Building Housing in Newark

The City of Newark partners with homebuilders to address the community’s housing needs.

Newark aims to permit 1,874 new homes by 2031, including 464 very low-income homes and 268 low-income homes. Core information for homebuilders is consolidated on this webpage, although developer applicants should also review the City’s Planning & Housing Division webpage and Building Inspection Division webpage for further information.

Zoning, Standards, and Inclusionary Housing

  • The Newark Zoning Ordinance is codified in Title 17 of Newark Municipal Code. The purpose of the Zoning Ordinance is to implement the City’s general plan and to protect and promote the public health, safety, peace, comfort, convenience, prosperity and general welfare. Specific zoning resources for homebuilders include:

    City of Newark Zoning Map (pdf)

    NMC Chapter 17.07 (Residential Districts). Includes tables for Land Use Regulations and Development Standards for Residential Districts.

    NMC Chapter 17.08 (Commercial and Mixed-Use Districts). Includes tables for Land Use Regulations and Development Standards for Commercial and Mixed-Use Districts.

    NMC Division III (Citywide Regulations). Includes regulations for site development such as landscaping (Chapter 17.21) and parking (Chapter 17.23).

  • Design Standards supplement Development Standards for applicable base zoning districts. Specific Design Standards for homebuilders include:

    Objective Design Standards for Residential and Mixed-Use Development (Coming Soon)

    Design Review. Design review ensures that new development supports the goals and objectives of the City’s general plan and other adopted plans and guidelines. Pursuant to NMC Chapter 17.34, Design Review is required for projects proposing new construction, reconstruction, rehabilitation, alteration, or other improvements to the exterior of a structure, site, or a parking area, with specified exceptions. Approval is subject to the review of the Community Development Director or Planning Commission.

    Single Family Design Review. Homeowners and builders proposing a single-unit dwelling, second-story additions, exterior modifications to an existing single-unit dwelling, or additions and exterior modifications at the front or street side of an existing single-unit dwelling require Single-Family Design Review (SFDR). Projects requiring SFDR are subject to NMC Chapter 17.34. Approval is subject to the review of the Community Development Director. Review the SFDR webpage for further information.

    Waivers. NMC Chapter 17.37 establishes alternate means of granting relief from zoning requirements when doing so would be consistent with Title 17 and it is not possible or practical to approve a zoning variance. Waivers are also available to allow certain improvements to an existing building in order to provide reasonable accommodations to individuals with disabilities.

  • Effective February 2026, developers of residential and mixed-use projects with 10 or more homes (Large Projects) are required to restrict 10 percent of all homes to low- or moderate-income households. Projects of 9 or fewer homes (Small Projects) are required to pay the housing impact fee, which can be found in the City’s Master Fee Schedule.

    Large rental projects shall restrict affordable homes to an average of 50 percent of the Area Median Income (AMI), not to exceed 80 percent AMI. For example, a 120-home project shall set aside 12 homes as affordable housing. Four homes could be leased at prices affordable to households making 30 percent of AMI, four homes at prices affordable to 50 percent AMI households, and four homes affordable to 80 percent AMI households, for an average project affordability of 50 percent AMI.

    Large for-sale projects shall restrict affordable homes to an average of 110 percent AMI, not to exceed 120 percent AMI. The City contracts with Hello Housing to manage the City’s below market rate homeownership program, including the provision of technical assistance to homebuilders and regulatory monitoring and reporting.

    Projects of any size may request City Council approve an alternative means of compliance, including, but not limited to, clustering affordable units, off-site development of affordable units, and dedication of land for affordable housing development.

    Homebuilders are advised to review Ordinance 560 for complete requirements. 

General Plan and Specific Plans

The General Plan provides a vision for Newark’s future and a strategy for achieving that vision. City Council has also adopted plans to guide the development of specific areas within Newark of significant or strategic importance (Specific Plans). The City has a keen interest in partnering with homebuilders and property developers to realize the City’s vision for its General and Specific Plans.

  • The Newark General Plan is used by the Planning Commission and City Council to evaluate proposed land use changes and local budget decisions. City staff use the General Plan to evaluate development proposals and structure the delivery of local services. It can also be used by private citizens to make investment decisions and to understand the City’s plans for different areas. Specific General Plan resources for homebuilders include:

    General Plan (pdf)

    City of Newark Land Use Map (pdf)

    Draft Environmental Impact Report (pdf)

    Final Environmental Impact Report (pdf)

  • Newark’s adopted and certified 6th Cycle Housing Element establishes 45 programs and 35 policies to proactively plan for meeting the City’s housing needs through 2031. The Housing Element is a component of the General Plan.

  • Old Town is a district within central Newark generally encompassing Thornton Avenue between Cherry Street and Elm Street. City Council adopted the Old Town Newark Specific Plan in 2021. The plan expresses the vision for a vibrant mixed-use Old Town neighborhood and guides public improvements and private development through the 2040 planning horizon.

    In addition to reforms to policies and procedures, the plan modifies zoning standards in the Commercial Mixed-Use and Residential Medium Density zoning districts to align development standards, use requirements, and design standards with contemporary market conditions and building types.

    Old Town Newark Specific Plan

    Old Town Newark Specific Plan Addendum to the General Plan Tune Up Program EIR

  • The City of Newark is currently working on several exciting long-range planning projects. The City is invested in the implementation of these plans, including residential development. See below for adopted specific plans.

    NewPark Place Specific Plan.This plan guides the transformation of the NewPark Mall area into a vibrant mixed-use area. The specific plan was last amended in 2021.

    Bayside Newark.Formerly known as the Dumbarton Transit-Oriented Development, Bayside Newark is a mixed-use neighborhood centered around a proposed passenger rail station near the corner of Will and Enterprise Drive.

    Planning Areas 3 and 4.This plan guides the development of the area bounded by Cherry Street, Mowry Avenue, Stevenson Boulevard, and the Mowry Slough, and is bisected by the Union Pacific railroad tracks.

Affordable Housing Incentives and Streamlining

Newark complies with state law concerning permit streamlining and development incentives.

  • Newark’s 6th Cycle Housing Element identifies several properties that are zoned and suitable for housing development (Opportunity Sites). Additionally, projects in the City’s By-Right Housing (BRH) Overlay Zone District are eligible for by-right, non-discretionary approvals if they set aside 20 percent of all homes to households making 80 percent or less than the Area Median Income.

    Below is a map of 6th Cycle Housing Opportunity Sites and sites in the By-Right Housing Overlay District.

    MAP [to come]

  • Newark complies with State Density Bonus law (SDBL). SDBL entitles housing projects that contain a minimum percentage of affordable units to a density bonus and other incentives or concessions. The amount of density bonus allowed is set on a sliding scale based on the percentage of affordable units at each income level. As the legislature may periodically amend SDBL, applicants are advised to review Sections 65915-65918 of the California Government Code for the most recent regulations.

    California Government Code Section 65915

    Newark Municipal Code Chapter 17.19. NMC codifies Newark’s process for determining SDBL applicability. In any instance where NMC conflicts with California state law, the state law shall govern.

  • Newark is subject to state law concerning the Streamlined Ministerial Approval Process program (SMAP). SMAP is an opt-in program for developers that allows a streamlined approval process for qualifying developments. Projects in Newark that restrict at least 50 percent of all homes and meet other eligibility requirements can choose to opt in to utilize streamlined ministerial approvals. Review Government Code Section 65913.4 for complete eligibility requirements.

  • The Housing Crisis Act of 2019 allows housing developers to submit a “preliminary application” to increase transparency and remove barriers and impediments to building new housing. The City of Newark complies with the Housing Crisis Act by publishing process requirements and resources. Review the Planning & Housing Division webpage for further information and applications.

  • State law entitles supportive housing in zones where multifamily and mixed uses are permitted to by-right approvals. In addition to being located in a qualifying zoning district, the project shall be subject to a recorded affordability restriction for 55 years, restrict 100 percent of all homes to lower income households, and make at least 25 percent of all units, or 12 units, whichever is greater, restricted to residents in supportive housing. Review Government Code Section 65651 for complete eligibility requirements.

  • Senate Bill 4 (Wiener, 2023), also known as the Affordable Housing on Faith and Higher Education Lands Act and commonly known as “Yes In God’s Backyard” (YIGBY) entitles 100 percent affordable housing projects to by-right approvals if located on land owned by a religious institution or independent higher education institution. Review Government Code Section 65913.16 for complete eligibility requirements.

(Missing) Middle Housing

Missing Middle Housing is commonly defined as smaller single-unit homes and smaller multi-unit homes, such as duplexes, fourplexes, cottage courts, and courtyard buildings. The City of Newark recognizes the value of Missing Middle Housing in addressing the community’s housing needs. The City complies with state law concerning Missing Middle Housing types.

  • Accessory dwelling units (ADUs), also known as “in-law units” or “granny units”, are residential dwelling units that are subordinate to a primary dwelling on the same lot. ADUs provide complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation. ADUs are allowed on both single-family and multi-family properties.

    Newark ADU Ordinance. Newark amended its ADU ordinance (NMC 17.26.040) in February 2026.  

    Newark ADU webpage.

    Newark Pre-Approved ADU Program. Newark complies with state law concerning pre-approved ADU plans and is currently accepting applications for pre-approval.

    Alameda County ADU Resource Center.

    ADU Handbook. The California Department of Housing and Community Development publishes a Handbook for interpreting state ADU law.

  • Senate Bill 9 (2021) facilitates the creation of up to four homes on lots zoned for single-unit development. Homeowners can achieve this by subdividing an existing home into two homes, and/or splitting the lot into two separate lots. State law requires cities to process SB 9 applications ministerially, meaning discretionary standards and reviews are not allowed.  

    Newark SB 9 Ordinance (coming soon).

    SB 9 Fact Sheet: California Department of Housing and Community Development

    SB 9 Guidebook: Casita Coalition

  • Assembly Bill 803 (2021), Senate Bill 684 (2023) and Senate Bill 1123 (2024) require cities to permit certain housing projects with 10 or fewer homes on less than 5 acres ministerially, meaning discretionary standards and reviews are not allowed. This applies to all lots zoned for multi-unit housing, and vacant parcels in single-unit zones. Review the relevant legislation for complete eligibility requirements.

Fees, Forms, and Template Agreements

  • Please submit application submittals to the Planning Division via email at planning@newarkca.gov or by visiting the Planning Counter at City Hall during regular business hours (Monday through Thursday and every other Friday, 8:00am to 2:00pm).

    Planning Application. Application for all planning permits.

    Disclosure of Architectural Drawings Agreement. Required for all planning applications.

    Pre-Application Review. Newark Municipal Code Section 17.31.030 provides an optional review process for large or complex projects. Pre-application review is not subject to the requirements of the California Streamlining Act and recommendations are advisory.

    Preliminary Plan Review. The Preliminary Plan Review is an optional, early technical review process intended for larger or more complex projects. Applicants may submit conceptual plans for review by City departments that typically review planning applications prior to submitting a formal application. Coordinated, written feedback will be provided to identify key issues, applicable regulations, and potential constraints. This process helps applicants refine proposals and improve application readiness. An application fee is required. Preliminary Plan Review is advisory and not subject to the California Streamlining Act.

    SB 330 Application Checklist

    SB 330 Application Form

  • The City of Newark issues all building permits electronically via eTRAKiT. All residential building applications require plans. Applicants are encouraged to carefully review all instructions prior to submitting a Building permit application.

    Building Inspection Division. Start here to review Building Permit requirements.

    Applying for A Permit Requiring Plans. Carefully review all instructions before submitting an application. Scroll to the bottom of this page to review Plans and Documents Requirements and to upload required documentation.

    Building Permit Requirements Brochure.

    Single Family and Multifamily Dwelling Plan Submittal Checklist.

    Building Permit Frequently Asked Questions.

    Building Permit Application.

    eTRAKiT Permit Portal.

  • The City of Newark assesses fees to cover the cost of City review of Planning and Building applications, to mitigate the impact of new development, and others for public benefit.

    Fees for Common Planning Applications

    Community Development Impact Fees

    Master Fee Schedule

    Newark Unified School District (NUSD) collects school impact fees on new residential construction. Review NUSD’s website for further information.

  • Form Reimbursement Agreement

    Form Affordable Housing Agreement (coming soon)

    Form Affordable Housing Satisfaction Agreement (coming soon)

    Form Affordable Housing Regulatory Agreement (coming soon)

  • The City of Newark collects funds for affordable housing related uses in accordance with NMC Chapters 17.18 and 17.27.