 more than 30 days before the beginning of construction. Guidelines, provided in Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in the Central Valley (Swainson’s Hawk Technical Advisory Committee 2000) or updated, current guidance, shall be followed for surveys for Swainson’s hawk. If no nests are found, a report documenting the results of the survey shall be submitted to the City of Newman Community Development Department and no further mitigation will be required.
c. Impacts on nesting Swainson’s hawks and other raptors shall be avoided by establishing appropriate buffers around active nest sites identified during preconstruction raptor surveys. No project activity shall commence within the buffer areas until a qualified biologist has determined, in coordination with California Department of Fish and Wildlife, the young have fledged, the nest is no longer active, or reducing the buffer would not result in nest abandonment. California Department of Fish and Wildlife guidelines recommend implementation of 0.25- or
0.5-mile-wide buffers for Swainson’s hawk nests, but the size of the buffer may be decreased if a qualified biologist, in consultation with California Department of Fish and Wildlife, determine that such an adjustment would not be likely to adversely affect the nest.
The appropriate no-disturbance buffer for other raptor nests (i.e., species other than Swainson’s hawk) shall be determined by a qualified biologist based on site-specific conditions, the species of nesting bird, nature of the project activity, visibility of the disturbance from the nest site, and other relevant circumstances.
Monitoring of all active raptor nests by a qualified biologist during construction activities will be required if the activity has potential to adversely affect the nest. If construction activities cause the nesting bird to vocalize, make defensive flights at intruders, get up from a brooding position, or fly off the nest, then the nodisturbance buffer shall be increased until the agitated behavior ceases. The exclusionary buffer will remain in place until the chicks have fledged or as otherwise determined appropriate by a qualified biologist.
BIO-6 If there is an active nest within ten miles of the project site, the following measures shall be implemented to mitigate for the loss of Swainson’s hawk foraging habitat:
a. Prior to ground-disturbing activities, suitable Swainson’s hawk foraging habitat shall be preserved to ensure replacement of foraging habitat lost as a result of the project, as determined by a qualified biologist, in consultation with California Department of Fish and Wildlife.
b. The habitat value shall be based on Swainson’s hawk nesting distribution and an assessment of habitat quality, availability, and use within Stanislaus County. The mitigation ratio shall be consistent with the guidelines included in the Staff Report Regarding Mitigation for Impacts to Swainson’s Hawks (Buteo swainsoni) in the Mitigated Negative Declaration 8 EMC Planning Group
City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 Central Valley of California (CDFG 1994). These guidelines specify that the mitigation ratio shall be 1:1 if there is an active nest within one mile of the project site, 0.75:1 if there is an active nest within five miles but greater than one mile away, and 0.5:1 if there is an active nest within 10 miles but greater than five miles away. If there is an active nest within one mile of the project site, the mitigation ratio can be reduced to 0.5:1 if all of the mitigation land can be actively managed for prey production. Such mitigation shall be accomplished through either the transfer of fee title or perpetual conservation easement. The mitigation land shall be located within the known foraging area within Stanislaus County.
c. There are two active (within the past five years) Swainson’s hawk nests within five miles of the project site (CNDDB Occurrences Nos. 2449 and 2451). To mitigate for the loss of foraging habitat for these nests, replacement foraging habitat shall be preserved at a mitigation ratio of 0.75:1 in consultation with California Department of Fish and Wildlife. Such mitigation shall be accomplished through either the transfer of fee title or perpetual conservation easement. The mitigation land shall be located within the known foraging area within Stanislaus County.
BIO-7 All housing project developers shall implement the following measures to avoid loss of or harm to special-status bat species on any housing site:
a. Approximately 14 days prior to tree removal or construction activities, a qualified biologist shall conduct a habitat assessment for bats and potential roosting sites in trees to be removed and in trees or building exteriors within 50 feet of any project construction. These surveys shall include a visual inspection of potential roosting features (bats need not be present) and a search for presence of guano within the project site, construction access routes, and 50 feet around these areas. Cavities, crevices, exfoliating bark, and bark fissures that could provide suitable potential nest or roost habitat for bats shall be surveyed. Assumptions can be made on what species is present due to observed visual characteristics along with habitat use, or the bats can be identified to the species level with the use of a bat echolocation detector such as an “Anabat” unit. Potential roosting features found during the survey shall be flagged or marked.
b. If no roosting sites or bats are found, a letter report confirming absence shall be prepared and submitted to the City of Newman Community Development Department and no further mitigation is required.
c. If bats or roosting sites are found, bats shall not be disturbed without specific notice to and consultation with California Department of Fish and Wildlife. d. If bats are found roosting outside of the nursery season (May 1 through October 1), California Department of Fish and Wildlife shall be consulted prior to any eviction or other action. If avoidance or postponement is not feasible, a Bat Eviction Plan will be submitted to California Department of Fish and Wildlife for written Mitigated Negative Declaration 9 EMC Planning Group
City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 approval prior to project implementation. A request to evict bats from a roost includes details for excluding bats from the roost site and monitoring to ensure that all bats have exited the roost prior to the start of activity and are unable to re-enter the roost until activity is completed. Any bat eviction shall be timed to avoid lactation and young-rearing. If bats are found roosting during the nursery season, they shall be monitored to determine if the roost site is a maternal roost. This could occur by either visual inspection of the roost bat pups, if possible, or by monitoring the roost after the adults leave for the night to listen for bat pups. Because bat pups cannot leave the roost until they are mature enough, eviction of a maternal roost cannot occur during the nursery season. Therefore, if a maternal roost is present, a 50-foot buffer zone (or different size if determined in consultation with the California Department of Fish and Wildlife) shall be established around the roosting site within which no construction activities including tree removal or structure disturbance shall occur until after the nursery season.
BIO-8 To avoid impacts to raptors and other nesting birds during the nesting season (January 15 through September 15), all construction activities on any housing site should be conducted between September 16 and January 14, which is outside of the bird nesting season. If construction or project-related work is scheduled to begin during the nesting season (February 15 to August 30 for small bird species such as passerines; January 15 to September 15 for owls; and February 15 to September 15 for other raptors), a qualified biologist shall conduct nesting bird surveys.
a. Two surveys for active bird nests will occur within 14 days prior to start of construction, with the final survey conducted within 48 hours prior to construction.
Appropriate minimum survey radii surrounding each work area are typically 250 feet for passerines, 500 feet for smaller raptors, and 1,000 feet for larger raptors. Surveys will be conducted at the appropriate times of day to observe nesting activities.
Locations off the site to which access is not available may be surveyed from within the site or from public areas. If no nesting birds are found, a letter report confirming absence will be prepared and submitted to the City of Newman Community Development Department and no further mitigation is required. b. If the qualified biologist documents active nests within the project site or in nearby surrounding areas, an appropriate buffer between each nest and active construction shall be established. The buffer shall be clearly marked and maintained until the young have fledged and are foraging independently. Prior to construction, the qualified biologist shall conduct baseline monitoring of each nest to characterize “normal” bird behavior and establish a buffer distance, which allows the birds to exhibit normal behavior. The qualified biologist shall monitor the nesting birds daily during construction activities and increase the buffer if birds show signs of unusual or distressed behavior (e.g., defensive flights and vocalizations, standing up from a brooding position, and/or flying away from the nest). If buffer establishment is not possible, the qualified biologist or construction foreman shall have the authority to Mitigated Negative Declaration 10 EMC Planning Group
City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 cease all construction work in the area until the young have fledged and the nest is no longer active. Once the absence of nesting birds has been confirmed, a letter report will be prepared and submitted to the City of Newman Community Development Department.
BIO-9 Prior to initiation of ground disturbance or construction on the City’s peripheral housing sites (e.g. Sites 1, 8, 9, 10, and 17), housing project developers shall retain a qualified biologist to determine the extent of potential wetlands and waterways regulated by the United States Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and California Department of Fish and Wildlife (CDFW).
If the USACE claims jurisdiction, the applicant shall obtain a Clean Water Act Section 404 Nationwide Permit. If the impacts to the drainage features do not qualify for a Nationwide Permit, the applicant will proceed in obtaining an Individual Permit from the USACE. The applicant will then coordinate with the RWQCB to obtain a Clean Water Act Section 401 Water Quality Certification. If necessary, the applicant will coordinate with the CDFW to obtain a Streambed Alteration Agreement.
To compensate for temporary and/or permanent impacts to Waters of the U.S. that would be impacted as a result of the proposed project, mitigation shall be provided as required by the regulatory permits. Mitigation would be provided through one of the following mechanisms:
a. A Wetland Mitigation and Monitoring Plan shall be developed that outlines mitigation and monitoring obligations for temporary impacts to wetlands and other waters as a result of construction activities. The Wetland Mitigation and Monitoring Plan would include thresholds of success, monitoring and reporting requirements, and site-specific plans to compensate for wetland losses resulting from the project.
The Wetland Mitigation and Monitoring Plan shall be submitted to the appropriate regulatory agencies for review and approval during the permit application process. b. To compensate for permanent impacts, the purchase and/or dedication of land to provide suitable wetland restoration or creation shall ensure a no net loss of wetland values or functions. If restoration is available and feasible, a minimum 1:1 impact to mitigation ratio would apply to projects for which mitigation is provided in advance.
For improvements on the project site, the applicant shall comply with terms and conditions of the permits, including measures to protect and maintain water quality, restore work sites, and mitigation to offset temporary and/or permanent wetland impacts. applicant shall be responsible for implementation of this mitigation measure prior to issuance of a grading permit.
Mitigated Negative Declaration 11 EMC Planning Group
City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 Cultural Resources
CR-1 If any prehistoric or historic subsurface archaeological resources, including tribal cultural resources, are discovered during ground-disturbing activities:
a. All work within 50 feet of the resources shall be halted and a qualified archaeologist shall be consulted to assess the significance of the find according to CEQA Guidelines Section 15064.5.
b. If any find is determined to be significant, representatives from the City of Newman Community Development Department and the archaeologist shall meet to determine the appropriate avoidance measures or other appropriate mitigation. c. All significant prehistoric cultural materials and or tribal cultural resources recovered shall be, returned to Native American tribes traditionally and culturally affiliated with the area.
d. In considering any suggested mitigation proposed by the consulting archaeologist to mitigate impacts to historical resources or unique archaeological resources, the City shall determine whether avoidance is necessary and feasible in light of factors such as the nature of the find, proposed project design, costs, and other considerations. e. If avoidance is infeasible, other appropriate measures (e.g., data recovery) would be implemented.
f. Work may proceed on other parts of the project site while mitigation for historical resources or unique archaeological resources is being carried out.
CR-2 California Health and Safety Code Section 7050.5 and the CEQA Guidelines Section 15064.5(e) contain the mandated procedures of conduct following the discovery of human remains. According to the provisions in CEQA, if human remains are encountered at the site, all work in the immediate vicinity of the discovery shall cease and necessary steps to ensure the integrity of the immediate area shall be taken. The Stanislaus County Coroner shall be notified immediately. The Coroner shall then determine whether the remains are Native American. If the Coroner determines the remains are Native American, the Coroner shall notify the Native American Heritage Commission within 24 hours, who would, in turn, notify the person the Native American Heritage Commission identifies as the Most Likely Descendant of any human remains. Further actions shall be determined, in part, by the desires of the Most Likely Descendant. The Most Likely Descendant has 48 hours to make recommendations regarding the disposition of the remains following notification from the Native American Heritage Commission of the discovery. If the Most Likely Descendant does not make recommendations within 48 hours, the owner shall, with appropriate dignity, reinter the remains in an area of the property secure from further disturbance. Alternatively, if the owner does not accept the Most Likely Descendant’s recommendations, the owner or the descendent may request mediation by the Native American Heritage Commission.
Mitigated Negative Declaration 12 EMC Planning Group
City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 Geology and Soils
GEO-1 The following language shall be included in all demolition and grading permits associated with development of the housing opportunity sites: “If paleontological resources are discovered during demolition and earthmoving activities, work shall stop within 100 feet of the find until a qualified paleontologist can assess if the find is unique and, if necessary, develop appropriate treatment measures in consultation with the City Community Development Department.”
Greenhouse Gas Emissions
GHG-1 All future individual projects proposed per the 6th Cycle Housing Element shall: 1) include no natural gas infrastructure (all projects shall be all-electric), and 2) include electric vehicle support improvements consistent with Tier 2 voluntary measures included in the latest adopted version the CALGreen, except that all EV capable spaces shall be instead EV ready. Inclusion of these design elements in each future residential project shall be verified by the City Building Official prior to issuance of a building permit.
Hazards and Hazardous Materials
HAZ-1 Developers of the housing opportunity sites are required to prepare a Phase I Environmental Site Assessment and submit for review and approval to the City of Newman’s Community Development Department. The assessment shall include, but is not limited to:
Results of the soil samples;
Discussion of any environmental concerns onsite;
Recommended mitigation measures, as necessary; and
Confirmation of the need for a Phase 2 Environmental Site Assessment.
This document was produced on recycled paper.
PUBLIC REVIEW INITIAL STUDY
6TH CYCLE HOUSING ELEMENT UPDATE
CITY OF NEWMAN
PREPARED FOR
City of Newman
Michael E. Holland, City Manager
938 Fresno Street
Newman, CA 95360
Tel 209.862.3725
PREPARED BY
EMC Planning Group Inc.
601 Abrego Street
Monterey, CA 93940
Tel 831.649.1799
Fax 831.649.8399
Teri Wissler Adam, Senior Principal
[email protected]
www.emcplanning.com
July 12, 2024
EMC Planning Group Inc.
TABLE OF CONTENTS
A. BACKGROUND..................................................................................................................... 1 B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED............................................... 9 C. DETERMINATION.............................................................................................................. 10 D. EVALUATION OF ENVIRONMENTAL IMPACTS ............................................................. 11
1. Aesthetics.............................................................................................................................. 13
2. Agriculture and Forest Resources...................................................................................... 15
3. Air Quality............................................................................................................................. 18
4. Biological Resources ............................................................................................................ 25
5. Cultural Resources ............................................................................................................... 47
6. Energy.................................................................................................................................... 50
7. Geology and Soils ................................................................................................................ 53
8. Greenhouse Gas Emissions ............................................................................................... 57
9. Hazards and Hazardous Materials..................................................................................... 61
10. Hydrology and Water Quality ............................................................................................ 64
11. Land Use and Planning ....................................................................................................... 69
12. Mineral Resources................................................................................................................ 71
13. Noise...................................................................................................................................... 72
14. Population and Housing ..................................................................................................... 74
15. Public Services...................................................................................................................... 75
16. Recreation ............................................................................................................................. 79
17. Transportation ...................................................................................................................... 80
18. Tribal Cultural Resources ................................................................................................... 83
19. Utilities and Service Systems.............................................................................................. 84
20. Wildfire .................................................................................................................................. 87
21. Mandatory Findings of Significance .................................................................................. 88 E. SOURCES............................................................................................................................. 89 EMC Planning Group Inc.
Appendices
Appendix A City of Newman 6th Cycle Housing Element Update Housing and Community Development (HCD) Revised Draft (dated May 28, 2024)
Appendix B Site Inventory Table
Appendix C Special-Status Species in the Vicinity of the Housing Sites Appendix D City of NewmanHousing Element Vehicle Miles Travelled (VMT) Analysis Appendix E City of Newman CalEEMod Energy Results
Appendix F City of Newman 2031 Housing Element Fuel Demand Figures
Figure 1 Location Map .................................................................................................................... 5 Figure 2 Housing Sites Inventory Locations ................................................................................ 7 Figure 3 Habitat Map..................................................................................................................... 29 Figure 4 Special-Status Species in the Project Vicinity ............................................................. 31 Tables
Table 1 Regional Housing Needs Allocation .............................................................................. 2 Table 2 Housing Element Affordable Housing Categories ...................................................... 3 Table 3 Small Project Analysis Level: Residential.................................................................... 22 Section A Background 1 EMC Planning Group
City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 A. BACKGROUND
Setting
The City of Newman is located in Stanislaus County in the Central Valley, approximately 30 miles west of Merced. The City of Newman is approximately two square miles and is surrounded by agricultural land. The City of Newman’s topography is relatively flat. Key access points to the City of Newman include State Route 33 and State Route 140. State Route 33 runs north to south, parallel to and just five miles east of the Interstate 5, which is the major freeway connecting northern and southern California. State Route 140 runs east to west, connecting the City of Newman to the Interstate 5, Merced, and the Sierra Nevada Mountain range.
Figure 1, Location Map, presents the relationship between the City of Newman and the nearby cities and unincorporated Stanislaus County, as well as the state highway system.
Background
Housing Element Update
The City of Newman (City) has prepared a draft 6th Cycle Housing Element that covers the planning period 2023 through 2031 consistent with the requirements under California state law.
Updating the Housing Element requires that the City identify adequate housing sites to accommodate the Regional Housing Needs Allocation (RHNA) assigned to the City by the Project Title City of Newman 6th Cycle Housing Element
Update (2023-2031) and Safety Element Update
Lead Agency Contact Person
and Phone Number
Michael E. Holland, City Manager
938 Fresno Street
Newman, CA 95360
209.862.3725
Date Prepared July 12, 2024
Study Prepared by EMC Planning Group Inc.
601 Abrego Street
Monterey, CA 93940
Project Location City of Newman
Project Sponsor Name and Address City of Newman
938 Fresno Street
P.O. Box 787
Newman, CA 95360
General Plan Designation Various
Zoning Various
Section A Background 2 EMC Planning Group
City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 California Department of Housing and Development (HCD) and the Stanislaus Council of Governments (StanCOG). The RHNA identified for the City’s 6th Cycle Housing Element is 1,048 units, and is presented in Table 1 below.
Table 1 Regional Housing Needs Allocation
Income Group Percentage of Area Median Income (AMI) Share Extremely Low-Income 0-30 99
Very Low-Income <50 98
Low Income 51-80 136
Moderate-Income 81-120 218
Above Moderate-Income 121+ 497
Total 1,048
SOURCE: StanCOG Adopted Final Regional Housing Needs Allocation Plan, 2022 The City of Newman 6th Cycle Housing Element Update Housing and Community Development (HCD) Revised Draft (dated May 28, 2024) can be found in Appendix A.
Safety Element Update
The City is in the process of preparing an update to its City of Newman General Plan Health and Safety Element (hereafter referred to as the City’s “Safety Element”). Since the latest Safety Element in 2007, several pieces of legislature have been passed. Therefore, the Safety Element update includes, but is not limited to:
Updates to the Geology and Seismic Hazards and Evacuation Routes; Updates to mapping and figures;
Updates to State Fire and Building Code language;
Updates to fire severity zone maps reflecting the California Department of Forestry and Fire maps; and
Updates to reflect any applicable federal, state, or local laws relating to hazardous materials since 2009.
Description of Project
The project includes the update to the City of Newman 6th Cycle Housing Element Update Housing and Community Development (HCD) Revised Draft (dated May 28, 2024) (“Housing Element Update”) and the update to the City’s Safety Element (together, the “proposed project”). The proposed project requires these updates in order to comply with the state’s housing goals set forth in the Government Code as well as updated legislation associated with safety hazards. The adoption of these two element updates would be an amendment to the City’s general plan.
Section A Background 3 EMC Planning Group
City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 It is not expected that the updates to the City’s Safety Element would result in any reasonably foreseeable physical changes. Therefore, this initial study will focus primarily on the physical changes of the Housing Element Update and include analysis of the Safety Element update as appropriate.
Appendix B, Site Inventory Table, provides details and capacity estimates for each of the parcels, sites, and housing resources that make up the City’s housing sites inventory. Figure 2, Housing Sites Inventory Locations, shows an overview of the proposed sites inventory map. The housing site numbers in Figure 2 refer to the numbers in the Site Inventory Table in Appendix B. A total of 23 housing opportunity sites have been identified in the Housing Element Update to meet the RHNA; however, one of these sites is a pipeline project (Site #23), which means its environmental review has already taken place and the project is waiting to begin construction.
Therefore, this site will not be evaluated in this initial study.
The Housing Element Update plans for 1,832 housing units over the next eight years, which is 784 units more than the City’s RHNA. Using 3.29 persons per household, development of these housing units would result in a population increase of approximately 6,028 people (California Department of Finance 2024). The Housing Element Update includes goals, policies, and programs to support public and/or private development of 1,832 housing units. Of the 1,832 housing units, 751 of the units are considered affordable, as shown below in Table 2, Housing Element Affordable Housing Categories.
Table 2 Housing Element Affordable Housing Categories
Housing Resource
Very LowIncome
Capacity
LowIncome
Capacity
ModerateIncome
Capacity
Above
ModerateIncome
Capacity
Total
Capacity
Northwest Newman Master Plan 150 0 0 771 921
Mattos Ranch Phase 1 0 0 40 40 80
Mattos Ranch Phase 2 0 0 22 21 43
Vacant Sites 103 164 117 17 401
Underutilized Sites 195 139 53 0 387
Total 448 303 232 849 1,832
SOURCE: City of Newman 2023
The housing opportunity sites are located within and adjacent to the City. The housing sites within the City would result in redevelopment of underutilized lots or infill development of vacant lots within the urban pattern of the City.
The Housing Element includes two Master Plan areas: Mattos Ranch and Northwest Newman Master Plan. Mattos Ranch is located in the southeast area of the City and includes both residential and retails uses. The opportunity site identified just outside the City is the Northwest Newman Master Plan area. The Northwest Newman Master Plan was adopted in April 2017 and Section A Background 4 EMC Planning Group
City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 plans for the 362-acre area to the include the following uses: residential, business park, community commercial, office, parks, and schools. Of this area, 187-acres is dedicated to residential uses.
Land use designation changes at some of the housing opportunity sites will be required.
Additionally, zoning designation changes will also be required at some of the sites.
A land use designation change will be required for Mattos Ranch Phase 2, the Northwest Newman Master Plan area (which is located just outside Newman city limits in unincorporated Stanislaus County), and sites 15, 18, 20, 21, and 22. A zoning change will be required for site 19.
Appendix B, Site Inventory Table, shows the proposed sites and their current and proposed general plan land use designations.
Other Public Agencies Whose Approval May Be Required
California Department of Housing and Community Development Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?
The City sent out letters to Native American tribes traditionally and culturally affiliated with the City of Newman on May 22, 2023 asking if any request for AB 52 or SB 18 consultation. The City received one response from the Southern Sierra Miwuk Nation on June 13, 2023 stating that the Southern Sierra Miwuk Nation has concerns with the project. On November 7, 2023 the City responded to the Southern Sierra Miwuk Nation stating that the City has a stable project description and would like to set up a meeting to learn about the Southern Sierra Miwuk Nation’s concerns. On December 11, 2023, the Tribe contacted the City asking for a refresher on what the project is and on December 12, 2023, the City followed up with the May 22, 2023 letter the City originally sent the Tribe, a housing sites inventory map, and a link to the housing element document. As of January 9, 2024 the City of Newman has not heard back from the Southern Sierra Miwuk Nation to set up a consultation meeting (Michael Holland, email message, February 9, 2024).
Note: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code section 21080.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality.
Source: ESRI 2023
Figure 1
Location Map
Newman 6th Cycle Housing Element Initial Study
0 2 miles
Project
Location
£¤101
k
Salinas
UV152 Gilroy
UV99
Newman
Patterson Turlock
§¨¦ Modesto 580
§¨¦680 §¨¦5
UV99
Regional Location
§¨¦5
§¨¦5
§¨¦5
UV33
UV33
UV33
Crows Landing
Newman
Gustine
UV140
UV140
Newman City Limit
Section A Background 6 EMC Planning Group
City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 This side intentionally left blank.
T1f T1e
T10
T8
T9
T21
T11
T22
T1b
T1a
T1c
T1d
TT18 16
T6
T4
T5
T7
T20
T12T14
T23
T13
T15
T19
T17
T3
T2
Housing Sites Inventory Locations
Newman 6th Cycle Housing Element Initial Study
0 1800 feet
Figure 2
Source: ESRI 2023, Stanislaus County GIS 2023,
EMC Planning Group 2023
City Limits
Mattos Ranch Phase 1 (Pipeline)
Northwest Master Plan
Mattos Ranch Phase 1
Mattos Ranch Phase 2
Low Density
Medium Density
High Density
Downtown Mixed Use
Housing Sites Type
Note:Site 23 will not be evaluated in
this environmental document.
Section A Background 8 EMC Planning Group
City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 This side intentionally left blank.
Section B Environmental Factors Potentially Affected 9 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages.
☐ Aesthetics ☐ Greenhouse Gas Emissions ☐ Public Services ☐ Agriculture and Forestry
Resources
☐ Hazards & Hazardous
Materials
☐ Recreation
☐ Air Quality ☐ Hydrology/Water Quality ☐ Transportation ☐ Biological Resources ☐ Land Use/Planning ☐ Tribal Cultural Resources ☐ Cultural Resources ☐ Mineral Resources ☐ Utilities/Service Systems ☐ Energy ☐ Noise ☐ Wildfire
☐ Geology/Soils ☐ Population/Housing ☐ Mandatory Findings of Significance
Section C Determination 10 EMC Planning Group
City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 C. DETERMINATION
On the basis of this initial evaluation:
☐ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
☒ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
☐ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
☐ I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
☐ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
Michael Holland, City Manager Date
Section D Evaluation of Environmental Impacts 11 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 D. EVALUATION OF ENVIRONMENTAL IMPACTS
1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors, as well as general standards (e.g., the project would not expose sensitive receptors to pollutants, based on a projectspecific screening analysis).
2. All answers must take account of the whole action involved, including off-site as well as onsite, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required.
4. “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level.
5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration.
Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analyses Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.
6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.
7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion.
Section D Evaluation of Environmental Impacts 12 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024
8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is selected.
9. The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance Section D Evaluation of Environmental Impacts 13 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024
1. AESTHETICS
Except as provided in Public Resources Code Section 21099 (Modernization of Transportation Analysis for Transit-Oriented Infill Projects), would the project:
Comments:
a. According to the Newman 2030 General Plan EIR (general plan EIR), the Diablo Mountain range to the west of the City of Newman and the surrounding agricultural lands greatly contribute to the visual character of Newman (p. 4.1-12 and 4.1-6).
The housing opportunity sites are located within and adjacent to the City of Newman.
The housing opportunity sites within the City are considered infill development and would be visually compatible with their surrounding uses, and would not impact views of surrounding agricultural land or of the distant Diablo Mountain Range. Additionally, development of housing must continue to be found consistent with City design and development regulations. Therefore, development of the housing sites within City limits would have no impact on scenic vistas.
The housing opportunity site located outside of and adjacent to the City of Newman is the Northwest Newman Master Plan area (see Sites 1a-1f, Figure 2). This land is currently in agricultural use. Development of this area consistent with the Housing Element Update would result in changes in views from agricultural to residential. The Northwest Newman Master Plan Draft Environmental Impact Report (April 2017) considered the impacts this would have on scenic vistas and concluded that the changes in the visual character would be consistent and compatible with the existing adjacent community, and as a result, would not significantly impact scenic vistas.
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Have a substantial adverse effect on a scenic vista? ☐ ☐ ☒ ☐ b. Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic
buildings within a state scenic highway?
☐ ☐ ☐ ☒
c. In non-urbanized areas, substantially degrade the
existing visual character or quality of public views of the site and its surroundings? (Public views are those
that are experienced from publicly accessible vantage
points.) If the project is in an urbanized area, would
the project conflict with applicable zoning and other
regulations governing scenic quality?
☐ ☐ ☒ ☐
d. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the
area?
☐ ☐ ☒ ☐
Section D Evaluation of Environmental Impacts 14 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 b. According to the general plan EIR, there are no state-designated scenic highways in or around the City of Newman. Therefore, the proposed project would not impact visual resources within a state-designated scenic highway.
c. The majority of the housing sites are located within Newman city limits, and therefore, are located within already developed areas. Therefore, implementation of the Housing Element update will mostly result in the redevelopment of already developed lands and infill development on vacant parcels. All new development associated with the housing sites would be required to comply with the City’s general design requirements.
There is one designated housing site, the Northwest Newman Master Plan area, that is located at the City’s urban-rural edge, just outside the City, with State Route 33 to the east, Stuhr Road and agricultural land to the north, agricultural land to the west, and the City of Newman and agricultural land to the south. The Northwest Newman Master Plan area has not been zoned by the City of Newman yet, since it is not yet in the City’s jurisdiction. Under the County of Stanislaus General Plan, the area is designated as urban transition. The Newman 2030 General Plan (general plan) shows the area designated as planned mixed residential, community commercial, and business park. Once annexed, the entire area will be pre-zoned consistent with the Master Plan and the general plan regulations.
The residential development proposed under the Northwest Newman Master Plan would be an extension of, and is visually compatible with, the existing adjacent community, and implementation of the proposed Northwest Newman Master Plan would not substantially degrade the visual quality of this area or its surroundings. As a result, the Northwest Newman Master Plan found that impacts to visual character from this development would be less than significant.
d. Development of the housing sites identified within the city limits would include lighting of similar types and intensities that already exist within the City, and must conform to the general design guidelines set forth in the City’s Zoning Code.
Development of housing within the Northwest Newman Master Plan area would introduce new light to that area; however, development of this area has been evaluated in the general plan EIR and the master plan EIR, and are anticipated by the general plan.
The planned annexation of this area for residential and commercial uses would extend the urban boundary of Newman, and the lighting for these uses would remain consistent with the existing urban lighting in the City.
The general plan EIR concluded that with enforcement of its existing regulations regarding light and glare in its Standard Conditions of Approval and City zoning code, impacts related to light and glare by urban development allowed under the general plan would be less than significant.
Section D Evaluation of Environmental Impacts 15 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024
2. AGRICULTURE AND FOREST RESOURCES
In determining whether impacts on agricultural resources are significant environmental effects and in assessing impacts on agriculture and farmland, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:
Comments:
a. The Housing Element Update designates multiple sites which consist of Prime and Unique Farmland (California Department of Conservation 2022). These sites include the Northwest Newman Master Plan area, Mattos Ranch, and Sites 10 and 17 (see Figure 2, Housing Sites Inventory Locations).
Mattos Ranch contains Unique and Prime Farmland as designated by the California Department of Conservation. The Mattos Ranch Subdivision Phase 2 Mitigated Public Review Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to nonagricultural use?
☐ ☐ ☒ ☐
b. Conflict with existing zoning for agricultural use, or a Williamson Act contract? ☐ ☐ ☐ ☒
c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code
section 12220(g)), timberland (as defined by Public
Resources Code section 4526), or timberland zoned
Timberland Production (as defined by Government
Code section 51104(g))?
☐ ☐ ☐ ☒
d. Result in the loss of forest land or conversion of
forest land to non-forest use? ☐ ☐ ☐ ☒
e. Involve other changes in the existing environment
which, due to their location or nature, could result in conversion of Farmland to nonagricultural use or
conversion of forest land to non-forest use?
☐ ☐ ☐ ☒
Section D Evaluation of Environmental Impacts 16 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 Initial Study/Negative Declaration (2023) concluded that this area would not result in significant impacts to farmland because California Agricultural Land Evaluation and Site Assessment Model (LESA model) results were below the threshold of significance.
The Northwest Newman Master Plan area is designated as Prime Farmland by the California Department of Conservation. The Northwest Newman Master Plan Draft EIR (2017) concluded that this area would not result in significant impacts to farmland because the impact related to the conversion of farmland was acknowledged by the general plan EIR, and the City Council adopted a statement of overriding considerations.
Similarly, future development of Sites 10 and 17 will result in the loss of Prime Farmland, however, the general plan anticipates infill development within the city limits and as a result, the Housing Element would not result in new impacts related to the conversion of farmland.
b. According to the general plan, there were no Williamson Act contracts within Newman city limits as of 2005. However, two parcels within the Northwest Newman Master Plan area, which are identified in the Housing Site Inventory, are under Williamson Act contracts. The Northwest Newman Master Plan Draft EIR (2017) adopted by the City in April 2017 determined that the loss of 14.05 acres of land under Williamson Act contract would be less than significant because the Northwest Newman Master Plan includes a policy which allows the areas under contract to remain until they are either non-renewed by the property owners or cancelled by action of the City of Newman or County of Stanislaus.
Regarding zoning, all of the agricultural land in the City of Newman’s Sphere of Influence, which includes all of the sites designated by the Housing Element Update, is designated for urban uses under the general plan. The Master Plan areas will result in rezonings to be consistent with the general plan, and therefore are anticipated and will not result in a significant impact.
c. There are no forest lands within the City of Newman, or within the Northwest Newman Master Plan area which is located just outside the City of Newman in unincorporated Stanislaus County, as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g). Therefore, development on any of the housing sites on the inventory list would not conflict with existing zoning, or cause rezoning of, forest land, timberland, or timberland zoned Timberland Production.
d. There are no forest lands within the City of Newman or within the Northwest Newman Master Plan area which is located just outside the City of Newman in Stanislaus County.
Therefore, development on any of the housing sites on the inventory list would not result in the loss of forest land or conversion of forest land to non-forest use.
Section D Evaluation of Environmental Impacts 17 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 e. Although development of some of the Housing Inventory Sites would result in the conversion of Farmland to non-agricultural uses as discussed above, there is no evidence, and it would be speculative to conclude, that development of these sites would result in additional areas to convert from Farmland to nonagricultural use.
Section D Evaluation of Environmental Impacts 18 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024
3. AIR QUALITY
Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations.
Would the project:
The City of Newman is located in the San Joaquin Valley Air Basin, which is within the jurisdiction of the San Joaquin Valley Air Pollution Control District (“air district”). The discussion in this section is based primarily on the air district’s Guidance for Assessing and Mitigating Air Quality Impacts (2015) (GAMAQI), the Small Project Analysis Levels (2020) (SPAL), and the 2018 PM2.5 Plan for the San Joaquin Valley (2021) (2018 PM2.5 Plan).
Comments:
a. The air district has primary responsibility for assuring that national and state ambient air quality standards are attained and maintained in the air basin. CEQA requires that proposed projects be analyzed for conflicts with applicable air quality plans. An air quality plan describes air pollution control strategies to be implemented by a city, county, or region classified as a non-attainment area. The main purpose of an air quality plan is to bring the area into compliance with the requirements of Federal and State ambient air quality standards.
Attainment status is found on the air district website (SJVAPCD 2022a). The primary air pollutants of concern in the air basin are ozone and particulate matter, for which the air basin is in nonattainment. According to the air district, the air basin is in nonattainment for the federal and state standards for ozone (eight-hour) and PM2.5, and with the state standards for ozone (one hour) and PM10. The air basin is either unclassified or in attainment with all other State and Federal ambient air quality standards.
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Conflict with or obstruct implementation of the
applicable air quality plan? ☐ ☒ ☐ ☐
b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is
nonattainment under an applicable federal or state
ambient air quality standard?
☐ ☒ ☐ ☐
c. Expose sensitive receptors to substantial pollutant
concentrations? ☐ ☒ ☐ ☐
d. Result in other emissions, such as those leading to
odors adversely affecting a substantial number of
people?
☐ ☐ ☐ ☒
Section D Evaluation of Environmental Impacts 19 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 On August 19, 2021, the air district approved the 2018 PM2.5 Plan. The air district adopted the Initial State Implementation Plan on October 19, 2023, which fulfills the initial mandate required through the Clean Air Act for Serious PM2.5 nonattainment areas, including updated emissions inventory, precursor demonstration, and the demonstration that best available control measure requirements continue to satisfy regional air quality standards. The remaining elements of the Initial State Implementation Plan, including emissions control strategy, modeling analysis, attainment demonstration, contingency measures, and reasonable further progress and quantitative milestones, were scheduled for release in December, 2023, but were not available at the time of this assessment.
The air district has adopted thresholds, rules, and regulations to implement the 2018 PM2.5 Plan and address ozone and particulate matter emissions in the air basin. The air district’s Indirect Source Review Rule (Rule 9510) addresses reduction measures for NOx and PM10, both from construction and operations of new land use projects. The rule is the result of State requirements outlined in the regions’ portion of the State Implementation Plan. Projects with more than 50 residential units are subject to compliance with Rule 9510, which is administered and monitored by the air district. Rule 9510 requires qualifying projects to mitigate operational NOx and PM10 emissions by applying air district-approved mitigation measures and paying fees to support programs that reduce emissions. Fees apply to the unmitigated portion of the emissions and are based on estimated costs to reduce the emissions from other sources plus program administration costs.
The air district controls fugitive dust PM10 emissions through Regulation VIII, the purpose of which is to reduce ambient concentrations of PM10 by requiring actions to prevent, reduce or mitigate anthropogenic (human caused) fugitive dust emissions.
Emissions reduction measures also reduce PM2.5 emissions. This applies to activities such as construction, bulk materials, open areas, paved and unpaved roads, material transport, and agricultural areas. Sources regulated are required to provide dust control plans that meet the regulation requirements. Fees are collected by the air district to cover costs for reviewing plans and conducting field inspections. As described in greater detail in item “b” below, future residential development pursuant to the Housing Element Update is subject to compliance with Regulation VIII as part of the building permit review process.
Compliance with Regulation VIII ensures that construction fugitive dust PM10 emissions are reduced to a less-than-significant level and would therefore conform to the air district’s applicable air quality plans.
Guidance for analyzing air quality impacts of land use projects is provided in the air district’s Guidance for Assessing and Mitigating Air Quality Impacts (GAMAQI) (SJVAPCD 2015). The GAMAQI includes screening criteria for project types and sizes to help determine if a project’s construction and operation emissions would have the potential to violate ambient air quality standards. Projects that do not exceed the screening criteria levels or criteria pollutant emissions volume thresholds would not conflict with or obstruct implementation of the air quality plan. Projects that exceed the screening sizes Section D Evaluation of Environmental Impacts 20 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 have the potential to generate emissions that exceed the ambient air quality standards, which would be considered a potentially significant impact, and a potential conflict with the air quality plan.
The general plan includes a number of policies intended to reduce air emissions from new development and in turn, to facilitate consistency with air quality control plans. The policies are primarily focused on promoting mixed-use land uses and alternative modes of transportation that would reduce transportation-related emissions by reducing vehicle trip volumes. Other policies would reduce air pollution associated with energy usage. Policies and Actions under Goal NR-4 in the Natural Resources Element specifically focus on promoting and improving air quality. These include Policy NR-4.1, which encourages the City to attain compliance with federal and State air quality standards, and Policies NR-4.2, NR-4.3, NR-4.4 and NR-4.10, which require using air district methodologies and thresholds for evaluating air quality impact, and adherence to air district guidelines for implementing construction period pollution control measures. Policy NR-4.5 requires the City to design intersections to reduce air pollution emissions, and Policy NR-4.6 addresses the location of sensitive receptors away from potential generators of air pollutants. Policy NR-4.9 requires the City to support efforts of the air district and other agencies in regional air quality management planning, programs, educational and enforcement measures. Other policies under Goal NR-4 call for expanding employment opportunities to reduce commuting times and increasing ridesharing and transit use (policies NR-4.7 and NR-4.8); requiring installation of cleaner, gas-burning fireplaces in new developments (Policy NR-4.12); requiring new developments to comply with Rule 9510 (Policy NR-4.11); encouraging construction of bicycle, pedestrian and transit facilities (Policy NR-4.13); and requiring features in new developments that reduce reliance of gas-powered landscape equipment (Policy NR-4.14).
The proposed Housing Element Update includes programs whose adoption would also have air quality benefits. Program 3.1 requires the City to promote weatherization and energy conservation programs to reduce energy demand from existing homes. Program
3.2 requires the City to continually update its building code to reflect energy efficiency requirements in the latest version of the California Green Building Standards Code.
The approach for addressing the programmatic air quality impacts of implementing the Housing Element Update, which would promote consistency with the air district’s air quality plans, is addressed in item “b” below. With implementation of mitigation measure AQ-1 below, the proposed project would not conflict with applicable air quality plans. b. Construction Emissions. Emissions from construction activities represent temporary impacts that are typically short in duration, depending on the size, phasing, and type of project, and generally do not contribute to long-term cumulative air quality impacts. Air quality impacts can, nevertheless, be acute during construction periods, resulting in significant localized impacts to air quality. Compliance with Rule 9510 and Regulation VIII is required to ensure that individual future residential projects contribute their share of emission reductions to achieve the reduction targets established in the air district’s Section D Evaluation of Environmental Impacts 21 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 ozone and particulate matter attainment plans. Rule 9510 requires that individual qualifying projects reduce construction NOx exhaust emissions by 20 percent and construction PM10 exhaust emissions by 45 percent. These reductions are typically achieved by using construction fleet equipment with newer or retrofitted engines, reducing construction traffic, electrifying construction sites and stationary equipment, and implementing idling restrictions for equipment and trucks.
Regulation VIII requires implementation of fugitive dust control measures to reduce PM10 emissions. A dust control plan is required and subject to review and approval by the air district prior to construction as part of the building permit process. The dust control plan must outline control measures for each phase of construction, which may include all or a combination of the following measures:
Effective dust suppression (e.g., watering) for land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill and demolition activities. Effective stabilization of all disturbed areas of a construction site, including storage piles, not used for seven or more days.
Control of fugitive dust from on-site unpaved roads and off-site unpaved roads. Removal of accumulations of mud or dirt at the end of the workday or once every 24 hours from public paved roads, shoulders and access ways adjacent to the site. Cease outdoor construction activities that disturb soils during high winds periods. Record keeping for each day dust control measures are implemented. Limit traffic speeds on unpaved roads to 15 mph.
Install erosion control measures to prevent silt runoff to public roadways. Landscape or replant vegetation in disturbed areas as quickly as possible. Prevent the tracking of dirt on public roadways. Limit access to the construction sites, so tracking of mud or dirt on to public roadways can be prevented. If necessary, use wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site.
Suspend grading activity when winds (instantaneous gusts) exceed 25 mph or dust clouds cannot be prevented from extending beyond the site. Anyone who prepares or implements a dust control plan must attend a training course conducted by the air district. Construction sites are subject to air district inspections under this regulation.
Rule 9510 and Regulation VIII are uniformly applied regulations. Required compliance of qualifying projects with these regulations ensures their consistency with the district’s air quality plans and in so doing, that construction emission impacts are reduced to less than significant. No mitigation is required.
Operational Emissions. Occupying 1,832 residential units pursuant to the Housing Element Update would result in new mobile (transportation) source and new area source criteria air emissions. Individual projects that meet the air district’s Small Project Analysis Section D Evaluation of Environmental Impacts 22 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 Level (SPAL) criteria for residential projects would not contribute to cumulative criteria air pollutant impacts of implementing the proposed project. The SPAL criteria are identified in the GAMAQI as shown in Table 3, Small Project Analysis Level: Residential.
Individual residential projects with a development capacity that falls below the maximum dwelling unit size for the respective residential density levels are deemed by the air district to have a less than significant impact on air quality, and quantification of criteria air pollutant volumes is not necessary.
Table 3 Small Project Analysis Level: Residential
Land Use Type Size
AND
LESS
THAN
Average Daily OneWay Trips for All Fleet
Types (Except HHDT)
Average Daily One-way
for HHDT Trips Only
(50-Mile Trip Length)
Single Family 155 dwelling units
800 15
Apartment, Low Rise 224 dwelling units
Apartment, Mid Rise 225 dwelling units
Apartment, High Rise 340 dwelling units
Condominiums/Townhouse 256 dwelling units
Condominiums, High Rise 352 dwelling units
Mobile Home Park 292 dwelling units
Retirement Community 580 dwelling units
Congregate Care Assisted 536 dwelling units
SOURCE: San Joaquin Valley Air Pollution Control District Small Project Analysis Level, 2020 NOTE: HHDT = Heavy-Heavy Duty Trucks
Appendix B, Site Inventory Table, shows projected unit numbers for each opportunity site and the planned residential development density for each. One opportunity site planned for single family residential development has a development capacity of 348 units, which exceeds the associated SPAL screening criteria of 155 units. None of the development capacities for other sites exceed the screening criteria based on their assumed dwelling unit capacity and planned densities. Where a typical residential project does not exceed the dwelling unit capacity number shown in Table 3, it is assumed that it would also meet the vehicle trip criteria. For residential projects, the heavy-duty truck criteria is typically not relevant, as residential projects generate few if any heavy-duty truck trips. To ensure that air quality effects of any individual residential project with a development capacity that exceeds the SPAL criteria are addressed consistent with air district guidance, the following mitigation measure shall be implemented:
Mitigation Measure
AQ-1 The Community Development Department shall require an air quality analysis for residential projects whose dwelling unit count exceeds the dwelling unit screening threshold for residential uses as identified in the San Joaquin Valley Air Pollution Control District’s Small Project Analysis Level: Residential Table. If the impact of an individual proposed residential project is found to be significant, the air quality Section D Evaluation of Environmental Impacts 23 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 analysis shall include mitigation measures to reduce operational criteria air pollutant emissions consistent with the air district’s applicable criteria emissions thresholds of significance. The developer will be required to implement the measures.
c. The proposed project has the potential to exposure sensitive receptors to localized health risks associated with toxic air contaminant (TAC) emissions from construction equipment exhaust emitted at individual future housing construction sites. TACs are pollutants that may result in an increase in mortality, serious illness, or may pose a present or potential hazard to human health at elevated concentrations and durations of exposure. Health effects could potentially include cancer, birth defects, neurological damage, damage to the body's natural defense system, and diseases that lead to death. TACs are found in ambient air, especially in urban areas, and are caused by industry, agriculture, fuels combustion, and commercial operations (e.g., dry cleaners). Diesel exhaust is the predominant TAC in urban air and is estimated to represent about two-thirds of the cancer risk from TACs.
Diesel particulate matter is the primary TAC of concern within diesel exhaust. The primary community risk impact issues associated with construction exhaust emissions are cancer risk from diesel particulate matter exposure and exposure to PM2.5.
According to the air district’s CEQA guidelines, a sensitive receptor is generally defined as a location where there is reasonable expectation that human populations, especially children, seniors, and sick persons, could be continuously exposed to TACs. Typical sensitive receptors include residences, hospitals, and schools.
Operations of residential uses are not generally sources of TACs that would increase health risks. However, construction activities at each housing site could generate temporary and limited localized TAC emissions from diesel construction equipment.
Many of the planned housing sites are located adjacent to existing residential development. The air district recommends using best management practices during construction to reduce related diesel emissions consistent with consistent with Regulation VIII as described above. Additionally, emissions from diesel engines used in construction are subject to control under regulations adopted by both the California Air Resources Board and U.S. EPA. U.S. EPA promulgated new emission standards for off-road engines in 1998, with the California Air Resources Board adopting parallel standards in 2000. In 2004, Tier 4 emission standards were adopted and were phased in for new engines between 2011 and 2014. In 2007 CARB adopted an off-road equipment regulation to accelerate reductions of NOx and diesel PM from existing off-road engines.
Beginning in 2012 and through 2023, the off-road regulation required operators of older equipment to either install abatement devices, upgrade to Tier 3 and eventually Tier 4 engines, or to retire older equipment.
Implementation of the following mitigation measure would ensure that the health risks from potential exposures to construction TAC emissions would be less than significant by requiring that best management practices be implemented to reduce emissions and to ensure compliance with diesel engine regulations designed to reduce diesel emissions.
Section D Evaluation of Environmental Impacts 24 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 Mitigation Measure
AQ-2 Future developers of individual residential opportunity sites shall prepare a Construction Management Plan for review and approval by the Community Development Director or his designate. The Construction Management Plan shall include the following measures to reduce TAC emissions during construction at individual housing opportunity sites:
a. Heavy-duty diesel vehicles will have 2010 or newer model year engines, in compliance with the California Air Resources Board’s Truck and Bus Regulation;
b. Idling of construction equipment and heavy-duty diesel trucks will be avoided where feasible, and if idling is necessary, it will not exceed three minutes; c. All construction equipment will be maintained and properly tuned in accordance with manufacturer’s specifications and will be checked by a certified visible emissions evaluator; and
d. All non-road diesel construction equipment will, at a minimum, meet Tier 3 emission standards listed in the Code of Federal Regulations Title 40, Part 89, Subpart B, §89.112. Further, where feasible, construction equipment will use alternative fuels such as compressed natural gas, propane, electricity or biodiesel.
d. Residential development is not a source of objectionable odors. Construction diesel vehicles and equipment in could create localized odors. These odors would be temporary and would dissipate relatively quickly and thus would not likely to be noticeable for extended periods of time much beyond individual project site boundaries. The proposed project would not result in significant impacts related to odors.
Section D Evaluation of Environmental Impacts 25 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024
4. BIOLOGICAL RESOURCES
Would the project:
Comments:
This section evaluates the potential effects of development pursuant to the Housing Element Update on sensitive biological resources present on or in the vicinity of the housing opportunity sites (project site) in the City of Newman. The Housing Element Update identifies housing sites on vacant and underutilized residential sites, focusing on infill development and redevelopment within already developed areas, and on future growth areas outside of city limits, including on farmland identified as part of the Northwest Newman Master Plan area (City of Newman 2016, City of Newman 2017).
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Have a substantial adverse effect, either directly or through habitat modifications, on any species
identified as a candidate, sensitive, or special status species in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife
or US Fish and Wildlife Service?
☐ ☒ ☐ ☐
b. Have a substantial adverse effect on any riparian
habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or US
Fish and Wildlife Service?
☐ ☐ ☐ ☒
c. Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to,
marsh, vernal pool, coastal, etc.), through direct
removal, filing, hydrological interruption, or other
means?
☐ ☒ ☐ ☐
d. Interfere substantially with the movement of any
native resident or migratory fish or wildlife species or with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites?
☐ ☐ ☐ ☒
e. Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
☐ ☐ ☐ ☒
f. Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat conservation plan?
☐ ☐ ☐ ☒
Section D Evaluation of Environmental Impacts 26 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 This evaluation utilizes the federal, state, and regional/local regulatory framework pertaining to biological resources and anticipates impacts to biological resources as a result of the development of the housing opportunity sites. This evaluation is a high-level analysis for the proposed Housing Element Update. Specific subsequent projects and their potential effects on biological resources are not fully known at this time. Accordingly, this analysis uses a programmatic approach to evaluating potential impacts to sensitive biological resources that may result from implementation of the proposed project, corresponding with the conceptual level of project information available. The proposed project includes the potential future development of 1,832 housing units.
Information in this section is derived from various sources including:
City of Newman 2030 General Plan (2007);
City of Newman 2030 General Plan EIR (2006);
City of Newman Code of Ordinances (2023);
Northwest Newman Master Plan Draft Environmental Impact Report (April 2017); Northwest Newman Master Plan Final Environmental Impact Report (October 2017); California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (CDFW 2023a, CDFW 2023b);
California Native Plant Society (CNPS) Inventory of Rare and Endangered Plants Database (CNPS 2023); and
U.S. Fish and Wildlife Service (USFWS) Endangered Species Program Database (USFWS 2023a) and National Wetlands Inventory Database (USFWS 2023b).
EMC Planning Group assessed the housing opportunity site locations shown in Figure 2, Housing Sites Inventory Locations, including housing sites within the city limits and in the adjacent Northwest Newman Master Plan area, and reviewed biological resource database accounts, aerial photographs, technical background information, and policies applicable to projects located in City of Newman. This included searching the U.S. Fish and Wildlife Service (USFWS) Endangered Species Database (USFWS 2023a), California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (“CNDDB”, CDFW 2023a, CDFW 2023b), and California Native Plant Society (CNPS) Inventory of Rare and Endangered Plants (CNPS 2023) to identify special-status plants, wildlife, and habitats known to occur in the vicinity of the housing sites. A review of the U.S. Fish and Wildlife Service’s National Wetlands Inventory (NWI) database was also conducted to identify jurisdictional aquatic features (wetlands, drainages, and/or riparian areas) on or adjacent to proposed housing sites (USFWS 2023b).
Environmental Setting. The proposed housing opportunity sites are located within and adjacent to the City of Newman in Stanislaus County, California. The City of Newman is situated on the Newman U.S. Geological Survey (USGS) 7.5-minute quadrangle map, and has a generally flat topography and an approximate elevation of 90 feet above sea level. Newman is within the Central Valley Bioregion, which encompasses a diversity of plant communities ranging from oak woodlands and grasslands to riparian forests and farmland. The bioregion is also California’s top Section D Evaluation of Environmental Impacts 27 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 agricultural area. The climate in the area is Mediterranean, with hot and dry summers, and winters tending to be cool and wet. Most of the annual rainfall occurs between the months of December and March.
Extensive wetlands are found to the east of Newman, formed by the meeting of the Merced River and San Joaquin River. High-quality plant and wildlife habitat is protected here by the Kesterson National Wildlife Refuge and Great Valley Grasslands State Park. See Figure 3, Habitat Map, below.
The City is comprised primarily of single-family homes with commercial and light industrial land uses and is bisected by State Route 33. The adjacent unincorporated areas are predominately under agricultural use and contain scattered single-family ranchette residences.
Plant Communities and Wildlife Habitat. The plant and wildlife habitat on the proposed housing sites within the interior of the City is of poor quality and would not be adequate to support special-status species. Urban plant and wildlife habitats within the City include parks, vacant lots, gardens, yards, and an abundance of trees. Potential habitat on or immediately adjacent to urban housing sites include gardens with a diverse variety of shrubs and trees. This habitat supports urban-adapted bird and wildlife species such as American crow (Corvus brachyrhynchos), European starling (Sturnus vulgaris), Eurasian collared-dove (Streptopelia decaocto), California scrub-jay (Aphelocoma californica), California towhee (Melozone crissalis), dark-eyed junco (Junco hyemalis), Anna’s hummingbird (Calypte anna), raccoon (Procyon lotor), Virginia opossum (Didelphis virginiana), striped skunk (Mephitis mephitis), and western gray squirrel (Sciurus griseus).
Nesting birds, protected by the Migratory Bird Treaty Act, are abundant during the nesting season (January 15 through September 15). Bat species could also potentially be present within the developed areas of the City.
Proposed housing sites on the City edges support slightly higher quality plant and wildlife habitats than within the City center and may harbor special-status species, however disturbance from development and agricultural activities limit habitat quality. These areas could be vacant lots or agricultural lands within the city limits, or adjacent farmland to be annexed, such as the Northwest Newman Master Plan area. Agricultural land cover encompasses all areas where the native vegetation has been cleared for agricultural use. These areas include orchard, row-crop, hay and pasture, and disked fallow land. Wildlife habitat quality within areas of agricultural land cover is considered low due to the high level of disturbance from farm activities. a. Special-Status Species. Special-status species are those listed as Endangered, Threatened, or Rare, or as candidates for listing by the U.S. Fish and Wildlife Service and/or California Department of Fish and Wildlife; as Species of Special Concern or Fully Protected species by the California Department of Fish and Wildlife; or as Rare Plant Rank 1B or 2B species by California Native Plant Society. Appendix C, SpecialStatus Species in the Vicinity of the Housing Sites, presents tables with database search results, and lists special-status species documented within the vicinity of the housing sites, their listing status and suitable habitat description, and their potential to occur on the housing sites. Figure 4, Special-Status Species in the Project Vicinity, presents a map of California Natural Diversity Database results.
Section D Evaluation of Environmental Impacts 28 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 The housing opportunity sites within the Newman city limits provide very limited to no habitat for most special-status species known to occur in or near the City of Newman, however development facilitated by the Housing Element Update could impact individual trees and pockets of vegetation in the urbanized areas of Newman. Areas that could provide some marginal habitat for special-status species are primarily located on the City periphery and on and adjacent to agricultural lands identified as part of the Northwest Newman Master Plan area. Many raptor species, such as Swainson’s hawk (Buteo swainsoni), depend on these habitats. Other special-status and protected species that may be found on the City edges and adjacent farmland include American badger (Taxidea taxus), San Joaquin kit fox (Vulpes macrotis mutica), burrowing owl (Athene cunicularia), hoary bat (Lasiurus cinereus), pallid bat (Antrozous pallidus), western red bat (Lasiurus blossevillii), loggerhead shrike (Lanius ludovicianus), and protected nesting birds.
Special-Status Plant Species. There are 21 special-status plant species that occur in the vicinity of Newman that were assessed for their potential to occur on or adjacent to a housing site. All 21 special-status plant species are considered unlikely to occur (Appendix C). No suitable habitat for special-status plant species recorded as occurring in the vicinity is expected at the housing sites, within or adjacent to the City. The specialstatus plant species in the vicinity are not adapted to disturbed or developed sites or farmland edges. Many of the special-status plant species in the project vicinity are adapted to special conditions not found in the City vicinity, including alkaline soils and vernal pools. Therefore, the proposed project would have no impact on special-status plant species.
Special-Status Wildlife Species. Of the 30 special-status wildlife species assessed for their potential to occur on or adjacent to the proposed housing sites, nine species were determined to have the potential to occur along the City edges and within adjacent farmland: American badger, San Joaquin kit fox, burrowing owl, Swainson’s hawk, hoary bat, pallid bat, western red bat, loggerhead shrike, and protected nesting birds (Appendix C). These species are discussed further below.
American Badger. American badger is a California Species of Special Concern. It is an uncommon, permanent resident found throughout most of the state, except in the northern North Coast area. Typical habitats include drier open stages of most shrub, forest, and herbaceous habitats with friable soils suitable for burrows. Prey species include burrowing rodents such as rats, mice, chipmunks, ground squirrels, and pocket gophers. Badger diet shifts seasonally depending on the availability of prey and may also include reptiles, insects, earthworms, eggs, birds, and carrion. Mixed oak woodland, coastal scrub, and grassland habitats provide cover, drier soils for burrowing, and prey resources for this species. American badger was recorded approximately 7.4 miles west of Newman (Occ. No. 66, CDFW 2023b) and 8.9 miles southeast of Newman (Occ. No. 67, CDFW 2023b). Potential ruderal and farmland habitat on or adjacent to the City’s peripheral housing sites (e.g. Sites 1, 8, 9, 10, and 17), including the Northwest Newman Master Plan area, could potentially support American badger. 1f 1e
10
8
9
21
11
22
1b
1a
1c
1d
18 16
6
4 5
7
20
12
14
23
13
15
19
17
3
2
Habitat Map
Newman 6th Cycle Housing Element Initial Study
0 2000 feet
Figure 3
Source: ESRI 2023, Stanislaus County GIS 2023
City Limits GoogleEarth May 2023
Housing Sites
Confined Animal Agriculture
Natural Vegetation
Vacant or Disturbed
Grazing Land
Urban and Built-Up Land
Rural Residential
Semi-Agricultural Land
Farmland
Section D Evaluation of Environmental Impacts 30 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 This side intentionally left blank.
longhorn fairy shrimp
tricolored blackbird
tricolored blackbird
giant gartersnake
Swainson's hawk
Delta button-celery
Swainson's hawk
tricolored blackbird
Swainson's hawk
Delta button-celery
western pond turtle
tricolored blackbird
vernal pool tadpole shrimp
Source: ESRI 2023, CDFW CNDDB 2023
Figure 4
Special-Status Species in the Project Vicinity
Newman 6th Cycle Housing Element Initial Study
0 8,000 feet
City Limit
3-Mile Radius
Special-Status Plants
Special-Status Wildlife
Northwest Newman Master Plan Area
Section D Evaluation of Environmental Impacts 32 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 This side intentionally left blank.
Section D Evaluation of Environmental Impacts 33 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 As American badgers are known to occur in the region and could den and forage on a proposed housing project site located on the City edges and adjacent farmland, project development could result in impacts to this species from disturbance, injury, or mortality during construction. Loss or harm to American badger is considered a significant, adverse impact. Implementation of Mitigation Measures BIO-1 and BIO-2 would reduce potential, significant impacts to American badger to a less-than-significant level.
Mitigation Measures
BIO-1 Not more than 14 days prior to the commencement of ground-disturbing construction activities on the City’s peripheral housing sites (e.g. Sites 1, 8, 9, 10, and 17), housing developers shall hire a qualified wildlife biologist to conduct surveys of the habitat on site to identify any potential American badger burrows/dens. If the survey results are negative (i.e., no badger dens observed), a letter report confirming absence shall be prepared and submitted to the City of Newman Community Development Department prior to issuance of a grading permit for the housing site and no further mitigation is required.
If the results are positive (badger dens are observed), the qualified biologist shall determine if the dens are active by installing a game camera for three days and three nights to determine if the den is in use.
a. If the biologist determines that a den may be active, coordination with the California Department of Fish and Wildlife shall be undertaken to develop a suitable strategy to avoid impacts to American badger. The strategy may include the following: the biologist shall install a one-way door in the den opening and continue use of the game camera. Once the camera captures the individual exiting the one-way door, the den can be excavated with hand tools to prevent badgers from reusing them. If the biologist determines that the den is a maternity den, construction activities shall be delayed during the maternity season (February to August), or until the badgers leave the den on their own accord or the biologist determines that the den is no longer in use. b. If the game camera does not capture an individual entering/exiting the den, the den can be excavated with hand tools to prevent badgers from reusing them.
c. After dens have been excavated and the absence of American badger confirmed, a letter report shall be prepared and submitted to the City of Newman Community Development Department, prior to issuance of a grading permit for a housing site.
BIO-2 Worker Environmental Awareness Training. Prior to approval of a grading permit on the City’s peripheral undeveloped housing sites (e.g. Sites 1, 8, 9, 10, 17, and 19), a qualified biologist shall conduct a training session for all construction personnel. At a minimum, the training shall include a description of special-status species potentially occurring in the housing site vicinity, including, but not limited Section D Evaluation of Environmental Impacts 34 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 to, American badger, San Joaquin kit fox, burrowing owl, Swainson’s hawk, hoary bat, pallid bat, western red bat, and loggerhead shrike. Their habitats, general measures that are being implemented to conserve species as they relate to the housing site, and the boundaries within which construction activities will occur will be explained. Informational handouts with photographs clearly illustrating the species’ appearances shall be used in the training session. All new construction personnel shall undergo this mandatory environmental awareness training.
Documentation of completion of this training shall be submitted to the City of Newman Community Development Department prior to the start of ground disturbing activities.
Implementation of these mitigation measures would reduce the potential, significant impact to American badger to a less-than-significant level by requiring pre-construction training and surveys for active badger dens and the implementation of avoidance, minimization, and mitigation measures should they be found on the project site.
San Joaquin Kit Fox. The San Joaquin kit fox is a federally-listed endangered species and a state-listed threatened species. The present range of the San Joaquin kit fox extends from the southern end of the San Joaquin Valley, north to Tulare County, and along the interior Coast Range valleys and foothills to central Contra Costa County. San Joaquin kit foxes typically inhabit annual grasslands or grassy open spaces with scattered shrubby vegetation but can also be found in some agricultural habitats and urban areas. This species needs loose-textured sandy soils for burrowing, and they also need areas that provide a suitable prey base, including black-tailed hare, desert cottontails, and California ground squirrels, as well as birds, reptiles, and carrion.
According to the CDFW, kit foxes have become established in urban settings of the Central Valley, such as Bakersfield, Taft, and Coalinga (Harrison et. al 2011). When kit foxes have easy access to trash and pet food, they often lose fear of people and urban environments. Potential ruderal and farmland habitat on or adjacent to the City’s peripheral housing sites (e.g. Sites 1, 8, 9, 10, and 17), including the Northwest Newman Master Plan area could potentially support San Joaquin kit fox. Observations of this species have been documented approximately five miles to the southwest of Newman (Occurrence No. 414, CNDDB 2023) and approximately five miles to the southeast of Newman (Occurrence No. 600, CNDDB 2023).
The likelihood of this species occurring on the proposed housing sites is considered low.
However, kit fox can use marginal habitat on the City edges and adjacent farmland. Loss of or harm to individual kit foxes could result if they are present on a housing site and seek shelter during construction within artificial structures, such as stored pipes or exposed trenches. Loss or harm to San Joaquin kit fox is considered a significant adverse impact.
Section D Evaluation of Environmental Impacts 35 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 Implementation of Mitigation Measure BIO-2, presented earlier, which requires a training session on special-status species potentially present on a housing construction site for all personnel and BIO-3, below, would reduce potential, significant impacts to San Joaquin kit fox to a less-than-significant level.
Mitigation Measure
BIO-3 The U.S. Fish and Wildlife Service Standardized Recommendations for Protection of the San Joaquin Kit Fox Prior to or During Ground Disturbance (USFWS 2011) shall be implemented prior to initiation of and during any construction activity on the City’s peripheral housing sites (e.g. Sites 1, 8, 9, 10, and 17) by housing project developers to avoid unintended take of individual San Joaquin kit foxes.
Preconstruction/pre-activity surveys for San Joaquin kit fox shall be conducted no less than 30 days prior to the beginning of ground disturbance and/or construction activities or any project activity that may impact San Joaquin kit fox.
The surveys shall include all work areas and a minimum 200-foot buffer of the construction site. The preconstruction surveys shall identify kit fox habitat features on the project site, evaluate use by kit fox and, if possible, assess the potential impacts of the proposed activity. The status of all dens shall be determined and mapped.
If a natal/pupping den is discovered at a housing opportunity site or within 200 feet of the site, the applicant shall consult with the California Department of Fish and Wildlife and U.S. Fish and Wildlife Service to establish an appropriate avoidance buffer. The avoidance buffer shall be maintained until such time as the burrow is no longer active and/or an incidental take permit is determined to be required and is obtained.
In addition, the following measures shall be observed:
a. Project-related vehicles shall observe a 20-mph speed limit in all project areas; this is particularly important at night when kit foxes are most active.
To the extent possible, night-time construction shall be minimized. Off-road traffic outside of designated project area shall be prohibited. b. To prevent inadvertent entrapment of kit foxes or other animals during the construction phase of any project, all excavated, steep-walled holes or trenches more than two feet deep shall be covered at the close of each working day by plywood or similar materials, or provided with one or more escape ramps constructed of earth fill or wooden planks. Before such holes or trenches are filled, they shall be thoroughly inspected for trapped animals.
If at any time a trapped or injured kit fox is discovered, the procedures under number 11 of the Construction and Operational Requirements in the Standardized Recommendations must be followed.
Section D Evaluation of Environmental Impacts 36 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 c. Kit foxes are attracted to den-like structures such as pipes and may enter stored pipe becoming trapped or injured. All construction pipes, culverts, or similar structures with a diameter of four inches or greater that are stored at a construction site for one or more overnight periods shall be thoroughly inspected for kit foxes before the pipe is subsequently buried, capped, or otherwise used or moved in any way. If a kit fox is discovered inside a pipe, that section of pipe shall not be moved until the U.S. Fish and Wildlife Service has been consulted. If necessary, and under the direct supervision of the biologist, the pipe may be moved once to remove it from the path of construction activity, until the fox has escaped.
d. All food-related trash items such as wrappers, cans, bottles, and food scraps shall be disposed of in closed containers and removed at least once a week from a construction or project site.
e. No firearms shall be allowed on the project site during construction activities.
f. To prevent harassment, mortality of kit foxes or destruction of dens by dogs or cats, no pets shall be permitted on site during construction activities. g. Use of rodenticides and herbicides on the project site during construction shall be restricted. This is necessary to prevent primary or secondary poisoning of kit foxes and the depletion of prey populations on which they depend. All uses of such compounds shall observe label and other restrictions mandated by the U.S. Environmental Protection Agency, California Department of Food and Agriculture, and other State and Federal legislation, as well as additional project-related restrictions deemed necessary by the U.S. Fish and Wildlife Service. If rodent control must be conducted, zinc phosphide shall be used because of proven lower risk to kit fox. h. In the case of trapped animals, escape ramps or structures shall be installed immediately to allow the animal(s) to escape.
i. Any contractor, employee, or agency personnel who inadvertently kills or injures a San Joaquin kit fox shall immediately report the incident to the California Department of Fish and Wildlife and U.S. Fish and Wildlife Service.
j. The applicant shall submit weekly reports on construction monitoring activities to the City of Newman Community Development Department. An occupancy permit shall not be issued without receipt of the weekly reports.
Implementation of these mitigation measures would reduce the potential significant impact to San Joaquin kit fox to a less-than-significant level by requiring pre-construction surveys for kit fox and the implementation of avoidance, minimization, and mitigation measures should they be found on the project site.
Section D Evaluation of Environmental Impacts 37 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 Burrowing Owl. Burrowing owl is a California Species of Special Concern. Burrowing owls live and breed in burrows in the ground, especially in abandoned California ground squirrel burrows. Optimal habitat conditions include large open, dry and nearly level grasslands or prairies with short to moderate vegetation height and cover, areas of bare ground, and populations of burrowing mammals. This species has been observed approximately nine miles southwest of Newman (Occurrence No. 199, CNDDB 2023) and approximately 13 miles northwest of Newman within the City of Patterson (Occurrence No. 588, CNDDB 2023). Potential ruderal and farmland habitat on or adjacent to the City’s peripheral housing sites, including the Northwest Newman Master Plan area could potentially support burrowing owl, and California ground squirrel burrows have been observed on the project site (City of Newman 2017). The likelihood of this species occurring on a proposed housing site is considered low. However, burrowing owl can use marginal habitat on the City edges and adjacent farmland. If burrowing owl is present on or adjacent to a project site, construction activities could result in the loss or disturbance of individual animals. Loss or harm to burrowing owl is considered a significant, adverse impact. Implementation of Mitigation Measure BIO-2, presented earlier, which requires a training session on special-status species potentially present on a housing construction site for all personnel and BIO-4, below, would reduce potential, significant impacts to burrowing owl to a less-than-significant level.
Mitigation Measure
BIO-4 To avoid loss of or harm to burrowing owl, the following measures shall be implemented by housing project developers:
a. Prior to issuance of a grading permit on the City’s peripheral housing sites (e.g. Sites 1, 8, 9, 10, 17, and 19), and to avoid/minimize impacts to burrowing owls potentially occurring within the project site, the applicant shall retain a biologist qualified in ornithology to conduct surveys for burrowing owl. The qualified biologist shall conduct a two-visit (i.e., morning and evening) presence/absence survey at areas of suitable habitat on and adjacent to the project site boundary no less than 14 days prior to the start of construction or ground disturbance activities. Surveys shall be conducted according to the methods for take avoidance described in the Burrowing Owl Survey Protocol and Mitigation Guidelines (CBOC 1993) and the Staff Report on Burrowing Owl Mitigation (CDFW 2012). If no burrowing owls are found, a letter report confirming absence shall be prepared and submitted to the City of Newman Community Development Department and no further measures are required.
b. Because burrowing owls occupy habitat year-round, seasonal no-disturbance buffers, as outlined in the Burrowing Owl Survey Protocol and Mitigation Guidelines (CBOC 1993) and the Staff Report on Burrowing Owl Mitigation (CDFW 2012), shall be in place around occupied habitat prior to and during any ground disturbance activities. The following table includes buffer areas based on the time of year and level of disturbance (CDFW 2012), unless a qualified Section D Evaluation of Environmental Impacts 38 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 biologist approved by the California Department of Fish and Wildlife verifies through non-invasive measures that either: 1) birds have not begun egg laying and incubation; or 2) that juveniles from the occupied burrows are foraging independently and are capable of independent survival.
Location Time of Year Level of Disturbance Buffers
(meters)
Low Med High
Nesting Sites April 1 – Aug 15 200 m 500 m 500 m
Nesting Sites Aug 16 – Oct 15 200 m 200 m 500 m
Nesting Sites Oct 16 – Mar 31 50 m 100 m 500 m
c. If burrowing owl is found and avoidance is not possible, burrow exclusion may be conducted by qualified biologists only during the non-breeding season, before breeding behavior is exhibited and after the burrow is confirmed empty through non-invasive methods, such as surveillance.
Occupied burrows shall be replaced with artificial burrows at a ratio of one collapsed burrow to one constructed artificial burrow (1:1). Evicted burrowing owls may attempt to colonize or re-colonize an area that would be impacted, thus ongoing surveillance during project activities shall be conducted at a rate sufficient to detect burrowing owls if they return. d. If surveys locate occupied burrows in or near construction areas, consultation with the California Department of Fish and Wildlife shall occur to interpret survey results and develop a project-specific avoidance and minimization approach. Once the absence of burrowing owl has been confirmed, a letter report shall be prepared and submitted to the City of Newman Community Development Department.
Implementation of these mitigation measures would reduce the potential significant impact to burrowing owl to a less-than-significant level by requiring pre-construction surveys for active nests/burrows and the implementation of avoidance, minimization, and mitigation measures should they be found on a development site.
Swainson’s hawk. Swainson’s hawk is listed as a threatened species under the California Endangered Species Act (CESA). Swainson's hawk is a long-distance migrator. Their nesting grounds occur in northwestern Canada, the western U.S., and Mexico and most populations migrate to wintering grounds in the open pampas and agricultural areas of South America (Argentina, Uruguay, southern Brazil). This round-trip journey may exceed 14,000 miles. The birds return to the nesting grounds and establish nesting territories in early March.
Section D Evaluation of Environmental Impacts 39 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 Swainson's hawk nests in the Central Valley of California are generally found in scattered trees or along riparian systems adjacent to agricultural fields or pastures. These open fields and pastures are their primary foraging areas. Suitable foraging habitat for Swainson’s hawk is found in the open agricultural fields on or adjacent to the City’s peripheral housing sites, including the Northwest Newman Master Plan area, where a Swainson’s hawk was observed foraging in the fields to the west (City of Newman 2017).
Additionally, nine observations of this species have been recorded within five miles of Newman (CNDDB 2023).
Construction activities at the housing sites could result in the disturbance of nesting sites occupied by Swainson’s hawk on or adjacent to the project site, if present. The change in land use from agricultural to developed uses would cause a loss of Swainson’s hawk foraging habitat at the project site. Loss or harm to Swainson’s hawk or its foraging habitat is considered a significant adverse impact. The California Department of Fish and Game’s (now California Department of Fish and Wildlife) Staff Report Regarding Mitigation for Impacts to Swainson’s Hawks in the Central Valley of California (CDFG 1994) provides guidance on how impacts on Swainson’s hawk are to be mitigated. Implementation of Mitigation Measure BIO-2, presented earlier, which requires a training session on specialstatus species potentially present on a housing construction site for all personnel and BIO-5 and BIO-6, below, would reduce potential, significant impacts to Swainson’s hawk to a less-than-significant level.
Mitigation Measures
BIO-5 For development proposed on the City’s peripheral housing sites (e.g. Sites 1, 8, 9, 10, 17, and 19), housing project development shall implement the following measures to avoid loss of or harm to Swainson’s hawk and other raptors:
a. Tree and vegetation removal shall be completed during the nonbreeding season for raptors (September 16–January 31).
b. To avoid, minimize, and mitigate potential impacts on Swainson’s hawk and other raptors nesting on or adjacent to the project site, retain a qualified biologist to conduct preconstruction surveys and identify active nests on and within 0.5 mile of the project site for construction activities conducted during the breeding season (February 1–September 15). The surveys shall be conducted before the approval of grading and/or improvement plans (as applicable) and no less than 14 days and no more than 30 days before the beginning of construction. Guidelines, provided in Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in the Central Valley (Swainson’s Hawk Technical Advisory Committee 2000) or updated, current guidance, shall be followed for surveys for Swainson’s hawk. If no nests are found, a report documenting the results of the survey shall be submitted to the City of Newman Community Development Department and no further mitigation will be required.
Section D Evaluation of Environmental Impacts 40 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 c. Impacts on nesting Swainson’s hawks and other raptors shall be avoided by establishing appropriate buffers around active nest sites identified during preconstruction raptor surveys. No project activity shall commence within the buffer areas until a qualified biologist has determined, in coordination with California Department of Fish and Wildlife, the young have fledged, the nest is no longer active, or reducing the buffer would not result in nest abandonment. California Department of Fish and Wildlife guidelines recommend implementation of 0.25- or 0.5-mile-wide buffers for Swainson’s hawk nests, but the size of the buffer may be decreased if a qualified biologist, in consultation with California Department of Fish and Wildlife, determine that such an adjustment would not be likely to adversely affect the nest.
The appropriate no-disturbance buffer for other raptor nests (i.e., species other than Swainson’s hawk) shall be determined by a qualified biologist based on site-specific conditions, the species of nesting bird, nature of the project activity, visibility of the disturbance from the nest site, and other relevant circumstances.
Monitoring of all active raptor nests by a qualified biologist during construction activities will be required if the activity has potential to adversely affect the nest. If construction activities cause the nesting bird to vocalize, make defensive flights at intruders, get up from a brooding position, or fly off the nest, then the no-disturbance buffer shall be increased until the agitated behavior ceases. The exclusionary buffer will remain in place until the chicks have fledged or as otherwise determined appropriate by a qualified biologist.
BIO-6 If there is an active nest within ten miles of the project site, the following measures shall be implemented to mitigate for the loss of Swainson’s hawk foraging habitat:
a. Prior to ground-disturbing activities, suitable Swainson’s hawk foraging habitat shall be preserved to ensure replacement of foraging habitat lost as a result of the project, as determined by a qualified biologist, in consultation with California Department of Fish and Wildlife.
b. The habitat value shall be based on Swainson’s hawk nesting distribution and an assessment of habitat quality, availability, and use within Stanislaus County. The mitigation ratio shall be consistent with the guidelines included in the Staff Report Regarding Mitigation for Impacts to Swainson’s Hawks (Buteo swainsoni) in the Central Valley of California (CDFG 1994). These guidelines specify that the mitigation ratio shall be 1:1 if there is an active nest within one mile of the project site, 0.75:1 if there is an active nest within five miles but greater than one mile away, and 0.5:1 if there is an active nest within 10 Section D Evaluation of Environmental Impacts 41 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 miles but greater than five miles away. If there is an active nest within one mile of the project site, the mitigation ratio can be reduced to 0.5:1 if all of the mitigation land can be actively managed for prey production. Such mitigation shall be accomplished through either the transfer of fee title or perpetual conservation easement. The mitigation land shall be located within the known foraging area within Stanislaus County.
c. There are two active (within the past five years) Swainson’s hawk nests within five miles of the project site (CNDDB Occurrences Nos. 2449 and 2451). To mitigate for the loss of foraging habitat for these nests, replacement foraging habitat shall be preserved at a mitigation ratio of 0.75:1 in consultation with California Department of Fish and Wildlife. Such mitigation shall be accomplished through either the transfer of fee title or perpetual conservation easement. The mitigation land shall be located within the known foraging area within Stanislaus County.
If required, pre-construction Swainson’s hawk surveys may be required to identify additional nests within ten miles of the project site. If additional nests are observed, foraging habitat shall be preserved following the mitigation ratios outlined above.
Implementation of these mitigation measures would reduce the potential significant impact to Swainson’s hawk to a less-than-significant level by requiring foraging habitat mitigation and pre-construction surveys for Swainson’s hawk nests on or near the project site.
Bats. Trees in the project area and/or buildings or structures on or adjacent to housing sites could provide roosting habitat for special-status bat species known to occur in the vicinity of the project site: hoary bat, pallid bat, and western red bat. These bat species inhabit a wide variety of habitats including grasslands, woodlands, and forests. All three species roost in dense foliage of medium to large trees. Construction activities at a project site could result in the disturbance of roost and natal sites occupied by special-status bats on or adjacent to the project site, if present.
Loss or harm to special-status bats is considered a significant, adverse impact.
Implementation of Mitigation Measure BIO-2, presented earlier, which requires a training session on special-status species potentially present on a housing construction site for all personnel and BIO-7, below, would reduce potential, significant impacts to special-status bats to a less-than-significant level.
Mitigation Measure
BIO-7 All housing project developers shall implement the following measures to avoid loss of or harm to special-status bat species on any housing site:
a. Approximately 14 days prior to tree removal or construction activities, a qualified biologist shall conduct a habitat assessment for bats and potential roosting sites in trees to be removed and in trees or building exteriors within Section D Evaluation of Environmental Impacts 42 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 50 feet of any project construction. These surveys shall include a visual inspection of potential roosting features (bats need not be present) and a search for presence of guano within the project site, construction access routes, and 50 feet around these areas. Cavities, crevices, exfoliating bark, and bark fissures that could provide suitable potential nest or roost habitat for bats shall be surveyed. Assumptions can be made on what species is present due to observed visual characteristics along with habitat use, or the bats can be identified to the species level with the use of a bat echolocation detector such as an “Anabat” unit. Potential roosting features found during the survey shall be flagged or marked.
b. If no roosting sites or bats are found, a letter report confirming absence shall be prepared and submitted to the City of Newman Community Development Department and no further mitigation is required.
c. If bats or roosting sites are found, bats shall not be disturbed without specific notice to and consultation with California Department of Fish and Wildlife. d. If bats are found roosting outside of the nursery season (May 1 through October 1), California Department of Fish and Wildlife shall be consulted prior to any eviction or other action. If avoidance or postponement is not feasible, a Bat Eviction Plan will be submitted to California Department of Fish and Wildlife for written approval prior to project implementation. A request to evict bats from a roost includes details for excluding bats from the roost site and monitoring to ensure that all bats have exited the roost prior to the start of activity and are unable to re-enter the roost until activity is completed. Any bat eviction shall be timed to avoid lactation and youngrearing. If bats are found roosting during the nursery season, they shall be monitored to determine if the roost site is a maternal roost. This could occur by either visual inspection of the roost bat pups, if possible, or by monitoring the roost after the adults leave for the night to listen for bat pups. Because bat pups cannot leave the roost until they are mature enough, eviction of a maternal roost cannot occur during the nursery season. Therefore, if a maternal roost is present, a 50-foot buffer zone (or different size if determined in consultation with the California Department of Fish and Wildlife) shall be established around the roosting site within which no construction activities including tree removal or structure disturbance shall occur until after the nursery season.
Implementation of this mitigation measure would reduce the potential significant impact to special-status bat species to a less-than-significant level by requiring pre-construction surveys for bats and potential roosting sites and, if found, avoiding any disturbance.
Nesting Birds. Protected nesting bird species, such as loggerhead shrike, and raptor species, such as white-tailed kite, have the potential to nest in buildings or structures, on open ground, or in any type of vegetation, including trees, during the nesting bird season Section D Evaluation of Environmental Impacts 43 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 (January 15 through September 15). The project site and surrounding areas contain a variety of trees, shrubs, and open grassland areas suitable for nesting. Construction activities, including ground disturbance, can impact nesting birds protected under the federal Migratory Bird Treaty Act and California Fish and Game Code, should nesting birds be present during construction. If protected bird species are nesting adjacent to the project site during the bird nesting season, then noise-generating construction activities could result in the loss of fertile eggs, nestlings, or otherwise lead to the abandonment of nests. Implementation of Mitigation Measure BIO-2, presented earlier, which requires a training session on special-status species potentially present on a housing construction site for all personnel and the following mitigation measure would reduce the potential impact to nesting birds, including loggerhead shrike, to a less-than-significant level.
Mitigation Measure
BIO-8 To avoid impacts to raptors and other nesting birds during the nesting season (January 15 through September 15), all construction activities on any housing site should be conducted between September 16 and January 14, which is outside of the bird nesting season. If construction or project-related work is scheduled to begin during the nesting season (February 15 to August 30 for small bird species such as passerines; January 15 to September 15 for owls; and February 15 to September 15 for other raptors), a qualified biologist shall conduct nesting bird surveys.
a. Two surveys for active bird nests will occur within 14 days prior to start of construction, with the final survey conducted within 48 hours prior to construction. Appropriate minimum survey radii surrounding each work area are typically 250 feet for passerines, 500 feet for smaller raptors, and 1,000 feet for larger raptors. Surveys will be conducted at the appropriate times of day to observe nesting activities. Locations off the site to which access is not available may be surveyed from within the site or from public areas. If no nesting birds are found, a letter report confirming absence will be prepared and submitted to the City of Newman Community Development Department and no further mitigation is required.
b. If the qualified biologist documents active nests within the project site or in nearby surrounding areas, an appropriate buffer between each nest and active construction shall be established. The buffer shall be clearly marked and maintained until the young have fledged and are foraging independently.
Prior to construction, the qualified biologist shall conduct baseline monitoring of each nest to characterize “normal” bird behavior and establish a buffer distance, which allows the birds to exhibit normal behavior. The qualified biologist shall monitor the nesting birds daily during construction activities and increase the buffer if birds show signs of unusual or distressed behavior (e.g., defensive flights and vocalizations, standing up from a brooding position, and/or flying away from the nest). If buffer establishment is not possible, the qualified biologist or construction foreman shall have the Section D Evaluation of Environmental Impacts 44 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 authority to cease all construction work in the area until the young have fledged and the nest is no longer active. Once the absence of nesting birds has been confirmed, a letter report will be prepared and submitted to the City of Newman Community Development Department.
Implementation of this mitigation measure would reduce the potential significant impact to nesting birds to a less-than-significant level by requiring pre-construction surveys for active bird nests and the implementation of avoidance, minimization, and mitigation measures should they be found on the project site.
b. Riparian Habitat or Sensitive Natural Communities. A review of the NWI online database was conducted to identify potential riparian habitat or sensitive natural communities on or adjacent to housing opportunity sites (USFWS 2023b). Results showed that no riparian habitat or sensitive natural communities are located on or adjacent to housing opportunity sites. Therefore, development of a housing site would not have a substantial adverse effect on any riparian habitat or other sensitive natural communities.
c. State or Federally Protected Wetlands. A review of the NWI online database was conducted to identify potential jurisdictional wetland features on or adjacent to housing opportunity sites (USFWS 2023b). Results showed that no state or federally protected wetlands are mapped or previously identified on or adjacent to housing opportunity sites.
Agricultural drainage channels and irrigation canals could potentially occur on the City’s peripheral housing sites. Drainage channels are defined by their ordinary high-water marks on channel banks and their connection to other waterways or aquatic features.
Drainage channels may also feed into the City’s stormwater system which may have connectivity to tributaries or natural streams. Therefore, development of a housing site could potentially have a substantial adverse effect on state or federally protected wetlands.
Drainage channels may be subject to USACE jurisdiction under the Clean Water Act, as well as by the Central Valley Regional Water Quality Control Board or California Department of Fish and Wildlife.
Project development of a housing site on the City’s periphery could result in the loss of jurisdictional wetlands and waters. Loss of wetlands is considered a significant adverse impact. Implementation of the following mitigation measure would reduce the potential impact to wetlands and other waters of the U.S. to a less-than-significant level.
Mitigation Measure
BIO-9 Prior to initiation of ground disturbance or construction on the City’s peripheral housing sites (e.g. Sites 1, 8, 9, 10, and 17), housing project developers shall retain a qualified biologist to determine the extent of potential wetlands and waterways regulated by the United States Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and California Department of Fish and Wildlife (CDFW).
Section D Evaluation of Environmental Impacts 45 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 If the USACE claims jurisdiction, the applicant shall obtain a Clean Water Act Section 404 Nationwide Permit. If the impacts to the drainage features do not qualify for a Nationwide Permit, the applicant will proceed in obtaining an Individual Permit from the USACE. The applicant will then coordinate with the RWQCB to obtain a Clean Water Act Section 401 Water Quality Certification. If necessary, the applicant will coordinate with the CDFW to obtain a Streambed Alteration Agreement.
To compensate for temporary and/or permanent impacts to Waters of the U.S. that would be impacted as a result of the proposed project, mitigation shall be provided as required by the regulatory permits. Mitigation would be provided through one of the following mechanisms:
a. A Wetland Mitigation and Monitoring Plan shall be developed that outlines mitigation and monitoring obligations for temporary impacts to wetlands and other waters as a result of construction activities. The Wetland Mitigation and Monitoring Plan would include thresholds of success, monitoring and reporting requirements, and site-specific plans to compensate for wetland losses resulting from the project. The Wetland Mitigation and Monitoring Plan shall be submitted to the appropriate regulatory agencies for review and approval during the permit application process.
b. To compensate for permanent impacts, the purchase and/or dedication of land to provide suitable wetland restoration or creation shall ensure a no net loss of wetland values or functions. If restoration is available and feasible, a minimum 1:1 impact to mitigation ratio would apply to projects for which mitigation is provided in advance.
For improvements on the project site, the applicant shall comply with terms and conditions of the permits, including measures to protect and maintain water quality, restore work sites, and mitigation to offset temporary and/or permanent wetland impacts. applicant shall be responsible for implementation of this mitigation measure prior to issuance of a grading permit.
Implementation of this mitigation measure shall ensure that impacts to potentially jurisdictional wetlands and waterways within the project site boundary are mitigated to a less-than-significant level by requiring a wetland assessment/jurisdictional determination and associated permitting.
d. Wildlife Movement. The California Essential Habitat Connectivity Project provides a statewide wildlife habitat connectivity map using the California Department of Fish and Wildlife’s Biogeographic Information and Observation System (CDFW 2023d). This system was queried to determine the presence or absence of wildlife corridors on or adjacent to housing opportunity sites.
Section D Evaluation of Environmental Impacts 46 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 Results showed that there are no Essential Habitat Connectivity Areas or wildlife corridors located on or adjacent to the housing opportunity sites. Therefore, development of a housing site would not interfere substantially with the movement of wildlife. e. Local Biological Resource Policies/Ordinances.
City of Newman 2030 General Plan
The general plan is a comprehensive statement of the planning goals and policies for the City. The general plan has goals in place for conserving local biological resources. The Natural Resources Element provides direction regarding the conservation, development, and use of natural resources in and around Newman, including agricultural land, water quality, vegetation and wildlife, and air quality.
City of Newman Code of Ordinances
Trees. Chapter 11.04 of the Code of Ordinances, Street Tree Regulations, contains ordinances that apply to all trees planted or growing within the public rights-of-way, public access easements, streets, parking strips, alleys, roads and ways within the City of Newman.
No person shall plant or remove any street tree without first obtaining a permit from the City Clerk. All work done pursuant to a permit shall be done under the supervision of the Director of Public Works. Whenever any street tree is removed or needs replacing, it must be replaced with a tree approved for that specific street tree area.
No development is proposed at this time and no trees are currently proposed for removal. Future development of a proposed housing site may result in street tree removal or impacts to street trees adjacent to a construction area.
Development of a housing opportunity site would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance.
f. Conservation Plans. There are no critical habitat boundaries, habitat conservation plans, natural community conservation plans, or other approved local, regional, or state habitat conservation plans applicable to the proposed housing site locations and no conflict with any conservation plan is anticipated (USFWS 2023c).
Section D Evaluation of Environmental Impacts 47 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024
5. CULTURAL RESOURCES
Would the project:
Comments:
a/b. Historic Structures. In 1985, the City of Newman published a report entitled, “City of Newman, Historic Resources Survey Final Report.” This report details approximately 200 properties that are historical and/or have unique architectural elements. The Downtown Mixed-Use Area contains many of these buildings and any renovations would need to be cross-checked with this list. In March of 2019, the Caltrans Structure and Maintenance Investigations Historical Significance - Local Agency Bridges of District 10 List shows that of the 342 bridges listed, one is located in the vicinity of Newman: the Orestimba Bridge. This bridge is located approximately ¾ of a mile west of the City and would not be impacted by development of the housing opportunity sites.
Historic and Unique Archaeological Resources. As of November 21, 2023, no archaeological resources within ¼ mile of Newman have been reported to the Central California Information Center. This includes prehistoric and historic archaeological sites.
However, there could be disturbance or destruction of unknown cultural or historic resources resulting from the development of the housing opportunity sites. Although there is no evidence of archaeological resources at these locations, there is the potential during project-related excavation and construction for the discovery of unknown archaeological resources. This could be considered a significant impact. Implementation of the following mitigation measures would reduce this potential, significant impact to a less than significant level.
Mitigation Measure
CR-1 If any prehistoric or historic subsurface archaeological resources, including tribal cultural resources, are discovered during ground-disturbing activities:
a. All work within 50 feet of the resources shall be halted and a qualified archaeologist shall be consulted to assess the significance of the find according to CEQA Guidelines Section 15064.5.
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Cause a substantial adverse change in the significance of a historical resource pursuant to section 15064.5? ☐ ☒ ☐ ☐ b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to section
15064.5?
☐ ☒ ☐ ☐
c. Disturb any human remains, including those interred
outside of dedicated cemeteries? ☐ ☒ ☐ ☐
Section D Evaluation of Environmental Impacts 48 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 b. If any find is determined to be significant, representatives from the City of Newman Community Development Department and the archaeologist shall meet to determine the appropriate avoidance measures or other appropriate mitigation.
c. All significant prehistoric cultural materials and or tribal cultural resources recovered shall be, returned to Native American tribes traditionally and culturally affiliated with the area.
d. In considering any suggested mitigation proposed by the consulting archaeologist to mitigate impacts to historical resources or unique archaeological resources, the City shall determine whether avoidance is necessary and feasible in light of factors such as the nature of the find, proposed project design, costs, and other considerations. e. If avoidance is infeasible, other appropriate measures (e.g., data recovery) would be implemented.
f. Work may proceed on other parts of the project site while mitigation for historical resources or unique archaeological resources is being carried out. c. Although there are no formal cemeteries or Native American burial grounds known to exist at any of the housing opportunity sites, there is a potential that construction activities could accidentally uncover human remains. Disturbance of Native American skeletal remains during construction activities would be a significant, adverse environmental impact. However, implementation of the following mitigation measure would ensure potential impacts are less than significant.
Mitigation Measure
CR-2 California Health and Safety Code Section 7050.5 and the CEQA Guidelines Section 15064.5(e) contain the mandated procedures of conduct following the discovery of human remains. According to the provisions in CEQA, if human remains are encountered at the site, all work in the immediate vicinity of the discovery shall cease and necessary steps to ensure the integrity of the immediate area shall be taken. The Stanislaus County Coroner shall be notified immediately.
The Coroner shall then determine whether the remains are Native American. If the Coroner determines the remains are Native American, the Coroner shall notify the Native American Heritage Commission within 24 hours, who would, in turn, notify the person the Native American Heritage Commission identifies as the Most Likely Descendant of any human remains. Further actions shall be determined, in part, by the desires of the Most Likely Descendant. The Most Likely Descendant has 48 hours to make recommendations regarding the disposition of the remains following notification from the Native American Heritage Commission of the discovery. If the Most Likely Descendant does not make recommendations within 48 hours, the owner shall, with appropriate Section D Evaluation of Environmental Impacts 49 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 dignity, reinter the remains in an area of the property secure from further disturbance. Alternatively, if the owner does not accept the Most Likely Descendant’s recommendations, the owner or the descendent may request mediation by the Native American Heritage Commission.
Section D Evaluation of Environmental Impacts 50 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024
6. Energy
Would the project:
Comments:
a. Energy impacts are assessed based on the proposed project energy demand profile and on its relationship to the state’s energy efficiency regulations, which are summarized below. The California Emissions Estimator Model (CalEEMod) was used to generate approximate values for projected operational electric and natural gas demand, as well as estimated vehicle miles traveled associated with the proposed development identified in the Housing Element Update. Although the specific details of future individual residential projects are currently unknown, the projected energy use estimated in CalEEMod can be used to assess the significance of a proposed developments wasteful, inefficient, or unnecessary consumption of energy resources.
Projected Energy Use. Buildout under the Housing Element Update guidance will increase demand for electricity, natural gas, and transportation fuel. A summary of projected energy demand is provided below.
Regarding electricity demand, according to the California Energy Commission Electricity Consumption by County database, in 2022, total electricity consumption in Stanislaus County was 5,245,207,692 kilowatt-hours (kWh). Section 5.11, Operational Energy Consumption – Electricity, in the project CalEEMod results included in Appendix E show the total projected electricity demand would be approximately 12,530,227 kWh per year. The projected electricity demand would be approximately 0.2 percent of countywide demand in 2022.
Regarding natural gas, the California Energy Commission Gas Consumption by County database shows that in 2022, total natural gas consumption in Stanislaus County was 203,198,712 therms. Section 5.11, Operational Energy Consumption – Natural Gas, in the project CalEEMod results included in Appendix E show that projected natural gas demand would be about 42,030,591 kBTU per year or approximately 420,406 therms per year. This is roughly 0.2 percent of countywide demand in 2022. As described in Section 8, Greenhouse Gas Emissions, a mitigation measure has been included that Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Result in a potentially significant environmental
impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?
☐ ☐ ☒ ☐
b. Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency? ☐ ☐ ☐ ☒
Section D Evaluation of Environmental Impacts 51 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 would prohibit providing natural gas infrastructure in new residential development – all new residential development would be all electric. Consequently, the natural gas demand reported here would be eliminated.
The proposed project would generate new traffic trips that would increase vehicle miles traveled. With increased vehicle miles comes an increase in transportation fuel consumption. Table 5.9, Operational Mobile Sources, in the CalEEMod results, included in Appendix E, show the projected annual vehicle miles traveled at 62,793,035. The Emissions Factor Model was used to calculate fuel demand based on the vehicle miles traveled. The model uses vehicle miles traveled as an input, with one of the outputs being transportation fuel demand projections. The results, included in Appendix F, show that annual fuel demand would be about 2,500,602 gallons (gasoline and diesel).
The analysis in Section 17, Transportation, concludes that the proposed project would have a less-than-significant impact from generating vehicle miles traveled. Approximately 40 percent of the planned units would be affordable. This compares to about 18 percent of the existing City housing capacity being categorized as affordable. Affordable housing units generate less vehicle miles traveled than market rate residential units. Consequently, the proposed project would reduce existing baseline vehicle miles/capita in the City. This suggests that transportation fuel demand/dwelling unit from the proposed housing units would be lower than for existing residential development and would be lower than expected for a project whose vehicle miles traveled impact is significant.
Regulatory Requirements. A multitude of State regulations and legislative acts are aimed at improving vehicle fuel efficiency, energy efficiency, and enhancing energy conservation. For example, the Pavley I standards focus on transportation fuel efficiency.
The gradual increased use of electric cars powered with cleaner electricity will reduce consumption of fossil fuel. Vehicle miles traveled are expected to decline with the continuing implementation of Senate Bill 743, resulting in less vehicle travel and less fuel consumption. In the renewable energy use sector, representative legislation for the use of renewable energy includes, but is not limited to, Senate Bill 100 (which requires renewables to supply 50 percent of state electricity by 2026 and 60 percent by 2030) and Senate Bill 1020 (which requires renewable and zero carbon resources to supply 90 percent of electricity sales by 2035 and 95 percent by 2040). In the building energy use sector, representative legislation and standards for reducing natural gas and electricity consumption include, but are not limited to Assembly Bill 2021, CALGreen, and the California Building Energy Standards Code.
The California Building Standards Code is enforceable at the project level. The California Energy Code (California Code of Regulations, Title 24, Part 6), which is incorporated into the California Building Standards Code, was first established in 1978 in response to a legislative mandate to reduce California's energy consumption. The California Energy Code is updated every three years by the California Energy Commission as the Building Energy Efficiency Standards to allow consideration and possible incorporation of new energy efficiency technologies and construction methods into new construction, Section D Evaluation of Environmental Impacts 52 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 renovations, and existing buildings. Energy standards have supported California’s longterm strategy to meet energy demand, and conserve resources. The Energy Code governs window and door materials, lighting, electrical panels, insulation, faucets and additional building features. The requirements vary between home and business buildings, as well as among climate zones in which they are implemented. The current 2022 Energy Code updates the prior 2019 code by requiring actions/features that continue to support California’s gradual transition away from use of fossil fuels, as well as to improve environmental quality.
The Green Building Standards Code (CALGreen), which requires all new buildings in the state to be more energy efficient and environmentally responsible, was updated in July 2022 and became effective on January 1, 2023. These comprehensive regulations are intended to achieve major reductions in interior and exterior building energy consumption.
A project could be considered to result in significant energy impacts if its energy use is wasteful, inefficient, or unnecessary, and/or if its energy demand is extraordinary relative to common land use types, its gross energy demand is excessive relative to total demand in Stanislaus County, and/or it fails to comply with energy efficiency/conservation regulations that are within the applicant’s control. The residential development proposed in the Housing Element Updateis a common land use type which is planned to help meet critical housing demand. Energy would not be excessive relative to total countywide demand or relative to other land use projects and would not inherently be a source of wasteful energy use. Future project applicants would be required to comply with Title 24 of the current California Building Code with respect to energy efficiency. In compliance with these regulatory standards, energy consumption resulting from the additional residential units would not be inefficient, wasteful, or unnecessary. Therefore, the resulting impact would be less than significant.
b. There are no local or State renewable energy plans that apply to the proposed project.
However, the California Building Standards Code requires that residential projects be built to meet the Building Energy Efficiency Standards that are in effect at the time building permits for individual homes are issued. These standards require that each home include a solar photovoltaic system to ensure that each unit has net zero energy demand.
The Building Energy Efficiency Standards also include requirements for building energy efficiency. The future projects within the identified housing sites would be required to comply with the fundamental State energy use standards for residential development.
Therefore, future residential development consistent with the Housing Element Update would not conflict with or obstruct a State or local plan for energy efficiency.
Section D Evaluation of Environmental Impacts 53 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024
7. GEOLOGY AND SOILS
Would the project:
Comments:
The analysis presented below has been written against the backdrop of CEQA case law addressing the scope of analysis required for potential impacts resulting from existing environmental hazards found at the site or in the vicinity of a site for a proposed project. In California Building Industry Association v. Bay Area Air Quality Management District (2015) 62 Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury, or death involving:
(1) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42?
☐ ☐ ☐ ☒
(2) Strong seismic ground shaking? ☐ ☐ ☐ ☒
(3) Seismic-related ground failure, including
liquefaction?
☐ ☐ ☐ ☒
(4) Landslides? ☐ ☐ ☐ ☒
b. Result in substantial soil erosion or the loss of topsoil? ☐ ☐ ☐ ☒ c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the
project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction, or collapse?
☐ ☐ ☐ ☒
d. Be located on expansive soil, creating substantial
direct or indirect risks to life or property? ☐ ☐ ☐ ☒
e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal
systems where sewers are not available for the disposal of wastewater?
☐ ☐ ☐ ☒
f. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? ☐ ☒ ☐ ☐
Section D Evaluation of Environmental Impacts 54 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 Cal.4th 369, 377, the California Supreme Court held that “agencies subject to CEQA generally are not required to analyze the impact of existing environmental conditions on a project’s future users or residents” (italics added). The court reasoned that “ordinary CEQA analysis is concerned with a project’s impact on the environment, rather than with the environment’s impact on a project and its users or residents” (Id. at p. 378).
The court did not hold, however, that CEQA never requires consideration of the effects of existing environmental conditions on the future occupants or users of a proposed project. But the circumstances in which such conditions may be considered are narrow: “when a proposed project risks exacerbating those environmental hazards or conditions that already exist, an agency must analyze the potential impact of such hazards on future residents or users. In those specific instances, it is the project’s impact on the environment—and not the environment’s impact on the project—that compels an evaluation of how future residents or users could be affected by exacerbated conditions” (Id. at pp. 377-378, italics added). a. Known Earthquake Fault. The housing opportunity sites are not located within an earthquake fault zone designated by the Chief of the California Geological Survey pursuant to the Alquist-Priolo Act (California Department of Conservation 2021). The nearest fault to the City of Newman is the San Joaquin Fault located approximately two miles west of the western city limits. Therefore, the proposed project would not exacerbate the potential substantial adverse effects involving rupture of a known earthquake fault.
Seismic Ground-Shaking. Faults in the region are capable of generating significant earthquakes producing ground shaking in the City of Newman. According to the general plan EIR, ground-shaking seismic hazards in the City of Newman are lower than most of California (City of Newman 2006, p. 4.6-7). Further, the general plan policies HS-1.3 and HS-1.4 require new construction to conform to the California Building Code, which includes seismic design and construction requirements. Therefore, with compliance of policies HS-1.3 and HS-1.4, the proposed project would not exacerbate the potential substantial adverse effects involving seismic ground-shaking.
Liquefaction. According to the California Department of Conservation’s “EQ Zapp,” the City of Newman and surrounding areas have not yet been mapped to identify the potential for soil liquefaction (California Department of Conservation 2021). However, the general plan EIR concludes that areas in and around Newman most susceptible to liquefaction include areas along the San Joaquin River and where there are high groundwater levels (City of Newman 2006, p. 4.6-7). The housing opportunity sites are not located along the San Joaquin River nor do high groundwater levels exist; therefore, the risk of the project exposing people or structures to liquefaction hazards is low and would not exacerbate the potential for liquefaction.
Landslides. The housing opportunity sites are relatively flat and not adjacent to any slopes that could result in a landslide event. Therefore, the proposed project would not exacerbate potential adverse effects involving landslides.
Section D Evaluation of Environmental Impacts 55 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 b. Soil Erosion. The project area contains multiple different soil types, as shown on Figure
4.6-3 of the general plan EIR. While some of the soil types present within Newman are expansive soils, due to the relatively flat topography, there is little potential for erosion.
Policy HS-1.1 of the general plan requires preparation of soils reports for all new development and Policy NR-2.4 requires developers to prepare and implement a soil erosion and sediment control plan prior to approval of new development. These policies adequately mitigate and reduce the potential for sediment run-off, and as a result, project development of the housing opportunity sites would not result in substantial soil erosion or the loss of topsoil.
c. Unstable Geologic Unit or Soil. Based on the general plan, general plan EIR and the Groundwater Sustainability Plan for the San Joaquin River Exchange Contractors GSP Group in the Delta-Mendota Subbasin (San Joaquin River Exchange Contractors GSP Group 2019, Appendix Q), there is no indication that unstable geologic units are located in the City of Newman. Therefore, the housing opportunity sites are not located on a geologic unit or soil that is unstable, or that would become unstable as a result of development, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse.
d. Expansive Soil. According to the general plan EIR, there are multiple soil types present within the project area (City of Newman 2006, Figure 4.6-3). These soils include, but are not limited to, Vernalis Loam, Pedcat, El Solyo, and Vernalis-Zacharias Complex.
Generally, these soils range in expansion potential from low/moderate to moderate/high.
Development of the housing opportunity sites would be required to comply with general plan policies HS-1.3 and HS-1.4, which require new construction to conform to the California Building Code inclusive of seismic design and construction requirements. Final design of the developments would require review and approval by the City of Newman Building Department to confirm conformance with the California Building Code standards. Therefore, the proposed project would not create a direct or indirect risk to life or property associated with expansive soils.
e. All future housing development would connect to the City’s municipal wastewater treatment system.
f. Unique Geologic Features. The housing opportunity sites are relatively flat with no unique geologic features present (Google Earth 2023).
Paleontological Resources. According to the general plan EIR (2006), the closest paleontological resources (i.e., fossils) to the City of Newman are located around the City of Gustine and City of Patterson, both of which are approximately four miles south and twelve miles north of the City of Newman, respectively. However, the 2016 Stanislaus County General Plan EIR (Figure 3.6-5 General Paleontological Sensitivity Map of Stanislaus County) identifies the City of Newman in a high paleontological sensitivity zone. Therefore, it is possible that paleontological resources could be accidentally discovered during excavations or other related construction activities associated with development of the housing opportunity sites. Directly or indirectly destroying a unique Section D Evaluation of Environmental Impacts 56 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 paleontological site is considered a significant, adverse environmental impact.
Implementation of the following mitigation measure would ensure this potential impact would be less than significant.
Mitigation Measure
GEO-1 The following language shall be included in all demolition and grading permits associated with development of the housing opportunity sites: “If paleontological resources are discovered during demolition and earthmoving activities, work shall stop within 100 feet of the find until a qualified paleontologist can assess if the find is unique and, if necessary, develop appropriate treatment measures in consultation with the City Community Development Department.”
Section D Evaluation of Environmental Impacts 57 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024
8. GREENHOUSE GAS EMISSIONS
Would the project:
Comments:
a. The proposed project will generate greenhouse gas (GHG) emissions primarily from transportation, energy, water and wastewater, and solid waste disposal sources. These emissions will contribute to the cumulative accumulation of GHG’s in the atmosphere.
The GHG emissions that are already in the atmosphere will continue to cause climate change for years, just as the warming being experienced now is the result of emissions produced in the past.
Increased atmospheric concentrations of GHGs result in increased air, surface, and ocean temperatures. Effects of climate change include, but are not limited to: reduced snowpack, more frequent and extreme storm events, sea level rise, reduced water supply availability, diminished air quality, increased wildfire hazards, increased public health concerns, and ecosystem changes. These effects are global and cumulative. That is, the contribution of any single land use development project to any one or more of these effects cannot be isolated.
Federal, State, and local governments have adopted statutes, regulations, and plans to reduce GHG emissions from land use projects like housing projects. California has been at the forefront of addressing climate change and employs a suite of statutes, regulations and guidance to implement the statutes, and executive orders for this purpose. The statutes can be categorized into four broad categories: (i) statutes setting numerical statewide targets for GHG reductions, and authorizing California Air Resources Board to enact regulations to achieve such targets; (ii) statutes setting separate targets for increasing the use of renewable energy for the generation of electricity throughout the state; (iii) statutes addressing the carbon intensity of vehicle fuels, which prompted the adoption of regulations by California Air Resources Board; and (iv) statutes intended to facilitate land use planning consistent with statewide climate objectives.
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the
environment?
☐ ☒ ☐ ☐
b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of
greenhouse gases?
☐ ☐ ☐ ☒
Section D Evaluation of Environmental Impacts 58 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 The City of Newman has not adopted a plan for reducing GHGs, nor has the City adopted a threshold of significance for GHGs. Lacking their own adopted guidance, local agencies commonly refer to guidance from regional air districts for assessing the impacts of GHGs. Newman is located within the boundary of the San Joaquin Valley Air Pollution Control District. The San Joaquin Valley Air Pollution Control District developed GHG analysis guidance in 2008. Given the evolution of climate change science, regulatory environment, and case law that has occurred since then, that guidance is no longer applicable. Such local and regional GHG reduction plans are commonly adopted to guide local agencies in reducing their fair share of GHG emissions to help meet state wide GHG reduction targets.
Given the absence of a local or regional threshold of significance or plan for reducing GHGs, the City of Newman is referencing guidance provided by an adjacent air district, the Sacramento Metropolitan Air Quality Management District (SMAQMD), for determining the significance of GHG impacts of the proposed project. The SMQAMD guidance is found in Chapter 6, Greenhouse Gas Emissions, its Guide to Air Quality Assessment in Sacramento County (Sacramento Metropolitan Air Quality Management District 2021). The “assessment guide” was originally adopted in 2009, but was most recently updated in 2021. Thus, it reflects the practice and the cumulative efforts of the State and the SMAQMD to manage GHG emissions from land use projects.
For addressing GHG impacts in CEQA documents, the assessment guide relies on the SMAQMD’s CEQA Thresholds for Evaluating the Significance of Climate Impacts from Land Use Projects and Plan (Sacramento Metropolitan Air Quality Management District 2020). The “thresholds guidance” document includes substantial evidence used to identify quantified construction and operational thresholds of significance and to identify best management practices (BMPs) for new land development projects, which if incorporated into a proposed project, would render its operational GHG impact less than significant, and its contribution to cumulative impacts less than cumulatively considerable. The thresholds are designed to reduce emissions from individual land use projects. The thresholds guidance is based largely on SMAQMD’s analysis of GHG emissions trends and on State level GHG reduction targets and strategies embedded in State statutes and executive orders. The document identifies a key role for local governments by recommending that they establish GHG reduction goals for both their municipal operations and the community consistent with those of the State, particularly the state’s 2030 goal of reducing 1990 GHG emissions by 40 percent before 2030, and the more aggressive goal embodied in Executive Order B-55-18 (and subsequently codified in AB 1279), which identifies the state goal of net zero GHG emissions by 2045. The proposed project would be operational well before 2045. Therefore, the SMAQMD’s guidance for reducing emissions to meet the state 2045 target is particularly relevant.
Construction GHG Emissions. The SMAQMD threshold of significance for construction emissions is 1,100 metric tons of GHG equivalent (MT CO2e) per year.
Construction emissions for the proposed project were quantified using CalEEMod.
Section 2.2. Construction Emissions by Year, Unmitigated, in the CalEEMod results in Section D Evaluation of Environmental Impacts 59 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 Appendix E, shows that over the construction period, the highest annual construction emissions volume is projected at 423 MT CO2e in 2024. This is substantially below the threshold of significance. Construction GHG impacts would be less than significant.
Operational GHG Emissions. For operational emissions (emissions that would occur annually due to the long-term operation of a project), the significance determination is based on a multi-step process.
To be consistent with GHG emissions targets described in the thresholds guidance document, individual projects must incorporate the following two best management practices (BMPs) independent of their annual operational emissions volume:
1. No natural gas: Projects shall be designed and constructed without natural gas infrastructure; and
2. Electric vehicle (EV) ready: Projects shall meet the current California Green Building Code (CALGreen) Tier 2 standards for single-family, townhome and duplex projects, except all EV spaces shall instead be EV ready.
If either or both of these BMPs cannot be implemented, alternatives may be proposed that demonstrate the same level of GHG reductions that would accrue from implementing each of the BMPs.
The SMAQMD has established a di minimis threshold of significance for operational GHG emissions of 1,100 MT CO2e. As stated in the threshold guidance, if after subtracting the GHG reduction volumes from implementing BMPs 1 and 2 from a project’s annual operations emissions volume, the volume drops below 1,100 MT CO2e, the project can be found to have a less-than-significant impact and no further analysis or other measures are required.
Where the project GHG emissions volume exceeds 1,100 MT CO2e per year after implementing BMPs 1 and 2, a third BMP is required:
3. Residential projects shall achieve a 15 percent reduction in vehicle miles traveled (VMT) per resident.
The City of Newman Housing Element Vehicle Miles Traveled (VMT) Analysis (VRPA Technologies 2024) was prepared to evaluate the VMT impacts associated with buildout under the Housing Element Update. The methodology and conclusions of the analysis are described in detail in Section 17, Transportation, in this initial study. The analysis concludes that the VMT impact is less than significant because the project would include a higher percentage of affordable residential units (40 percent) than does the City’s current housing inventory (18 percent). Affordable units generate fewer trips per day than do market rate units, so with a higher percentage of affordable units, the proposed project would reduce existing average VMT/capita in the City. Any future individual housing project implemented under the Housing Element Update which incorporates more than 18 percent of its units as affordable would; therefore, reduce existing average VMT/capita and have a less than significant VMT impact.
Section D Evaluation of Environmental Impacts 60 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 As stated in the thresholds guidance document, projects that incorporate BMPs 1 and 2 and meet the BMP 3 requirement regarding VMT can be found to have a less than significant GHG impact and a less than cumulatively considerable GHG impact. VMT impacts and mitigation to reduce VMT impacts to less than significant are described in Section 17, Transportation. Implementation of the following mitigation measure would ensure that project design features needed to implement BMPs 1 and 2 are integrated into individual future residential projects on opportunity sites identified in Housing Element Update. The following mitigation, combined in the noted VMT mitigation, would reduce GHG impacts of the Housing Element Update to less than significant.
Mitigation Measure
GHG-1 All future individual projects proposed per the 6th Cycle Housing Element shall:
1) include no natural gas infrastructure (all projects shall be all-electric), and 2) include electric vehicle support improvements consistent with Tier 2 voluntary measures included in the latest adopted version the CALGreen, except that all EV capable spaces shall be instead EV ready. Inclusion of these design elements in each future residential project shall be verified by the City Building Official prior to issuance of a building permit.
b. Given that the City does not have an adopted plan for reducing GHG emissions, the SMAQMD’s guidance for assessing GHG emissions is considered to be the applicable plan for reducing GHG emissions. The SMAQMD’s guidance is based in significant part on assuring that new land use development projects demonstrate consistency with key statewide legislation for reducing GHG emissions, including the state’s 2045 net zero GHG emissions goal embodied in AB 1279. Because buildout of the Housing Element Update is assumed to occur well before 2045 and all individual future projects which implement it are required to meet the three BMPs identified in the SMAQMD thresholds guidance (per mitigation measure GHG-1 above and VMT mitigation included in Section 17, Transportation), the proposed project would have no impact from conflict with the applicable plan for reducing GHG emissions.
Section D Evaluation of Environmental Impacts 61 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024
9. HAZARDS AND HAZARDOUS MATERIALS
Would the project:
Comments:
a. Residential development does not commonly involve the use of acutely hazardous materials of the types that could pose a threat to public health and safety. Therefore, the proposed project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. b. A number of the housing sites are currently used for, or have historically been used for, agricultural uses and have the potential to release pesticides, herbicides, and fertilizers.
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
☐ ☐ ☐ ☒
b. Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
☐ ☒ ☐ ☐
c. Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
☐ ☐ ☒ ☐
d. Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code section 65962.5 and, as a result,
create a significant hazard to the public or the
environment?
☐ ☐ ☐ ☒
e. For a project located within an airport land-use plan or, where such a plan has not been adopted, within
two miles of a public airport or a public-use airport,
result in a safety hazard or excessive noise for people residing or working in the project area?
☐ ☐ ☐ ☒
f. Impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?
☐ ☐ ☒ ☐
g. Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or death involving wildland fires?
☐ ☐ ☐ ☒
Section D Evaluation of Environmental Impacts 62 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 The potential of an accidental release of hazardous materials from the development site soils into the environment would be most likely to occur during the site grading activities and site remediation activities. This potential risk would be considered a significant environmental impact. The general plan includes policy HS-4.4, which requires that a site assessment for hazardous and toxic soil contamination be prepared prior to approving development where it is deemed necessary based on the history of a property’s land use.
Where deemed necessary based on the history of land use, future residential development would be required to implement the following mitigation in order to ensure impacts related to the potential to release of hazardous materials into the environment during project implementation are reduced to a less-than-significant level.
Mitigation Measure
HAZ-1 Developers of the housing opportunity sites are required to prepare a Phase I Environmental Site Assessment and submit for review and approval to the City of Newman’s Community Development Department. The assessment shall include, but is not limited to:
Results of the soil samples;
Discussion of any environmental concerns onsite;
Recommended mitigation measures, as necessary; and
Confirmation of the need for a Phase 2 Environmental Site Assessment.
With implementation of Mitigation Measure HAZ-1, developers of the housing opportunity sites will comply with general plan policy HS-4.4 and result in less than significant impacts related to the potential for accidental hazardous materials into the environment during implementation activities.
c. The housing sites are located within one-quarter of a mile from the following schools:
Hunt Elementary School, Von Renner Elementary School, Yolo Middle School, Orestimba High School, and West Side Valley High School. However, implementation of the proposed project would not result in the development of uses that could emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste. Therefore, the proposed project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school.
d. The following lists were reviewed:
Hazardous Materials Waste and Substances Sites from the Department of Toxic Substances Control EnviroStor Database (Department of Toxic Substances Control 2023);
Leaking Underground Storage Tank Sites from the State Water Board’s GeoTracker Database (State Water Resources Board 2023);
Section D Evaluation of Environmental Impacts 63 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 Solid Waste Disposal Sites Identified by Water Board with Waste Constituents Above Hazardous Waste Levels Outside the Waste Management Unit (California Environmental Protection Agency 2023a);
“Active” Cease and Desist Order and Cleanup and Abatement Orders from Water Board (California Environmental Protection Agency 2023b); and List of hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code, identified by the Department of Toxic Substances Control (California Environmental Protection Agency 2023c).
The housing opportunity sites are not located on or adjacent to any of these lists.
Therefore, the proposed project is not located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would not create a significant hazard to the public or the environment. e. The housing opportunity sites are not located within two miles of a public airport or public use airport; the nearest is the Gustine Airport located over four miles southeast of the City of Newman. Therefore, the project would not expose persons to a safety hazard related to airports.
f. The housing sites are located within and adjacent to the City of Newman on vacant or underutilized parcels. Development or redevelopment of these parcels is not expected to result in changes to the street system or the City’s emergency evacuation plan.
Development of the master plan areas will follow general plan policies set in place to ensure that identified emergency routes are kept free of all traffic impediments resulting from new projects both during and after construction. Such policies include policy HS-5.4, which requires new neighborhoods in the City of Newman to have adequate emergency response times for new development.
All new development will be required to comply with the general plan policies and the City of Newman fire and building departments shall review construction plans for roadway modifications and establish that the proposed road and driveways meet all ordinance and California Building Code requirements for emergency access.
As a result, the project will have a less-than-significant impact on the City’s emergency response and evacuation plan.
g. The housing opportunity sites are not located in a state responsibility area. Within the local responsibility area, none of the sites are located within or near a very high fire hazard severity zone. The proposed project will have no impact on significant loss related to wildland fires.
Section D Evaluation of Environmental Impacts 64 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024
10. HYDROLOGY AND WATER QUALITY
Would the project:
Comments:
a. Construction Water Quality Impacts. The development and redevelopment of the housing opportunity sites would involve soil disturbance associated with site preparation, grading, and in some cases potentially excavation activities. Delivery, handling and storage of construction materials and wastes; equipment refueling; and construction equipment use and maintenance could result in spills of oil, grease, or related pollutants. These activities have the potential to cause water quality degradation if eroded soil or other pollutants are carried by storm water into storm water drainage systems and ultimately into downstream water bodies.
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade
surface or ground water quality?
☐ ☐ ☐ ☒
b. Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge such
that the project may impede sustainable groundwater
management of the basin?
☐ ☐ ☒ ☐
c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the
course of a stream or river or through the addition of
impervious surfaces, in a manner which would:
(1) Result in substantial erosion or siltation on- or offsite; ☐ ☐ ☒ ☐ (2) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding onor off-site; ☐ ☐ ☒ ☐
(3) Create or contribute runoff water that would exceed the capacity of existing or planned storm water
drainage systems or provide substantial additional
sources of polluted runoff; or
☐ ☐ ☒ ☐
(4) Impede or redirect flood flows? ☐ ☐ ☒ ☐
d. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? ☐ ☐ ☒ ☐
e. Conflict with or obstruct implementation of a water
quality control plan or sustainable groundwater
management plan?
☐ ☐ ☐ ☒
Section D Evaluation of Environmental Impacts 65 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 Newman City Code Chapter 11.12.070 includes a number of policies to reduce stormwater pollutants. These include implementation of best management practices to control the volume, rate and potential pollutant load of storm water runoff from new development and redevelopment; landscaping stabilization requirements; and implementation of storm water pollution prevention plans as required under the Clean Water Act.
Implementation of City policies and procedures presented above would ensure that future residential construction would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality.
Operational Water Quality Impacts. Construction of new housing units as identified in the Housing Element Update will result in less permeable surfaces within the City and could contribute to stormwater runoff. According to the general plan, stormwater runoff in the City is collected in underground pipes and the Central California Irrigation District ((CCID) ditches and is piped to a pump station at Inyo Avenue and Canal School Road.
Stormwater within the City is not treated in Newman, but drains into the Wasteway south and east of the City and eventually drains into the San Joaquin River and adjoining wetlands east of the City.
The Newman Wasteway and San Joaquin River are listed as impaired water bodies under section 303(d) of the federal Clean Water Act and stormwater discharge from future residential development would be regulated. The City has adopted stormwater management and discharge control ordinances (Chapter 11.12 of the zoning code) and the general plan includes policies NR-2.2 (stating that new developments shall be designed and constructed using best management practices), NR-2.5 (which requires developers to prepare and implement sediment control and soil erosion plans featuring mitigation of sediment runoff), and NR-2.6 (stating that the City shall comply with the requirements of the National Pollutant Discharge Elimination System). Implementation of these general plan policies would apply to all future development of the housing opportunity sites.
Additionally, if a project creates or replaces more than 2,500 square feet of impervious surfaces, the project would be subject to the requirements of the National Pollutant Discharge Elimination System Phase II Small MS4 General Stormwater Permit. These requirements include the use of low impact design, which address the capture and reuse of runoff from impervious services, methods of stormwater harvesting, and the prevention of hydromodification. The use of low impact design measures would ensure that pollutants in stormwater are treated before being discharged from project sites, and would ensure that peak runoff from the site does not exceed existing volumes.
According to the general plan, once the City reaches a population of 10,000, the City is required to obtain a National Pollutant Discharge Elimination System (NPDES) permit for its stormwater system. The City’s current population is around 12,000 people, which is above the 10,000 threshold and requires NPDES permitting pursuant to the Clean Section D Evaluation of Environmental Impacts 66 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 Water Act and implementation of a city-wide stormwater management. Compliance with these regulations and the general plan policies would reduce impacts to less than significant.
b. The City of Newman relies entirely on groundwater and is located within the DeltaMendota Subbasin. Groundwater storage under the City of Newman is positively impacted through recharge from the San Joaquin River Exchange Contractors Groundwater Sustainability Agency (Newman’s groundwater sustainability agency) whose contribution of recharge helps maintain adequate groundwater storage to offset storage reductions caused by development within the City of Newman (San Joaquin River Exchange Contractors GSP Group 2019).
The City owns and operates a public water system that includes four active groundwater wells that extract groundwater from the Delta-Mendota Subbasin. The City’s water supply is exclusively groundwater, of which supply has successfully met the City’s demand to date and is expected to meet future demand. Build-out of Newman has been evaluated in the general plan EIR and anticipated in the general plan, which accounts for the annexation of the Northwest Newman Master Plan area into the City. According to the City’s 2020 Urban Water Management Plan, the City anticipates having a sufficient water supply to meet the projected annual water demands in both a single-dry year and a fiveconsecutive-year drought scenario through the year 2045. Therefore, impacts would be less than significant.
c. There are no streams or rivers which run directly through the City of Newman; however, the San Joaquin River and surrounding wetlands are approximately four miles east of Newman. Future development would increase the number of impervious surfaces due to residential construction which has the potential to alter the existing drainage pattern within Newman. Potential impacts from the increase in impervious surfaces are discussed below:
Erosion. Development of the housing sites may lead to siltation and/or erosion on- or offsite, though not at substantial levels. The project would comply with general plan policies HS-1.1, HS-1.2, and HS-1.4, which serve to reduce the potential for erosion associated with soil conditions by requiring soils and geotechnical reports for new development and complying with the California Building Code. Compliance with these general plan policies would ensure this impact would remain less than significant.
Flooding and Runoff. As previously discussed in checklist question “a” above, the proposed project could result in changes to surface conditions at one or more of the individual housing site locations from pervious to impervious features. This type of change in surface conditions could increase storm water runoff relative to existing conditions where a portion of storm water currently percolates through exposed soil back to groundwater. Increases in the rate or volume of storm water runoff could contribute to localized flooding if stormwater infrastructure is not designed or sized to accommodate the increased flows. Section 11.12 of the Newman City Code requires best management practices to control the volume, rate and potential pollutant load of storm water runoff Section D Evaluation of Environmental Impacts 67 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 from new development and redevelopment; landscaping stabilization requirements; and implementation of storm water pollution prevention plans as required under the Clean Water Act. Implementation of Section 11.12 of the Newman City Code and NPDES permit requirements would reduce impacts to less than significant.
Flood Flows. Portions of the City, including the Northwest Newman Master Plan area to be annexed into the City, are located within a 100-year flood hazard zone and, therefore, flood flows may be of concern in relation to future residential development of the opportunity sites. However, the general plan EIR concludes that with implementation of general plan policies, development anticipated by the general plan would have a less than significant impact with respect to flooding. Additionally, the Northwest Newman Master Plan EIR contains mitigation measures for development within the master plan area, including requiring future residential development within a mapped flood zone to submit design-level hydro calculations. The EIR concludes that implementation of this mitigation measure would reduce impacts to less than significant. See checklist question “d” below for general plan policies and ordinances applicable to the project. d. The housing sites are not located within a coastal area; therefore, tsunamis are not considered a hazard at the site. The housing sites are also not located within any dam inundation area as identified in the general plan EIR Figure 4.8-2 and the potential risk of seiche is low in the City of Newman (City of Newman 2006, p. 4.18-15).
A number of the housing sites are located within a 100-year flood hazard zone (FEMA 2023). The City has adopted a floodplain management ordinance (Chapter 4.11 of the zoning code) to regulate construction within mapped flood zones. Future development of the opportunity sites would also be subject to general plan policies HS-2.1 and HS-2.5, which require that new residential development be constructed so that the lowest floor is at least 12 inches above the 100-year flood level and ensuring that all regulations adopted by the Federal Emergency Management Agency are complied with.
The proposed project would comply with the general plan policies and ordinances related to flood hazards in residential developments in order to reduce any potential impacts to a less-than-significant level.
e. The Sustainable Groundwater Management Act is a state law requiring groundwater basins to be sustainable. The act enables eligible local agencies to form groundwater sustainability agencies, develop groundwater sustainability plans for designated basins in their jurisdiction by 2020, and achieve groundwater sustainability within 20 years of plan implementation. The San Joaquin River Exchange Contractors is the groundwater sustainability agency for the City of Newman. In December 2019, the Groundwater Sustainability Plan for the San Joaquin River Exchange Contractors GSP Group in the DeltaMendota Subbasin (the Groundwater Sustainability Plan) was adopted.
The Groundwater Sustainability Plan sets forth a number of projects and criteria to assist the City in achieving and maintaining sustainability while planning for growth. The historic consumptive water use in Newman is approximately 1,800 acre-feet per year.
Section D Evaluation of Environmental Impacts 68 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 According to the Groundwater Sustainability Plan, the projected consumptive use for the City is anticipated to increase to 3,200 acre-feet by 2070. To offset overdraft from projected and planned growth, the City will implement: 1) storm water capture, 2) demand reduction through reduced watering, 3) surface water transfer, 4) purchasing groundwater credits, 5) participation in recharge projects 6) reclaimed water for outdoor watering and 7) the City will continue to investigate other types of projects.
All future residential construction as outlined under the Housing Element Update would also implement the general plan policies and ordinance discussed under checklist question “a” in order to reduce adverse impacts to groundwater recharge. As concluded in the discussion under checklist question “b,” the proposed project would not contribute to a substantial depletion of groundwater supplies or interfere substantially with groundwater recharge, and, therefore, would not conflict with the sustainable groundwater management plan.
Section D Evaluation of Environmental Impacts 69 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024
11. LAND USE AND PLANNING
Would the project:
Comments:
a. All of the housing sites identified in the site inventory, besides the sites located in the Northwest Newman Master Plan area, are located within Newman city limits and will be developed with residential uses, similar to the uses found throughout the City. The sites identified within the Northwest Newman Master Plan are located adjacent to Newman city limits, and will be annexed into the City and developed compatible with existing development within the City. The proposed project would not physically divide an established community.
b. The proposed project will require land use designation and zoning changes for a number of sites. The opportunity sites are located within and adjacent to Newman and are within the City of Newman’s Primary Sphere of Influence, which considers higher density and mixed residential development a priority (see general plan Figure LU-3). Therefore, implementation of the Housing Element Update is consistent with the general plan.
As discussed in Section 3, Air Quality, housing projects would be required to comply with applicable general plan policies, the requirements of the air district’s clean air plans, and Mitigation Measure AQ-1. Therefore, the proposed project would not conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating air quality impacts.
As discussed in Section 4, Biological Resources, there are no critical habitat boundaries, habitat conservation plans, natural community conservation plans, or other approved local, regional, or state habitat conservation plans applicable to the proposed project site.
Housing projects would be required to comply with applicable general plan policies and mitigation measures presented in this initial study. Therefore, the proposed project would not conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating biological resources impacts.
As discussed in Section 8, Greenhouse Gas Emissions, the project, as mitigated, would reduce GHG emissions and would not conflict with a GHG emissions reduction plans.
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Physically divide an established community? ☐ ☐ ☐ ☒
b. Cause any significant environmental impact due to a
conflict with any land use plan, policy, or regulation
adopted for the purpose of avoiding or mitigating an
environmental effect?
☐ ☐ ☒ ☐
Section D Evaluation of Environmental Impacts 70 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 As concluded in Section 10, Hydrology and Water Quality, the proposed project would not conflict with the adopted groundwater sustainability plan through its implementation of stormwater control measures and best management practices.
As discussed in Section 13, Noise, compliance with the applicable general plan policies and City Code requirements would ensure less than significant impacts associated with reducing exposures to unacceptable noise due to project construction.
Section 17, Transportation, concludes that compliance with the applicable general plan policies related to the City’s circulation system and any improvements to transportation facilities associated with future projects would be constructed based on industry design standards and best practices consistent with the City’s zoning code, building design, and inspection requirements and, therefore, the project would not conflict with a program, plan, ordinance, or policy addressing the circulation system.
For these reasons, the proposed project would not result in significant physical environmental impacts due to conflicts with land use plans, policies, or regulations adopted for the purpose of avoiding or mitigating an environmental effect.
Section D Evaluation of Environmental Impacts 71 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024
12. MINERAL RESOURCES
Would the project:
Comments:
a/b. According to the general plan EIR, the City of Newman does not have designated important mineral resources recovery areas around Newman (City of Newman 2006, p. 4.6-4). Development in accordance with the general plan would not directly affect any designated Aggregate Resource Areas or areas classified as MRZ-2 for concrete-grade aggregate, since such areas are well outside the City of Newman Sphere of Influence where housing sites have been identified. Therefore, the proposed project would not result in the loss of availability of a known or locally important mineral resources.
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Result in loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
☐ ☐ ☐ ☒
b. Result in the loss of availability of a locally important mineral resource recovery site delineated in a local
general plan, specific plan, or other land-use plan?
☐ ☐ ☐ ☒
Section D Evaluation of Environmental Impacts 72 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024
13. NOISE
Would the project result in:
Comments:
a. Temporary – Construction Noise. Future development at each of the housing sites would result in a temporary increase in ambient noise levels in the vicinity of the project.
However, because there are no specific development plans included as part of the project, it would be speculative to predict noise levels, locations, or time periods for construction of such projects, or construction noise at adjacent properties. Nonetheless, at the time future development is proposed at any of the housing sites, the regulations identified within Chapter 9.13, Noise Regulations, of the Newman City Code, would apply. These regulations prohibit noise which unreasonably disturbs the peace and quiet of any neighborhood. Policy HS-6.9 of the general plan requires that reasonable noise reduction measures shall be utilized to minimize excessive noise levels during all phases of construction. These measures include limiting the hours of construction activities, using noise suppression devices, and avoiding staging equipment within 200 feet of noisesensitive land uses. Implementation of these measures would reduce noise impacts to less than significant.
Permanent – Operational Noise. Exiting sensitive noise receptors could be affected by buildout of operational noise occurring onsite at properties developed or redeveloped under the proposed project. Noise generated by onsite activities for the new residential development would be subject to the City’s noise regulations contained in Chapter 9.13 of the Newman City Code. Additionally, future development would be required to comply with general plan policy HS-6.1, which requires that all new residential commercial, and mixed-use proposals, including condominium conversions, apply the Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Generation of a substantial temporary or permanent
increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or in applicable
standards of other agencies?
☐ ☐ ☒ ☐
b. Generation of excessive ground-borne vibration or
ground borne noise levels? ☐ ☐ ☒ ☐
c. For a project located within the vicinity of a private airstrip or an airport land-use plan or, where such a
plan has not been adopted, within two miles of a
public airport or public-use airport, expose people
residing or working in the project area to excessive
noise levels?
☐ ☐ ☐ ☒
Section D Evaluation of Environmental Impacts 73 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 noise and land use compatibility standards shown in Figure HS-5 of the general plan.
Compliance with these noise thresholds would reduce potential onsite noise impacts to a less-than-significant level.
b. The dominant sources of man‐made vibration are sonic booms, blasting, pile driving, pavement breaking, demolition, diesel locomotives, and rail‐car coupling. None of these activities are anticipated to occur with construction or operation of the proposed Housing Element Update, with the exception of pavement breaking and demolition of on-site structures, as well as possible pile driving. Vibration from construction activities could be detected at the closest sensitive land uses, some of which are located adjacent to housing site locations, especially during movements by heavy equipment or loaded trucks and during some paving activities.
As discussed in checklist question “a” above, construction noises (which includes vibration-related activities) are limited to 7:00 am to 7:00 pm Monday through Friday and 8:00 am to 7:00 pm Saturday, pursuant to general plan policy HS-6.9. In addition, future development at the housing sites would each be required to comply with the general plan policy HS-6.6, which requires an acoustical analysis and inclusion of noise mitigation measures for projects that would substantially increase noise. Acoustical analysis typically evaluate vibration impacts for proposed projects and, therefore, would provide mitigation measures to reduce significant impacts associated with potential vibration activities.
Compliance with the general plan policies HS-6.9 and HS-6.6, as well as implementation of the vibration mitigation impacts in the acoustical analysis, would ensure that the impacts associated with the generation of excessive ground-borne vibration or ground borne noise levels during implementation of housing projects would be less than significant.
c. The housing sites are not located within two miles of a public airport or private airstrip.
The Gustine Municipal Airport is located approximately four miles southeast of the City of Newman. The City is also not located within the vicinity of an airport land use plan.
Therefore, the proposed project would not expose people residing or working in the project area to excessive noise levels.
Section D Evaluation of Environmental Impacts 74 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024
14. POPULATION AND HOUSING
Would the project:
Comments:
a. The proposed project would result in new residential development and an increase in population in Newman; the project anticipates an increase in approximately 6,028 residents. This growth is being planned for as part of this environmental analysis.
Therefore, the environmental impacts associated with this growth is evaluated throughout this initial study.
b. Eight of the housing site locations currently include residential uses (Sites 3, 8, 12, 14, 15b, 16, 19, and 20). Demolition of existing residential uses will result in the loss of eight units. However, as a whole, the Housing Element Update plans for 1,832 new housing units. It is for this reason that implementation of the Housing Element Update would not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere.
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Induce substantial unplanned population growth in an area, either directly (e.g., by proposing new homes and businesses) or indirectly (e.g., through extension of
roads or other infrastructure)?
☐ ☐ ☐ ☒
b. Displace substantial numbers of existing people or
housing, necessitating the construction of replacement
housing elsewhere?
☐ ☐ ☐ ☒
Section D Evaluation of Environmental Impacts 75 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024
15. PUBLIC SERVICES
Would the project result in substantial adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the following public services:
Comments:
a. The Newman Fire Department currently serves the City of Newman for fire protection and emergency medical services. The Newman Fire Department is located at 1162 N Street and receives mutual aid from the West Stanislaus County Fire Protection District.
The Newman Fire Department is a 20- member volunteer force (City of Newman 2022) and has an ISO rating of 04/4Y (Justin Hendrix, email message, April 20, 2022).
According to the Fire Chief, the current facility is at capacity and a new station will be required to meet the planned increase in residents under the 6th Cycle Housing Element (Keith Bowen, email correspondence, November 1, 2023). The construction of a new facility has the potential to cause significant environmental impacts.
The Newman City Code Section 1.15.060 (Municipal Facilities Fund established) plans for future growth and expansion of municipal facilities, including the City Fire Department, by placing all municipal facilities charges in a special fund to be used towards the acquisition or construction of new facilities. Additionally, the general plan recognized there would be a growth-inducing demand for fire and medical response, and includes several policies to address this growth and maintain a level of service of five or better. Policy PFS-9.3 states that the City will continue to maintain mutual aid with the West Stanislaus County Fire Protection District to ensure fire service is maintained and expanded as Newman grows.
The specific environmental impact of expanding or constructing a new fire station cannot be analyzed at this broad level of analysis, since the specifics of the expansion or new construction are not known at this time. At the time of the proposal for the expansion or Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Fire protection? ☐ ☐ ☒ ☐
b. Police protection? ☐ ☐ ☒ ☐
c. Schools? ☐ ☐ ☒ ☐
d. Parks? ☐ ☐ ☒ ☐
e. Other public facilities? ☐ ☐ ☐ ☒
Section D Evaluation of Environmental Impacts 76 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 new construction of the facility, an additional project specific environmental analysis would be required. At this time, Newman City Code Section 1.15.060 and general plan policy PFS-9.3 address the need for future expansion of fire protection facilities and reduce the impact to less than significant.
b. Police services are provided by the Newman Police Department within the city limits and by the Stanislaus County Sheriff’s Department in unincorporated areas. As reported in the general plan EIR, both the Newman Police Department and the Stanislaus County Sheriff’s Department provide frequent mutual aid and back-up services to each other.
The police department headquarters, the Newman Police Department, is located at 1200 Main Street.
According to the Police Chief, the Newman Police Department is currently at its maximum service capacity and would need a complete remodel of their current footprint or construction of a new facility to meet anticipated demand (Randy Richardson, email correspondence, November 14, 2023). The construction of a new facility has the potential to cause significant environmental impacts.
Similar to the response to (a.) above, the specific environmental impact of expanding or constructing a new police station cannot be analyzed at this broad level of analysis, since the specifics of the expansion or new construction are not known at this time. At the time of the proposal for the expansion or new construction of the facility, an additional project specific environmental analysis would be required.
The general plan acknowledges and plans for the impact that growth will have on public services within the City. PFS-1.3 and PFS-1.8 ensure that new development will pay their share of the costs for developing new facilities through the payment of development fees, which are reviewed and updated annually, as necessary.
At this time, Newman City Code 1.15.060 and general plan policy PFS-1.3 and PFS-1.8 address the need for future expansion of the Newman Police Department and reduce the impact to less than significant.
c. The students generated by the proposed project would be served by the schools within the Newman Crows-Landing Unified School District. This increase in students would increase the demand on the school district and would result in the need for new or physically altered facilities, the construction of which could cause significant environmental impacts.
Discussions with the school district Assistant Superintendent indicated that the school district currently has some capacity to accommodate an increase in students, however new facilities would be required to accommodate the potential increase in 1,165 new students over the next eight years. The district has plans to build a new elementary school to service the Northwest Newman Master Plan development, and to add classroom capacities to the middle and high schools (Caralyn Mendoza, email correspondence, November 1, 2023).
Section D Evaluation of Environmental Impacts 77 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 Buildout of the Housing Element Update is planned for within eight years. Therefore, it is conservatively assumed that implementation of the proposed project would result in the need for new or physically altered facilities, the construction of which could cause significant environmental impacts.
The school district uses a student generation rate of 0.58 students per household for single family units and 0.69 students per household for multi-family units (Caralyn Mendoza, email message, April 7, 2022). Therefore, the project has the potential to generate approximately 1,165 new students over the next eight years (911 new singlefamily households x 0.58 students per household plus 921 new multi-family households x
0.69 students per household).
The general plan acknowledges the potential for 7,142 new students within the planning period, which would require new school facilities. To plan for this, the general plan includes Policy PSF-1.5 which requires that the City deny developments which would result in service levels falling below City standards; Policy PFS-10.1, PFS-10.2, PFS-10.3, and PFS-10.4, and PFS-10.5 which require the City to work with the school district to plan for, finance and develop adequate school facilities to meet the needs of existing and future development.
In accordance with Senate Bill 50, the project developers for the housing sites would be required to pay development impact fees to the school district at the time of the building permit issuance for each individual housing site. The school district would use collected funds towards new facilities to offset any impacts associated with new development.
Pursuant to California Government Code Section 65996, payment of these fees is deemed to fully mitigate cumulative CEQA impacts of new development on school facilities. Therefore, payment of state-mandated impact fees and impact fees required by the general plan would reduce potential impacts on school facilities to a less-thansignificant level. d. Due to the proposed project’s potential to result in an increase in population over the next eight years, an increase in the use of parks within the City may occur. The general plan requires 5 acres of parkland per 1,000 residents (policy RC-1.1). To meet this standard, general plan policy RCR-1.2 requires new development to dedicate land, improvements, or pay in-lieu fees towards the development of parkland. The project could result in 6,028 new residents over the next eight years, resulting in the need for approximately 30 acres of parkland. As residential development occurs over the next eight years, developers will be responsible for contributing to the creation of parkland at the time of development.
Policy RCR-1.4 states that master plans for each Master Plan Subarea shall include parks, recreational facilities and trails. The project includes two sites that are considered master plan areas: the Northwest Newman Master Plan and Mattos Ranch. The Northwest Newman Master Plan will include 38.5 acres of parks, including a sports complex, open space, picnicking facilities, jogging trails, and recreational facilities (Northwest Newman Master Plan Draft EIR, 2017). Mattos Ranch does not include parks within its design, but will pay a development impact fee (EMC Planning Group 2023).
Section D Evaluation of Environmental Impacts 78 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 The general plan requirement that all development shall either dedicate land, improvements, or pay in-lieu fees towards the development of parkland reduces the impact to parks to less-than-significant.
e. Due to the proposed project’s potential to result in an increase in population over the next eight years, an increased demand for library services may occur. The City of Newman is a member of the Stanislaus County Library system, with its local branch (the Newman Public Library) located at 1305 Kern Street.
The general plan includes policies that address the provision of library services such as continuing to work with the Stanislaus County Library system to ensure that adequate funding is available to continue the level of service currently provided by the Newman Library (Policy PFS-11.1) and assisting the Stanislaus County Library with identifying new locations for additional library facilities if new facilities are needed as the City grows (Policy PFS-11.2).
Although the proposed project may result in the increase in use of the Newman Branch Library, this type of development is anticipated by the general plan and evaluated in the general plan EIR. The general plan EIR does not identify any impacts in relation to library services in association with new construction with implementation of the general plan.
Therefore, the proposed project is not anticipated to result in significant impacts to the City’s existing library facilities.
Section D Evaluation of Environmental Impacts 79 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024
16. RECREATION
Comments:
a/b. The proposed project is the implementation of the Housing Element Update, which would result in an increase in population and could also result in the increased use of existing parks or other recreational facilities within the City of Newman.
A variety of different parklands and recreational facilities are provided by the City of Newman to serve the needs of the community. Parks include large community parks, mid-sized neighborhood parks, and small mini-parks/playgrounds. Refer back to Section
15.0, Public Services, checklist questions “d” and “e” for more information on potential impacts the proposed project could have on the City’s parks and recreational facilities.
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the facility would occur or be accelerated?
☐ ☐ ☒ ☐
b. Does the project include recreational facilities or
require the construction or expansion of recreational
facilities, which might have an adverse physical effect on the environment?
☐ ☐ ☒ ☐
Section D Evaluation of Environmental Impacts 80 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024
17. TRANSPORTATION
Would the project:
Comments:
a. There is no evidence to suggest that the proposed housing element update would conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities. Housing projects pursuant to the house element would be subject to all applicable City guidelines, standards, and specifications related to transit, bicycle, or pedestrian facilities.
b. VRPA Technologies, Inc prepared a memorandum (City of NewmanHousing Element Vehicle Miles Travelled (VMT) Analysis (“VMT analysis”), dated January 3, 2024 for the proposed project to determine whether the project would result in a significant vehicle mile traveled (VMT) impact. The memorandum is included as Appendix D.
Per the requirements of Senate Bill 743 (SB 743), VMT is the new performance measure used in CEQA transportation analysis. VMT became the required performance measure on July 1, 2020 replacing the previous performance measure which was level of service (LOS). The VMT generated by land development projects is compared to various screening criteria and significance thresholds to determine whether the level of VMT would be considered to be significant.
CEQA allows agencies to adopt formal methodologies and thresholds of significance that will be used for environmental evaluation or to use methodologies and thresholds of significance determined on a case-by-case basis. The City of Newman has not adopted methodologies and thresholds of significance for VMT analysis; therefore, the analysis conducted for this project was based on statewide guidance, as well as regional guidance, provided by other agencies located in the San Joaquin Valley. For this analysis, Merced County Association of Governments (MCAG) guidance was followed due to the proximity of Merced County to Newman.
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Conflict with a program, plan, ordinance, or policy
addressing the circulation system, including transit,
roadway, bicycle and pedestrian facilities?
☐ ☐ ☐ ☒
b. Conflict or be inconsistent with CEQA guidelines
section 15064.3, subdivision (b)? ☐ ☐ ☒ ☐
c. Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
☐ ☐ ☐ ☒
d. Result in inadequate emergency access? ☐ ☐ ☐ ☒
Section D Evaluation of Environmental Impacts 81 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 The analysis is based on a determination of whether the development of the opportunity sites would increase VMT per capita, which would result in a significant impact. The analysis looks at the VMT per capita without the project and with the project.
Approximately 40 percent of the residential units planned in the Housing Element are considered affordable, whereas approximately 12 percent of the existing residential stock in Newman is considered affordable (United States Census Bureau 2023). Affordable residential units are considered to generate less VMT than market-rate residential units.
The MCAG guidelines include provisions for screening out residential projects out of the requirement for a VMT analysis when they are 100 percent affordable (VRPA Technologies, Inc. 2023). Thus, implementation of the project would increase the affordable housing stock within Newman and would therefore decrease the average VMT per capita within Newman. Therefore, build out of the housing element over the next eight years, assuming 40 percent of the units are affordable, the project is expected to have a less than significant VMT impact.
However, individual housing projects that do not include a sufficient affordable housing component, have the potential to result in a project-level VMT impact. To ensure that VMT impacts are addressed with individual housing projects, the following mitigation measures shall be implemented.
Mitigation Measure
TRANS-1 The City of Newman Community Development Department shall evaluate housing applications pursuant to the housing element update to determine if a vehicle miles traveled (VMT) analysis is required. If the City of Newman or Stanislaus Council of Governments (StanCOG) have not adopted guidelines for evaluation of VMT impacts, the City will use the Office of Planning and Research (OPR) guidelines in effect at the time of development application.
The current OPR guidelines screen out those projects that result in less than 110 vehicle trips per day.
VMT analysis shall be subject to review and approval by the Community Development Department, prior to approval of individual housing projects. c. Subsequent projects under the proposed project, including any new roadway, bicycle, or pedestrian infrastructure improvements would be subject to, and designed in accordance with, City standards and specifications that address potential design hazards including sight distance, driveway placement, and signage (general plan policy TC-1.11).
Additionally, any new transportation facilities, or improvements to such facilities associated with subsequent projects, would be constructed based on industry design standards and best practices consistent with the City’s zoning code, building design, and inspection requirements. Therefore, the proposed project would not result in a design feature that would increase hazards.
Section D Evaluation of Environmental Impacts 82 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 d. Specific housing sites would be analyzed for adequacy of emergency access when they are proposed. General plan policy TC-1.12 requires all new development to ensure that safe emergency vehicle access is provided and general plan policy TC-1.6 requires that street widths for new or improved arterials, collector and local streets be limited to the minimum width necessary to adequately carry the volume of anticipated traffic and meet the City’s Level of Service Policy of C while allowing for adequate bicycle and pedestrian facilities and emergency access.
Based on the above considerations, adequate emergency access would be provided to the housing sites.
Section D Evaluation of Environmental Impacts 83 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024
18. TRIBAL CULTURAL RESOURCES
Would the project:
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
Comments:
a. The City sent out letters to Native American tribes traditionally and culturally affiliated with the City of Newman on May 22, 2023 asking if any request for AB 52 or SB 18 consultation. The City received one response from the Southern Sierra Miwuk Nation on June 13, 2023 stating that the Southern Sierra Miwuk Nation has concerns with the project. On November 7, 2023 the City responded to the Southern Sierra Miwuk Nation stating that the City has a stable project description and would like to set up a meeting to learn about the Southern Sierra Miwuk Nation’s concerns. On December 11, 2023, the Tribe contacted the City asking for a refresher on what the project is and on December 12, 2023, the City followed up with the May 22, 2023 letter the City originally sent the Tribe, a housing sites inventory map, and a link to the housing element document. As of January 9, 2024 the City of Newman has not heard back from the Southern Sierra Miwuk Nation to set up a consultation meeting (Michael Holland, email message, February 9, 2024).
a. Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public
Resources Code section 21074 as either a site, feature, place, or cultural landscape that is geographically
defined in terms of the size and scope of the
landscape, sacred place, or object with cultural value
to a California Native American tribe, and that is:
(1) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of
historical resources as defined in Public Resources
code section 5020.1(k), or
☐ ☐ ☐ ☒
(2) A resource determined by the lead agency, in its
discretion and supported by substantial evidence, to
be significant pursuant to criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead
agency shall consider the significance of the resource
to a California Native American tribe.
☐ ☐ ☒ ☐
Section D Evaluation of Environmental Impacts 84 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024
19. UTILITIES AND SERVICE SYSTEMS
Would the project:
Comments:
a. The City of Newman is served by existing water, wastewater, storm water drainage, electric power, natural gas, and telecommunications facilities. Reasonably foreseeable development resulting from implementation of the proposed project would increase demand and may require new or expanded facilities.
It would be speculative at this time to determine the impacts related to the construction of new, or expansion of existing, facilities. Impacts from any infrastructure improvements required by new development associated with the project would be further analyzed when specific projects are proposed and determinations are made on the type, scope, and location of the infrastructure improvements. If required, utilities would be installed during each individual project construction and are not anticipated to result in significant environmental effects beyond those identified throughout this initial study.
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Require or result in the relocation or construction of new or expanded water, wastewater treatment, storm
water drainage, electric power, natural gas, or
telecommunications facilities, the construction or
relocation of which could cause significant
environmental effects?
☐ ☐ ☒ ☐
b. Have sufficient water supplies available to serve the project and reasonably foreseeable future
development during normal, single-dry and
multiple- dry years?
☐ ☐ ☒ ☐
c. Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has inadequate capacity to serve the project’s
projected demand in addition to the provider’s
existing commitments?
☐ ☐ ☒ ☐
d. Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment of
solid waste reduction goals?
☐ ☐ ☒ ☐
e. Comply with federal, state, and local management and reduction statutes and regulations related to solid
waste?
☐ ☐ ☒ ☐
Section D Evaluation of Environmental Impacts 85 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 Therefore, the proposed project would not require or result in the relocation or construction of new or expanded water facilities, wastewater treatment, storm water drainage, electric power, natural gas, or telecommunications facilities the construction or relocation of which could cause significant environmental effects beyond those already identified throughout this initial study.
b. The City of Newman’s source of potable water is groundwater. Table 5 of the City of Newman 2013 “Water Supply Assessment Report for Master Plan Area 3” provides water demand factors in gallons per day (gpd) per connection for different land use types.
Single-family residential uses have a water demand factor of 500 gpd per connection and multi-family residential uses have a water demand factor of 1,400 gpd per connection.
Therefore, the proposed project has the potential to result in a demand increase of 479,300 gpd of water (911 new single-family connections x 500 gpd per connection plus 171 new multi-family connections x 1,400 gpd per connection). The total of 479,300 gpd of water is equivalent to 175 million gallons (MG) per year (479,300 gpd x 365 days divided by 1 million).
Table 4-3 of the City of Newman 2020 Urban Water Management Plan (UWMP) demonstrates that in 2020 water use demands for single-family and multi-family connections were 481 MG per year combined. Table 4-5 of the UWMP projects that water use for single-family and multi-family residential uses will be 703 MG per year in 2040. The additional water use from this project (175 MG per year plus 481 MG per year) would bring the annual water use from single-family and multi-family units to 656 MG per year, which is below the projected water use for single-family and multi-family dwellings in 2040.
The UWMP anticipates a population of 18,024 by 2040 (p. 3). The City of Newman’s current population is 12,121 (California Department of Finance 2024). The Housing Element Update could result in an increase in 6,028 residents, which could bring the City’s population to approximately just over 18,000 residents in the next eight years. This number of residents is anticipated under the general plan and the UWMP, which anticipates supplies of groundwater to be sufficient to meet all demands through the year 2040 even under drought conditions (p. 58). Therefore, the proposed project will have sufficient water supplies available to serve its needs, and no physical changes would be necessary. Therefore, sufficient water supplies would be available to serve the proposed project and reasonably foreseeable future development during normal, dry and multiple dry years.
1 15 Housing opportunity sites have been identified for multi-family residential development. One multifamily connection is assumed per site, unless the site is 5 acres or greater, then two connections are assumed.
Section D Evaluation of Environmental Impacts 86 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 c. According to the general plan, the City of Newman provides wastewater treatment and collection for most residential, commercial and industrial developments within its City limits. Some individual septic systems are used both inside and outside of the City limits.
The existing wastewater collection system is adequate to serve existing demand within the City of Newman. Additionally, a new wastewater main was constructed along Sherman Parkway from State Route 33 to Hills Ferry Road (City of Newman 2007).
This main turns west on Hills Ferry Road and then runs into the existing outfall lines at Merced/Hills Ferry Road. This system is designed to take in all wastewater connections from new development north of Sherman Parkway to Stuhr Road, from the CCID canal to the west and Hills Ferry Road to the east. The southwest portion of the City does not, however, have additional wastewater capacity to accommodate future demand generated by new development. Any further annexations in this area would require master plan improvements to the pipes conveying flows to the outfall lines.
Newman’s Wastewater Treatment and Disposal Facilities are located on 450 acres of City land next to the San Joaquin River, one mile northeast of town on Hills Ferry Road. The general location of these facilities is shown on Figure PFS-1 of the general plan.
The wastewater treatment plant has an operational capacity of 1.37 million gallons a day (MGD) and a permitted capacity of 1.69 MGD. Currently, the capacity of the wastewater treatment plant is the major factor limiting growth in Newman. According Lance Perry (email correspondence, November 29, 2023), expansion of the WWTP would be required to accommodate the growth associated with the Housing Element Update. The City is currently working with their engineering consultant, Stantec, and the Central Valley Regional Water Quality Control Board (RWQCB) to implement their plans for growth outline in their Waste Discharge Requirements (WDR).
General plan policy LU-2.1 ensures that growth will occur with the pace of public facilities and services and that new development will not negatively impact existing infrastructure and level of services. The project’s compliance with this policy would ensure that impacts are less than significant.
d/e. The Bertolotti Disposal Company serves as the waste hauler for the City of Newman and would collect the waste generated by future development of the opportunity sites.
Disposal would be collected and sent to the Fink Road Landfill located at 4000 Fink Road in Crows Landing. According to CalRecycle, the landfill has a permitted daily maximum of 2,400 tons of solid waste per day and a remaining capacity of 7,184,701 tons (CalRecycle 2023a).
The proposed project would generate approximately 37,976 pounds of solid waste per day (6,028 residents x 6.3 pounds of solid waste per person per day) (CalRecycle, 2023b), or approximately 6,931 tons of solid waste per year. Therefore, the proposed project would not generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure.
Section D Evaluation of Environmental Impacts 87 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024
20. WILDFIRE
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
Comments:
a-d. The project site is not located in or near a state responsibility area or lands classified as very high fire hazard severity zones (CalFire 2022). Therefore, the proposed project would not expose people or structures to a significant risk involving wildfires nor exacerbate the risk of wildfire and analysis is not necessary.
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Substantially impair an adopted emergency response
plan or emergency evacuation plan? ☐ ☐ ☐ ☒
b. Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose project
occupants to pollutant concentrations from a wildfire
or the uncontrolled spread of wildfire?
☐ ☐ ☐ ☒
c. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency
water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
☐ ☐ ☐ ☒
d. Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
☐ ☐ ☐ ☒
Section D Evaluation of Environmental Impacts 88 EMC Planning Group City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024
21. MANDATORY FINDINGS OF SIGNIFICANCE
Comments:
a. As discussed in Section 4, Biological Resources, Mitigation Measures BIO-1 through BIO-9 would ensure that the proposed project would not substantially degrade the quality of the environment; substantially reduce the habitat of a fish or wildlife species; cause a fish or wildlife population to drop below self-sustaining levels; threaten to eliminate a plant or animal community; or substantially reduce the number or restrict the range of an endangered, rare, or threatened species.
As discussed in Section 5, Cultural Resources, Mitigation Measures CR-1 and CR-2 would ensure that the proposed project would not eliminate important examples of the major periods of California history or prehistory.
b. Proposed project impacts that contribute to cumulative project impacts are required to be lessened per the mitigation measures presented in this initial study. With implementation of the mitigation measures, standard conditions of approval, and policies identified herein, the project’s contribution to cumulative project impacts would not be considerable.
c. Based on the analysis provided in this initial study, the proposed project would not result in significant environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly.
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Does the project have the potential to substantially degrade the quality of the environment; substantially
reduce the habitat of a fish or wildlife species; cause a fish or wildlife population to drop below selfsustaining levels; threaten to eliminate a plant or animal community; substantially reduce the number or
restrict the range of an endangered, rare, or threatened species; or eliminate important examples of the major
periods of California history or prehistory?
☐ ☒ ☐ ☐
b. Does the project have impacts that are individually
limited, but cumulatively considerable? (“Cumulatively
considerable” means that the incremental effects of a
project are considerable when viewed in connection
with the effects of past projects, the effects of other current projects, and the effects of probable future
projects)
☐ ☒ ☐ ☐
c. Does the project have environmental effects, which
will cause substantial adverse effects on human beings, either directly or indirectly?
☐ ☐ ☐ ☒
Section E Sources 89 EMC Planning Group
City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 E. SOURCES
Environmental Setting
City of Newman. April 2007. Newman 2030 General Plan. Newman, CA. https://www.cityofnewman.com/docman/community-development-department/ 36-general-plan-final-version/file.html
City of Newman. October 2006. Newman 2030 General Plan EIR. Newman, CA. https://www.cityofnewman.com/docman/community-development-department/ 2-general-plan-eir/file.html
City of Newman. Newman City Code. Last modified on June 27, 2023. https://www.codepublishing.com/CA/Newman/
EMC Planning Group. February 2023. Public Review Initial Study/Mitigated Negative Declaration Mattos Ranch Subdivision Phase 2. Newman, CA.
Google Earth. Accessed in November 2023.
Project Description
California Department of Finance. May 2024. “E-5 Population and Housing Estimates for Cities, Counties, and the State, January 2021-2024, with 2020 Benchmark.” https://dof.ca.gov/forecasting/demographics/estimates/e-5-population-and-housingestimates-for-cities-counties-and-the-state-2020-2024/ City of Newman. May 28, 2024. City of Newman 6th Cycle Housing Element Update Housing and Community Development (HCD) Revised Draft.
Aesthetics
City of Newman. October 2006. Newman 2030 General Plan EIR. Newman, CA. https://www.cityofnewman.com/docman/community-development-department/ 2-general-plan-eir/file.html
City of Newman. May 28, 2024. City of Newman 6th Cycle Housing Element Update Housing and Community Development (HCD) Revised Draft.
City of Newman. April 2017. Northwest Newman Master Plan Draft EIR. Newman, CA.
EMC Planning Group. February 2023. Public Review Initial Study/Mitigated Negative Declaration Mattos Ranch Subdivision Phase 2. Newman, CA.
California Department of Transportation. “California State Scenic Highway System Map.” Accessed November 2023.
https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46 cc8e8057116f1aacaa
Section E Sources 90 EMC Planning Group
City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 City of Newman. April 2007. Newman 2030 General Plan. Newman, CA. https://www.cityofnewman.com/docman/community-development-department/ 36-general-plan-final-version/file.html
City of Newman. Newman City Code. Last modified on June 27, 2023. https://www.codepublishing.com/CA/Newman/
Agriculture
California Department of Conservation. “California Important Farmland Finder.” Accessed November 2023. https://maps.conservation.ca.gov/DLRP/CIFF/ EMC Planning Group. February 2023. Public Review Initial Study/Mitigated Negative Declaration Mattos Ranch Subdivision Phase 2. Newman, CA.
City of Newman. April 2017. Northwest Newman Master Plan Draft EIR. Newman, CA.
City of Newman. October 2006. Newman 2030 General Plan EIR. Newman, CA. https://www.cityofnewman.com/docman/community-development-department/ 2-general-plan-eir/file.html
City of Newman. April 2007. Newman 2030 General Plan. Newman, CA. https://www.cityofnewman.com/docman/community-development-department/ 36-general-plan-final-version/file.html
City of Newman. Newman City Code. Last modified on June 27, 2023. https://www.codepublishing.com/CA/Newman/
Air Quality
City of Neman. 2006. Newman 2030 General Plan EIR. October 4, 2006. https://cityofnewman.com/~documents/community-developmentdepartment/general-plan-eir/?layout=default San Joaquin Valley Air Pollution Control District (SJVAPCD). 2015. Guide for Assessing Air Quality Impacts. March 19, 2015. https://www.valleyair.org/transportation/GAMAQI.pdf San Joaquin Valley Air Pollution Control District (SJVAPCD). 2018. Policy APR-1906 Framework for Performing Health Risk Assessments. July 1, 2018.
http://www.valleyair.org/policies_per/Policies/APR-1906-7-1-18.pdf San Joaquin Valley Air Pollution Control District (SJVAPCD). 2020. Small Project Analysis Levels.
November 13, 2020. https://valleyair.org/transportation/CEQA%20Rules/GAMAQISPAL.PDF San Joaquin Valley Air Pollution Control District (SJVAPCD). 2021. 2018 PM2.5 Plan for the San Joaquin Valley. https://ww2.valleyair.org/plans/2018-pm-2-5-plan-for-the-san-joaquinvalley/ Section E Sources 91 EMC Planning Group
City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 San Joaquin Valley Air Pollution Control District (SJVAPCD). 2022a. Webpage: Ambient Air Quality Standards & Valley Attainment Status. Accessed December 10, 2023 at https://www.valleyair.org/aqinfo/attainment.htm
San Joaquin Valley Air Pollution Control District (SJVAPCD). 2022b. Webpage: CEQA.
Accessed December 10, 2023: https://www.valleyair.org/transportation/ceqa_idx.htm San Joaquin Valley Air Pollution Control District (SJVAPCD). 2023. Initial State Implementation Plan Requirements for the 2012 Annual PM2.5 Standard.
October 19, 2023. https://ww2.valleyair.org/rules-and-planning/air-qualityplans/particulate-matter-plans/2023-pm25-plan-for-the-san-joaquin-valley/ California Department of Transportation. 2022. Traffic Census Program Webpage. 2020-AADT.
Accessed March 10, 2022, at: https://dot.ca.gov/programs/traffic-operations/census Biological Resources
California Burrowing Owl Consortium (CBOC). 1993. Burrowing Owl Survey Protocol and Mitigation Guidelines.
California Department of Fish and Game (CDFG). 1994. Staff Report regarding Mitigation for Impacts to Swainson's Hawks (Buteo swainsoni) in the Central Valley of California.
California Department of Fish and Wildlife (CDFW). 2012. Staff Report on Burrowing Owl Mitigation.
State of California Natural Resources Agency.
California Native Plant Society (CNPS). 2023. Inventory of Rare and Endangered Plants of California online database. Records of occurrence for Newman, Gustine, Hatch, Crows Landing, Howard Ranch, Ingomar, Orestimba Peak, Patterson, and Crevison Peak USGS quadrangles. Sacramento, California. Accessed December 2023. http://www.rareplants.cnps.org
California Department of Fish and Wildlife (CDFW). 2023a. California Natural Diversity Database (CNDDB) online database. Records of occurrence for Newman, Gustine, Hatch, Crows Landing, Howard Ranch, Ingomar, Orestimba Peak, Patterson, and Crevison Peak USGS quadrangles. Sacramento, California. Accessed December 2023. https://wildlife.ca.gov/data/cnddb
CDFW. 2023b. Biogeographic Information and Observation System (BIOS) online database.
Sacramento, California. Accessed December 2023.
http://bios.dfg.ca.gov
CDFW. 2023c. California Natural Community List. Sacramento, California.
Accessed December 2023.
CDFW. 2023d. California Essential Habitat Connectivity Project. Sacramento, California.
Accessed December 2023.
https://wildlife.ca.gov/Conservation/Planning/Connectivity/CEHC Section E Sources 92 EMC Planning Group
City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 City of Newman. 2006. Newman 2030 General Plan Draft Environmental Impact Report. Newman, CA.
City of Newman. 2007. Newman 2030 General Plan. Newman, CA.
City of Newman. 2016. Newman 2030 General Plan Housing Element. Newman, CA.
City of Newman. April 2017. Northwest Newman Master Plan Draft Environmental Impact Report.
Newman, CA.
City of Newman. October 2017. Northwest Newman Master Plan Final Environmental Impact Report.
Newman, CA.
City of Newman. Newman City Code. Last modified on June 27, 2023. https://www.codepublishing.com/CA/Newman/
Harrison et. al. 2011. Resource use overlap between urban carnivores: Implications for endangered San Joaquin kit foxes (Vulpes macrotis mutica). Urban Ecosystems (2011) 14:3030-311.
Jameson, E. W., and Hans J. Peeters. 2004. Mammals of California. University of California Press.
Swainson’s Hawk Technical Advisory Committee. 2000. Recommended Timing and Methodology for Swainson's Hawk Nesting Surveys in California's Central Valley.
U.S. Fish and Wildlife Service (USFWS). 2011. Standardized Recommendations for Protection of the San Joaquin Kit Fox Prior to or During Ground Disturbance.
USFWS. 2023a. Endangered Species Program online database. Species list for Stanislaus County.
Washington, D.C. Accessed December 2023.
http://www.fws.gov/endangered/
USFWS. 2023b. National Wetlands Inventory online database. Washington, D.C.
Accessed December 2023.
http://www.fws.gov/wetlands/
USFWS. 2023c. Critical Habitat for Threatened and Endangered Species online mapper.
Accessed December 2023.
https://fws.maps.arcgis.com/home/webmap/viewer.html?webmap=9d8de5e265ad4fe 09893cf75b8dbfb77
Cultural Resources
City of Newman. 1985. City of Newman, Historic Resources Survey Final Report.
Central California Information Center (CCIC) report no. #2223 Caltrans Structure and Maintenance Investigations Historical Significance - Local Agency Bridges of District 10. March 2019.
Section E Sources 93 EMC Planning Group
City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 Energy
California Air Pollution Control Officers Association. 2022. California Emissions Estimator Model Version 2022.1. https://www.caleemod.com/. Accessed January 3, 2023 California Energy Commission. 2022. Electricity Consumption by County. https://ecdms.energy.ca.gov/elecbycounty.aspx. Accessed December 6, 2023 California Energy Commission. 2022. Gas Consumption by County. https://ecdms.energy.ca.gov/gasbycounty.aspx. Accessed December 6, 2023 Geology and Soils
California Department of Conservation. “EQ Zapp: California Earthquake Hazards Zone.” Accessed on June 13, 2022. https://maps.conservation.ca.gov/cgs/EQZApp/app/ City of Newman. October 2006. Newman 2030 General Plan EIR. Newman, CA. https://www.cityofnewman.com/docman/community-development-department/ 2-general-plan-eir/file.html
Google Earth. Accessed in November 2023.
City of Newman. April 2007. Newman 2030 General Plan. Newman, CA. https://www.cityofnewman.com/docman/community-development-department/ 36-general-plan-final-version/file.html
San Joaquin River Exchange Contractors GSP Group. December 2019. Groundwater Sustainability Plan for the San Joaquin River Exchange Contractors GSP Group in the Delta-Mendota Subbasin. http://www.cityofnewman.com/docman/public-works-department/1026- groundwater-sustainability-plan-for-the-san-joaquin-river-exchangecontractorsgroup/file.html City of Newman. Newman City Code. Last modified on June 27, 2023. https://www.codepublishing.com/CA/Newman/
Greenhouse Gas Emissions
California Air Pollution Control Officers Association. 2022. California Emissions Estimator Model Version 2022.1. https://www.caleemod.com/. Accessed January 3, 2023 California Air Resources Board. 2017. California’s 2017 Climate Change Scoping Plan.
November, 2017.
https://ww2.arb.ca.gov/sites/default/files/classic/cc/scopingplan/scoping_plan_ 2017.pdf
Section E Sources 94 EMC Planning Group
City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 Sacramento Metropolitan Air Quality Management District. 2020. CEQA Thresholds for Evaluating the Significance of Climate Impacts from Land Use Projects and Plan. https://www.airquality.org/LandUseTransportation/Documents/SMAQMDGHGThr esholds2020-03-04v2.pdf
Sacramento Metropolitan Air Quality Management District. 2021. Guide to Air Quality Assessment in Sacramento County. https://www.airquality.org/residents/ceqa-landuse-planning/ceqa-guidancetools#:~:text=The%20Guide%20to%20Air%20Quality,complying%20with%20the%20 California%20Environmental
State of California. 2018. Executive Order B-55-18 to Achieve Carbon Neutrality.
September 2018. https://www.ca.gov/archive/gov39/wp-content/uploads/2018/09 /9.10.18-Executive-Order.pdf
VPR Technologies Inc. 2024. City of Newman Housing Element Vehicle Miles Traveled (VMT) Analysis.
January 9, 2024
Hazards and Hazardous Materials
City of Newman. April 2007. Newman 2030 General Plan. Newman, CA. https://www.cityofnewman.com/docman/community-development-department/ 36-general-plan-final-version/file.html
California Department of Toxic Substances Control. “Envirostor – Hazardous Waste and Substances Site List (Cortese).” Accessed November 2023. https://www.envirostor.dtsc.ca.gov/public/search.asp?page=1&cmd=search&business _name=&main_street_name=&city=&zip=&county=&status=ACT%2CBKLG%2CC OM&branch=&site_type=CSITES%2CFUDS&npl=&funding=&reporttitle=HAZAR DOUS+WASTE+AND+SUBSTANCES+SITE+LIST+%28CORTESE%29&reportt ype=CORTESE&federal_superfund=&state_response=&voluntary_cleanup=&school _cleanup=&operating=&post_closure=&non_operating=&corrective_action=&tiered_ permit=&evaluation=&spec_prog=&national_priority_list=&senate=&congress=&ass embly=&critical_pol=&business_type=&case_type=&searchtype=&hwmp_site_type= &cleanup_type=&ocieerp=&hwmp=False&permitted=&pc_permitted=&inspections= &inspectionsother=&complaints=&censustract=&cesdecile=&school_district=&order by=county
California Environmental Protection Agency. “List of solid waste disposal sites identified by Water Board with waste constituents above hazardous waste levels outside the waste management unit (PDF).” Accessed November 2023a. chrome-extension:
//efaidnbmnnnibpcajpcglclefindmkaj/https://calepa.ca.gov/wp-content/ uploads/sites/6/2016/10/SiteCleanup-CorteseList-CurrentList.pdf Section E Sources 95 EMC Planning Group
City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 California Environmental Protection Agency. “List of “active” CDO and CAO from Water Board (MS Excel, 1,453 KB).” Accessed November 2023b.
https://calepa.ca.gov/sitecleanup/corteselist/
California Environmental Protection Agency. “List of hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code, identified by DTSC.” Accessed November 2023c.
https://calepa.ca.gov/sitecleanup/corteselist/section-65962-5a/?emrc=63f01af3d8806 California Department of Forestry and Fire Protection. “FHSZ Viewer.” Accessed on July 21, 2023. https://egis.fire.ca.gov/FHSZ/ State Water Resources Control Board. “GeoTracker.” Accessed on July 28, 2023. https://geotracker.waterboards.ca.gov/map/?myaddress=California&from=header&cq id=9235730826
Google Earth. Accessed in November 2023.
Hydrology and Water Quality
City of Newman. Newman City Code. Last modified on June 27, 2023. https://www.codepublishing.com/CA/Newman/
City of Newman. November 2021. 2020 Urban Water Management Plan. http://www.cityofnewman.com/docman/public-works-department/785-draft-2015- urban-water-management-plan/file.html
Land Use and Planning
City of Newman. May 28, 2024. City of Newman 6th Cycle Housing Element Update Housing and Community Development (HCD) Revised Draft.
Mineral Resources
City of Newman. October 2006. Newman 2030 General Plan EIR. Newman, CA. https://www.cityofnewman.com/docman/community-development-department/ 2-general-plan-eir/file.html
City of Newman. April 2007. Newman 2030 General Plan. Newman, CA. https://www.cityofnewman.com/docman/community-development-department/ 36-general-plan-final-version/file.html
Noise
City of Newman. Newman City Code. Last modified on June 27, 2023. https://www.codepublishing.com/CA/Newman/
Section E Sources 96 EMC Planning Group
City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 City of Newman. April 2007. Newman 2030 General Plan. Newman, CA. https://www.cityofnewman.com/docman/community-development-department/ 36-general-plan-final-version/file.html
Google Earth. Accessed in November 2023.
Population and Housing
California Department of Finance. May 2024. “E-5 Population and Housing Estimates for Cities, Counties, and the State, January 2021-2024, with 2020 Benchmark.” https://dof.ca.gov/forecasting/demographics/estimates/e-5-population-and-housingestimates-for-cities-counties-and-the-state-2020-2024/ City of Newman. May 28, 2024. City of Newman 6th Cycle Housing Element Update Housing and Community Development (HCD) Revised Draft.
Public Services
Richardson, Randy, Chief of Police, City of Newman. Email message to consultant, 14 November 2023.
Mendoza, Caralyn, Assistant Superintendent, Newman-Crows Landing Unified School District.
Email message to consultant, 1 November 2023.
Bowen, Keith, Fire Division Chief, Newman DF – West Stanislaus FPD. Email message to consultant, 1 November 2023.
Hendrix, Justin, City Planner. City of Newman. Email message to consultant, 20 April 2022.
City of Newman. Newman City Code. Last modified on June 27, 2023. https://www.codepublishing.com/CA/Newman/
City of Newman. April 2007. Newman 2030 General Plan. Newman, CA. https://www.cityofnewman.com/docman/community-development-department/ 36-general-plan-final-version/file.html
City of Newman. October 2006. Newman 2030 General Plan EIR. Newman, CA. https://www.cityofnewman.com/docman/community-development-department/ 2-general-plan-eir/file.html
City of Newman. April 2017. Northwest Newman Master Plan Draft EIR. Newman, CA.
Recreation
City of Newman. April 2007. Newman 2030 General Plan. Newman, CA. https://www.cityofnewman.com/docman/community-development-department/ 36-general-plan-final-version/file.html
Section E Sources 97 EMC Planning Group
City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 Transportation
United States Census Bureau. “Table DP04 Selected Housing Characteristics”.
Accessed on December 20, 2023.
https://data.census.gov/table/ACSDP5Y2022.DP04?q=dp04&g=160XX00US065 1140
VRPA Technologies, Inc. January 2023. City of Newman Housing Element Vehicle Miles Traveled (VMT) Analysis.
Tribal Cultural Resources
Holland, Michael, City Manager, City of Newman. Email message to consultant January 8, 2024.
Utilities and Service Systems
Perry, Lance, Waste Water Treatment Plant Superintendent, City of Newman. Email message to consultant, 29 November 2023.
California Department of Finance. May 2024. “E-5 Population and Housing Estimates for Cities, Counties, and the State, January 2021-2024, with 2020 Benchmark.” https://dof.ca.gov/forecasting/demographics/estimates/e-5-population-and-housingestimates-for-cities-counties-and-the-state-2020-2024/ CalRecycle. “SWIS Facility/Site Activity Details – Fink Road Landfill (50-AA-0001).” Accessed on December 5, 2023a.
https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/992?siteID=3733 Cal Recycle. “Disposal Rate Calculator”. Accessed on December 7, 2023b. https://www2.calrecycle.ca.gov/LGCentral/AnnualReporting/DisposalRateCalculator City of Newman. July 2013. Water Supply Assessment Report For Master Plan Area 3. https://files.ceqanet.opr.ca.gov/209205-
4/attachment/R_o8FkzeiAJZDstDdE5QuQYlF5cHpy3ozMACVe2qCAPOG7EqfkLS VPQ-DCHtk2y3rVSgn7jd8KDMVEmL0
City of Newman. November 2021. 2020 Urban Water Management Plan. http://www.cityofnewman.com/docman/public-works-department/785-draft-2015- urban-water-management-plan/file.html
City of Newman. April 2007. Newman 2030 General Plan. Newman, CA. https://www.cityofnewman.com/docman/community-development-department/36- general-plan-final-version/file.html
Wildfire
CalFire. “FHSZ Viewer.” Accessed on January 25, 2022. https://egis.fire.ca.gov/FHSZ/ Section E Sources 98 EMC Planning Group
City of Newman 6th Cycle Housing Element Update (2023-2031) and Safety Element Update July 2024 This side intentionally left blank.
City of Newman 6th Cycle Housing Element Update
Housing and Community Development (HCD)
Revised Draft (dated May 28, 2024) A
APPENDIX
HCD Revised Draft
City of Newman
6th Cycle Housing Element Update
May 28, 2024
Prepared by
EMC Planning Group
HCD REVISED DRAFT
CITY OF NEWMAN
6 TH CYCLE HOUSING ELEMENT UPDATE
PREPARED FOR
City of Newman
Michael E. Holland, City Manager
938 Fresno Street
Newman, CA 95360
Tel 209.862.3725
[email protected]
PREPARED BY
EMC Planning Group Inc.
601 Abrego Street
Monterey, CA 93940
Tel 831.649.1799
Fax 831.649.8399
Anastazia Aziz, AIC, Principal
[email protected]
www.emcplanning.com
May 28, 2024
This document was produced on recycled paper.
ACKNOWLEDGEMENTS
Mayor Casey Graham
Scott Ball, Councilmember
Shane Tomlinson, Councilmember
Laroy McDonald, Councilmember
John Pimental, Councilmember
Mary Moore, Treasurer
City Administration
Michael Holland, City Manager
City Project Team
Kathryn Reyes, Public Works Director
Joanna Lainez, Building Technician
Alicia Mendoza, Recreation Director/Community Liaison
Consultants
EMC Planning Group, Inc.
EMC Planning Group Inc.
Table of Contents
CITY OF NEWMAN 2023–2031 HOUSING ELEMENT................................................ ES-1 Executive Summary................................................................................................................. ES-1 Chapter 1.0 Introduction ........................................................................................................ ES-1 Chapter 2.0 Goals, Policies, and Programs .......................................................................... ES-2 Chapter 3.0 Housing Needs & Fair Housing Report ......................................................... ES-3 Chapter 4.0 Housing Constraints .......................................................................................... ES-6 Chapter 5.0 Vacant Sites and Available Sites....................................................................... ES-9 Chapter 6.0 AFFH Analysis of Sites ...................................................................................ES-10 Chapter 7.0 Energy Conservation .......................................................................................ES-12 Appendix A: Review of the Previous Housing Element .................................................ES-12 Appendix B: Outreach & Public Participation ..................................................................ES-12
1.0 INTRODUCTION.................................................................................................... 1-1
1.1 Introduction ...................................................................................................................... 1-1
1.2 California’s Housing Crisis.............................................................................................. 1-2
1.3 Regional Housing Needs Allocation .............................................................................. 1-3
1.4 Affirmatively Furthering Fair Housing.......................................................................... 1-3
1.5 Overview of Planning Efforts ........................................................................................ 1-7
1.6 Public Participation .......................................................................................................... 1-9
2.0 GOALS, POLICIES, AND PROGRAMS ................................................................... 2-1
2.1 Introduction ...................................................................................................................... 2-1
2.2 What’s New....................................................................................................................... 2-1
2.3 Program Overview and Quantified Objectives............................................................ 2-2
2.4 Goals, Policies, and Programs ........................................................................................ 2-2
3.0 HOUSING NEEDS AND FAIR HOUSING REPORT.............................................. 3-1
3.1 Introduction ...................................................................................................................... 3-1
3.2 Population, Employment, and Household Characteristics ........................................ 3-6 EMC Planning Group Inc.
3.3 Integration and Segregation........................................................................................... 3-17
3.4 Disproportionate Housing Needs ................................................................................ 3-46
3.5 Special Needs Groups .................................................................................................... 3-58
3.6 Access to Opportunity ................................................................................................... 3-82
3.7 Housing Stock Characteristics....................................................................................... 3-91
3.8 Fair Housing Enforcement and Outreach Capacity ................................................ 3-108
3.9 Contributing Factors and Fair Housing Recommendations................................... 3-114
3.10 Conclusion ..................................................................................................................... 3-118
4.0 HOUSING CONSTRAINTS .................................................................................... 4-1
4.1 Introduction ....................................................................................................................... 4-1
4.2 Governmental Constraints .............................................................................................. 4-1
4.3 Non-Governmental Constraints ................................................................................... 4-37
5.0 VACANT AND AVAILABLE SITES........................................................................ 5-1
5.1 Introduction ....................................................................................................................... 5-1
5.2 Regional Housing Needs Allocation .............................................................................. 5-1
5.3 Overview of Sites Inventory............................................................................................ 5-4
5.4 Capacity Analysis............................................................................................................. 5-17
5.5 Additional Opportunities for Residential Development and Affordable Housing ... 5- 65 5.6 Summary and Conclusions ............................................................................................ 5-66
6.0 AFFH ANALYSIS OF SITES ................................................................................... 6-1
6.1 Site Inventory Analysis Requirements ........................................................................... 6-1
6.2 Potential Effect on Access to Opportunity ................................................................. 6-6
6.3 Potential Effect on Patterns of Integration and Segregation ................................... 6-15
6.4 Potential Effect on Special Needs Households .......................................................... 6-22
6.5 Potential Effect on Disproportionate Housing Needs and Displacement Risk .... 6-25
6.6 Summary and Conclusions ............................................................................................ 6-30 EMC Planning Group Inc.
7.0 ENERGY CONSERVATION................................................................................... 7-1
7.1 Introduction ...................................................................................................................... 7-1
7.2 Opportunities for Energy Conservation ....................................................................... 7-1
7.3 Housing Element Programs Related to Energy Efficiency........................................ 7-3 Appendices
Appendix A Review of Previous Housing Element
Appendix B Outreach and Public Participation
Appendix C City of Newman CDBG Projects
Tables
Table 1-1 Regional Housing Needs Allocation .......................................................................... 1-3 Table 2-1 Quantified Objectives................................................................................................... 2-2 Table 2-2 Reused Sites Subject to Ministerial Approval with 20 Percent Affordable .......... 2-6 Table 2-3 Northwest Newman Master Plan Phasing, 2026-2031............................................ 2-8 Table 2-4 Sites to be Rezoned and/or Change Land Use Designation ................................ 2-14 Table 2-5 Place-Based Infrastructure Projects.......................................................................... 2-30 Table 3-1 Population Growth by Jurisdiction, 2010-2019........................................................ 3-6 Table 3-2 Population Projection, Newman, 2020-2050............................................................ 3-6 Table 3-3 Population Age Distribution by Jurisdiction, 2019 .................................................. 3-8 Table 3-4 Housing Forecast by Jurisdiction, 2020-2050........................................................... 3-8 Table 3-5 Employment Growth Forecast by Jurisdiction, 2020-2050.................................. 3-11 Table 3-6 Employment by Sector, Newman, 2010 and 2019................................................. 3-12 Table 3-7 Unemployment Rate, Newman, 2019...................................................................... 3-15 Table 3-8 Regional Housing Needs Allocation 2023 – 2031.................................................. 3-16 Table 3-9 Occupations by Mean Salary, Stanislaus County, 2019 ......................................... 3-17 Table 3-10 Population by Race by Jurisdiction, 2019 ................................................................ 3-20 Table 3-11 Dissimilarity Indices, Stanislaus County, 2000-2020.............................................. 3-21 Table 3-12 Dissimilarity Indices, Newman, 2000-2020............................................................. 3-25 Table 3-13 Employment Status by Disability Status, Stanislaus County, 2019...................... 3-27 Table 3-14 Tenure by Household Type and Presence of Children, Stanislaus County, 2019................................................................................................................ 3-30 Table 3-15 Maximum Household Income by Household Size, Stanislaus County, 2022.... 3-34 Table 3-16 Households by Affordability, Newman, 2015-2019 .............................................. 3-40 Table 3-17 Overview of Special Needs Groups......................................................................... 3-59 Table 3-18 Extremely Low-Income Households, Newman, 2015-2019 ................................ 3-60 Table 3-19 Disability Status by Age, Newman, 2021................................................................. 3-67 EMC Planning Group Inc.
Table 3-20 Population with Developmental Disabilities by Age, Newman, 2021................. 3-68 Table 3-21 Population with Developmental Disabilities by Residence, Newman, 2021...... 3-68 Table 3-22 Homeless Population, 2018-2023 ............................................................................. 3-79 Table 3-23 Homelessness by Household Type and Shelter Status, Stanislaus County, 2022 ................................................................................................................ 3-80 Table 3-24 Housing Unit Growth Trends by Jurisdiction, 2010-2019.................................... 3-91 Table 3-25 Housing Units by Type by Jurisdiction, 2019.......................................................... 3-92 Table 3-26 Housing Units by Type and Tenure, Newman, 2019 ............................................. 3-93 Table 3-27 Household Size by Tenure by Jurisdiction, 2019 .................................................... 3-94 Table 3-28 Vacant Housing Units by Type, Newman, 2019..................................................... 3-96 Table 3-29 Housing Permits by Income Group, Newman, 2015-2021 .................................. 3-97 Table 3-30 Assisted Units At-Risk of Conversion, Newman, 2023......................................... 3-98 Table 3-31 Median Home Value by Jurisdiction, 2019-2022.................................................. 3-104 Table 3-32 Average Rent by Number of Bedrooms, Newman, 2023 ................................... 3-104 Table 3-33 Housing Affordability, Newman, 2022 .................................................................. 3-105 Table 3-34 Fair Housing Issues, Contributing Factors, and AFFH Programmatic Actions ........................................................................................................................ 3-116 Table 4-1 Residential Land Use Designations ............................................................................. 4-2 Table 4-2 Base Residential Development Standards.................................................................. 4-6 Table 4-3 Parking Requirements for all Residential Uses.......................................................... 4-8 Table 4-4 Newman Permitted Housing Types.......................................................................... 4-11 Table 4-5 Potential Sites for Emergency Shelters..................................................................... 4-18 Table 4-6 City of Newman Planning Fees................................................................................. 4-23 Table 4-7 City of Newman Building Fees.................................................................................. 4-25 Table 4-8 City of Newman Residential Development Impact Fees...................................... 4-26 Table 4-9 Estimate of Total Residential Development Fees Imposed.................................. 4-27 Table 4-10 Permit Processing Times............................................................................................ 4-29 Table 4-11 Required Improvements for Residential Development ......................................... 4-34 Table 5-1 Regional Housing Needs Allocation – 2023–2031................................................... 5-2 Table 5-2 Capacity to Accommodate 2023-2031 RHNA.......................................................... 5-3 Table 5-3 Master Plan Areas........................................................................................................... 11 Table 5-4 Vacant and Underutilized Sites (Not including Master Plan Areas or Pipeline Projects)......................................................................................................... 5-13 Table 5-5 Residential Land Uses, Northwest Newman Master Plan..................................... 5-19 Table 5-6 Northwest Newman Master Plan Phasing, 2026-2031 .......................................... 5-20 Table 5-7 Site 4 Development Details........................................................................................ 5-30 Table 5-8 Site 5 Development Details........................................................................................ 5-31 Table 5-9 Site 6 Development Details........................................................................................ 5-32 Table 5-10 Site 7 Development Details........................................................................................ 5-33 Table 5-11 Site 8 Development Details........................................................................................ 5-35 EMC Planning Group Inc.
Table 5-12 Site 8 Capacity Assumptions ..................................................................................... 5-35 Table 5-13 Site 9 Development Details....................................................................................... 5-36 Table 5-14 Site 10 Development Details..................................................................................... 5-37 Table 5-15 Site 10 Capacity Assumptions................................................................................... 5-38 Table 5-16 Site 11 Development Details..................................................................................... 5-39 Table 5-17 Site 11 Capacity Assumptions................................................................................... 5-40 Table 5-18 Site 12 Development Details..................................................................................... 5-42 Table 5-19 Site 12 Capacity Assumptions................................................................................... 5-42 Table 5-20 Site 13 Development Details..................................................................................... 5-44 Table 5-21 Site 13 Capacity Assumptions................................................................................... 5-44 Table 5-22 Site 14 Development Details..................................................................................... 5-46 Table 5-23 Site 14 Capacity Assumptions................................................................................... 5-46 Table 5-24 Sites 15A & 15B Development Details.................................................................... 5-48 Table 5-25 Sites 15A & 15BCapacity Assumptions................................................................... 5-48 Table 5-26 Site 16 Development Details..................................................................................... 5-50 Table 5-27 Site 16 Capacity Assumptions................................................................................... 5-50 Table 5-28 Site 17 Development Details..................................................................................... 5-52 Table 5-29 Site 17 Capacity Assumptions................................................................................... 5-52 Table 5-30 Site 18 Development Details..................................................................................... 5-53 Table 5-31 Site 18 Capacity Assumptions................................................................................... 5-54 Table 5-32 Site 19 Development Details..................................................................................... 5-55 Table 5-33 Site 19 Capacity Assumptions................................................................................... 5-56 Table 5-34 Site 20 Development Details..................................................................................... 5-58 Table 5-35 Site 20 Capacity Assumptions................................................................................... 5-58 Table 5-36 Site 21 Development Details..................................................................................... 5-60 Table 5-37 Site 21 Capacity Assumptions................................................................................... 5-60 Table 5-38 Site 22 Development Details..................................................................................... 5-62 Table 5-39 Site 22 Capacity Assumptions................................................................................... 5-62 Table 5-40 Site 23 Development Details..................................................................................... 5-63 Table 5-41 Accessory Dwelling Unit Intentions to Construct 2023-2031 ............................. 5-66 Table 6-1 AFFH Indicators Table, Census Tract 35.01............................................................ 6-2 Table 6-2 AFFH Indicators Table, Census Tract 35.02............................................................ 6-4 Table 6-3 Site Inventory Unit Count by TCAC/HCD Opportunity Area, 2021 .................. 6-6 Table 6-4 Site Inventory Unit Count by TCAC/HCD Economic Opportunity, 2021 ........ 6-9 Table 6-5 Site Inventory Unit Count by Diversity Index, 2023............................................. 6-16 Table 6-6 Site Inventory Unit Count by Median Income and Poverty Status ..................... 6-21 Table 6-7 Sites Inventory Unit Count by Female-Headed Households ............................... 6-22 Table 6-8 Sites Inventory Unit Count by Population with a Disability ................................ 6-23 Table 6-9 Sites Inventory Unit Count by Overcrowding ........................................................ 6-26 EMC Planning Group Inc.
Table 6-10 Site Inventory Unit Count by Cost Burdened Renter Households ...................... 6-28 Table 7-1 Programs and Incentives for Residential Properties in Stanislaus County ........... 7-2 Table 7-2 Federally Funded Programs and Incentives for Residential Properties ................. 7-3 Figures
Figure 3-1 Major Public and Legal Actions that Influence Fair Access to Housing ................. 5 Figure 3-2 Population Distribution by Age, Newman, 2010-2019............................................ 3-7 Figure 3-3 Household by Type by Jurisdiction, 2019 .................................................................. 3-9 Figure 3-4 Changes in Household Types, Newman, 2010-2019 ............................................. 3-10 Figure 3-5 Households by Household Size by Jurisdiction, 2019 ........................................... 3-11 Figure 3-6 Worker Earnings by Place of Residence & Place of Work, Newman, 2019....... 3-14 Figure 3-7 Jobs by Industry by Jurisdiction, 2019 ...................................................................... 3-15 Figure 3-8 Population by Race in Newman Compared to Stanislaus County, 2019 ............ 3-19 Figure 3-9 Percent Non-White Population, 2018 ...................................................................... 3-22 Figure 3-10 Predominant Population, 2017-2021........................................................................ 3-23 Figure 3-11 Population by Race, Newman, 2010-2019............................................................... 3-24 Figure 3-12 Diversity Index, 2018.................................................................................................. 3-26 Figure 3-13 Percentage of Population with One or More Disabilities, Stanislaus County, 2019 ................................................................................................................ 3-28 Figure 3-14 Percent of Children in Female-Headed Household, No Spouse/Partner, Stanislaus County, 2019.............................................................................................. 3-31 Figure 3-15 Adults in Households Living Alone, Stanislaus County, 2019 ............................. 3-32 Figure 3-16 Median Household Income, 2015-2019................................................................... 3-36 Figure 3-17 Median Household Income, 2017-2021................................................................... 3-37 Figure 3-18 Low and Moderate Income Population, Stanislaus County .................................. 3-38 Figure 3-19 Households by Income Level by Jurisdiction, 2015-2019..................................... 3-39 Figure 3-20 Median Household Income by Jurisdiction, 2019 .................................................. 3-40 Figure 3-21 Income by Category, Newman, 2019 ....................................................................... 3-41 Figure 3-22 Housing Tenure by Jurisdiction, 2019 ...................................................................... 3-41 Figure 3-23 High Segregation and Poverty (R/ECAP), 2023 .................................................... 3-44 Figure 3-24 RCAA by Census Tract, 2015-2019.......................................................................... 3-45 Figure 3-25 Housing Problems by Tenure, Newman, 2015-2019............................................. 3-47 Figure 3-26 Severe Housing Problems by Tenure, Newman, 2015-2019 ................................ 3-47 Figure 3-27 Overcrowded Households, 2015-2019..................................................................... 3-49 Figure 3-28 Overcrowded Households, 2017-2021..................................................................... 3-50 Figure 3-29 Overcrowding by Severity by Jurisdiction, 2019..................................................... 3-51 Figure 3-30 Overcrowding by Tenure and Severity, Newman, 2019........................................ 3-51 Figure 3-31 Cost Burden by Home Owners, 2015-2019 ............................................................ 3-53 Figure 3-32 Cost Burden by Home Owners, 2017-2021 ............................................................ 3-54 EMC Planning Group Inc.
Figure 3-33 Cost Burden by Renter Households, 2015-2019.................................................... 3-55 Figure 3-34 Cost Burden by Renter Households, 2017-2021.................................................... 3-56 Figure 3-35 Cost Burden Severity by Jurisdiction, 2015-2019................................................... 3-57 Figure 3-36 Cost Burden by Tenure, Newman, 2015-2019 ....................................................... 3-58 Figure 3-37 Percent Living Below the Poverty Line by Race and Ethnicity, Newman, 2019............................................................................................................. 3-62 Figure 3-38 Senior Population by Jurisdiction, 2019 .................................................................. 3-64 Figure 3-39 Senior Housing by Tenure, Newman, 2019 ............................................................ 3-64 Figure 3-40 Senior Households by Income, Newman, 2019 ..................................................... 3-65 Figure 3-41 Population by Disability Status by Jurisdiction, 2019 ............................................ 3-66 Figure 3-42 Trends in Persons with Disabilities, Newman, 2012-2019 ................................... 3-67 Figure 3-43 Households by Size and Tenure, Newman, 2019 ................................................... 3-70 Figure 3-44 Housing Stock by Number of Bedrooms, Newman, 2021 ................................... 3-71 Figure 3-45 Single-Parent Households by Jurisdiction, 2019..................................................... 3-72 Figure 3-46 Trends in Single-Parent Households, Newman, 2010-2019................................. 3-73 Figure 3-47 Female-Headed Family Households by Poverty Status, Newman, 2019............ 3-73 Figure 3-48 Hired Farm Labor, Stanislaus County, 2002-2017................................................. 3-75 Figure 3-49 Population with Limited English Proficiency, 2019 .............................................. 3-81 Figure 3-50 TCAC Opportunity Composite Score, 2023 ........................................................... 3-84 Figure 3-51 TCAC Economic Opportunity, 2022....................................................................... 3-86 Figure 3-52 TCAC Educational Opportunity, 2022 .................................................................... 3-87 Figure 3-53 TCAC Environmental Opportunity, 2022 .............................................................. 3-89 Figure 3-54 Social Vulnerability Index, 2018 ............................................................................... 3-90 Figure 3-55 Housing by Type, Newman, 2010, 2015, 2019....................................................... 3-92 Figure 3-56 Household Tenure by Income Level, Newman, 2015-2019................................. 3-94 Figure 3-57 Household Tenure by Race, Newman, 2019 .......................................................... 3-95 Figure 3-58 Vacancy Rates by Jurisdiction, 2019......................................................................... 3-96 Figure 3-59 Displacement Risk, 2022.......................................................................................... 3-100 Figure 3-60 Housing Stock Age, Newman, 2019 ...................................................................... 3-101 Figure 3-61 Targeted Rehabilitation Areas, 2024 ...................................................................... 3-103 Figure 3-62 Public Housing Buildings by Census Tract, 2021 ................................................ 3-106 Figure 3-63 Housing Choice Vouchers by Census Tract, 2021 ............................................... 3-107 Figure 3-64 FHEO Cases Total, 2013-2022............................................................................... 3-111 Figure 4-1 100-Year and 500-Year Flood Zones, Newman..................................................... 4-42 Figure 4-2 Fire Hazard Severity Zones, Stanislaus County...................................................... 4-43 Figure 5-1 Newman Housing Sites Inventory Overview ........................................................... 5-5 Figure 5-2 Single-Family Homes Sold in Newman, 2022 ........................................................ 5-16 Figure 5-3 Single-Family Homes Sold in Newman, 2023 ........................................................ 5-16 Figure 5-4 Northwest Newman Master Plan Project Area ...................................................... 5-17 EMC Planning Group Inc.
Figure 5-5 Northwest Master Plan Land Use Diagram............................................................. 5-18 Figure 5-6 Northwest Newman Master Plan Housing Sites .................................................... 5-23 Figure 5-7 Mattos Ranch Subdivision Phase 2 Project Site...................................................... 5-27 Figure 5-8 Mattos Ranch Phase 2 Subdivision Map (Residential Only) ................................. 5-28 Figure 5-9 Mattos Ranch Phase 1 Subdivision Map (note rotated north arrow) .................. 5-64 Figure 6-1 Sites Inventory Analysis by TCAC/HCD Opportunity Areas ............................... 6-7 Figure 6-2 Sites Inventory Analysis by TCAC/HCD Economic Opportunity ..................... 6-10 Figure 6-3 Sites Inventory Analysis by TCAC/HCD Educational Opportunity .................. 6-12 Figure 6-4 Sites Inventory Analysis by TCAC/HCD Environmental Health....................... 6-14 Figure 6-5 Sites Inventory Analysis by Predominant Population ............................................ 6-17 Figure 6-6 Sites Inventory Analysis by Median Income ........................................................... 6-19 Figure 6-7 Sites Inventory Analysis by Poverty Status.............................................................. 6-20 Figure 6-8 Sites Inventory Analysis by Population with a Disability ...................................... 6-24 Figure 6-9 Sites Inventory Analysis by Overcrowding.............................................................. 6-27 Figure 6-10 Sites Inventory Analysis by Cost Burdened Renter Households.......................... 6-29 Executive Summary ES-1 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 City of Newman
2023–2031 Housing Element
Executive Summary
The City of Newman’s 2023-2031 Housing Element describes housing needs and conditions in the city and establishes goals, policies, and programmatic actions to improve future housing opportunities. The Housing Element update serves as an important opportunity to address identified needs and outline strategies to improve the quality of living environments in Newman.
The Housing Element serves several important functions:
Assesses the city’s housing conditions and housing needs of its residents; Implements citywide goals, policies, and programs related to housing; and Establishes a workplan for accommodating projected housing unit demand for existing and future residents over the next eight years.
The City of Newman is committed to improving access to safe and high-quality housing for residents across all income levels. The Housing Element lays out the City’s plan for removing barriers to housing production to counter identified housing shortages and helps ensure that the City is planning for its fair share of affordable housing. Promoting a diverse housing stock, increasing the feasibility of development of infill and underused sites throughout the city, and focusing the greatest amount of new housing at all income levels near transit and jobs are some strategies needs for the City to meet its housing commitment and continue to affirmatively further fair housing in Newman.
Chapter 1.0 Introduction
The purpose of the introduction is to establish the framework of the Housing Element with the following information.
1.1 California’s Housing Crisis
This section includes a brief overview of the current state of housing in California, and the role that the City of Newman plays in providing housing for its community.
Executive Summary ES-2 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024
1.2 Regional Housing Needs Allocation (RHNA)
In August 2022, the Stanislaus Council of Governments (StanCOG) issued its Final 6th Cycle Regional Housing Needs Allocation Plan. The City of Newman’s assigned RHNA to be planned for the 6th cycle is 1,048 units, a substantial increase from the 778 units assigned in the 5th cycle.
1.3 Affirmatively Furthering Fair Housing
This section provides an overview of Assembly Bill 686 (AB 686), which established an independent state mandate to affirmatively further fair housing (AFFH). Additionally, this section provides requirements of AB 686 and a brief overview of segregation patterns in Stanislaus County and Newman.
1.4 Overview of Planning Efforts
This section provides an overview of planning and legislative efforts taken throughout the 5th cycle, and provides context for the development of the 6th Cycle Housing Element.
1.5 Public Participation
This section provides a summary of the efforts the City of Newman has made to engage all economic segments of the community in the development and update of the housing element, including formal consultation with local Tribes. The following methods of outreach have been conducted so far:
Development of a dedicated Housing Element update website, www.engage.emcplanning.com/newmanhousingelementupdate;
Property Owner Interest Form;
Stakeholder Survey;
Housing Element Informational Mailer;
Local newspaper advertisements;
August 22, 2023 City Council Meeting; and
October 24, 2023 City Council Meeting.
Chapter 2.0 Goals, Policies, and Programs
The purpose of this chapter is to present the City of Newman’s housing goals, policies, and programs for the 2023-2031 planning period to maintain, preserve, improve and develop housing.
Executive Summary ES-3 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024
2.1 Introduction
The City has identified the following five (5) goals to enable the construction of quality housing:
Goal 1: Facilitate Housing Construction
Goal 2: Preserve and Improve the Existing Housing Stock Goal 3: Exemplify Sustainable Development and Energy Conservation Goal 4: Provide New Affordable and Other Special Needs Housing Goals 5: Publicize Housing Needs and Resources
2.2 What’s New
This section provides an overview of significant new policy and program directions being taken by the City of Newman to address housing issues in the community and the larger region. Specifically, new policy directions for the City of Newman are focused on affirmatively furthering fair housing.
2.3 Program Overview and Quantified Objectives
This section reports projected quantified objectives for the City of Newman during the 6th cycle.
2.4 Goals, Policies, and Programs
The purpose of this section is to set forth goals, policies, and programs to further the development of housing for all income levels in the community.
Included with Chapter 2 is Attachment – City of Newman CDBG Projects.
Chapter 3.0 Housing Needs & Fair Housing Report
3.1 Introduction
This report provides both the City of Newman Housing Needs Assessment and Fair Housing Assessment. This analysis primarily utilizes U.S. Census Bureau American Community Survey (ACS) 5-Year Estimate data and California Department of Housing and Community Development (HCD) data. Data is primarily reported for the year of 2019, however, due to mapping resources provided by the HCD AFFH Data Viewer, data is also reported for 2022 and 2023.
3.2 Population, Employment and Household Characteristics This section provides an analysis of population characteristics and local trends that affect housing demand in Newman. The following are key findings related to population, employment and household characteristics in Newman:
Executive Summary ES-4 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Population projections estimate that Newman will increase by 36 percent by 2050, indicating that it must proactively plan for such a population expansion; The city is demographically diverse, with 70 percent of the population Hispanic, 27 percent nonHispanic White, 2 percent Black or African American, 1 percent Asian, and 0.7 percent some other race or two or more races;
The most populous age groups in the City appear to be individuals 5-14 years of age and 25-34 years of age;
The median age in Newman is 33 years old;
Newman’s predominant household according to size is 3-4 person households (38 percent) followed by 2-person households (26 percent); and
The city is a desirable place for Bay Area households seeking affordable housing with the ability to commute for work. However, locally, there is a lack of economic opportunity for local residents.
3.3 Disproportionate Housing Needs
This section details housing problems including, overcrowding and cost burden among households in Newman according to the Census Bureau Comprehensive Housing Affordability Strategy (CHAS). The following provides key findings related to disproportionate housing needs in Newman:
52 percent of Newman renter households have at least one of four housing problems, and 31 percent have at least one of four severe housing problems; 15 percent of Newman renter households experience overcrowding; and 36 percent of Newman renter households are cost burdened, of which 15 percent are severely cost burdened (spending more than 50 percent of income on housing).
3.4 Special Needs Groups
This section provides an overview of special needs groups in Newman and programs intended to address these groups. The following are key findings related to special needs groups in Newman:
Extremely Low-Income households (0-30% of AMI) makeup 5 percent of all households in Newman;
Senior owner-occupied households makeup 16 percent of all households, and senior renteroccupied households makeup 5 percent of all households; Persons with disabilities makeup 11 percent of the total population in Newman; Large households makeup 21 percent of all households; There are approximately 12,713 farmworkers living in the County; Executive Summary ES-5 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Single-parent households makeup 28 percent of all households; People living in poverty makeup 7 percent of the total population in Newman; and Persons with limited English proficiency makeup 10 percent of the total population in Newman.
3.5 Access to Opportunity
This section discusses disparities in access to opportunity among protected classes including access to quality education, employment, transportation, and environment in Newman. Overall, Newman is categorized as a moderate resource area (2023).
3.6 Housing Stock Characteristics
This section provides an in-depth analysis of the housing stock in Newman to determine how/if the current the housing stock meets the needs of existing and future residents. The following provides key findings related to housing stock in Newman:
Housing unit growth in Newman between 2010-2019 was 4 percent; 86 percent of housing units in Newman are single-family detached, followed by 11 percent multifamily; and
The median home value in 2022 was $420,066 – a 31 percent change from 2019.
3.7 Fair Housing Enforcement and Outreach Capacity
This section discusses fair housing legal cases and inquiries, fair housing protections and enforcement, and outreach capacity.
3.8 Fair Housing Recommendations
This section identifies fair housing issues, contributing factors, and implementation programs to support a solution-oriented approach to affirmatively furthering fair housing. The following are key details.
Fair Housing Issues
Renter-occupied households are disproportionately impacted by cost burden and overcrowding; Special needs groups experience disproportionate impacts of poverty, overcrowding, cost burden and challenges in obtaining housing;
Newman’s housing stock has been negatively impacted by the lack of housing construction during the 5th cycle, and does not provide a diversity of housing options to meet the needs of various households;
Access to employment opportunities is low in Newman due to a lack of jobs in the City; and Fair housing enforcement lacks outreach and resource publication to inform community members of their rights.
Executive Summary ES-6 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Prioritized Contributing Factors
Lack of affordable housing (high priority);
Lack of diverse housing stock (high priority);
Limited housing construction (high priority);
Limited economic opportunity (medium priority);
Lack of City promotion of fair housing resources and outreach (medium priority); and Lack of effective programmatic action and City resources (medium priority).
Chapter 4.0 Housing Constraints
4.1 Introduction
This chapter provides and analysis of governmental and nongovernmental constraints upon the maintenance, improvement, or development of housing for all incomes, per State law. To address identified constraints, the City has included several programs to assist prospective homebuyers with acquiring housing, encourage prospective developers to move forward on development proposals, and explore initiatives to promote the construction of a diverse housing stock.
4.2 Governmental Constraints
This section analyzes key land use controls that have an impact on housing development in Newman. This includes a discussion of the General Plan Land Use Element, the zoning code, fees and exactions, permit processing, building codes, improvement standards, and parking regulations.
The following are necessary General Plan land use redesignations and Zoning Code changes as identified in relation to governmental constraints in Newman:
Amend its General Plan Land Use Diagram and/or the Zoning Map to ensure that sites identified in the City’s housing site inventory are available to accommodate the City’s shortfall to meet RHNA (see Chapter 2);
Amend the Zoning Ordinance to include ministerial, non-discretionary approval for sites requiring land use and/or zoning amendments;
Amend the Zoning Ordinance to include ministerial, non-discretionary approval of previously reused sites, where there is developer interest in including at least 20 percent affordable housing (see Chapter 2);
The City shall add Section 5.05.070 (Housing Element Implementation Standards) to the Newman City Code requiring that sites rezoned to R-3 as a result of Housing Element Program H-1 of the 2009 Housing Element will permit rental and owner multifamily residential development exclusively and without discretionary review at a minimum density of 20 dwelling units per acre and a maximum density of 30 dwelling units per acre in the R-3 zoning district; Executive Summary ES-7 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Amend Title 5 to:
Remove minimum lot sizes within all residential zones to instead rely on General Plan designations for density allowance;
Add Section 5.05.070 (Housing Element Implementation Standards) to the Newman City Code requiring that sites rezoned to R-3 permit rental and owner multi-family residential development by-right, requiring no discretionary review process, such as conditional use or design review; Establish a minimum density in R-3 Zone permitting a minimum density of 20 dwelling units per acre;
Prohibit construction of new single-family homes within the R-3 district; Comply with new Density bonus State law;
Allow upper-story residential uses in all commercial zoning districts as a permitted use (i.e., no conditional use permit required) with a maximum base density of 30 du/ac; Acknowledge and facilitate ministerial approvals under the SB 9 mandate; Reduce parking standards for new residential development as follows:
• Studio apartment to one bedroom: one onsite parking space; • Two to three bedrooms: two onsite parking spaces; and • Four or more bedrooms: two and one-half onsite parking spaces. Permit single-room occupancies (SRO) by-right, requiring no discretionary review in all mixeduse districts (C-1, C-2, and P-O) and R-3 Zone; Eliminate open space and parking requirements specifically for SROs in C-1, C-2, P-O, and R-3 Zoning Districts;
Reduce minimum FAR for residential uses in all zones that allow residential uses to permit a minimum FAR of 250 square feet;
Define transitional and supportive housing in accordance with SB 745 as follows: “Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.” “Transitional housing” means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.”;
Executive Summary ES-8 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Explicitly permit transitional and supportive housing in all zones allowing residential uses and only subject to the requirements of other residential uses of the same type in the same zone; Permit supportive housing as a use by-right in zones where multi-family and mixed uses are permitted, including nonresidential zones permitting multi-family uses pursuant to Government Code Section 65583(a)(5));
Update the definition of emergency shelters to comply with AB 2339 of 2022; Reduce minimum lot size requirement from 20,000 square feet to 2,500 square feet, requiring no CUP, and reduce the required minimum lot width from 100 feet to 50 feet in the M Zoning District, specifically for the construction of emergency shelters; Establish parking requirements for emergency shelters in compliance with AB 139, ensuring there is sufficient parking to accommodate all staffing working in the emergency shelter, provided that standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone;
Permit large residential care facilities of seven (7) or more persons in the same zones as small residential care facilities (R-1, R-2/R-2S, and R-3) by-right, requiring no CUP; and Define Low-Barrier Navigation Center, and develop by-right procedures for processing low barrier navigation centers in areas zoned for mixed-use and nonresidential zones permitting multifamily uses.
With the changes described above, the City of Newman would have a body of local development regulations that support the development of affordable housing and that do not pose any undue constraint on the development housing for all income groups.
4.3 Non-Governmental Constraints
This section analyzes economic and market related conditions such as the cost of land, construction costs, the availability of financing, and also environmental hazards. The following are key findings related to non-governmental constraints in Newman:
The relatively low cost of land and its availability for housing development make housing development more affordable in Newman than in many other parts of California, especially coastal California;
The cost of building materials continues to fluctuate and affects the price of housing, but there is no easy solution available at the local jurisdiction level to bring the cost of building materials down; and
The City is located in a relatively flat area that is not prone to flooding and does not contain large forested areas or active earth quake faults.
Executive Summary ES-9 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 In conclusion, there exists no non-governmental constraints that pose an undue constraint on the development of affordable housing in the City of Newman.
Chapter 5.0 Vacant Sites and Available Sites
5.1 Introduction
The purpose of this chapter is to provide an overview of housing sites and opportunities in the City of Newman for the 6th Cycle Housing Element.
5.2 Regional Housing Needs Allocation (RHNA)
This section provides an overview of the City’s 6th cycle RHNA allocation, which is 1,048 units, in addition to housing units permitted to date that will go towards their RHNA. The following are key details related to Newman’s RHNA:
Newman’s 6th cycle RHNA is 1,048 units; of which 197 units are assigned to very low-income, 136 units are assigned to low-income, 218 units are assigned to moderate-income, and 497 units are assigned to above moderate-income; and
The site inventory accommodates a RHNA buffer of 186 percent.
5.3 Site Inventory
The purpose of this section is to identify and analyze specific sites that are available and suitable for residential development from 2023-2031 in order to accommodate Newman’s RHNA of 1,048 new housing units. The following are key details related to the site inventory for Newman’s 6th Cycle Housing Element Update:
A total of 23 housing opportunity sites have been identified to meet the 6th cycle RHNA; The housing site inventory accommodates the following unit capacity for each income category:
293 very low-income, 185 low-income, 308 moderate-income, and 1,043 above-moderate income; and
A total of 116 ADUs are planned for development.
5.4 Summary and Conclusions
This section provides an overview of the vacant and available site inventory to meet Newman’s 6th cycle RHNA goals. The following are key details related to the site inventory in Newman:
The housing site inventory is accommodated through vacant, non-vacant, and underutilized sites, of which accommodate RHNA buffer of 186 percent; Executive Summary ES-10 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Many sites in the housing site inventory were used in the 4th and 5th cycle housing elements and will now require only ministerial review for projects that include 20 percent or more units affordable to lower income households; and
Up-zoning of several sites is part of the plan to accommodate for an unmet need of housing unit construction for lower income households.
Chapter 6.0 AFFH Analysis of Sites
6.1 Site Inventory Analysis Requirements
Per Assembly Bill (AB) 686, this chapter analyzes the location of lower-income sites included in the site inventory in relation to areas of high opportunity, segregated concentrations of poverty, concentrations of special needs households, and concentrations of disproportionate housing needs and displacement risk.
6.2 Potential Effect on Access to Opportunity
This section analyzes the location of lower-income sites in relation to resource areas based on a composite score of economic, education, and environmental factors that have the ability to perpetuate poverty and segregation. The following are key findings:
All census tracts (35.01 and 35.02) in Newman are designated low resource areas, meaning all anticipated housing opportunity units are located in areas with inadequate access to resources; There are no areas within Newman that have high segregation or high rates of poverty; and The City has developed a suite of city-wide place-based strategies, which utilize targeted investment to improve and support community assets and infrastructure, educational and economic opportunities, and environmental health outcomes (Programs 4.7, 5.6, 5.7, and 5.8, see Chapter 2).
6.3 Potential Effect on Patterns of Integration and Segregation This section analyzes the location of lower-income sites in relation to patterns of integration and segregation based on diversity levels, median household income, and poverty status. The following are key findings:
All anticipated housing opportunity units across all income levels are planned in census tracts that have diverse existing populations (receiving an index score between 70 to 85 percent); Census Tract 35.01 has an approximate median household income of $90,810 and a poverty rate of 10.3 percent. This census tract is anticipated to accommodate 1,518 units, of which 37 percent are lower-income;
Executive Summary ES-11 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Census Tract 35.02 has an approximate median household income of $63,454 and a poverty rate of 4.8 percent. This census tract is anticipated to accommodate 442 units, of which 58 percent are lower-income; and
The City has identified Program 5.6 as part of a city-wide place-based strategy, which involves partnering with the Newman Chamber of Commerce and other community-based organizations to expand job opportunities in Newman (see Chapter 2).
6.4 Potential Effect on Special Needs Households
This section analyzes the location of lower-income sites in relation to concentrations of special needs households including female-headed households and persons living with a disability. These groups were chosen due to their prominent presence in Newman. The following are key findings:
According to 2021 ACS data, female-headed households comprise 13.7 percent of all households in Newman;
Between Census Tract 35.01 (13.2 percent) and Census Tract 35.02 (13.7 percent) there is a 0.5 percentage point difference in female-headed households; Both census tracts in Newman have a population of 10 percent or less living with a disability; Seventy-seven (77) percent of anticipated housing opportunity units are located in Census Tract
35.01 where approximately 6 percent of households live with a disability; and Increasing housing supply across the city is expected to mitigate the overpayment, housing scarcity, and displacement that lower-income persons, single-parent households, and persons living with disabilities are susceptible to.
6.5 Potential Effect on Disproportionate Housing Needs and Displacement Risk
This section analyzes the location of lower-income sites in relation to concentrated disproportionate housing needs and displacement risk including household overcrowding and cost burden. The following are key findings:
Between Census Tract 35.01 (3.4 percent) and Census Tract 35.02 (4.4 percent) there is a 1 percentage point difference in household overcrowding; and Seventy-seven (77) percent of anticipated housing opportunity units are located in Census Tract
35.01, where approximately 53 percent of renter household experience cost burden; and Increasing the supply of lower-income housing in a variety of typologies is intended to address existing needs for affordable housing and lower concentrations of overcrowding and renter cost burden.
Executive Summary ES-12 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024
6.6 Summary and Conclusions
This section provides a brief summary of the potential impacts the site inventory may have on existing and future conditions. Overall, the sites inventory includes sites distributed throughout the city and are anticipated to mitigate segregated patterns of development and increase opportunities through integration of affordability levels for housing units.
Chapter 7.0 Energy Conservation
7.1 Introduction
This chapter summarizes opportunities for energy conservation in the construction of housing in the City of Newman.
7.2 Opportunities for Energy Conservation
This section reports energy conservation opportunities the City supports to assist community members in reducing utility related housing costs.
7.3 Housing Element Programs Related to Energy Efficiency This section details programs identified in the housing element that commit the City to sustainable and conservative energy usage. The following programs have been identified to address energy conservation in Newman:
Program 3.1 – Weatherization Outreach
Program 3.2 – Green Building Standards
Appendix A: Review of the Previous Housing Element
This appendix provides a comprehensive review of the City’s progress in implementing 2015-2023 policies and programs. This comprehensive review includes identifying programs that require modification in order to achieve greater success in the next eight-year planning period.
Appendix B: Outreach & Public Participation
This appendix provides a comprehensive review of all community outreach conducted throughout the preparation of Newman’s 6th Cycle Housing Element Update including surveys, community meetings, online engagement, and the distribution of public notices. Additionally, this appendix includes the contact information of organizations, tribal units, and other stakeholders that have been contacted. Public outreach and engagement are ongoing and this appendix is subject to additions throughout the planning process. The following attachments are included with Appendix B:
Executive Summary ES-13 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Attachment A – Public Draft Comment Report
Attachment B – Stakeholder Survey Report
Attachment C – Outreach Materials
Executive Summary ES-14 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 This side intentionally left blank.
Chapter 1.0 – Introduction 1-1 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024
1.0 Introduction
1.1 Introduction
The City of Newman is a small community that is located in an agriculturally rich and naturally beautiful area in the San Joaquin Valley. Located on California Highway 33 and just a few miles east of Interstate 5, residents and visitors alike travel to and from Newman with ease. The City was founded in 1888 by German immigrant, Simon Newman (Neumann), who first realized the many opportunities destined for the city. The City was incorporated in 1908 and since has honored its past and welcomed future development and opportunity as exemplified by the City’s slogan, “Honoring the Past, Celebrating the Present, Building for the Future.” Embracing the City’s slogan, local businesses, organizations, and community members alike have shaped and upheld the existing social fabric of Newman. However, the long-term vitality of the city depends on the ability of community members to be adequately housed. This means ensuring a variety of housing options at all income levels is available to the people who love and serve the City of Newman.
As Newman builds for the future, developing policies and programs that ensure local community members are able to live in the community they work for and support will be integral. This starts with engaging the community to understand the housing types, affordability levels, and supportive services needed. This Housing Element serves as a continuation of the City’s commitment to ensuring new opportunities for residential development, as well as preserving and enhancing existing neighborhoods.
This 2023-2031 Housing Element represents the City of Newman’s intent to plan for the housing needs of the Newman community while meeting the State's housing goals as set forth in Article 10.6 of the California Government Code. The California State Legislature has identified the attainment of a decent home and a suitable living environment for every Californian as the State's major housing goal. The Newman Housing Element represents a sincere and creative effort to meet local and regional housing needs.
Pursuant to State law, the Housing Element must be updated periodically according to statutory deadlines. This 6th Cycle Housing Element covers the planning period 2023 through 2031 and replaces the City's 5th Cycle Housing Element that covered the period 2015 through 2023.
Chapter 1.0 – Introduction 1-2 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Per State Housing Element law, the document must be periodically updated to:
Outline the community’s housing production objectives consistent with State and regional growth projections;
Describe goals, policies and implementation strategies to achieve local housing objectives; Examine the local need for housing with a focus on special needs populations; Identify adequate sites for the production of housing serving various income levels; Analyze potential constraints to new housing production; Evaluate the Housing Element for consistency with other General Plan elements; and Evaluate Affirmatively Furthering Fair Housing.
1.2 California’s Housing Crisis
The 6th Cycle Housing Element update comes at a critical time because California is experiencing a housing crisis, and as is the case for all jurisdictions in California, Newman is committed to playing its part in meeting the growing demand for housing. In the coming 30-year period, the Stanislaus Council of Governments (StanCOG) region is projected to add 64,266 jobs,1 which represents a 27 percent increase. These changes will increase demand for housing across all income levels, and if the region can’t identify ways to significantly increase housing production, it risks worsening the burden for existing lower-income households, many of whom don’t have the luxury or skill set to move to new a job center but that are nonetheless faced with unsustainable increases in housing cost.
If the region becomes less competitive in attracting high-skilled workers and increasingly unaffordable to lower-income workers and seniors, then social and economic segregation will worsen, only exacerbating historic patterns of housing discrimination, racial bias, and segregation.
This potentiality has become so acute in recent years that the California Legislature addressed the issue with new legislation in 2018. Assembly Bill (AB) 686 requires all state and local agencies to explicitly address, combat, and relieve disparities resulting from past patterns of housing segregation to foster more inclusive communities. This is commonly referred to as Affirmative Furthering Fair Housing, or AFFH.
During the previous 5th cycle (2015-2023) housing element, Newman had little success in meeting its housing needs. The City issued 56 housing permits in the 2015-2023 housing element cycle. This was only a small fraction of Newman’s Regional Housing Needs Allocation (RHNA), which called for the construction of 778 new housing units. Of the units built, 48 were for above moderateincome housing, four (4) were for moderate-income housing, one (1) was for low-income housing, and three (3) were for very low-income housing.
1 Source: Stanislaus County Demographic and Employment Forecast, 2021 Chapter 1.0 – Introduction 1-3 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024
1.3 Regional Housing Needs Allocation
The 2021 Stanislaus County Demographic and Employment Forecast calculates that the StanCOG region will add 50,796 new households between 2020 and 2050, a 28 percent increase. For the eightyear time frame covered by this Housing Element Update, the Department of Housing and Community Development (HCD) has identified the region’s housing need as 34,344 units. The total number of housing units assigned by HCD is separated into four income categories that cover housing types for all income levels, from very low-income households to market rate housing.2 This calculation is based on population projections produced by the California Department of Finance as well as adjustments that incorporate the region’s existing housing need.
All jurisdictions in the StanCOG region received a larger RHNA this cycle compared to the last cycle, primarily due to changes in state law that led to a considerably higher Regional Housing Need Determination (RHND) compared to previous cycles.
In August 2022, StanCOG issued its Final 6th Cycle Regional Housing Needs Allocation Plan. For Newman, the RHNA to be planned for this cycle is 1,048 units, a substantial increase from the last cycle. Table 1-1 shows the RHNA for Newman for the planning period 2023 through 2031.
Table 1-1 Regional Housing Needs Allocation
Income Group Percentage of AMI Share
Extremely Low-Income3 0-30 99
Very Low-Income <50 98
Low Income 51-80 136
Moderate-Income 81-120 218
Above Moderate-Income 121+ 497
Total 1,048
Source: StanCOG Adopted Final Regional Housing Needs Allocation Plan, 2022
1.4 Affirmatively Furthering Fair Housing
In 2018, AB 686, signed in 2018, established an independent state mandate to affirmatively furthering fair housing (AFFH). AB 686 extends requirements for federal grantees and contractors to “affirmatively further fair housing,” including requirements in the federal Fair Housing Act, to 2 HCD divides the RHNA into the following four income categories:
Very Low income: 0-50% of Area Median Income
Low income: 50-80% of Area Median Income
Moderate income: 80-120% of Area Median Income
Above Moderate income: 120% or more of Area Median Income 3 Extremely low-income RHNA is found as a subset within the very low-income category Chapter 1.0 – Introduction 1-4 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 public agencies in California. Affirmatively furthering fair housing is defined specifically as taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity by replacing segregated living patterns with truly integrated and balanced living patterns; transforming racially and ethnically concentrated areas of poverty into areas of opportunity; and fostering and maintaining compliance with civil rights and fair housing laws.
AB 686 requires public agencies to:
Administer their programs and activities relating to housing and community development in a manner to affirmatively further fair housing;
Not take any action that is materially inconsistent with the obligation to affirmatively further fair housing;
Ensure that the program and actions to achieve the goals and objectives of the Housing Element affirmatively further fair housing; and
Include an assessment of fair housing in the Housing Element.
The requirement to Affirmatively Further Fair Housing (AFFH) is derived from The Fair Housing Act of 1968, which prohibited discrimination concerning the sale, rental, and financing of housing based on race, color, religion, national origin, or sex—and was later amended to include familial status and disability. The 2015 U.S. Department of Housing and Urban Development (HUD) Rule to Affirmatively Further Fair Housing and California Assembly Bill 686 (2018) mandate that each jurisdiction takes meaningful action to address significant disparities in housing needs and access to opportunity. AB 686 requires that jurisdictions incorporate AFFH into their Housing Elements, which includes inclusive community participation, an assessment of fair housing, a site inventory reflective of AFFH, and the development of goals, policies, and programs to meaningfully address local fair housing issues.
An AFFH analysis was prepared by EMC Planning Group and is included as Chapter 3 – Housing Needs & Fair Housing Report to this housing element.
Defining Segregation
Segregation is the separation of different demographic groups into different geographic locations or communities, meaning that groups are unevenly distributed across geographic space. This report examines two spatial forms of segregation: neighborhood level segregation within a local jurisdiction and city level segregation between jurisdictions in the StanCOG region.
Neighborhood level segregation (within a jurisdiction, or intra-city): Segregation of race and income groups can occur from neighborhood to neighborhood within a city. For example, if a local jurisdiction has a population that is 20 percent Latino, but some neighborhoods are 80 percent Latino while others have nearly no Latino residents, that jurisdiction would have segregated neighborhoods.
Chapter 1.0 – Introduction 1-5 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 City level segregation (between jurisdictions in a region, or inter-city): Race and income divides also occur between jurisdictions in a region. A region could be very diverse with equal numbers of white, Asian, Black, and Latino residents, but the region could also be highly segregated with each city comprised solely of one racial group.
There are many factors that have contributed to the generation and maintenance of segregation.
Historically, racial segregation stemmed from explicit discrimination against people of color, such as restrictive covenants, redlining, and discrimination in mortgage lending. This history includes many overtly discriminatory policies made by federal, state, and local governments.4 Segregation patterns are also affected by policies that appear race-neutral, such as land use decisions and the regulation of housing development.
Segregation has resulted in vastly unequal access to public goods such as quality schools, neighborhood services and amenities, parks and playgrounds, clean air and water, and public safety.5 This generational lack of access for many communities, particularly people of color and lower income residents, has often resulted in poor life outcomes, including lower educational attainment, higher morbidity rates, and higher mortality rates.6,7,8,9,10,11 Segregation and Land Use
It is difficult to address segregation patterns without an analysis of both historical and existing land use policies that impact segregation patterns. Land use regulations influence what kind of housing is built in a city or neighborhood.12,13 These land use regulations in turn impact demographics: they can be used to affect the number of houses in a community, the number of people who live in the community, the wealth of the people who live in the community, and where within the community they reside.14 Given disparities in wealth by race and ethnicity, the ability to afford housing in different neighborhoods, as influenced by land use regulations, is highly differentiated across racial and ethnic groups.15
4 Source: The Color of Law: A Forgotten History of How Our Government Segregated America, Richard Rothstein, 2017. 5 Source: Segregation and Inequality in Public Goods, Jessica Trounstine, 2015. 6 Source: The Impacts of Neighborhoods on Intergenerational Mobility, Raj Chetty and Nathaniel Hendren, 2018. 7 Source: The Wrong Side(s) of the Tracks: The Causal Effects of Racial Segregation on Urban Poverty and Inequality, Elizabeth Ananat, 2011. 8 Source: The Old Jim Crow: Racial Residential Segregation and Neighborhood Imprisonment, Traci Burch, 2014. 9 Source: Are Ghettos Good or Bad?, David M. Cutler and Edward L. Glaeser, 1997. 10 Source: Moving and the Neighborhood Glass Ceiling, Robert J. Sampson, 2012. 11 Source: Stuck in Place: Urban Neighborhoods and the End of Progress Toward Racial Equity, Patrick Sharkey, 2013. 12 Source: Do Strict Land Use Regulations Make Metropolitan Areas More Segregated by Income?, Michael C. Lens and Paavo Monkkonen, 2016. 13 Source: Local Land Use Regulation and the Chain of Exclusion, Rolf Pendall, 2000. 14 Source: Segregation by Design: Local Politics and Inequality in American Cities, Jessica Trounstine, 2018. 15 Source: An Equilibrium Model of Sorting in an Urban Housing Market, Patrick Bayer, Robert McMillan, and Kim Rueben, 2004.
Chapter 1.0 – Introduction 1-6 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Segregation Patterns in the StanCOG Region
Across the StanCOG region, Hispanic or Latino residents represent the predominant racial/ethnic group followed by non-Hispanic White residents. Stanislaus County has a moderate-high level of segregation, which is primarily represented between these two populations. Additionally, abovemoderate and moderate-income residents are significantly more segregated from other racial and income groups. The analysis completed for this report indicates that the amount of racial segregation both within the StanCOG region and across jurisdictions in the region has decreased since the year 2000. However, compared to cities in other parts of California, StanCOG region jurisdictions have more neighborhood level segregation between residents from different racial groups. Additionally, there is also more racial segregation between StanCOG region cities compared to other regions in the state.
Segregation in Newman
The following are highlights of segregation metrics as they apply in Newman. For further information regarding the history of racial segregation, please refer to Chapter 3. As of 2019, Hispanic or Latino individuals comprise 70 percent of Newman’s population followed by non-Hispanic White (27 percent), Black or African American (2 percent), Asian (1.4 percent) and some other race/two or more races (0.7 percent); American Indian or Alaska Native and Native Hawaiian and Other Pacific Islander individuals are not represented in Newman; and
Newman has no racially or ethnically concentrated areas of poverty (R/ECAP) or racially concentrated areas of affluence (RCAA).
Historically, Newman’s General Plan and Municipal Code has emphasized single-family residential development patterns and consequently, the City offers a limited variety of housing types with 86 percent single family detached units. While extensive data on segregation and living patterns in Newman is not available, it is likely that this type of development has contributed to some level of segregation patterns, due to, among other factors, the higher purchase costs that accompany singlefamily homes. Though Newman’s population is a comprised of a minority majority and restrictive covenants were not enacted specifically in the City, implementing policies and programs that promote AFFH and an inclusive housing stock could assist existing community members in obtaining adequate and affordable housing.
Regional Segregation
The following are highlights of regional segregation metrics as they apply to Newman. Compared to the County, Newman has a higher share of Hispanic or Latino residents, but a lower share of White, Black or African American, Asian, American Indian or Alaska Native, and Native Hawaiian and Other Pacific Islander residents; and Chapter 1.0 – Introduction 1-7 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Regarding income groups, Newman has a lower share of extremely low-income households than the County, but slightly higher shares of above moderate-income, moderate-income, low-income and very low-income households than the County.
1.5 Overview of Planning Efforts
This section provides an overview of planning and legislative efforts that provide the context for development of the 6th Cycle Housing Element.
Effectiveness of Previous Housing Element
The City of Newman experienced significantly less development than projected in its Quantified Objectives (56 permits issued v. 778 projected). It failed to meet its RHNA allocation in every income category. The goals, objectives, policies, and actions in the 2015 Housing Element complied with State Housing Law and provided proper guidance for housing development in the City. In the 2023-2031 Housing Element update, objectives for each of the goals will be modified as appropriate to more specifically respond to the housing needs in Newman from 2023 to 2031. Policies will also be modified as needed to respond to current housing element law and existing and anticipated residential development conditions. See Appendix A for a complete review and analysis of Newman’s 5th Cycle Housing Element (2015-2023).
New State Laws Affecting Housing
While the City has taken steps throughout the 5th cycle to increase housing production locally, the State passed numerous laws to address California’s housing crisis during the same period. As the State passes new legislation in the remainder of the 5th cycle and during the 6th cycle, the City will continue to amend the Municipal Code; to monitor and evaluate policies and programs designed to meet State requirements; and to proactively implement new policies and programs to help increase housing production citywide.
In 2019, several bills were signed into law that include requirements for local density bonus programs, the Housing Element, surplus lands, accessory dwelling unit (ADU) streamlining, and removing local barriers to housing production. The City will implement changes required by State law, likely through amendments to the Newman Municipal Code. The following is a summary of recent legislation and proposed City activities that will further the City’s efforts to increase housing production during the 6th cycle. Please see the section above for a discussion of AB 686 (Affirmatively Furthering Fair Housing).
Incentives for Accessory Dwelling Units
AB 68, AB 587, AB 671, AB 881, SB 13, AB 976, and AB 1033 further incentivize the development of accessory dwelling units (ADUs), through streamlined permits, reduced setback requirements, increased allowable square footage, reduced parking requirements, and reduced fees. In 2016, the Chapter 1.0 – Introduction 1-8 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 City amended its regulations and procedures for the construction of ADUs. However, further changes will be incorporated into the City’s Municipal Code to ensure compliance with new legislation. This 6th Cycle Housing Element contains Program 1.2 to ensure the City’s Zoning Ordinance is updated in a timely and efficient manner (see Chapter 2).
Density Bonus
AB 1763 requires jurisdictions to provide a density bonus to development projects that restrict 100 percent of their units as affordable to lower and moderate-income households. Chapter 5.14 of the City’s Zoning Ordinance provides a detailed description of the Residential Density Program.
Low-Barrier Navigation Centers
AB 101 requires jurisdictions to allow “low-barrier navigation centers” by-right in areas zoned for mixed uses and in nonresidential zones permitting multifamily uses, if the center meets specified requirements. This 6th Cycle Housing Element contains Program 4.5 to develop by-right procedures for processing Low Barrier Navigation Centers in Newman (see Chapter 2).
Surplus Public Land
In 2019, Governor Gavin Newsom signed an executive order to identify State owned sites to help address the California housing crisis. AB 1255 and AB 1486 seek to identify and prioritize state and local surplus lands available for housing development affordable to lower-income households. The City has identified approximately 9.54 acres of surplus land and has reported them through the Housing Element Annual Progress Report.16
Accelerated Housing Production
AB 2162 and SB 2 address various methods and funding sources that jurisdictions may use to accelerate housing production.
Priority Processing
SB 330 enacts changes to local development policies, permitting, and processes that will be in effect through January 1, 2025. SB 330 places new criteria on the application requirements and processing times for housing developments; prevents localities from decreasing the housing capacity of any site, such as through downzoning or increasing open space requirements, if such a decrease would preclude the jurisdiction from meeting its RHNA housing targets; prevents localities from establishing non-objective standards; and requires that any proposed demolition of housing units be accompanied by a project that would replace or exceed the total number of units demolished.
Additionally, any demolished units that were occupied by lower-income households must be replaced with new units affordable to households with those same income levels. 16 California Open Data Portal, Notice List, 2023
Chapter 1.0 – Introduction 1-9 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Housing and Public Safety
Finally, in response to SB 379 and other recent state legislation, local jurisdictions must update their safety element to comprehensively address climate adaptation and resilience (SB 379) and SB 1035 (2018) and identify evacuation routes (SB 99 and AB 747). These updates are triggered by the 6th Cycle housing element update. This housing element contains an evaluation of the existing safety element and contains programming actions to update the safety element to satisfy the new state requirements. Also, as sites are identified and analyzed for inclusion in the City’s housing site inventory, special attention will be paid to the risk of wildfire and the need for evacuation routes. In this way, the City will coordinate updates to all three elements (land-use, housing, and safety), so that it can direct future development into areas that avoid or reduce unreasonable risks while also providing needed housing and maintaining other community planning goals.
Consistency with General Plan
The City of Newman General Plan was adopted in April 2007 and is comprised of the following elements: 1) Land Use; 2) Transportation and Circulation; 3) Public Facilities and Services; 4) Recreational and Cultural Resources; 5) Natural Resources; 6) Health and Safety; and 7) Community Design.
Newman’s housing element is being updated at this time in conformance with the 2023-2031 update cycle for jurisdictions in the StanCOG region. The housing element builds upon the other general plan elements and contains policies to ensure that it is consistent with other elements of the general plan. As portions of the general plan are amended in the future, the plan (including the housing element) will be reviewed to ensure that internal consistency is maintained.
1.6 Public Participation
The City of Newman’s public participation efforts include extensive outreach including but not limited to the following:
Formal consultation with representatives from five (5) Native American tribes that are present and active in Stanislaus County;
Development of a dedicated housing element update website:
https://engage.emcplanning.com/newmanhousingelementupdate; City-wide mailer informing the public on the 6th Cycle Housing Element Update planning process, Stakeholder Survey, Property Owner Interest Form, and the release of the Public Draft; August 22, 2023 City Council Meeting, which was held to introduce the 2023-2031 6th Cycle Housing Element Update to community residents and elected officials, demonstrate the Newman Housing Element Update website, and to discuss the Public Review Draft Housing Element;
Chapter 1.0 – Introduction 1-10 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Four (4) newspaper advertisements for the October 24 City Council Meeting and pending release of the HCD Initial Draft Housing Element; and
October 24, 2023 City Council Meeting, which was held to engage members of the public to discuss the Initial Draft Housing Element and to solicit feedback on policies and programs.
For a comprehensive review of outreach, refer to Appendix B – Outreach and Public Participation, which details all public engagement and outreach conducted throughout the 6th Cycle Housing Element Update planning process. The following attachments are included with Appendix B:
Attachment A – Public Draft Comment Report
Attachment B – Stakeholder Survey Report
Attachment C – Outreach Materials
Appendix B will continue to be updated throughout the planning process.
Chapter 2.0 – Goals, Policies, and Programs 2-1 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024
2.0 Goals, Policies, and Programs
2.1 Introduction
The City is responsible for enabling the production of housing by reducing regulatory barriers, providing incentives, and supporting programs that create or preserve housing, especially for vulnerable populations.
To enable the construction of quality housing, the City has identified five goals:
Goal 1: Facilitate Housing Construction
Goal 2: Preserve and Improve the Existing Housing Stock Goal 3: Exemplify Sustainable Development and Energy Conservation Goal 4: Provide New Affordable and Other Special Needs Housing Goal 5: Publicize Housing Needs and Resources
The majority of the sites identified in the Site Inventory were identified and undeveloped in the 5th cycle housing element. The Policies and Programs below are intended to reduce the regulatory barriers to redevelop these sites and to demonstrate the City is taking measures to ensure a better outcome, namely the construction of more units in the 6th cycle.
2.2 What’s New
This section provides an overview of significant new policy and program directions being taken by Newman to address housing issues in the community and the larger region.
Affirmatively Furthering Fair Housing
The next policy direction that the City will undergo during the 6th Cycle Housing Element Update involves addressing historic economic and racial segregation patterns. In 2018, the California Legislature established an independent state mandate to affirmatively furthering fair housing (AFFH). Affirmatively furthering fair housing is defined specifically as taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity by replacing segregated living patterns with truly integrated and balanced living patterns; transforming racially and ethnically concentrated areas of poverty into areas of opportunity; and fostering and maintaining compliance with civil rights and fair housing laws.
Chapter 2.0 – Goals, Policies, and Programs 2-2 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024
2.3 Program Overview and Quantified Objectives
Quantified Objectives estimate the number of units likely to be constructed, rehabilitated, or conserved/preserved by income level during the planning period. The Quantified Objectives do not represent a ceiling on development, but rather set a target goal for the jurisdiction to achieve, based on needs, resources, and constraints. These objectives will focus communication between the City and HCD with future Annual Progress Reports (APRs). HCD does not demand that all objectives must be met, rather, it is a goal that enables objective assessments about program effectiveness so that the City may make informed determinations to continue, modify, or delete programs with the next Housing Element update cycle. Table 2-1 summarizes the number of units anticipated to be constructed as a result of the programs and capacity available for housing in Newman.
Table 2-1 Quantified Objectives
Income Category New Construction Rehabilitation Conservation*/ Preservation**
Extremely Low (ELI) 242 75 54
Very Low (VLI) 241 75 6
Low (LI) 337 150 1
Moderate (MI) 263 150 4
Above Moderate (AM) 867 50 5
Total 1,950 500 70
SOURCE: City of Newman, 2023
NOTE: *There are 52 deed-restricted units at-risk of conversion (Chapter 3, Table 3-30). Below Market Rate units have deed-restriction end dates spanning from 2033 to 2065.
**The site inventory anticipates 10 housing units will require replacement. Three housing units are anticipated to require conservation or preservation.
2.4 Goals, Policies, and Programs
The purpose of this section is to set forth goals, policies, and programs to further the development of housing for all income levels in the community.
GOAL 1 Facilitate Housing Construction
Policies
Policy 1.1 The City shall promote the provision of housing for all economic segments of the community and while doing so, seek to ensure the highest quality in all new residential development.
Policy 1.2 The City shall endeavor to maintain an adequate supply of residential land in appropriate land use designations and zoning categories to accommodate Newman's fair share of projected regional growth, maintain normal residential vacancy rates, and keep downward pressure on residential land costs.
Chapter 2.0 – Goals, Policies, and Programs 2-3 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Policy 1.3 The City shall seek to maintain an overall mix of 75 percent single family and 25 percent multi-family units in its housing stock.
Policy 1.4 The City shall actively promote residential use in and adjacent to Downtown as a means of reinforcing Newman’s Downtown Revitalization Program.
Policy 1.5 Housing affordable to very low-, low- and moderate-income families shall be dispersed throughout the community and incorporated into new development to promote social and economic integration. Where possible, the City shall promote homeownership in new housing constructed for low- and moderate-income households.
Policy 1.6 The City shall pursue available state and federal funding assistance that is appropriate to Newman's needs to develop housing that is affordable to low- and moderateincome households. As appropriate, the City shall work with other local jurisdictions and agencies to take advantage of state and federal funding programs.
Policy 1.7 Consistent with other City objectives, the City shall ensure that its policies, regulations, and procedures do not add unnecessarily to the costs of producing housing.
Policy 1.8 The City shall provide for the development of secondary residential units, as required by state law, while protecting the single-family character of neighborhoods.
Development of secondary residential units fronting on alleys shall be encouraged.
Policy 1.9 Where single family residential units that are required to sell or rent at below-marketrates are included within a housing development, such units shall be interspersed within the development, and to the extent reasonable, shall be visually indistinguishable from market-rate units.
Policy 1.10 The City shall work with the Stanislaus County Housing Authority, local nonprofit housing agencies, and the California Housing Partnership, in accordance with the Low-Income Housing Preservation and Resident Homeownership Act of 1990, to preserve lower income housing units threatened with conversion to market-rate housing through prepayment of subsidized mortgages.
Programs
Program 1.1: No Net Loss of Residential Capacity to Accommodate the RHNA by Income Category (New)
To ensure sufficient residential capacity is maintained to accommodate the RHNA for each income category, within one year of adoption of the Housing Element, the City will develop and implement a formal, ongoing (project-by-project) evaluation procedure pursuant to Government Code section 65863. The evaluation procedure will track the number of extremely low-, very low-, low-, moderate-, and above moderate-income units constructed to calculate the remaining unmet RHNA.
Chapter 2.0 – Goals, Policies, and Programs 2-4 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 The evaluation procedure will also track the number of units built on the identified sites to determine the remaining site capacity by income category and will be updated continuously as developments are approved.
No action can be taken to reduce the density or capacity of a site (e.g., downzone, moratorium), unless other additional adequate sites are identified prior to reducing site density or capacity.
If a development is being approved on an identified site at a lower density than what was assumed for that site identified in the Housing Element, additional adequate sites must be made available within 180 days of approving the development. A program to identify the replacement sites, and take the necessary actions to make the site(s) available and ensure they are adequate sites, will be adopted prior to, or at the time of, the approval of the development.
Quantified Objective: N/A
Timeframe: Review annually in March
Responsible Party: Planning Department
Funding Source: General Fund
Program 1.2: Municipal Code Amendments
During the 6th Cycle Housing Element Update, the City of Newman will make the following Municipal Code amendments:
General Amendments to Zoning Code
Remove minimum lot sizes within all residential zones to instead rely on General Plan designations for density allowance;
Add Section 5.05.070 (Housing Element Implementation Standards) to the Newman City Code requiring that sites rezoned to R-3 permit rental and owner multi-family residential development by-right, requiring no discretionary review process, such as conditional use or design review; Establish a minimum density in R-3 Zone permitting a minimum density of 20 dwelling units per acre;
Prohibit construction of new single-family homes within the R-3 district; Comply with new Density bonus State law;
Allow upper-story residential uses in all commercial zoning districts as a permitted use (i.e., no conditional use permit required) with a maximum base density of 30 du/ac; Acknowledge and facilitate ministerial approvals under the SB 9 mandate; and Chapter 2.0 – Goals, Policies, and Programs 2-5 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Reduce parking standards for new residential development as follows:
• Studio apartment to one bedroom: one onsite parking space; • Two to three bedrooms: two onsite parking spaces; and • Four or more bedrooms: two and one-half onsite parking spaces.
Permit Zoning for a Variety of Housing Types According to State Law Permit single-room occupancies (SRO) by-right, requiring no discretionary review in all mixeduse districts (C-1, C-2, and P-O) and R-3 Zone; Eliminate open space and parking requirements specifically for SROs in C-1, C-2, P-O, and R-3 Zoning Districts;
Reduce minimum FAR for residential uses in all zones that allow residential uses to permit a minimum FAR of 250 square feet;
Define transitional and supportive housing in accordance with SB 745 as follows: “Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.” “Transitional housing” means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.”;
Explicitly permit transitional and supportive housing in all zones allowing residential uses and only subject to the requirements of other residential uses of the same type in the same zone; Permit supportive housing as a use by-right in zones where multi-family and mixed uses are permitted, including nonresidential zones permitting multi-family uses pursuant to Government Code Section 65583(a)(5));
Update the definition of emergency shelters to comply with AB 2339 of 2022; Reduce minimum lot size requirement from 20,000 square feet to 2,500 square feet, requiring no CUP, and reduce the required minimum lot width from 100 feet to 50 feet in the M Zoning District, specifically for the construction of emergency shelters; Establish parking requirements for emergency shelters in compliance with AB 139, ensuring there is sufficient parking to accommodate all staffing working in the emergency shelter, provided that standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone;
Chapter 2.0 – Goals, Policies, and Programs 2-6 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Permit large residential care facilities of seven (7) or more persons in the same zones as small residential care facilities (R-1, R-2/R-2S, and R-3) by-right, requiring no CUP; and Define Low-Barrier Navigation Center, and develop by-right procedures for processing low barrier navigation centers in areas zoned for mixed-use and nonresidential zones permitting multifamily uses.
Require Ministerial Review for Sites Identified in Previous Housing Cycles Require ministerial, non-discretionary approval of previously reused sites, where there is developer interest in including at least 20 percent affordable housing, as listed in Table 2-2; and Pursuant to Government Code Section 65583.2, Sites 8, 11-13, 16, 19, and 20 are subject to land use designation changes and rezoning to allow appropriate densities. See Program 1.9 for details regarding these changes.
Table 2-2 Reused Sites Subject to Ministerial Approval with 20 Percent Affordable SOURCE: City of Newman
Site Number
(Chapter 5) Zoning Address APN
4 R-1 Lee Ave at Yolo St 128-013-019
5 R-1 Lee Ave n/o Yolo 128-013-017
6 R-1 Lee Ave n/o Yolo 128-013-018
7 R-1 1130 R St 128-006-071
8 R-1 1603 W Tulare St 026-056-058
11 R-2 L St s/o Merced St 128-022-010
12 R-3 1978 Prince St 128-060-011
13 R-3 Prince St 128-060-010
14 R-3 1415 Eucalyptus Ave 128-022-016
15a & 15b R-3 673 Fig Ln 026-041-058 & 026-041-004
16 R-3 2115 Prince Str 026-059-070
19 R-3 407 Hills Ferry Rd 049-050-044
20 R-3 27924 N St 026-043-019
Chapter 2.0 – Goals, Policies, and Programs 2-7 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Quantified Objective: 237 DU facilitated through rezoning 38 VLI units; 59 LI units; 136 MI units; 4 AM units
Timeframe: Complete land use and zoning changes by December 2024; Complete all other Municipal Code amendments by June 2025
Responsible Party: Planning Department
Funding Source: General Fund
Program 1.3: Northwest Newman Master Plan Annexation and Development Phasing The City’s housing sites inventory includes the Northwest Newman Master Plan (NWNMP) Area (Sites 1A through 1F), which encompasses the annexation of six parcels with the objective of developing a total of 1,020 residential units over the eight-year planning period. The housing distribution for this site is planned as follows:
Lower-income units: 150 multi-family dwelling units and 60 ADUs, totaling 210 units; Moderate-income units: 30 ADUs; and
Above moderate-income units: 771 single-family dwelling units and nine (9) ADUs, totaling 780 units.
The City will work with the developers and the Local Agency Formation Commission (LAFCO) to ensure that the identified sites are annexed into the City no later than Summer 2025. For further project related details, refer to Chapter 5.
The planned schedule of actions for the NWNMP is outlined as follows:
Completion of infrastructure (water and wastewater) by Fall 2024; Develop pre-annexation agreement and present the annexation application for the remaining parcels to the Planning Commission in Summer 2024, followed by the City Council in Fall 2024, and ultimately to the LAFCO in Winter 2025;
Complete annexation of remaining parcels by Summer 2025; Collaboration between property owners and developers to extend infrastructure throughout project site by Spring 2026; and
Completion of wastewater treatment plant expansion by Summer 2031.
Should the annexation of the remaining parcels not be completed by Summer 2025, the City will consider alternative land use strategies and make necessary amendments to zoning or other land use documents to make available appropriate land for the development of housing to meet the RHNA.
Specific actions the City may take include upzoning or increasing density to accommodate more residential units.
Chapter 2.0 – Goals, Policies, and Programs 2-8 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 To promote diverse housing options and affordability, ADUs are required to be constructed on at least 15 percent of single-family properties within the NWNMP area, totaling 116 ADUs, along with the provision of stub-outs for all properties. See Program 2.7 for further ADU requirements.
The development timeline for residential units within the NWNMP area is presented in Table 2-3.
Construction of single-family and multi-family development is anticipated to commence in Summer 2026.
Table 2-3 Northwest Newman Master Plan Phasing, 2026-2031 Year
Multi-Family
Housing
Single-Family
Housing ADUs
Total
Percent
Total
Units Site #1c Site # 1a, 1b, 1d, 1e, 1f
2026 60 240 32 332 32.0%
2027 0 120 32 152 14.6%
2028 0 120 15 135 13.0%
2029 60 120 15 195 18.8%
2030 0 144 18 162 15.6%
2031 30 27 4 61 5.8%
Total 150 771 116 1,037 100.0%
SOURCE: City of Newman
NOTE: ADUs use a 30 percent, 30 percent, 30 percent, 10 percent rule of thumb for affordability assumptions.
The City will actively monitor the issuance of building permits for multi-family residential units and ADUs throughout this period. If development progress falls short of achieving the construction targets of 60 multi-family residential units and 55 lower-income ADUs by Winter 2028, the City will reassess its land use strategies. Necessary amendments to zoning or other land use documents will be undertaken to meet RHNA requirements and ensure continued progress towards meeting housing development goals.
Furthermore, the City has identified a large site, approximately 13 acres in size, which could potentially accommodate housing across all affordability categories to aid in meeting the RHNA, pending necessary land use and zoning adjustments. In the event that the NWNMP annexation does not proceed as anticipated by Summer 2025, the City is prepared to take steps to make this alternative site available for development.
Quantified Objective: Total of 1,020 units facilitated through NWNMP annexation; 75 ELI units; 75 VLI units; 771 AM units; 116 ADUs (utilizing 30, 30, 30, 10 percent rule of thumb to determine affordability)
Chapter 2.0 – Goals, Policies, and Programs 2-9 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Timeframe: Complete infrastructure (water and wastewater) by Fall 2024; Annexation completed by Summer 2025; Extend infrastructure throughout project area by Spring 2026; Construction of 60 multi-family residential units and 45 affordable ADUs by Winter 2028; Complete wastewater treatment plant expansion by Summer 2031; Pursue alternative actions by Fall 2025.
Responsible Party: Planning Department
Funding Source: General Fund
Program 1.4: Pursue Partnership Opportunities for Affordable Housing Construction The cost of financing has a substantial effect on the affordability and availability of housing.
Housing financing, including private financing and government assistance programs, is generally available to the community.
The City shall initiate a partnership and continue to build relationships with the building community, including non-profits to assist in the development of lower-income housing. The City shall offer an array of regulatory and financial tools to assist in the development of affordable housing, including utilizing the Successor Housing Fund and other local financial resources (leveraged through HOME and CDBG partnerships), donating land, supporting funding applications, assisting entitlements and expediting permit processing.
The City will first focus on a catalyst project at a City-owned site (Site 22/APN: 128-009-080/1617 Main St.) as referenced in Program 1.6. To initiate this process, the City will invite non-profit developers to discuss the City’s plans, resources, and development opportunities.
In order to incentivize the development of affordable units the City will:
Continue to apply for appropriate state and federal housing funds, including CDBG and HOME funds. Use funds to assist with providing affordable housing opportunities in new and existing housing units;
Contract with a planning consulting firm to supplement its planning and economic development capabilities. Availability of grant or other special funding for affordable housing will be posted on the City’s website; and
Notify affordable residential developers, community groups and organizations that serve and represent lower-income households of the availability of affordable housing resources, when available.
Chapter 2.0 – Goals, Policies, and Programs 2-10 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Where possible, the City will give priority to projects that are affordable to extremely low- and very low-income households. Some of the more likely sources of funds include:
CDBG Funds: The City will continue to apply to the California HCD for special planning grants to pursue specific projects. The City will submit applications for those funds based on the state’s application time frame and process;
HOME Funds: The State of California also awards HOME funds to localities on a competitive basis for developments that include rental housing, homeownership opportunities, special needs housing and tenant-based rental assistance. The City will submit applications for those funds based on the state’s application time frame and process; Low Income Tax Credits: Federal and state tax credits are available to investors on a competitive basis for the development of lower-income housing units; and Other State-funded programs: The City will make use of available State-funding allocated for affordable housing.
Quantified Objective: Acquire revenue from various Federal and State funds for use in affordable housing
Timeframe: Annual assessment; ongoing
Responsible Party: Planning Department
Funding Source: CDBG, HOME, tax credits and other grants and programs, as applicable Program 1.5: Plan Approvals for Multi-family Housing
The City shall, when applicable, include in all subdivision approvals after January 1, 2004, a notice as part of the conditions, covenants and restrictions (CC&Rs) that multi-family housing is planned for adjacent property.
Quantified Objective: N/A
Timeframe: December 2024
Responsible Party: Planning Department
Funding Source: General Fund
Chapter 2.0 – Goals, Policies, and Programs 2-11 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Program 1.6: City-owned Catalyst Site
Assembly Bill 1486 (Ting, 2019) aims to connect developers who are interested in building more affordable homes on surplus local public land that is both available and suitable for housing development. Land leases that are greater than five years are also subject to the Surplus Lands Act (SLA). In accordance with the State’s Surplus Land Act, Government Code 54220, the City will undertake a process to dedicate a city-owned site to affordable housing development (Site 22/APN:
128-009-080/1617 Main St.) with land-leases and deed restrictions to ensure affordability. Pending No Net Loss analysis, affordability levels may change accordingly.
The City intends to develop the parcel through the Surplus Land Act process over the next five years for the potential development of 24 units (12 units affordable to very low- and 12 units affordable to low-income households). The site is planned to remain in City ownership and is anticipated to be made available for development through a long-term land lease for 55 years. The site will be made available for affordable housing consistent with the requirements of the Surplus Land Act.
Specific planned actions by the City include the development of a project description, publication of an RFP within 12-18 months, selection of a development partner, two years to enter into an Exclusive Negotiation Agreement, two years for land use entitlements and development agreements, 6-12 months for building permit issuance, and 1-2 years for construction. Council approval is required for each step in this process.
Specific actions and associated timelines the City is committed to:
Maintain compliance with the Surplus Land Act throughout the 2023-2031 Housing Element period;
Establish and implement development standards for Site 22; Make properties available through the Surplus Land Act process; Develop project description and establish an RFP process and solicit developers by Spring 2025; Target Exclusive Negotiating Agreement by Fall 2025; and Target land use entitlements issuance by Winter 2026.
If by December 2025, the City has not established the necessary developer agreements, the City will pursue the following alternative actions to enable the development of the sites for affordable housing:
Increase outreach efforts with non-profit affordable housing developers beginning January 2026; Re-issue RFP and solicit developers by December 2026; Identify additional/alternative sites;
Chapter 2.0 – Goals, Policies, and Programs 2-12 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Pursue funding opportunities such as Permanent Local Housing Allocation (PLHA), Multifamily Super NOFA, IIG Small Jurisdictions, CDBG Funds, and HOME Investment Partnerships to assist with entitlement and building permit fees (ongoing); and Develop incentives for developers, including 60-day approval timeline; clear development standards; full cooperation with City staff and elected and appointed officials; accelerated approval process; waiving parking standards for multi-family development.
The length of time it takes to gain entitlement approvals can drastically impact the financial feasibility of development projects. The developer incentives outlined above are intended to shorten the period of time between submittal of entitlement applications and issuance of occupancy, in order to enable the development of multi-family residential units.
Quantified Objective: 12 very low- and 12 low-income units for a total of 24 units Timeframe: Complete investigations and potential partnership by December 2026; Pursue alternative actions by January 2026
Responsible Party: Planning Department
Funding Source: General Fund
Program 1.7: Prepare Checklist and Procedures for SB 35 and SB 330 Government Code section 65913.4 allows qualifying development projects with a specified proportion of affordable housing units to optionally move more quickly through the local government review process and restricts the ability of local governments to reject these proposals.
The City will create an SB 35 checklist and written procedures for processing SB 35 applications to ensure efficient and complete application processing and will update the documents in conformance with any changes to state law within twelve months of adoption of new laws. Additionally, the City will develop an application for SB 330 in conformance with State law.
Quantified Objective: N/A
Timeframe: June 2025 and within 12 months of any change to the law that would impact the City
Responsible Party: Planning Department
Funding Source: General Fund
Chapter 2.0 – Goals, Policies, and Programs 2-13 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Program 1.8: Remove Subjectivity from Site Plan Review Process & Develop Objective Design Standards
Currently, Municipal Code 5.25.040 includes findings of approval for site plan review that present subjectivity. To remove subjectivity from the site plan review approval process, the City will remove the following finding (finding number one):
“That the architectural and general appearance of the structures and grounds shall have architectural unity and be in keeping with the character of the neighborhood as not to be detrimental to the orderly and harmonious development of the City, or to the desirability of investment or occupation in the neighborhood.”
The City will only require finding number two stating:
“That the site plan is consistent with all adopted City plans, documents, and ordinances, including but not limited to this title, any applicable specific and/or master plans, any adopted development standards and design guidelines, and the General Plan.”
To further remove subjectivity from the site plan review and approval process, and to provide clarity and predictability for future development and housing construction, the City will create Objective Design Standards (ODS) for residential developments. The City will explore funding opportunities for the development of ODS, such as CDBG, REAP, or LEAP funds.
Quantified Objective: 11 additional Above Moderate-Income units Timeframe: Adoption of Municipal Code amendment by June 2025; Adoption of ODS by December 2027
Responsible Party: Planning Department
Funding Source: General Fund
Program 1.9: Land Use and Zoning Code Changes to Accommodate RHNA The City of Newman faces an unmet housing need from the 5th cycle planning period, comprising 305 lower-income units. This includes 186 units designated as very low-income and 119 units as low-income. To address both the unaccommodated needs from the 5th cycle RHNA and the 6th cycle RHNA, the City is required to undertake rezoning efforts and annex specific land parcels to facilitate high-density residential development.
The City will amend its General Plan Land Use Diagram and/or the Zoning Map to ensure that sites identified in the City’s housing site inventory are available to accommodate the City’s 5th cycle unaccommodated need and to meet its 6th cycle RHNA. Pursuant to Government Code 65583.2, the R-3 Zone is required to permit multi-family by-right, requiring no discretionary review. Table 2-4 Chapter 2.0 – Goals, Policies, and Programs 2-14 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 identifies the sites that require General Plan land use and/or zoning amendments. Program 1.2 establishes an increased minimum density of 20 dwelling units per acre in the R-3 Zone, which will further enable the development of affordable residential units.
Pursuant to Government Code Section 65584.09, the City will complete the rezones identified below within the first year of the new planning period, ending on December 31, 2024, to address the 5th cycle unaccommodated housing need of 305 lower-income units and meet the City’s 6th cycle RHNA.
Quantified Objective: 408 Lower-Income units
Timeframe: Complete rezones by December 31, 2024
Responsible Party: Planning Department
Funding Source: General Fund
Table 2-4 Sites to be Rezoned and/or Change Land Use Designation SOURCE: City of Newman
Note: All sites identified in the table are analyzed in Chapter 5.
R-3 Zoning allows residential densities of 12-30 du/ac. Program 1.2 increases minimum density to 20 du/ac in R-3 Zone.
Site
Number
Zoning
Changes
Land Use
Changes
Address APN
Total LowerIncome Units
Anticipated
8 from R-1 to R-3 from LDR to HDR 1603 W Tulare St 026-056-058 115 11 from R-2 to R-3 from MDR to HDR L St s/o Merced St 128-022-010 36 12 from R-2 to R-3 from MDR to HDR 1978 Prince St. 128-060-011 18 13 --- from MDR to HDR Prince St. 128-060-010 41
16 from R-1 to R-3 from LDR to HDR 2115 Prince St. 026-059-070 51 18 from OS to R-3 from MDR to HDR 2070 Prince St. 128-060-021 17 19 from R-2 to R-3 from MDR to HDR 407 Hills Ferry Rd. 049-050-044 27 20 from R-1 to R-3 from LDR to HDR 27924 N St. 026-043-019 69 21 from C-1 to R-3 from DC to HDR 1040 Prince St. 128-060-012 34 Total 408
Chapter 2.0 – Goals, Policies, and Programs 2-15 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Program 1.10: Mattos Ranch Phase 2 Infrastructure
Mattos Ranch Phase 2 (Site #2) will be designed to leverage and expand upon the existing infrastructure established in Phase 1. Civil Improvement Plans are currently in progress and are expected to be finalized by Spring 2025. These plans encompass detailed specifications for all essential infrastructure and utilities required to serve the site, ensuring seamless integration and development continuity between Phase 1 and Phase 2 of the subdivision.
The City will collaborate with developers to ensure the timely construction of infrastructure, thereby facilitating the readiness of units for occupancy within the eight-year planning cycle.
Quantified Objective: 22 Moderate- and 21 Above Moderate-Income units Timeframe: Complete Civil Improvement Plans by Spring 2025; Complete infrastructure by Fall 2025
Responsible Party: Planning Department
Funding Source: General Fund
GOAL 2 Preserve and Improve the Existing Housing Stock
Policies
Policy 2.1 The City shall promote private reinvestment in older residential neighborhoods and private rehabilitation of housing.
Policy 2.2 The City shall pursue available state and federal funding assistance that is appropriate to Newman's needs to rehabilitate housing. Housing rehabilitation efforts targeted to ensure that foreclosed properties do not fall into disrepair shall be given priority.
Policy 2.3 The City shall support the revitalization of older neighborhoods by keeping streets and other municipal systems in good repair.
Policy 2.4 The City shall promote the continued upkeep of existing mobile homes.
Policy 2.5 The City shall require abatement of unsafe structures, giving property owners ample opportunities to correct deficiencies.
Policy 2.6 Existing housing occupied by very-low- or low-income households shall not be demolished without assurance of the availability of suitable alternative housing.
Policy 2.7 The City shall promote the preservation of architecturally- and historically-significant residential structures.
Chapter 2.0 – Goals, Policies, and Programs 2-16 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Programs
Program 2.1: Monitor Units At-Risk of Conversion
The City shall monitor the status of subsidized housing projects at-risk of conversion to market-rate housing. Pursuant to Government Code 65863.10, when a Notice of Intent to convert from lowincome housing to market-rate housing is received (three years in advance pursuant to State law), the City will work with property owners to ensure that the tenants are properly noticed and provided information on potential resources for assistance, and any applicable displacement and relocation requirements are complied with.
Additionally, the City shall actively participate in obtaining financial assistance to preserve such units. On an ongoing basis, the City will work with nonprofit housing providers to pursue funding to preserve and improve existing affordable housing in the City. Nonprofit housing providers in the region include, Habitat for Humanity of Stanislaus County; Housing Authority County of Stanislaus; Stanislaus County Affordable Housing Corporation; and Stanislaus County Redevelopment Agency.
Quantified Objective: 3 total units preserved
2 ELI units and 1 VLI unit
Timeframe: Annually monitor at-risk subsidized housing projects; Work with nonprofit housing providers to pursue funding opportunities on an ongoing basis.
Responsible Party: Planning Department
Funding Source: General Fund
Program 2.2: Manufactured Housing
The City shall amend its Zoning Ordinance to allow manufactured housing by-right in all districts where a single-family home is also allowed by-right. The City may add restrictions to the design of manufactured housing that are consistent with State statute, to be included in Objective Design Standards in Program 1.8.
Quantified Objective: N/A
Timeframe: December 2024
Responsible Party: Planning Department
Funding Source: General Fund
Chapter 2.0 – Goals, Policies, and Programs 2-17 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Program 2.3: Amend Accessory Dwelling Unit Ordinance (Modified) The City shall amend the ADU ordinance (Section 5.23.040 NMC) to be consistent with recent changes in State statute. The City will continue to implement the development of ADUs through a ministerial process in conformance with State law and will develop guidance materials.
Quantified Objective: 7 units
2 VLI ADUs; 2 LI ADUs; 2 MI ADUs; 1 AM ADU
Timeframe: Adopt Ordinance by June 2025
Responsible Party: Planning Department
Funding Source: General Fund
Program 2.4: Replacement Unit Program and Anti-Displacement (New) In compliance with AB 1397, the City will adopt a policy to require replacement housing units subject to the requirements of Government Code section 65915, subdivision (c)(3) when any new housing development project occurs on a site meeting the any of the following conditions: 1) currently has residential uses or within the past five years has had residential uses that have been vacated or demolished, 2) was subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low-income, 3) subject to any other form of rent or price control through a public entity’s valid exercise of its police power, or 4) is occupied by low or very low-income households.
The City of Newman, in compliance with SB 330 – which includes the provision of relocation assistance and a right of first refusal in the new housing to displaced occupants, will include information necessary to determine compliance with these provisions in the list or lists that specify the information that will be required from any applicant for a development project under the Permit Streamlining Act.
Quantified Objective: 10 replacement units
1 LI unit; 4 MI units; and 5 AM units
Timeframe: June 2025
Responsible Party: Planning and Community Development Department Funding Source: General Fund
Chapter 2.0 – Goals, Policies, and Programs 2-18 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Program 2.5: Targeted Rehabilitation of Units (New)
The City of Newman has identified four areas within city limits where rehabilitation efforts will be prioritized and targeted (see Figure 3-61 in Chapter 3). In an effort to facilitate the maintenance and rehabilitation of older housing units, City will monitor and track the number of building permits issued for residential rehabilitation projects in the identified priority areas on an annual basis. In residential neighborhoods the City will proactively provide information and assistance to owners of units that are in need of repair or rehabilitation. Examples of program assistance include weatherization grants, home paint fix-up programs, and housing rehabilitation assistance including Permanent Local Housing Allocation grant funds. The City will continue its efforts to partner with landlords, the Stanislaus Regional Housing Authority, and Pacific Gas and Electric (PG&E) to incentivize minor repairs and maintenance to be conducted in these areas.
The City will dedicate resources to ensure this information regarding the availability of these resources is affirmatively marketed by doing the following:
Post information on the City’s website;
Provide written marketing information describing the resources available to community groups and organizations that represent lower-income households at City Hall and through a variety of other methods throughout the City;
Distribute maintenance program information directly to property owners via direct mail; and Distribute maintenance program materials directly to community groups and organizations, including the Newman Family Resources Center that serves extremely-low- and low-income families.
The City will also continue to partner with Stanislaus County CDBG Consortium to direct funding allocation toward owner-occupied emergency home repairs, and will provide incentives to landlords to rehabilitate units that may be dilapidated or in need of repairs. Priority will also be given to landlords that rent to tenants receiving Housing Choice Vouchers.
Quantified Objective: 60 building permits for residential rehabilitative action per year Timeframe: Annually track and monitor building permits for residential rehabilitative actions in the identified priority areas
Geographic Targeting: Areas 1, 2, and 4 west of State Route 33 and Area 3 east of State Route 33 (Figure 3-61, Chapter 3)
Responsible Party: Planning Department
Funding Source: General Fund
Chapter 2.0 – Goals, Policies, and Programs 2-19 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Program 2.6: ADU Amnesty Program (New)
The City will develop an Accessory Dwelling Unit amnesty program to waive the penalty fees for any existing, unpermitted dwelling units that do not currently comply with minimum health and safety standards through 2026. Advertisement for the program will take place in 2024. The City will complete an inventory of unpermitted ADUs and monitor requests for permits.
Quantified Objective: Monitor building permits for ADUs Timeframe: Review annually December 2024 through December 2026 Responsible Party: Planning and Community Development Department Funding Source: General Fund
Program 2.7: ADU Requirements
The City of Newman will require that 15 percent of all single-family homes, constructed within the boundaries identified in the Northwest Newman Master Plan (Sites 1A-1F), include an ADU, and with waiver of all associated impact fees to incentivize 15 percent ADU construction within these newly annexed areas. Stub-out infrastructure to enable a higher ratio of future ADU construction will also be required for all single-family sites within these areas.
Future single-family subdivision projects equal to or greater than 50 units will be required to construct ADUs for 15 percent of the lots, in addition to providing stub-outs for the lots.
Further, the City will monitor permitted ADUs and affordability levels and report annually through the APR to the City Council to evaluate if production estimates are being achieved or if additional actions are needed.
If at mid-cycle, the City has not received building permits for at least 55 ADUs, the City will consider alternative land use strategies and make necessary amendments to zoning or other land use documents to make available appropriate land for the development of housing to meet the RHNA.
Specific actions the City may take include upzoning within six months, increasing density to accommodate more residential units, or identifying a new site to accommodate residential development.
Quantified Objective: 116 DU facilitated through ADU requirements for Site 1A-1F (35 VLI units; 35 LI units; 35 MI units; 11 AM units)
Timeframe: Monitor permitted ADUs and submit APR report annually; Pursue alternative actions by December 2027
Responsible Party: Planning and Community Development Department Funding Source: General Fund
Chapter 2.0 – Goals, Policies, and Programs 2-20 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 GOAL 3 Exemplify Sustainable Development and Energy Conservation Policies
Policy 3.1 As required under California Uniform Building Code (Title 24), the City shall require the use of energy conservation features in the design of all new residential structures.
The City shall also promote incorporation of energy conservation and weatherization features in existing homes.
Programs
Program 3.1: Weatherization Outreach
The City shall continue to post, and disseminate information on currently available weatherization and energy conservation programs by providing hard copies at City Hall and posting electronic notices on the City’s website. This information shall be provided in both Spanish and English.
Quantified Objective: 5 total units rehabilitated
2 ELI units; 2 VLI units; 1 LI units
Timeframe: Ongoing; review annually
Responsible Party: Planning Department
Funding Source: General Fund
Program 3.2: Green Building Standards
The City shall continue to update its locally adopted building code, including the California Green Building Standards Code to ensure energy efficiency in new residential construction throughout the City.
Quantified Objective: N/A
Timeframe: Ongoing
Responsible Party: Planning Department
Funding Source: General Fund
Chapter 2.0 – Goals, Policies, and Programs 2-21 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 GOAL 4 Provide New Affordable and Other Special Needs Housing Policies
Policy 4.1 The City shall work with the Newman-Crows Landing Unified School District to ensure the availability of adequate school facilities to meet the needs of projected households in Newman.
Policy 4.2 The City shall support the use of CDBG funds for upgrading streets, sidewalks, and other public improvements.
Policy 4.3 The City shall ensure that new residential development pays its fair share in financing public facilities and services.
Policy 4.4 Through the Citywide Services Master Plan, the City shall strive to ensure that necessary public facilities and services are available prior to occupancy of residential projects.
Policy 4.5 The City shall give special attention in affordable housing programs to the needs of special groups, including the physically, mentally, and developmentally disabled, large families, farm-workers, seniors, and lower-income households.
Programs
Program 4.1: Support Services for Individuals Experiencing Homelessness Provide information sheets at City Hall about the 2-1-1 phone system, which provides phone assistance to persons in need of emergency shelter. For residents experiencing homelessness, the City will maintain a list of service providers, and will recommend the following resources to residents in need of shelter or housing:
California Department of Social Services Permanent Homeless Assistance (City of Newman); Stanislaus County Habitat for Humanity (City of Modesto); Haven Women’s Center of Stanislaus (City of Turlock); HOST House (City of Modesto);
We Care Program (City of Turlock); and
The Salvation Army of Modesto Citadel Corps
Quantified Objective: N/A
Timeframe: Ongoing
Responsible Party: Planning Department
Funding Source: General Fund
Chapter 2.0 – Goals, Policies, and Programs 2-22 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Program 4.2: Point-in-Time Count
The City shall, as staffing resources allow, participate in the annual census of homeless persons in collaboration with Stanislaus County Housing Authority.
Quantified Objective: N/A
Timeframe: Ongoing; annually
Responsible Party: Planning Department
Funding Source: General Fund
Program 4.3: Affordable Housing Water and Sewer Priority Per Chapter 727, Statues of 2004 (SB 1087), upon completion of an amended or adopted Housing Element, a local government is responsible for immediately distributing a copy of the Housing Element to area water and sewer providers. In addition, water and sewer providers must grant priority for service allocations to proposed developments that include housing units affordable to lower-income households. Chapter 727 was enacted to improve the effectiveness of the law in facilitating housing development for lower-income families and workers.
Upon certification, the City shall forward its adopted housing element to the City’s Public Services Department so they can grant priority for water and sewer service allocations to proposed developments that include units affordable to lower-income households. The City’s Public Services Department will grant priority to new affordable housing for hookups to connect to the City’s conveyance systems.
The City will develop a water distribution policy to ensure water allocations are directed to units that will meet the City’s Regional Housing Needs along with continued operation of the City’s desalination facility.
Quantified Objective: N/A
Timeframe: Develop written procedures for water and sewer priority by June 2025; Forward Adopted Housing Element to City’s Public Services Department upon Housing Element certification
Responsible Party: Planning Department and Public Services Department Funding Source: General Fund
Chapter 2.0 – Goals, Policies, and Programs 2-23 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Program 4.4: Housing for Extremely Low-Income Residents The City, in partnership with the Stanislaus Housing Authority, will continue working to ensure that Extremely Low-Income residents are served and provided with wrap-around support by taking the following steps:
Continue supporting the Stanislaus Housing Authority’s Housing Choice Voucher Program; Encourage single-room occupancies (SROs) in areas outlined in Program 1.2; and Reach out to non-profit organizations and developers to construct affordable units that are suitable for the needs of large households.
Quantified Objective: Monitor the number of residents that ask about and/or are referred to service providers that could provide assistance to ELI residents Timeframe: Ongoing, track the number of residents referred to services by December of each year
Responsible Party: Planning Department
Funding Source: General Fund
Program 4.5: Low-Barrier Navigation Centers (New)
AB101 (2019) provides a pathway to permanent housing for people experiencing homelessness. A “Low-Barrier Navigation Center” is a housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. In order to comply with State law, the City will amend the Zoning Ordinance to develop by-right procedures for processing low barrier navigation centers in areas zoned for mixeduse and nonresidential zones permitting multifamily uses (see Program 1.2).
Quantified Objective: N/A
Timeframe: June 2025
Responsible Party: Planning Department
Funding Source: General Fund
Chapter 2.0 – Goals, Policies, and Programs 2-24 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Program 4.6: Accessible/Adaptable Units for People with Disabilities (New) The City will ensure that new construction conforms to applicable California Building Code regulations addressing accessibility requirements for disabled persons. The City will also require that senior housing developments use Universal Design principles to ensure adaptability for seniors and accessibility for disabled persons. Reasonable accommodations will be made on the City staff level, and no fees will be assessed for the staff review. Fees may be assessed, however, if a third-party is involved with the building plan check process.
Quantified Objective: 10 accessible/adaptable units by 2031 Timeframe: Review annually
Responsible Party: Planning Department
Funding Source: General Fund
Program 4.7: Place-Based Strategies to Report Environmental Mitigation Progress (New) To support a city-wide place-based strategy to improve environmental health outcomes by decreasing environmental pollutants, the City will expand safe and healthy housing opportunities for people of all groups by conducting thorough environmental review of future Master Plan areas, annexations, and subdivisions.
The Planning Department will annually report to City Council a progress summary of environmental mitigation efforts related to development.
Quantified Objective: N/A
Timeframe: December 2025 (annually)
Responsible Party: Planning Department
Funding Source: General Fund
Program 4.8: Family Friendly Housing
Promote multi-family housing designs and unit mix to attract multigenerational households by encouraging developers to include housing features and more bedrooms (including four-bedroom units), as well as other on-site amenities, such as usable outdoor open space for multigenerational use, and multipurpose rooms that can be used for after-school homework clubs, computer, art, or other resident activities. To address potential displacement of households with four or more persons, the City will research options to expand regulatory incentives to encourage the development of larger units.
Chapter 2.0 – Goals, Policies, and Programs 2-25 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Quantified Objective: 15 family friendly designated units (four-bedroom units) Timeframe: Develop regulatory incentive by June 2026
Responsible Party: Planning Department
Funding Source: General Fund
Program 4.9: Employee and Farmworker Housing (New)
Although there are no farmworkers that reside in Newman and no farm labor housing developments within the city limits, the City shares the responsibility for farmworker housing as farmworkers may work within 75 miles of agricultural land uses (including dairy, vineyards, and produce) and the City is within 75 miles of these uses.
The City has identified the following regional service providers and programs to assist farm-worker households within the greater Stanislaus County region:
Spanish Farmworkers Resource Line;
The Office of Migrant Services;
California Rural Legal Assistance;
Central Valley Opportunity Center; and
Farm and Food Worker Relief Grant Program.
The City will continue working with the Stanislaus Housing Authority and the Office of Migrant Services (OMS) to provide services to farmworkers, and will post these resources on the City website.
In compliance with the Employee Housing Act and Health and Safety Code 17021.6, the City of Newman will amend the Zoning Code to permit farmworker and employee housing in areas where there are agricultural uses (M and I Zoning Districts), without requiring a CUP, zoning variance, and/ or other zoning clearance.
Quantified Objective: N/A
Timeframe: Amend Zoning Code by June 2025
Responsible Party: Planning Department
Funding Source: General Fund
Chapter 2.0 – Goals, Policies, and Programs 2-26 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 GOAL 5 Publicize Housing Needs and Resources
Policies
Policy 5.1 The City shall make available to the public information on the enforcement activities of the State Fair Employment and Housing Commission.
Policy 5.2 The City shall continue to work with the County and surrounding jurisdictions to address the needs of the homeless on a regional basis.
Policy 5.3 The City shall cooperate with community-based organizations which provide services or information regarding the availability of services to the homeless.
Programs
Program 5.1: Fair Housing
The City shall continue to promote equal housing opportunity for all persons regardless of race, religion, sex, sexual orientation, marital status, ancestry, nation origin, or color by supporting efforts of community groups which provide counseling, investigatory, legal or referral to victims of discrimination. Specifically, the City shall:
Maintain information on state and federal fair housing laws in English and Spanish on the City’s website and at the Planning Division counter for public distribution; Provide information on state and federal fair housing laws in English and Spanish at the public library, police station, fire department, and schools; and Utilize a bilingual individual at the City to refer victims of housing discrimination to the appropriate local organization or to the State Fair Employment and Housing Commission.
Quantified Objective: N/A
Timeframe: Ongoing; Review fair housing cases received bi-annually Responsible Party: Planning Department
Funding Source: General Fund
Program 5.2: First Time Homebuyer Assistance
The City shall disseminate consumer protection information to first-time homebuyers to help protect against unwise lending practices. The City shall provide hard copies of an information sheet at City Hall and post electronic notices on the City’s website. This information shall be provided in both Spanish and English.
Quantified Objective: N/A
Timeframe: Ongoing; Review use and effectiveness of program annually Chapter 2.0 – Goals, Policies, and Programs 2-27 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Responsible Party: Planning Department
Funding Source: General Fund
Program 5.3: Affirmative Marketing for Affordable Housing (New) The City will work with affordable housing developers to ensure that affordable housing is affirmatively marketed to households with disproportionate housing needs. The City will notify a broad representation of the community to solicit ideas for housing strategies when they are discussed at Planning Commission or City Council meetings. Specific outreach activities include:
Maintain the Housing Element email list and send public notices to all interested public and non-profit agencies and affected property owners;
Post notices at multiple City bulletin boards/locations; Publish notices in the local newspaper when ordinances are considered; Post information and meeting information on the City’s website; Conduct outreach (workshops, neighborhood meetings) to the community as Housing Element programs are implemented; and
Announce results of meeting in City Manager email newsletter.
The City will also develop an engagement strategy to promote education and awareness of fair housing law and tenant protections, including source of income, State rent stabilization, just cause eviction regulations, and other related State laws. Additionally, the City will market listings for affordable housing as available.
Quantified Objective: 10 people reached per day at Newman Family Resource Center Timeframe: Develop engagement strategy by December 2025 Responsible Party: Planning Department
Funding Source: General Fund
Program 5.4: Affordable Housing Forum and Community Outreach (New) The City of Newman will establish or join regional efforts towards an annual forum with the Stanislaus Regional Housing Authority, developers, and property owners to learn how they may work together to support opportunities for a variety of housing types to be constructed.
Chapter 2.0 – Goals, Policies, and Programs 2-28 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 The City of Newman will invite the following:
Property owners with parcels that were rezoned during the 6th Cycle Housing Element; Property owners with parcels included in the sites inventory (see Chapter 5); Property owners who have applied for ADU permits since 2018; Affordable housing developers and contractors;
Stanislaus Regional Housing Authority; and
General public.
The City of Newman will reach out to the aforementioned stakeholders in English and Spanish via informational brochures, promotional materials, and social media.
Quantified Objective: N/A
Timeframe: Annual
Responsible Party: Planning Department
Funding Source: General Fund
Program 5.5: Leverage Resources from Stanislaus County (New) Stanislaus County serves as the lead entity of the Stanislaus Urban County, a HUD entitlement jurisdiction receiving funding from the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and the Neighborhood Stabilization Program (NSP). The City of Newman has been a part of the Stanislaus County Community Development Block Grant (CDBG) consortium since 2005.
The City of Newman will continue to work with Stanislaus County CDBG Consortium to provide affordable housing resources to Newman residents.
Quantified Objective: N/A
Timeframe: Annual
Responsible Party: Planning Department
Funding Source: Various
Chapter 2.0 – Goals, Policies, and Programs 2-29 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Program 5.6: Place-Based Strategies to Support Economic Mobility (New) To support a city-wide place-based strategy to address low-income earning potential of lowerincome residents, the City will expand low-barrier, low-skill job opportunities within the city by:
1. Meeting with at least two community-based partners on an annual basis to expand job opportunities in Newman and to seek partnerships to provide job readiness training, such as job training, resume and interview assistance to Newman residents in an effort to increase the household income of lower-income households;
2. Working with the Chamber of Commerce to encourage local employers to identify entry level positions with good pay that can be advertised to the Below Market Rate (BMR) tenants in Newman; and
3. Coordinate with job readiness service providers to market trainings and job opening announcements to BMR tenants and property managers of buildings with BMR units a minimum of two times per year.
Quantified Objective: Number of low-income residents assisted in obtaining employment on annual basis
Timeframe: Meet with community-based partners annually; Meet with Chamber of Commerce annually; Coordinate with job readiness service providers twice a year.
Responsible Party: Planning Department
Funding Source: Various
Program 5.7: Place-Based Strategies to Support Infrastructure Improvements (New) To support a city-wide place-based strategy to improve infrastructure, the City will prioritize revitalization strategies through targeted investment in areas of most need to improve community assets, parks, streets, active transportation, and infrastructure.
The City will continue to partner with Stanislaus County CDBG Consortium to fund projects listed in Table 2-5, which meet CDBG criteria for low-income eligible areas. This aligns with the City’s place-based strategy goals. For full project details, refer to Appendix C – City of Newman CDBG Projects.
Quantified Objective: Three projects completed by December 2028 Timeframe: Ongoing; Review status of projects annually
Responsible Party: Planning Department
Funding Source: Various
Chapter 2.0 – Goals, Policies, and Programs 2-30 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Table 2-5 Place-Based Infrastructure Projects
Census
Tract Project Name Project Location(s) Projected Timeline
35.02 Q Street Sidewalk Improvement Project Q St.
Complete
35.01 Klehn Park Improvement Project 1290 Amy Dr.
35.02 Steffensen/Sunshine Park Area Improvement
Project
1900 Block of Sydney Ave.
1900 Block of Leslie Ave.
Pine St. and Pine Ct.
Fall 2024
35.02 Hill Park Improvement Project Howard B. Hill Jr. Park (1583 Merced St.)
Future Projects
(Timeline TBD)
35.02 Stanislaus Street Pedestrian Safety Project Stanislaus St. and Inyo Ave.
35.02 Prince Street and Prince Road Sidewalk Project Prince St. and Prince Rd.
35.02 Mariposa Street Improvement Project Mariposa St.
35.01 Amy Drive Improvement Project Amy Dr.
35.01 Eucalyptus Avenue Improvement Project Eucalyptus Ave.
SOURCE: City of Newman
Program 5.8: Place-Based Strategies to Improve Educational Opportunities To support a city-wide place-based strategy to improve educational opportunities and outcomes, the City will meet with the Newman-Crows Landing Unified School District (NCLUSD) annually to determine what, if any outside factors impede school performance that can be alleviated, such as stable housing opportunities, affordable childcare opportunities for working parent(s), and more.
The City will also invite interested religious institutions to collaborate. If such needs are identified, the city will pursue solutions, which may include:
1. Review the Planning Regulations to ease the process for entitling a Childcare/Day Care Center and ensuring that childcare facilities are permitted near schools and employment centers.
Recommended modifications include allowing day cares and pre-schools as a conditional use in areas that allow commercial and mixed uses (C-1, C-2, PO).
2. Coordination with Newman-Crows Landing Unified School District (NCLUSD) and those that participate in programs through the Newman Family Resource Center on identifying affordable childcare and after-school opportunities for low income, working parents.
3. The City will partner with the NCLUSD and homeless service providers to support at-risk families with information regarding local resources, fair housing education, access to legal aid, and potential housing opportunities.
Quantified Objective: N/A
Timeframe: Review planning regulations by December 2025; Meet with NCLUSD and Newman Family Resource Center annually; Ongoing partnership with NCLUSD and local non-profit service providers
Chapter 2.0 – Goals, Policies, and Programs 2-31 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Responsible Party: Planning Department
Funding Source: Various
Program 5.9: ADU Outreach and Incentives
The City is dedicated to the promotion of ADUs and will conduct the following actions to promote and incentivize ADU development:
Develop a webpage on the City’s website to inform the public on the benefits of ADUs; post informational materials, such as the Accessory Dwelling Unit Handbook published by the State Department of housing and Community Development (HCD); post local regulations, and example floor plans;
Explore developing pre-approved ADU plans to provide a more streamlined process for property owners and developers;
Develop outreach materials in Spanish;
Promote ADU development with an annual workshop on ADU development with building inspector and planners;
Waive City building permit fees for units that are deed restricted for low- or very low-income units and for property owners of households that qualify as moderate to very low-income; Pursue funding opportunities to promote the development and affordability of ADUs in the City. Funding sources may include CalHFA ADU Grant Program; CalHome Program; LEAP Grants; REAP Grants; SB 2 Planning Grants; and CDBG Funds.
Quantified Objective: Number of building permits submitted for ADUs Timeframe: Develop webpage on City website by June 2026; Explore developing preapproved ADU plans by December 2026; Host annual ADU Development workshop; and Pursue funding opportunities on a bi-annual basis.
Responsible Party: Planning Department
Funding Source: Various
Chapter 2.0 – Goals, Policies, and Programs 2-32 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 This side intentionally left blank.
Chapter 3.0 – Housing Needs and Fair Housing Report 3-1 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024
3.0 Housing Needs and Fair Housing Report
3.1 Introduction
The following report provides both the City of Newman Housing Needs Assessment and Fair Housing Assessment. This analysis primarily utilizes U.S. Census Bureau American Community Survey (ACS) 5-Year Estimate data and California Department of Housing and Community Development (HCD) data. Data is primarily reported for the year of 2019, however, due to mapping resources provided by the HCD AFFH Data Viewer, data is also reported for 2021 through 2023. Throughout this analysis, the City has included programs as appropriate, to implement and regulate actions to enable housing development that is inclusive and meets the needs of Newman residents. Chapter 2 of the Housing Element provides a comprehensive list of goals, policies, and programs to ensure implementation and regulation.
Housing Needs Assessment
The Housing Needs Assessment for the City of Newman provides an in-depth analysis of the City’s housing and population conditions including population, employment, economics, household and housing stock characteristics. This assessment develops context for the City’s goals, programs, and policies for the 6th Cycle Housing Element.
Fair Housing Assessment
In 2018, Governor Brown signed Assembly Bill (AB) 686 which requires departments and agencies to administer programs relating to housing in a way that affirmatively furthers fair housing (AFFH).
1 As of January 1, 2019, AB 686 extends the obligation to affirmatively further fair housing to all public agencies in the State of California. This affirmative duty is not limited to those agencies with relationships with the federal government and is to be broadly applied throughout agencies at the state and local level. Now, all public agencies must both (1) administer programs and activities relating to housing and community development in a manner that affirmatively furthers fair housing, and (2) take no action inconsistent with this obligation.2 AB 686 also made changes to Housing Element Law, requiring Housing Elements and General 1 Public agencies receiving funding from the U.S. Department of Housing and Urban Development (HUD) are also required to demonstrate their commitment to AFFH. The federal obligation stems from the fair housing component of the federal Civil Rights Act mandating federal fund recipients to take “meaningful actions” to address segregation and related barriers to fair housing choice. 2 California Department of Housing and Community Development Guidance, 2021, page 9.
Chapter 3 – Housing Needs and Fair Housing Report 3-2 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Plans to incorporate AFFH requirements. Such requirements include an analysis of fair housing outreach and capacity, integration and segregation, access to opportunity, disparate housing needs, and current fair housing practices.
Affirmatively Furthering Fair Housing
“Affirmatively furthering fair housing” means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.
The duty to affirmatively further fair housing extends to all of a public agency’s activities and programs relating to housing and community development. (Gov. Code, § 8899.50, subd. (a)(1).)”
SOURCE: California Department of Housing and Community Development Guidance, 2021, page 14.
History of segregation in the region
The United States’ oldest cities have a history of mandating segregated living patterns—and cities in the San Joaquin Valley region are no exception. Stanislaus County and the San Joaquin Valley region have a troubled history of
segregation and racism from the time of the European
settlers to the present. Some of the segregation in the San Joaquin Valley area can be attributed to historically
discriminatory practices, such as, restrictive covenants, redlining and discriminatory mortgage approvals, as well as “structural inequities” in society, and “self-segregation” (i.e., preferences to live near similar people).
Founded in 1888 and officially incorporated in 1908, the City of Newman was established as a primary site for the termination of the Pacific Railroad.
3 During the Great
Depression, the region became home to many migrant
workers that were employed in Modesto or Turlock.
3 https://www.jmaw.org/simon-newman-jewish-california/
Th is h ist o ry o f se gre ga t ion
in t h e re gion is im port a n t
n ot on ly to un dersta nd how
re siden t ia l se t t le m e n t
patterns cam e about—but,
m ore im porta n tly, to
e xpla in differe n ce s in
h ou sing opportu n ity am ong
re sid e n t s t od a y. In su m , n o t
a ll re siden t s h a d t h e a bility
t o bu ild h ou sin g we a lth or
a ch ieve econ om ic
o p p o rt u n it y. Th is
h ist orica lly u n equ a l pla yin g
fie ld in pa rt de t e rm in es wh y
re siden t s h a ve differe n t
h ou sing needs toda y.
Chapter 3 – Housing Needs and Fair Housing Report 3-3 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Emily Tumpson Molina, in the article Race, Municipal Underbounding, and Coalitional Politics in Modesto, California, and Moore County, North Carolina, describes “municipal underbounding” as the process by which municipalities draw their boundaries to exclude particular communities from municipal services, typically based on their racial or economic composition” and uses this terminology to detail the ways in which these physical and social boundaries, and “…[p]revailing patterns of segregation have enabled the city of Modesto and Stanislaus County to deny basic services like sidewalks, wastewater disposal, trash collection, and police protection to the predominantly Latino communities…”.4
In addition to historical discriminatory practices that embedded segregation into living patterns throughout the Stanislaus County and San Joaquin Valley, it is also necessary to recognize the historical impacts of colonization and genocide on Indigenous populations and how the effects of those atrocities are still being felt today. In Stanislaus County and San Joaquin Valley, many of the indigenous populations were displaced due to the migration of Spanish missionaries, European settlers, goldminers, and trappers into the region. Historically, the region had been home to indigenous populations for more than 10,000 years. The original inhabitants of present-day Stanislaus County were the Yokut who have lived in communities related by language, blood, and culture.
5 However, “[d]ue to the devastating policies and practices of a succession of explorers, missionaries, settlers, and various levels of government over the centuries since European expansion, these tribes have lost the vast majority of their population as well as their land.”6
The lasting influence of these policies and practices have contributed directly to the disparate housing and economic outcomes collectively experienced by Native populations today.7
According to the Modesto Bee, the primary news outlet for the City of Modesto, an increasing number of racist incidents and segregation has led to an investigation of restrictive covenants and other discriminatory housing policies in Stanislaus County.8 As a means of addressing these issues within the City of Newman, enacting policies and programs that promote AFFH (“Affirmatively Furthering Fair Housing”) and highlight the community’s assets could attract a diverse group of individuals to the area, and undo some of the segregation patterns in the area, as well.
4Molina, E. T. (2014). Race, Municipal Underbounding, and Coalitional politics in Modesto, California, and Moore County, North Carolina. Kalfou: A Journal of Comparative and Relational Ethnic Studies, 180–187. 5 https://www.valleyhistory.org/native-americans 6 https://www.smcoe.org/for-communities/indigenous-people-of-san-mateo-county.html 7 https://www.americanprogress.org/article/systemic-inequality-displacement-exclusion-segregation/ 8 Stanislaus to search records for racist property covenants Chapter 3 – Housing Needs and Fair Housing Report 3-4 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-1, on the following page, provides a timeline of major legal and public actions that have influenced fair access to housing beginning in 1910.
As shown in the timeline, exclusive zoning practices were common in the early 1900s. Courts struck down only the most discriminatory and allowed those that would be considered today to have a “disparate impact” on classes protected by the Fair Housing Act. For example, the 1926 case Village of Euclid v. Amber Realty Co. (272 U.S. 365) supported the segregation of residential, business, and industrial uses, justifying separation by characterizing apartment buildings as “mere parasite(s)” with the potential to “utterly destroy” the character and desirability of neighborhoods. At that time, multifamily apartments were the only housing options for people of color, including immigrants.
The Federal Fair Housing Act was not enacted until nearly 60 years after the first racial zoning ordinances appeared in U.S. cities. This coincided with a shift away from federal control over low-income housing toward locally-tailored approaches (block grants) and market-oriented choice (Section 8 subsidies)—the latter of which is only effective when adequate affordable rental units are available.
Overview of Newman
Over the past 10 years, the City of Newman has experienced growth in population which means more housing of various types and sizes is needed to ensure that residents across all income levels, ages, and abilities have a place to call home. While the number of people drawn to the City has steadily increased, housing production has stalled, contributing to the housing shortage in the City. Additionally, with increasing population and economic pressures comes the space for inequitable housing practices. The following Housing Needs and Fair Housing Assessment develops context for the goals, policies, and programs that Newman will implement to address inequities in the 2023 – 2031 planning period.
Chapter 3 – Housing Needs and Fair Housing Report 3-5 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-1 Major Public and Legal Actions that Influence Fair Access to Housing SOURCE: Root Policy Research
Chapter 3 – Housing Needs and Fair Housing Report 3-6 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024
3.2 Population, Employment, and Household Characteristics Population characteristics impact current and future housing needs in a community. A city’s population growth, age composition and race and ethnicity composition determine the type and extent of housing needed. The following section provides an analysis of population characteristics and local trends that affect housing demand in Newman.
Population Growth
Table 3-1 shows population growth in Newman, the County, and neighboring cities between 2010- 2019. In Newman, the population increased approximately 15 percent from 2010 to 2019. Between this period, the City of Newman’s population steadily increased as did the County and neighboring cities of Patterson and Turlock, but remained the smallest in size.
Table 3-1 Population Growth by Jurisdiction, 2010-2019
Jurisdictions Population
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
Stanislaus
County 509,682 512,469 515,115 518,321 522,794 527,367 530,561 535,684 539,301 543,194 Newman 9,806 9,989 10,229 10,401 10,553 10,667 10,808 10,951 11,119 11,317 Patterson 19,110 19,697 20,113 20,480 20,736 20,967 21,205 21,497 21,783 22,066 Turlock 67,376 67,953 68,576 69,185 69,875 70,596 71,166 71,906 72,335 72,904 SOURCE: U.S. Census Bureau, ACS 5-Year Estimate, 2010-2019 Table 3-2 illustrates population projections in Newman between 2020 and 2050. According to the 2021 Stanislaus County Demographic and Employment Forecast, Newman’s population is projected to increase approximately 36 percent by 2050.
Table 3-2 Population Projection, Newman, 2020-2050
Jurisdictions Population Projection
2020 2025 2030 2035 2040 2045 2050
Stanislaus County 560,582 592,113 609,576 625,215 644,296 665,867 688,585 Newman 11,334 12,297 12,829 13,307 13,889 14,547 15,420 Patterson 22,284 25,696 27,585 29,278 31,342 33,676 36,134 Turlock 75,015 80,342 83,293 85,935 89,159 92,803 96,641 SOURCE: Stanislaus County Demographic and Employment Forecast, 2021 Chapter 3 – Housing Needs and Fair Housing Report 3-7 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Age Characteristics
A community’s housing needs are partly determined by preferences of age groups and household types (age, family/non-family, presence of children, female-headed, etc.). When seeking housing, households may prioritize factors such as size, accessibility, and price. For instance, younger and middle-aged households may seek homes that can accommodate a growing household size, whereas older adults may seek to downsize to an apartment with assistive care services or a smaller more affordable single-family home. Disabled persons may seek homes that are accessible and include universal design or visitability features. Overall, the life stages of a population determine the housing stock that is needed in a community.
In 2010, Newman’s predominant age group was individuals between 5 and 34 years of age (17 percent). Figure 3-2, Population Distribution by Age, shows that between 2010 and 2019, the general age of the population has been slowly increasing. Senior populations remained less than 10 percent in the City from 2010 to 2015, but have since reached 11 percent as of 2019. In 2019, the City’s median age was 33. Overall, Newman’s aging trend suggests a demand for housing geared toward younger to middle-aged persons and families as well as increasing senior populations.
Figure 3-2 Population Distribution by Age, Newman, 2010-2019 SOURCE: U.S. Census Bureau, ACS 5-Year Estimates, 2010, 2015, 2019 Table 3-3, Population Age Distribution by Jurisdiction, shows that Newman’s most populous age group in 2019 was individuals 5 to 14 years of age (18 percent) followed by individuals aged 25 to 34 (16 percent). Compared to the County and neighboring cities, Newman has the largest 5 to 14 age group. This suggests a need for housing options suitable for families. 9%
17%
16%
17%
12% 13%
9%
5%
2% 1%
9%
17%
15%
13%
12%
13%
11%
4%
2% 2%
8%
18%
12%
16%
13%
10% 11%
6%
4%
1%
0%
2%
4%
6%
8%
10%
12%
14%
16%
18%
20%
Age 0-4 Age 5-14 Age 15-24 Age 25-34 Age 35-44 Age 45-54 Age 55-64 Age 65-74 Age 75-84 Age 85+ 2010 2015 2019
Chapter 3 – Housing Needs & Fair Housing Report 3-8 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Table 3-3 Population Age Distribution by Jurisdiction, 2019 Jurisdiction Population Age
0-4 5-14 15-24 25-34 35-44 45-54 55-64 65-74 75-84 85+
Stanislaus County 7% 15% 14% 15% 13% 12% 11% 8% 4% 2%
Newman 8% 18% 12% 16% 13% 10% 11% 7% 4% 1%
Patterson 10% 15% 16% 16% 12% 14% 9% 5% 3% 1%
Turlock 7% 15% 15% 15% 13% 13% 10% 8% 4% 2%
SOURCE: U.S. Census Bureau, ACS 5-Year Estimates, 2019
Household Characteristics
Characteristics of a household include household type and size, income, affordability, and special needs groups. According to HCD, a household is defined as “All persons who occupy a housing unit. The occupants may be a single family, one person living alone, two or more families living together, or any groups of related or unrelated persons who share living arrangements.” Large families, single parent households, female-headed households, or extremely low- and low-income households may be classified as Special Needs groups. Special Needs groups are identified due to the unique nature of household characteristics and potential housing challenges faced. The following section examines household characteristics trends in Newman and the region.
Table 3-4 provides an overview of the projected housing units needed in Stanislaus County, Newman, and neighboring cities, Patterson and Turlock.9 According to the 2021 Stanislaus County Demographic and Employment Forecast, Newman is forecast to have a household growth of approximately 42 percent by 2050. This reflects 14 percentage points more than the County and 7 points more than Turlock, but 26 points less than Patterson.
Table 3-4 Housing Forecast by Jurisdiction, 2020-2050
Jurisdictions 2020 2025* 2030* 2035* 2040* 2045* 2050*
Percent
Change from
2020-2050
Stanislaus County 179,276 190,782 200,258 208,137 215,916 222,845 230,072 28% Newman 3,320 3,636 3,881 4,088 4,301 4,498 4,703 42%
Patterson 6,020 7,117 7,968 8,686 9,420 10,105 10,820 68% Turlock 25,788 27,833 29,464 30,829 32,204 33,460 34,770 35% SOURCE: Stanislaus County Demographic and Employment Forecast, 2021 NOTE: *Projected growth values
9 Source: Stanislaus County Demographic and Employment Forecast, 2021 Chapter 3 – Housing Needs and Fair Housing Report 3-9 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Household Type and Size
Figure 3-3 illustrates household characteristics by type in 2019 for Newman, the County, and neighboring cities, Patterson and Turlock.
Figure 3-3 Household by Type by Jurisdiction, 2019
SOURCE: U.S. Census Bureau, ACS 5-Year Estimates, 2019
In Newman, the largest household type is married-couple family households (56 percent) followed by female-headed households (17 percent). Similarly, the largest household type in the County and neighboring cities is also married-couple family households. Newman has the highest percentage of female-headed (17 percent) and male-headed households (11 percent) compared to the County and neighboring cities. Additionally, Newman (15 percent) and Patterson (12 percent) have the lowest percentage of single-person households compared to the County (21 percent) and Turlock (23 percent).
Figure 3-4 illustrates household changes between 2010 and 2019 in Newman. Over the last decade, married-couple family households have remained the largest household type in the City followed by female-headed households. During this period, other non-family households experienced the greatest decline (4 percent) and male-headed households experienced the greatest increase (3 percent). These changes and trends in household type over time indicate a need for affordable housing options that appeal to larger sized households and single-person households.
14.8% 17.0% 14.5% 15.3%
7.6%
10.5% 9.2% 7.3%
51.8%
56.3% 60.9%
48.0%
5.4%
1.2% 3.4%
6.2%
20.5% 14.9% 12.0%
23.2%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Stanislaus
County
Newman Patterson Turlock
Single-person Households
Other Non-Family Households
Married-couple Family Households
Male-headed Households
Female-Headed Households
Chapter 3 – Housing Needs & Fair Housing Report 3-10 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-4 Changes in Household Types, Newman, 2010-2019 SOURCE: U.S. Census Bureau, ACS 5-Year Estimates, 2010-2019 NOTE: Non-family households include unrelated persons living in one housing unit.
Figure 3-5 illustrates households by household size for Newman, the County, and neighboring cities.
Newman’s predominant household type according to size is 3 to 4-person households (38 percent) followed by 2-person households (26 percent). This is consistent with findings in Figure 3-4, with married-couple family households remaining the largest household type since 2010 along with female headed households and single person households. This reflects a demand for affordable housing units that appeal to larger family households as well as smaller and single-person households. Regionally, Newman is on par with the County and neighboring cities’ household types according to size. However, Turlock has a smaller percentage of 5 or more person households and larger 1- and 2-person households than the region.
16.2% 14.9% 14.2% 16.1% 19.8% 19.7% 17.4% 16.3% 15.8% 17.0%
7.5% 8.3% 8.3% 9.6%
10.4% 8.8% 9.5% 11.4% 10.4% 10.5%
57.9% 59.2% 57.0% 54.8% 51.5% 53.3% 54.3% 55.2% 56.0% 56.3%
4.9% 4.7%
4.3% 4.1% 3.1% 3.4% 3.3% 3.2% 3.0% 1.2%
13.4% 13.0% 16.2% 15.4% 15.2% 14.9% 15.5% 13.8% 14.8% 14.9% 0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
Single-person Households
Other Non-Family Households
Married-couple Family Households
Male-headed Households
Female-Headed Households
Chapter 3 – Housing Needs and Fair Housing Report 3-11 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-5 Households by Household Size by Jurisdiction, 2019 SOURCE: U.S. Census Bureau, ACS 5-Year Estimates, 2019
Employment
Employment characteristics can significantly impact the housing needs and trends of a community from income and wage scale to job location and industry. Employment and income are determinates of a population’s ability to purchase housing including the type of housing and size, both of which can induce negative effects such as overpayment and overcrowding. Table 3-5 summarizes projected employment growth for Newman, the County, and neighboring cities from 2020 to 2050.
According to the Stanislaus County 2021 Demographic and Employment Forecast, Newman is projected to experience an employment decline of 0.1 percent between 2020 to 2050. Newman is the only jurisdiction with a projected decline in employment for this period in the County. This projected decline in employment may give rise to or exacerbate jobs-workers imbalances in the City.
Table 3-5 Employment Growth Forecast by Jurisdiction, 2020-2050 Jurisdictions Population Change
2015 - 2045
2020 2025* 2030 2035* 2040* 2045* 2050* Percent
Stanislaus County 238,362 267,154 271,450 276,735 284,324 292,786 302,628 26% Newman 2,085 2,065 2,066 2,070 2,077 2,079 2,082 -0.1%
Patterson 6,673 7,737 8,030 8,314 8,718 9,112 9,606 44% Turlock 33,001 38,430 38,828 39,387 40,259 41,243 42,395 28% SOURCE: Stanislaus County Demographic and Employment Forecast, 2021 NOTE: *Projected growth values
21.7% 15.1% 12.9%
24.8%
25.9%
25.2%
19.2%
27.3%
34.2%
38.1%
39.5%
34.0%
18.2% 21.5% 28.4%
13.9%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Stanislaus
County
Newman Patterson Turlock
5-Person or More Household
3-4-Person Household
2-Person Household
1-Person Household
Chapter 3 – Housing Needs & Fair Housing Report 3-12 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Table 3-6 shows 2010 and 2019 employment data for Newman by sector. Key findings in employment data include the following:
In 2010 and 2019, the largest employers in Newman were Education services, healthcare, and social assistance industries are the largest employers of Newman (17 percent) followed by manufacturing (17 percent and 19 percent, respectively); Retail trade experienced the greatest growth between 2010 and 2019 (133 percent), followed by transportation and warehousing, and utilities (132 percent); Five sectors experienced drastic declines in employment between 2010 and 2019 including construction (57 percent), agriculture, forestry, fishing and hunting, and mining (47 percent) and professional, scientific, management, and administrative services (33 percent); and
Overall, there was an 11 percent increase in employment for Newman residents between 2010 and 2019.
Table 3-6 Employment by Sector, Newman, 2010 and 2019
Industry Sector
2010 2019 Percent
Change
2010-2019 People
Employed
Percent of City
Employment
People
Employed
Percent of City
Employed
Agriculture, forestry, fishing and
hunting, and mining 397 10% 208 5% -47%
Construction 474 12% 201 5% -57%
Manufacturing 647 17% 819 19% 26%
Wholesale Trade 142 4% 251 6% 76%
Retail Trade 251 7% 587 14% 133%
Transportation and warehousing,
and utilities 225 6% 522 12% 132%
Information 16 0.4% 30 0.7% 87%
Finance and insurance, real
estate, and rental leasing 170 4% 144 3% -15%
Professional, scientific,
management, and administrative
services
455 12% 304 7% -33%
Education services, healthcare,
and social assistance 665 17% 725 17% 9%
Arts, entertainment, recreation,
accommodation, and food services 264 7% 336 8% 27%
Public Administration 146 4% 164 4% 12%
Total Employment 3,852 100% 4,291 100% 11%
Chapter 3 – Housing Needs and Fair Housing Report 3-13 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 SOURCE: U.S. Census Bureau, ACS 5-Year Estimates, 2010, 2019 Balance of Jobs to Workers
A city houses employed residents who either work in the community where they live or work elsewhere in the region. Conversely, a city may have job sites that employ residents from the same city but more often employ workers commuting from outside of it. Smaller cities will typically have more employed residents than jobs and export workers, while larger cities tend to have a surplus of jobs and import workers. To some extent, the regional transportation system is set up for this flow of workers to the region’s core job centers. At the same time, as the housing affordability crisis has illustrated, local imbalances may be severe, where local jobs and worker populations are out of sync at a sub-regional scale.
One measure of local imbalance is the relationship between workers and jobs. A city with a surplus of workers, “exports” workers to other parts of the region, while a city with a surplus of jobs must conversely “import” them.
A community may offer employment for relatively low-income workers but have relatively few housing options for those workers. Conversely, it may house residents who are low-wage workers but offer few employment opportunities for them. Such relationships may cast extra light on potentially pent-up demand for housing in particular price categories. A relative surplus of jobs relative to residents in a given wage category suggests the need to import those workers, while conversely, surpluses of workers mean the community will export those workers to other jurisdictions. Such flows are not inherently bad, though over time, sub-regional imbalances may appear.
Figure 3-6 illustrates worker earnings in relation to worker place of residence and place of work in Newman. The City has more workers than jobs at all income levels. Specifically, the City experiences the largest imbalances for low- and moderate-wage jobs to residents, respectively (where low-wage refers to jobs paying less than $25,000 and moderate-wage refers to jobs paying less than $49,999).
Chapter 3 – Housing Needs & Fair Housing Report 3-14 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-6 Worker Earnings by Place of Residence & Place of Work, Newman, 2019 SOURCE: U.S. Census Bureau, ACS 5-Year Estimates, 2019
According to Figure 3-6, in 2019, Newman has more workers than jobs for all income levels, meaning Newman is a net-exporter of workers. This reflects a need for more job opportunity within the City to balance out the number of jobs to workers. This imbalance is likely impacted by the movement of Bay Area workers into Newman as a result of more affordable housing. This increases the number of obstacles to obtaining affordable housing for Newman community members, as economic opportunities in the City are low, making it difficult to compete with the financial capabilities of Bay Area workers.
Figure 3-7 illustrates employment data by industry in Newman, the County, and neighboring cities.
The largest industry of employment for the County (21 percent) and the neighboring City of Turlock (27 percent) is Health and Educational Services. In Newman, the largest employer is Manufacturing (19 percent) and in Patterson, Retail Trade (22 percent). 386
766
1,455
807
728
125 164
530
240 248
0 200
400
600
800
1,000
1,200
1,400
1,600
Less than $9,999 $10,000 to
$24,999
$25,000 to
$49,999
$50,000 to
$74,999
$75,000 or more
Place of Residence Place of Work
Chapter 3 – Housing Needs and Fair Housing Report 3-15 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-7 Jobs by Industry by Jurisdiction, 2019
SOURCE: U.S. Census Bureau, ACS 5-Year Estimates, 2019
Unemployment rates are essential to understanding the affordability needs of a community when determining housing options. Table 3-7 provides a breakdown of unemployment rates for Newman, the County, and neighboring cities. In 2019, Newman had a 13.5 percent unemployment rate, higher than the County, Patterson and Turlock. This is a result of the lack of available jobs in the City for residents.
Table 3-7 Unemployment Rate, Newman, 2019
Jurisdictions Unemployment Rate
Stanislaus County 9%
Newman 13.5%
Patterson 9%
Turlock 7%
SOURCE: U.S. Census Bureau, ACS 5-Year Estimates, 2019
The Stanislaus Council of Governments (StanCOG) approved Regional Housing Needs Assessment (RHNA) Methodology is broken down into four income levels:
Very Low-Income (50 percent or less of the County’s median income); Low-Income (50-80 percent of the County’s median income); Moderate-Income (80-120 percent of the County’s median income); and Above Moderate-Income (120 and above the County’s median income). 6% 5% 6% 5%
13% 8%
13% 11%
8%
5%
12%
5%
3%
3%
1%
4%
4%
4%
3%
5%
21%
17%
13% 27%
1%
1%
2%
2%
12%
19% 8%
13%
4%
6%
5%
4%
8%
7%
4%
7%
13%
14%
22%
13%
7% 12% 12% 6%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Stanislaus County Newman Patterson Turlock
Transportation & Utilities
Retail Trade
Professional & Managerial Services
Wholesale Trade
Manufacturing
Information
Health & Educational Services
Government
Financial & Leasing
Construction
Arts, Recreation & Other Services
Agriculture & Natural Resources
Chapter 3 – Housing Needs & Fair Housing Report 3-16 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 The City of Newman’s RHNA allocation is presented in Table 3-8.
Table 3-8 Regional Housing Needs Allocation 2023 – 2031 Income Group Percentage of AMI Share
Extremely Low-Income10 <30 99
Very Low-Income <50 98
Low-Income 50-80 136
Moderate-Income 80-120 218
Above Moderate-Income 120+ 497
Total 1,048
SOURCE: City of Newman, 2022
In Stanislaus County, the median household income in 2019 was an estimated $60,704 compared to Newman at $62,877.
According to Table 3-9, the occupations that fall below 50 percent of the median income are Food Preparation and Serving-Related Occupations; Personal Care and Service Occupations; and Farming, Fishing, and Forestry Occupations. Many occupations in Stanislaus County have an average income that is low (50 to 80 percent AMI) or very low (<50 percent AMI). If applied to Newman, it should be anticipated that affordable housing is needed to accommodate potential low- and very lowincome households. 10 Extremely low-income RHNA is found as a subset within the very low-income category for all other tables in this document.
Chapter 3 – Housing Needs and Fair Housing Report 3-17 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Table 3-9 Occupations by Mean Salary, Stanislaus County, 2019 Occupation Salary
Management Occupations $104,863
Business and Financial Operations Occupations $68,981
Computer and Mathematical Occupations $72,928
Architecture and Engineering Occupations $82,838
Life, Physical, and Social Science Occupations $74,841
Community and Social Services Occupations $50,830
Legal Occupations $78,168
Education, Training, and Library Occupations $61,309
Arts, Design, Entertainment, Sports, and Media Occupations $45,946 Healthcare Practitioners and Technical Occupations $94,039 Healthcare Support Occupations $37,455
Protective Service Occupations $56,032
Food Preparation and Serving-Related Occupations $27,165 Building and Grounds Cleaning and Maintenance Occupations $35,060 Personal Care and Service Occupations $27,670
Sales and Related Occupations $37,342
Office and Administrative Support Occupations $39,537
Farming, Fishing, and Forestry Occupations $27,602
Construction and Extraction Occupations $52,955
Installation, Maintenance, and Repair Occupations $52,124 Production Occupations $41,097
Transportation and Material Moving Occupations $39,135
SOURCE: California Employment Development Division, Occupational Wage data, 2019
3.3 Integration and Segregation
Residential segregation and exclusion, whether by race, ethnicity, disability, or income, is a result of numerous housing policies, practices, and procedures—both public and private—that have had enduring and pervasive negative impacts. Overt and covert housing discrimination through land use policy, shifting housing markets, and patterns of investment and disinvestment, have restricted meaningful fair housing choice and equitable access to opportunity, particularly for communities of color. Historic patterns of segregation persist in California despite the long-standing federal mandate, established by the Fair Housing Act of 1968, that federal agencies and federal grantees affirmatively further the purposes of the FHA. Past and present discriminatory policies and practices, including long-term disinvestment, have resulted in neighborhoods with concentrated Chapter 3 – Housing Needs & Fair Housing Report 3-18 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 poverty and poor housing stock, limited access to opportunity, unsafe environmental conditions, underfunded schools, dilapidated infrastructure, and other disproportionately experienced problems.
In addition, governmental policies have subsidized the development of segregated, high- resourced suburbs in metropolitan areas by constructing new highway systems—often through lower income communities of color— to ensure access to job opportunities in urban centers. This physical and policy infrastructure supports patterns of discrimination and high levels of segregation that continue to persist in California and across the country. All of these conditions persist despite the over 50- year-old obligation to prohibit discrimination and affirmatively further fair housing.11 SOURCE: California Department of Housing and Community Development Guidance, 2021, page 31.
Race and Ethnicity Characteristics
Ethnic and racial composition of a region is useful in analyzing housing demand and any related fair housing concerns, as it can demonstrate a relationship with other characteristics such as household size, locational preferences, and mobility.
To measure segregation in a jurisdiction, the U.S. Department of Housing and Urban Development (HUD) provides racial or ethnic dissimilarity trends. The Dissimilarity Index, or DI, is a common tool used to measure segregation in a community. The DI measures the degree to which two distinct groups are evenly distributed across a geographic area. The DI represents the percentage of a specific group’s population that would have to move, in order for each area in the County to have the same percentage of that group as the County overall.
DI values range from 0 to 100—where 0 represents perfect integration and 100 represents complete segregation. The following shows HUD’s categorization of DI levels:
<40: Low Segregation
40-54: Moderate Segregation
>55: High Segregation
11 California Department of Housing and Community Development. 2021. AFFH Guidance Memo. https://www.hcd.ca.gov/community- development/affh/docs/affh_document_final_4-27-2021.pdf Integration and Segregation
“Integration generally means a condition in which there is not a high concentration of persons of a particular race, color, religion, sex, familial status, national origin, or having a disability or a particular type of disability when compared to a broader geographic area.
Segregation generally means a condition in which there is a high concentration of persons of a particular race, color, religion, sex, familial status, national origin, or having a disability or a type of disability in a particular geographic area when compared to a broader geographic area.” Chapter 3 – Housing Needs and Fair Housing Report 3-19 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Similarly, the isolation index is interpreted as the probability that a randomly drawn minority resident shares an area with a member of the same minority. It ranges from 0 to 100 and higher values of isolation tend to suggest higher levels of segregation.
Regional Trends
In Stanislaus County, Hispanic or Latino individuals comprise 46 percent of the population compared to 70 percent of Newman’s population. The non-Hispanic White population is the second largest racial group in the County (42 percent) followed by the Asian population (5.4 percent) and the Black or African American population (3 percent) Three percent of the County’s population is comprised of some other race or two or more races. American Indian or Alaska Native and Native Hawaiian and Other Pacific Islanders makeup less than 1 percent each in the County. Figure 3-8 illustrates the racial and ethnic composition of Newman compared to the County.
Figure 3-8 Population by Race in Newman Compared to Stanislaus County, 2019 SOURCE: U.S. Census Bureau, ACS 5-Year Estimates, 2019
American
Indian or
Alaska
Native
Asian
Black or
African
American,
NonHispanic
White,
NonHispanic
Some
other
race/Two
or more
races
Hispanic
or Latino
Native
Hawaiian
and Other
Pacific
Islander
Newman 0.0% 1.4% 1.9% 26.5% 0.7% 69.5% 0.0%
Stanislaus County 0.5% 5.4% 2.8% 41.9% 2.6% 46.3% 0.7%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Chapter 3 – Housing Needs & Fair Housing Report 3-20 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Compared to nearby cities, the Hispanic or Latino population is also the predominant racial/ethnic group with the exception of the City of Turlock, which has a non-Hispanic White majority population. The County (42 percent) and the nearby City of Turlock (50 percent) had the largest non-Hispanic White populations compared to Newman (27 percent). Table 3-10 reports population by race in Newman, the County, and nearby cities.
Table 3-10 Population by Race by Jurisdiction, 2019
Jurisdiction
American
Indian or
Alaska
Native
Asian,
alone
Black or
African
American,
NonHispanic
White, NonHispanic
Some
Other
Race/Two
or More
races
Hispanic
or Latino
Native
Hawaiian
and Other
Pacific
Islander
Stanislaus County 0.5% 5.4% 2.8% 41.9% 2.6% 46.3% 0.7%
Newman 0% 1.4% 1.9% 26.5% 0.7% 69.5% 0%
Patterson 0% 6.6% 6.1% 20.6% 1.8% 62.9% 2%
Turlock 0.6% 6% 2.4% 50.4% 2.9% 37.4% 0.2%
SOURCE: U.S. Census Bureau, ACS 5-Year Estimates, 2019
Although Newman has the largest Hispanic or Latino (70 percent) population compared to surrounding cities and the County, it has the lowest Asian (1.4 percent), Black or African American (1.9 percent), Some Other Race/Two or More Races (0.7 percent) and no American Indian or Alaska Native or Native Hawaiian and Other Pacific Islander groups.
Table 3-11 reports dissimilarity index trends for 2000, 2010, and 2020 for Stanislaus County. In Stanislaus County, all minority (non-White) residents combined are considered moderately segregated from White residents, with an index score of 34.47 in 2020. According to Table 3-11, segregation between non-White residents and White residents has increased in Stanislaus County. In fact, all dissimilarity indices between Black, Hispanic, Asian/Pacific Islander, and White residents has increased since 2000. According to HUD’s dissimilarity index categories, Hispanic residents and all non-White residents have a low level of segregation. Black or African American and Asian/Pacific Islander residents have a moderate level of segregation.
Chapter 3 – Housing Needs and Fair Housing Report 3-21 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Table 3-11 Dissimilarity Indices, Stanislaus County, 2000-2020 Race/Ethnicity Stanislaus County
2000 2010 2020
Asian/Pacific Islander vs White 33.74 38.32 46.31
Black/African American vs
White 42.76 42.78 49.11
Hispanic/Latino vs White 31.32 32.69 34.47
Non-White vs White 29.8 32.25 34.47
SOURCE: HUD AFFH Database, 2020
Figure 3-9 and Figure 3-10 illustrate the concentrations of minority/non-White populations and majority populations across the region. Figure 3-9 shows that the county has a large share of nonWhite residents with high concentrations (40 to 80 percent) spanning across the region. Specifically, areas west and south of Modesto have higher shares (40 to 80 percent) of non-White populations, while east and north of Modesto have lower shares (<20 to 40 percent) of non-White populations.
Figure 3-10 illustrates that the region is largely comprised of both Hispanic/Latino and nonHispanic White residents. Larger cities such as Modesto and Turlock have high levels of geographic variation in the percent of non-White residents ranging from less than 20 percent up to 80 percent.
However, most cities in the region have less variation and fall within the 40 to 80 percent range for non-White population.
Chapter 3 – Housing Needs and Fair Housing Report 3-22 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-9 Percent Non-White Population, 2018
SOURCE: California Department of Housing and Community Development AFFH Data Viewer Chapter 3 – Housing Needs and Fair Housing Report 3-23 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-10 Predominant Population, 2017-2021
SOURCE: California Department of Housing and Community Development AFFH Data Viewer Chapter 3 – Housing Needs and Fair Housing Report 3-24 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Local Trends
When analyzing race and ethnicity in a city, it’s important to understand how demographics have changed over time. Figure 3-11 illustrates changes in population by race between 2010 and 2019 in Newman. During this time frame, Newman’s population composition experienced fluctuations in nearly all populations. In 2015, all populations experienced increases in size with the exception of the non-Hispanic White group (5.9 percent decrease), and American Indian or Alaska Native and Native Hawaiian and Other Pacific Islander groups which have remained zero. In 2019, Asian, Some Other Race/Two or More Races, and non-Hispanic White groups experienced declines of 0.1 percent, 1 percent and 1.3 percent, respectively. In contrast, the Black or African American and Hispanic or Latino groups experienced slight increases of 0.1 percent and 2.4 percent, respectively.
Overall, Newman has remained a minority majority population since 2010, of which the nonHispanic White population has continued to decline.
Figure 3-11 Population by Race, Newman, 2010-2019
SOURCE: U.S. Census Bureau, ACS 5-Year Estimates, 2010, 2015, 2019 Table 3-12 reports dissimilarity index trends in Newman for 2000, 2010, and 2020. Dissimilarity indices in Newman are higher than the Stanislaus County average for Asian/Pacific Islander and Black/African American residents, but lower for Hispanic/Latino population and non-White residents as whole. In contrast to Stanislaus County, all communities in Newman have become less segregated since 2000. It is important to note, that due to small population size, the dissimilarity index value may not be a reliable data point.
American
Indian or
Alaska
Native
Asian
Black or
African
American,
NonHispanic
White, NonHispanic
Some other
race/Two or
more races
Hispanic or
Latino
Native
Hawaiian
and Other
Pacific
Islander
2010 0.5% 1.4% 1.5% 33.7% 1.6% 61.3% 0.0%
2015 0.0% 1.5% 1.8% 27.8% 1.7% 67.1% 0.0%
2019 0.0% 1.4% 1.9% 26.5% 0.7% 69.5% 0.0%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Chapter 3 – Housing Needs and Fair Housing Report 3-25 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Table 3-12 Dissimilarity Indices, Newman, 2000-2020
Race/Ethnicity
Newman
Stanislaus
County
Average
2000 2010 2020 2020
Asian/Pacific Islander vs White 52.65* 55.26* 48.28 46.31 Black/African American vs
White 60.60* 63.06* 57.98* 49.11
Hispanic/Latino vs White 38.20 39.69 28.99 34.47
American Indian/Alaska Native
vs White 23.79* 24.54* - -
Non-White vs White 15.89 16.37 14.88 34.47
SOURCE: Census Bureau ACS 5-Year Estimate, 2010, 2020; Decennial Census, 2000 NOTE: *Indicates that the index is based on a racial group making up less than 5 percent of the jurisdiction population, leading to unreliable numbers Further, as shown in Figure 3-9 above, the northwest quadrant just beyond the city boundary has a lower percentage of non-White population. This region includes an area known as the Northwest Newman Master Plan (NWNMP), which the City is currently in the process of annexing into the city. This region is primarily comprised of vacant land with some residential uses such as singlefamily residences and outbuildings. The City’s intention for annexing this area is to provide a mix of residential and commercial land uses. The NWNMP Area is intended to develop a variety of community amenities in order to create a balanced additional community to the City of Newman.
The Sites Inventory includes approximately 1,037 residential units to accommodate a range of income levels (see Chapter 5).
Diversity Index
The Diversity Index measures the degree to which the five major ethnic populations (non-Hispanic White, non-Hispanic Black, Asian and Pacific Islander, Hispanic, and Two or more races) are evenly distributed across a geographic area. The index ranges from 0 to 1 – where 0 is low diversity, meaning only one group is present, and 1 is high diversity, meaning an equal proportion of all five groups is present.
Figure 3-12 illustrates the level of diversity across Stanislaus County. According to the HCD AFFH Data Viewer Diversity Index map, Newman’s diversity level is between 75.0 to 85.0, reflecting a moderate to high diversity level across the City. Compared to the nearby cities of Patterson and Turlock, Newman has no geographic variation in diversity, meaning households in Newman are not highly concentrated according to race/ethnicity. The City of Turlock shows some geographic concentrations of lower levels of diversity (<55.0) and Patterson shows concentrations of higher diversity than Newman.
Chapter 3 – Housing Needs and Fair Housing Report 3-26 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-12 Diversity Index, 2018
SOURCE: California Department of Housing and Community Development AFFH Data Viewer Chapter 3 – Housing Needs and Fair Housing Report 3-27 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Persons with Disabilities
For persons with disabilities, fair housing choice and access to opportunity includes access to housing in the most integrated setting appropriate to an individual’s special needs and disabilityrelated services as required under federal civil rights law. For example, persons with disabilities who are unable to use stairs or need a zero-step shower may not have actual housing choice without the presence of housing units with these accessibility features.12 High spatial segregation of persons with disabilities may indicate fair housing issues related to not only physical needs, but also economic disparities. According to the 2020 Annual Report on People with Disabilities in America, more than 25 percent of persons with disabilities (including physical, intellectual, and developmental; sensory; and other disability categories) live below the Census Bureau-designated poverty line, which is 14.5 percentage points higher than people without a disability.13 Persons with disabilities may be more reliant than persons without disabilities on fixed incomes or access to public transit.
Regional Trends
According to 2019 ACS 5-year estimates, approximately 71,011 Stanislaus County residents had one or more disabilities. Table 3-13 shows employment status by disability status estimates for Stanislaus County. Approximately 5.3 percent of the total employed population in the county has one or more disabilities, reflecting a slight decrease from 2015, while the percent of total unemployed decreased from 11 percent to 5.4 percent during this time. Additional discussion regarding persons with disabilities in Stanislaus County is included in Section 3.4 of this chapter.
Table 3-13 Employment Status by Disability Status, Stanislaus County, 2019 Disability Status
Employed 2015
(Percent of Total
Employed)
Unemployed 2015
(Percent of Total
Unemployed)
Employed 2019
(Percent of Total
Employed
Unemployed 2019
(Percent of Total
Unemployed
No Disability 194,210 (94.1%) 23,236 (89%) 214,730 (94.6%) 16,144 (94.7%) With a Disability 12,060 (5.8%) 2,863 (11%) 12,148 (5.4%) 908 (5.3%) Total 206,270 (100%) 26,099 (100%) 226,878 (100%) 17,052 (100%) SOURCE: U.S. Census Bureau, ACS 5-Year Estimates, 2015-2019, Table C18120 Figure 3-13 illustrates the spatial distribution of residents living with one or more disabilities across the county.
12 HCD 2021. https://www.hcd.ca.gov/community-development/affh/docs/affh_document_final_4-27-2021.pdf 13 The Rehabilitation Research and Training Center on Disability Statistics and Demographics 2020. https://disabilitycompendium.org/annualreport
Chapter 3 – Housing Needs and Fair Housing Report 3-28 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-13 Percentage of Population with One or More Disabilities, Stanislaus County, 2019 SOURCE: California Department of Housing and Community Development AFFH Data Viewer Chapter 3 – Housing Needs and Fair Housing Report 3-29 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Communities located along Highway 99 and to the east were estimated to have a larger share of residents with disabilities compared to communities located in the west and southern regions of the county. The largest portion of residents living with one or more disabilities is contained in an area located east of La Grange, surrounding Highway 49.
Local Trends
According to 2019 ACS 5-year estimates, 1,228 Newman residents (approximately 10.9 percent) live with one or more disabilities. This is a 2.5 percent decrease from 2015, when 13.4 percent of the population had a disability. As shown in Figure 3-13, the entirety of the city, including the NWNMP area outside of city limits, had between 10 to 20 percent of residents reported living with one or more disabilities. Additional discussion regarding persons with disabilities in Newman is included in Section 3.4 Disproportionate Housing Needs, of this chapter.
Familial Status
According to the Fair Housing Act, familial status refers to the presence of children under the age of 18 in a household with a legal guardian or designee of such guardian.14 HUD provides examples of familial discrimination as (a) refusing to rent to families with children; (b) evicting families once a child joins the family through, e.g., birth, adoption, custody; (c) requiring families with children to live on specific floors or in specific buildings or areas; (d) imposing overly restrictive rules about children’s use of the common areas (e.g., pools, hallways, open spaces); (e) and in advertising that prohibits children.15 Single-parent households are protected by Government Code Section 65583(a)(7). Because of their relatively lower incomes and higher living expenses, single-parent households can have limited options for affordable, decent, and safe housing. As a result, single parents are among the groups most at risk of experiencing poverty.
In addition to barriers to fair housing for single-parent households, large families (defined as families with 5 or more persons) can also experience housing discrimination as property owners impose occupancy limitations that can preclude large families with children. HUD data shows that familial status discrimination ranks third in discrimination of protected classes, behind discrimination due to disability and race.16
Regional Trends
According to 2019 ACS 5-year estimates, Stanislaus County had a total household count of approximately 173,898. In 2019, households with children present comprised 36 percent (62,348) of the total households in Stanislaus County. Tenure by household type and presence of children is shown in Table 3-14. Married couple families with children comprise the largest share of owner- and renter-occupied households with children.
14 U.S. Code sections 3601, et seq., the Fair Housing Act. 15 U.S. Department of Housing and Urban Development.
https://www.hud.gov/program_offices/fair_housing_equal_opp/discrimination_against_families_children#_Who_Is_ Protected?
16 U.S. Department of Housing and Urban Development. “Annual Report on Fair Housing FY 2017.” Chapter 3 – Housing Needs and Fair Housing Report 3-30 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Table 3-14 Tenure by Household Type and Presence of Children, Stanislaus County, 2019 Household Type OwnerOccupied
Percent of
Total
OwnerOccupied
RenterOccupied
Percent of Total
RenterOccupied
Married couple family, with children
present 24,918 24.7% 17,170 23.4%
Single-parent, male householder, no
spouse present 2,589 2.5% 3,980 5.4%
Single-parent, female Householder,
no spouse present 3,619 3.5% 10,072 13.7%
Total households with children
present 31,126 31.0% 31,222 42.6%
Total households 100,576 100% 73,322 100%
SOURCE: U.S. Census Bureau, ACS 5-Year Estimates, 2019, Table B25115 Single-parent, female-headed households comprised approximately 13.7 percent of renter-occupied households, but only 3.5 percent of owner-occupied households. For renter-occupied households, total single-parent, female-headed households were more than double the single-parent male-headed households.
According to 2010 ACS 5-year estimates, approximately 8 percent of all households in 2010 were single-parent, female-headed households. This indicates a slight decrease in single-parents, femaleheaded households from 2010 to 2019. Similar to 2019, most of the female-headed households with children occupied rental housing within the County.
As shown in Figure 3-14, jurisdictions located in the central urbanized regions of the county, primarily along Highway 99, such as the cities of Modesto, Ceres, and Turlock had relatively higher proportions of children who reside in female-headed, single-parent households. In contrast, the more rural areas in the west and eastern regions of the county, including the cities of Patterson and Newman, had less single-parent households.
Chapter 3 – Housing Needs and Fair Housing Report 3-31 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-14 Percent of Children in Female-Headed Household, No Spouse/Partner, Stanislaus County, 2019 SOURCE: California Department of Housing and Community Development AFFH Data Viewer Chapter 3 – Housing Needs and Fair Housing Report 3-32 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-15 Adults in Households Living Alone, Stanislaus County, 2019 SOURCE: California Department of Housing and Community Development AFFH Data Viewer Chapter 3 – Housing Needs and Fair Housing Report 3-33 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 As shown in Figure 3-14, the percentage of single female-headed households with children varies throughout the urban areas of Stanislaus County ranging from less than 20 percent up to 60 percent.
Figure 3-15 illustrates the percentage of adults living alone in the county. In Stanislaus County, there is a concentration of adults living alone in the central urbanized region, specifically in the City of Modesto. This urban area has concentrations of adults who live alone ranging from 20 to 40 percent compared to the rest of the county, which were less than 20 percent of adults live along, including the cities of Salida, Ceres, Turlock, and Riverbank.
Local Trends
According to 2019 ACS 5-year estimates, approximately 53 percent of all households had children in Newman, which is a slight increase from 2010 when approximately 47.8 percent of all households had children. Similar to the County, Newman saw a decrease in the number of single-parent femaleheaded households from 2010 to 2020, which was 13 percent and 3.7 percent, respectively. In the city, male-headed households comprised approximately 42 percent of all single-parent households, whereas female-headed households comprised approximately 58 percent.
As shown in Figure 3-14, there is no geographic variation of female-headed households with children across the city. The city as a whole, including the NWNMP area outside of the city boundary, has less than 20 percent of children residing in single-parent, female-headed households.
Similarly, and as shown in Figure 3-15, there is no geographic variation of adults living alone in Newman. Less than 20 percent of adults living in the city live alone. This appears to be common in the region, indicating most households consist of more than one person. Additional discussion related to single-parent households is provided in Section 3.4 of this chapter.
Household Income
Affordability is a key component in determining the housing needs of a community. Household income determines the ability of a household to purchase or rent a housing unit. However, fluctuating household incomes may result in the need to spend disproportionate amounts of income on housing costs, referred to as overpayment or cost burden. As a result, this may also lead to overcrowding and/or substandard living conditions.
Income levels are defined by guidelines adopted annually by HCD to determine housing affordability, housing need, and eligibility for housing assistance. According to HCD’s 2022 State Income Limits, the area median income (AMI) for a family of four in Stanislaus County in 2022 was $80,300.
Chapter 3 – Housing Needs and Fair Housing Report 3-34 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 The following are income categories based on area median income (AMI) according to HCD:
Extremely low-income17: households earning 0-30 percent of AMI ($0-$27,750); Very low-income: households earning 30-50 percent of AMI ($27,751-$39,850); Low-income: households earning 50-80 percent of AMI ($39,851-$63,750); Moderate-income: households earning 80-100 percent of AMI ($63,751-$96,350); and Above-moderate income: households earning 100-120 percent of AMI ($96,351 or more).
Regional Trends
In accordance with HCD 2022 State Income Limits data, Table 3-15 shows the maximum annual household income level for each income group by household size for Stanislaus County.
Table 3-15 Maximum Household Income by Household Size, Stanislaus County, 2022 Income Category
Household Size
1 2 3 4 5 6 7 8
Extremely Low-Income $16,750 $19,150 $23,030 $27,750 $32,470 $37,190 $41,910 $46,630 Very Low-Income $27,900 $31,900 $35,900 $39,850 $43,050 $46,250 $49,450 $52,650 Low-Income $44,650 $51,000 $57,400 $63,750 $68,850 $73,950 $79,050 $84,150 Median Income $56,200 $64,250 $72,250 $80,300 $86,700 $93,150 $99,550 $106,000 Moderate-Income $67,450 $77,100 $86,700 $96,350 $104,050 $111,750 $119,450 $127,200 SOURCE: California Department of Housing and Community Development, State Income Limits 2022 NOTE: Reported figures are for Stanislaus County
Household median income is lower in communities located in the southeast region of Stanislaus County. According to 2019 ACS 5-year estimates, Stanislaus County had a median household income of $60,704. Figure 3-18 illustrates 2019 data for median household income by block group for Stanislaus County. Areas highlighted in blue reflect regions of Stanislaus County where the median income is below the state median income of $87,100. Figure 3-19 illustrates 2021 data for median household income by census tract for Stanislaus County. Since 2019, median household income in the county has increased slightly. However, geographic variation in median household income has generally remained the same.
17 Government Code Section 65583(a) defines extremely low-income households as earning 30 percent or below area median income, and considers them as a subset of the very low-income category. The extremely low-, very low-, and low-income groups are referred to as lower-income.
Chapter 3 – Housing Needs and Fair Housing Report 3-35 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Block groups exhibiting the lowest median incomes are highly concentrated within the central urbanized region along Highway 99 and rural areas west of Highway 99. Figure 3-20 highlights census tracts along Highway 99 within the cities of Salida, Modesto, Ceres, Shackleford, Keys, and Turlock that contain the highest low to moderate (LMI) populations in Stanislaus County. Tracts within the nearby cities of Patterson, Newman, Waterford, Empire, and Hughston also contain high concentrations of LMI populations. Spatially, LMI populations overlap with tracts that are predominantly Hispanic/Latino.
Local Trends
According to 2019 ACS 5-year estimates, Newman has an estimated median household in of $62,877. This is a 32 percent increase in median household income from 2010 ($47,416). Figure 3-16 and Figure 3-17 present the median household income in the City of Newman and the region in 2019 and 2021, respectively. As shown in Figure 3-16, Newman’s median household income in 2019 ranged from less than $55,000 to less than $87,100. By 2021, Newman’s median household income increased to ranging from $55,000 to $120,000 (Figure 3-17).
Median household income in Newman is largely determined by census tract. Census Tract 35.01 makes up the northern and eastern portions of the city, while Census Tract 35.02 makes up the southwestern portion of the city. In both 2019 and 2021, households living within Census Tract
35.01 remained the highest earning households. This includes the NWNMP area located in the northwest quadrant just outside of the city boundary. There were no RCAAs or R/ECAPS identified in Newman during this timeframe.
Figure 3-18 presents Low and Moderate-Income (LMI) populations in Newman and the region. the As shown in Figure 3-18, there is no geographic variation in LMI populations in Newman.
Throughout the city, low- and moderate-income populations makeup 25 to 50 percent of all households.
Chapter 3 – Housing Needs and Fair Housing Report 3-36 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-16 Median Household Income, 2015-2019
SOURCE: California Department of Housing and Community Development AFFH Data Viewer Chapter 3 – Housing Needs and Fair Housing Report 3-37 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-17 Median Household Income, 2017-2021
SOURCE: California Department of Housing and Community Development AFFH Data Viewer Chapter 3 – Housing Needs and Fair Housing Report 3-38 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-18 Low and Moderate Income Population, Stanislaus County SOURCE: California Department of Housing and Community Development AFFH Data Viewer Chapter 3 – Housing Needs and Fair Housing Report 3-39 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-19 illustrates households by income level in Newman, the County, and neighboring cities.
In Newman, 40 percent of households are lower-income households while 49 percent are above moderate-income households. Compared to the County and neighboring cities, Newman’s households earning between 51 percent to more than 100 percent AMI are relatively the same.
Conversely, Newman’s percentage of very low- and extremely low-income households differ greatly from the region. In Newman, the percentage of very low-income households is 3 percentage points higher than in the County and Turlock, and 7 points higher than Patterson. Moreover, Newman’s percentage of extremely low-income households is only 5 percent compared to the County (12 percent), Turlock (14 percent) and Patterson (9 percent).
Figure 3-19 Households by Income Level by Jurisdiction, 2015-2019 SOURCE: U.S. Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability Strategy (CHAS) ACS tabulation, 2015-2019 release.
Figure 3-20 illustrates the median household income in Newman, the County, and neighboring cities in 2019. Newman’s median household income was $62,877 – approximately $2,173 more than the County. The City of Patterson had the highest median household income at $69,233 followed by Newman. Understanding Newman’s median household income clarifies what income category households identify with and what is deemed affordable. 12% 5% 9% 14%
13%
16% 9%
13%
18% 19% 19%
16%
10% 11% 13%
10%
48% 49% 49% 47%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Stanislaus
County
Newman Patterson Turlock
Greater than 100% of AMI
81%-100% of AMI
51%-80% of AMI
31%-50% of AMI
0%-30% of AMI
Chapter 3 – Housing Needs and Fair Housing Report 3-40 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-20 Median Household Income by Jurisdiction, 2019 SOURCE: U.S. Census Bureau, ACS 5-Year Estimates, 2019
Table 3-16 summarizes households by affordability in Newman. Above moderate-income households makeup 49 percent of households in the City followed by lower-income households (40 percent). Approximately 5 percent of the households in Newman identify as extremely lowincome. Considering 40 percent of households are lower-income, it is likely that the high percentages of married-couple family, female headed, and single person households (Figure 3-3, Figure 3-5) are accompanied by a need for more affordable options.
Table 3-16 Households by Affordability, Newman, 2015-2019 Income Category (% of County MFI) Households Percent
Extremely Low-Income (30% MFI or less) 175 5%
Very Low-Income (30-50% MFI) 545 16%
Low-Income (50-80% MFI) 630 19%
Moderate-Income (80-100% MFI) 350 11%
Above Moderate-Income (>100% MFI) 1,605 49%
Total 3,305 100%
SOURCE: Department of Housing and Urban Development (HUD) Comprehensive Housing Affordability Strategy (CHAS), 2015-2019 Figure 3-21 provides a breakdown of 2019 incomes by category in Newman. Twenty (20) percent of Newman residents earn an annual income between $50,000-$74,999. Conversely, an approximate 39 percent are earning less than $50,000, less than the City’s median household income. Of the 39 percent earning below the median household income, 12 percent are earning below $25,000. $60,704
$62,877
$69,233
$59,681
$54,000
$56,000
$58,000
$60,000
$62,000
$64,000
$66,000
$68,000
$70,000
Stanislaus
County
Newman Patterson Turlock
Chapter 3 – Housing Needs and Fair Housing Report 3-41 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-21 Income by Category, Newman, 2019
SOURCE: U.S. Census Bureau, ACS 5-Year Estimates, 2019
Figure 3-22 illustrates housing by tenure in Newman, the County, and neighboring cities. Thirty-one (31) percent of the households in Newman are renters and 69 percent are owners. This reflects 11 percentage points lower renter population than the County (42 percent), 15 points lower than Turlock (46 percent), and 8 points lower than Patterson.
Figure 3-22 Housing Tenure by Jurisdiction, 2019
SOURCE: U.S. Census Bureau, ACS 5-Year Estimate, 2019
Overall, forty (40) percent of households in Newman are lower-income, 22 percent are large families, 17 percent are female-headed households, and 15 percent are single-person households.
These household characteristics in Newman demand a need for a variety of affordable housing options and programs to protect and assist special groups in securing adequate housing. As the housing crisis progresses, regions outside of the Bay Area, specifically in the Central Valley, have 12%
11%
16%
20%
14%
19%
4% 5%
Less than $25,000
$25,000 - $34,999
$35,000 - $49,999
$50,000 - $74,999
$75,000 - $99,999
$100,000 - $149,999
$150,000 - $199,000
$200,000 or more
58%
69% 61% 54%
42%
31% 39% 46%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Stanislaus
County
Newman Patterson Turlock
Renter Occupied
Owner Occupied
Chapter 3 – Housing Needs and Fair Housing Report 3-42 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 become home destinations for many Bay Area workers due to affordability. Action programs are necessary to protect and ensure locals are able to obtain affordable housing as it becomes available.
To address barriers to economic mobility for lower-income households, this 6th Cycle Housing Element includes Program 5.6 (see Chapter 2).
Racially or Ethnically Concentrated Areas of Poverty and Affluence Racially Concentrated Area of Poverty or an Ethnically Concentrated Area of Poverty (R/ECAP) and Racially Concentrated Areas of Affluence (RCAAs) represent opposing ends of the segregation spectrum from racially or ethnically segregated areas with high poverty rates to affluent predominantly White neighborhoods. Historically, HUD has paid particular attention to R/ECAPs as a focus of policy and obligations to AFFH.
R/ECAPs
HCD and HUD’s definition of a Racially/Ethnically Concentrated Area of Poverty is:
A census tract that has a non-White population of 50 percent or more (majority-minority) or, for non-urban areas, 20 percent, AND a poverty rate of 40 percent or more; OR A census tract that has a non-white population of 50 percent or more (majority-minority) AND the poverty rate is three times the average tract poverty rate for the County, whichever is lower.
SOURCE: California Department of Housing and Community Development Guidance, 2021.
It is important to note that R/ECAPs and RCAAs are not areas of focus because of racial and ethnic concentrations alone. This study recognizes that racial and ethnic clusters can be a part of fair housing choice if they occur in a non-discriminatory market. Rather, R/ECAPs are meant to identify areas where residents may have historically faced discrimination and continue to be challenged by limited economic opportunity. Conversely, RCAAs are meant to identify areas of particular advantage and exclusion.
RCAAs
HCD and HUD’s definition of an RCAA is a census tract 1) with a percentage of its total White population that is 1.25 times higher than the average percentage of the COG region’s White population; and 2) has a median income that is 2 times higher than the County Area Median Income (AMI). Generally, these are understood to be neighborhoods in which there are both high concentrations of non-Hispanic White households and high household income rates.
SOURCE: California Department of Housing and Community Development Guidance, 2023 Chapter 3 – Housing Needs and Fair Housing Report 3-43 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Recent research out of the University of Minnesota Humphrey School of Public Affairs argues for the inclusion of RCAAs to acknowledge current and past policies that created and perpetuate these areas of high opportunity and exclusion.18 As reported in the California Housing and Community Development (HCD) memo,19 the analysis of RCAAs relies on the definition developed by the University of Minnesota Humphrey School of Public Affairs, “RCAAs are defined as census tracts where 1) 80 percent of more of the population is White, and 2) the median household income is $125,000 or greater.
Regional Trends
Figure 3-23 and Figure 3-24 illustrate R/ECAPs and RCAAs, respectively, across Stanislaus County.
Figure 3-23 shows that R/ECAPs, or areas with concentrations of high segregation and poverty, are most prevalent in central Stanislaus County, specifically along Highway 99 in the cities of Modesto, Turlock, and Merced. Similarly, RCAAs are most prevalent in central Stanislaus County as well, specifically in the cities of Ripon, Turlock, Atwater, Merced, and Oakdale (Figure 3-24).
Local Trends
According to Figure 3-9, Newman predominantly falls within the 61 to 80 percent non-White category, reflecting a moderate to high level of diversity within the City. In Newman, there is some geographic variation in the northwestern region of the City reflecting a lower percent of non-White population (41 to 60 percent). In northern areas outside of Newman, the percentage of non-White population is significantly less ranging from 21 to 60 percent. Unlike many nearby cities in the region, there are no census tracts that contain R/ECAPs or RCAAs in Newman. 18 Goetz, E. G., Damiano, A., & Williams, R. A. (2019). Racially Concentrated Areas of Affluence: A Preliminary Investigation. Cityscape: A Journal of Policy Development and Research, 21(1), 99–124 19 https://www.hcd.ca.gov/community-development/affh/docs/affh_document_final_4-27-2021.pdf Chapter 3 – Housing Needs and Fair Housing Report 3-44 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-23 High Segregation and Poverty (R/ECAP), 2023 SOURCE: California Department of Housing and Community Development AFFH Data Viewer Chapter 3 – Housing Needs and Fair Housing Report 3-45 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-24 RCAA by Census Tract, 2015-2019
SOURCE: California Department of Housing and Community Development AFFH Data Viewer Chapter 3 – Housing Needs and Fair Housing Report 3-46 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024
3.4 Disproportionate Housing Needs
Housing Problems and Severe Housing Problems
The following section details housing problems and severe housing problems in Newman according to the Census Bureau Comprehensive Housing Affordability Strategy (CHAS).
Disproportionate Housing Needs
“Disproportionate housing needs generally refers to a condition in which there are significant disparities in the proportion of members of a protected class experiencing a category of housing need when compared to the proportion of members of any other relevant groups, or the total population experiencing that category of housing need in the applicable geographic area. For purposes of this definition, categories of housing need are based on such factors as cost burden and severe cost burden, overcrowding, homelessness, and substandard housing conditions.”
SOURCE: California Department of Housing and Community Development Guidance, 2021, page 39.
The CHAS data set provides in-depth analysis on housing needs by income level according to types of households. According the CHAS, housing problems are defined as having one or more of the following variables:
Incomplete kitchen facilities;
Incomplete plumbing facilities;
More than one person per room; and
Cost burden greater than 30 percent.
Severe housing problems are defined as having one or more of the following variables:
Incomplete kitchen facilities;
Incomplete plumbing facilities;
More than 1.5 persons per room; and
Cost burden greater than 50 percent.
Additionally, CHAS defines cost burden as the ratio of housing costs to household income. The following defines cost burden by renter and owner:
Renter Cost Burden: gross rent (contract rent plus utilities); and Owner Cost Burden: select monthly owner costs including mortgage payment, utilities, association fees, insurance, and real estate taxes.
Chapter 3 – Housing Needs and Fair Housing Report 3-47 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-25 and Figure 3-26 illustrate housing problems by tenure and severe housing problems by tenure in Newman. Approximately 52 percent of renter households have at least one of four housing problems and 31 percent have at least one of four severe housing problems. In contrast, 24 percent of owner households experience at least one housing problem and 7 percent experience at least one severe housing problem.
Figure 3-25 Housing Problems by Tenure, Newman, 2015-2019 SOURCE: U.S. Census Bureau, CHAS Data, 2015-2019
NOTE: The four housing problems are: incomplete kitchen facilities, incomplete plumbing facilities, more than 1 person per room, and cost burden greater than 30%.
Renter households are more at risk of experiencing housing problems such as incomplete kitchen and/or plumbing facilities, overcrowding and cost burden due to a number of reasons including, limited income, inadequate housing supply, lack of affordable housing options, landlord abuse, lack of fair housing resources, etc.
Figure 3-26 Severe Housing Problems by Tenure, Newman, 2015-2019 SOURCE: U.S. Census Bureau, CHAS Data, 2015-2019
NOTE: The four housing problems are: incomplete kitchen facilities, incomplete plumbing facilities, more than 1.5 person per room, and cost burden greater than 50%.
24%
52%
76%
48%
0% 20% 40% 60% 80% 100%
Owner %
Renter % Household has at least 1 of 4
Housing Problems
Household has none of 4
Housing Problems OR cost
burden not available, no other
problems
7%
31%
93%
69%
0% 20% 40% 60% 80% 100%
Owner %
Renter % Household has at least 1 of 4
Severe Housing Problems
Household has none of 4
Severe Housing Problems OR
cost burden not available, no
other problems
Chapter 3 – Housing Needs and Fair Housing Report 3-48 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Overcrowding
Understanding the prevalence of overcrowded households within a community helps determine the need for affordable and adequately sized housing units for the community. Overcrowding is defined as a household with more than one occupant per room excluding bathrooms and kitchens. Units with more than 1.5 persons per room are considered severely overcrowded. Overcrowding may occur due to a lack of available affordable and/or adequately sized housing units. Cultural norms and customs combined with low-income or lack of adequately size housing units can result in overcrowding too. For example, in Asian culture, households are often comprised of multigenerations. If this custom is also compounded by low-income or lack of adequately sized housing units overcrowding may occur.
Regional Trends
Figure 3-27 and Figure 3-28 illustrate concentrations of overcrowding across Stanislaus County between 2015-2019 and 2017-2021, respectively. The following serves to analyze and identify changes over time in overcrowding.
According to the HCD AFFH Data Viewer, overcrowding has decreased since 2019. Figure 3-27 illustrates that in 2019, much of the region had low to moderate rates of household overcrowding, ranging between 8 to 12 percent. During this time, high concentrations (15 to 20 percent) of household overcrowding was found in the cities of Riverbank, Modesto, Turlock, Winton, Merced and Planada.
By 2021, rates of household overcrowding decreased across the region, primarily ranging from 5-10 percent (Figure 3-28). While high concentrations of household overcrowding still exists across the region, it is much less widespread. High concentrations (15 to 20+ percent) of household overcrowding are still present in the cities of Modesto and Merced; and have developed in Waterford and Delhi (Figure 3-28).
Local Trends
Similar to the region, rates of household overcrowding has decreased since 2019 in Newman. In 2019, less than 8.2 percent of Newman households experienced overcrowding (Figure 3-27) and by 2021, less than 5 percent experienced overcrowding (Figure 3-28). Furthermore, there is no geographic variation in overcrowding; meaning households across the city experience similar levels of overcrowding. Newman is one of very few cities in the region with household overcrowding that is less than 5 percent.
Chapter 3 – Housing Needs and Fair Housing Report 3-49 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-27 Overcrowded Households, 2015-2019
SOURCE: California Department of Housing and Community Development AFFH Data Viewer Chapter 3 – Housing Needs and Fair Housing Report 3-50 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update Public Draft May 2024 Figure 3-28 Overcrowded Households, 2017-2021
SOURCE: California Department of Housing and Community Development AFFH Data Viewer Chapter 3 – Housing Needs and Fair Housing Report 3-51 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-29 illustrates overcrowding by severity in Newman, the County, and neighboring cities in 2019. Overall, Newman households experience similar levels of overcrowding (5 percent) as the County and neighboring cities. However, Newman experiences slightly less (1 percent) severe overcrowding than the County (2 percent), Patterson (2 percent), and Turlock (2 percent). In total, 6 percent of Newman households experience some level of overcrowding.
Figure 3-29 Overcrowding by Severity by Jurisdiction, 2019 SOURCE: U.S. Census Bureau ACS 5-Year Estimate, 2019
Figure 3-30 illustrates overcrowding by tenure and severity in Newman. While total levels of overcrowding are low in Newman, overcrowding by tenure is significant. Renter-occupied households experience five times as much overcrowding as owner-occupied households. Fifteen (15) percent of renter-occupied households experience some form of overcrowding compared to 3 percent of owner-occupied households. This is indicative of a lack of affordable housing options that accommodate the needs of Newman renter households. Additionally, Newman’s high unemployment rate (14 percent; Table 3-7) and lack of jobs likely contributes to this issue.
Figure 3-30 Overcrowding by Tenure and Severity, Newman, 2019 SOURCE: U.S. Census Bureau, 2019
97%
85%
1%
15%
2% 0%
75%
80%
85%
90%
95%
100%
Owner Occupied Renter Occupied
More than 1.5 Occupants
per Room
1.01 to 1.5 Occupants per
Room
1.0 or Less Occupant per
Room
93% 93% 93%
94%
5% 5%
5%
4%
2% 1% 2% 2%
88%
90%
92%
94%
96%
98%
100%
Stanislaus
County
Newman Patterson Turlock
More than 1.5 Occupants per
Room
1.0 to 1.5 Occupants per Room
1.0 or Less Occupants per
Room
Chapter 3 – Housing Needs and Fair Housing Report 3-52 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update Public Draft May 2024 Cost Burden
According to HCD, overpayment or cost burden is measured as households spending more than 30 percent of their gross income including utilities for housing; severe overpayment or severe cost burden is measured as households spending 50 percent or more of their gross income for housing.
For the duration of this report, overpayment will be referred to as cost burden.
The cost burden rates of owners and renters in a community provide insight to housing needs such as, the affordability of the local housing market and the availability of housing units that accommodate household needs like size and housing type. Additionally, federal and state agencies examine cost burden to determine a community’s need for housing assistance.
Regional Trends
Figure 3-31 and Figure 3-32 illustrate concentrations of cost burdened home owners across Stanislaus County between 2019 and 2021, respectively. Figure 3-33 and Figure 3-34 illustrate concentration of cost burdened renter households across Stanislaus County between 2019 and 2021, respectively. The following serves to analyze and identify changes over time in cost burden among home owner and renter households.
According to the HCD AFFH Data Viewer, cost burden among home owners has decreased since 2019. Figure 3-31 illustrates that in 2019, much of the region had high rates of cost burdened home owners, ranging between 40 to 80 percent. During this time, high concentrations (40 to 80 percent) of cost burdened home owners were found in the cities of Oakdale, Riverbank, Modesto, Ceres, Patterson, Turlock, and Merced. Similarly, cost burden among renter households also decreased since 2019. By 2021, rates of cost burdened home owners decreased across the region, primarily ranging from 20 to 40 percent (Figure 3-32). While high concentrations of cost burdened home owners still exist across the region, it is much less widespread. High concentrations (40 to 80 percent) of cost burdened home owners are still present in the cities of Modesto, Ceres, Oakdale, Riverbank, Patterson, Turlock and Merced; and have developed in Gustine, Livingston, and Atwater.
Figure 3-33 illustrates that in 2019, most cities across the region had high concentrations (40 to 80 percent) of cost burdened renter households. These concentations were primarily in the same cities identified as having high concentrations of cost burdened home owners. Figure 3-34 shows that while cost burdened renter households decreased since 2019, geographic variation in the number of households experiencing cost burden increased. Cities across the region are more stratified, which could be the cause of several socioeconomic factors including limited access to economic opportunity, poor education, etc.
Chapter 3 – Housing Needs and Fair Housing Report 3-53 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-31 Cost Burden by Home Owners, 2015-2019
SOURCE: California Department of Housing and Community Development AFFH Data Viewer Chapter 3 – Housing Needs and Fair Housing Report 3-54 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-32 Cost Burden by Home Owners, 2017-2021
SOURCE: California Department of Housing and Community Development AFFH Data Viewer Chapter 3 – Housing Needs and Fair Housing Report 3-55 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-33 Cost Burden by Renter Households, 2015-2019 SOURCE: California Department of Housing and Community Development AFFH Data Viewer Chapter 3 – Housing Needs and Fair Housing Report 3-56 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-34 Cost Burden by Renter Households, 2017-2021 SOURCE: California Department of Housing and Community Development AFFH Data Viewer Chapter 3 – Housing Needs and Fair Housing Report 3-57 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Local Trends
Similar to the region, rates of cost burdened home owners has decreased since 2019 in Newman. In 2019, Newman did not have any geographic variation in cost burdened households (Figure 3-31).
Across Newman, 20 to 40 percent of home owners experienced cost burdened, which was lower than many nearby cities that had between 40 to 80 percent cost burdened home owners. By 2021, Newman developed some geographic variation, with fewer home owners experiencing cost burden in the northern and eastern regions of the city (Figure 3-32). While the central and southern regions of the city remained in the 20 to 40 percent range, the northern and eastern regions of the city decreased to less than 20 percent of home owners experiencing cost burden.
Similarly, renter households in Newman developed geographic variation in cost burden since 2019.
However, this came as a result of an increase in concentrations of cost burdened households. Figure 3-33 illustrates that in 2019, 20 to 40 percent of renter households across the city experiened cost burden. However, by 2021, the northern and eastern regions of the city had higher concentrations of cost burdened renter households (40 to 60 percent) compared to the central and southern regions where 20 to 40 percent of renter households experience cost burden (Figure 3-34). Overall, Newman has fewer cost burdened renter households than nearby cities which have concentrations of 60 to 80 percent cost burdened renter households.
In summary, Newman has lower concentrations of both cost burdened home owners and renter hosueholds than nearby cities across the region. While the share of cost burdened renter households has increased in Newman it still falls below the 60 to 80 percent threshold.
Figure 3-35 illustrates cost burden severity in Newman, the County, and neighboring cities.
Compared to the County and neighboring cities, Newman households have the lowest rates of cost burden. In Newman, 18 percent of households are cost burdened and 8 percent are severely cost burdened. The City of Patterson has the highest rate of total cost burdened households (41 percent) followed by Turlock (39 percent) and the County (35 percent).
Figure 3-35 Cost Burden Severity by Jurisdiction, 2015-2019 SOURCE: U.S. Census Bureau, CHAS Data, 2015-2019
63%
74%
59% 60%
19%
18%
25% 21%
16%
8% 16% 18%
1% 0% 1% 1%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Stanislaus
County
Newman Patterson Turlock
Not Computed
50%+ of Income Used for
Housing
30%-50% of Income Used for
Housing
0%-30% of Income Used for
Housing
Chapter 3 – Housing Needs and Fair Housing Report 3-58 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-36 illustrates cost burden by tenure in Newman. Renter households experience substantially higher rates of cost burden (21 percent) and severe cost burden (15 percent) than owner households.
Sixteen (16) percent of owner-occupied households are cost burdened and 5 percent are severely cost burdened.
Figure 3-36 Cost Burden by Tenure, Newman, 2015-2019
SOURCE: U.S. Census Bureau, CHAS Data, 2015-2019
3.5 Special Needs Groups
Special needs groups are those that may face particular challenges in obtaining adequate housing due to inherent circumstances such as age, disabilities, household size, income level, age, and occupation.
Large families, single parent households, female-headed households, or extremely low- and lowincome households, and homeless persons may be classified as Special Needs groups. Special Needs groups are identified due to the unique nature of household characteristics and potential housing challenges faced. Table 3-17 provides an overview of special needs groups in Newman. 79%
64%
16%
21%
5%
15%
1% 0%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Owner Occupied Renter Occupied
Not Computed
50%+ of Income Used for Housing
30%-50% of Income Used for
Housing
0%-30% of Income Used for
Housing
Chapter 3 – Housing Needs and Fair Housing Report 3-59 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Table 3-17 Overview of Special Needs Groups
Special Needs Groups Count Percent of Total
Households
Percent of Total
Population
Total population 11,317 -- 100%
Total occupied units (households) 3,305 100% --
Extremely Low-income (0-30% of HAMFI)
households 175 households 5% --
Total Senior Population 1,318 persons -- 12%
Senior Owner-Households 542 households 16% --
Senior Renter-Households 164 households 5% --
Persons with Disabilities 1,228 persons -- 11%
Persons with Developmental
Disabilities1 128 persons -- --
Large Households 701 households 21% --
Single-Parent Households 909 households 28% --
Single-Parent, Female Headed
Households with Children (under 18)
below poverty line
49 households 1% --
People Living in Poverty 817 persons -- 7%
Farmworkers2 12,713 persons -- --
Migrant Farmworkers 3,503 persons -- --
Seasonal Farmworkers 6,429 persons -- --
Permanent Farmworkers 6,284 persons -- --
Persons Experiencing Homelessness3 12 persons -- --
Persons with Limited English Proficiency 1,057 persons -- 10% SOURCE: U.S. Census Bureau, ACS 5-Year Estimate, 2019; U.S. Census Bureau CHAS 2015-2019 Data; USDA Statistics Services; California Department of Developmental Services, Consumer Count by California ZIP Code and Residence Type (2021).
NOTE: 1. Data provided by California Department of Developmental Services and taken at the ZIP code level.
2. Agriculture, forestry, fishing and hunting and mining industry. Farmworker data is taken of the population 16 years and older. Data provided by USDA Statistics Services and taken at the County level for 2017; includes permanent and seasonal farmworkers.
3. Total results from 2022 Stanislaus County Homeless Point-In-Time Count.
Extremely Low-Income Households and Poverty Status
Extremely low-income (ELI) households are those that earn less than 30 percent of the median family income (MFI). Very low-income households are those that earn 50 percent of less of the MFI. Extremely low-income households typically face a combination of housing challenges related to income status, family size/type, disability status, access to housing opportunities and other household characteristics. Additionally, ELI households are more likely to experience overcrowding, cost burden, and substandard housing conditions. Extremely low-income households are typically minimum-wage workers, disabled persons, farmworkers, and seniors on fixed incomes.
Chapter 3 – Housing Needs and Fair Housing Report 3-60 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Table 3-18 provides a breakdown of ELI households in Newman. The 2015 – 2019 Comprehensive Housing Affordability Strategy (CHAS) data indicates there are approximately 175 extremely lowincome households (5 percent of total households) in Newman. Of the extremely low-income households in Newman, 95 are renter-occupied households and 80 are owner-occupied households, or 3 percent and 2 percent of all households, respectively.
Table 3-18 Extremely Low-Income Households, Newman, 2015-2019 Households Number Percentage of ELI
Households
Percentage of Total
Households
Total occupied units (households) 3,305 - 100%
Total Lower-income (0-80% of HAMFI) households 1,350 - 41% Extremely Low-income (0-30% of HAMFI) households 175 - 5% Extremely Low-income renters 95 54% 3%
Extremely Low-income owners 80 46% 2%
Lower-income households paying more than 50% 255 - 8%
Extremely Low-income paying more than 50% 140 - 4%
ELI Renter HH severely cost burdened 95 100% 3%
ELI Owner HH severely cost burdened 45 56% 1%
Lower-income households paying more than 30% 740 - 22%
Extremely Low-income paying more than 30% 155 - 5%
ELI Renter HH moderately cost burdened 95 100% 3%
ELI Owner HH moderately cost burdened 60 75% 2%
Lower-income households experiencing 1 of 4 Housing
Problems
865 - 26%
Extremely Low-income household experiencing 1 of 4
Housing Problems
160 - 5%
ELI Renter HH experiencing 1 of 4 Housing Problems 95 100% 3% ELI Owner HH experiencing 1 of 4 Housing Problems 65 81% 2% SOURCE: U.S. Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability Strategy (CHAS) 2015-2019.
NOTE: MFI = HUD Median Family Income, this is the median family income calculated by HUD for each jurisdiction, to determine Fair Market Rents (FMRs) and income limits for HUD programs. MFI will not necessary be the same as other calculations of median incomes (such as Census number), due to a series of adjustments that are made.
***Cost burden is the ratio of housing costs to household income. For renters, housing cost is gross rent (contract rent plus utilities). For owners, housing cost is "select monthly owner costs", which includes mortgage payment, utilities, association fees, insurance, and real estate taxes.
The four housing problems are: incomplete kitchen facilities, incomplete plumbing facilities, more than 1 person per room, and cost burden greater than 30%.
Chapter 3 – Housing Needs and Fair Housing Report 3-61 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 When analyzing cost burden and ELI households, approximately 140 ELI households experience severe cost burden (paying more than 50 percent of median gross income on housing) and 155 experience moderate cost burden (paying more than 30 percent of median gross income on housing). The majority of the ELI households experiencing cost burden are renter-occupied households.
When comparing ELI renters and owners to the total ELI population, 100 percent of ELI renter households experience severe or moderate levels of cost burden, while 56 percent of ELI homeowners experience severe cost burden and 75 percent of ELI homeowners experience a moderate level of cost burden.
Similarly, 100 percent of ELI renter households experience at least 1 out 4 housing problems, while 81 percents of the City’s ELI homeowners experience at least 1 out of 4 housing problems. The four common housing problems that many low-income households face include: incomplete kitchen facilities, incomplete plumbing facilities, more than 1 person per room, and cost burden greater than 30 percent.
The projected RHNA for ELI households is based on the assumption that 50 percent of very lowincome households qualify as extremely low-income households. The very low-income housing need is 197 housing units, of which the City estimates 99 housing units will accommodate the ELI housing need.
To address the disproportionate housing needs and affordability challenges that the City’s ELI residents face, the City of Newman has incorporated the following programs into the Housing Element (see Chapter 2 for further details):
Program 5.2: First Time Homebuyer Assistance;
Program 5.4: Affordable Housing Forum and Community Outreach; Program 5.5: Leverage Resources from Stanislaus County; Program 5.6: Place-Based Strategies to Support Economic Mobility; Program 5.7: Place-Based Strategies to Support Infrastructure Improvements; and Program 5.9: ADU Outreach and Incentives.
Figure 3-37 illustrates the percent of the population in Newman living below the poverty line in 2019 by race and ethnicity. The Hispanic or Latino population represents 70 percent of the total population of which 7 percent is living below the poverty line. Conversely, the non-Hispanic White population has 2 percent more households living below the poverty line than the Hispanic or Latino population despite having a smaller total population (27 percent). The Asian population experiences the highest rate of poverty with 34 percent living below the poverty line, with a total population of
1.4 percent.
Chapter 3 – Housing Needs and Fair Housing Report 3-62 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-37 Percent Living Below the Poverty Line by Race and Ethnicity, Newman, 2019 SOURCE: U.S. Census Bureau, ACS 5-Year Estimate, 2019
NOTE: Race/Ethnicity represents percentage of the total population.
Resources
As discussed in Section 3.7 Housing Stock Characteristics, there are five multi-family housing developments that comprise a total of 209 deed-restricted units in Newman. The housing developments are dispersed between the western and eastern regions of the city, and located near public services and transit stations.
To address the needs of ELI households, the City will adopt housing policies to facilitate the construction of affordable and supportive housing for extremely low-income households. Policies that will directly impact extremely low-income households include:
Policy 1.5: Housing affordable to very low-, low- and moderate-income families shall be dispersed throughout the community and incorporated into new development to promote social and economic integration. Where possible, the City shall promote homeownership in new housing constructed for low- and moderate-income households.
Policy 1.10: The City shall work with the Stanislaus County Housing Authority, local nonprofit housing agencies, and the California Housing Partnership, in accordance with the Low-Income Housing Preservation and Resident Homeownership Act of 1990, to preserve lower income housing units threatened with conversion to market-rate housing through prepayment of subsidized mortgages.
Hispanic or
Latinx
Other Race
or Multiple
Races
(Hispanic
and NonHispanic)
White,
NonHispanicAsian alone
Native
Hawaiian
and Other
Pacific
Islander
Black or
African
American
(Hispanic
and NonHispanic)
American
Indian or
Alaska
Native
(Hispanic
and NonHispanic)
Below Poverty Line 7% 8% 9% 34% 0% 0% 0%
Race/Ethnicity* 69.5% 0.7% 26.5% 1.4% 0.0% 1.9% 0.0%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Chapter 3 – Housing Needs and Fair Housing Report 3-63 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Policy 2.6: Existing housing occupied by very-low- or low-income households shall not be demolished without assurance of the availability of suitable alternative housing.
Policy 4.5: The City shall give special attention in affordable housing programs to the needs of special groups, including the physically, mentally, and developmentally disabled, large families, farm-workers, seniors, and lower-income households.
The City is committed to implementing a suite of programs which emphasize the provision of multifamily housing and non-traditional types to provide a variety of housing types to meet the needs of ELI households, including Program 1.2, 1.3, 2.2, 4.4, 4.5, 4.6, 5.3, and 5.6 (see Chapter 2).
Additionally, the City has identified the following service providers and programs to assist residents that are from an Extremely Low-Income household:
Fair Housing Education;
Housing Choice Voucher Program;
Stanislaus Regional Housing Authority;
Stanislaus County Affordable Housing Corporation;
First-time Homebuyer Assistance; and
Stanislaus County Regional Transit (StaRT) Dial-A-Ride.
Seniors
Seniors are identified as individuals 65 years and older. Senior households often experience a combination of factors that can make accessing or keeping affordable housing a challenge. They often live on fixed incomes and are more likely to have disabilities, chronic health conditions and/or reduced mobility. Seniors who rent may be at even greater risk for housing challenges than those who own, due to income differences between these groups.
Figure 3-38 illustrates the senior population in Newman, the County, and neighboring cities.
Compared to the County and neighboring cities, Newman has a similar senior population (12 percent), approximately 1 percentage point less than the County. The City of Turlock mirrors the County with a senior population of 13 percent and Patterson has the lowest senior population (9 percent).
Chapter 3 – Housing Needs and Fair Housing Report 3-64 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-38 Senior Population by Jurisdiction, 2019
SOURCE: U.S. Census Bureau, 2019
NOTE: Senior population is identified as persons 65 years and older.
Figure 3-39 illustrates senior housing by tenure in Newman, the County, and neighboring cities during 2019. In Newman, senior households are primarily owners (77 percent). This aligns with the County and neighboring cities. However, Newman has the highest percentage of senior households that own a home reflecting 13 percentage points more than Turlock, 8 points more than Patterson, and 4 points more than the County. Twenty-three (23) percent of Newman senior households are renter households.
Figure 3-39 Senior Housing by Tenure, Newman, 2019
SOURCE: U.S. Census Bureau, 2019
NOTE: Senior population is identified as persons 65 years and older.
Figure 3-40 illustrates senior households by their income. The majority of Newman senior households earn a yearly income between $40,000-$49,000 (18 percent). Five (5) percent of senior households earn more than $200,000.
13% 12%
9%
13%
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
50%
Stanislaus County Newman Patterson Turlock
73% 77% 69% 64%
27% 23% 31% 36%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Stanislaus
County
Newman Patterson Turlock
Renter
Owner
Chapter 3 – Housing Needs and Fair Housing Report 3-65 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-40 Senior Households by Income, Newman, 2019
SOURCE: U.S. Census Bureau, 2019
NOTE: Senior population is identified as persons 65 years and older.
Resources
In Newman, there are two senior living communities, including Westside Village Senior Apartments and 1405 Eucalyptus Avenue Apartments. Westside Village Senior Apartments is located at 2030 Prince Street, in the southwestern region of the city along Highway 33 and provides 40 units to seniors aged 55 and older. The apartments located at 1405 Eucalyptus Avenue are located in the east central region of the city and provide 30 units to seniors aged 55 and older.
The majority of assistance programs and services for senior citizens are provided at the county level due to a lack of financial resources at the city level. The following regional service providers and programs are available to assist seniors:
Stanislaus County Regional Transit (StaRT) Dial-A-Ride.; Stanislaus County Department of Aging and Veterans Services; Prevention & Early Intervention (PEI) services for older adults; Project Hope: provides Professional Brief Counseling, volunteer Peer Counseling / support, and Friendly Visitors;
Modesto Senior Citizens Services;
Sitters of Stanislaus (SOS Elder Care);
Habitat for Humanity Modesto; and
Meals on Wheels (Stanislaus County).
Chapter 3 – Housing Needs and Fair Housing Report 3-66 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 People with Disabilities
People with disabilities face additional housing challenges. Encompassing a broad group of individuals living with a variety of physical, cognitive and sensory impairments, many people with disabilities live on fixed incomes and are in need of specialized care, yet often rely on family members for assistance due to the high cost of care. When it comes to housing, people with disabilities are not only in need of affordable housing but accessibly designed housing, which offers greater mobility and opportunity for independence. Unfortunately, the need typically outweighs what is available, particularly in a housing market with such high demand. People with disabilities are at a high risk for housing insecurity, homelessness and institutionalization, particularly when they lose aging caregivers.
Figure 3-41 illustrates population by disability status in Newman, the County, and neighboring cities in 2019. In Newman, 11 percent of the population has some form of disability. This reflects 2 percentage points lower rate than the County (13 percent) and the City of Turlock (13 percent), and 3 percentage points higher than the City of Patterson (8 percent).
Figure 3-41 Population by Disability Status by Jurisdiction, 2019 SOURCE: U.S. Census Bureau, 2019
Over the last decade, the population of persons with disabilities has generally remained constant in Newman. Figure 3-42 illustrates trends in persons with disabilities in Newman between 2012-2019.
Since 2012, the population with disabilities in Newman has increased by 1 percent. In 2014, the population with disabilities began to increase, reaching its highest point in 2016 at 14 percent.
However, in 2017 the trend began to decrease reaching 11 percent by 2019. 87% 89% 92% 87%
13% 11% 8% 13%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Stanislaus County Newman Patterson Turlock
With a disability
No disability
Chapter 3 – Housing Needs and Fair Housing Report 3-67 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-42 Trends in Persons with Disabilities, Newman, 2012-2019 SOURCE: U.S. Census Bureau, 2012-2020
Table 3-19 provides an overview of disability by type and age in Newman during 2019. Ambulatory difficulty is the most widespread disability in Newman (37 percent) with the highest concentration among persons 18 to 64 years of age and older. Self-care difficulty and hearing difficulty were the least common disabilities in Newman.
Table 3-19 Disability Status by Age, Newman, 2021
Disability Type Under 18 18-64 65 and Over Total
Percent of
Population with
a Disability
Hearing Difficulty 0 87 75 162 9%
Vision Difficulty 25 172 5 202 11%
Cognitive Difficulty 0 191 134 325 18%
Ambulatory Difficulty 0 547 130 677 37%
Self-care Difficulty 0 69 90 159 9%
Independent Living Difficulty - 174 117 291 16%
Total 25 1,240 551 1,816 100%
SOURCE: U.S. Census Bureau, ACS 5-Year Estimate, 2019
NOTE: These disabilities are counted separately and are not mutually exclusive, as an individual may report more than one disability. These counts should not be summed.
90% 90%
87% 87% 86% 88% 87% 89%
10% 10%
13% 13% 14% 12% 13% 11%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
2012 2013 2014 2015 2016 2017 2018 2019
No disability
Disability
Chapter 3 – Housing Needs and Fair Housing Report 3-68 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 State law also requires Housing Elements to examine the housing needs of people with developmental disabilities. Developmental disabilities are defined as severe, chronic, and attributed to a mental or physical impairment that begins before a person turns 18 years old. This can include Down’s Syndrome, autism, epilepsy, cerebral palsy, and mild to severe mental retardation. Some people with developmental disabilities are unable to work, rely on Supplemental Security Income, and live with family members. In addition to their specific housing needs, they are at increased risk of housing insecurity after an aging parent or family member is no longer able to care for them.
The California Department of Developmental Services provides ZIP code level counts on populations with developmental disabilities based on age and residence type. Table 3-20 reports the population with developmental disabilities by age in Newman. Approximately 128 persons have a developmental disability in Newman. Of these, 80 are children (I.e., under the age of 18) and 48 are adults. Table 3-21 reports the population with developmental disabilities by residence. The most common living arrangement for individuals with disabilities in Newman is the home of parent/family/guardian followed by independent/supported living arrangements.
Table 3-20 Population with Developmental Disabilities by Age, Newman, 2021 Age Group Number
Age Under 18 80
Age 18+ 48
SOURCE: California Department of Developmental Services, Consumer Count by California ZIP Code and Age Group (2021).
NOTE: Universe: Population with developmental disabilities. Notes: The California Department of Developmental Services is responsible for overseeing the coordination and delivery of services to more than 330,000 Californians with developmental disabilities including cerebral palsy, intellectual disability, Down syndrome, autism, epilepsy, and related conditions. The California Department of Developmental Services provides ZIP code level counts. To get jurisdiction-level estimates, ZIP code counts were crosswalked to jurisdictions using census block population counts from Census 2010 SF1 to determine the share of a ZIP code to assign to a given jurisdiction.
Table 3-21 Population with Developmental Disabilities by Residence, Newman, 2021 Residence Type Number
Home of Parent/Family/Guardian 124
Foster/Family Home <11
Independent/Supported Living <11
Other 0
Community Care Facility 0
Intermediate Care Facility 0
SOURCE: California Department of Developmental Services, Consumer Count by California ZIP Code and Residence Type (2021).
NOTE: Universe: Population with developmental disabilities. Notes: The California Department of Developmental Services is responsible for overseeing the coordination and delivery of services to more than 330,000 Californians with developmental disabilities including cerebral palsy, intellectual disability, Down syndrome, autism, epilepsy, and related conditions. The California Department of Developmental Services provides ZIP code level counts. To get jurisdiction-level estimates, ZIP code counts were crosswalked to jurisdictions using census block population counts from Census 2010 SF1 to determine the share of a ZIP code to assign to a given jurisdiction.
Chapter 3 – Housing Needs and Fair Housing Report 3-69 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Resources
In the City of Newman, the majority of the residents that have disabilities are between the ages of 18 and 64. As such, a variety of support services are needed to assist both the younger population with disabilities, and the middle-aged and older population of residents with disabilities. Housing and transportation costs may pose a challenge to residents with disabilities. The service organization listed in the “Seniors” section above includes several resources that accommodate seniors with disabilities.
The City’s Municipal Code establishes procedures for persons with disabilities seeking equal access to housing, including reasonable accommodation for persons with disabilities. Additionally, the City follows the requirements of California Building Code Title 24, which establishes provisions for accessible building design. To further ensure adequate housing is available for persons with disabilities, the City has included Program 4.6, which establishes requirements for Universal Design principles for new senior housing and removes associated fees for reasonable accommodation request that remain at the City staff review level (see Chapter 2).
In addition to the efforts described above, the City has identified the following service providers and programs to assist residents that are living with disabilities:
Stanislaus County Family Caregiver Support Program;
Stanislaus County BRIDGES Volunteer Driver Program;
Stanislaus County Health Services Agency;
Stanislaus County Department of Mental Health;
Disability Resource Agency for Independent Living (Modesto); Stanislaus County Regional Transit (StaRT) Dial-A-Ride; and Right At Home (Modesto).
Large Households
Large households are defined as households of five or more individuals. Large households often have different housing needs than smaller households. Household income and local housing markets can greatly impact a household’s ability to afford adequately sized housing. If a city’s rental housing stock does not include larger apartments, large households who rent could end up living in overcrowded conditions. Similarly, large households may experience overpayment as a result of a high housing market and limited availability.
Chapter 3 – Housing Needs and Fair Housing Report 3-70 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-43 illustrates households by size and tenure in Newman. The City of Newman has 701 large households, of which 52 percent are owner-occupied households and 48 percent are renter-occupied households. This combined with 26 percent of all households experiencing some level of cost burden (Figure 3-35), suggests it is likely that large households in Newman may experience overcrowding and/or overpayment.
Figure 3-43 Households by Size and Tenure, Newman, 2019 SOURCE: U.S. Census Bureau, ACS 5-Year Estimate, 2019
Due to the limited supply of adequately sized units to accommodate larger households, large families often face significant difficulty in locating adequately sized, affordable housing. Figure 3-44 illustrates the existing housing stock by number of bedrooms in Newman. As shown in Figure 3-44, the majority of existing housing units are three and four-bedroom units followed by two-bedroom units. The City has approximately 1,454 three-bedroom units; 1,227 four-bedroom units; 847 twobedroom units; 161 one-bedroom units; 48 studios; and 44 five-bedroom units. Together, three and four-bedroom units constitute over 60 percent of all housing units in Newman. Therefore, the supply of family friendly units is on par with the need in Newman. 70%
80%
72% 70%
52%
30%
20%
28% 30%
48%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
1 Person
Household
2 Person
Household
3 Person
Household
4 Person
Household
5 Or More
Person
Household
Owner Occupied
Renter Occupied
Chapter 3 – Housing Needs and Fair Housing Report 3-71 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-44 Housing Stock by Number of Bedrooms, Newman, 2021 SOURCE: U.S. Census Bureau, ACS 5-Year Estimate, 2019
Resources
Large households in the City of Newman can benefit from general programs and services for lower and moderate-income persons, including the Stanislaus County Regional Housing Authority Housing Choice Voucher program, and various community and social services provided by nonprofit organizations in the region. The City has included Program 4.8 to encourage the development of family friendly affordable housing units (see Chapter 2).
The City also has the ability to leverage city-owned sites to incentive the development of larger, family-friendly units that accommodate a minimum of three bedrooms per unit. The City will work with non-profit affordable housing developers to encourage housing development that meets the needs of large households.
In addition to the City’s efforts to enable the development of family friendly residential units, the following regional service providers and programs are available to assist Newman’s large households:
Housing Choice Voucher Program;
Fair Housing Education; and
Stanislaus County Down-payment Assistance Program.
Single-Parent Households
Households headed by one person are often at greater risk of housing insecurity, particularly femaleheaded family households, who may be supporting children or a family with only one income. 1% 4%
22%
38%
32%
1%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
No Bedroom 1 Bedroom 2 Bedrooms 3 Bedrooms 4 Bedrooms 5 or more bedrooms
Chapter 3 – Housing Needs and Fair Housing Report 3-72 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 In Newman, the largest proportion of households is married-couple family households at 56 percent, while female-headed households make up 17 percent and male-headed households make up 11 percent of all households (Figure 3-3). Figure 3-45 shows single-parent households in Newman, the County, and neighboring cities. Compared to the County and neighboring cities, Newman’s ratio of single-parent households is on par. Although, Newman does have a slightly lower percentage of both female and male-headed family households at 62 percent and 39 percent, respectively.
Compared to the County, this reflects a 4-percentage point difference in female-headed family households and a 5 percentage point difference in male-headed family households.
Figure 3-45 Single-Parent Households by Jurisdiction, 2019 SOURCE: U.S. Census Bureau, ACS 5-Year Estimate, 2019
Over the last decade, both female-headed and male-headed family households have increased in Newman. Figure 3-46 illustrates trends in single-parent households in Newman between 2010- 2019.20 During this period, female-headed households increased from 16.2 percent in 2010 to its highest at 19.8 percent in 2014. In 2015, the trend began to steadily fall reaching 15.8 percent by 2018, before rising to 17 percent in 2019. Between 2010-2019, male-headed family households experienced a greater level of change than female-headed family households, increasing a total of 3 percent. However, female-headed family households (17 percent) remain more prominent than male-headed family households (10.5 percent) in Newman. 20 The data reports female- and male-headed family household as a percentage of total households in Newman.
66.2% 61.7% 61.0% 67.6%
33.8% 38.3% 39.0% 32.4%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Stanislaus
County
Newman Patterson Turlock
Male-headed Family
Households
Female-Headed Family
Households
Chapter 3 – Housing Needs and Fair Housing Report 3-73 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-46 Trends in Single-Parent Households, Newman, 2010-2019 SOURCE: U.S. Census Bureau, ACS 5-Year Estimate, 2010-2019 NOTE: This table reports female- and male-headed family households as a percentage of total households in Newman.
Female-headed family households with children may face particular housing challenges, with pervasive gender inequality resulting in lower wages for women. Moreover, the added need for childcare can make finding a home that is affordable more challenging. Figure 3-47 illustrates female-headed family households by poverty status. In 2019, there were 49 female-headed family households with children that fell in the Below Poverty Level category compared to zero maleheaded family households with children that fell in the Below Poverty Level category in Newman.
Figure 3-47 Female-Headed Family Households by Poverty Status, Newman, 2019 SOURCE: U.S. Census Bureau, ACS 5-Year Estimate, 2019
222 238
49 52
0 50
100
150
200
250
300
350
with Children with No Children
Below Poverty Level
Above Poverty Level
16.2%
14.9% 14.2%
16.1%
19.8% 19.7%
17.4%
16.3% 15.8%
17.0%
7.5% 8.3% 8.3%
9.6% 10.4%
8.8% 9.5%
11.4%
10.4% 10.5%
0.0%
5.0%
10.0%
15.0%
20.0%
25.0%
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
Female-Headed Family Households
Male-headed Family Households
Chapter 3 – Housing Needs and Fair Housing Report 3-74 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Resources
Limited household income constrains the ability of single-parent households to afford adequate housing, childcare, healthcare, and other necessities. The Center for Human Services Newman Family Resource Center provides resources and referrals to families in need and partners with CalFresh, MediCal, and CalWorks, which provide assistance ranging from government food benefits to cash assistance to meet basic family needs. They also provide education, employment and training programs to assist a family’s move to self-sufficiency.
There are two head start programs located at 655 Hardin Road in Newman, including Migrant Early/Migrant-Seasonal Head Start Program and Regional Head Start Program. Migrant Early/Migrant-Seasonal Head Start Program provides childcare services for children ages six weeks through compulsory school age. Eligibility is determined according to migrant status, seasonal status, source of income, and income level. There is no cost for services. Regional Head Start Program provides childcare services for children ages three to five years of age. Eligibility is determined according to federal poverty guidelines. Children in foster care, homeless children, and children from families receiving public assistance are categorically eligible regardless of income.
In addition to the service organizations listed above, the City has identified the following service providers and programs to assist single-parent households:
Housing Choice Voucher Program;
Fair Housing Education;
Stanislaus County Affordable Housing Corporation;
Samaritan House;
Redwood Family Center;
Stanislaus County Down-payment Assistance Program; and Stanislaus County Regional Transit (StaRT) Dial-A-Ride.
Farmworkers
Farmworkers are traditionally defined as people whose primary incomes are earned through permanent or seasonal agricultural labor. Farmworkers are generally considered to have special housing needs due to their limited income and the often unstable nature of their employment. In addition, farmworker households tend to have high rates of poverty, live disproportionately in housing that is in the poorest condition, have extremely high rates of overcrowding, and have low homeownership rates.
Chapter 3 – Housing Needs and Fair Housing Report 3-75 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-48 shows hired farm labor in Stanislaus County between 2002 and 2017. According to the U.S. Department of Agriculture Census of Agriculture, the number of permanent farm workers in Stanislaus County has decreased since 2002, totaling 6,284 in 2017, and the number of seasonal farm workers has also decreased, totaling 6,429 in 2017.
Figure 3-48 Hired Farm Labor, Stanislaus County, 2002-2017 SOURCE: U.S. Department of Agriculture, Census of Farmworkers (2002, 2007, 2012, 2017), Table 7: Hired Farm Labor.
NOTES: Universe: Hired farm workers (including direct hires and agricultural service workers who are often hired through labor contractors). Farm workers are considered seasonal if they work on a farm less than 150 days in a year, while farm workers who work on a farm more than 150 days are considered to be permanent workers for that farm.
In Newman, only 4.8 percent of the City’s employment is comprised of Agriculture and Natural Resources. There are no farm labor housing developments in the City nor are there projects assisted with Rural Housing Administration financing; however, the City shares the responsibility for farmworker housing as farmworkers may work within 75 miles of agricultural land uses (including dairy, vineyards, and produce) and the City is within 75 miles of these uses. While HCD has no established metrics, the United States Department of Agriculture, (USDA) considers farmworkers that work at a specific location within 75 miles of their home to be “settled” and thus permanent members of their home community.
The California Institute for Rural Studies released a Farmworker Housing Study and Action Plan for Salinas Valley and Pajaro Valley in April 2018. While the Study was conducted in a different region outside of Stanislaus County, some of the key findings (that may still be relevant to farmworkers in other jurisdictions throughout the State of California) of the Study included:
A survey of 420 farmworkers in the labor shed as well as interviews with employers and other stakeholders was conducted to gather primary data. Among the farmworkers surveyed, men and women were relatively evenly distributed across age groups with 75 percent of the interviewees 7,220
12,073
6,258
9,691
5,928
8,729
6,284 6,429
0 2,000
4,000
6,000
8,000
10,000
12,000
14,000
Permanent Seasonal
Farm Workers
2002 2007 2012 2017
Chapter 3 – Housing Needs and Fair Housing Report 3-76 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 married. The clear majority of the immigrant farmworker interviewees had very few years of schooling. They were 92 percent immigrants (not born in the U.S.); Most households of farmworkers interviewed included non-family members who were for the most part other farmworkers. There are consistently stunningly high rates of residences that are above the severely crowded condition of 2.0 people per room. This is true of almost all the subgroups of the population. Often more than 5 people per bathroom; and About 40 percent of respondents live in houses, 30 percent in apartments. Another 19 percent live in rented rooms without kitchens – either in houses or apartments. Another 12 percent live in “other” types of dwellings. Eighty-nine percent of farmworkers were renters and 11 percent owners. Of those who reported as owners, a quarter owns mobile homes.
Other characteristics of those interviewed included:
Most have only completed primary school;
Wages ranged from a median of $12.79 per hour, mean of $13.64, with median annual income of $25,000;
The majority do not work all year in agriculture – 7.5 months is the median; 44 percent of migrants work all year, 20 percent of non-migrants work year-round; Average age at arrival is about 20;
Median number of years in the US is 15 years;
Median age was 37;
Median number of years with current employer is 4 years; a quarter worked for their employer for 8 years or more;
Two-thirds are from four states in Mexico:
Oaxaca 21 percent;
Michoacan 19 percent;
Jalisco 14 percent;
Guanajuato 10 percent;
13 percent self-identified as indigenous Mixtec, Triqui, Zapotec; They work in a range of crops throughout the region;
46 percent participate in harvest;
16 percent are packers;
Chapter 3 – Housing Needs and Fair Housing Report 3-77 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 38 percent participate in all other farm-related tasks such as:
Weeding;
Irrigating;
Thinning;
Pruning;
Loading;
Driving; and
Operating machines.
The farmworker housing demand model developed as part of the study calculates the total housing units needed of all types, based on target People Per Dwelling (PPD), and total permanent affordable farmworker housing based on the current rate that farmworkers access subsidized housing.
Key findings of the demand model were:
An additional 33,159 units of farmworker housing are needed to alleviate critical overcrowding in farmworker households that are occupied at 7.00 PPD to the average PPD of 3.11 in Stanislaus County and the average PPD 3.21 in San Joaquin County; A total of 4,393 units of permanent affordable farmworker housing are needed to maintain the present “access rate” of 7.6 percent of farmworkers to subsidized housing; and The data from this study indicate an overwhelming need for affordable permanent year-round family housing.
Resources
In an effort to provide farmworker housing to address the needs in the region, the Stanislaus County Housing Authority is currently under contract with the Office of Migrant Services (OMS) to operate four migrant farmworker housing centers with locations in Watsonville, Patterson, Empire, and Westley. Among the four migrant farmworker housing centers, approximately 318 units are provided as affordable, seasonal rental housing for migrant farmworker families. The housing centers operate for 180 days each year, and may provide season extensions pending approval by OMS. The units range in size and price from 1-bedroom ($11/day) to 4-bedroom units ($12.50/day). A security deposit of $100 is required, and all utilities are included in the rental rate.
The City of Newman, in collaboration with the Stanislaus County Housing Authority, will reach out to OMS to provide services for farmworkers closer to or within the City limits.
Chapter 3 – Housing Needs and Fair Housing Report 3-78 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 To enable the development of housing types suitable for lower-income households, including farmworkers, the City will implement the following programs (see Chapter 2):
Program 4.4: Housing for Extremely Low-Income Residents; Program 4.8: Family-Friendly Housing; and
Program 4.9: Farmworker Housing.
In addition to the City’s efforts to enable housing for lower-income households, including farmworkers, the following regional service providers and programs are available to assist farmworker households within the greater Stanislaus County region:
Spanish Farmworkers Resource Line;
The Office of Migrant Services;
California Rural Legal Assistance;
Central Valley Opportunity Center; and
Farm and Food Worker Relief Grant Program.
The City of Newman is aware of the Statewide Farmworker Housing Needs Survey that HCD launched in compliance with the requirements of AB 1654 (Rivas, Chapter 638, Statutes of 2022), and as more information becomes available regarding farmworker housing needs, the City will update the policies and programs to further accommodate the needs of farmworkers in jurisdictions within 75 miles of the City limits.
Persons Experiencing Homelessness
Homelessness remains an urgent challenge in many communities across the state, reflecting a range of social, economic, and psychological factors. Rising housing costs result in increased risks of community members experiencing homelessness. Addressing the specific housing needs for the unhoused population remains a priority throughout the region, particularly since homelessness is disproportionately experienced by people of color, people with disabilities, those struggling with addiction and those dealing with traumatic life circumstances.
Table 3-22 reports homeless persons in Stanislaus County, Newman, Patterson, and Turlock between 2018 and 2023. According to the 2023 Stanislaus County Homeless Point-In-Time Count, the region experienced a steady increase in homeless persons between 2019 and 2021. In 2022, the number of homeless persons decreased by approximately 37 percent. By 2023, the number of homeless persons increased by 12 percent reaching 2,091 persons.
Chapter 3 – Housing Needs and Fair Housing Report 3-79 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Table 3-22 Homeless Population, 2018-2023
Jurisdiction Sheltered/Unsheltered Population
2018 2019 2020 2021 2022 2023
Stanislaus
County 1,356 1,923 2,107 2,927 1,857 2,091
Newman 9 17 21 - 12 6
Patterson 37 76 78 - 55 67
Turlock 155 247 232 - 211 233
SOURCE: Stanislaus County Point-in-Time (PIT) Count, 2018-2023 Similar to the County, the number of homeless persons in Newman also increased between 2018 to 2020 before decreasing in 2022. According to the 2023 Stanislaus County PIT Count, Newman has approximately six (6) homeless persons. Comparatively, this is much lower than nearby cities in the region, many of which have experienced an increase in homeless persons since 2022. According to local knowledge and code enforcement reports, there are no homeless encampments present in the city.
Table 3-23 shows homelessness by household type and shelter status in Stanislaus County in 2022.
In Stanislaus County, the most common type of household experiencing homelessness are those without children in their care. Among households experiencing homelessness that do not have children, 60 percent are unsheltered. Conversely, the majority of homeless households with children are in emergency shelters (64 percent). Approximately, 71 percent of those surveyed identified as white and 37 percent identified as Hispanic/Latin. The majority of the homeless counted were males and the largest age group was 35 to 44 years of age. Those surveyed indicated the obstacles to accessing services include lacking identification or documents; lack of transportation; and lack of education on where to seek services or assistance.21
21 Stanislaus Community System of Care. 2023 Annual Point-In-Time Homeless Count. https://www.stancounty.com/newsfeed/pdf/press-release-executive-summary-english.pdf Chapter 3 – Housing Needs and Fair Housing Report 3-80 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Table 3-23 Homelessness by Household Type and Shelter Status, Stanislaus County, 2022 Type of Shelter
People in
Households
Composed Solely of
Children Under 18
People in Households
with Adults and Children
People in Households
without Children Under
18 Total
Count Percent Count Percent Count Percent
Sheltered –
Emergency Shelter 0 0% 63 64% 494 33% 557
Sheltered –
Transitional
Housing
0 0% 33 34% 106 7% 139
Unsheltered 1 100% 2 2% 908 60% 911
Total 1 100% 98 100% 1,508 100% 1,607
SOURCE: U.S. Department of Housing and Urban Development (HUD), Continuum of Care (CoC) Homeless Populations and Subpopulations Reports (2022).
NOTES: Universe: Population experiencing homelessness. This data is based on Point-in-Time (PIT) information provided to HUD by CoCs in the application for CoC Homeless Assistance Programs. The PIT Count provides a count of sheltered and unsheltered homeless persons on a single night during the last ten days in January. Each county is its own CoC, and so the data for this table is provided at the county-level. Per HCD’s requirements, jurisdictions will need to supplement this county-level data with local estimates of people experiencing homelessness.
Resources
According to PIT counts dating back to 2018, Newman has had a relatively low number of persons experiencing homelessness within the city compared to nearby jurisdictions. As a result, most resources for the homeless population are provided at the county level. However, access to transportation, public services, and resources in Newman may present a challenge to the those experiencing homelessness, despite the limited need.
Stanislaus Regional Transit Authority (StanRTA) operates one bus route, Route 45, that provides service from Newman to Patterson and Turlock. Additionally, Route 45 provides service to the Turlock Transit Center, which provides bus service transfers to many bus routes including Modesto.
Route 45 makes seven stops in Newman, including City Hall. All stops in Newman are central to the downtown area of the city. Therefore, challenges may exist for residents in need of transportation services that live in the outskirts of the city. This is a common obstacle for cities located in a more rural setting. However, local knowledge and data indicate persons experiencing homelessness in Newman are typically located near the city’s urbanized core.
The Center for Human Services operates the Newman Family Resources Center located at 1300 Patchett Drive in Newman, which provides services to Newman residents. Services provided include resource and referral; case management; counseling referral; translation assistance; parent education and school readiness classes for Newman and Crows Landing residents; food pantry; utility assistance; and CalFresh/MediCal/CalWorks benefit applications and assistance. All services are provided at no cost. This organization helps to address the needs of lower-income and housing insecure residents in Newman. Further, the center is located approximately 0.2 miles from the nearest bus stop, making it accessible by public transportation.
Chapter 3 – Housing Needs and Fair Housing Report 3-81 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 In addition to the resources listed above, the following regional facilities offer supportive housing services in Stanislaus County for homeless and special needs low-income persons:
Modesto Women’s Mission: 1400 East Yosemite Boulevard, Modesto; Children’s Crisis Center – Marsha’s House: Ceres;
Stanislaus County Habitat for Humanity: 630 Kearney Avenue, Modesto; Hutton House: 201 Jennie Street, Modesto;
Haven Women’s Center of Stanislaus: 301 Starr Avenue, Turlock; HOST House: 1010 10th Street, Modesto;
We Care Program: 221 S Broadway, Turlock; and
The Salvation Army Shelter: 320 9th Street, Modesto.
Limited English Proficiency
California has long been an immigration gateway to the United States, which means that many languages are spoken throughout the state. Since learning a new language is universally challenging, it is not uncommon for residents who have immigrated to the United States to have limited English proficiency. This limit can lead to additional disparities if there is a disruption in housing, such as an eviction, because residents might not be aware of their rights or they might be wary to engage due to immigration status concerns.
Figure 3-49 illustrates the population with limited English proficiency in Newman compared to the County. In both Newman and Stanislaus County, 10 percent of residents five (5) years and older identify as speaking English not well or not at all. This in tandem with a 70 percent Hispanic or Latino population in Newman, indicates a need for the prioritization of language translation services for all outreach including fair housing resources and education.
Figure 3-49 Population with Limited English Proficiency, 2019 SOURCE: U.S. Census Bureau, ACS 5-Year Estimate, 2019
NOTE: Universe: Population 5 years and over.
10% 10%
90% 90%
0%
20%
40%
60%
80%
100%
Stanislaus County Newman
Population 5 Years and
Over Who Speak English
"Well" or "Very well"
Population 5 Years and
Over Who Speak English
"Not well" or "Not at all"
Chapter 3 – Housing Needs and Fair Housing Report 3-82 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Resources
The City is committed to ensuring all residents have equal accessibility to housing assistance and resources. The City provides translation services at public meetings and provides bi-lingual engagement materials for City events. In an effort to affirmatively further fair housing, this 6th Cycle Housing Element contains Program 5.1, which states all fair housing resources including the fair housing complaint referral process be provided in both English and Spanish (see Chapter 2).
3.6 Access to Opportunity
This section discusses disparities in access to opportunity among protected classes including access to quality education, employment, transportation, and environment. The California Tax Credit Allocation Committee (TCAC) in collaboration with HCD developed a series of opportunity maps that help to identify areas of the community with good or poor access to opportunity for residents.
These maps were developed to align funding allocations with the goal of improving outcomes for low-income residents—particularly children.
Access to Opportunity
“Access to opportunity is a concept to approximate place-based characteristics linked to critical life outcomes. Access to opportunity oftentimes means both improving the quality of life for residents of low-income communities, as well as supporting mobility and access to ‘high resource’ neighborhoods. This encompasses education, employment, economic development, safe and decent housing, low rates of violent crime, transportation, and other opportunities, including recreation, food and healthy environment (air, water, safe neighborhood, safety from environmental hazards, social services, and cultural institutions).” SOURCE: California Department of Housing and Community Development Guidance, 2021, page 34.
Disparities in Access to Opportunity
The opportunity maps highlight areas of highest resource, high resource, moderate resource, low resource and high segregation and poverty. TCAC provides opportunity maps for access to opportunity in quality education, employment, transportation, and environment. Opportunity scores are presented on a scale from zero to one and the higher the number, the more positive the outcomes.
Chapter 3 – Housing Needs and Fair Housing Report 3-83 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Regional Trends
Figure 3-45 illustrates TCAC Opportunity Areas across Stanislaus County. As shown, access to opportunity varies based on location across the region, with large concentrations both low and moderate resource areas. Less common throughout the region are highest resource areas. The greatest level of variation in access to opportunity is seen in cities along Highway 99 including Modesto, Turlock, and Merced. Similarly, highest resources areas are also primarily located along Highway 99. Areas to the west, east, and south of Highway 99 are largely identified as low to moderate resource areas.
Regionally, high segregation and poverty do not have a high prevalence. However, the cities of Modesto, Turlock, and Merced each have at least one census tract identified as having high segregation or poverty.
Local Trends
Similar to many surrounding areas in the County, Newman is considered a moderate resource area with no variation based on location, meaning all households have similar access to opportunity in Newman (Figure 3-50). In terms of high segregation and poverty, Newman has no census tracts that are identified. Similarly, the majority of surrounding areas also do not have census tracts identified as high segregation or poverty, with the exception of Modesto, Turlock, and Merced. This difference is likely due to the higher population size and densities in these cities compared to Newman. The lack of high segregation and poverty in Newman aligns with the city’s high level of diversity and minority majority population. Compared to the County, Newman’s non-Hispanic White population is 15 percentage points lower.
Chapter 3 – Housing Needs and Fair Housing Report 3-84 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-50 TCAC Opportunity Composite Score, 2023
SOURCE: California Department of Housing and Community Development AFFH Data Viewer Chapter 3 – Housing Needs and Fair Housing Report 3-85 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Economic
TCAC’s economic opportunity score is comprised of poverty, adult educational attainment, employment, job proximity, and median home value. Figure 3-51 illustrates economic opportunity in Newman based on the TCAC Economic Opportunity Map. According the California Department of Housing and Community Development AFFH Data Viewer, all areas of Newman have a low economic opportunity score of less than 0.25. This reflects a low level of opportunity for economic advancement for residents in Newman. The City of Patterson also shows low levels of economic opportunity ranging from 0.5 and less. The City of Turlock shows a split between low and high levels of economic opportunity based on the northern and southern regions of the city.
Education
Figure 3-52 illustrates educational opportunity in Newman based on the TCAC Educational Opportunity Map. As shown, the region’s educational opportunities are varied according to location.
Much of the region has educational opportunities that range from moderate to high educational opportunity (0.5 to 1.0). The cities of Modesto and Turlock show the greatest level of variation in educational opportunity ranging from less than 0.25 up to 1.0. According to Figure 3-52, educational opportunity in Newman is low (0.25 to 0.5) and does not vary based on location, meaning all households have similar access to educational opportunity.
The City of Newman is served by the Newman-Crows Landing Unified School District (NCLUSD), along with a variety of elementary, middle, and high schools within the City of Newman. Despite scoring low on the TCAC Educational Opportunity scale, in 2022, NCLUSD highlights an 89.4 percent graduation rate among all students in the district, which is higher than the statewide average (87.4 percent) and county average (86.2 percent).22
When broken down by race/ethnicity, Hispanic students graduated at a rate of 89.4 percent, and White students graduated at a rate of 89.2 percent. There is no data available for the graduation rates of: African-American students, Asian and Pacific Islander students, and students with disabilities. 22 https://www.caschooldashboard.org/reports/50736010000000/2022 Chapter 3 – Housing Needs and Fair Housing Report 3-86 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-51 TCAC Economic Opportunity, 2022
SOURCE: California Department of Housing and Community Development AFFH Data Viewer Chapter 3 – Housing Needs and Fair Housing Report 3-87 EMC Planning Group Inc.
City of Newman 6th Cycle Housing Element Update HCD Revised Draft May 2024 Figure 3-52 TCAC Educational Opportunity, 2022
SOURCE: California Department of Housing and Community Development AFFH Data Viewer Chapter 3 – Housing Needs and Fair Housing Report 3-88 EMC Planning Group Inc.