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Planning commission studies 'missing middle' housing pathways as staff proposes a "Newark way"
Summary
City staff outlined two options for enabling "missing middle" housing — align closely with state laws or craft a local alternative — and described how ADU rules, SB 9 lot splits and the Starter Home Revitalization Act could change how duplexes, four‑plexes and small houses are built in Newark.
City planners presented a study session on "missing middle" housing that reviewed state law pathways and local implementation options. The presentation described typical forms — duplexes, townhome‑style units and larger houses containing multiple units — and staff said Newark has an estimated 150 small multi‑unit buildings concentrated around Old Town.
"We've estimated that there are about a 150 smaller multi unit buildings in Newark," the presenter said, citing a city map that uses color codes to show building age and unit counts. Staff noted much of the city's residential land is zoned for single‑unit homes (a figure quoted in the session of roughly 76 percent), which limits where missing‑middle forms can be built.
Staff outlined two approaches for the planning commission to consider. Option 1 would develop a local "Newark way" that builds on state statutes but tailors design and incentives to local goals; Option 2 would adopt ordinances consistently with state law and the housing element to meet statutory obligations. Staff said the two options are not mutually exclusive and recommended considering both.
The presentation summarized three state‑level pathways: ADU law (including AB 10 33, which permits separate conveyances of accessory dwelling units), SB 9 urban lot splits, and the Starter Home Revitalization Act (referred to in the session as SB 11 23). Staff explained basic parameters — ministerial review, typical setbacks and size minima — and gave examples, including a San Jose ADU sale used as a model for separate conveyance.
Commissioners focused on practical constraints: financing feasibility for smaller developers or homeowners, parking and fire‑access rules tied to setbacks, and concerns about state law enabling unexpected redevelopment in established single‑family neighborhoods. Staff acknowledged some items (setbacks tied to fire separation, lender legibility) require further technical research and promised to return with more analysis before a fall public hearing.
