Agenda packet — Oakley City Council, February 8, 2022

AGENDA

REGULAR JOINT MEETING OF THE OAKLEY CITY COUNCIL/OAKLEY CITY

COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE OAKLEY

REDEVELOPMENT AGENCY/ OAKLEY PUBLIC FINANCING AUTHORITY Tuesday, February 08, 2022
6:30 PM
Oakley City Council Chambers located at 3231 Main Street, Oakley, California 94561 Per the Health Officer of the County of Contra Costa, ORDER NO. HO-COVID19-51 dated August 2, 2021, mandates the wearing of face coverings in indoor public setting by all persons.

We highly recommend all visitors do a self-administered temperature check before entering the Council Chambers. A touchless temperature kiosk is located in the City Hall Administrative Lobby for visitor use.

MISSION STATEMENT: The City of Oakley exists to build and enhance a quality community and to serve the public in a friendly, efficient, responsive manner.

VISION STATEMENT: The City of Oakley will be recognized as a model of civic participation and a vibrant Delta community where families live, work, play, shop and visit.

Agendas are posted in Oakley at Oakley City Hall-3231 Main Street, outside the gym at Delta Vista Middle School-4901 Frank Hengel Way and outside the Library at Freedom High School-1050 Neroly Road; agendas are also posted on the City’s Internet Website www.ci.oakley.ca.us.

A complete packet of information containing staff reports and exhibits related to each item is available for public review prior to an Oakley City Council and/or City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority meeting at Oakley City Hall, 3231 Main Street, Oakley, CA 94561. Any writings or documents provided to a majority of the Oakley City Council, Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency or Oakley Public Financing Authority regarding any item on this agenda will be made available for public inspection, during regular business hours, at the front counter in the Main Lobby of the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561.

Agendas may be picked up at the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561 for no charge. To request information regarding placement on the City’s agenda e-mail distribution list, please contact us at (925) 625-7000.

We provide social media options to stay connected to City Hall through Facebook, Twitter, Next Door and 1 Instagram. Other opportunities to connect with City Hall include Engage In Oakley, Oakley OnDemand on the city's website; and by emailing [email protected]. Constant Contacts. Please contact us at (925) 625-7000 for additional information or at www.oakleyinfo.com.

If you have a physically challenging condition and require special accommodations, please call the City Clerk’s office at (925) 625-7013.

Please keep cell phones/electronic devices turned off during the meeting. Please be advised that City Council meetings are video recorded and attendees may appear on video.

Members of the public may address the Council on items of interest that are within the City’s jurisdiction.

Public comment on items not listed on the agenda will be heard under the Public Comments section of the agenda. In compliance with State law, the Council may not take action on an item that is not specifically listed on the agenda. If you would like to speak on any agenda item, please fill out a blue speaker card available in the lobby and submit it to the City Clerk prior to the agenda item being called. The Mayor will call you by name to the podium to hear your comments and you have up to 3 minutes to speak.

1.OPENING MATTERS
Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority

1.1 Call to Order and Roll Call of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority

1.2 Pledge of Allegiance to the Flag

2.PUBLIC COMMENTS
At this time, the public is permitted to address the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority on non-agendized items. PUBLIC COMMENTS ARE LIMITED TO THREE (3) MINUTES. In accordance with State Law, however, no action or discussion may take place on any item not appearing on the posted agenda. Information provided on Speaker Request Forms, including email addresses, are public record.

3.CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for approval by the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority with one single action. Members of the audience, Staff or the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor remove the item. Members of the public should submit any Speaker Cards related to the Consent Calendar in advance of the Consent Calendar being considered.
2 3.1 Approve Minutes from the Special Oakley City Council Meeting held January 25, 2022 (Libby Vreonis, City Clerk)
Minutes 01-25-22 Sp

3.2 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney) Memo

3.3 City of Oakley Quarterly Investment Report (2nd Quarter FY 2021/22) (Tim Przybyla, Finance Director)
Staff Report

1. City of Oakley Investment Report for the quarter ended December 31, 2021

3.4 City of Oakley as Successor Agency to the Oakley Redevelopment Agency – Quarterly Investment Report (2nd Quarter FY 2021/22) (Tim Przybyla, Finance Director)
Staff Report

1. City of Oakley as Successor Agency to the Redevelopment Agency Investment Report for the quarter ended December 31, 2021

4.PUBLIC HEARINGS

4.1 Wendy's Drive-Through Conditional Use Permit (CUP 02-21) and Design Review (DR 05-21) (Ariana Ruiz, Planning Technician)
Suggested Action: Staff Recommendation: 1) Receive the Staff Report, 2) Receive Questions from the City Council, 3) Open the Public Hearing, 4) Receive Comments from the Applicant, 5) Receive Public Testimony, 6) Close the Public Hearing, 7) Deliberate, 8) Summarize the Deliberation 9) Adopt the Resolution Staff Report

1. Vicinity Map

2. Public Hearing Notice

3. Applicant's Plans

4. Traffic Memo

5. Draft Resolution

4.2 CR-A (Commercial Recreation-Aquatic) District Zoning Text Amendment (RZ 02-21) Project (Ken Strelo, Planning Manager with Cindy Gnos, Senior Vice President, Raney Planning & Management, Inc)
Suggested Action: Staff Recommendation: 1) Receive the Staff Report, 2) Receive Questions from the City Council, 3) Open the Public Hearing, 4) Receive Comments from the Applicant, 5) Receive Public Testimony, 6) Close the Public Hearing, 7) Deliberate, 8) Summarize the Deliberation 9) Adopt the Project's Initial Study/Negative 3 Declaration 10) Waive the First Reading and Introduce the Proposed Ordinance Staff Report

1. Map of CR-A District Areas

2. Notice of Public Hearing

3. Applicant's Justification for Zoning Text Amendment

4. Zoning Text Amendment with Proposed New Text Double Underlined and Proposed Deleted Text Struck Through

5. Proposed Ordinance

5.REGULAR CALENDAR

5.1 Adopt a Resolution Appointing Conan Moats to the Planning Commission to Serve a 2-year term and Changing the Term for Planning Commissioner Shannon Shaw from 2-years to 4-years (Joshua McMurray, City Manager) Staff Report

1. January 25, 2022 Staff Report

2. Draft Resolution

5.2 Proclamation Policy (Joshua McMurray, City Manager) Staff Report

1. Summary Table of Contra Costa cities

6.REPORTS

6.1 CITY MANAGER
(a) City Manager
(b) Hybrid Meeting Discussion Follow-Up
(c) City Park Policy Discussion

6.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE

SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY
(a) Reports from Council Liaisons to Regional Committees, Commissions and Boards AND Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency
(b) Requests for Future Agendas

7.WORK SESSIONS

8.CLOSED SESSION
4 8.1 CONFERENCE WITH LEGAL COUNSEL-INITIATION OF LITIGATION Pursuant to Government Code Section 54956.9(b)
Two potential cases.

8.2 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
City of Oakley v. Scelsi, et al.

Contra Costa Superior Court Case No. MSN16-1620

9.ADJOURN
5 Minutes of the Special Meeting of the Oakley City Council held
January 25, 2022

1.Call to Order and Roll Call
Mayor Randy Pope called the meeting to order at 5:31 p.m. in the Oakley City Council Chamber located at 3231 Main Street, Oakley, California. Councilmembers Anissa Williams, George Fuller and Sue Higgins were in attendance. Mayor Pope announced Mayor Aaron Meadows would be joining (Closed Session) via teleconference.

2.Pledge of Allegiance to the Flag
Mayor Pope led the Pledge of Allegiance.

3.Public Comments
No public comments were submitted.

4.Closed Session

4.1 CONFERENCE WITH LABOR NEGOTIATORS-Labor Negotiations with the Oakley Police Officers Association
Pursuant to Government Code Section 54957.6(a)
City Designated Representatives: Jack Hughes, Legal Counsel, Liebert Cassidy Whitmore
Represented Employees: Employees Covered by the Police Officers Association
Mayor Pope announced the closed session item.

The City Council conducted the discussion in the Council antechamber.

5.Adjourn
There being no further business, the meeting was adjourned at 6:35 p.m.

Respectfully Submitted,
Libby Vreonis
City Clerk
6 Date: January 26, 2022
To: Mayor and Members of City Council
From: Derek P. Cole, City Attorney
Cc: Joshua McMurray, City Manager
Subject: Closed Session Report-Out Memo
FOR CONSIDERATION AT THE CITY COUNCIL MEETING OF FEBRUARY 8, 2022 Background and Analysis
The City Council considered the following closed session item during its special meeting held January 25, 2022:

CONFERENCE WITH LABOR NEGOTIATORS-Labor Negotiations with the Oakley Police Officers Association
Pursuant to Government Code Section 54957.6(a)
City Designated Representative: Jack Hughes, Legal Counsel, Liebert Cassidy Whitmore Represented Employees: Employees Covered by the Police Officers Association Direction was provided to staff. There was no reportable action.

Fiscal Impact
None.

Recommendation
Receive and file this report.

Attachments
None.

MEMORANDUM
Office of the City Attorney
7 STAFF REPORT
Approved and Forwarded to the City Council
DATE: February 8, 2022
TO: Joshua McMurray, Interim City Manager
FROM: Tim Przybyla, Finance Director
SUBJECT: City of Oakley Quarterly Investment Report (2nd Quarter FY 2021/22)
Background and Analysis
California law and the City’s Investment Policy require the City’s fiscal officer to submit a quarterly investment report to the City Council at the end of each quarter. The report should contain information on all securities held, and include a statement denoting the ability of the local agency to meet its expenditure requirements for the next six months.

Fiscal Impact
City resources are organized and accounted for on a fund basis with some of those funds being restricted for specified uses and others that are unrestricted. For investment purposes, however, the funds are invested as a pool. The Investment Report for the Period Ending December 31, 2021 attached shows a combined pool balance of $82,279,146.96. In addition, the pool had combined 2nd Quarter accrued interest earnings of $30,199.01. Interest for the period continues to reflect the lower rates currently being offered on safe, short-term investments.

The City is in compliance with the adopted investment policy and able to meet its expenditure requirements for the next six months.

Staff Recommendation
Staff recommends the City Council accept the investment report for the 2nd Quarter of Fiscal Year 2021/22.

Attachments
City of Oakley Investment Report for the quarter ended December 31, 2021. 8 9
10 11
12 13
14 15
16 17
18 19

STAFF REPORT
Approved and Forwarded to the City Council
DATE: February 8, 2022
TO: Joshua McMurray, Interim City Manager
FROM: Tim Przybyla, Finance Director
SUBJECT: City of Oakley as Successor Agency to the Oakley Redevelopment Agency – Quarterly Investment Report (2nd Quarter FY 2021/22) Background and Analysis
California law and the City’s Investment Policy require the Agency’s fiscal officer to submit a quarterly investment report to the Agency’s governing board. The report should contain information on all securities held, and include a statement denoting the ability of the local agency to meet its expenditure requirements for the next six months.

Fiscal Impact
The Investment Report for the Period Ending September 30, 2021 attached shows a balance of $24,630.38 in cash for operations. To increase annual cash flow savings of refunding bonds, cash reserves were applied to bond insurance with Build America Mutual (BAM). The Reserve Requirements are satisfied in face amounts of $571,000 for 2015 Bonds and $1,827,318.76 for 2018 Bonds.

The Agency is in compliance with the City’s annually adopted investment policy. The tax revenues distributed to the Agency is sufficient to make the Agency’s enforceable obligation payments as approved by the Department of Finance.

Staff Recommendation
Staff recommends the City Council, as the Board of the Successor Agency, accept the investment report for the 2nd Quarter of Fiscal Year 2021/22.

Attachments
City of Oakley as Successor Agency to the Redevelopment Agency Investment Report for the quarter ended December 31, 2021.
20 21
22 23

STAFF REPORT
Approved and Forwarded to the City
DATE: February 08, 2022
TO: Joshua McMurray, City Manager
FROM: Ariana Ruiz, Planning Technician
SUBJECT: Wendy’s Drive-Through Quick Serve Restaurant Conditional Use Permit (CUP 02-21) and Design Review (DR 05-21) – Request for approval to construct and operate a 2,331 square-foot quick serve restaurant with dine-in and drive-through service; APN 037-040-021.

Summary
This is an application by Ken Price on behalf of Weaver Consultants Group (“Applicant”) requesting Design Review (DR 05-21) approval for a new 2,331 square-foot restaurant.

The project includes dine in and drive-through service with associated site improvements allocated on an approximately 0.76-acre parcel. The applicant also requests approval of a Conditional Use Permit (CUP 2-21) to operate the drive-through service (“Project”). The project site is located approximately 295 feet east of the northeast intersection of Bridgehead Road and Main Street. The site is zoned C (General Commercial) District. APN: 037-040-021.

Staff Recommendation
Staff recommends the City Council approve the project titled, “Wendy’s Restaurant Drive-Through Quick Serve Conditional Use Permit (CUP 02-21) and Design Review (DR 05-21),” as conditioned.

Fiscal Impact
This is a developer funded account. All Staff time and City of Oakley generated material related to the processing of this application, including reproduction of physical copies and postage for public hearing notices are charged to the account.

Background
General Plan and Zoning
 The General Plan Land Use Designation for the project site is Commercial, as depicted in the Oakley 2020 General Plan Figure 2-2 (Land Use Diagram).  The project site is zoned General Commercial (C) District. 24 Subject: Wendy’s Restaurant Drive-Through Quick Serve Conditional Use Permit (CUP 02-21) and Design Review (DR 05-21)
Date: February 8, 2022

Page 2 of 8 ends

Existing Conditions and Surrounding Land Uses
The approximately 0.76-acre project site is located on the north side of Main Street, approximately 295 feet east of the Main Street and Bridgehead Road intersection. The site is currently undeveloped.

The project site is located on a main
City arterial, Main Street, and is
bounded by existing commercial
uses to the west and east of the
project site. There is an existing
ARCO gas station to the west of the
project site and a drive-through
coffee shop located to the east of
the project site. The property
located to the north is currently
vacant. All properties in the
immediate vicinity are designated
and zoned for commercial land
uses. Adjacent from the project site,
located south of Main Street, is a
legal non-conforming mobile home
park. Figure 1 (left) shows an aerial view of the site from the Contra Costa County GIS website (https://ccmap.cccounty.us).

Project Description
Background
In August of 1998, an application was submitted for a minor subdivision (MS 16-98) to the Contra Costa County Community Development Department. The site is known as “The Lodge" property located approximately 250 feet east of the intersection of Main Street and Bridgehead Road. The parcel map was recorded in 2002, with a total of four (4) parcels now consisting of one fully developed parcel, and three vacant parcels.

Through the history of the site there have been multiple easements recorded to the property. These easements allow patrons to gain access to the site from multiple directions including off Main Street and Bridgehead Road, and the adjacent site to the east.

Conditional Use Permit
Per the Oakley Municipal Code (OMC), a Conditional Use Permit (CUP) is required to establish a land use within a land district that does not allow establishment by right but does allow the granting of a land use permit after a public hearing. Within the C District, a CUP is required when “Drive-through Restaurant and Services” are proposed. This Figure 1. Aerial of Project Site
25 Subject: Wendy’s Restaurant Drive-Through Quick Serve Conditional Use Permit (CUP 02-21) and Design Review (DR 05-21)
Date: February 8, 2022

Page 3 of 8 ends

application requests to operate a drive-through component in association with the proposed restaurant. The restaurant component is permitted by right and not subject to any discretion.

Traffic and On-Site Circulation
The City of Oakley requires a Traffic Impact Analysis is performed for projects that generate more than 100 vehicle trips during either the weekday morning or evening peak hours. However, a Traffic Memo was requested to evaluate the potential traffic congestion created by the new restaurant and drive-through and existing Dutch Bros drive-through. More detailed analysis of the conducted Traffic Memo has been provided in the Analysis.

Design Review
Per the OMC, Design Review shall be required in any residential, commercial, industrial, or public and semi-public zoning district for any permitted or conditionally permitted establishment of use on a property that is not already developed with full frontage improvements and on-site improvements. The Design Review process also allows for the review and analysis of the proposed project’s design, including the site plans, architectural elevations, conceptual landscape plans, and other physical development for all lots within the zoning district.

Site Plan
The project includes a 2,331 square-foot restaurant with a drive-through, trash enclosure, a parking lot with drive aisles and parking spaces, pavement striping, landscaping, lighting, and pedestrian walkways. There are two (2) driveways on each side of the site that enter from Main Street and one (1) driveway from Bridgehead Road.

Proposed Architecture
The 2,331 square-foot, one-story restaurant building is proposed at a total height of approximately twenty-two (22) feet. The building uses various heights and building articulation to provide high quality building exterior and reduce the appearance of the building’s mass. The proposed architecture also uses a combination of various textures and materials to compliment the building. The main body uses a finishing of three primary colors, as noted in Figure 2. The applicant has also proposed to install stone veneer along portions of the base of the building. The flat roof includes a parapet that will screen the mechanical equipment. A metal fascia band comprises of the roof cap treatment. Metal canopies are proposed over the entryway, windows, and drive-through window to add architectural features to the building. Figure 2 shows a color rendering of the north (faces interior parking lot) and south (alongside main drive-through aisle and facing Main Street) elevations.
26 Subject: Wendy’s Restaurant Drive-Through Quick Serve Conditional Use Permit (CUP 02-21) and Design Review (DR 05-21)
Date: February 8, 2022

Page 4 of 8 ends

The trash enclosure is located within the parking lot and will be fully screened with a sixfoot (6’) decorative concrete masonry unit (CMU) wall. The split-face CMU color will match the architecture seen throughout the primary building. The enclosure will be covered with a galvanized corrugated roof, colors to be consistent with the architecture.

Figure 2. Color Rendering of West and North Elevations
Signage
Signage has been proposed as a part of the design review. Per the definitions listed within OMC’s Regulations of Signs and Outdoor Advertising, the project is permitted both primary and secondary signs. Based on the project site’s location and configuration, it has been determined there will be two (2) primary and two (2) secondary signs. The primary signs will include the restaurant’s full name and the secondary signs will include the restaurant’s logo.

The application also consists of a request to install a freestanding monument sign with a total height of eight (8) feet. The sign will incorporate the business name and logo. The proposed base of the sign is noted as faux stone masonry to match the existing architecture of the commercial building.
27 Subject: Wendy’s Restaurant Drive-Through Quick Serve Conditional Use Permit (CUP 02-21) and Design Review (DR 05-21)
Date: February 8, 2022

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Landscaping
As noted within the DR requirements landscaping is required as a part of this project.

The OMC requires landscaping is installed adjacent to the public ROW and within the parking lot. The applicant is proposing landscaping throughout the entire development.

The southern portion of the site will be fully landscaped creating a buffer between the drive-through aisle and the public right-of-way. Proposed landscaping includes the installation of Coast Live Oak, White Crepe Myrtle, and Emerald Green Arborvitae trees, as well as drought-tolerant shrubs, and grass. Proposed landscaping and irrigation will comply with the Landscape Water Efficient Ordinance set forth within the OMC as shown within the proposed landscape plans (Attachment 3).

Environmental Review
The project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332 (Class 32 – Infill Development Projects).

Analysis
Conditional Use Permit
The proposed use is defined as “Drive-through Restaurant and Services”, which is allowed in the C District with the approval of a (CUP). The purpose of a CUP is to allow for uses that are not allowed by right, and to ensure that the proposed land use is compatible with the surrounding land uses in the neighborhood. CUPs are governed by section

9.1.1602 Variance and Conditional Use Permits of the Oakley Municipal Code. CUP’s may be granted when it can be shown the project shall comply with the following:

1. That the site for the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by this title to adapt the use with land and uses in the neighborhood;

2. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;

4. That the proposed use provides for the continued growth and orderly development of the community and is consistent with the various elements and objectives of the general plan; and

5. That the proposed use, including any conditions attached thereto, will be established in compliance with the applicable provisions of the California Environmental Quality Act.
28 Subject: Wendy’s Restaurant Drive-Through Quick Serve Conditional Use Permit (CUP 02-21) and Design Review (DR 05-21)
Date: February 8, 2022

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Traffic Memo
Per the study conducted by traffic consultants, Fehr & Peers, this restaurant is estimated to generate 49 new vehicles trips during the morning hours and 38 vehicle trips during the evening hours. During the peak hours in the morning and evening, the queue is not expected to exceed approximately eight (8) cars during these times.

The study also evaluated nearby traffic generated due to the coffee shop and drivethrough adjacent to the site, to mitigate potential traffic issues. The below image notes Fehr & Peers observations conducted during peak hours in August and November of 2021.

Although there is no directional signage or striping for the Dutch Bro’s queue and parking lot, the vehicles were observed to enter through the northern portion of the site and line up along the drive aisle to Bridgehead Road. The queue provided by the applicant is a two-lane queue, with the potential to hold twenty-four (24) vehicles at one time. The study ultimately concluded the drive-through queue for the proposed project is sufficient as spill-back of the site is not anticipated.

Staff’s analysis finds that the proposed “Drive-through Restaurant and Services” use, as proposed and conditioned is found to be consistent with the required findings as found in 29 Subject: Wendy’s Restaurant Drive-Through Quick Serve Conditional Use Permit (CUP 02-21) and Design Review (DR 05-21)
Date: February 8, 2022

Page 7 of 8 ends

OMC Section 9.1.1602(f). Complete findings are found in the attached Proposed Resolution.

Design Review
Design Review are governed by section 9.1.1604 Design Review of the Oakley Municipal Code. A Design Review application may be granted when the following standards have been met:
a) Site planning, including building siting (location), setback and orientation; entries, circulation, and parking; landscape setbacks and buffers; and location of trash, loading and service areas, and mechanical equipment. b) Architecture, including massing and grouping; facades, entries, and roofs; materials and colors; and screening of trash, loading and service areas, and mechanical equipment.
c) Landscaping and site elements, including general landscape areas; entry and plaza enhancements; parking lot landscaping; walls and fences; and lighting.
d) Streetscapes, including major community entries; highlighted intersections; and district entries.

The proposed plans were also analyzed for consistency with the applicable development regulations in the Oakley Municipal Code and adopted City of Oakley Commercial and Industrial Guidelines (“Guidelines”).

Circulation/ Parking Requirements
The project site can be accessed by two existing driveways off of Main Street and one existing driveway off of Bridgehead Road. Vehicular access to both the drive-through and parking lot would take place along the northern side of the site. The drive-through allows vehicular access to the drive-through window on the east side of the building.

The drive aisle to the drive-through has a minimum width of 23 feet allowing the site to facilitate two drive-through lanes around the building. The site plan is included within Attachment 3.

Per the OMC 9.1.1402 Off-Street parking; the number of required parking spaces for eating and drinking establishments as related to the primary use shall be 1 per 150 square-feet of net public area. The proposed building has a net public area of 990 square-feet- requiring a total of fifteen (15) parking stalls. The applicant has proposed a total of 19 parking stalls, including one (1) ADA parking stall and two (2) oversized parking stalls. These parking stalls are approximately fifteen (15) by forty-two (42) feet and can accommodate semitrailers. All other requirements pertaining to OMC 9.1.1402 have been satisfied.
30 Subject: Wendy’s Restaurant Drive-Through Quick Serve Conditional Use Permit (CUP 02-21) and Design Review (DR 05-21)
Date: February 8, 2022

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Pedestrian
A walkway has been proposed to take access off Main Street and continue along the east side of the building. The walkway leads to the entry of the restaurant, with appropriate signage to enhance pedestrian safety. The on-site pedestrian walkway will provide adequate lighting to enhance pedestrian safety and allow its use at night.

Building Design
This section analyzes the proposed building’s compliance with applicable development regulations and design guidelines. The proposed rectangular building is 21.8 feet tall at the highest point of the parapet. OMC allows buildings up to 35 feet tall in the C District; therefore, the proposed height complies with the municipal code. Maximum site coverage and floor area ratio1 (FAR) for the C District are 40% and 1.0, respectively.

The building occupies approximately 7% of the site and since it is a single-story building, results in a FAR of approximately .07. The proposed site coverage and FAR, even with the trash enclosure, are well below the maximum allowances, and comply with the municipal code.

Findings
Draft findings for the Conditional Use Permit and Design Review can be found in the proposed resolution.

Staff Recommendation
Staff recommends the City Council approve the project titled, “Wendy’s Drive-Through Quick Serve Restaurant Conditional Use Permit (CUP 02-21) and Design Review (DR 05-21),” as conditioned.

Attachments

1. Vicinity Map

2. Public Hearing Notice

3. Applicant’s Plans

4. Traffic Memo

5. Draft Resolution

1 Floor area ratio is the ratio of floor area (not just building coverage) of a building or buildings to the site they occupy.
31 Vicinity Map
Wendy’s Drive-Through Restaurant Conditional Use Permit (CUP 02-21) and Design Review (DR 05-21) APN: 035-282-048 32 City of Oakley
3231 Main Street
Oakley, CA 94561
www.oakleyinfo.com

Project Name: Wendy’s Restaurant Conditional Use Permit (CUP 02-21) and Design Review (DR 05-21).

Project Location: Northeast corner of the intersection of Bridgehead Road and Main Street, Oakley, CA 94561. APN: 037-040-021.

Applicant: Ken Price, 1316 Bond Street, Suite 108, Naperville, IL 60563.

Request: This is a public hearing on an application by Ken Price on behalf of the Weaver Consultant Group (“Applicant”) requesting Design Review (DR 05-21) approval to construct a new 2,331 square foot restaurant. The project includes dine in and drive-through service with associated site improvements located on an approximately 0.76-acre parcel. The applicant is also requesting approval of Conditional Use Permit (CUP 02-21) to operate the drive-through service.

The project site is located approximately 295 feet northeast from the intersection of Bridgehead Road and Main Street. The site is zoned C (General Commercial) District. APN: 037-040-021.

How to Review: The Staff Report and its attachments will be available for public review, on or before February 3, 2022 at City Hall, 3231 Main Street, Oakley, CA 94561 or online at www.ci.oakley.ca.us/agendas-minutes-videos-archive/ by navigating to the February 8, 2022 agenda. (Note: City Hall is closed on the 1st and 3rd Fridays of each month). Interested persons are invited to submit written comments prior to 5:00 P.M. the day of, and may testify at, the public hearing. Written comments may be submitted to Ariana Ruiz, Planning Technician at the City of Oakley, 3231 Main Street, Oakley, CA 94561 or by email to [email protected].

NOTICE IS ALSO GIVEN pursuant to Government Code Section 65009(b) that, if this matter is subsequently challenged in Court by you or others, you may be limited to raising only those issues you or someone else has raised at a Public Hearing described in this notice or in written correspondence delivered to the City of Oakley City Clerk at, or prior to, the Public Hearing. 33 34
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100 Pringle Avenue | Suite 600 | Walnut Creek, CA 94596 | (925) 930-7100 | Fax (925) 933-7090 www.fehrandpeers.com
Memorandum
Date: December 7, 2021
To: Ken Price and Bill Perry, Weaver Consultants Group.

From: Bill Burton, PE
Subject: Wendy’s Oakley - Focused Traffic Analysis - DRAFT WC21-3825.00
Introduction
This memorandum presents the results of a focused traffic analysis prepared for the proposed development of a new Wendy’s restaurant on Main Street in Oakley, California. The restaurant is planned to be constructed fronting Main Street approximately 250 feet east of the existing signalized intersection of Main Street and Bridgehead Road. At this location it would be bordered by an existing Arco gas station to the west and a Dutch Brothers coffee facility to the east. All vehicular access to the site would be provided via existing driveways and curb cuts on Bridgehead Road and Main Street, as illustrated on Figure 1. The new restaurant would provide a two-lane drive through facility and an adjacent parking lot containing 17 parking spaces, one of which would be ADA compliant.

Our traffic analysis focuses on the project’s anticipated generation of vehicle trips in relationship to city standards, a review of the site’s proposed access and circulation, vehicle miles traveled, and an assessment of the potential impacts of adjacent queues at the Dutch Brothers coffee facility on the restaurant’s operations.

Trip Generation
Trip generation refers to the process of estimating how much vehicular traffic a project would add to the surrounding roadway system. Project trip generation estimates are typically prepared for the one-hour weekday morning and one-hour afternoon commute peak periods when traffic volumes on the adjacent streets are typically the highest. The Institute of Transportation Engineers’ (ITE) has published trip generation rates in their Trip Generation Manual,10th Edition publication. This manual is a national compilation of trip generation statistics for land-uses of various sizes and types.
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Our assessment of the project’s trip generation characteristics makes use of data compiled for the “Fast Food Restaurant with Drive Through (ITE Code 934)” land use. Rates from this reference were used to assess the total number of trips associated with the proposed project. Table 1 presents the results of the trip generation analysis performed for the proposed project.

Table 1: Weekday Project Vehicle Trip Generation Summary ITE
Code
Square
Footage
Land Use
AM Vehicle Trips PM Vehicle Trips
In Out Total In Out Total
934 2,331
Fast Food Restaurant
with Drive through 48 46 94 40 36 76
Pass By and DivertedLinked Trips 23 23 46 20 18 38
Total Net New Trips 25 23 48 20 18 38
Source: Fehr & Peers; Institute of Transportation Engineers, Trip Generation, 10th Edition, Institute of Transportation Engineers, Trip Generation Handbook, 3rd Edition Fast food restaurants generate different types of trips. Some are new trips whose primary purpose is to travel to and from the facility to dine. Other trips are intermediate stops made as part of another trip. These are characterized as either “pass-by” or “diverted linked” trips. Pass-by trips are stops made by vehicles traveling along Bridgehead Road or Main Street that decide to make an intermediate stop at the restaurant as part of another primary trip purpose. Diverted-linked trips are stops made at the restaurant by vehicles traveling within the greater roadway network that chose to divert their trip to the facility as part of another primary trip purpose. The number of pass-by and diverted-linked trips to the facility was estimated using statistics from the Institute of Transportation Engineers, Trip Generation Handbook, 3rd Edition. Table 1 summarizes the forecast number of total trips, pass-by/diverted-linked trips, and net new trips expected to be generated by the proposed project.

The proposed project is expected to generate approximately 48 net new vehicle trips during the morning peak hour and 38 during the evening peak hour. As the project would generate less than 100 trips during both the weekday morning and evening peak hours, a formal Transportation Impact Analysis (TIA) is not required. Both the City of Oakley and the Contra Costa Transportation Authority (CCTA) require a complete TIA to be performed for projects that generate more than 100 vehicle trips during either the weekday morning or evening peak hours. 54 Ken Price and Bill Perry
December 7, 2021

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Dutch Brothers Queuing
Concern has been expressed relative to the potential impact of vehicle queuing at the adjacent Dutch Brothers coffee facility on the operation of the proposed Wendy’s restaurant. Dutch Brothers becomes quite busy during certain periods of the day/week and extensive vehicle queuing can occur as patrons wait for coffee. Vehicle queues were observed at the facility for three weekdays during mid and late August 2021 and on a weekend in November 2021; the results of these queue observations are summarized in Table 2 and illustrated on Figure 2.

Weekday queues were observed in the morning from 7 to 9 AM, midday from 11 AM to 1 PM, and in the evening from 4 to 6 PM. Weekend queues were observed in the morning from 7 to 9 AM and midday from 11 AM to 1 PM.

Table 2: Dutch Brothers Queues
Day of Week Time of Day Average Queue Maximum
Queue
Weekday 7 to 9 AM 7.2 vehicles 12 vehicles
Weekday 11 AM to 1 PM 8.1 vehicles 12 vehicles
Weekday 4 to 6 PM 6.3 vehicles 10 vehicles
Weekend 7 to 9 AM 10.2 vehicles 16 vehicles
Weekend 11 AM to 1 PM 11.7 vehicles 20 vehicles
Source: Fehr & Peers, 2021
Queues at the Dutch Brothers facility were found to be extensive and fairly consistent throughout the weekdays observed. Average queues ranged from 6 to 12 vehicles with the maximum observed queues ranging from 10 to 20 vehicles. Queues larger than 20 vehicles may occur at times, but a queue of this length appears to discourage additional patrons from waiting to patronize the facility.

While no directional signage or striping appears to be present within the Dutch Brothers queue lanes and parking lot, vehicle queuing at the site was observed to be orderly. Vehicles consistently access the facility and queue in a line that winds along the northern portion of the site and parking lot. The extent and location of the queues are illustrated on Figure 2. During the hours 55 Ken Price and Bill Perry
December 7, 2021

Page 4 of 6 ends

observed all customers were observed to follow the prevailing queuing pattern and no patron was observed trying to “jump the line” or access the facility from another direction.

Wendy’s Drive Through Queuing
Based on the trip generation and arrival rates presented in Table 1 for the proposed project and typical fast-food drive through processing rates, average and 95th percentile queues were calculated for the proposed Wendy’s facility. Average peak hour queues are estimated to be approximately 4 vehicles in length with 95th percentile queues of approximately 8 vehicles. The proposed two-lane drive through facility has sufficient storage to accommodate 24 vehicles, therefore, queue spill-back out of the project site is not anticipated.

Table 3: Wendy’s Drive Through Queuing
Time of Day Average Queue 95th Percentile Queue Available Storage AM Peak Hour 4.1 vehicles 8.2 vehicles 24 vehicles
PM Peak Hour 3.6 vehicles 7.5 vehicles 24 vehicles
Source: Fehr & Peers, 2021
Vehicle Miles Traveled
On September 27, 2013, Senate Bill (SB) 743 was signed into law. The California state legislature found that with the adoption of the Sustainable Communities and Climate Protection Act of 2008 (SB 375), the State had signaled its commitment to encourage land use and transportation planning decisions and investments that reduce vehicle miles traveled and thereby contribute to the reduction of greenhouse gas emissions, as required by the California Global Warming Solutions Act of 2006 (Assembly Bill 32). In December 2018, the Governor’s Office of Planning and Research (OPR) finalized new CEQA guidelines (CEQA Guidelines section 15064.3), that identify vehicle-miles traveled (VMT) as the most appropriate criteria to evaluate a project’s transportation impacts.

The implementation of SB 743 eliminated the use of criteria such as auto delay, level of service, and similar measures of vehicle capacity of traffic congestion as the basis for determining significant impacts as part of CEQA compliance. The SB 743 VMT criteria promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses.
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In November 2017, OPR released a technical advisory containing recommendations regarding the assessment of VMT, proposed thresholds of significance, and potential mitigation measures for lead agencies to use while implementing the required changes contained in Senate Bill 743 (SB 743). Also in November 2017, OPR released the proposed text for Section 15064.3, “Determining the Significance of Transportation Impacts,” which summarized the criteria for analyzing transportation impacts for land use projects and transportation projects and directs lead agencies to “choose the most appropriate methodology to evaluate a project’s vehicle miles traveled, including whether to express the change in absolute terms, per capita, per household or in any other measure.” OPR recommends that for most instances a per service population threshold should be adopted and that a fifteen percent reduction below that of existing development would be a reasonable threshold.

As the City of Oakley has not yet formally adopted VMT criteria, standards, or thresholds at the time this report was prepared, this assessment follows the current OPR and CCTA guidance related to VMT.

Based on the guidance published by both CCTA and OPR, the project can be assumed to have a less than significant impact related to VMT. The project is a small local serving retail use. Projects that consist of local-serving retail uses can generally be presumed to have a less-than-significant impact absent substantial evidence to the contrary, since these types of projects will primarily draw users and customers from a relatively small geographic area that will lead to short-distance trips and trips that are linked to other destinations.

Site Circulation Review and Recommendations
The project’s proposed site plan is illustrated on Figure 1. Vehicular access to the project site is provided via two existing driveways on Main Street and one existing driveway on Bridgehead Road. Vehicular sight distance was reviewed at these three existing locations and found to be adequate with regards to city and engineering standards. Current speed limits on Main Street and Bridgehead Road are 45 miles per hour and 40 miles per hour, respectively. Assuming design speeds of 50 miles per hour on Main Street and 45 miles per hour on Bridgehead Road, stopping sight distances of 430 feet and 360 feet are required (Highway Design Manual, Caltrans, July 1, 2020, Table 201.1). Current sight distances at all project driveways exceeds these requirements.

Pedestrian access within and adjacent to the site was reviewed and found to be adequate. The project proposes a sidewalk along its eastern frontage connecting the existing sidewalk on Main Street with the restaurant entrance. The restaurant’s main pedestrian access is located on its north side, connected to the adjacent parking lot via a striped crosswalk of the bisecting internal connector. An ADA ramp is provided at the crosswalk’s connecting point to the restaurant’s entrance.

Vehicular access to the parking lot and two-lane drive through facility would be from the northern side of the site as illustrated on Figure 1. Sufficient vehicular storage (stacking) is provided within 57 Ken Price and Bill Perry
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the proposed drive through facility to accommodate the anticipated level of vehicular queuing associated with the trip generation presented in Table 1. Queues are not expected to block the intermediate east-west connector roadway that bisects the site.

The two-lane drive through exit does not align with either of the parking aisles on the opposite side of the east-west connector that bisects the site. This creates four closely spaced off-set unsignalized intersections. Closely spaced off-set intersections create the potential for turning movement conflicts. We recommend that you consider a parking lot redesign which better aligns the north-south roadways/parking aisles to eliminate these conflicts. If this is not physically possible, consider converting the middle parking lot aisle to one-way northbound and the eastern parking lot aisle to one-way southbound. A stop sign, “STOP” marking, and stop bar should be installed at the drive through exit intersection with the intermediate east-west bisecting connector. Figure 3 illustrates our site plan recommendations.

Queues associated with the adjacent Dutch Brothers establishment have the potential to block inbound vehicles attempting to access the Wendy’s restaurant from the east. To minimize this blockage “KEEP CLEAR” markings and a R10-7 (Do Not Block Intersection) sign are recommended at the location indicated on Figure 3. Vehicles exiting the Wendy’s site to the east also face the potential of delay as they work through a portion of the Dutch Brothers queue. This delay could be avoided by the vehicles departing the site in the westward direction which provides the same level of right-in/right-out only access on Main Street. In our opinion most vehicles will choose to avoid the queue and depart the site to the west. However, the installation of a sign at the exit of the drive through indicating “Main Street Turn Left” (“turn left” could be replaced with an arrow pointing left) should be considered.

Please call Bill at (925) 930-7100 with questions.
58 OAKLEY
Bridgehead Rd
Main St
Neroly Rd
Dutch Bros
Coee
ARCO
AM/PM
Conceptual Project Site Plan
Figure 1
WC21-3825_1_SitePlan 59
OAKLEY
Bridgehead Rd
Main St
Neroly Rd
Dutch Bros
Coee
ARCO
AM/PM
Maximum Observed Queue Lengths
Figure 2
WC21-3825_2_Queues
Weekday: 7-9 AM 11 AM to 1 PM 4-6PM
Weekend: 7-9 AM 11 AM to 1 PM
60 OAKLEY
Bridgehead Rd
Main St
Neroly Rd
Dutch Bros
Coee
ARCO
AM/PM
Install
“KEEP CLEAR”
markings
Install
“KEEP CLEAR”
markings
Install R10-7
“DO NOT BLOCK
INTERSECTION”
sign
Install R10-7
“DO NOT BLOCK
INTERSECTION”
sign
Install
“STOP”
markings
Install
“STOP”
markings
Install R1-1
“STOP” sign
Install R1-1
“STOP” sign
Signing and Striping Recommendations
Figure 3
WC21-3825_3_Signing_Striping_Recommenda 61
Resolution No. XX-22 Page 1 of 19 February 8, 2022
RESOLUTION NO. XX-22

A RESOLUTION OF THE CITY OF OAKLEY CITY COUNCIL MAKING FINDINGS AND APPROVING THE PROJECT KNOWN AS “WENDY’S DRIVE-THROUGH QUICK SERVE RESTAURANT CONDITIONAL USE PERMIT (CUP 02-21) AND DESIGN REVIEW (DR 05-21)” LOCATED ON THE NORTH SIDE OF MAIN STREET, APPROXIMATELY 295 FEET EAST OF BRDIGEHEAD ROAD AND MAIN STREET INTERSECTION (APN: 037-040-021)

FINDINGS
WHEREAS, on April 14, 2021, Ken Price of the Weaver Consultants Group (“Applicant”) filed an application requesting Design Review (DR 05-21) approval for a new 2,331 square-foot restaurant. The project includes dine in and drive-through service with associated site improvements allocated on an approximately 0.76-acre parcel. The applicant also requests approval of a Conditional Use Permit (CUP 2-21) to operate the drive-through service (“Project”). The project site is located approximately 295 feet east of the northeast intersection of Bridgehead Road and Main Street. The site is zoned C (General Commercial) District. APN: 037-040-021; and
WHEREAS, the Applicant’s Plans include site plan, grading plan, conceptual landscape plans, building elevations, storm water control plan, truck circulation plan, and water efficient landscape ordinance calculations; (“Plans”); and WHEREAS, on October 22, 2021 the project application was deemed complete per Government Code section 65920 et. seq; and
WHEREAS, the project site is designated Commercial (CO) in the Oakley 2020 General Plan Land Use Map, and zoned General Commercial (C) District; and WHEREAS, the proposed project is exempt from further environmental analysis under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15332, “Class 32 – In-Fill Development Projects; and
WHEREAS, on or before January 28, 2022, the Notice of Public Hearing for the project was posted at Oakley City Hall located at 3231 Main Street, outside the gym at Delta Vista Middle School located at 4901 Frank Hengel Way, outside the library at Freedom High School located at 1050 Neroly Road, and at the project site. The notice was also emailed/mailed out to all owners of property within a 500-foot radius of the project’s boundaries, interested agencies, and to parties requesting such notice; and WHEREAS, on February 8, 2022, the City Council opened the public hearing at which it received a report from City Staff, oral and written testimony from the public, and deliberated on the project. At the conclusion of its deliberations, the City Council took a vote and adopted this resolution to approve the project, as revised by the City Council during its deliberations; and
62 Resolution No. XX-22 Page 2 of 19 February 8, 2022
WHEREAS, if any term, provision, or portion of these Findings or the application of these Findings to a particular situation is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of these Findings, or their application to other actions related to the Project, shall continue in full force and effect unless amended or modified by the City; and

WHEREAS, these Findings are based on the City’s General Plan, the City’s Zoning Ordinance, the Oakley Commercial and Industrial Design Guidelines, the project plans, and the information submitted to the City Council at its February 8, 2022 meeting, both written and oral, including oral information provided by the Applicant, as reflected in the minutes of such meetings, together with the documents contained in the file for the Project (hereafter the “Record”).

NOW, THEREFORE, BE IT RESOLVED THAT, on the basis of the above findings of fact and the entire Record, the City Council makes the following additional findings in support of the approvals:

A. Regarding the application requesting approval of a Conditional Use Permit to operate a “Drive-through Restaurant and Services” (CUP 05-21), the City Council finds:

1. That the site for the proposed use is adequate in size and shape to accommodate the use in a manner complementary with the land and uses in the area in that the site is approximately 0.76-acres and the General Commercial (C) Zoning District allows for the proposed development with the approval of a Conditional Use Permit. The new building and site improvements will provide a significant aesthetic upgrade to the property, and help facilitate the economic development activities of the City; and

2. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use, in that the site is accessible from Main Street and Bridgehead Road, which is designated to handle project generated traffic; and

3. The proposed use will be arranged, designed, constructed, operated and maintained so as to be compatible with the intended character of the area and shall not change the essential character of the area from that intended by the General Plan and the applicable zoning ordinances, in that the proposed use is permitted in the General Commercial (C) Zoning District with the approval of a Conditional Use Permit. The use will comply with the noise standards set forth in the Oakley Municipal Code, will provide all parking on-site, and will bring a new business into the City; and

4. That the proposed use provides for the continued growth and orderly development of the community and is consistent with the various elements and objectives of the General Plan, in that it is consistent with the Land Use 63 Resolution No. XX-22 Page 3 of 19 February 8, 2022
Element by creating a new commercial use in a commercial designation that is compatible with the applicable zoning district on the same site; and

5. That the proposed use, including any conditions attached thereto, will be established in compliance with the applicable provisions of the California Environmental Quality Act.

B. Regarding the application requesting Design Review approval to develop an approximately 0.76-acre parcel within the parcel located on the north side of Main approximately 295 feet east of the intersection of Main Street and Bridgehead Road with a new 2,331 square-foot quick serve restaurant with dine-in and drivethrough service (DR 05-21), the City Council finds:

1. Site planning, including building siting (location), setback and orientation; entries, circulation, and parking; landscape setbacks and buffers; and location of trash, loading and service areas, and mechanical equipment:

The overall site panning meets required setbacks, circulation and parking, landscape, and buffer requirements, and locates the trash enclosure in a manner where it has minimal interference with the proposed use and other nearby uses; and

2. Architecture, including massing and grouping; facades, entries and roofs; materials and colors; and screening of trash, loading and service areas, and mechanical equipment: architecture and massing of the building meets the criteria as found in the adopted Oakley Commercial and Industrial Guidelines. The trash is located within an enclosure 6’ in height and covered with a metal corrugated roof. Roof top equipment is screened from public view from all adjacent at-grade angles; and

3. Landscaping and site elements, including general landscape areas; entry and plaza enhancements; parking lot landscaping; walls and fences; and lighting: The site is adequately landscaped, including landscaping along the frontage to Main Street and the addition of trees for aesthetic and parking lot shade. Lighting is sufficient, and as conditioned, will provide additional pedestrian safety; and

4. Streetscapes, including major community entries; highlighted intersections; and district entries: The streetscape is partially existing (sidewalk, curb and gutter), and the remainder consisting of landscaping and improvements to the remaining right of way and private property will be installed in compliance with the standards for review as highlighted in the Commercial and Industrial Design Guidelines.

B. The Project complies with Measure J Growth Management requirements.

BE IT FURTHER RESOLVED THAT, on the basis of the above Findings and the Record, the City Council approves the Applicant’s request for approval of the project titled, 64 Resolution No. XX-22 Page 4 of 19 February 8, 2022
“Wendy’s Restaurant Drive-Through Quick Serve Conditional Use Permit (CUP 02-21) and Design Review (DR 05-21),” subject to the following Conditions of Approval:

Conditions of Approval
Applicant shall comply with the requirements of the Oakley Municipal Code. Any exceptions must be stipulated in these Conditions of Approval. Conditions of Approval are based on the plans date stamped received by the Planning Division on April 14, 2021, as well as additional information acquired since that time and made a part of the project file.

THE FOLLOWING CONDITIONS OF APPROVAL SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT UNLESS OTHERWISE NOTED:

Planning Division Conditions
General:

1. This Conditional Use Permit (CUP 02-21) and Design Review (DR 05-21) is approved, as shown on the plans, date stamped by the Planning Department on April 14, 2021, and as modified by the following conditions of approval, subject to final review by the Community Development Director.

2. This approval for Conditional Use Permit (CUP 02-21) and Design Review (DR 05-21) shall be effectuated within a period of one (1) year from the effective date of this resolution by pulling a building or grading permit and if not effectuated shall expire on February 8, 2023. Prior to said expiration date, the applicant may apply for an extension of time pursuant to the provisions of the Zoning Code.

3. All construction drawings submitted for plan check shall be in substantial compliance with the plans presented to and approved by the City Council on February 8, 2022, and as conditioned herein.

4. All conditions of approval shall be satisfied by the owner/developer. All costs associated with compliance with the conditions shall be at the owner/developer’s expense.

5. Noise generating construction activities, including such things as power generators, shall be limited to the hours of 7:30 a.m. to 5:30 p.m. Monday through Friday, and shall be prohibited on City, State and Federal Holidays.

The restrictions on allowed working days and times may be modified on prior written approval by the Community Development Director.

6. Should archaeological materials be uncovered during grading, trenching or other on- site excavation(s), earthwork within 30 yards of these materials shall be stopped until a professional archaeologist who is certified by the Society of 65 Resolution No. XX-22 Page 5 of 19 February 8, 2022
Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s), if deemed necessary.

7. All mitigation measures addressed in the environmental document shall be complied with and addressed as outlined in the Mitigation Monitoring Program approved for this project (incorporated as Exhibit A), per the review and approval of the Community Development Director.

8. The applicant shall defend, indemnify, and hold harmless the city or any of its boards, commissions, agents, officers, and employees from any claim, damages and liability (including, but not limited to, damages, attorney fees, expenses of litigation, costs of court), action or proceeding against the City, its boards, commissions, agents, officers, or employees to attack, set aside, void, or annul, the approval of the project. The city shall promptly notify the applicant of any such claim, action or proceeding. The City shall have the option of coordinating the defense. Nothing contained in this condition shall prohibit the City from participating in a defense of any claim, action, or proceeding if the city bears its own attorney’s fees and costs, and the city defends the action in good faith.

Site Plan:

9. All parking stall striping shall be double striped. Parking stalls shall be 9 feet wide by 19 feet deep, apart from the two (2) approved parking spaces of 15 feet wide and 42 feet deep, and all drive aisles shall be a minimum 24 feet in width as reviewed and approved by the Community Development Director.

10. A lighting and photometric plan shall be submitted prior to the issuance of building permits. The minimum requirement shall be one foot of candlelight within public parking areas and pedestrian pathways.

11. Light poles shall be a maximum height of twenty-five (25) feet, as measured from the bottom of the base on grade, and shall provide glare shields where adjacent to existing residences per the review and approval of the Community Development Director.

12. Trash enclosures shall match Oakley Disposal and City standards and shall provide adequate space to accommodate both trash and recycling. Also, trash enclosures shall be constructed with a roof to match the building design and materials, have metal gates, and when appropriate be surrounded by landscaping with climbing vines on three sides per the review and approval of the Community Development Director.

13. Storage shall be contained inside the building. Storage containers are not allowed and pallets, boxes, cardboard etc. shall not be stored outside. 66 Resolution No. XX-22 Page 6 of 19 February 8, 2022
Architectural Details:

14. All roof-mounted equipment shall be architecturally screened from view from all angles.

15. The light fixtures on the convenience store shall be decorative fixtures per the review and approval of the Community Development Director.

16. Anti-graffiti techniques shall be used on the exterior walls of the buildings.

17. Security cameras shall be installed in locations to be reviewed and approved by the Community Development Director.

18. All exterior light fixtures shall be of quality design and materials, and parking lot lights shall match existing parking lot lights in the shopping center to the maximum extent possible. Specs for the exterior fixtures, including building lights, shall accompany the construction drawings for building permits, and be subject to the review and approval of the Community Development Director.

Landscaping:

19. A landscaping and irrigation plan for all areas shown on the site plan shall be submitted for review and approval of the Community development Director prior to the issuance of building permits. The landscaping plan shall include the project's frontage and side yards and shall conform to the Oakley Water Efficient Landscape Ordinance (“WELO”), and the Guidelines for Implementation of the City of Oakley Water Efficient Landscape Ordinance and shall be installed prior to final occupancy. The plan shall be prepared by a licensed landscape architect and shall be certified to be in compliance with the City’s Water Conservation Ordinance by including the following signed statement on the cover sheet or same sheet as the WELO calculations in a visible text box: “These plans are certified to conform to the Oakley Water Efficiency Landscape Ordinance.”

20. California native drought tolerant plants shall be used as much as possible. All trees shall be a mix of 15-gallon, 24-inch box and 36-inch box; all shrubs shall be a minimum five-gallon size, except as otherwise noted.

21. Parking lot trees shall provide 50 percent shading of the parking areas at tree maturity.

22. Prior to occupancy, an on-site inspection shall be made of privately owned lands by a licensed landscape architect to determine compliance with the approved landscape plan. A signed certification of completion shall be submitted to the Community Development Director for review and approval. 67 Resolution No. XX-22 Page 7 of 19 February 8, 2022

23. If occupancy is requested prior to the installation of the landscape and irrigation improvements, then either a cash deposit or a letter of credit shall be delivered to the City for 125 percent of the estimated cost of the uncompleted portion of the landscape and irrigation improvements. If compliance is not achieved after six months of occupancy as determined by the Community Development Director, the City shall contract for the completion of the landscaping and irrigation improvements to be paid for by the held sum. The City shall return the unused portion within one year of receipt or at the completion of all work.

24. Landscaping shall be maintained as shown on the landscape plan in perpetuity.

Sound Walls

26. Walls shall attenuate, not just deflect sound. The use of sound absorbing material should be used for the construction of sound walls per the review and approval of the Community Development Director.

27. Anti-graffiti techniques shall be used on sound walls.

Signage:

26. The proposed signage shall meet the requirements of the City’s Zoning Ordinance.

All proposed signage shall be reviewed by the Planning and Building Divisions.

The maximum height for the monument sign is 8 feet.

27. The wall signs shall be constructed of individual channel letters.

28. All signs shall be on permanent structures or the office building and of design and material to compliment the proposed building office building. No signs on the premises shall be animated, rotating, or flashing. No flags, pennants, banners, pinwheels, or similar items shall be permitted on the premises, with the exception of a United States flag and California state flag.

29. Temporary signage for such things as special events and grand openings shall require a Temporary Use Permit per the review and approval of the Community Development Director. Signage shall be subject to the Oakley Municipal Code Chapter 9.5 (Regulation of Signs and Outdoor Advertising).

Waste Management Plan:

29. The Applicant shall submit a Waste Management Plan that complies with the City of Oakley Construction and Demolition Debris Recycling Ordinance.

Building Division Conditions

30. Plans shall meet the currently adopted Uniform Codes as well as the newest California Green Code requirements and the T-24 Energy requirements from 68 Resolution No. XX-22 Page 8 of 19 February 8, 2022
the State of California Energy Code. To confirm the most recent adopted codes please contact the Building Division at (925) 625-7005.

31. An automatic Life Safety Sprinkler System shall be required in all new construction as per the California Building Code (for commercial buildings) and as per the California Residential Code (for residential buildings). The plans for all sprinklers systems shall be submitted to the local Fire Marshal’s office for review and approval. All sprinkler systems and Fire alarms system shall be inspected and approved as required by the local Fire Inspector.

32. Prior to requesting a Certificate of Occupancy from the Building Division, all Conditions of Approval required for occupancy must be completed.

PUBLIC WORKS AND ENGINEERING CONDITIONS OF APPROVAL

THE FOLLOWING SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF AN ENCROACHMENT AND/OR GRADING PERMIT:

33. GENERAL. All public improvements shall be made according to the latest adopted City Standard Drawings and Specifications. All work shall conform to the applicable City ordinances. The adjacent public right-of-way shall be kept clear of all job-related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the City performing the required maintenance at the developer's expense.

34. ENCROACHMENT PERMIT. All work in the public right-of-way, including any blockage or partial closure of sidewalks will require an Encroachment Permit.

Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required.

35. GRADING PERMIT. All earthwork must comply with the City’s Grading Ordinance. A Grading Permit must be issued by the public works department prior to site disturbance as determined by the City Engineer.

36. PUBLIC WORKS INSPECTIONS. The developer or their representative shall notify the Engineering Inspector at least forty-eight (48) hours before starting any work pertaining to on-site drainage facilities, grading or paving, and all improvements in approved plans. Failure to do so will result in rejection of work that was completed without inspection.

37. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of any site work, the general contractor shall:
69 Resolution No. XX-22 Page 9 of 19 February 8, 2022
a) Along with the project applicant, attend a pre-construction meeting with the City Engineer to discuss the project conditions of approval, working hours, site maintenance and other construction matters;
b) Acknowledge in writing that they have read and understand the project conditions of approval and will make certain that all project sub-contractors have read and understand them prior to commencing work and that a copy of the project conditions of approval will be posted on site at all times during construction.

38. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the City Engineer.

39. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Public Works Department. A Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the State SMARTS system for projects disturbing more than one acre and obtain a WDID number. A maximum of two weeks is allowed between clearing of an area and stabilizing/building on an area if grading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before installation of the final landscaping shall be included. Interim erosion control method shall include, but are not limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, City standard seeding specification, filter berms, check dams, retention basins, etc. Provide erosion control measures as needed to protect downstream water quality during winter months. The grading, drainage, erosion control plans and SWPPP shall be in compliance with applicable measures contained in the City of Oakley’s NPDES Permit.

40. DUST CONTROL. Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the City, or a minimum of three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur.

Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the City Engineer, or at least once a day. Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept daily during the workweek to the satisfaction of the City. Demolition or earthwork activities shall be halted 70 Resolution No. XX-22 Page 10 of 19 February 8, 2022
when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered.

41. SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of contractor and homeowner to make sure that all dirt tracked into the public right-of-way is cleaned up daily. Mud, silt, concrete and other construction debris SHALL NOT be washed into the City’s storm drains. Construction entrances must be in place per the Erosion Control Plan.

42. TRAFFIC CONTROL PLAN. The project sponsor will be required to work with the Public Works Department to develop a traffic control plan per the current California MUTCD. This plan will include, but not be limited to, the following measures:
a) Construction activities shall be strategically timed and coordinated to minimize traffic disruption for schools, residents, businesses, and special events. The schools located on the haul route shall be contacted to help with the coordination of the trucking operation to minimize traffic disruption. b) Flag persons shall be placed at locations necessary to control one-way traffic flow, if required. All flag persons shall have the capability of communicating with each other to coordinate the operation. c) Prior to construction, advance notification of all affected residents and emergency services shall be made regarding one-way operation, specifying dates and hours of operation and lane closures on main arterial and collector streets and will be permitted only between the hours of 8:30AM to 2:30PM on M, T, TH & F. 8:30AM to 12:00PM on W.
d) The traffic control plan shall be reviewed for compliance to the project’s Haul Route, approved by the City of Oakley.
e) A full road closure will require a detour plan and a road closure permit issued by the Public Works Department.

43. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic Control Plan, Project Schedule, site security fencing, employee parking, construction staging area, construction trailer, and proposed outhouse locations. The public street shall not be used for any construction related activities, including parking for workers and storage of vehicles.

44. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired 71 Resolution No. XX-22 Page 11 of 19 February 8, 2022
and replaced to a condition equal to or better than the original condition.

Existing improvement to be repaired or replaced shall be at the direction of the Public Works & Engineering Inspector and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions.

45. SIDEWALK REPAIR. The developer shall repair and replace to existing City standards any sidewalk damaged now or during construction of this project.

Sidewalk repair shall match existing color, texture and design, and shall be constructed per City Standard Details. The limits of sidewalk repair will be determined by the Public Works Inspector during the construction phase of the project.

46. CURB AND GUTTER. The developer shall repair and replace to existing City standards any curb and gutter damaged now or during construction of this project. New curb and gutter shall be constructed per City Standard Details.

The limits of curb and gutter repair will be determined by the Public Works Inspector during the construction phase of the project.

47. CONSTRUCTION NOISE. Between the hours of 7:30 a.m. to 5:30 p.m., weekdays and 9:00 a.m. to 5:30 p.m. weekends and holidays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five (85) dBA at twenty-five (25) feet. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty-five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA. Pickup and delivery of materials and equipment is restricted to the hours listed above unless prior written approval is obtained by the Public Works Department.

48. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be diligently performed by a person or persons authorized to do so at all times during working hours. The storing of goods and/or materials on the sidewalk and/or the street will not be allowed unless a special permit is issued by the Engineering Division. The adjacent public right-of-way shall be kept clear of all job-related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the City performing the required maintenance at the developer's expense.
72 Resolution No. XX-22 Page 12 of 19 February 8, 2022

49. ACCESS AGREEMENT. Provide copy for City’s review of the private joint access agreement and maintenance agreement with adjoining parcels within the project to utilize share access and utilities

THE FOLLOWING SHALL BE SATISFIED PRIOR TO THE APPROVAL OF THE GRADING PLAN:

50. GEOLOGY AND SOIL MITIGATION MEASURES. A geotechnical investigation shall be conducted for the project to determine the surface and sub-surface conditions at the site and to determine the potential for surface fault rupture on the site. The geotechnical study shall provide recommendations for site grading as well as the design of foundations, retaining walls, concrete slab-on-grade construction, excavation, drainage, onsite utility trenching and pavement sections. The soils report shall include specific criteria and standards governing site grading, drainage, pavement design, retaining wall design, and erosion control. All recommendations of the investigation shall be incorporated into project plans. One copy of the geologic report shall be submitted with the grading permit and public improvement application. Prior to issuance of any permit, the applicant’s soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with their recommendations. The applicant’s soils engineer’s approval shall then be conveyed to the City either by letter or by signing the plans.

51. GRADING.
a) Grade any slopes with a vertical height of four (4) feet or more at a slope of 3H to 1V. Retaining walls that may be installed to reduce the slope must be masonry and comply with the City’s building code.
b) Retaining wall or other suitable option acceptable by the City Engineer is required where the grade differential between property or adjacent lots are greater than 6”. Retaining walls are required to be identified on the grading plans and shall have a note stating a separate building permit is required for retaining wall greater than four (4) feet in height. c) At least one week prior to commencement of grading, the applicant shall post the site and mail to the owners of property within 300 feet to the exterior boundary of the project site notice that construction work will commence.

The notice shall include a list of contact persons with the name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall always be kept current and shall consist of persons with authority to indicate and implement corrective action in their area of responsibility. The names of the individual responsible for noise and litter control shall be expressly identified in the notice. The notice shall be reissued with each phase of major grading activity. A copy of the notice shall be concurrently transmitted to the City Engineer. The notice 73 Resolution No. XX-22 Page 13 of 19 February 8, 2022
shall be accompanied by a list of the names and addresses of the property owners noticed, and a map identifying the area noticed. d) Submit a Haul Route Plan to the City Engineer for review and approval prior to importing or exporting any material from the site. The plan shall include the location of the borrow or fill area, the proposed haul routes, the estimated number and frequency of trips, and the proposed schedule of hauling. Based on this plan, the City Engineering shall determine whether pavement condition surveys must be conducted along the proposed haul routes to determine what impacts the trucking activities may have. The project proponents shall be responsible to repair to their pre-construction condition any roads along the utilized routes.
e) Prior to commencement of any site work that will be result in a land disturbance of one acre or more, the applicant shall provide evidence to the City Engineer that the requirements for obtaining a State General Construction Permit have been met. Such evidence may be a copy of the Notice of Intent Letter sent by the State Water Resources Control Board.

The WDID Number shall be shown on the grading plan prior to approval by the City Engineer.
f) The burying of any construction debris is prohibited on construction sites

52. NPDES – NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.

Comply with all rules, regulations and procedures of the NPDES for municipal, construction and industrial activities as promulgated by the California State Water Resources Control Board, the Regional Water Quality Control Board (Central Valley – Region IV), including the Stormwater C.3 requirements as detailed in the Guidebook available at www.cccleanwater.org Compliance shall include developing long-term best management practices (BMP’s) for the reduction or elimination of storm water pollutants. The project design shall incorporate wherever feasible, the following long-term BMP’s in accordance with the Contra Costa Clean Water Program for the site’s storm water drainage.
 Offer pavers for household driveways and/or walkways as an option to buyers.
 Minimize the amount of directly connected impervious surface area.  Delineate all storm drains with “No Dumping, Drains to the Delta” permanent metal markers per City Standards.
 Construct concrete driveway weakened plane joints at angles to assist in directing run-off to landscaped/pervious areas prior to entering the street curb and gutter.
 Distribute public information items regarding the Clean Water Program to buyers.
 Other alternatives as approved by the City Engineer.
74 Resolution No. XX-22 Page 14 of 19 February 8, 2022
 Prepare an Operations and Maintenance Manual for the project’s storm water control measures.

THE FOLLOWING SHALL BE SATISFIED PRIOR TO THE APPROVAL OF THE IMPROVEMENT PLAN:

53. ROADWAY IMPROVEMENTS.
a) The applicant shall coordinate with the project design engineer to implement the recommendations provided by the technical memorandum for the project’s focused traffic analysis prepared by Fehr and Peers dated December 7, 2021. Proposed signing and striping outside of the project limits shall be coordinated with adjacent property owners and obligations for maintenance of the proposed signs and striping clarified. b) Driveway adjacent to Main Street shall be further analyzed to determine conformance to current ADA standards and ensure that median island meets turning radius requirements.

54. DRAINAGE IMPROVEMENTS.
a) Collect and convey all stormwater entering and /or originating on this property, without diversion and within an adequate storm drainage facility, to an adequate natural watercourse having definable bed and banks, or to an existing adequate public storm drainage facility that conveys the storm waters to an adequate natural watercourse.
b) Submit a final hydrology and hydraulic report including 10-year and 100- year frequency event calculations for the proposed drainage system to the city Engineer for review and approval. The report shall includes study of the downstream stormdrain facilities to confirm its adequacy and mitigate on-site so that the peak flows of post-project conditions do not exceed the pre-project peak flows.
c) Design and construct all storm drainage facilities in compliance with the Municipal Code and City design standards.
d) Prevent storm drainage from draining across the sidewalk(s) and driveway(s) in a concentrated manner.
e) On-site parking area and driveways shall not surface drain across public sidewalk or driveway aprons.

55. SIGHT DISTANCE EXHIBIT. For the project driveways’ ingress and egress, provide an exhibit that will analyze the sight distance required for the appropriate speed limit identified with this project as required by the City Engineer.
75 Resolution No. XX-22 Page 15 of 19 February 8, 2022

56. DESIGN CHANGES. The Applicant's registered Engineer shall notify the City Engineer, in writing, at least 72 hours in advance of all differences between the proposed work and the design indicated on the plans. Any proposed changes shall be subject to the approval of the City before altered work is started. A plan revision must be submitted for approval by the City Engineer.

57. JOINT TRENCH PLANS. The applicant shall submit Joint Trench Composite Plans to the City for review prior to approval of improvement plans or recordation of the final map. The developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the improvement Plan submittals for the project. The composite drawings and/or utility improvement plans shall be signed by a licensed civil engineer. The joint trench plans shall include street and/or site lighting and associated photometrics. A letter shall be provided by PG&E stating that public streetlight billing will be per Rule LS2A, and that private lights shall be metered with billing to the owner.

Pole numbers, assigned by PG&E, shall be clearly delineated on the plans.

58. UTILITIES & UNDERGROUNDING.
a) Underground all new and existing utility distribution facilities per City of Oakley code section Title 6 Chapter 8 Underground Utility Districts. b) All utility boxes shall be installed underground, and all wires and cables must be installed in conduits. Compliance with this condition shall be at the discretion of the City Engineer.
c) Above ground utility boxes shall be camouflaged per the review and approval of the City Engineer.
d) A written approval from Diablo Water District and Iron House Sanitary District must be provided that all underground utility improvements have passed all testing requirements prior to commencement of paving a street.

THE FOLLOWING SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF THE BUILDING PERMIT:

59. PAD CERTIFICATION. A letter from a licensed land surveyor stating that the building pad was constructed in accordance with the approved plans shall be provided prior to commencing with foundation construction of the building.

60. SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all excavations and grading shall be inspected by the applicant’s soils engineer prior to placement of concrete and/or backfill so they can verify that the actual 76 Resolution No. XX-22 Page 16 of 19 February 8, 2022
conditions are as anticipated in the design-level geotechnical report and recommend appropriate changes in the recommendations contained in the report, if necessary. The results of the construction observation and testing should be documented in an “as-built” letter/report prepared by the applicants’ soils engineer and submitted to the City before any building permit is granted.

61. RIGHTS OF ENTRY. Furnish necessary rights of way, rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, public and private road and drainage improvements.

62. ACCESS AGREEMENTS. Develop for the City’s review and approval and enter into a private joint access agreement that allows the adjacent parcels within the project to utilize common drive aisles.

63. LANDSSCAPE AGREEMENT. Enter into an agreement with the City that requires the right of way landscaping adjacent to the site to be maintained as part of the on-site landscaping at the property owner’s expense to a standard acceptable and agreed upon by the City.

64. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES
INSPECTION AND MAINTENANCE OBLIGATIONS. The property owner shall enter into an agreement with the City for maintenance of the stormwater filtration devices required to be installed on this project. The agreement will specify that certain routine maintenance shall be performed by the property owner and will specify device maintenance reporting requirements. The agreement will also specify routine inspection requirements, permits and payment of fees. The agreement shall be recorded prior to release of any occupancy permits.

65. AS-BUILT PLANS. After completion of the construction of all work, the original plans shall have all changes (change orders and field changes) clearly marked.

The "as-built" plans shall again be signed and "wet-stamped" by the civil engineer who prepared the plans, attesting to the changes. The original "asbuilt" plans shall be review and approved the Engineering Inspector. A Mylar and AutoCAD disk of the approved "as-built" plans shall be provided to the City before acceptance of improvements.

66. IMPACT FEES. Comply with the requirements of the development impact fees listed below, in addition to those noticed by the City Council in Resolution 85- 00 and 08-03. The applicant shall pay the fees in the amounts in effect at the time each building permit is issued.
a) Traffic Impact Fee (authorized by Ordinance No. 14-00, adopted by Resolution 49-03);
b) Regional Transportation Development Impact Mitigation Fee or any future alternative regional fee adopted by the City (authorized by Ordinance No. 77 Resolution No. XX-22 Page 17 of 19 February 8, 2022
14-00, adopted by Resolution No. 73-05);
c) Park Land Dedication In-Lieu Fee (adopted by Ordinance No. 03-03); d) Park Impact Fee (authorized by Ordinance No. 05-00, adopted by Resolution No. 19-03);
e) Public Facilities Fee (authorized by Ordinance No. 05-00, adopted by Resolution No. 18-03);
f) Fire Facilities Impact Fee (adopted by Resolution No. 09-01); g) General Plan Fee (adopted by Resolution No. 53-03).
45) ANNEXATIONS
a) Annex the property to the City of Oakley Community Facilities District No. 2018-1 Fire Protection Services (CFD – Community Facilities District) for funding certain services within the boundaries of the City of Oakley including fire protection services. The applicant/owner/developer shall apply for annexation and provide all information and documents required by the City to process the annexation. All costs of the annexations shall be paid by the applicant/owner/developer. The assessment shall be the per parcel annual amount set by CFD at the time of the annexation. Annexation shall be completed prior to filing of any map action.
b) Participate in the provision of funding to maintain police services by voting to approve a special tax for new parcels created by a new map or map action. The tax shall be the per parcel annual amount (with appropriate future cost of living adjustment) as established at the time of voting by the City Council. The election to provide for the tax shall be completed prior to filing of the final map or map action. If the commercial and office buildings are occupied prior to the City receiving the first disbursement from the tax bill, the project proponent shall be responsible for paying the pro-rate share for the remainder of the tax year prior to the City conducting a final inspection.
f) Annex the property to the City of Oakley Community Facilities District No. 2015-2 (CFD) for funding the maintenance and operation costs associated with regional, community and neighborhood parks, public area landscaping, street lights and storm water facilities. The applicant shall apply for annexation and provide all information and documents required by the City to process the annexation. All costs of the annexations shall be paid by Applicant. The assessment shall be the per parcel annual amount set by CFD at the time of annexation. Annexation shall be completed prior to filing of the map creating new parcels or any map action.
78 Resolution No. XX-22 Page 18 of 19 February 8, 2022

ADVISORY NOTES
The following Advisory Notes are provided to the applicant as a courtesy but are not a part of the conditions of approval. Advisory Notes are provided for the purpose of informing the applicant of additional ordinance requirements that must be met in order to proceed with development.

A. The applicant/owner should be aware of the expiration dates and renewing requirements prior to requesting building or grading permits.

B. The project will require a grading permit pursuant to the Ordinance Code.

C. Applicant shall comply with the requirements of Iron House Sanitary District.

D. The applicant shall comply with the requirements of the Diablo Water District.

E. Comply with the requirements of the East Contra Costa Fire Protection District.

F. Comply with the requirements of the Building Inspection Division. Building permits are required prior to the construction of most structures.

G. This project may be subject to the requirements of the Department of Fish and Game. It is the applicant’s responsibility to notify the Department of Fish and Game, P.O. Box 47, Yountville, California 94599, of any proposed construction within this development that may affect any fish and wildlife resources, per the Fish and Game Code.

H. The applicant shall be responsible for paying the County Recorder’s Fee for the Notice of Determination as well as the State Department of Fish and Game’s Filing Fee.

I. East Contra Costa County Habitat Conservation Plan Fee. 79 Resolution No. XX-22 Page 19 of 19 February 8, 2022
PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the February 8, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:

Randy Pope, Mayor
ATTEST:

Libby Vreonis, City Clerk Date
80 STAFF REPORT
Agenda Date: ________
Agenda Item: ________
Approved and Forwarded to the City Council
Date: February 8, 2022
To: Joshua McMurray, City Manager
From: Kenneth W. Strelo, Principal Planner
Cindy Gnos, Senior Vice President, Raney Planning & Management, Inc.

SUBJECT: CR-A (Commercial Recreation-Aquatic) District Zoning Text Amendment (RZ 02-21) Project
Summary
This is a public hearing on a request from the Lauritzen Yacht Harbor (“Applicant”) for a text amendment to Section 9.1.512 of the Oakley Municipal Code (Commercial RecreationAquatic [CR-A]) to expand the list of permitted and conditional commercial uses allowed in the CR-A District (“Project”). In general, the proposed amendment serves to clarify the objectives of the CR-A District and add to the district’s permitted uses and uses requiring a Conditional Use Permit (CUP) in order to modernize the CR-A District in a manner more relevant to the current uses in the vicinity, particularly the Oakley Logistics Center, consistent with the goals and policies of the General Plan.

Staff recommends the City Council adopt the Initial Study/Negative Declaration (IS/ND), waive the first reading, and introduce the ordinance approving a zoning ordinance text amendment to Section 9.1.512 (Commercial Recreation-Aquatic [CR-A]) of Chapter 1 of Title 9 of the Oakley Municipal Code (RZ 02-21).

Background and Project Description
The CR-A District consists of two areas in the City of Oakley: (1) parcels immediately east of State Route (SR) 160 and north of Lauritzen Lane, and (2) parcels adjacent to Big Break Road to the north of Big Break Regional Trail. The former area, to the east of SR 160, overlays Driftwood Marina and Lauritzen Yacht Harbor. The latter area, adjacent to Big Break Road, includes Big Break Marina and Foundation Contractors. Both sites are situated along the shoreline of the San Joaquin River Delta (Delta). Each area is within the vicinity of the 375.7-acre site planned for the Oakley Logistics Center, an approximately 1,750,000- square-foot (sf) light industrial logistics center approved by the City in 2019 that consists of seven industrial parcels and four open space lots. The CR-A District located adjacent to SR 160 is situated to the north of the Oakley Logistics Center’s Parcel A and Lot 3. The CR-A District north of Big Break Regional Trail abuts the logistic center’s northeast property line. 81 Subject: CR-A District Zoning Text Amendment (RZ 02-21) Project Date: February 8, 2022
Page: 2 of 3
In addition, Planning Area 6 of the City-adopted East Cypress Corridor Specific Plan (ECCSP) contains two areas with CR (Commercial Recreation) land use designations, to which the CR-A District would apply. The two areas with CR land use designations in Planning Area 6 are generally located in the northern portion of the planning area, with one of the CR land use designations abutting the eastern side of Jersey Island Road and Dutch Slough, the latter of which is a portion of the Delta. The other CR land use designation in Planning Area 6 abuts the western side of Bethel Island Road within the northern City limits.

The purpose of the CR-A District is to provide designated areas for preservation of natural features and to encourage marine-commercial and visitor-oriented uses in waterfront areas.

Currently, the CR-A District includes the following six permitted uses: artists’ studios and galleries; boat storage/yards; marinas; park and recreation facilities; retail marine sales; and minor utilities, such as electrical distribution lines and underground water and sewer lines.

The CR-A District currently allows for a range of additional uses through approval of a Conditional Use Permit (CUP) or a Temporary Use Permit (TUP). The proposed Zoning Ordinance amendment would modify subsections (a) Purpose and Intent, (b) Permitted Uses, (c) Uses Requiring a Conditional Use Permit (CUP), and (h) Other Regulations in Section 9.1.512 of the City’s Municipal Code.

The proposed revisions to the Zoning Ordinance would be consistent with the goals and policies of the General Plan. Pursuant to the Community Vision outlined in the General Plan, the City envisions itself as a place for those seeking a semi-rural setting, small town character, and the recreation opportunities provided on the San Joaquin River Delta (Delta).

The northern portion of the Northwest Oakley Special Planning Area1 includes two CR-A District areas. The CR-A District implements the Commercial Recreation (CR) designation, which allows for a broad range of commercial activities that cater to the recreational user, including marinas and boat facilities; outdoor equipment rental shops; yacht clubs; driving ranges and golf courses; restaurants; etc. Development allowed under the CR designation is anticipated by the General Plan to provide access to the Delta and passive recreation uses.

In addition, the overall goal of the CR uses in the Northwest Oakley Special Planning Area are to not only provide recreation for City residents, but to enhance the quality of the area and support the adjacent industrial/business park development. As such, the new permitted uses and uses requiring a CUP that would be facilitated by the proposed Zoning Ordinance amendment would be consistent with the intent of the CR designation.

The proposed amendments include many new uses that will help to remove uncertainty in what is permitted, conditionally permitted, and not permitted in the CR-A District. Including more uses doesn’t necessarily increase the allowable intensity of the uses in the district, but it does allow Planning Staff to answer questions and help guide development regarding the CR-A District more efficiently and consistently. Attachment 4 to this Staff Report includes the entire deleted and added language resulting in the proposed ordinance. The following

1 The Northwest Oakley Special Planning Area is a subarea identified in the Oakley General Plan that encompasses apx. 972 acres of land located generally north of existing Oakley Road and generally bounded by Big Break Road to the east, Highway 160 to the west and the Delta along the north. 82 Subject: CR-A District Zoning Text Amendment (RZ 02-21) Project Date: February 8, 2022
Page: 3 of 3
lists includes examples of the some of the permitted uses added to the CR-A District. No new conditionally permitted uses are being added to the CR-A District.

Examples of Permitted Uses Added to CR-A District (not a complete list)  Boat charter, rental, or sales. Boats include kayaks, canoes, stand up paddle boards, sail boats, wind sailing, jet skis, bass boats, cabin cruisers, electric boats, and similar watercraft;
 Boat tours, including fishing guides and tours of the Delta;  Fishing tournaments;
 Houseboat charter, rental, and sales;
 Offices;
 Retail stores; and
 Studios and galleries for artists.

Environmental
An IS/ND was prepared for the proposed project in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Sections 21000 et seq., and the State CEQA Guidelines to evaluate the potential environmental impacts of the project. The IS/ND was made available for public review from November 21, 2021 to December 20, 2021. As detailed therein, the IS/ND concluded the project would not result in a “Potentially Significant” impact with respect to any environmental issue area that would require the incorporation of feasible mitigation measures to reduce the potential project impact to a lessthan-significant level.

One comment letter was received during the public review period from Central Valley Regional Water Quality Control Board. In addition, a comment letter was received after the close of the public review period from the Delta Protection Commission. Both comment letters support the proposed Zoning Ordinance amendment and do not raise issues related to the adequacy of the IS/ND.

Recommendation
Staff recommends the City Council adopt the IS/ND, waive the first reading, and introduce the ordinance approving a Zoning Ordinance text amendment to Section 9.1.512 (Commercial Recreation-Aquatic [CR-A]) of Chapter 1 of Title 9 of the Oakley Municipal Code (RZ 02-21).

Attachments

1. Map of CR-A District Areas

2. Notice of Public Hearing

3. Applicant’s Justification for Zoning Text Amendments

4. Zoning Text Amendment with Proposed New Text Double Underlined and Proposed Deleted Text Struck Through

5. Proposed Ordinance
83 CR-A (Commercial Recreation-Aquatic) District Zoning Text Amendment (RZ 02-21) Project Map of CR-A (Commercial Recreation-Aquatic) Districts
CR-A Districts
84 City of Oakley
3231 Main Street
Oakley, CA 94561
www.oakleyinfo.com

NOTICE OF PUBLIC HEARING
Notice is hereby given that on February 8, 2022 at 6:30 p.m., or as soon thereafter as the matter may be heard, the City Council of the City of Oakley will hold a Public Hearing at the Council Chambers located at 3231 Main Street, Oakley, CA 94561 for the purposes of considering an item for Adoption of an IS/ND and Zoning Text Amendment related to the permitted and conditionally permitted commercial uses allowed in the Commercial Recreation-Aquatic (CR-A) District.

Project Name: CR-A (Commercial Recreation-Aquatic) District Zoning Text Amendment (RZ 02-21) Project.

Project Location: Citywide in applicable zoning districts.

Applicant: Lauritzen Yacht Harbor, 115 Lauritzen Lane, Oakley, CA 94561, (925) 757-1916 Request: This is a public hearing on a request for a number of text amendments to Section 9.1.512 of the Oakley Municipal Code (Commercial Recreation-Aquatic [CR-A]), which would modify the list of permitted and conditionally permitted commercial uses allowed in the CR-A District. The proposed Zoning Ordinance amendment would modify subsections (a) Purpose and Intent, (b) Permitted Uses, (c) Uses Requiring a Conditional Use Permit (CUP), and (h) Other Regulations in Section 9.1.512 of the City’s Municipal Code. In general, the proposed amendment serves to clarify the objectives of the CRA District and add to the district’s permitted uses and uses requiring a CUP in order to modernize the CR-A District in a manner more relevant to the current uses in the vicinity, particularly the Oakley Logistics Center, consistent with the General Plan goals and policies.

How to Review: The Staff Report and its attachments will be available for public review, on or before February 3, 2022 at City Hall, 3231 Main Street, Oakley, CA 94561 or online at www.ci.oakley.ca.us/agendas-minutes-videos-archive/ by navigating to the February 8, 2022 agenda and clicking the project title link. (Note: City Hall is closed on the 1st and 3rd Fridays of each month). Interested persons are invited to submit written comments prior to and may testify at the public hearing. Written comments may be submitted to Kenneth W. Strelo, Planning Manager at the City of Oakley, 3231 Main Street, Oakley, CA 94561 or by email to [email protected].

NOTICE IS ALSO GIVEN pursuant to Government Code Section 65009(b) that, if this matter is subsequently challenged in Court by you or others, you may be limited to raising only those issues you or someone else has raised at a Public Hearing described in this notice or in written correspondence delivered to the City of Oakley City Clerk at, or prior to, the Public Hearing. 85 86
87 88
89 Proposed Commercial Recreation-Aquatic (CR-A) Zoning Text Amendment The following text amendments would apply to Section 9.1.512 of the Oakley Municipal Code, which pertains to the CR-A District. The text changes presented below are those submitted by the applicant, Lauritzen Yacht Harbor, with proposed new text double underlined and proposed deleted text struck through.

9.1.512 Commercial Recreation – Aquatic (CR-A).
a. Purpose and Intent. The CR-A Zone is designated in certain areas along the City’s waterfront, which is part of the greater Sacramento-San Joaquin Delta. The Delta is a unique region that supports a wealth of natural resources, vibrant communities, agriculture, and recreation. The lands designated CR-A are within the Secondary Zone of the Delta, within the Contra Costa County Urban Limit Line, within City limits, and within the Urban Interface Zone in the Delta Plan. The purpose of the CR-A District is to provide designated areas for preservation of natural features, and to encourage marine-commercial commercial, recreational and visitororiented uses in waterfront areas compatible with the waterfront and the natural features in the Delta. The intent is to provide new and protect existing commercial and recreational opportunities. The CR-A Zone will encourage uses that allow residents and visitors to enjoy and appreciate the waterways of the Delta. The proximity to the Delta is considered a further opportunity to enhance the overall quality of the area. b. Permitted Uses. Uses permitted in the CR-A district shall be as follows:

1. Artists’ studios and galleries Boat charter, rental, or sales. Boats include kayaks, canoes, stand up paddle boards, sail boats, wind sailing, jet skis, bass boats, cabin cruisers, electric boats, and similar watercraft;

2. Boat storage/yards. Indoor or outdoor storage of boats, including stack storage, which may include boat haul out, maintenance, and boat repair as an ancillary use;

3. Marinas Boat tours, including fishing guides and tours of the Delta;

4. Park and recreation facilities Docks and boat launches;

5. Retail marine sales Eating and drinking establishments, including restaurants, cafés, takeout, floating restaurants, take-out by boat, and dock dining. Drive-throughs not permitted;

6. Utilities, minor (Utility facilities that are necessary to support legally established uses and involve only minor structures such as electrical distribution lines, underground water and sewer lines) Ferry services;

7. Fishing tournaments;

8. Houseboat charter, rentals, and sales;

9. Indoor storage of marine or recreational equipment and supplies;

10. Interpretive and educational facilities;

11. Marinas;

12. Marinas with recreational vehicle parks;

13. Marina mixed-use developments, including restaurants, offices, or retail shops;

14. Marine schools;

15. Offices;

16. Park and recreation facilities, including tent or recreational vehicle campgrounds;

17. Public safety facilities, including marine patrol, search and rescue, and reclamation district facilities;

18. Recreational vehicle repair and/or storage within enclosed structures;

19. Retail stores;
90 20. Studios and galleries for artists; and

21. Utilities, minor (utilities and energy efficient improvements to buildings and structures). c. Uses Requiring a Conditional Use Permit. In the CR-A district the following uses are permitted after the issuance of a conditional use permit:

1. Boat charter, rental and sales Boat storage/yards when including boat building or manufacturing;

2. Boat storage/yards when including boat building or manufacturing Commercial waterfront master plan with a residential component (Residential component subject to the lot and yard requirements, building height and other regulations of multiple family residential districts (M-9, M-12 and M-17) (Sections 9.1.406(e) through (h));

3. Commercial filming (Commercial motion picture or video photography at the same location more than six days per quarter of a calendar year) Hotels and motels;

4. Commercial recreation and entertainment (This classification includes cinemas, theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors, pool rooms, dance halls, ice/skating rinks, scale-model courses, tennis/racquetball courts, arcades or electronic games centers having three or more coin-operated game machines); Utilities, major (Generating plants, electrical substations, water reservoirs, water or wastewater treatment plants, and similar facilities of public agencies or public utilities. A structure that may have a significant effect on surrounding uses shall be regulated under this classification); and

5. Eating and drinking establishments related to marina Yacht club.

6. Hotels and motels;

7. Marine service stations (Establishments engaged in the retail sale of gasoline, diesel, and alternative fuels, lubricants, parts, and accessories for boats or ships);

8. Public safety facilities;

9. Utilities, major (Generating plants, electrical substations, above-ground electrical transmission lines, lone switching buildings, refuse collection, transfer recycling or disposal facilities, water reservoirs, flood control or drainage facilities, water or wastewater treatment plants, transportation or communications utilities, and similar facilities of public agencies or public utilities. A structure that may have a significant effect on surrounding uses shall be regulated under this classification);

10. Yacht club; and

11. Commercial waterfront master plan with a residential component (Residential component subject to the lot and yard requirements, building height and other regulations of multiple family residential districts (M-9, M-12 and M-17) (Sections 9.1.406(e) through (h)). h. Other Regulations.
i. All new commercial development shall be consistent with the Commercial and Industrial Design Guidelines (See Appendix C of this chapter) and is subject to Design Review approval.
ii. Fences, walls, hedges, uncovered decks, landings, patios, platforms, porches and terraces and similar structures not more than 6 feet in height, may be located within any required side yard to the rear of the front setback or within any required rear yard other than those abutting an alley. Fences, walls, hedges, and accessory structures shall be limited to 3 feet in height above natural grade in all required front yard setback areas; 91 iii. Dock and Marina Regulations. Dock and marina projects may be allowed in the CR-A district based on the following criteria, as determined appropriate by the Community Development Director:

1. Proposed locations should be along waterways having an adequate channel width as defined by the State Harbors and Navigation Code;

2. Adequate public vehicular access and parking must be provided;

3. Off-site improvements, such as required access roads, must be capable of supporting the proposed development and subsequent use;

4. Adequate on-site sewage or public sewer disposal must be provided;

5. Adequate access for emergency response vehicles must be available;

6. Such uses should minimize the conflict with adjacent agricultural uses or natural resources;

7. Adequate potable water must be provided, as appropriate, for all recreational uses;

8. Encourage public access to the delta and shoreline in conjunction with new dock and marina projects. Such access may be achieved upon the subject property or through cooperative efforts with adjacent property owners.

1. All new commercial development shall be consistent with the Commercial and Industrial Design Guidelines (See Appendix C of this chapter) and is subject to Design Review approval;

2. Marinas include covered or un-covered berths, fuel docks, electric boat charging stations, launch ramps, marine maintenance and repair services, lubricants, parts, and accessories for boats, pump outs, convenience store, office, harbormaster living quarters, and related uses;

3. Boat and houseboat sales may be new or used vessels that are operable and seaworthy;

4. Public safety facilities may include outdoor storage of mobile trailers for disaster preparedness (levee failures, oil spills, earthquakes);

5. Fences, walls, hedges, uncovered decks, landings, patios, platforms, porches and terraces and similar structures not more than 6 feet in height, may be located within any required side yard to the rear of the front setback or within any required rear yard other than those abutting an alley. Fences, walls, hedges, and accessory structures shall be limited to 3 feet in height above natural grade in all required front yard setback areas; and

6. Marina and Dock Regulations. Marina and dock projects may be allowed in the CR-A district based on the following criteria, as determined appropriate by the Community Development Director:
a. Proposed locations should be along waterways having an adequate channel width as defined by the State Harbors and Navigation Code;
b. Adequate public vehicular access and parking must be provided; c. Off-site improvements, such as required access roads, must be capable of supporting the proposed development and subsequent use; d. Adequate on-site sewage or public sewer disposal must be provided; e. Adequate access for emergency response vehicles must be available; f. Such uses should minimize the conflict with adjacent agricultural uses or natural resources;
g. Adequate potable water must be provided, as appropriate, for all recreational uses; and
h. Encourage public access to the delta and shoreline in conjunction with new dock and marina projects. Such access may be achieved upon the subject property or through cooperative efforts with adjacent property owners. 92 Ordinance No. 1 of 4
ORDINANCE NO. _________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY ADOPTING A ZONING TEXT AMENDMENT TO OAKLEY MUNICIPAL CODE SECTION 9.1.512 (COMMERCIAL RECREATION-AQUATIC [CR-A]) RELATED TO THE PERMITTED

AND CONDITIONAL USES ALLOWED IN THE CR-A DISTRICT (SUBSECTIONS

9.1.512[a], [b], [c], and [h] (RZ 02-21)
The City Council of the City of Oakley does ordain as follows:

SECTION 1. Subsections 9.1.512(a), (b), (c), and (h) of the Oakley Municipal Code Section 9.1.512 titled, Commercial Recreation-Aquatic (CR-A), is hereby amended as follows:
a. Purpose and Intent. The CR-A Zone is designated in certain areas along the City’s waterfront, which is part of the greater Sacramento-San Joaquin Delta. The Delta is a unique region that supports a wealth of natural resources, vibrant communities, agriculture, and recreation. The lands designated CR-A are within the Secondary Zone of the Delta, within the Contra Costa County Urban Limit Line, within City limits, and within the Urban Interface Zone in the Delta Plan. The purpose of the CR-A District is to provide designated areas for commercial, recreational and visitor-oriented uses compatible with the waterfront and the natural features in the Delta. The intent is to provide new and protect existing commercial and recreational opportunities. The CRA Zone will encourage uses that allow residents and visitors to enjoy and appreciate the waterways of the Delta. The proximity to the Delta is considered a further opportunity to enhance the overall quality of the area. b. Permitted Uses. Uses permitted in the CR-A district shall be as follows:

1. Boat charter, rental, or sales. Boats include kayaks, canoes, stand up paddle boards, sail boats, wind sailing, jet skis, bass boats, cabin cruisers, electric boats, and similar watercraft;

2. Boat storage/yards. Indoor or outdoor storage of boats, including stack storage, boat haul out, maintenance, and boat repair as an ancillary use;

3. Boat tours, including fishing guides and tours of the Delta;

4. Docks and boat launches;

5. Eating and drinking establishments, including restaurants, cafés, take-out, floating restaurants, take-out by boat, and dock dining. Drive-throughs not permitted;

6. Ferry services;

7. Fishing tournaments;

8. Houseboat charter, rentals, and sales;

9. Indoor storage of marine or recreational equipment and supplies;

10.Interpretive and educational facilities;

11.Marinas;

12.Marinas with recreational vehicle parks;

13.Marina mixed-use developments, including restaurants, offices, or retail shops; 93 Ordinance No. 2 of 4

14.Marine schools;

15.Offices;

16.Park and recreation facilities, including tent or recreational vehicle campgrounds;

17.Public safety facilities, including marine patrol, search and rescue, and reclamation district facilities;

18.Recreational vehicle repair and/or storage within enclosed structures;

19.Retail stores;

20.Studios and galleries for artists; and

21.Utilities, minor (utilities and energy efficient improvements to buildings and structures).
c. Uses Requiring a Conditional Use Permit. In the CR-A district the following uses are permitted after the issuance of a conditional use permit:

1. Boat storage/yards when including boat building or manufacturing;

2. Commercial waterfront master plan with a residential component (Residential component subject to the lot and yard requirements, building height and other regulations of multiple family residential districts (M-9, M-12 and M-17) (Sections

9.1.406(e) through (h));

3. Hotels and motels;

4. Utilities, major (Generating plants, electrical substations, water reservoirs, water or wastewater treatment plants, and similar facilities of public agencies or public utilities. A structure that may have a significant effect on surrounding uses shall be regulated under this classification); and

5. Yacht club.
h. Other Regulations.

1. All new commercial development shall be consistent with the Commercial and Industrial Design Guidelines (See Appendix C of this chapter) and is subject to Design Review approval;

3. Boat and houseboat sales may be new or used vessels that are operable and seaworthy;

4. Public safety facilities may include outdoor storage of mobile trailers for disaster preparedness (levee failures, oil spills, earthquakes);

6. Marina and Dock Regulations. Marina and dock projects may be allowed in the CR-A district based on the following criteria, as determined appropriate by the Community Development Director:
a. Proposed locations should be along waterways having an adequate channel width as defined by the State Harbors and Navigation Code; b. Adequate public vehicular access and parking must be provided; c. Off-site improvements, such as required access roads, must be capable of supporting the proposed development and subsequent use; d. Adequate on-site sewage or public sewer disposal must be provided; e. Adequate access for emergency response vehicles must be available; f. Such uses should minimize the conflict with adjacent agricultural uses or natural resources;
g. Adequate potable water must be provided, as appropriate, for all recreational uses; and
h. Encourage public access to the delta and shoreline in conjunction with new dock and marina projects. Such access may be achieved upon the subject property or through cooperative efforts with adjacent property owners.

SECTION 2. California Environmental Quality Act.

An Initial Study/Negative Declaration (IS/ND) was prepared for the proposed project in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Sections 21000 et seq., and the State CEQA Guidelines to evaluate the potential environmental impacts of the project. The IS/ND was made available for public review from November 21, 2021 to December 20, 2021. As detailed therein, the IS/ND concluded the project would not result in a “Potentially Significant” impact with respect to any environmental issue area that would require the incorporation of feasible mitigation measures to reduce the potential project impact to a less-than-significant level.

SECTION 3. Effective Date and Posting.

This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk shall cause the ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation, or by publishing a summary of the proposed ordinance, posting a certified copy of the proposed ordinance in the City Clerk’s Office at least five (5) days prior to the City Council meeting at which the ordinance is to be adopted, and within fifteen (15) days after its adoption, publishing a summary of the ordinance with the names of the Council Members voting for and against the ordinance.
95 Ordinance No. 4 of 4
The foregoing ordinance was adopted with the reading waived at a regular meeting of the Oakley City Council on , 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
__________________________________________
Randy Pope, Mayor Date
ATTEST:
____________________________________
Libby Vreonis, City Clerk Date
96 STAFF REPORT
Approved and Forwarded to the City Council
DATE: February 8, 2022
TO: Mayor and City Council
FROM: Joshua McMurray, City Manager
SUBJECT: Adopt a Resolution Appointing Conan Moats to the Planning Commission to Serve a 2-year term and Changing the Term for Planning Commissioner Shannon Shaw from 2-years to 4-years Background and Recommendation
The City Council discussed the vacant Planning Commission seat at the January 25, 2022 City Council Meeting. The City Council directed Staff to draft a Resolution that would appoint the applicant who came in at sixth place during the October 12, 2021 interviews and to then change the term limit for Planning Commissioner Shannon Shaw from the initial 2-year appointment to a 4-year appointment. The applicant who came in sixth was Conan Moats. At the time this Staff Report was written, Staff has not heard back from Conan Moats to see if he would accept the appointment. Staff will be able to provide more information at the City Council meeting.

Recommendation
Staff recommends the City Council adopt the attached resolution appointing Conan Moats to the Planning Commission to serve a 2-year term and changing the term for Planning Commissioner Shannon Shaw from 2-years to 4-years Attachments

1. January 25, 2022 Staff Report

2. Draft Resolution
97 STAFF REPORT
Approved and Forwarded to the City Council
DATE: January 25, 2022
TO: Mayor and City Council
FROM: Joshua McMurray, City Manager
SUBJECT: Planning Commission Update
Background and Recommendation
The City Council held a Work Session on January 26, 2021 to discuss the possibility of establishing a separate Planning Commission. At that meeting Staff was directed to put together a community survey. On April 13, 2021 the City Council held another Work Session to discuss the results of the community engagement survey concerning the Planning Commission. At the end of that Work Session, the City Council directed Staff to prepare an Ordinance that would re-establish the Planning Commission as a separate body. At the July 13, 2021 City Council Meeting, the City Council adopted Ordinance No. 06-21, which amended and updated the Municipal Code regarding the Planning Commission.

Staff solicited applications during the period from August 13, 2021 to September 10, 2021. A total of 13 applications were received and 12 applicants where interviewed (one applicant did not attend the meeting) at the October 12, 2021 meeting. At that meeting the following applicants were appointed:

Diego Verduzco – 4-year term
Edward Cire – 4-year term
Oleksii Chuiko – 4-year term
Shannon Shaw – 2-year term
Leonard Price – 2-year term
Since that meeting, Staff has been working internally to get the processes set up and the plan was to hold the first Planning Commission meeting on January 18th.

On January 5, 2022, Edward Cire informed me that he could no longer be a Planning Commissioner as schedule change at his employer would make it impossible for him to attend the evening meetings. With that said, and with the Council’s focus on having a fully trained Planning Commission before they take any official action, Staff has paused the Planning Commission start date to gain further feedback from the City Council on how to proceed.
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Planning Commission Update
January 25, 2022

Page 2 of 2 ends

For reference, the meeting minutes have been attached so the City Council has an accurate account of how the 5-member commission was originally appointed.

Staff presents three options to the City Council for consideration. There may be other options discussed at the meeting. The three options Staff is presenting are as follows:
 Re-Interview the 7 applicants who originally interviewed but were not selected.
 Appoint the applicant who was ranked 6th.
 Solicit new applications (for a limited time) to fill the vacant seat.

Recommendation
Staff recommends the City Council provide direction to Staff on how to proceed with the vacant Planning Commission seat.

Attachments

1. October 12, 2021 City Council Meeting Minutes
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Resolution No. XX-22 Page 1 of 2
RESOLUTION NO. XX-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPOINTING

CONAN MOATS TO THE OAKLEY PLANNING COMMISSION AND CHANGING THE TERM LIMIT FOR PLANNING COMMISSIONER SHANNON SHAW FROM 2-YEARS TO 4-YEARS
WHEREAS, on July 13, 2021, the City Council of the City of Oakley adopted Ordinance No. 06-21, which amended provisions of Chapters 3 and 4 of Title 2 of the Oakley Municipal Code concerning the Oakley Planning Commission; and WHEREAS, the City solicited applicants for the Planning Commission through a formal application process. The period ran from August 13, 2021 to September 10, 2021. The City received a total of 13 applications; and
WHEREAS, on October 12, 2021, the City Council conducted interviews for the Planning Commission; and
WHEREAS, on October 12, 2021, the City Council ranked the applicants and selected 5 members to serve on the Planning Commission; and
WHEREAS, after the 5 members were appointed, Planning Commissioner Edward J.

Cire resigned from the Planning Commission on January 5, 2022. City Staff sought direction from the City Council at their January 25, 2022 City Council meeting; and WHEREAS, that direction was to bring back a Resolution that would formally appoint Conan Moats, the sixth place applicant, to the Planning Commission and to also change the initial term limits for Planning Commissioner Shannon Shaw from 2-years to 4- years; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley hereby appoints Conan Moats to the Planning Commission of the City of Oakley and changes the term limit for Planning Commissioner Shannon Shaw from 2-years to 4- years
 Conan Moats, 2-year term
 Shannon Shaw, 4-year term
AND, BE IT FURTHER RESOLVED, that the City Council of the City of Oakley hereby authorizes City Staff to provide the above-appointed individual instruction, training materials and assistance prior to the beginning of their terms.
115
Resolution No. XX-22 Page 2 of 2
PASSED, APPROVED AND ADOPTED this 8th day of February, 2022 by the following vote:

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
________________
Randy Pope, Mayor
ATTEST:
____ _________________
Libby Vreonis, City Clerk Date
116

STAFF REPORT
Approved and Forwarded to the City Council
DATE: February 8, 2022
TO: Mayor and City Council
FROM: Joshua McMurray, City Manager
SUBJECT: Proclamation Policy
Background
Over the course of any given year, the City receives many requests for Proclamations or Ceremonial recognitions. Past practice has been these requests are informally submitted to either the Mayor or Staff and then the Mayor has typically had the discretion as to what would be presented at a future City Council meeting.

It has also been the past practice that the proclamation would be given by the mayor on behalf of the entire City Council.

Staff has compiled some information to guide the discussion in the attached table.

This table is not a comprehensive list but rather an indication of what some of the other cities in Contra Costa County do. It is typical, in most of the cities that responded to our inquiry, the Mayor has discretion to approve proclamation requests and the Mayor presents on behalf of the Council.

Staff is seeking direction in either proceeding with our current past practice or if there is a desire from the City Council to develop an official policy. From Staff’s perspective, an official policy and application process would provide for a fair and equitable process.

Recommendation
Staff recommends the City Council provide direction to Staff.

Attachments

1. Summary Table of Contra Costa Cities
117
City Formal Proclamation Policy? Details
Antioch No All proclamations go through the City Clerk with approval by the Mayor.

Brentwood TBD-on 1/25/22 meeting agenda Proposed policy:

Mayor will consider proclamation from any group/individual as long as the request has some type of local relevance and/or promotes events in Brentwood
Mayor approves proclamations
General criteria:
1) Issues with widespread community interest/concern, with primary emphasis on requests in support of City goals/objectives 2) Recognition of local, civic organization, group or individual achieving outstanding or significant accomplishments
3) Acknowledgement of significant events or celebrations Requests submitted in writing on form at least 30 days prior to recognition/event
Concord No All requests for proclamations go through the Mayor. Proclamations are presented by the Mayor on behalf of the City Council. If the Mayor cannot attend an event, one of the other Councilmembers presents.

Hercules No Proclamations are prerogative of the Mayor. Sometimes staff will request, but always approved by Mayor.

Lafayette Yes; adopted 1/24/22 Proclamations requested by recognized organizations will continue to be placed on the agenda with exception that proclamations requested by individuals ae not considered; ceremonial proclamations will continue to be prepared by the City Clerk but will not be on agendas; Mayor, Vice Mayor and City Clerk will choose events from National Multicultural PTA calendar to be recognized for 2 sequential years by Council in January of each year Martinez No Mayor has sole discretion whether to have proclamation, though often suggested by other Councilmembers or communities of interest; Mayor presents on behalf of Council
118
Pittsburg Yes, but not detailed Policies and Procedures for City Council-Proclamations: Proclamations are not statements of policy but a manner in which the City can make special recognition of an event. The Mayor is responsible for administration of proclamations. Individual Councilmembers do not issue proclamations. The Mayor presents on behalf of the Council.

Richmond No Same as Concord
San Pablo No Proclamations are signed by the Mayor on behalf of the Council San Ramon Yes Same as Brentwood except proclamations are not considered for matters of political controversy, ideological or religious beliefs, individual conviction; however, groups bound by these prohibitions may be recognized for specific actions that meets one of the qualifying criteria (see General criteria # 1-3 Brentwood); Mayor approves; proclamations are presented with language “the City Council does hereby recognize…”
Walnut Creek Yes Proclamations are public announcements or recognitions directing attention to local residents, organizations or events. Proclamations are not statements of policy. Proclamations specifically promoting religious, racial, ethnic or sexual orientation issues will not be considered. The City Council must approve any proclamation of a political nature. The Mayor, without formal action of the City Council, may issue proclamations that adhere to these guidelines. Proclamations can be sent to the requestor or presented at a City Council meeting as arranged with the requesting body and at the Mayor’s discretion. Individual Councilmembers do not issue proclamations. 119

Oakley City CouncilFebruary 8, 2022

Oakley City Council
February 8, 2022