Barba and Shirley A. Del Barba to Emma Del Barba, as to an undivided One-half (1/2) interest,recorded December 31, 1979, in Book 9677 of Official Records, Page 502. PARCEL TWO: An Easement for Access, Parking , Utilities and Drainage as shown in that certain document entitled “Amended and Restated Reciprocal Easement and Management Agreement and Declaration of Covenants, Conditions and Restrictions, recorded September 27, 2017, in Instrument No. 2017-0177054, of Official Record, as amended by that document entitled “First Amendment to Amended and Restated Reciprocal Easement and Management Agreement and Declaration of Covenants, Conditions and Restrictions, recorded August 2, 2019, in Instrument No. 2019-012216, of Official Records. EXCEPTION TABLE 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2019-2020. (NOT A SURVEY MATTER) 2. Prior to close of escrow, please contact the Tax Collector's Office to confirm all amounts owing, including current fiscal year taxes, supplemental taxes, escaped assessments and any delinquencies. (NOT A SURVEY MATTER) 3. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. (NOT A SURVEY MATTER) 4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Pacific Gas and Electric Company, a corporation Purpose: Electrical Facilities Recording Date: October 29, 1908 Recording No: Book 138 of Deeds, Page 353, Contra Costa County Records (EASEMENT NOT DEFINED OF RECORD) 5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Pacific Gas and Electric Company Purpose: Electrical Facilities Recording Date: August 14, 1987 Recording No: Book 13838, Page 143, of Official Records (EASEMENTS PLOTTED HEREON) 6. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat; Purpose: No Ingress and Egress Affects: as shown on map Recording No: Book 508 of Maps, Page 24 (AREAS OF NON-ACCESS PLOTTED HEREON) 7. The requirement that a Deed be recorded to effectual the Lot Line Adjustment LLA-17-01, recorded May 24, 2017, in Instrument No. 2017-0089927, of Official Records (AS SHOWN HEREON) 8. Matters contained in that certain document Entitled: Amended and Restated Reciprocal Easement and Management Agreement and Declaration of Covenants, Conditions and Restrictions Dated: February 06, 2017 Executed by: O’hara Properties, LLC Recording Date: September 27, 2017 Recording No: Instrument No. 2017-0177054, of Official Records Reference is hereby made to said document for full particulars. Modification(s) of said covenants, conditions and restrictions Recording Date: August 02, 2019 Recording No: Instrument No. 2019-0122166, of Official Records (EASEMENTS NOTED HEREON) (BLANKET IN NATURE) 9. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. (NOT A SURVEY MATTER) 10. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: O’Hara Properties, LLC a) A copy of its operating agreement, if any, and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps. c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member. d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity is currently domiciled. e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. f) If Limited Liability Company is a Single Member Entity, a Statement of Information for the Single Member will be required. g) Each member and manager of the LLC without an Operating Agreement must execute in the presence of a notary public the Certificate of California LLC (Without an Operating Agreement) Status and Authority form. (NOT A SURVEY MATTER) 11. The search did not disclose any open mortgages or deeds of trust of record, therefore the Company reserves the right to require further evidence to confirm that the property is unencumbered, and further reserves the right to make additional requirements or add additional items or exceptions upon receipt of the requested evidence. (NOT A SURVEY MATTER) 12. The transaction contemplated in connection with this Report is subject to the review and approval of the Company’s Corporate Underwriting Department. The Company reserves the right to add additional items or make further requirements after such review. (NOT A SURVEY MATTER) TO: QUICK QUACK DEVELOPMENT, LLC, A DELAWARE LLC, AND THEIR RESPECTIVE SUCCESSOR AND OR ASSIGNS AND: FIDELITY NATIONAL TITLE COMPANY This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items 2, 3, 4, 6(b),7(a), 7(b)(1), 8, 9, 11, and 17 of Table A thereof. The fieldwork was completed on July 31, 2020. DATE SURVEYOR'S CERTIFICATE SHANE R. BARBER L.S. 9097 REFERENCES 1 PARCEL MAP (508 M 24)
0 TOTAL0 ACCESSIBLE PARKING STANDARD PARKING0 DESCRIPTION PARKING SUMMARY COMPACT PARKING 0 STALLS 1. All distances shown hereon are in feet and decimals thereof. 2. This survey was prepared from information furnished in a Preliminary Title Report, prepared by Fidelity National Title Company, dated September 06, 2019 Order No. 01003253-010-PA-KD liability is assumed for matters of record not stated in said Preliminary Title Report that may affect the boundary lines, exceptions, or easements affecting the property. 3. Physical items shown on this survey are limited to those items visible as of the date of this survey. Subsurface structures, if any, are not shown with the exception of underground utility lines. The locations of these underground utility lines have been compiled from available plans and no warranty is implied as to the exact location of these lines. Said subsurface objects may include, but are not limited to, concrete footings, slabs, shoring, structural piles, utility vaults, piping, underground tanks, and any other subsurface structures not revealed by a surface inspection. 4. A.P.N.: 035-510-009 5. Zoning Note: This survey makes no evaluation as to compliance with zoning and building codes and/or ordinances other than current municipal building setback line locations. The subject property is currently zoned "RB; Retail Business; Information was obtained from the City of Oakley Planning Department Website on July 31, 2020. 6. Basis of Bearings: The bearing of North 01° 01' 36" East taken on the centerline of O'Hara Drive as shown on that certain Parcel Map filed for record on August 13, 2014 in Book 11 of Parcel Maps at Page 32, San Benito County Records was taken as the Basis of all Bearings shown hereon. 8. Flood Zone Note: The subject property is shown on the Federal Emergency Management Agency Flood Insurance Rate Map, Community Panel Number 060766 0355 G, dated March 21, 2017, as being located in Flood Zone "X"; Areas of determined to be outside the 0.2% annual chance flood. Information was obtained from the FEMA website (www.fema.gov) on July 28, 2020. [email protected] LAUREL RD
O'HARA AVE
EMPIRE AVE MAIN ST SITE
4 4 POST INDICATOR VALVE BACK FLOW PREVENTER CATCH BASIN / DROP INLET WATER METER FIRE DEPARTMENT CONNECTION FENCE PROPERTY LINE LEGEND RECORD INFORMATION W/ REFERENCE TITLE REPORT EXCEPTION NUMBER GAS JOINT TRENCH OVERHEAD TELEPHONE SANITARY SEWER RETAINING WALL SIGN VALVE FIRE HYDRANT FOUND MONUMENT AS NOTED CENTERLINE EASEMENT UTILITY POLE W/ GUY WIRE BOLLARD LIGHT SANITARY SEWER MANHOLE UNDERGROUND ELECTRIC STORM DRAIN WATER ADJACENT PROPERTY LINE STORM DRAIN MANHOLE GAS METER BUILDING LINE W/ DOOR MONITORING WELL TRANSFORMER ABBREVIATIONS CLEAN OUT TRAFFIC SIGNAL POLE 1 (100.00') FIRE SERVICE EDGE OF PAVEMENT MONUMENT LINE BUILDING OVERHANG FOUND IRON PIPE OR AS NOTED UTILITY BOX (SIZE VARIES) STREET LIGHT FLAG POLE NON-ACCESS LIGHT CONCRETE INDEX CONTOUR CONTOUR CURB TREE W/ SIZE AND ELEVATION CURB & GUTTER SPOT ELEVATION BL BUILDING EW EDGE OF WALK FC FACE OF CURB NO. NUMBER O.R. OFFICIAL RECORD PG&E PACIFIC GAS & ELECTRIC PM PARCEL MAP 05 AUG 2020 156
BUILDING EXISTING LAUREL ROAD EASEMENTS FOR ACCESS, PARKING, UTILITIES DRAINAGE AND ENCROACHMENTS
O'HARA LANE
[Doc No. 2017-0177054] BLANKET IN NATURE EASEMENTS FOR ACCESS, PARKING, UTILITIES DRAINAGE AND ENCROACHMENTS [Doc No. 2017-0177054] [BLANKET IN NATURE] PARCEL TWO PARCEL ONE EASEMENTS FOR ACCESS, PARKING, UTILITIES DRAINAGE AND ENCROACHMENTS [Doc No. 2017-0177054] [BLANKET IN NATURE] PARCEL TWO EASEMENTS FOR ACCESS, PARKING, UTILITIES DRAINAGE AND ENCROACHMENTS [Doc No. 2017-0177054] [BLANKET IN NATURE] PARCEL TWO 8 PARCEL B LOT LINE ADJUSTMENT [Doc No. 2017-0089927] 0.798± ACRES 5.00' PG&E EASEMENT [13838 O.R. 143] 5 POINT OF BEGINNING PARCEL B N 89°23'02" W 119.90' S 01°01'36" W 289.41' S 88°58'24" E 119.90'
S 01°01'36" W 290.26'
55.00' 55.00' 63.60' N 89°23'02" W 1259.88'
1293.05' N 01°01'36" E 1605.53'
22.50' 648.02'
9.9' FC 15.0' FC 15.3' FC 14.9' FC 15.3' FC
1.5' EW
15.9' FC 15.0' FC 15.1' FC "NO BUILDING OBSERVED" 12.7' FC 12.6' FC ACCESS
SITE
ACCESS
SITE
ACCESS
SITE ACCESS SITE NON-ACCESS [508 M 24] 6
NON-ACCESS
[508 M 24] 6
(BASIS OF BEARINGS)
55.00' 297.49' 350.52' 0 Scale 1" = ft 20 20 40 60
NORTH
157
A
B
1 2
N₂ N₂ CO₂ BANK SHOPS A FUTURE SHOPS B 4,000 S.F. 6,000 S.F. 15,000 S.F. FUTURE T
T
T FUTURE
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NORTH 0SCALE: 16 32 48 feet 1/16" = 1'-0" TREES QTY BOTANICAL / COMMON NAME CONT WUCOLS DIAMETER 4 Cercis occidentalis / Western Redbud 15 gal. Low 14 Lagerstroemia indica `Cherokee` / Cherokee Crape Myrtle 15 gal. Low 3 Zelkova serrata 'Village Green' / Village Green Sawleaf Zelkova 15 gal. Moderate SHRUBS QTY BOTANICAL / COMMON NAME CONT WUCOLS SPACING 230 Callistemon viminalis `Little John` / Dwarf Weeping Bottlebrush 5 gal Low 3` 101 Helictotrichon sempervirens `Blue Oats` / Blue Oat Grass 5 gal. Low 3` 26 Hemerocallis x `Stella de Oro` / Stella de Oro Daylily 1 gal Low 2`-6"26 Phormium x `Jester` / Variegated Mountain Flax 5 gal. Low 4` 56 Yucca x `Bright Star` / Variegated Spanish Dagger 5 gal Low 3` GROUND COVERS QTY BOTANICAL / COMMON NAME CONT WUCOLS SPACING SPACING 105 Senecio mandraliscae 'Blue Chalk Sticks' / Senecio 1 gal. Low 30" o.c. PLANT SCHEDULE PROPOSED QUICK QUACK CAR WASH EXISTING DRIVE ENTRANCE LAUREL ROAD EXISTING DRIVE AISLE PROPERTY LINE (TYP.) DRIVE-THRU DRIVEWAY CANOPY (VACUUM STATIONS) TRASH AND EQUIPMENT ENCLOSURE EXISTING DRIVE ENTRANCE HYDROZONE/PLANTING DESCRIPTION PLANT FACTOR (PF) IRRIG. METHOD Maximum Applied Water Allowance (MAWA). MAWA= (ETo) (Conversion factor) ((ETAF)(Landscape Area)) + ((1-ETAF) x SLA) (48.3) (.62) (.45 x 4,301) + (1-.45) X 0) =57,959 GALLONS Estimated Total Water use (ETWU). ETWU= (ETo)) (Conversion factor) ((ETAF) (Area)) (48.3) (.62) (1,604) = 48,033 GALLONS IRRIG. EFFICIENCY (IE) ETAF (PF/IE) LANDSCAPE AREA (Sq. Ft.) ETAF x AREA ESTIMATED TOTAL WATER USE (ETWU) TOTALS (A) 4,301 (B)1,604 ETWU Total 48,033 GAL. Total ETAF x Area Total Area (B) 1,604 (A) 4,301 Average ETAF (B / A) .37 Water Efficient Landscape Worksheet - (New plants only) Note: 1. Average ETAF for Regular Landscape Areas must be below .55 for residential areas and .45 for non-residential areas. LOW WATER USE PLANTS MODERATE WATER USE PLANTS REGULAR LANDSCAPE AREA .3.5 .81 .81 DRIP DRIP 4,251 50 .37 .62 1,573 31 47,105 GAL. 928 GAL. ETAF Calculations Regular Landscape Areas EXISTING PLANT LEGEND EXISTING TREE TO REMAIN BIKE RACK PROPERTY LINE (TYP) EXISTING TREE TO BE REMOVED EXISTING DRIVE AISLE DRIVEWAY EXISTING TREE TO BE REMOVED EXISTING ACCENT PAVEMENT APN: 035-510-009 SITE AREA 34,751 +/- S.F. VACUUM STALL PARKING: 11 STALLS PARKING STALLS: 5 STALLS ADA PARKING: 2 STALLS (VACUUM) NEW LANDSCAPE AREA: QUICK QUACK PARKING SITE ACRE .793 +/- ACRE 3,933 S.F. NEW OFF-SITE LANDSCAPE AREA: 368 S.F. TOTAL LANDSCAPE AREA: 4,301 S.F. ON-SITE LANDSCAPE %: 12.3% GENERAL PLAN DESIGNATION: COMMERCIAL (C) PROJECT CALCULATIONS PARKING AREA (2,014 S.F.) LIGHT STANDARD (TYP.) GENERAL NOTES 1. A soils fertility analysis report and recommendations by a certified soils analysis laboratory shall be completed prior to construction. Soil samples shall be collected after site rough grading has been completed. 2. All landscape planting areas shall receive a minimum 3" layer of organic mulch top dressing. 3. All new trees located within 7' of pavement or permanent structure shall have a root barrier. COMPLIANCE STATEMENT I have complied with the criteria of the City of Oakley MWELO ordinance and applied them accordingly for the efficient use of water in the landscape design plan. 3-9-22 IRRIGATION NOTES 1. Irrigation to all plant material shall be low volume drip and shall be operated by a weather based controller with a weather sensor. Irrigation shall conform to City of Oakley water conservation standards. 2. Irrigation infrastructure along the Laurel frontage shall be modified and incorporated into this project's irrigation system per Public Works conditions of approval. Shade Tree 0 @ 706 SF 0 @ 530 SF 0 @ 354 SF 0 @ 177 SF 0 SF TOTAL TREE SHADE 720 SF Paved Area (see hatched area on plan) TOTAL PARKING AREA = 2,014 SF 30% SHADE AREA REQUIRED = 602 SF TOTAL SHADE PROVIDED = 720 SF PERCENT SHADE = 35.5% PARKING LOT SHADE CALCULATIONS 30' Symbol Botanical Name/ Common Name Qty. @ full shade (Sq. Ft.) Qty. @ 3/4 Shade (Sq. Ft.) Qty. @1/2 shade (Sq. Ft.) Qty. @ 1/4 shade (Sq. Ft.) Total (Sq. Ft.) - - - - Shade Tree 0 @ 962 SF 0 @ 722 SF 1 @ 481 SF 1 @ 240 SF 720 SF 35' - - 480 240 Accent Tree 0 SF - Shade Tree 0 @ 491 SF 0 @ 368 SF 0 @ 246 SF 0 @ 123 SF 0 SF 25' - - - - 20' 0 @ 314 SF 0 @ 236 SF 0 @ 157 SF 0 @ 79 SF - - - - 50% 25% FLAG POLE TRANSFORMER VACUUM CANOPY LIGHT STANDARD (TYP.) PEDESTRIAN ACCESS EXISTING TREE TO REMAIN CANOPY LIGHT STANDARD (TYP.) © 2022 CARISSIMI ROHRER MCMULLEN ARCHITECTS AND PLANNERS, INC.
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Resolution No. XX-22 Page 1 of 17 April 12, 2022
RESOLUTION NO. XX-22
A RESOLUTION OF THE CITY OF OAKLEY CITY COUNCIL MAKING FINDINGS AND APPROVING THE PROJECT KNOWN AS “QUICK QUACK CAR WASH AT LAUREL PLAZA CONDITIONAL USE PERMIT (CUP 02-20) AND DESIGN REVIEW (DR 08-20) LOCATED IN THE LAUREL PLAZA SHOPPING CENTER ON THE NORTHWEST CORNER OF LAUREL ROAD AND O’HARA AVENUE (APN: 035-510- 009)
FINDINGS
WHEREAS, on November 12, 2020, Quick Quack Car Wash Holdings, LLC (“Applicant”) filed an application requesting approval of a Conditional Use Permit (CUP 02-20) and Design Review (DR 08-20) to construct a new 3,596 square foot (“sf.”) drivethrough car wash facility located on an approximately 0.8-acre parcel. In addition to the car wash facility, the applicant is requesting approval of vacuum and payment stations, trash enclosures, and associated site improvements (“Project”). The project site is located within the existing Laurel Plaza Shopping Center at the northwest corner of Laurel Road and O’Hara Avenue and is zoned RB (Retail Business) District: APN: 035-510-009.; 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 February 22, 2021 the project application was deemed complete per Government Code section 65920 et. seq; and
WHEREAS, the project site is designated Commercial (CO) on the Oakley 2020 General Plan Land Use Map, and zoned RB (Retail Business) District; and WHEREAS, the proposed project falls within the scope of the original Laurel Plaza Shopping Center Initial Study/Mitigated Negative Declaration (SCH #2008012068) California Environmental Quality Act (CEQA) analyses; and WHEREAS, on January 25, 2022, the City Council held a publicly noticed Work Session on the Laurel Plaza Supplemental Traffic Operations Analysis Assessment at which Council Members provided individual feedback; and WHEREAS, on or before April 1, 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 176
Resolution No. XX-22 Page 2 of 17 April 12, 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 applicable information submitted to the City Council at its April 12, 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”).
A. The proposed project falls within the scope of the original Laurel Plaza Shopping Center Initial Study/Mitigated Negative Declaration (SCH #2008012068) California Environmental Quality Act (CEQA) analyses, thereby requiring filing of a CEQA Notice of Determination with the Contra Costa County Clerk and Governor’s Office of Planning and Research State Clearinghouse following project approval.
B. Regarding the application requesting approval of a Conditional Use Permit to operate a “Drive-through Restaurant and Services” (CUP 02-20), the City Council finds:
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, in that that the entirety of the use and all required setbacks, parking, landscaping and circulation is able to be accommodated;
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 adjacent roadways (Laurel Road and O’Hara Avenue) are both adequate to carry any traffic generated by the use;
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 General Plan intended the area for commercial uses, and the zoning ordinance allows drive-throughs with approval of a CUP and the applicant has taken input from the public, City Council and Staff, including turning the building 180 degrees and agreeing to conduct acoustical analysis after the use is fully operational as a means to ensure the use is as compatible as possible with surrounding uses;
177
Resolution No. XX-22 Page 3 of 17 April 12, 2022
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 Element by creating a new commercial use in a commercial designation that is compatible with the applicable zoning district on the same site, as conditioned in this resolution; 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, in that the proposed use has been found, after additional analysis, to fall within the scope of the original Laurel Plaza Shopping Center Initial Study/Mitigated Negative Declaration (SCH #2008012068), and applicable mitigation measures from that MND will also apply to the proposed project.
C. Regarding the application requesting Design Review approval to develop an approximately 0.8-acre parcel within the Laurel Plaza shopping center with a new 3,596 square foot car wash (DR 08-20), 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 planning 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;
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 Design Guidelines. Roof top equipment is screened from public view;
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 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 existing and already in compliance with the standards for review.
D. 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, 178
Resolution No. XX-22 Page 4 of 17 April 12, 2022
“Quick Quack Car Wash at Laurel Plaza Conditional Use Permit (CUP 02-20) and Design Review (DR 08-20),” 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 March 17, 2022, 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 (BOLD CONDITIONS ADDED OR AMENDED AT PUBLIC HEARING):
Planning Department Conditions
General:
1. This Design Review is approved, as shown on the plans, date stamped by the Planning Department on March 17, 2022, and as conditioned herein.
2. This approval 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 April 12, 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 and plot plans submitted for plan check shall be in substantial compliance with the plans presented to and approved by the City Council on April 12, 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 Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s), if deemed necessary.
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7. All mitigation measures addressed in the environmental document for the original Laurel Plaza Shopping Center (SCH #2008012068) 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 indemnify, defend, and hold harmless the City of Oakley, the City Approving Authorities, and the officers, agents, and employees of the City from any and all claims, damages and liability (including, but not limited to, damages, attorney fees, expenses of litigation, costs of court).
Hours of Operation:
9. Normal hours of operation for the car wash shall be from 7:00 a.m. to 8:00 p.m.
On days Oakley Union Elementary School District schools are in session, the car wash hours of operation shall not begin until at least 8:30 a.m. and maintain the same closing time. The applicant shall work independently with the school district to obtain a calendar of days school is in session.
Noise:
10.The applicant shall ensure that an additional acoustical analysis is conducted within 14 days of the car wash’s full opening for business. The acoustical analysis shall review the operations actual noise levels in comparison to the City of Oakley General Plan thresholds. If the actual noise levels exceed the General Plan thresholds, the applicant shall immediately pursue solutions for attenuation, such as planting of larger trees at the property lines where the sound thresholds are exceeded. The method of attenuation is subject to review and approval of the Community Development Director (“CDD”). If the method of attenuation is not completed within a reasonable amount of time per the CDD’s discretion, it may be cause for a violation of this Conditional Use Permit. In the event additional attenuation is required, the acoustical study shall be repeated within 14 days after implementation of the attenuation per the same requirements as above. Should the original additional acoustical analysis show the business operates within the General Plan thresholds, no additional attenuation shall be required.
Site Plan:
11.All parking stall striping shall be double striped. Parking stalls shall be 9 feet wide by 19 feet deep and all drive aisles shall be a minimum 24 feet in width as reviewed and approved by the Community Development Director.
12.A final lighting and photometric plan shall be submitted prior to the issuance of building permits. The minimum requirement shall be one foot of candle light within public parking areas and pedestrian pathways.
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13.Light poles shall be a maximum height 20 feet, including the base, and shall provide glare shields where adjacent to existing residences per the review and approval of the Community Development Director.
14.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.
15.Storage shall be contained inside the building. Storage containers are not allowed and pallets, boxes, cardboard etc. shall not be stored outside.
Architectural Details:
16.Roof-mounted equipment shall be architecturally screened from view.
17.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:
18.A landscaping and irrigation plan for all front yard, right-of-way, parks, open space, and trail landscaping 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.”
19.California native drought tolerant plants shall be used as much as possible. All trees shall be a mix of 15-gallon and 24-inch box; all shrubs shall be a minimum five-gallon size, except as otherwise noted.
20.All landscaped areas not covered by shrubs or groundcover shall be covered with bark or acceptable alternative as reviewed and approved by the Community Development Director. On slopes greater than 3 to 1, the Applicant shall use an alternative to bark per the review and approval of the Community Development Director. Areas covered with bark shall use a weed barrier.
21.The Applicant shall maintain all private landscaping until occupancy. 181
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Signage:
22.All proposed permanent and temporary signage shall meet the requirements of the Laurel Plaza Master Sign Program approved by the City of Oakley on April 21, 2008, as applicable, and with the City’s Zoning Ordinance. All proposed signage shall be reviewed by the Planning and Building Divisions.
Waste Management Plan:
23.The Applicant shall submit a Waste Management Plan that complies with the City of Oakley Construction and Demolition Debris Recycling Ordinance.
Building Division Conditions
24.Plans shall meet the currently adopted Uniform Codes as well as the newest T-24 Energy requirements from the State of California Energy Commission. To confirm the most recent adopted codes please contact the Building Division at (925) 625- 7005.
25.Prior to requesting a Certificate of Occupancy from the Building Division, all Conditions of Approval required for occupancy must be completed. When the Public Works Division and the Planning Division place Conditions of Approval on the project, those divisions will sign off on the project prior to the request for a Building division final inspection. Similarly, if the Health Department and/or Fire Department reviewed and approved the original plans, those departments must sign off on the project prior to the request for a final inspection by the Building Division.
Public Works and Engineering Conditions
THE FOLLOWING SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF AN ENCROACHMENT AND/OR GRADING PERMIT:
26.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.
27.ENCROACHMENT PERMIT. All work in the public right-of-way, including any lockage or partial closure of sidewalks will require an Encroachment Permit. 182
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Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required.
28.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.
29.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.
30.PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of any site work, the general contractor shall:
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.
31.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.
32.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. 183
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33.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 lateafternoon 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 when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered.
34.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.
35.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 8:30 A.M. to 2:30 P.M. on M, T, TH & F. 8:30 A.M. to 12:00 P.M. on W. d. The traffic control plan shall be reviewed for compliance to the project’s Haul Route, approved by the City of Oakley.
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e. A full road closure will require a detour plan and a road closure permit issued by the Public Works Department.
36.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.
37.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 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.
38.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.
39.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.
40.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.
41.GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be 185
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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.
THE FOLLOWING SHALL BE SATISFIED PRIOR TO THE APPROVAL OF THE GRADING PLAN:
42.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, on-site 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.
43.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 186
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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 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
44.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.
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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.
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:
45.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 and stormwater pond 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.
46.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.
47.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.
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48.JOINT TRENCH PLANS. The applicant shall submit Joint Trench Composite Plans to the City for review prior to approval of improvement plans or issuance of the building permit. 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.
49.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:
50.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.
51.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 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.
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52.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.
53.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.
54.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 onsite landscaping at the property owner’s expense to a standard acceptable and agreed upon by the City.
55.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.
56.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 "as-built" 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.
57.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. 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);
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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).
58.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 issuance of the building permit.
b. Participate in the provision of funding to maintain police services by voting to approve a special tax. 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 issuance of the building permit. If the commercial building is 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.
c. 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 issuance of the building permit.
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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 Ironhouse 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. This project may be subject to the requirements of the Army Corps of Engineers.
It is the Applicant's responsibility to notify the appropriate district of the Corps of Engineers to determine if a permit is required, and if it can be obtained.
I. The Applicant shall obtain an encroachment permit for construction within existing City rights of way.
PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the April 12, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
Randy Pope, Mayor
ATTEST:
Libby Vreonis, City Clerk Date
192
STAFF REPORT
Approved and Forwarded to the City Council
Date: April 12, 2022
To: City Council
From: Joshua McMurray, City Manager
Derek Cole, City Attorney
Subject: Adopt a Reimbursement Agreement with ACD-TI Oakley, LLC, a California limited liability company, related to the Widening and Construction of East Cypress Road, Bethel Island Road, Rock Slough Bridge, and Jersey Island Road related to the Grand Cypress Preserve Development Project
Background and Analysis
The Grand Cypress Preserve Project is the largest residential development in Oakley and a major component of the East Cypress Corridor Specific Plan. When originally approved, the East Cypress Corridor Specific Plan had several property owners in control of multiple large pieces of land. Eventually, these pieces of lands were acquired and made into the largest residential subdivision project in Oakley, and what is today referred to as the Grand Cypress Preserve.
The Grand Cypress Preserve Project is made up of six Vesting Tentative Maps approved under the titles, “KT KB Oakley, LLC Subdivision 9311,” “Lesher Subdivision 9404,” “Dal Porto Subdivision 9401,” “Bethel Island, LLC Subdivision 9156,” “Pacific West Communities, Inc. MS 11-976,” and the “Farr Tentative Parcel Map MS 15-976.” Combined, the six subdivisions include approximately 1,256 acres and 3,167 single family residential lots. These subdivisions have approved Development Agreements with the City, and their approvals go as far back as 2005.
Some of the most critical public infrastructure projects for the Oakley community will be constructed to modern City standards as part of the Grand Cypress Preserve Project. These improvements include the widening of East Cypress Road between Jersey Island Road to Bethel Island Road, widening the full width of Jersey Island Road along the development frontage, and Bethel Island Road from East Cypress Road to Rock Slough Bridge, and the construction of Rock Slough Bridge.
The construction of the above referenced infrastructure projects will go a long way in improving the roadway system in the far east end of Oakley and enhance the quality 193
of life and safety for the residents of the area by providing emergency vehicle and evacuation routes with the construction of the fully improved East Cypress Road from the canal crossing to the intersection of East Cypress Road and Bethel Island Road and ultimately a secondary exit route, which would be the southerly extension of Bethel island Road over a new bridge over Rock Slough and ultimately connecting to Byron Highway, which will be of critical importance in times of emergencies that require evacuation of the residents. The construction cost of these public infrastructure projects is estimated at over $64M. These infrastructure projects once constructed will not only benefit the new residents of the Grand Cypress Preserve subdivisions, but also the residents of far east Oakley. There is logic supported by the prior approvals and the East Cypress Corridor Specific Plan, that the developer of the Grand Cypress Preserve Project be entitled to receive reimbursements and or credits for a part of their expenditures constructing these public improvements.
Staff has been working with the developer of the Grand Cypress Preserve Project over the past several months to determine the number of reimbursements that this developer would be entitled to, as a part of their constructing the public infrastructure.
The result of staff’s work is the attached reimbursement agreement in the amount of $28,607,254.81 that will ensure that all the public infrastructure will get constructed in a timely manner. As described in the Fiscal Impact section below, the finding sources for this agreement come from three distinct sources.
The other terms of the agreement include the following:
Requiring the improvements related to the total reconstruction of East Cypress Road to provide a 4-lane divided roadway from the canal to the East Cypress Road and Bethel Island Road intersection within 24 months of the developer starting work.
Locks in the Traffic Impact Fee at the rate effective as of January 1, 2022 ($13,399.20 per lot) for a period of 5 years after the improvements are completed.
In the event the Burroughs Property does not sell and the City then needs to transfer the Burroughs Property from the City to the Developer, the Developer is required to work in good faith with Westgate Ventures (City’s partner on the Burroughs Property project) to complete the Burroughs project as approved. During the construction of the improvements, the Developer is required to submit to the City for review and approval any change orders in excess of $100,000.
Fiscal Impact
The reimbursement that is part of this agreement will come from three sources:
The City’s Traffic Impact Fee Fund as a per lot credit for the developer totaling $10,041,089.00; and
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The estimated sum of $11,755,637.00 from the sale of property the City owns (Burroughs Property); and
The estimated sum of $6,781,165.81 from additional sources the City shall identify, which may include the issuance of bonds.
Staff Recommendation
Staff recommends that the City Council adopt the resolution approving the reimbursement agreement for traffic fee credits with ACD-TI Oakley.
Attachments
1) Resolution
2) Reimbursement Agreement
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00085220.1
RESOLUTION NO._________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY
APPROVING THE AGREEMENT BETWEEN THE CITY OF OAKLEY AND
ACD-TI OAKLEY, LLC CONCERNING REIMBURSEMENT FOR
CONSTRUCTION OF IMPROVEMENTS RELATED TO THE GRAND
CYPRESS PRESERVE PROJECT
WHEREAS, ACD-TI Oakley, LLC (“Developer”), the developer of the Grand Cypress Reserve Project (“Project”), has land use entitlements to develop nearly 3,000 units within the East Cypress Corridor Specific Plan Area (“Specific Plan Area”).
WHEREAS, as a condition to the development of the Project, the Developer is required to design, construct, and install offsite or excess capacity traffic improvements, and to dedicate land to construct such improvements (the “Improvements”).
WHEREAS, the Improvements include the widening of East Cypress Road between Jersey Island Road to Bethel Island Road, widening the full width of Jersey Island Road along the development frontage, and Bethel Island Road from East Cypress Road to Rock Slough Bridge, and the construction of Rock Slough Bridge.
WHEREAS, Developer’s cost to construct all the Improvements is estimated to be $64,384,180.70; if Developer were to receive the full fair-share contributions for the portions of the Improvements not attributable to its Project, Developer would receive $45,282,800.99 (“Full Fair-Share Amount”).
WHEREAS, the City and Developer seek to memorialize their agreement that Developer receive reimbursement, from specified sources, for $28,607,254.81 of the total cost of the Improvements.
WHEREAS, the City and Developer further agree to memorialize their agreement as to how the City will take such further actions as necessary to secure reimbursement of Developer’s Full Fair-Share Amount from properties that obtain future entitlements within the Specific Plan Area.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Oakley hereby approves the Agreement Between the City of Oakley and ACD-TI Oakley, LLC Concerning Reimbursement for Construction of Improvements Related to the Grand Cypress Preserve Project (“Agreement,” a true and correct copy of which is attached as Exhibit A to this Agreement), and the City Council authorizes the City Manager to execute the Agreement on the City’s behalf.
BE IT FURTHER RESOLVED, The City Council finds that the approval of the Agreement is not subject to the California Environmental Quality Act (“CEQA”) because such approval is not a project, as it involves government funding activities per CEQA Guidelines (California Code of Regulations, Title 14) section 196
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15378(b)(4), and all environmental impacts associated with the Project have been previously analyzed during the Project’s entitlement processes.
The foregoing resolution was adopted at a regular meeting of the City Council of the City of Oakley held on the 12th day of April, 2022 by Councilmember _________________, who moved its adoption, which motion being duly seconded by Councilmember _______________, was upon voice vote carried and the resolution adopted by the following vote:
AYES:
NOES:
ABSTENTION:
ABSENT:
APPROVED:
__________________________
Randy Pope, Mayor
ATTEST:
______________________________________
Libby Vreonis, City Clerk Date
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00085247.1 1
AGREEMENT BETWEEN THE CITY OF OAKLEY AND ACD-TI OAKLEY, LLC
CONCERNING REIMBURSEMENT FOR CONSTRUCTION OF IMPROVEMENTS
RELATED TO THE GRAND CYPRESS PRESERVE PROJECT
This Agreement for the design and construction of traffic and park improvements for the Grand Cypress Preserve Project, and for reimbursement of improvement costs (“Agreement”), is entered into as of April 13, 2022 (“Effective Date”) and is made by and between the City of Oakley, a California municipal corporation (“City”) and ACD-TI Oakley, LLC, a California limited liability company (“Developer”). City and Developer are collectively referred to within as “Parties” to this Agreement.
RECITALS
A. Developer owns the real Property described in Exhibit A, attached hereto, and incorporated herein by this reference (“Property”).
B. Developer’s predecessors-in-interest obtained various approvals and entitlements (the “Approvals”) for development of the Property, including the following:
1. Environmental Impact Report. Pursuant to the California Environmental Quality Act of 1970, Pub. Res. Code §§ 21000-21178, as amended and the Guidelines for Implementation of the California Environmental Quality Act, Cal. Code Regs. Title 14, §§15000-15387 (collectively, “CEQA”), the City Council certified a final environmental impact report for the Grand Cypress Preserve Project (SCH No. 2007012075) pursuant to Resolution No. 116-07 (“Project EIR”).
2. East Cypress Corridor Specific Plan (“Specific Plan”). The City Council, after a duly noticed public hearing and certification of the Project EIR, introduced, and adopted Ordinance No. 10‐09, adopting the Specific Plan and rezoning the plan encompasses (“Specific Plan Area”) to SP‐1 District.
3. Vesting Tentative Maps. The City Council, after a duly noticed public hearing and certification of the Project EIR, adopting resolutions approving six separate Vesting Tentative Maps associated with the Grand Cypress Preserve Project as follows (listed in order of Planning Area number):
a. KT KB Oakley, LLC Subdivision 9311 (Planning Area 1):
Resolution No. 45‐ 12 adopted May 8, 2012. Subdivided 334 acres into 276 single family residential lots. Also included 227 acres of wetland/open space (TM 01‐12). b. Lesher Subdivision 9404 (Planning Area 1): Resolution No. 98‐15 adopted July 14, 2015. Subdivided 355 acres into 1,056 single family residential lots (TM 03‐15). Resolution 150‐20 adopted November 10, 2020. Subdivided 14.7 acres into 227 single family residential lots (TM 04‐20). 198
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c. Dal Porto Subdivision 9401 (Planning Area 3): Resolution No. 96‐ 15 adopted July 14, 2015. Subdivided 183 acres into 403 single family residential lots (TM 02‐15).
d. Bethel Island, LLC Subdivision 9156 (Planning Area 4): Resolution No. 122‐ 11 adopted November 8, 2011. Subdivided 351 acres into 933 single family residential lots and 195 apartments (TM 02‐11). Resolution No. 149‐20 adopted November 10, 2020. Subdivided 10.9 acres into 162 single family residential lots (TM 03‐20).
e. Pacific West Communities, Inc. Tentative Parcel Map MS 11-976 (Planning Area 6-H): Resolution No. 11-12 adopted January 24, 2012 (TPM 01- 11). Subdivided two parcels totaling approximately 16.44 acres into four parcels. f. Farr Tentative Parcel Map MS 15-976 (a portion of Planning Area 6-W): Resolution No. 97-15 adopted July 14, 2015 (TPM 02-15). Subdivided approximately 2.1-acre parcel into two lots of approximately 47,000 square feet and approximately 43,400 square feet. Resolution No. 91-18 adopted July 10, 2018.
Approving applicant's request for Farr MS 15-976 Tentative Map Extension (TME 02-18)
4. Development Agreements have been recorded for the six separate subdivision projects as listed in Recital B.3 of this Agreement as follows (listed in order of approval):
a. Lesher (Planning Area 1): Recorded October 11, 2005. Approved through adoption of City Council Ordinance No. 25‐05 on September 25, 2005. b. Bethel Island, LLC (Planning Area 4): Recorded February 8, 2012.
Approved through adoption of City Council Ordinance No. 26‐11 on January 10, 2012.
c. Lesher (Planning Area 1): Recorded May 2, 2012. Approved through adoption of City Council Ordinance No. 25‐11 on January 10, 2012. d. Pacific West Communities, Inc. (Planning Area 6-H): Recorded February 8, 2012. Approved through adoption of City Council Ordinance No. 27- 11 on January 10, 2012.
e. KT KB Oakley, LLC/Lesher (Planning Area 1): Recorded July 6, 2012. Approved through adoption of City Council Ordinance No. 03‐12 on May 22, 2012.
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f. Dal Porto (Planning Area 3): Recorded January 15, 2016. Approved through adoption of City Council Ordinance No. 10‐15 on August 11, 2015.
D. As a condition to the development of the Property, City’s Approvals required Developer to design, construct, and install offsite or excess capacity traffic improvements, and to dedicate land to construct such improvements (collectively, “Improvements”), subject to reimbursement and fee credits from City to Developer in accordance with applicable law. The Improvements that Developer will construct are identified in the attached Exhibit B. These improvements include the widening of East Cypress Road between Jersey Island Road to Bethel Island Road, widening the full width of Jersey Island Road along the development frontage, and Bethel Island Road from East Cypress Road to Rock Slough Bridge, and the construction of Rock Slough Bridge.
E. The purpose of the Agreement is provide for the reimbursement for Developer’s construction of excess improvements, beyond its fair-share obligations, related to the Improvements. The rights and interests of Developer and City relative to the development, timing, maintenance and repair, and ownership of the Improvements are contained in the Approvals and are not intended to be changed, amended, or superseded by this Agreement.
F. Developer’s estimated cost to construct all the Improvements is estimated to be $64,384,180.70, as more fully described in the attached Exhibit B. Of the total amount of the cost of the Improvements, the Parties to this Agreement seek to memorialize their agreement that Developer receive reimbursement, from the sources described within, for $28,607,254.81 of the total cost of the Improvements (“Reimbursement Obligation”).
G. The Parties agree that if Developer were to be reimbursed up to its full faire share to construct the Improvements under the Approvals, it would receive reimbursement in the amount of $45,282,800.99, plus or minus any True-Up Amount (as defined below) applied to the Reimbursement Obligation (“Full Fair-Share Amount”). Through this Agreement, the Parties provide mechanisms by which City shall be required to take additional steps in order to reimburse Developer up to the Full Fair-Share Amount, but notwithstanding those additional steps, shall be required to reimburse Developer the Reimbursement Obligation at a minimum.
H In exchange for Developer’s construction of the Improvements, the Parties intend to provide reimbursement in the amount of the Reimbursement Obligation to Developer for certain of its Improvement costs, as described in the preceding Recital, from three sources. These include the estimated sum of $10,041,089.00 from City’s Traffic Impact Fee (“TIF”) Fund (“TIFF”); the estimated sum of $11,755,637 (“Property Transfer Amount”) from the sale of property City owns, as described within; and the estimated sum of $6,781,165.81 (“Remaining Payment”) from additional sources City shall identify, which may include the issuance of bonds.
I. Nothing in this Agreement is intended to, or shall be construed, as a modification, amendment to, or change to any of the entitlements that comprise the Approvals. The purpose of 200
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this Agreement is solely to provide for reimbursement mechanisms for Developer as more fully described within.
AGREEMENT
NOW, THEREFORE, in consideration of their mutual promises as set forth in this Agreement, and subject to the terms, provisions, and conditions set forth below, City and Developer hereby agree as follows:
1. Recitals. The foregoing Recitals are true and correct, and hereby incorporated into the Agreement as if set forth in full herein.
2. General Obligations of the Parties. In exchange for Developer’s construction of the Improvements, as provided in Section 6 of this Agreement, City agrees to reimburse Developer as provided in Sections 3, 4, 5, 7 and 8 of this Agreement. Additionally, City shall undertake such actions as are required in Section 8, which actions would result in the transfer of further funds from future entitled properties in the Specific Plan Area, whether through TIF or other direct obligations of future developers to pay their fair share of the Improvements. Upon completion of the East Cypress Road Improvement, between Jersey Island Road and Bethel Island Road, including full intersection improvements at both ends (Projects 1, 2, and 3, as referenced in Exhibit B, “East Cypress Improvement”), Developer shall be entitled to TIF credits as set forth and defined in Section 3, below. Further, upon the construction of Projects 1 through 3 as referenced in Exhibit B, the Reimbursement Obligation shall be modified to reflect the actual costs incurred by Developer in the construction of Projects 1 through 3 as referenced in Exhibit B. To the extent a modification is necessary, then the Reimbursement Obligation shall be increased or decreased based upon the difference between the projected cost and actual cost of each of the three projects multiplied by their True-Up Percentages (as defined in the attached Exhibit B), the result of which will be added to or subtracted from the Reimbursement Obligation (the “True-Up Amount”).
3. Reimbursement from the TIFF
A. Authority for Reimbursement.
i. Development of the Property is subject to the payment of City of Oakley TIF per the Approvals.
ii. City’s Municipal Code authorizes credits and reimbursements applicable to Oakley Traffic Impact Fees (1) by landowners who have advanced funds for the construction of roadway infrastructure that otherwise would be paid from the revenue of the fees collected by City under its Traffic Impact Fee program, and (2) by landowners who roadway infrastructure that otherwise would be paid for from the revenue of the fees collected by City under its fee program. iii. As required by the Approvals, Developer is willing to advance the costs of designing, financing, constructing, and installing for the approved 201
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Improvements, subject to fee credits on a per lot basis for the costs paid or incurred for the construction of the Improvements, as set forth below. iv. City will benefit from the Improvements and may later collect fees in amounts that are attributable to other benefitted properties, and therefore City will provide Developer with such credits and City thereafter will collect additional fees from others benefitted by the Improvements. City has found that this Agreement is in accordance with the requirements of its Municipal Code and with California Government Code Section 66485 through 66489.
B. Source and Method of Reimbursement. Fee credits shall be provided under this Agreement for Improvements that have been constructed and accepted by City or bonded in accordance with City ordinances and policies or secured by Developer in a manner satisfactory to the City Engineer. The Improvements shall be constructed per the timelines and phasing set forth in the Approvals.
C. Fee Credits. Upon completion of the East Cypress Improvement, Developer, or its assigns, shall be entitled to a fee credit for one-hundred percent (100%) of the TIF (“TIF Credit”) for the first 747 lots constructed, which would otherwise be paid for each lot upon the pulling of a building permit for the construction of a unit on such lot.
For all lots above this amount, Developer shall pay the full amount of the fee as stated in Paragraph 3.D of this Agreement.
D. Amount of Fee. City agrees that Developer shall, from the Effective Date through five years from the acceptance by City of the East Cypress Improvement, as described in Section 6.E, below, pay the TIF in the amount of $13,399.20 per lot, as existed on January 1, 2022; and thereafter, Developer shall pay the TIF in the amounts as then exist, subject to any increases, whether automatic or discretionarily imposed.
4. Proceeds from Sale of Burroughs Property
A. Purchase Transaction Terms. The Parties acknowledge that City is the owner in fee of 27.0 acres of real property located at East Cypress Road and Knightsen Avenue, as more particularly described as Contra Costa County Assessor Parcel No. 032- 081-025 (“Burroughs Property”). As of the Effective Date, City is in contract for the sale of the Burroughs Property (“Purchase Transaction”) to D.R. Horton Bay, Inc. (“Purchaser”) for the purchase price of $12,118,602 (“Purchase Price”) with closing of the purchase required to occur on or before September 29, 2022 (“Closing Date”). The Parties acknowledge City is obligated to pay a broker commission of upon the closing of this transaction, following which City would effectively receive $11,755,637, the Property Transfer Amount.
B. Transfer of Property Transfer Amount for Benefit of Developer. As an additional component of City’s Reimbursement Obligation to Developer, City shall within 30 days of City’s receipt of the Property Transfer Amount, transfer the Property Transfer 202
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Amount into escrow for the benefit of and distribution to Developer, as provided in Section 7 of this Agreement.
C. City Obligation Upon Failure to Close Purchase Transaction. Should City fail to close the Purchase Transaction by the Closing Date, or by such extended closing date, but no later than February 28, 2023, City shall, within ten business days, offer to transfer title to the Burroughs Property, free of any and all encumbrances, by grant deed to Developer. Developer shall be commercially reasonably required to accept such property in satisfaction of the Property Transfer Amount within five business days. Upon which acceptance, City shall transfer title to the Burroughs Property as set forth above, within three business days. Upon such transfer, Developer shall thereupon own the Burroughs Property free and clear, and shall have all rights related to the quiet enjoyment, right to develop, and ability to alienate the Burroughs Property as it in its sole discretion chooses to exercise. Upon the effective date of such transfer of title, City shall be deemed to have transferred to Developer an amount in value equivalent to the Property Transfer Amount for purpose of its Reimbursement Obligation under this Agreement. Should City transfer title to the Burroughs Property to Developer, City shall defend, indemnify, and hold harmless Developer from any claims, lawsuits, or legal actions arising from or relating to the failure to close the Purchase transaction with Purchaser. In the event Developer in its commercially reasonable judgment decides not to accept the transfer of the Burroughs Property, the Property Transfer Amount shall be satisfied pursuant to the terms of Section 8, below.
D. Developer Obligation to Adjacent Property Owner Upon Acceptance of Title to Burroughs Property. In the event City fails to close the Purchase Transaction and Developer elects to accept title to the Burroughs Property in lieu of the Property Transfer Amount as described in Section 6.C, above, Developer shall cooperate with the owner of adjacent property (“Adjacent Property Owner”) located at the northeast corner of East Cypress Road and Knightsen Avenue, as more particularly described as Contra Costa County Assessor Parcel Nos. 032-081-026 and 032-081-025, or Subdivision 9557 Vesting Tentative Map 01-21 (“Adjacent Property”), in pursuit of entitlements and construction of improvements relating to a road that will service both the Burroughs Property and Adjacent Property (“Service Road Improvement”). Both Developer and Adjacent Property Owner will agree not to impede any development and will cooperate with the development of their respective properties. Developer shall further agree to contribute its appropriate fair share, payable within a reasonable time before construction, in the costs of construction of the Service Road Improvement with Adjacent Property Owner. Such fair-share cost allocation of the Service Road Improvement shall be split based on the number of entitled lots for each party’s respective development.
5. Remaining Payment.
A. Obligation of Remaining Payment. As to the portion of the Reimbursement Obligation other than the TIF credits, as provided in Section 3, and payment of the Property Transfer Amount or transfer of title to the Burroughs Property, as provided in Section 4, City shall fund the remaining balance of the Reimbursement 203
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Obligation through the Remaining Payment. City shall be responsible for identifying a source or sources of such payment, and guaranteeing such payment, through other financing mechanisms available to City, including but not limited to, the issuance of bonds.
B. Timing of Remaining Payment. The Remaining Payment shall be deposited into escrow, as provided in Section 7, below, for the benefit of and distribution to Developer within four months from the date Developer obtains an approval from Contra Costa Water District (“CCWD”) for the construction of the levee improvements (“Levee Improvements”) as set forth in the Specific Plan and/or Development Agreements (“Levee Approval”). Upon obtaining the Levee Approval, Developer shall provide appropriate notice to City. Thereafter, upon receipt of notice, City shall have ten (business days to commence the process necessary to obtain funds due on the Remaining Payment. The full amount of the Remaining Payment shall be deposited into escrow, as provided in Section 7, below, within four months thereafter.
6. Developer’s Construction of the Improvements
A. Design and Construction of Improvements. Developer shall be solely responsible for designing, financing, bonding, constructing, installing, and providing for the inspection of the Improvements.
B. Inspection. City shall have the right at all times to inspect the construction of the Improvements to confirm compliance with City plans and specifications.
C. Process and Procedures. Developer shall be responsible for complying with all applicable laws, codes, regulations, or standards set forth by City Engineer relating to contracting and construction procedures. Developer will be responsible for completing its work on accordance with Exhibit B. Developer agrees to submit any requests for change orders over $100,000 to the City Engineer for advance approval.
D. Timing of East Cypress Improvement. Within fifteen (15) business days of obtaining the Levee Approval, Developer shall commence all necessary actions to obtain grading and building permits for the commencement of construction of the Levee Improvements and East Cypress Improvement. Thereafter, Developer shall diligently pursue the construction of the Levee Improvements and East Cypress Road Improvement with the intent of completion within twenty-four months, barring any unforeseen circumstances or force majeure events, including without limitation, weather delays, material shortages, or government stoppages which were not otherwise contemplated by the Parties.
E. Completion. At such a time as Developer believes that each Phase of the Improvements is complete, Developer shall provide written notice to City, requesting an inspection. Within five business days or as mutually agreed following the date of receipt of Developer’s written notice of completion of that Phase of the Improvements, the City shall conduct a final inspection of that Phase. If, during the final inspection, the City determines that Phase of the Improvements has not been completed in accordance with all 204
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applicable codes, regulations, permits, and approved plans, City shall prepare a punch list of all items to be completed by Developer and shall provide such punch list to Developer within five days or as mutually agreed following the final inspection. If City delivers such punch list to Developer within said five business day period or period mutually agreed upon, then Developer shall undertake to repair such punch list items in a diligent manner within sixty calendar days. Upon completion of the punch list work, Developer shall request another final inspection from City and within five business days following such written notice from Developer, City shall conduct another final inspection. If City determines that the punch list work is complete, and no other deficiencies are identified, Developer will be deemed to have successfully completed the final inspection. If City determines that the punch list work is not complete, then City and Developer shall repeat the inspection/punch list procedures specified in this Section until the successful completion of the punch list work and final inspection. At such time as Developer has successfully completed the final inspection, City shall initially accept the completed Phase of the Improvements within thirty calendar days thereafter. City shall not unreasonably withhold, delay, or condition acceptance of any phase of the Improvements. In no event shall City withhold, delay, or condition the issuance of building permits to Developer based on the timing of the commencement or completion of the Improvements. City shall use good faith, diligent efforts to expedite the inspections and initial acceptance of the Improvements, including scheduling City Council hearings for initial acceptance at the next available Council meeting following a successful final inspection.
F. Conveyance of the Improvements. Once the Improvements (or one of the Phases, should Developer offer completed Improvements in Phases) are accepted by City and no liens have been filed with respect to the Improvements (or Phase) within ninety days following the date of filing the Notice of Completion (or if valid liens were filed during such period, such liens have been bonded around or removed prior to acceptance), the Improvements shall become the property of City. Developer shall take all actions necessary to convey to City and vest in City full, complete and clear title to the Improvements (or Phase) through City’s initial and final acceptance procedures. Initial acceptance, for purposes of this Agreement, is defined as the date upon which the one-year warranty period of the Improvements expires. As contemplated in Paragraph 6.E above, this and conveyance acceptance can occur separately for each Phase of the Improvements.
G. Delivery of Plans and Specifications. At the request of City and only upon completion of the Improvements, Developer shall deliver to City copies of all plans, specifications, shop drawings, as-built plans, operating manuals, service manuals, warranties and other documents relating to the design, construction, installation, and operation of the Improvements. Plans shall be submitted in CAD format, GIS format and PDF format as acceptable to City.
H. Liens, Claims, and Encumbrances. Prior to acceptance of the Improvements by City, Developer shall provide a written guarantee and assurance to City that there are no liens, claims, or monetary encumbrances on the Improvements. 205
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7. Payment Schedule Related to Property Transfer Amount and Remaining Payment. Immediately upon receipt of the Property Transfer Amount and/or the Remaining Payment amount, City shall transfer such funds to an independent third party that is responsible for holding the funds in escrow (“Escrow”) and for the payment of such funds to Developer based upon Developer’s submission of documentation to certify that work on the Improvements has been undertaken. Developer shall request in writing an advance of funds from the Escrow (each, an “Advance”) to pay for expenditures relating to the Improvements. In order to access Advance funds from the Escrow, Developer shall:
A. Represent, warrant, and certify that (1) whatever portion of such work that has been completed to date has been completed in good and workmanlike manner in accordance with all applicable legal requirements and the approved plans and specifications; (2) if such request is the first Advance request for any particular Improvement, Developer shall enclose a copy of any license, permit or other approval by City or other authoritative agency required to commence the applicable Improvement project, and each such license, permit or other approval is in full force and effect (and for each Advance request, Developer certifies that the same remain in full force and effect); and (3) all prior additional Advances have been spent on the expenses for which such additional Advances were made, and no proceeds of the Property Transfer Amount or Remaining Payment have been used to pay for labor, materials, equipment, work, services or supplies other than for the Improvements as defined in this Agreement; and B. Enclose (1) copies of documentation that includes copies of bills, invoices, receipts and other documentation requested by City to be reimbursed or paid by the Advance; (2) a schedule identifying each person that supplied materials or labor in connection with the Improvements to be funded by the requested Advance; (3) a reconciliation by Developer of the progress and cost of the completion of the Improvements through the date of the Advance request.
8. Reimbursement from Future Entitled Properties within Specific Plan Area.
A. Satisfaction of the Reimbursement Obligation. As further consideration for the covenants provided herein, City agrees that it shall collect fair-share contributions, including but not limited to TIF funds, other impact fees, or other sources (“Future Developer Fair-Share Contributions”), from developers of properties that are not currently entitled within the Specific Plan Area. To the extent that the Reimbursement Obligation plus any True-Up Amount has not been met, then Developer will receive one-hundred percent (100%) of the Future Developer Fair-Share Contributions until both the Reimbursement Obligation and True-Up Amount, to the extent such amount has been increased, have been fully paid.
B. Satisfaction of the Full Fair-Share Amount. Once the Reimbursement Obligation plus any True-Up Amount has been fully paid, City shall reimburse Developer for fifty percent (50%) of such Future Developer Fair-Share Contributions, as they are collected, and transmit the same on a quarterly basis, to Developer for the difference between the Reimbursement Obligation and Full Fair-Share Amount, until such time as 206
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this full difference is paid. City further agrees that should it amend the Specific Plan to provide for more than the 5,759 residential units the Specific Plan presently authorizes, City shall reimburse, to the extent it collects Future Developer Fair-Share Contributions for any units beyond this current amount, for fifty percent (50%) of such contributions collected until the difference between the Reimbursement Obligation and Full Fair-Share Amount is paid in full. Nothing in this Section 8 shall be construed as applying to any property, lots, or units owned or entitled now or in the future by Developer or its assigns.
9. Indemnity Obligations of Developer. Developer agrees to indemnify, defend and hold harmless City, and its elected and appointed officers, agents, employees, and representatives from claims, costs and liabilities for any personal injury, death, or property damage which may arise, directly or indirectly, from operations performed under this Agreement by Developer or by Developer’s contractors, subcontractors, agents, or employees, whether such operations were performed by Developer or any of Developer's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as an agent for Developer or any of Developer's contractors or subcontractors, provided that Developer shall have not indemnification obligation with respect to negligence or wrongful conduct of City, its contractors, subcontractors, agents or employees or with respect to the maintenance, use or condition of any improvement after the time it has been dedicated to and accepted by City or another public entity (except as provided in an improvement agreement or maintenance bond).
10. Indemnity Obligations of City. City agrees to indemnify, defend, and hold harmless Developer, and its officers, agents, employees, and representatives from any and all claims, costs (including legal fees and costs) and liability which may arise directly or indirectly as a result of approval of this Agreement, or execution of any actions or obligations by City under the terms of this Agreement.
11. Term. This Agreement shall terminate upon the satisfaction of payments of the Reimbursement Obligation and Full Fair-Share Amount.
12. No Third-Party Beneficiaries. City and Developer enter into no contract or agreement with any general contractor, subcontractor, or other party by entering into this Agreement; nor is any general contractor, subcontractor, or other party a third-party beneficiary of the Agreement; and City shall have no obligation to pay any general contractor, subcontractor, or other party for any work performed pursuant to the plans and specifications for the Improvements.
13. Notice. Any notice, payment, or instrument required or permitted by this Agreement to either party shall be deemed to have been received when personally deliver to that party, upon receipt of confirmation of overnight delivery by a commercial carrier, or seventy-two (72) hours following deposit of the same in any United States Post Office, first class, postage prepaid, addressed as follows:
For City: Joshua McMurray, City Manager
City of Oakley
3231 Main Street
Oakley, CA 94561
207
00085247.1 11
Derek Cole, City Attorney
Cole Huber LLP
2281 Lava Ridge Court, Suite 300
Roseville, CA 95661
For Developer: John Baayoun, President
TI Capital Real Estate
11611 San Vicente Blvd., Suite 610
Los Angeles, CA 90049
Jerold B. Neuman
DLA Piper LLP (US)
550 South Hope Street, Suite 2400
Los Angeles, CA 90071
14. Severability. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, such portion shall be deemed severed from this Agreement and the remaining parts shall remain in full effect as though such invalid or unenforceable provision had not been a part of this Agreement.
15. Governing Law; Venue. This Agreement is made under, and shall in all respects be interpreted, enforced, and governed by, the laws of the State of California. In the event of a dispute concerning the terms of this Agreement, the venue for any legal action shall be with the appropriate court in the County of Contra Costa, State of California.
16. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the matters contained herein and may be amended only by subsequent written agreement signed by both Parties.
17. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but both of which together shall constitute one instrument.
18. Assignment. Developer may assign this Agreement, provided City approves the assignment in writing, which approval shall not unreasonably be withheld.
19. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs, administrators, and assigns.
20. Amendments. Except as otherwise provided herein, this Agreement may be amended or modified only by a written instrument executed by Seller and Buyer.
21. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
208
00085247.1 12
22. Merger of Prior Agreements. This Agreement and the exhibits hereto constitute the entire agreement between the parties and supersede all prior agreements and understandings between the parties relating to the subject matter hereof.
23. Negotiated Agreement. Seller and Buyer acknowledge that this Agreement has been negotiated and that each party has had an opportunity to have the Agreement reviewed by legal counsel. Accordingly, the doctrine that ambiguities in an agreement shall be construed against the drafting party shall not be employed in connection with this Agreement.
24. Enforcement. If either party commences legal proceedings to enforce the terms of this Agreement, the prevailing party shall be entitled to recover from the other party its attorneys’ fees and court costs incurred therein.
25. Time of the Essence. Seller and Buyer agree that time is of the essence of this Agreement. If either party fails to perform an obligation contained herein by the date such performance is required, it shall not be deemed to be unreasonable for the other party to pursue its remedies hereunder, including termination of this Agreement.
26. Severability. If any provision of this Agreement or the application thereof to any person, place or circumstance shall be held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of this Agreement and such provisions as applied to other persons, places and circumstances shall remain in full force and effect.
27. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same document.
So agreed.
CITY OF OAKLEY ACD-TI OAKLEY, LLC
_______________________________ _____________________________ Joshua McMurray, City Manager John Baayoun, President
Attest:
________________________________
Libby Vreonis, City Clerk
Approved as to Form:
_________________________________
Derek P. Cole, City Attorney
209
Exhibit A
210
EAST CYPRESS ROAD
BETHEL ISLAND ROAD
PHASE 1 LEVEE
PHASE 1 LEVEE
PHASE 1 LEVEE
PHASE 1 LEVEE
PHASE 1 TEMP LEVEE PHASE 2 LEVEE
PHASE 2 LEVEE
PHASE 2 LEVEE
PHASE 1
PHASE 2
F:\3212-000\ACAD\EXHIBITS\MASTER PLANS\XB_MASTER PHASING PLAN.DWG
GRAND CYPRESS PRESERVE
MASTER PHASING PLAN
CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 300' DATE: FEBRUARY, 2022
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
SACRAMENTO
(925) 866-0322
(916) 375-1877
0 300 600 900
PHASE 1
BACKBONE ROADWAYS
RESIDENTIAL AREAS
RESIDENTIAL AREAS
BACKBONE ROADWAYS
PHASE 2
NON-RESIDENTIAL AREAS (SCHOOL / CLUBS)
NON-RES
211
Exhibit B
212
EXHIBIT B
Grand Cypress Preserve Infrastructure Costs
Project Number Project Description Total Cost City Reimbursement True-Up Percentages $12,694,742.08
$5,251,746.94
$394,445.68
$388,360.00
$5,113,037.00
$299,592.00
3%
97%
76%
$9,882,468.14
$10,272,980.88
$387,954.50
$8,144,277.40 $4,240,100.25
Traffic Impact Fee Reference
Project 34 in TIF Project List Project
61 in the TIF Project List Project 51
in TIF Project List
75% of Project Number 29 in the TIF
1 2
3 4
5 6
7 8
East Cypress east of JIR
East Cypress at Canal Crossing
BIR & ECR Intersection Bethel
Island south of ECR Bethel
Island Road Bridge Bethel
Island north of ECR Jersey
Island Road
Bethel Island at Levee Crossing $17,355,565.08
TOTAL $64,384,180.70 $10,041,089.25
213
DATE: April 12, 2022
TO: City Council
FROM: Joshua McMurray, City Manager
SUBJECT: ADOPTION OF THE 2022-2027 STRATEGIC PLAN
______________________________________________________________________ Background and Analysis
Since its incorporation, the City of Oakley has developed and operated under the direction of a Strategic Plan. A Strategic Plan guides governing bodies in making complex decisions, such as resource allocation, and sets the organization’s priorities and a path forward. Through a clear and compelling mission and vision and thoughtful, community-oriented values, goals, and objectives, it does this. Strategic Plans are a best practice in municipal organizations as they allow leadership to take a step back from day-to-day challenges and look at the big picture.
City Staff began the strategic planning process in late 2021 when the City administered a survey to community members and employees to get their feedback on key priority areas. The survey was provided in English and Spanish and open for a month. More than 390 responses were collected and synthesized by strategic planning consultant Strategy Driver Inc. The process continued with a City Council Visioning Workshop on January 11, 2022.
A series of community workshops were held to get Council and community input on the various aspects of the strategic plan. On February 15, 2022, the City Council held the first workshop and drafted a preliminary mission, vision, and core values. At the following workshop, on March 10, 2022, the City Council did a “soft” vote on the proposed mission, vision, and values crafted in Workshop #1, which indicated unanimous support for those areas of the Strategic Plan. The City Council members and community members in attendance then discussed and updated the goals and subgoals drafted based on community input. The final community workshop took place on March 31, 2022. At this meeting, the City Council reviewed and revised the objectives under each goal and sub-groups. Each of the Councilmembers expressed support for the revised objectives via a “soft” vote at the end of the meeting. The City Council has
STAFF REPORT
Approved and Forwarded to the City Council
214
tentatively indicated support of the proposed mission, vision, values, goals, and objectives through soft votes taken at the workshops.
Historically, the City’s Strategic Plan has been on a two-year cycle. With Strategic Plan 2022-2027, the City will move to a five-year plan. This transition will allow for more time and resources to implement City priorities since many of the goals and objectives are long-term, resource-intensive items. The proposed Strategic Plan includes an updated mission statement and vision, new core values, six overarching goals, and several subgoals as listed below. Additionally, there are over 100 objectives that the City will set out to accomplish over the next five years. It should also be noted that this plan can be amended as priorities and resources change.
Mission
The City of Oakley will create a resilient future that fosters and attracts a vibrant and evolving community that welcomes and values all people.
Vision
The City of Oakley celebrates our unique Delta lifestyle and small-town feel where we Live in a safe, dynamic community, Work together to build the future, and Play in our own backyard.
Core Values
Our values will guide us on a PATH to where we want to Live, Work, and Play in the heart of the Delta.
Promote fair and equitable stewardship for the welfare of our diverse individuals that comprise our inclusive community.
Advocate a professional and family-friendly environment where Council, Staff, and the Public can envision and realize the City’s future together with a recognition of our shared commitments and opportunities. Transparency is how we will create accountable partnerships to cultivate communication and collaboration to engage our thriving community. Honesty and integrity are the foundation for building trust and fostering teamwork to live our mission and vision.
Goals (the goals are not listed in priority order)
A. Community & Economic Development Goal: The City will inspire and encourage Community & Economic Development through strategic and thoughtful growth, a business-friendly environment, and local employment opportunities.
o A1. Strategic and Thoughtful Growth: We will strategically plan and thoughtfully align our residential, commercial, and industrial growth to meet our short- and long-term vision.
215
o A2. Business-friendly Environment: Our business-friendly environment will attract residential, commercial, and industrial partners to revitalize Oakley where people will come to live, work, and play.
o A3. Local Employment Opportunities: The City will partner with and attract businesses that can employ our regional workforce to invest in local talent and expertise.
B. Community Health & Safety Goal: The City of Oakley will protect our public and prioritize safe streets, healthy neighborhoods, and robust community resources to benefit our most valued assets -- our people. o B1. Safe Streets: We will preserve and secure the City of Oakley with safe streets that are welcoming to motorists, cyclists, and pedestrians. o B2. Safe and Healthy Neighborhoods + Community Resources: We will offer a high quality of life by partnering with residents and businesses to promote and maintain a safe and healthy living and work environment with community resources to serve our diverse community. C. Parks and Open Space Goal: The City of Oakley will capitalize on our greatest Delta asset where our residents, businesses, and visitors can recreate and relax.
o C1. Parks and Public Areas: We will upgrade and maintain our City parks and open spaces to be a focal point that encourages community use and civic pride.
o C2. Programs and Recreation: We will serve our diverse people, parks, and programs by providing inclusive activities and access to engage the City's family and friends in science, culture, sports, and creativity. D. Community and Collaborative Partnerships Goal: The City of Oakley will build strong community and collaborative partnerships to be mutually beneficial and co-create shared goals.
o D1. Community Outreach and Engagement: We will engage and partner with our residents and businesses in meaningful and relevant dialogue to realize our shared vision and values.
o D2. Collaborative Partnerships: We will foster and maintain strong relationships with our public-private partnerships to mutually benefit our shared goals.
E. Finance and Fiscal Responsibility Goal: The City of Oakley will leverage its financial resources for the long-term benefit of our residents and businesses while maintaining sufficient reserves to provide stability and ensure a successful future.
F. Sustainable Organization Goal: The City of Oakley will create a vibrant municipal workforce that reflects our commitment to an inclusive and equitable community and can meet our mission today while striving for our envisioned future tomorrow.
216
Fiscal Impact
There is no fiscal impact associated with the adoption of the Strategic Plan.
However, the Strategic Plan will help prioritize and allocate resources in the upcoming budget cycle.
Staff Recommendation
Staff recommends that the City Council adopt the 2022-2027 Strategic Plan.
Attachments
1. Strategic Plan
2. Draft Resolution
217
City of Oakley 1 Strategic Plan 2022-2027+ CONTENT ONLY City of Oakley Strategic Plan 2027+
FINAL PLAN CONTENT
As developed during City Council Public Workshops 1, 2, and 3 The following content was developed through a stakeholder process with the City Council, City of Oakley staff, and public participants through a community survey, staff and Council interviews, and a series of public workshops. This content will be the essential text for the City of Oakley Strategic Plan 2022-2027+ and includes the following:
Mission
Vision
Core Values
Goals
Objectives
218
City of Oakley 2 Strategic Plan 2022-2027+ CONTENT ONLY
MISSION
The City of Oakley will create a resilient future that fosters and attracts a vibrant and evolving community that welcomes and values all people.
VISION
The City of Oakley celebrates our unique Delta lifestyle and small-town feel where we Live in a safe dynamic community, Work together to build the future, and Play in our own backyard.
CORE VALUES
Our values guide us on a PATH to where we want to Live, Work, and Play in the heart of the Delta.
Promote fair and equitable stewardship for the welfare of our diverse individuals that comprise our inclusive community.
Advocate a professional and family-friendly environment where Council, Staff, and the Public can envision and realize the City’s future together with a recognition of our shared commitments and opportunities.
Transparency is how we will create accountable partnerships to cultivate communication and collaboration to engage our thriving community.
Honesty and integrity are the foundation for building trust and fostering teamwork to live our mission and vision.
219
City of Oakley 3 Strategic Plan 2022-2027+ CONTENT ONLY
GOALS AND OBJECTIVES
Community and Economic Development Goal
The City of Oakley will inspire and encourage Community & Economic Development through strategic and thoughtful growth, a business-friendly environment, and local employment opportunities.
Strategic and Thoughtful Growth Sub-goal
We will strategically plan and thoughtfully align our residential, commercial, and industrial growth to meet our short- and long-term vision.
Strategic and Thoughtful Growth Objectives
1. Strategically plan and pursue commerce that meets the new service demands of local residents and attract customers as a destination (e.g., grocery store, retail, entertainment, and light industrial near Amazon and on west end).
1.1. Attract businesses that create alternative revenue sources to property tax through sales and business taxes and employ our residents.
1.2. Seek, in conjunction with the community, sustainable economic opportunities to attract businesses and create jobs, while being sensitive to the types of businesses the community needs and wants.
1.3. Prioritize planning by targeting new businesses that align with Oakley’s vision.
2. Provide affordable housing sites that meet our legislated Regional Housing Needs Allocation (RHNA).
3. Update Oakley’s Downtown Specific Plan to reflect and envision the City’s future.
3.1. Encourage quality, sustainable growth--housing with business and requisite road infrastructure and sidewalks to support pedestrian and bicyclist movement.
3.2. Leverage the train platform that will offer better access for Downtown programming.
3.3. Create better streetscapes that can promote traffic calming.
3.4. Consider funding elements of the Downtown Specific Plan with American Rescue Plan Act (ARPA) monies.
3.5. Revitalize and draw people downtown to live, work, and play. Develop an expanded downtown with additional buildings and mixed use. Consider a park from north 2nd Street to Rose Ave.
Explore potential development opportunities from 5th to Del Antico, north side of Main. Develop or sell city-owned properties based on community benefit. Consider relocating the co-hosted City/High School Library to a downtown location that can be a unifying location for Seniors, Youth, Veterans, and possible satellite location for County services.
Research rezoning of River Oaks Crossing
4. Develop a vital Shoreline Plan to attract both people and commerce to our waterfront.
4.1. Expand marina zoning: restaurants, recreational access, fishing tournaments, 55-acre park.
4.2. Hire a consultant to determine viable economic uses of the Oakley shoreline and visit other cities to see how they attracted visitors as a destination (e.g., new Science Center). 220
City of Oakley 4 Strategic Plan 2022-2027+ CONTENT ONLY
5. Plan and develop Cypress Corridor holistically with improvements and commerce to service new development to ease downtown traffic (e.g., grocery, restaurants).
6. Reinforce Planning Commission to understand Oakley’s vision and encourage public engagement:
6.1. Update zoning to promote single and multi-family housing, mixed use, light industry, and commercial opportunities and remaining residential opportunities. Ensure that zoning considers potential conflicts with adjacent properties that are not compatible.
6.2. Enforce codes consistently in all districts to create consistent standard to code enforcement by using a combination of reactive and proactive code enforcement. Maintain code enforcement officers and provide proper training.
6.3. Encourage objective decision-making versus subjective decision-making for application approvals to meet Oakley’s vision and economic goals by focusing on formal plan and study outcomes.
6.4. Require developer fees for proper infrastructure (e.g., roads and parks) to support development and growth.
6.5. Communicate and build consensus through the results of the special studies that are commissioned to provide for the feasibility of projects and engage the public at the beginning of all projects to ensure project delivery is not stunted or stopped without defining success from all stakeholders.
7. Enhance Environmental Stewardship
7.1. Collaborate with the water and sewer special districts to maximize the distribution and use of recycled water.
7.2. Explore and report on green energy opportunities.
Solar at City facilities
Expansion of City’s EV Charging Program
7.3. Remove the allowance for non-drought tolerant landscaping.
7.4. Ensure new residential construction meets adopted standards for energy efficiency, including solar and power storage.
7.5. Implement energy, air quality, and greenhouse gas emissions goals within the Oakley General Plan, including the adoption and implementation of a Climate Action Plan by 2025 that complies with State greenhouse gas reduction targets.
8. Complete a comprehensive update of the City’s Zoning Code
8.1. Ensure consistency with current and future vision for Oakley and the recently updated Oakley General Plan.
221
City of Oakley 5 Strategic Plan 2022-2027+ CONTENT ONLY Business-friendly Environment Sub-Goal
Our business-friendly environment will attract residential, commercial, and industrial partners to revitalize Oakley where people will come to live, work, and play.
Business-friendly Environment Objectives
1. Research other “like cities” to develop a Strategic Business Outreach Plan.
1.1. Conduct a Stimulate Oakley Business analysis for Oakley and compare to adjacent cities for differentiators and opportunities.
1.2. Develop a Business Vision for Oakley that will attract and retain high-quality, diverse commerce through incentives for businesses including small businesses.
1.3. Develop a Property Utilization Plan on city-owned properties to maximize the City’s potential return on investment.
2. Bolster and support existing businesses through the use of financial and funding incentives such as business low-interest loans, grant funding, ARPA funding, and promote "buy local" incentives.
3. Showcase businesses through active engagement and outreach (e.g., social media, storefronts images, local business newsletter with coupon book included).
4. Continue to streamline business license fee/permits.
5. Beautify Oakley’s streetscapes, parks, and business facades to attract and retain businesses and their customers.
Local Employment Opportunities Sub-Goal
We will partner with and attract businesses that can employ our regional workforce to invest in local talent and expertise.
Local Employment Opportunities Objectives
1. Capitalize on Logistics Center and strategize with developers and surrounding property owners to create job opportunities.
2. Create employer-employee partnerships to reduce State’s regulations on vehicle miles traveled (VMT) and complement our existing housing (Logistics Center development). 222
City of Oakley 6 Strategic Plan 2022-2027+ CONTENT ONLY Community Health & Safety Goal
The City of Oakley will protect our public and prioritize safe streets, healthy neighborhoods, and robust community resources to benefit our most valued assets -- our people.
Safe Streets Sub-Goal
We will preserve and secure the City of Oakley with safe streets that are welcoming to motorists, cyclists, and pedestrians.
Safe Streets Objectives
1. Create an Emergency Disaster & Response Plan including resiliency resources.
1.1. Develop Communication Plan for emergency responders, Public Works, the public, and other key stakeholders.
1.2. Provide and reinforce public and staff training through regular community meetings.
1.3. Ensure resiliency to power outages (traffic controls, cellular and broadband backup, generators).
1.4. Implement training, communicate broadly, and seek grants for implementation
1.5. Modernize the Oakley Emergency Operations Center (EOC).
2. Address streets and main arteries vulnerable to fire, flood, and traffic hazards with improving infrastructure and evacuation plans to provide for safe passage for residents and emergency responders.
2.1. East Cypress Corridor Specific Plan Area
2.2. Main Street – improve areas to their full right-of-way
2.3. Complete Laurel Rd extension and overcrossing over the railroad track to Sellers Ave
3. Explore improving lighting for safety.
4. Align police resources with City’s growth.
4.1. Develop and implement a staffing plan to scale police personnel to City’s growing safety needs.
4.2. Streamline and civilianize where appropriate (i.e., admin, budget/finance, records, property, fleet management, etc.).
4.3. Improve and invest in technology.
Map accident scenes to open roads quicker.
Research red light cameras to supplement sworn enforcement officers. Create a larger “cyber shield” over the city via a robust camera program.
4.4. Establish strong neighborhood watch programs, including National Night Out, and maintain close communication between the neighborhoods, the City Council, Oakley Police, and City Hall.
4.5. Collaborate with neighboring agencies to maximize efficiencies with shared resources (e.g., equipment).
4.6. Expand the Citizen Emergency Response Training (CERT) program.
4.7. Dedicate traffic enforcement team to improve traffic safety. 223
City of Oakley 7 Strategic Plan 2022-2027+ CONTENT ONLY
5. Prioritize road improvements and provide robust enforcement to manage traffic, given accidents are the #1 safety challenge.
5.1. Consider road improvements such as delineators for areas where speed is an issue.
5.2. Implement traffic-calming policy and update to new practices for increased traffic as Oakley grows.
6. Promote Safe Pedestrian and Bike Routes
6.1. Collaborate with School Districts to apply for State and Federal grants to create safer and more accessible connectivity.
6.2. Improve trail connectivity to provide pedestrians and cyclists safe passage.
Safe and Healthy Neighborhoods + Community Resources Sub-Goal We will offer a high quality of life by partnering with residents and businesses to promote and maintain a safe and healthy living and work environment with community resources to serve our diverse community.
Safe and Healthy Neighborhoods + Community Resources Objectives
1. Rejuvenate our downtown and residential and business developments to discourage blight through beautification and development of standards for commercial code enforcement.
2. Promote community service opportunities to build the community and beautify Oakley.
3. Implement Phase 2 of the Recreation Center.
4. Connect and promote the County and NGOs resources available to assist our vulnerable populations (e.g., unhoused persons, people seeking mental health assistance, Veterans services).
4.1. Educate and promote use of 211 for essential community services.
4.2. Initiate and partner with other agencies to create regional support to provide services to help unhoused persons.
224
City of Oakley 8 Strategic Plan 2022-2027+ CONTENT ONLY Parks and Open Space Goal
The City of Oakley will capitalize on our greatest Delta asset where our residents, businesses, and visitors can recreate and relax.
Parks and Public Areas Sub-Goal
We will upgrade and maintain our City parks and open spaces to be a focal point that encourages community use and civic pride.
Parks and Public Areas Objectives
1. Upgrade and develop parks and open space for diverse interests and expanded underserved areas to reinvigorate “play” in Oakley.
1.1. Envision a Downtown Park to attract people downtown (e.g., new park parallel to the railroad tracks with a museum and bocce ball courts).
1.2. Envision, develop, and fund Oakley’s 55-Acre Regional Park and seek grant funding that will compete at the State level.
Envision Oakley as the front door of the Delta and one of California’s natural wonders. Include trail and waterway access to attract outdoor sporting such as hiking, kayaking, boating and recreational and sports fishing that would serve as an amenity to draw homeowners and sporting events alike.
1.3. Create and maintain sporting fields (bocce, baseball/softball, soccer, equestrian arena) and provide shade, bathrooms, and lighting services.
Programs and Recreation Sub-Goal
We will serve our diverse people, parks, and programs by providing inclusive activities and access to engage the City's family and friends in science, culture, sports, and creativity.
Programs and Recreation Objectives
1. Upgrade parks and open space to be accessible and attract the many interests of our diverse residents and visitors and provide access for all.
1.1. Celebrate and promote our local history through educational and enrichment opportunities and consider work with historical society.
1.2. Complete Phase 2 of Oakley’s Recreation Center to encourage indoor sports, Camp Room, and Teen Room for classes.
1.3. Continue to offer special events and streamline the process for community groups to host events that create a sense of Oakley community and showcase the importance of families, youth, seniors, and Veterans in Oakley.
1.4. Promote Oakley’s events and recreation and differentiate our offerings from adjacent cities. 225
City of Oakley 9 Strategic Plan 2022-2027+ CONTENT ONLY Community and Collaborative Partnerships Goal
The City of Oakley will build strong community and collaborative partnerships to be mutually beneficial and co-create shared goals.
Community Outreach and Engagement Sub-Goal
We will engage and partner with our residents and businesses in meaningful and relevant dialogue to realize our shared vision and values.
Community Outreach and Engagement Objectives
1. Focus on establishing community trust and public-private partnerships through positive dialog and tangible outcomes.
1.1. Encourage community neighborhood involvement, such as cleanup walks, that reinforce healthy lifestyles and shared goals with Oakley Police, Council, and City Hall.
1.2. Create interactive face-to-face dialog to replace one-sided social media communication where full participation cannot be facilitated due to Brown Act limitations. Promote City Council/Community meetings through social media to inform about agendas where public can participate in person.
1.3. Celebrate Oakley in demonstrating and communicating our achievements in accomplishing SP27+, community events, and activities that unite us (e.g., Heart of Oakley, Harvest Festival, Christmas Tree Lighting, Summerfest Celebration, etc.).
1.4. Actively uphold Oakley’s Governance Guidelines & Protocols Policy to encourage productive partnerships, positive communication, and achievement of short and long-term goals.
2. Increase Oakley’s communication through outward-facing media, social media platforms, and website.
2.1. Promote City Council agendas and decisions via social media with updates on economic activity, business growth, and community events.
2.2. Communicate how Oakley is living its core values and meeting its stated mission and vision (e.g., newspapers, electronic boards, website, newsletter, social media).
2.3. Modernize website to be user friendly, transparent, functional, and reflective of the City’s vision.
3. Communicate and uphold the City’s information systems to reinforce transparency and access in order to build trust.
Collaborative Partnerships Sub-Goal
We will foster and maintain strong relationships with our public-private partnerships to mutually benefit our shared goals.
Collaborative Partnerships Objectives
1. Consider creating new partnerships that will involve community participation (e.g., Park and Arts Commission).
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City of Oakley 10 Strategic Plan 2022-2027+ CONTENT ONLY
2. Establish, align and maintain partnerships with local Special Districts, Agencies, Non-Governmental Organizations (NGOs), and Commerce to realize our responsibilities to deliver on the General Plan and Specific Plan and where goals mutually align and meet quarterly.
2.1. Diablo Water District
Develop collaborative efficiencies to serve our shared constituents.
2.2. Ironhouse Sanitary District
Consider opportunities for water reuse (e.g., recycled and industrial water).
2.3. Mt. Diablo Resource and Recovery (MDRR)
2.4. CONFIRE
2.5. School District
Explore joint-use opportunities to optimally partner with elementary and high school (e.g., satellite classrooms and recreation, library).
Re-visit agreements with shared facilities and public access.
2.6. County/Region/State
Encourage collaboration for public safety and enforcement particularly where there is multi-jurisdictional responsibility (e.g., fire, road access, school sites). Discuss Regional Park interests.
Invite key electeds, Board representatives, and others to speak at Council meetings for outside updates and perspective.
2.7. NGOs
Partner with Rotary, Friends of Oakley, Kiwanis, Oakley Delta Lions Club, Oakley Seniors Club, Veterans of Oakley, Masonic Lodge and Concordant Bodies, Friends of the Oakley Library.
Consider creating a Sister City.
Consider expanding outreach to NGOs beyond our region. 227
City of Oakley 11 Strategic Plan 2022-2027+ CONTENT ONLY Finance and Fiscal Responsibility Goal
The City of Oakley will leverage its financial resources for the long-term benefit of our residents and businesses while maintaining sufficient reserves to provide stability and ensure a successful future.
Finance and Fiscal Responsibility Objectives
1. Communicate on financial updates including financial health, priorities, and unexpected expenditures.
1.1. Provide training related to community facility districts to educate the public regarding the various types of assessments, which are not all taxes.
1.2. Educate Executive Leadership and Council on annual budget through communication, reporting, and training to create better partnership on fiscal strategies.
1.3. Educate the community on large, planned revenue expenditures and how surplus monies will be invested or retained for long-term “rainy day” funds (budget process).
1.4. Partner with Special Districts and agencies to realize economies of scale and efficiencies.
2. Determine how the City will leverage its strong financial position with development revenues and ARPA Covid Relief money ($10M).
2.1. Consider input by the community on how funds should be prioritized.
2.2. Implement technology upgrades to improve transparency and public access to City documents and remote transactions.
2.3. Make the most needed improvements to streets, utilizing development’s improvements, funds from the sale of property and other financing sources to make improvements to the East Cypress traffic flow situation, etc.
2.4. Complete a feasibility study pertaining to broadband services and free Wi-Fi throughout the City.
2.5. Provide one free session of City-run summer camp to Oakley residents.
3. Develop a sustainable financial plan that will identify opportunities for less dependency on property taxes while maintaining the quality of life that residents and businesses expect.
3.1. Attract more businesses (commercial and industrial) to increase Oakley’s per-capita Sales and Use Tax revenues.
3.2. Seek to supplement existing funding sources with State and Federal grants for special projects.
3.3. Consider the implementation of an EIFD (enhance infrastructure financing district) to make infrastructure improvements that will attract businesses and generate revenue.
4. Align infrastructure spending and long-term growth so we can plan beyond two years to improve streets and parks and provide for long-term maintenance.
4.1. Create an internal services fund for facilities maintenance and improvements.
4.2. Establish a minimum baseline for General Fund contributions for street maintenance and improvements and include a growth factor in the recurring operating transfers budget each year.
5. Modernize Oakley to accommodate growth and improve efficiency by funding technology to improve:
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City of Oakley 12 Strategic Plan 2022-2027+ CONTENT ONLY
5.1. Service for public-business license applications/other applications
5.2. Financial modeling and finance/budget balancing
5.3. Public safety and roads
5.4. Customer-friendly access to the City's financial reporting information and to allow easier transactions without the need for customers to come to City Hall.
5.5. Infrastructure and asset management
6. Develop a Financial Strategy and Reporting Policy
6.1. Continue to receive third party professional acknowledgement of our City’s financial practices:
Continue to present, apply for, and receive the Government Finance Officers’ Association Award on the City’s Annual Comprehensive Financial Report. Continue to apply for and receive the California Society of Municipal Financial Officers’ Operating Budget Excellence Award.
6.2. Continue to update the Budget Strategies and Financial Policies in the City’s annual budgets.
6.3. Consider how to include performance audits in the City’s budget to provide accountability for performance and compliance.
6.4. Maintain 10-year budget forecast to be updated with each annual budget.
6.5. Establish a 30% General Fund Reserve Policy to protect the City's operations from a sudden drop in property tax and development-related revenues.
6.6. Establish a formal policy for the restrictions on and allowed uses of funds in the 30% General Fund Reserve Policy.
6.7. Consider separating out the CIP budget from the general operational budget. Itemize individual project line items for Council consideration in addition to aggregated projects.
6.8. Align Strategic Plan Goals and Objectives into the annual budget document, including performance measures.
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City of Oakley 13 Strategic Plan 2022-2027+ CONTENT ONLY Sustainable Organization Goal
The City of Oakley will create a vibrant municipal workforce that reflects our commitment to an inclusive and equitable community and can meet our mission today while striving for our envisioned future tomorrow.
Sustainable Organization Objectives
1. Create a Recruitment and Retention Plan that will hire and retain staff to serve Oakley’s growing demands and sustain the level of service our residents and businesses expect.
1.1. Create a competitive compensation package that is sustainable to attract and retain our greatest assets – our people.
1.2. Provide appropriate training and professional development to keep up with regulatory requirements and skillsets to maintain the City.
1.3. Properly Staff our Police Department to best protect and serve Oakley
1.4. Address staffing limitations by hiring or contracting or prioritizing programs, projects, and initiatives to scale appropriately.
1.5. Base the City’s performance on execution of SP27+ and other major initiatives.
1.6. Encourage employee wellness by creating a safe and healthy work environment, an Employee Assistance Program (EAP), regular employee appreciation events and teambuilding, and the employee wellness program.
1.7. Rebuild and reenergize staff by surveying all employees to understand what would make Oakley a great place to work. (e.g., work life balance, work from home schedule).
2. Identify and invest in resources to execute City’s responsibilities.
2.1. Invest in Electric Vehicle fleet which would require downtown charging stations.
2.2. Upgrade IT services to include new computer systems and more efficient IT response to computer and technical issues to ensure projects can be delivered efficiently.
2.3. Consider fulfilling staffing and hiring needs based on comprehensive Staffing Plan as aligned with SP27+ and other major initiatives.
Grant writer to identify state and federal grants to support Oakley Parks & Recreation staff to keep up with demands of new parks and recreational programming.
Public Works staff to keep up with demands of new housing, parks and infrastructure development and maintenance.
Police to keep up with growing safety needs.
Other needs as determined.
3. Create a city-wide Succession Plan that anticipates retirement, attrition, and promotions, and provides opportunity for development and growth, to build a well-rounded team that is prepared to serve the City now and well into its future.
4. Reinforce a safe and healthy work environment to protect our employees and minimize compensation claims.
5. Establish trust in City Hall.
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City of Oakley 14 Strategic Plan 2022-2027+ CONTENT ONLY
5.1. Reinforce the investment of our revitalized Staff and Council and create accountable partnerships among the trio of Council, Staff and the Community to deliver on Oakley’s cocreated SP27+.
5.2. In order to recruit and retain Staff, Oakley must improve its public-private partnership and live its established values to attract residents, businesses, and employees alike.
5.3. Reinforce Team Oakley: Council, Staff, and the Public by celebrating successes and communicating obstacles for full transparency to create a learning environment.
5.4. Inspire and encourage Oakley staff to be visible and work with the community at large.
5.5. Acknowledge roles and responsibilities per the City’s Governance Guidelines & Protocols Policy Framework to guide the execution of the Strategic Plan. Consider advance circulation of agendas and supporting documents by City Council for review and discussion with City Manager at least two days prior to public circulation. 231
Resolution No. XX-22 Page 1 of 1 April 12, 2022
RESOLUTION NO. XX-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY
ADOPTING THE 2022-2027 STRATEGIC PLAN
BE IT RESOLVED by the City Council of the City of Oakley that the 2022- 2027 Strategic Plan is hereby adopted.
The foregoing resolution was adopted at a regular meeting of the Oakley City Council held on the 12th day of April, 2022, by Councilmember ______________, who moved its adoption, which motion being duly seconded by Councilmember ________________, was upon voice vote carried and the resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
________________________________
Randy Pope, Mayor Date
ATTEST:
____________________________________
Libby Vreonis, City Clerk Date
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