Newark staff outlines ADU push, tenant-protection package and inclusionary-housing options

City planning staff on Sept. 23 updated the Newark Planning Commission on steps to implement the city—s 2023—2031 housing element, saying an updated accessory dwelling unit (ADU) ordinance will be brought to the commission for public hearing Oct. 28 and a package of tenant-protection ordinances will be recommended directly to City Council later this fall.

The presentations were delivered by Michael Colum, housing policy and programs manager, and Joseph Balabak, associate planner, from the Community Development Department. "An ADU is accessory to a primary dwelling, and it has complete independent living facilities for 1 or more persons," Balabak said, describing ADU types, state law changes and local production trends.

Staff said the housing element programs (for example, H2.7, H4.1 and H5.3) set quantified objectives the city must show progress on to remain in compliance with the State Department of Housing and Community Development (HCD). The city adopted Newark—s 2023—2031 housing element in October 2023; HCD found it compliant in December 2023, staff said.

Why it matters: HCD will monitor progress beginning in July, and failing to demonstrate "good faith" implementation can prompt state directives to add programs or, at the extreme, affect compliance. Staff framed the work as three priorities: build more housing faster, reduce construction costs, and prevent displacement.

ADUs. Staff reported local ADU permit activity and described an ordinance update and incentive package to align Newark with recent state ADU reforms. The city issued 9 ADU building permits in 2023, 29 in 2024 and 27 so far in 2025, staff said. The housing element sets a goal of 160 constructed ADUs during the 2023—2031 cycle; staff reported 39 ADUs constructed since 2023.

Staff said state laws discussed in the presentation (as cited by staff) include SB 1211 (cited in the meeting as "SB 12 11"), SB 897 (cited as "SB 8 97") and AB 345 (cited as "AB 3 45"), which affect how many ADUs are allowed on multifamily lots, height allowances and deed-restriction rules for affordable ADUs developed by nonprofits. The draft ADU ordinance and incentive package are expected at the Oct. 28 Planning Commission meeting.

Other ADU supports described include the Alameda County ADU Resource Center (adu.acgov.org) and a city preapproved ADU program under AB 1332 (cited in the meeting as "AB 13 32") that provides ready-made plans to speed permitting.

Tenant protections / anti-displacement proposals. Staff said they will recommend a multi-part package of anti-displacement measures to City Council rather than advancing those changes through the Planning Commission. The recommended package will include codifying parts of AB 1482 (the statewide tenant protections act cited in the presentation), relocation-assistance requirements for certain no-fault or just-cause terminations, an emergency rental assistance program (ERAP), a rent-review and mediation program and an anti-harassment ordinance.

On AB 1482, staff said Newark plans to adopt city code provisions that replicate the law's just-cause and relocation-assistance components so those protections would remain in place locally if the state law sunsets in 2029. Staff said the city aims to help roughly 15 low-income renter households stay housed each year through the programs discussed.

Staff described ERAP as one-time grants of a few thousand dollars to prevent eviction and homelessness, and said the city would contract with a service provider to design and administer the program. The proposed rent-review and mediation program would allow tenants to request a third-party review if a landlord proposes a rent increase greater than 5% in a 12-month period and to request mediation; the mediator—s outcome would be nonbinding if both parties participate, and a landlord—s refusal to mediate would render the increase invalid, staff said.

Inclusionary housing and financing. For housing production, the housing element includes program H5.2, which sets a quantified objective to support financing for 778 new homes during the housing element cycle using tools such as housing impact fees and inclusionary requirements. Staff described Council direction to prioritize on-site construction of affordable units while retaining fee-in-lieu or other alternatives where on-site requirements would make a project infeasible.

Staff said the city contracted Community Planning Collaborative and Century Urban to model the financial feasibility of different inclusionary percentages and that the final study and staff recommendations will be presented to the commission and then to Council in coming meetings.

Timber Senior Housing. Staff announced Timber Senior Housing at 37660 Timber Street is accepting applications. Timber is a 79-unit affordable senior community with 40 units set aside for people exiting or at risk of homelessness or for households with county housing vouchers; the county will fill those 40 units, staff said. The remaining 39 units (staff said 38 in the presentation) will use a live-or-work local preference: applicants who live or work in Newark will be prioritized in the lottery by ranking. Applications were due Friday, Sept. 25, and staff reported approximately 600 applications earlier in the application period; the developer reopened and extended the period.

Next steps. Staff said the Planning Commission can expect a public hearing Oct. 28 on amendments to Newark Municipal Code 17.26.040 (ADU-related edits) and 17.18 (affordable housing program). Ordinances implementing the tenant-protection package (H4.1, H4.3 and H4.6 and related new programs) are planned for City Council consideration later this fall or winter.

Commissioners asked clarifying questions about timelines, the Timber Senior Housing lottery and prioritization, the nonbinding nature of mediation, how inclusionary requirements may be revisited, and promotion of ADU resources on city social media. There were no public speakers on the item.

Votes at a glance. At the start of the meeting the commission voted 5-0 to approve the minutes of the regular Planning Commission meeting of Aug. 12, 2025. Motion by Commissioner Becker; second by Commissioner Aguilar.