Oakley City Council
September 13, 2022

permitted projects meet the requirements of the California Building Standard Code as well as other local and state requirements, all of which help to ensure public safety, energy efficiency and sustainability in the built environment.

Staff has relied on services from TRB and Associates, Inc. since 2014 for On-Call Services as they provide superior staff augmentation capabilities to municipalities for plan reviews and inspections; with the ability to provide expert level services regardless of the project size and scope. The economic climate of the SF Bay Area remains solid, and growth continues to be steady in residential and commercial projects. All municipalities, consultants, and contractors are keeping very busy in addition to absorbing the high construction costs.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community and Economic Growth, Community Health and Safety, and Sustainable Organization Goals.

Fiscal Impact
Approval of the resolution will authorize the City Manager to execute a professional services agreement with TRB and Associates, Inc. for a not-to-exceed amount of $200,000 per fiscal year, beginning September 14, 2022, through June 30, 2023.

Development building permit fees will fund the services on an as needed basis. There will not be any City General Funds used in this contract.

Staff Recommendation
Staff recommends that the City Council adopt the resolution approving the Professional Services Agreement with TRB and Associates, Inc. for “On-Call” Plan Review and Inspection services and authorizing the City Manager to execute the agreement
Attachments

1. Resolution

2. Scope of Services
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Resolution No. XX-22 Page 1 of 1
RESOLUTION NO. XX-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING

THE PROFESSIONAL SERVICES AGREEMENT WITH TRB AND ASSOCIATES, INC. AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT

FOR ON-CALL CODE-COMPLIANCE PLAN REVIEW AND INSPECTION SERVICES WHEREAS, City of Oakley uses various consultants and contractors on an as-need basis to assist City staff on processing and managing private development projects; and WHEREAS, TRB and Associates, Inc. has been serving the City since 2014 after being selected as the best suited firm to provide code-compliance plan review and inspection services to the City; and
WHEREAS, the need for this type of code-compliance support service has remained steady due to the large number of development projects being approved and constructed; and
WHEREAS, the costs associated with the agreement will be funded by private development project permit fees and not the City’s General Fund; and NOW, THEREFORE, BE IT RESOLVED AND ORDERED, by the City Council of the City of Oakley that the Professional Services Agreement with TRB and Associates, Inc. is hereby approved, and the City Manager is authorized to execute the agreement beginning on September 14, 2022 through June 30, 2023 for an amount not-to-exceed $200,000.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Oakley at a meeting held on this 13th day of September, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:

___________________
ATTEST: Randy Pope, Mayor
______ ________
Libby Vreonis, City Clerk Date
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STAFF REPORT
Approved and Forwarded to the City Council
DATE: September 13, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Reject all bids and authorize staff to re-bid the Senior Center Roof and HVAC Repair and Replacement Project – Capital Improvement Project (CIP) Number 288
Background and Analysis
The City’s adopted Fiscal Year (FY) 2022/23 Capital Improvement Program (CIP) Budget designates funding for various infrastructure repair and replacement projects.

This is consistent with the City’s goals to improve the quality of the City’s public infrastructure and to enhance the quality of life for our residents.

The Oakley Senior Center, located at 215 2nd Street is a facility that had been used as a fire station decades ago. Since the construction of the more modern fire stations within East Contra Costa County, this facility had been vacant for many years. In more recent years, it has been used for the Senior Center to service the senior citizens of the Oakley community. This building has not had any renovations to upgrade it and bring it into modern operations.

In 2017, the City of Oakley used the Community Development Block Grant (CDBG) Program to begin doing improvements to this facility, by starting with a parking lot and ADA access improvements. The next phase of the improvements will include the performing of roof and HVAC system repair and replacements. Earlier this year, staff successfully secured additional CDBG grants for this phase of the improvements.

The Senior Center Roof and HVAC Repair and Replacement Project – CIP No. 288 was advertised on August 12, 2022, and the City received two (2) bids on September 1, 2022. Both bids received were above the project budget and the cost estimate of $80,000. With the recovering economy of the SF Bay Area, the construction bidding climate continues to see an increase in construction costs, as well as a corresponding decrease in the number of bidders. Unfortunately, this trend continues to adversely affect Public Works projects. Staff has reached out to several construction firms to determine whether there were specific issues with the project bid requirements, or other reasons which may have caused them not to bid on the project. The responses indicated that contractors are very busy preparing bids for multiple projects, as there is 214
a high demand for construction work in the SF Bay Area, and they are opting for larger contracts in general.

Rejecting the bids received will allow the staff to solicit bids for the project from a broader range of contractors, with the expectations that more favorable bids will be received with this approach. Staff will bring this project to the City Council for approval at the October 11th meeting.

Fiscal Impact
The re-bidding of this project will not have any fiscal impact at this time.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community Health and Safety goals.

Staff Recommendation
Adopt a Resolution authorizing the City Manager to reject all bids and direct staff to rebid the Senior Center Roof and HVAC Repair and Replacement Project - CIP No. 288 Attachments

1. Resolution
215
Resolution No. __-22 Page 1
RESOLUTION NO. __-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY REJECTING

ALL BIDS FOR THE SENIOR CENTER ROOF AND HVAC REPAIR AND REPLACEMENT PROJECT CAPITAL IMPROVEMENT PROJECT (CIP) 288 - AND

AUTHORIZING THE RE-BIDDING OF THE PROJECT AND RELATED ACTIONS WHEREAS, staff prepared the bid documents for the Oakley Senior Center Roof and HVAC Repair and Replacement project – CIP 288; and WHEREAS, the plans, specifications and special provisions were publicly advertised for bidding, with the bid period closing at 2:00 P.M. on Thursday, September 1, 2022; and
WHEREAS, two (2) bids were received prior to the close of the bidding process; and
WHEREAS, both bid proposals exceeded the engineer’s estimate and budget amount; and
WHEREAS, a re-bid of the project would allow staff to solicit bids for its various components from a broader range of contractors, which is anticipated to bring the project construction cost within the budget and engineer’s estimate; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oakley that all bids the installation of the new Oakley Senior Center Roof and HVAC Repair and Replacement Project - CIP 288, are hereby rejected and the City Council of the City of Oakley authorize staff to re-bid the project.

PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 13th of September 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:
_______________________
Randy Pope, Mayor
ATTEST:

Libby Vreonis, City Clerk Date
216

STAFF REPORT
Approved and Forwarded to the City Council
DATE: September 13, 2022
TO: Joshua McMurray, City Manager
FROM: Libby Vreonis, City Clerk
SUBJECT: Review of Requested Proclamations - (Lung Cancer Awareness Month & Peripheral Artery Disease (PAD)
Summary and Background
On August 9, 2022, the Oakley City Council approved a proclamation policy. In accordance with the policy, the Mayor, without formal action of the City Council, may issue proclamations on behalf of the City Council that adhere to the policy and are on a pre-approved list adopted by the City Council. Proclamations not on the list may be submitted and brought forth to the City Council for consideration. The attached proclamations are not on the pre-approved list; therefore, approval is requested.

Consistency with the Oakley Strategic Plan 27+
Council engagement with community partners is consistent with the Community and Collaborative Partnerships Goal in the Oakley Strategic Plan 27+.

Fiscal Impact
None.

Recommendation
Staff recommends that the City Council review the requested proclamations and either approve or deny them. The item is not required to be pulled from the Consent Calendar if unanimous approval is provided.

Attachments

1. Proclamation Request Forms

2. Sample proclamations
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223

STAFF REPORT
Approved and Forwarded to the City Council
DATE: September 13, 2022
TO: Joshua McMurray, City Manager
FROM: Kenneth W. Strelo, Planning Manager
SUBJECT: Water-Efficient Landscape Requirements Update - Introduction of an Ordinance to Amend Oakley Municipal Code Chapter 4.31 (WaterEfficient Landscape Requirements) to Adopt the State of California’s Model Water Efficient Landscape Ordinance as Amended by Diablo Water District’s Regulation No. 8 which Prohibits New Installation of Non-Functional Turf
Summary
This is a City-initiated item requesting the City Council of the City of Oakley adopt an ordinance amending Oakley Municipal Code (“OMC”) Chapter 4.31 (Water-Efficient Landscape Requirements) by replacing the existing ordinance with a standard reference to the State of California’s Model Water Efficient Landscape Ordinance (“MWELO”) and to comply with Diablo Water District’s (water distributer for Oakley customers) Regulation No. 8, which prohibits the new installation of non-functional turf for applicable projects.

Staff Recommendation
Staff recommends the City Council waive the first reading and introduce the proposed ordinance.

Existing Water-Efficient Landscape Requirements in Oakley The existing Water-Efficient Landscape Requirements (OMC Chapter 4.31) were adopted by Ordinance No. 03-10 on February 9, 2010. The ordinance brought the City into compliance with the State of California’s first Model Water Efficient Landscape Ordinance (“MWELO”) and allowed the City to promote the values and benefits of landscapes while recognizing the need to use water and other resources as efficiently as possible. In addition to the ordinance’s standard applicability and definitions, the requirements included provisions for new construction and rehabilitated landscapes, as well as existing landscapes. Overall, the ordinance, which is still effective, encourages water conservation in new and rehabilitated projects.
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Subject: Water-Efficient Landscape Requirements Update
Date: September 13, 2022

Summary of Amendments
Currently, the OMC includes a full chapter that covers the City’s ordinance, which was adopted in 2010 to the guidance of the State’s MWELO related to water-efficient landscape requirements. This proposed ordinance amendment would remove the entirety of text within that chapter and replace it with language that references the State’s current MWELO1, which was updated back in 2015, and add in the prohibition of new installation of non-functional turf in compliance with Diablo Water District’s (“DWD”) Regulation No. 8 (Water-Use Efficiency) (Appendix E of DWD’s 2020 Urban Water Management Plan2 updated in June of 2021). The ordinance language is proposed to read as follows (footnote not included in ordinance):

4.31.102 Applicability.

The “Model Water Efficient Landscape Ordinance” of the state of California, as contained in California Code of Regulations Title 23 Waters, Division 2 Department of Water Resources, Chapter 2.7 Model Water Efficient Landscape Ordinance, Section 490 et seq., is hereby adopted by reference as the water efficient landscape ordinance of the City of Oakley, as the same may be amended from time to time, as if set out in full in this chapter. In addition to compliance with the State’s MWELO, new installation of “non-functional turf” is prohibited for applicable projects.

Since “non-functional turf” is not defined in the State’s MWELO, the definition used in the State Water Resources Control Board emergency action effective June 10, 2022 will be included in the ordinance. That definition is as follows:
“Non-functional turf” means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. Nonfunctional turf does not include sports fields and turf that is regularly used for human recreational purposes or for civic or community events.

State MWELO Applicable Projects
Only applicable projects are subject to the State MWELO. Since the regulations require local ordinance to implement a WELO that is at least as strict as the State’s model, the updates that took place in December of 2015 apply by default and were codified by reference to the State’s MWELO. Applicable projects are included in the State MWELO section 490.1 “Applicability” and are summarized as follows:

1 https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=I55B69DB0 D45A11DEA95CA4428EC25FA0&originationContext=documenttoc&transitionType=Default&contextData =(sc.Default)
2 https://diablowater.org/doc/final_uwmp/
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Subject: Water-Efficient Landscape Requirements Update
Date: September 13, 2022

 New construction projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review;
 rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review;
 existing landscapes limited to Sections 493, 493.1 (landscapes installed prior to December 1, 2015 that are over 1-acre in size) and 493.2 (Water Waste Prevention); and
 cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to Sections 492.4, 492.11, and 492.12; and existing cemeteries are limited to Sections 493, 493.1, and 493.2.

Most homeowner landscaping projects would not be subject to the State MWELO since those type installations do not typically require a building or landscape permit, plan check or design review; however, construction of a new home that includes new landscaping may result in an applicable project, depending on the square footage of landscaping.

MWELO-Related Documents
The City of Oakley currently provides applicants access to a guidebook and forms to assist in completing their applications. As part of this update, Staff will either update the applicable documents or use/reference the applicable State documents to ensure compliance with the State’s MWELO.

Environmental Review
California Environmental Quality Act Compliance
This project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15308, Actions by Regulatory Agencies for the Protection of the Environment, because the State’s Model Water Efficient Landscape Ordinance states the ordinance will result in improving California’s environmental conditions and provide benefits and realize sustainability goals.

Notice of Public Hearing
A Notice of Public Hearing for this project was published in the East Bay Times and posted at City Hall, the Oakley Library at Freedom Highschool, and outside the gym at Delta Vista Middle School at least 10 days prior to the date of the public hearing. 226
Subject: Water-Efficient Landscape Requirements Update
Date: September 13, 2022

Consistency with the City of Oakley Strategic Plan 2022-2027+ This ordinance amendment to adopt the State’s MWELO is consistent with the Community and Economic Development Goal which states, “The City of Oakley will inspire and encourage Community and Economic Development through strategic and thoughtful growth, a business-friendly environment, and local opportunities.” More specifically, including the prohibition of “non-functional turf” is consistent with an objective within that goal to “Enhance Environmental Stewardship” Fiscal Impact
There is no ongoing fiscal impact to the General Fund in relation to this ordinance amendment.

Staff Recommendation
Staff recommends the City Council waive the first reading and introduce the proposed ordinance.

Attachments

1. Notice of Public Hearing

2. Proposed Ordinance
Resources Available Online

1. Link to the State’s Model Water Efficient Landscape Ordinance:
https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations ?guid=I55B69DB0D45A11DEA95CA4428EC25FA0&originationContext=documenttoc&t ransitionType=Default&contextData=(sc.Default) or https://tinyurl.com/2p949pee

2. Link to California Department of Water Resources Model Water Efficient Landscape Ordinance Homepage:
https://water.ca.gov/Programs/Water-Use-And-Efficiency/Urban-Water-UseEfficiency/Model-Water-Efficient-Landscape-Ordinance or https://tinyurl.com/8jf33sbw 227
City of Oakley
3231 Main Street
Oakley, CA 94561
www.oakleyinfo.com

NOTICE OF PUBLIC HEARING
Notice is hereby given that on September 13, 2022 at 6:30 p.m., or as soon thereafter as the matter may be heard, the City Council of the City of Oakley will hold a Public Hearing at the Council Chambers located at 3231 Main Street, Oakley, CA 94561 for the purposes of considering an ordinance to amend Oakley Municipal Code Chapter 4.31 related to Water-Efficient Landscape Requirements.

Project Name: Water-Efficient Landscape Requirements Update.

Project Location: Citywide for applicable projects.

Applicant: City of Oakley, 3231 Main Street, Oakley, CA 94561. (925) 625-7000.

Request: This is a public hearing on a City-initiated item requesting the City Council of the City of Oakley adopt an ordinance amending Oakley Municipal Code (“OMC”) Chapter 4.31 (Water-Efficient Landscape Requirements) by replacing the existing ordinance with a standard reference to the State of California’s Model Water Efficient Landscape Ordinance (“MWELO”) and to comply with Diablo Water District’s (water distributer for Oakley customers) Regulation No. 8, which prohibits the new installation of non-functional turf for applicable projects.

How to Review: The Staff Report and its attachments will be available for public review, on or before September 8, 2022 at City Hall, 3231 Main Street, Oakley, CA 94561 or online at www.ci.oakley.ca.us/agendas-minutes-videos-archive/ by navigating to the September 13, 2022 agenda and clicking the project title link. (Note: City Hall is closed on the 1st and 3rd Fridays of each month). Interested persons are invited to submit written comments prior to and may testify at the public hearing. Written comments may be submitted to Kenneth W. Strelo, Planning Manager at the City of Oakley, 3231 Main Street, Oakley, CA 94561 or by email to [email protected].

NOTICE IS ALSO GIVEN pursuant to Government Code Section 65009(b) that, if this matter is subsequently challenged in Court by you or others, you may be limited to raising only those issues you or someone else has raised at a Public Hearing described in this notice or in written correspondence delivered to the City of Oakley City Clerk at, or prior to, the Public Hearing. 228
Ord. No. XX-22 Page 1 of 2
ORDINANCE NO. XX-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY AMENDING OAKLEY MUNICIPAL CODE CHAPTER 4.31 (WATER-EFFICIENT LANDSCAPE REQUIREMENTS) TO ADOPT THE STATE OF CALIFORNIA’S MODEL WATER

EFFICIENT LANDSCAPE ORDINANCE AS AMENDED BY DIABLO WATER DISTRICT’S REGULATION NO. 8 WHICH PROHIBITS NEW INSTALLATION OF

NON-FUNCTIONAL TURF
Findings
WHEREAS, on February 9, 2010, the Oakley City Council adopted Ordinance No. 03-10, which created the City’s Water-Efficient Landscape Requirements (Oakley Municipal Code (“OMC”) Chapter 4.31) compliant with State law; and WHEREAS, on April 1, 2015, Governor Edmund G. Brown Jr signed Executive Order B29-15 amending the State’s Model Water Efficient Landscape Ordinance; and WHEREAS, in June 2021, Diablo Water District’s (“DWD”) Board of Directors updated the 2020 Urban Water Management Plan. That plan includes an Appendix E, referred to as “Regulation No. 8 (Water Use Efficiency)” that includes a condition that DWD work with local land us authorities to implement a non-functional turf prohibition.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLEY DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Chapter 4.31 of the Oakley Municipal Code, titled, “Water Efficient Landscape Requirements” is hereby amended in its entirety as follows:
“CHAPTER 31

WATER-EFFICIENT LANDSCAPE REQUIREMENTS

4.31.102 Applicability.

The “Model Water Efficient Landscape Ordinance” of the state of California, as contained in California Code of Regulations Title 23 Waters, Division 2 Department of Water Resources, Chapter 2.7 Model Water Efficient Landscape Ordinance, Section 490 et seq., is hereby adopted by reference as the water efficient landscape ordinance of the City of Oakley, as the same may be amended from time to time, as if set out in full in this chapter. In addition to compliance with the State’s MWELO, new installation of “non-functional turf” is prohibited for applicable projects.

4.31.104 Definition of Non-Functional Turf.
a. “Non-functional turf” means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. Non-functional turf 229
Ord. No. XX-22 Page 2 of 2
does not include sports fields and turf that is regularly used for human recreational purposes or for civic or community events.”
SECTION 2. California Environmental Quality Act.

This project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15308, Actions by Regulatory Agencies for the Protection of the Environment, because the State Water Efficient Landscape Ordinance states the ordinance will result in improving California’s environmental conditions and provide benefits and realize sustainability goals.

SECTION 3. Effective Date and Posting.

This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk shall cause the ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation, or by publishing a summary of the proposed ordinance, posting a certified copy of the proposed ordinance in the City Clerk’s Office at least five (5) days prior to the City Council meeting at which the ordinance is to be adopted, and within fifteen (15) days after its adoption, publishing a summary of the ordinance with the names of the Council Members voting for and against the ordinance.

PASSED, APPROVED AND ADOPTED this 13th day of September, 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
________________
Randy Pope, Mayor
ATTEST:
___________________ _________________
Libby Vreonis, City Clerk Date
230

STAFF REPORT
Approved and Forwarded to the City Council
Date: September 13, 2022
To: Joshua McMurray, City Manager
From: Kenneth W. Strelo, Planning Manager
Subject: Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“Special Land Uses”) – Adding Four Subsections to Address Drive-Through Restaurants,
Carwashes, Gas Stations, and Self-Storage (RZ 04-21)
Summary
This is a public hearing on a City-initiated request for approval of Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“OMC”), titled “Special Land Uses” (RZ 04-21). The amendments consist of adding four new subsections to address four special land uses as follows: Drive-Through Restaurants (Subsection 9.1.1236); Carwashes (Subsection 9.1.1238); Gas Stations (Subsection

9.1.1240); and Self-Storage (Subsection 9.1.1242).

Staff recommends the City Council waive the first reading and introduce the ordinance approving Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“Special Land Uses”) (RZ 04-21).

Background
On April 13, 2021, the City Council held a Zoning Code Update Discussion Work Session where it was discussed that a comprehensive Zoning Code Update would likely follow adoption of the current Focused General Plan Update, but that an opportunity existed to conduct more specific updates for certain uses that may warrant immediate attention. As a result of that work session, the four uses addressed in this Staff Report were further researched by Staff and brought back to the City Council at the July 13, 2021 meeting for a second, more focused work session. After receiving a Staff presentation and holding discussions regarding each of the four special land uses, the City Council directed Staff to bring back ordinance language for consideration.

On September 28, 2021, the City Council held a public hearing on a City-initiated request for approval of Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“OMC”), titled “Special Land Uses” (RZ 04-21).

The proposed amendments consisted of adding four new subsections to address four special land uses as follows: Drive-Through Restaurants (Subsection 9.1.1236); 231
Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“Special Land Uses”)
September 13, 2022

Carwashes (Subsection 9.1.1238); Gas Stations (Subsection 9.1.1240); and SelfStorage (Subsection 9.1.1242). After deliberations, no action was taken on the item and the City Council directed Staff to seek out additional information from stake holders and provide more analysis on the impacts created by potential buffers and bring the item back for additional consideration in a future work session setting.

On May 24, 2022, the City Council held a second Work Session to discuss the four special land uses, including draft performance and operational standards and establishing potential buffers. This work session included a summary of feedback from commercial developers, brokers and property owners (see attached May 24, 2022 Staff Report) and an analysis of potential required buffers between the special land uses and uses such as residentially zoned land and public schools. As part of the work session, Staff gave a presentation that provided examples of how a 300-foot buffer from residential land and public schools would affect nearby commercially designated properties, and the manner in which some of those properties would be impacted. The City Council considered Staff and public input and discussed the topic both with Staff and amongst itself. City Council feedback led to a consensus that applications would be handled on a case by case basis, with the anticipation of additional standards in place (as a result of this ordinance), and that the addition of a 300-foot buffer from schools seemed appropriate.

At the conclusion of the Work Session, it was agreed on by the City Council for each member to complete the checklist of performance and operational standards that was included as an attachment to the May 24, 2022 Work Session Staff Report for each of the four special land uses and return it to the City Clerk. It was agreed through consensus that the completed checklists would be used to determine which performance/operational standards had at least three Councilmembers “In Favor,” and for those to be included in the proposed ordinance language. It was also agreed to by the Council that the answers from each Councilmember would be made a part of the packet for the ordinance introduction.

Results of Performance and Operational Standards Checklists All five Councilmembers either returned a checklist to Staff or made their selections known, allowing Staff to tally the responses and draft the ordinance accordingly.

Although the ordinance is proposed to reflect what a majority of the Council selected on their checklists, there are some standards that received comments with the submitted checklist. Staff has summarized the comments received on specific standards below.

Councilmembers’ Comments on Standards for Drive-Through Uses  #2: In relation to drive-through menu speakers. Okay with requiring spec sheet on menu board speaker and any sound reducing technologies it may incorporate, but not okay with requiring a detailed acoustical analysis. 232
Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“Special Land Uses”)
September 13, 2022

 #4: In relation to drive-through queuing and access. Not in favor of whole standard, but in favor of the portion that states, “The drive-through shall not take ingress or egress from a local residential road.” (Staff note: Any proposed standard can be separated into two or more standards).
 #5: In relation to drive-through lane screening. “Depends on public safety.”  #7: In relation to direction of menu board speakers. In favor of not pointing them toward adjacent residential uses.

Councilmembers’ Comments on Standards for Carwashes
 #7: Same as #7 for Drive-Through Uses.

Councilmembers’ Comments on Standards for Gas Stations
 None.

Councilmembers’ Comments on Standards for Self-Storage
 None.

Proposed Ordinance
The proposed ordinance has been drafted to include all proposed standards in the checklist. The City Council may choose to hold further discussion on the comments received on some of the standards and summarized above. If the Council has any recommended changes to the ordinance, Staff may be able to make non-substantive changes, so long as the direction is clear, without the need to continue the item to a later date. Separating out parts of a standard into different standards in order to reach a full consensus would be a non-substantive modification. Clarifying language within a standard may also be considered non-substantive. Adding entirely new standards that would affect land use would likely be considered a substantive change and may require a revised ordinance that may need to be re-noticed before introducing.

Analysis
Adoption of the proposed ordinance will implement the direction provided to Staff by the City Council. The performance and operational standards that will become ordinance will serve as standard conditions of approval specific to each of the four special land uses. Since some of the standards require studies (such as a traffic analysis for pedestrian/bicycle safety and drive-through vehicle queuing for “Drive-Through Restaurants”), the information and technical analysis gathered will allow Staff to conduct more thorough analysis of any given project and provide that analysis to the appropriate decision making body during a project’s public hearing. In practice, the ordinance will assist project applicants, Staff, and the Planning Commission/City Council in processing and approving development applications through the use of tools to identify and address potential incompatibility with surrounding uses that may not otherwise be identified through existing established thresholds or less objective analysis. The ordinance will 233
Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“Special Land Uses”)
September 13, 2022

also provide a level of fairness and standards for all similar uses, as it will apply regardless of the specific location a use is proposed.

Environmental
This project is exempt from further analysis under the California Environmental Quality Act (“CEQA”) Guidelines Section 15061(b)(3) in that adoption of the ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community and Economic Growth Goal and Strategic and Thoughtful Growth Sub-Goal.

Fiscal Impact
There is no fiscal impact to the General Fund in relation to this work session.

Recommendation
Staff recommends the City Council waive the first reading and introduce the ordinance approving Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“Special Land Uses”) (RZ 04-21).

Attachments

1. Notice of Public Hearing

2. Staff Report from May 24, 2022 Work Session (without attachments)

3. Councilmembers’ Responses to Checklist of Performance and Operational Standards

4. Proposed Ordinance
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City of Oakley
3231 Main Street
Oakley, CA 94561
www.oakleyinfo.com

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on September 13, 2022 at 6:30 p.m., or as soon thereafter as the matter may be heard, the City Council of the City of Oakley will hold a Public Hearing at the Council Chambers located at 3231 Main Street, Oakley, CA 94561 for the purposes of considering the item as described below:

Project Name: Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“Special Land Uses”) (RZ 04-21).

Project Location: Citywide.

Applicant: City of Oakley, 3231 Main Street, Oakley, CA 94561.

Request: This is a public hearing on a City-initiated request for approval of Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“OMC”), titled “Special Land Uses” (RZ 04-21). The amendments consist of adding four new subsections to address four special land uses as follows: Drive-Through Restaurants (Subsection 9.1.1236); Carwashes (Subsection 9.1.1238); Gas Stations (Subsection 9.1.1240); and Self-Storage (Subsection

9.1.1242).

How to Review: The Staff Report and its attachments will be available for public review, on or before September 8, 2022 online at www.ci.oakley.ca.us/agendas-minutes-videos-archive/ by navigating to the September 13, 2022 agenda and clicking the project title link. Interested persons are invited to submit written comments prior to 5:00 P.M. the day of the hearing to Ken Strelo, Planning Manager at [email protected].

NOTICE IS ALSO GIVEN pursuant to Government Code Section 65009(b) that, if this matter is subsequently challenged in Court by you or others, you may be limited to raising only those issues you or someone else has raised at a Public Hearing described in this notice or in written correspondence delivered to the City of Oakley City Clerk at, or prior to, the Public Hearing. 235

STAFF REPORT
Agenda Date: ________
Agenda Item: ________
Approved and Forwarded to the City Council
Date: May 24, 2022
To: Joshua McMurray, City Manager
From: Kenneth W. Strelo, Planning Manager
Subject: Work Session #2 to Discuss Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage
Summary
This is a City Council Work Session to revisit discussion on Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage. Specifically, this work session in intended to discuss the feasibility of 1) potentially establishing buffers between residential and commercially zoned properties, and 2) implementing other performance and operational standards, both in relation to the four special uses, as applicable.

Background
On April 13, 2021, the City Council held a Zoning Code Update Discussion Work Session where it was discussed that a comprehensive Zoning Code Update would likely follow adoption of the current Focused General Plan Update, but that an opportunity existed to conduct more specific updates for certain uses that may warrant immediate attention. As a result of that work session, the four uses addressed in this Staff Report were further researched by Staff and brought back to the City Council at the July 13, 2021 meeting for a second, more focused work session. After receiving a Staff presentation and holding discussions regarding each of the four special land uses, the City Council directed Staff to bring back ordinance language for consideration.

On September 28, 2021, the City Council held a public hearing on a City-initiated request for approval of Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“OMC”), titled “Special Land Uses” (RZ 04-21).

The proposed amendments consisted of adding four new subsections to address four special land uses as follows: Drive-Through Restaurants (Subsection 9.1.1236); Carwashes (Subsection 9.1.1238); Gas Stations (Subsection 9.1.1240); and SelfStorage (Subsection 9.1.1242). After deliberations, no action was taken on the item and the City Council directed Staff to seek out additional information from stake holders and provide more analysis on the impacts created by potential buffers, and bring the item back for additional consideration in a future work session setting. 236
Work Session #2 to Discuss Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage May 24, 2022

Main Items of Discussion
Potential Buffers
One of the main items discussed during the September 28, 2021 public hearing was the Performance Standards related to buffers between “Sensitive Uses” and proposed drive-through restaurants, carwashes, and gas stations. In these cases, “sensitive uses” was defined as follows:
“[A]ny Residential or Agricultural designated property, whether occupied or vacant, on the Oakley General Plan Land Use Map, any legal and conforming residential use, or any public or private school with students in any grade ranging from K-12.

Residential uses located in non-residential zoning districts and General Plan land use designations are not considered “Sensitive Uses” for the purposes of this subsection. Other uses may be considered as “Sensitive Uses” subject to the discretion of the Community Development Director.”
The buffer from sensitive uses was proposed at 300 feet as measured from a sensitive use’s property line to specific locations of the proposed use. For drive-through restaurants it was the building, drive-through lane, or entry driveways; for carwashes it was the building; and for gas stations it was the parcel lines, building, or entry driveways. There were other discussions on buffers, such as a minimum distance between gas stations of at least 500 feet except that two may be located on corners at arterial road intersections, minimum distance between carwashes of 500 feet, and minimum distance between self-storage facilities of 1,000 feet.

Performance and Operational Standards
The buffers mentioned above are part of what were included as performance standards in the previously proposed zoning ordinance text amendments considered by the City Council on September 28, 2021. In addition to those performance standards were operational standards. Examples of some of the other standards for the four uses included items such as litter control plans, requirements for acoustical analysis of specific noise generating sources, additional pedestrian circulation analysis, vehicle queuing requirements, and standards for self-storage mixed use project.

Analysis
Part of the City Council’s direction to Staff at the conclusion of the September 28, 2022 hearing was to speak to some of the commercial brokers or property owners for input.

Staff was able to speak with not only existing brokers and owners in the City, but also potential developers at a conference attended by the City’s Economic Development Analysist. The results of those conversations varied, but the theme centered around the challenges establishing such buffers would present for developability of affected commercial parcels, and as a direct result, the developability of the remainder of those commercial centers with affected parcels.
237
Work Session #2 to Discuss Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage May 24, 2022

300-Foot Buffer from Residential, etc.

One exercise Staff conducted as part of this analysis was to look at several areas in the City where commercial land abuts residential land and analyze the impacts of a 300-foot buffer. The analysis showed the buffer would impact several undeveloped commercial sites and that portions of future commercial centers would be impacted, including:
• Land at the Laurel Road and O’Hara Avenue intersection; • The remaining portion of the commercial site on Laurel Road where ARCO is located;
• The vacant parcel to the west of Oakley Town Center (Lucky Shopping Center); • Northwest corner of Main Street and East Cypress Road; and • Most of the commercial properties along Main Street near the City’s southern border.

In addition to the vacant commercial land, Staff conducted an analysis on how such a buffer could have impacted the City’s current commercial businesses. Results of that analysis showed that several of the City’s current businesses that have been approved since incorporation would not have been allowed in their current location with such a buffer in place. Some of those businesses include the following:
• Starbucks at Main Street and Carol Lane;
• Popeye’s at Main Street and Carol Lane;
• Chevron gas station at Main Street and East Cypress Road; • Drive-through in Bopari Plaza on Main Street south of East Cypress Road; • ARCO gas station at Main Street and East Cypress Road; • 7/11 gas station at Main Street and Empire Avenue; and • The relative uses in the Emerson Commercial site.

Another factor that may not be as obvious is how future infill residential development could alter developability of commercial properties if such a buffer existed. For example, the City is currently updating the Housing Element and part of that process includes looking at additional sites for the Affordable Housing Overlay (“AHO”) District.

Some of those sites are allowed to be zoned commercial, and some of the currently proposed AHO are zoned commercial.

Placing the AHO on commercial properties is allowed by the state, and it serves two main purposes. The first is it allows more flexibility is site selection. Residential sites are often partially developed or in already established neighborhoods with much lower density than what the AHO would permit, potentially creating more difficulty on acceptance of the site by the state, or as a density conflict with the existing surrounding areas. The second main purpose is to bring more people to existing commercial uses, which results in a benefit to the City in meeting its housing needs, and to existing commercial uses by bringing potential customers within walking distance to those businesses which may offer commercial goods and services. As more commercial sites 238
Work Session #2 to Discuss Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage May 24, 2022

are rezoned with the AHO, one less foreseeable impact of a buffer from residential uses would be if a commercial site with the AHO were to be developed with residential uses, thus creating a new buffer over viable commercial property located on major arterials or nearer the freeways. Bridgehead Road is one such example.

Based on the above analysis, Staff is recommending the applicability of 300-foot buffers from sensitive uses is no longer implemented, and instead, Staff and decision makers rely on the tools already provided by the Oakley Municipal Code, such as:
• The three uses previously proposed to be subject to the buffer already require the discretionary approval of conditional use permits;
• Staff is recommending several other performance and operational standards for the uses, which could be adopted as ordinance and integrated into the zoning code; and
• Accompanying design review applications can include design to increase compatibility between uses on a case-by-case basis.

Proposed 300-Foot School Buffer
One other factor considered by Staff was to apply the 300-foot buffer to the parcel lines of schools that are part of the four school districts within the City. It was found that although a few commercial sites would be affected, the impact City-wide was far less extreme than the 300-foot buffer from residential. The most notable affected sites were a residential site zoned Retail Business District across O’Hara Avenue from O’Hara Park Middle School, portions of the commercial sites on the northwest corner and southwest corners of Laurel Road and O’Hara Avenue near Laurel Elementary School, and a vacant site fronting Carpenter Road between La Grande and Almond Grove School.

The intent of this buffer would be to implement it from schools that are part of the Antioch Unified School District, Brentwood Elementary School District, Oakley Union Elementary School District, and Liberty Union High School District. The proposed standard would not include uses such as day care centers (which are typically in commercial zones) or locations where students are homeschooled. If the City Council is in favor of this buffer, it may consider directing Staff to craft more specific language to ensure the standard is applied as intended.

Presentation
A presentation will be given by Staff as a part of the oral report. The presentation will show how the 300-foot buffer from residential land impacts some of the areas discussed in this report. It will also show how the 300-foot buffer from schools will affect adjacent commercial land.
239
Work Session #2 to Discuss Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage May 24, 2022

Performance and Operational Standards Checklist
Staff has created a checklist of the proposed performance and operational standards.

That checklist is attached to this Staff Report and has been provided to each Councilmember in hard copy. Staff is requesting that each Councilmember complete the list and provide a response of “In favor” or “Not in favor” for each standard listed.

The completed checklists can then be returned to the City Clerk at each Councilmember’s earliest convenience. The lists are not required to be completed during this Council Meeting. Staff will use the lists to assist in the deciding which standards to include in the future proposed ordinance. The results of each Councilmember’s list will also be made public in any future packet for consideration of ordinance language related to this topic.

Summary Analysis
In summary, due to the significant effect on existing commercial properties and foreseeable and unforeseeable effects on existing commercial properties that may be caused by future infill residential development, Staff is recommending the land use decisions remain on a case-by-case basis and rely on the existing discretion allowed by Staff and decisions makers and the conditional use process rather than establishing a buffer between certain commercial uses and residential uses. In addition, several performance and operational standards will further ensure the related uses perform and operate in specific manners as eventually ordained into the zoning code. Staff also recommends the Council consider establishing a buffer of 300 feet between schools in the City’s four school districts and the specific uses discussed in this Staff Report.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community and Economic Growth Goal and Strategic and Thoughtful Growth Sub-Goal.

Fiscal Impact
There is no fiscal impact to the General Fund in relation to this work session.

Recommendation
Staff recommends the City Council receive the Staff Report and Staff Presentation, hold the Work Session, including receiving public comments, and provide Staff with oral and/or written direction on the topic of regulating all or some of the discussed uses.

Attachments

1. Notice of Work Session

2. Staff Report from July 13, 2021 Work Session

3. Staff Report from September 28, 2021 Public Hearing

4. Checklist of Draft Performance and Operational Standards 240

Councilmembers’ Responses to Checklist of Performance
and Operational Standards
RP = Mayor Randy Pope
AM = Vice Mayor Aaron Meadows
AW = Councilmember Anissa Williams
GF = Councilmember George Fuller
SH = Councilmember Sue Higgins
Standards In Favor Not in
Favor
Drive-Through Restaurants
1 An application for a proposed drive-through restaurant shall include a traffic analysis that specifically analyzes onsite and nearby pedestrian/bicycle safety and drive-through lane queuing. This analysis is in addition to any Vehicle Miles Traveled (“VMT”) or Level of Service (“LOS”) analysis that may already be required.

RP
AW
GF
SH
AM
2 An application for a proposed drive-through restaurant shall include either a detailed acoustical analysis of the menu board speaker consistent with the proposed site plan, or a detailed specification sheet on the menu board speaker and any sound reducing technologies it may incorporate. All menu board speakers shall function in compliance with the City of Oakley General Plan.

RP
AW
GF
SH
3 Any proposed drive-through restaurant shall be a minimum of 300 feet (three-hundred feet) from the parcel lines of any school within the Antioch Unified School District, Brentwood Elementary School District, Oakley Union Elementary School District, and Liberty Union High School District, as measured by the shortest distance in a straight line on a map to the limits of the drive-through restaurant’s drive-through lane, building dimensions, or entry driveways, whichever is nearest.

RP
AW
GF
SH
AM
4 No portion of the drive-through lane or its required queuing, as determined in the traffic analysis, shall obstruct any drive aisles or off-street parking. The drive-through shall not take ingress or egress from a local residential road.

RP
AW
GF
SH
AM (with
comments)
241

Standards In Favor Not in
Favor
5 The entire drive-through lane shall be screened from adjacent public street and residential views to a height of at least three feet. Screening devices shall be a combination of berming, hedges and landscape materials, and solid walls as approved by the Community Development Director.

RP
AW
GF
SH
6 Menu boards shall be oriented or screened to avoid direct visibility from adjacent public streets.

RP
AW
GF
SH
7 The speaker box on menu boards shall be oriented away from adjacent residential uses or other commercial uses with an outdoor setting.

RP
AW
GF
SH
AM (with
comments)
8 Pedestrian access to the building, either from the parking lot or public right of way, shall not cross the drive-through lane at any point between the last queuing area and end of the building facade where the pick-up window is located.

RP
AW
GF
SH
AM
9 Hours of operation may be limited as a condition of approval in the conditional use permit as necessary to achieve
compatibility with adjacent land uses.

RP
AW
GF
SH
AM
10 The applicant shall prepare and submit a litter control, and/or recycling plan as a part of the conditional use permit
application. In addition to the litter control plan, the site shall be maintained in a litter free condition and no unreasonable odors shall be generated on the site. The on-site manager shall make all reasonable efforts to see that trash and litter originating from the use or its patrons is not deposited on adjacent properties or left on the grounds of the use overnight.

Employees shall be required daily to pick up trash or litter on or adjacent to the site, as well as any visible litter originating from the site and within 300 feet of the perimeter. Any graffiti shall be removed within 48 hours of it being discovered.

RP
AW
GF
SH
AM
11 The on-site manager shall not permit, and shall make an attempt to prohibit, any loud music, noise, or other amplified sounds, as well as parking lot loitering, gatherings, or other activities than may disrupt the quiet and peace of the
RP
AW
GF
SH
AM
242

Standards In Favor Not in
Favor
premises, surrounding commercial uses, and surrounding
land uses.
12 The on-site manager shall take whatever steps are deemed necessary to assure the orderly conduct of employees,
patrons, and visitors on the premises.

RP
AW
GF
SH
AM
Carwashes
1 An application for a proposed carwash shall include a traffic analysis that specifically analyzes onsite and nearby
pedestrian/bicycle safety and queuing. This analysis is in addition to any Vehicle Miles Traveled (“VMT”) or Level of Service (“LOS”) analysis that may already be required.

RP
AW
GF
SH
AM
2 An application for a proposed carwash shall include a detailed acoustical analysis of noise generated by the use and confirm that the use complies with the noise thresholds in the City of Oakley General Plan in relation to noise impacts on sensitive uses. If a generally accepted decibel variance allowance would result in the noise exceeding a threshold, the noise source shall be reduced until the analysis shows the noise, including any decibel variance allowance, falls within the thresholds in the General Plan.

RP
AW
GF
SH
3 Any proposed carwash shall be a minimum of 300 feet (threehundred feet) from the parcel lines of any school within the Antioch Unified School District, Brentwood Elementary School District, Oakley Union Elementary School District, and Liberty Union High School District, as measured by the shortest distance in a straight line on a map to the limits of the carwash building.

RP
AM
AW
GF
SH
4 There shall be no more than one carwash located within any shopping center or contiguous commercial properties that have internally shared access. In addition, no new carwash shall be proposed within 1,000 feet of an existing carwash as measured between the shortest distance from either the
perimeter of the carwash operations or parcel lines, subject to the determination by the Community Development Director.

RP
AW
GF
SH
AM
5 No portion of the required queuing as determined in the traffic analysis shall obstruct any drive aisles or off-street parking.

RP
AW
GF
AM
243

Standards In Favor Not in
Favor
SH
6 The entire carwash queuing lane shall be screened from adjacent public street and residential views to a height of at least three feet. Screening devices shall be a combination of berming, hedges and landscape materials, and solid walls as approved by the Community Development Director.

RP
AW
GF
SH
7 Any speaker box on automated payment machine shall be oriented away from adjacent residential uses or other
commercial uses with an outdoor setting.

RP
AM (with
comments)
AW
GF
SH
8 Pedestrian access to the building either from the parking lot or public right of way shall not cross the queuing lane at any point between the automated payment machine and entrance to the carwash. Nor should it be located within 25 feet of the exit of the carwash.

RP
AW
GF
SH
AM
9 Hours of operation may be limited as a condition of approval in the conditional use permit as necessary to achieve
compatibility with adjacent sensitive land uses.

RP
AW
GF
SH
AM
10 The applicant shall prepare and submit a litter control, and/or recycling plan as a part of the conditional use permit
application. In addition to the litter control plan, the site shall be maintained in a litter free condition and no unreasonable odors shall be generated on the site. The on-site manager shall make all reasonable efforts to see that trash and litter originating from the use or its patrons is not deposited on adjacent properties or left on the grounds of the use overnight.

Employees shall be required daily to pick up trash or litter on or adjacent to the site, as well as any visible litter originating from the site and within 300 feet of the perimeter. Any graffiti shall be removed within 48 hours of it being discovered.

RP
AW
GF
SH
AM
11 The on-site manager shall not permit, and shall make an attempt to prohibit, any loud music, noise, or other amplified sounds, as well as parking lot loitering, gatherings, or other activities than may disrupt the quiet and peace of the
RP
AW
GF
SH
AM
244

Standards In Favor Not in
Favor
premises, surrounding commercial uses, and surrounding
land uses.
12 The on-site manager shall take whatever steps are deemed necessary to assure the orderly conduct of employees,
patrons, and visitors on the premises.

RP
AW
GF
SH
AM
Gas Stations
1 An application for a gas station shall include a traffic analysis that specifically analyzes onsite and nearby pedestrian/bicycle safety. This analysis is in addition to any Vehicle Miles Traveled (“VMT”) or Level of Service (“LOS”) analysis that may already be required.

RP
AW
GF
SH
AM
2 Any proposed gas station shall be a minimum of 300 feet (three-hundred feet) from the parcel lines of any school within the Antioch Unified School District, Brentwood Elementary School District, Oakley Union Elementary School District, and Liberty Union High School District, as measured by the
shortest distance in a straight line on a map from to the limits of the gas station’s parcel lines, building dimensions, or entry driveways, whichever is nearest.

RP
AM
AW
GF
SH
3 Any proposed gas station shall be minimum of 500 feet from an existing gas station, as measured between the shortest distance from either the perimeter of the gas station operations or parcel lines, subject to the determination by the Community Development Director. Except that any intersection of two arterial streets (as defined in the City’s General Plan) may have two gas stations on separate corners. In the case where there are two gas station on two corners, efforts should be made so the two gas stations mainly serve opposite flows of traffic.

RP
AW
GF
SH
AM
4 The speakers on gas pumps shall comply with all applicable noise regulations in the Oakley General Plan.

RP
AM
AW
GF
SH
245

Standards In Favor Not in
Favor
5 Any new gas station shall include a parking location for fueling trucks that does not block or cross over any required drive aisles or off-street parking spaces.

RP
AW
GF
SH
AM
6 Any new gas station shall consider including alternative fuels pumps as an option to customers with alternative fuel vehicles.

RP
AW
GF
SH
AM
7 Hours of operation for all or any individual component of a gas station (i.e. pumps, convenience store, carwash, or vacuum stations) may be limited as a condition of approval in the conditional use permit as necessary to achieve compatibility with adjacent sensitive land uses.

RP
AW
GF
SH
AM
8 The applicant shall prepare and submit a litter control, and/or recycling plan as a part of the conditional use permit
application. In addition to the litter control plan, the site shall be maintained in a litter free condition and no unreasonable odors shall be generated on the site. The on-site manager shall make all reasonable efforts to see that trash and litter originating from the use or its patrons is not deposited on adjacent properties or left on the grounds of the use overnight.

Employees shall be required daily to pick up trash or litter on or adjacent to the site, as well as any visible litter originating from the site and within 300 feet of the perimeter. Any graffiti shall be removed within 48 hours of it being discovered.

RP
AW
GF
SH
AM
9 The on-site manager shall not permit, and shall make an attempt to prohibit, any loud music, noise, or other amplified sounds, as well as parking lot loitering, gatherings, or other activities than may disrupt the quiet and peace of the
premises, surrounding commercial uses, and surrounding
land uses.

RP
AW
GF
SH
AM
10 The on-site manager shall take whatever steps are deemed necessary to assure the orderly conduct of employees,
patrons, and visitors on the premises.

RP
AW
GF
SH
AM
246

Standards In Favor Not in
Favor
Self-Storage
1 Any application for approval of a conditional use permit for a self-storage use shall include a demand study that supports the need for the new business to accommodate population growth within the City of Oakley rather than growth of
surrounding jurisdictions.

RP
AW
GF
SH
AM
2 Any self-storage proposed as a part of a mixed-use project with a retail/commercial frontage in the C (General
Commercial) District shall meet the following minimum
standards:

1. The project shall be designed so only the storefronts for the retail component and tenant spaces/buildings are directly accessible and visible from the main street frontage, with the exception of the self-storage leasing office, which may also be accessible and visible from the main street frontage.

All building area for self-storage shall be located behind the frontage buildings.

2. Off-street parking for the commercial component
shall provide at least 1 parking space per 200 square feet of gross floor area, regardless of any known uses at the time of the conditional use permit application, unless those uses require a higher number of parking spaces for the relative floor area, in which case that number should be applied to that relative floor area.

3. The storing or renting of moving vans/trucks shall
only be allowed if explicitly stated in the conditional use permit.

Moving vehicles may only consist of self-motorized vehicles and shall be stored in designated areas that do no occupy required parking or drive aisles associated with the selfstorage. No moving vehicles may be stored in areas visible from the adjacent right of way(s) or be used as signage.

RP
AW
GF
SH
RP
AW
GF
SH
RP
AW
GF
SH
AM
AM
3 Hours of operation for entrance to the self-storage area may be limited as a condition of approval in the conditional use permit.

RP
AW
GF
SH
AM
4 The applicant shall prepare and submit a litter control, and/or recycling plan as a part of the conditional use permit
RP
AW
AM
247

Standards In Favor Not in
Favor
application that shall be included in the leasing contract for all future tenants of the site (if part of a mixed-use project). In addition to the litter control plan, the site shall be maintained in a litter free condition and no unreasonable odors shall be generated on the site. The on-site manager shall make all reasonable efforts to see that trash and litter originating from the use or its patrons is not deposited on adjacent properties or left on the grounds of the use overnight. Employees shall be required daily to pick up trash or litter on or adjacent to the site, as well as any visible litter originating from the site and within 300 feet of the perimeter. Any graffiti shall be removed within 48 hours of it being discovered.

GF
SH
5 The on-site manager shall not permit, and shall make an attempt to prohibit, any loud music, noise, or other amplified sounds, as well as parking lot loitering, gatherings, or other activities than may disrupt the quiet and peace of the
premises, surrounding commercial uses, and surrounding
land uses.

RP
AW
GF
SH
AM
6 The on-site manager shall take whatever steps are deemed necessary to assure the orderly conduct of employees,
patrons, and visitors on the premises.

RP
AW
GF
SH
AM
248
Ordinance No. XX-22 1 of 9
ORDINANCE NO. XX-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY ADOPTING ZONING TEXT AMENDMENTS TO ARTICLE 12 OF CHAPTER 1 OF TITLE 9 OF THE OAKLEY MUNICIPAL CODE (“SPECIAL LAND USES”) – ADDING FOUR

SUBSECTIONS TO ADDRESS DRIVE-THROUGH RESTAURANTS, CARWASHES, GAS STATIONS, AND SELF-STORAGE (RZ 04-21)
The City Council of the City of Oakley does ordain as follows:

SECTION 1. Subsection 9.1.1210 of the Oakley Municipal Code, titled “Gasoline Service Stations. – Reserved,” is hereby amended to have the title, “Reserved.” SECTION 2. Subsection 9.1.1236, titled “Drive-Through Restaurants,” is hereby added to the Oakley Municipal Code in its entirety, as follows:
“9.1.1236 Drive-Through Restaurants.
a. Purpose and Intent. It is the purpose of this subsection to specify performance and operational standards for restaurants or food-related uses seeking to incorporate one or more drive-through lanes in association with the proposed use. 1) This subsection shall apply to any use proposed within the City of Oakley that is considered a “Drive-thru Restaurants and Services,” and that is a restaurant or food/drink-related business.
b. Definitions and Meanings.
1) For the purposes of this subsection “Drive-Through” is interchangeable with “Drive-thru” found elsewhere in the Oakley Municipal Code. 2) “Sensitive Uses,” as referenced in this subsection shall mean any Residential or Agricultural designated property, whether occupied or vacant, on the Oakley General Plan Land Use Map, any legal and conforming residential use, or any public or private school with students in any grade ranging from K-12. Residential uses located in non-residential zoning districts and General Plan land use designations are not be considered “Sensitive Uses” for the purposes of this subsection. Other uses may be considered as “Sensitive Uses” subject to the discretion of the Community Development Director.
c. Performance Standards.
1) An application for a proposed drive-through restaurant shall include a traffic analysis that specifically analyzes onsite and nearby pedestrian/bicycle safety and drive-through lane queuing. This analysis is in addition to any Vehicle Miles Traveled (“VMT”) or Level of Service (“LOS”) analysis that may already be required.
249
Ordinance No. XX-22 2 of 9
2) An application for a proposed drive-through restaurant shall include either a detailed acoustical analysis of the menu board speaker consistent with the proposed site plan, or a detailed specification sheet on the menu board speaker and any sound reducing technologies it may incorporate. All menu board speakers shall function in compliance with the City of Oakley General Plan.
3) Any proposed drive-through restaurant shall be a minimum of 300 feet (three-hundred feet) from the parcel lines of any school within the Antioch Unified School District, Brentwood Elementary School District, Oakley Union Elementary School District, and Liberty Union High School District, as measured by the shortest distance in a straight line on a map to the limits of the drive-through restaurant’s drive-through lane, building dimensions, or entry driveways, whichever is nearest.
4) No portion of the drive-through lane or its required queuing as determined in the traffic analysis shall obstruct any drive aisles or off-street parking.

The drive-through shall not take ingress or egress from a local residential road.
5) The entire drive-through lane shall be screened from adjacent street and residential views to a height of at least three feet. Screening devices shall be a combination of berming, hedge and landscape materials, and solid walls as approved by the Community Development Director. 6) Menu boards shall be oriented or screened to avoid direct visibility from adjacent public streets.
7) The speaker box on menu boards shall be oriented away from adjacent residential uses or other commercial uses with an outdoor setting. 8) Pedestrian access to the building either from the parking lot or public right of way shall not cross the drive-through lane at any point between the last queuing area and end of the building facade where the pick-up window is located.
d. Operational Standards.
1) Hours of operation may be limited as a condition of approval in the conditional use permit as necessary to achieve compatibility with adjacent sensitive land uses.
2) The applicant shall prepare and submit a litter control, and/or recycling plan as a part of the conditional use permit application. In addition to the litter control plan, the site shall be maintained in a litter free condition and no unreasonable odors shall be generated on the site. The on-site manager shall make all reasonable efforts to see that trash and litter originating from the use or its patrons is not deposited on adjacent properties, or left on the 250
Ordinance No. XX-22 3 of 9
grounds of the use overnight. Employees shall be required daily to pick up trash or litter on or adjacent to the site, as well as any visible litter originating from the site and within 300 feet of the perimeter. Any graffiti shall be removed within 48 hours of it being discovered.
3) The on-site manager shall not permit and shall make an attempt to prohibit any loud music, noise, or other amplified sounds, as well as parking lot loitering, gatherings, or other activities than may disrupt the quiet and peace of the premises, surrounding commercial uses, and surrounding land uses. 4) The on-site manager shall take whatever steps are deemed necessary to assure the orderly conduct of employees, patrons, and visitors on the premises.”
SECTION 3. Subsection 9.1.1238, titled “Carwashes,” is hereby added to the Oakley Municipal Code in its entirety, as follows:
“9.1.1238 Carwashes.
a. Purpose and Intent. It is the purpose of this subsection to specify performance and operational standards for carwashes.
1) This subsection shall apply to any carwash use proposed within the City of Oakley, including carwashes ancillary to gas stations, self-service carwashes, stand-alone automated carwashes, and carwash businesses that may include additional detailing whether indoors or under a shade structure.
b. Definitions and Meanings.
1) For the purposes of this subsection “Carwash” may include the types of carwashes listed above. If a part of this subsection only applies to specific type of carwash, it will be explicitly stated as such. Otherwise, the part applies to all types of carwashes.
2) “Sensitive Uses,” as referenced in this subsection shall mean any Residential or Agricultural designated property, whether occupied or vacant, on the Oakley General Plan Land Use Map, any legal and conforming residential use, or any public or private school with students in any grade ranging from K-12. Residential uses located in non-residential zoning districts and General Plan land use designations are not be considered “Sensitive Uses” for the purposes of this subsection. Other uses may be considered as “Sensitive Uses” subject to the discretion of the Community Development Director.
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Ordinance No. XX-22 4 of 9
c. Performance Standards.
1) An application for a proposed carwash shall include a traffic analysis that specifically analyzes onsite and nearby pedestrian/bicycle safety and queuing. This analysis is in addition to any Vehicle Miles Traveled (“VMT”) or Level of Service (“LOS”) analysis that may already be required. 2) An application for a proposed carwash shall include a detailed acoustical analysis of noise generated by the use, and confirm that the use complies with the noise thresholds in the City of Oakley General Plan in relation to noise impacts on sensitive uses. If a generally accepted decibel variance allowance would result in the noise exceeding a threshold, the noise source shall be reduced until the analysis shows the noise, including any decibel variance allowance, falls within the thresholds in the General Plan. 3) Any proposed carwash shall be a minimum of 300 feet (three-hundred feet) from the parcel lines of any school within the Antioch Unified School District, Brentwood Elementary School District, Oakley Union Elementary School District, and Liberty Union High School District, as measured by the shortest distance in a straight line on a map to the limits of the carwash building. 4) There shall be no more than one carwash located within any shopping center or contiguous commercial properties that have internally shared access. In addition, no new carwash shall be proposed within 1,000 feet of an existing carwash as measured between the shortest distance from either the perimeter of the carwash operations or parcel lines, subject to the determination by the Community Development Director.
5) No portion of the required queuing as determined in the traffic analysis shall obstruct any drive aisles or off-street parking.
6) The entire carwash queuing lane shall be screened from adjacent street and residential views to a height of at least three feet. Screening devices shall be a combination of berming, hedge and landscape materials, and solid walls as approved by the Community Development Director. 7) Any speaker box on automated payment machine shall be oriented away from adjacent residential uses or other commercial uses with an outdoor setting.
8) Pedestrian access to the building either from the parking lot or public right of way shall not cross the queuing lane at any point between the automated payment machine and entrance to the carwash. Nor should it be located within 25 feet of the exit of the carwash.
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Ordinance No. XX-22 5 of 9
d. Operational Standards.
1) Hours of operation may be limited as a condition of approval in the conditional use permit as necessary to achieve compatibility with adjacent sensitive land uses.
2) The applicant shall prepare and submit a litter control, and/or recycling plan as a part of the conditional use permit application. In addition to the litter control plan, the site shall be maintained in a litter free condition and no unreasonable odors shall be generated on the site. The on-site manager shall make all reasonable efforts to see that trash and litter originating from the use or its patrons is not deposited on adjacent properties, or left on the grounds of the use overnight. Employees shall be required daily to pick up trash or litter on or adjacent to the site, as well as any visible litter originating from the site and within 300 feet of the perimeter. Any graffiti shall be removed within 48 hours of it being discovered.
3) The on-site manager shall not permit and shall make an attempt to prohibit any loud music, noise, or other amplified sounds, as well as parking lot loitering, gatherings, or other activities than may disrupt the quiet and peace of the premises, surrounding commercial uses, and surrounding land uses. 4) The on-site manager shall take whatever steps are deemed necessary to assure the orderly conduct of employees, patrons, and visitors on the premises.”
SECTION 4. Subsection 9.1.1240, titled “Gas Stations,” is hereby added to the Oakley Municipal Code in its entirety, as follows:
“9.1.1240 Gas Stations.
a. Purpose and Intent. It is the purpose of this subsection to specify performance and operational standards for gas stations.
1) This subsection shall apply to any gas station use proposed within the City of Oakley, whether or not they include a convenience store, carwash, or vacuum stations.
b. Definitions and Meanings.
1) For the purposes of this subsection “Gas Station” is interchangeable with “Gasoline Service Station” found elsewhere in the Oakley Municipal Code. 2) “Sensitive Uses,” as referenced in this subsection shall mean any Residential or Agricultural designated property, whether occupied or vacant, on the Oakley General Plan Land Use Map, any legal and conforming residential use, or any public or private school with students in any grade ranging from K-12. Residential uses located in non-residential 253
Ordinance No. XX-22 6 of 9
zoning districts and General Plan land use designations are not be considered “Sensitive Uses” for the purposes of this subsection. Other uses may be considered as “Sensitive Uses” subject to the discretion of the Community Development Director.
c. Performance Standards.
1) An application for a gas station shall include a traffic analysis that specifically analyzes onsite and nearby pedestrian/bicycle safety. This analysis is in addition to any Vehicle Miles Traveled (“VMT”) or Level of Service (“LOS”) analysis that may already be required.
2) Any proposed gas station shall be a minimum of 300 feet (three-hundred feet) from the parcel lines of any school within the Antioch Unified School District, Brentwood Elementary School District, Oakley Union Elementary School District, and Liberty Union High School District, as measured by the shortest distance in a straight line on a map from to the limits of the gas station’s parcel lines, building dimensions, or entry driveways, whichever is nearest.
3) Any proposed gas station shall be minimum of 500 feet from an existing gas station, as measured between the shortest distance from either the perimeter of the gas station operations or parcel lines, subject to the determination by the Community Development Director. Except that any intersection of two arterial streets (as defined in the City’s General Plan) may have two gas stations on separate corners. In the case where there are two gas station on two corner, efforts should be made so the two gas stations mainly serve opposite flows of traffic.
4) The speakers on gas pumps shall comply with all applicable noise regulations in the Oakley General Plan.
5) Any new gas station shall include a parking location for fueling trucks that does not block or cross over any required drive aisles or off-street parking spaces.
6) Any new gas station shall consider including alternative fuels pumps as an option to customers with alternative fuel vehicles.
d. Operational Standards.
1) Hours of operation for all or any individual component of a gas station (i.e. pumps, convenience store, carwash, or vacuum stations) may be limited as a condition of approval in the conditional use permit as necessary to achieve compatibility with adjacent sensitive land uses.
2) The applicant shall prepare and submit a litter control, and/or recycling plan as a part of the conditional use permit application. In addition to the litter 254
Ordinance No. XX-22 7 of 9
control plan, the site shall be maintained in a litter free condition and no unreasonable odors shall be generated on the site. The on-site manager shall make all reasonable efforts to see that trash and litter originating from the use or its patrons is not deposited on adjacent properties, or left on the grounds of the use overnight. Employees shall be required daily to pick up trash or litter on or adjacent to the site, as well as any visible litter originating from the site and within 300 feet of the perimeter. Any graffiti shall be removed within 48 hours of it being discovered.
3) The on-site manager shall not permit and shall make an attempt to prohibit any loud music, noise, or other amplified sounds, as well as parking lot loitering, gatherings, or other activities than may disrupt the quiet and peace of the premises, surrounding commercial uses, and surrounding land uses. 4) The on-site manager shall take whatever steps are deemed necessary to assure the orderly conduct of employees, patrons, and visitors on the premises.”
SECTION 5. Subsection 9.1.1242, titled “Self-Storage,” is hereby added to the Oakley Municipal Code in its entirety, as follows:
“9.1.1242 Self-Storage.
a. Purpose and Intent. It is the purpose of this subsection to specify performance and operational standards for self-storage.
1) This subsection shall apply to any self-storage use proposed within the City of Oakley, including self-storage uses that incorporate a component of frontage retail or other commercial activities.
b. Definitions and Meanings.
1) For the purposes of this subsection “Self-Storage” is interchangeable with “Mini-storage Facility” found elsewhere in the Oakley Municipal Code. Selfstorage does not refer to any sort of outdoor storage of materials, vehicles, equipment, etc. It applies to the conventional self-storage use where customers rent lockable space to store personal goods
c. Performance Standards.
1) Any application for approval of a conditional use permit for a self-storage use shall include a demand study that supports the need for the new business in order to accommodate population growth within the City of Oakley rather than growth of surrounding jurisdictions. 2) Any self-storage proposed as a part of a mixed-use project with a retail/commercial frontage in the C (General Commercial) District shall meet the following minimum standards:
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Ordinance No. XX-22 8 of 9
i. The project shall be designed so only the storefronts for the retail component and tenant spaces/buildings are directly accessible and visible from the main street frontage, with the exception of the selfstorage leasing office, which may also be accessible and visible. All building area for self-storage shall be located behind the frontage buildings.
ii. Off-street parking for the commercial component shall provide at least 1 parking space per 200 square feet of gross floor area, regardless of any known uses at the time of the conditional use permit application, unless those uses require a higher number of parking spaces for the relative floor area, in which case that number should be applied to that area.
iii. The storing or renting of moving vans/trucks shall only be allowed if explicitly stated in the conditional use permit. Moving vehicles may only consist of self-motorized vehicles and shall be stored in designated areas that do no occupy required parking or drive aisles associated with the self-storage. No moving vehicles may be stored in areas visible from the adjacent right of way(s) or be used as signage.
d. Operational Standards.
1) Hours of operation for entrance to the self-storage area may be limited as a condition of approval in the conditional use permit.
2) The applicant shall prepare and submit a litter control, and/or recycling plan as a part of the conditional use permit application that shall be included in the leasing contract for all future tenants of the site (if part of a mixed-use project). In addition to the litter control plan, the site shall be maintained in a litter free condition and no unreasonable odors shall be generated on the site. The on-site manager shall make all reasonable efforts to see that trash and litter originating from the use or its patrons is not deposited on adjacent properties, or left on the grounds of the use overnight. Employees shall be required daily to pick up trash or litter on or adjacent to the site, as well as any visible litter originating from the site and within 300 feet of the perimeter.

Any graffiti shall be removed within 48 hours of it being discovered. 3) The on-site manager shall not permit and shall make an attempt to prohibit any loud music, noise, or other amplified sounds, as well as parking lot loitering, gatherings, or other activities than may disrupt the quiet and peace of the premises, surrounding commercial uses, and surrounding land uses. 4) The on-site manager shall take whatever steps are deemed necessary to assure the orderly conduct of employees, patrons, and visitors on the premises.”
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Ordinance No. XX-22 9 of 9
SECTION 6. California Environmental Quality Act (CEQA).

This project is exempt from environmental analysis under the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that the proposed amendments will not have a significant effect on the environment in that they do not relax any land use requirements or bypass any project’s requirement to comply with CEQA.

SECTION 7. Effective Date and Posting.

This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk shall cause the ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation, or by publishing a summary of the proposed ordinance, posting a certified copy of the proposed ordinance in the City Clerk’s Office at least five (5) days prior to the City Council meeting at which the ordinance is to be adopted, and within fifteen (15) days after its adoption, publishing a summary of the ordinance with the names of the Council Members voting for and against the ordinance.

PASSED, APPROVED AND ADOPTED this 27th day of September, 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
________________
Randy Pope, Mayor
ATTEST:
___________________ _________________
Libby Vreonis, City Clerk Date
257

STAFF REPORT
Approved and Forwarded to the City Council
Date: September 13, 2022
To: Joshua McMurray, City Manager
From: Derek P. Cole, City Attorney
Subject: Urgency Ordinance Imposing a Moratorium on the Permitting of Hydrocarbon Development within City Limits to Allow for Evaluation of the Public Health and Environmental Impacts and the Enactment of Further and Appropriate Regulations Concerning the Same Background and Discussion
On May 24, 2022, during the future-agenda items portion of the City Council Meeting, two councilmembers requested that the City consider an agenda item concerning a moratorium on new oil and gas operations within City limits. At its August 9, 2022 City Council meeting, Staff was directed to present a proposed moratorium ordinance for consideration at a future Council meeting.

State law permits a city to adopt an interim ordinance that prohibits otherwise permitted uses when those uses conflict with potential land use proposals that the city is considering, studying, or intending to study within a reasonable time. These measures require a four-fifths vote of the city council. As part of the ordinance, the council must make a finding that there is a current and immediate threat to the public health, safety or welfare.

The proposed ordinance imposes an initial, 45-day moratorium on new oil and gas— referred to as “hydrocarbon”—development anywhere within the City. The 45-day limit of this ordinance is due to the specific requirements for “interim” or “urgency” zoning ordinances. Per Government Code section 65858, an urgency ordinance may only initially be enacted for a period of up to 45 days. The City Council thereafter may only extend the ordinance two additional times—first, for a period of 10 months and 15 days; and second, for a period of up to one year. In total, the urgency moratorium may last for two years.

As was explained during the City Council’s previous workshop, the Oakley Municipal Code currently addresses hydrocarbon development. Section 9.1.1216 of the Code regulates the exploration for, drilling, redrilling, and recovery of oil, gas, and other hydrocarbons, including injection wells. Section 9.1.1216 conditionally permits hydrocarbon development in certain zones, subject to varying development and distance requirements depending on the zone in which the activities occur.
258
Urgency Ordinance Imposing a Moratorium on the Permitting of Hydrocarbon Development within City Limits to Allow for Evaluation of the Public Health and Environmental Impacts and the Enactment of Further and Appropriate Regulations Concerning the Same September 13, 2022

As drafted, the proposed ordinance would declare as the City Council’s findings that:
“A. Hydrocarbon excavation and development have undergone considerable technological advances in recent years, including the development of stimulation techniques, such as hydraulic fracturing, or ‘fracking.’
B. The City’s regulation of hydrocarbon development was enacted several years ago, and it is unlikely the City’s current suite of regulations is adequate to address the potential impacts to public health and safety that could be created by the application of the technological advances in hydrocarbon development in recent years.

C. Hydrocarbon development has the potential for significant and immediate impacts on the health, safety, and welfare of the citizens of Oakley through increased noise, odor, dust, traffic, and other disturbances, as well as the potential to significantly impact the City’s air, water, soil, biological quality, geology, water, stormwater and wastewater infrastructure, transportation, emergency response plans, and other aesthetic values and community resources.

D. Without the imposition of a temporary moratorium on new hydrocarbon development within the City, the City may be required to process applications for such development even though its existing regulations require updating based on study and analysis that results in recommendations of new standards and best practices for hydrocarbon operations.” If the Council enacts the proposed moratorium, then for so long as the ordinance is in effect, including through any extension, the City shall not receive, accept, process, or approve any application for any permit under OMC Section 9.1.1216 or otherwise concerning hydrocarbon development operations.

As a condition for adoption of the proposed urgency ordinance, the City Manager, or designee, would be required to prepare a report describing the measures taken to alleviate the condition which led to adoption of the ordinance for presentation to the City Council no later than ten days prior to the expiration of the ordinance. Staff believes the Planning Commission would be the proper body to vet the issues concerning, and new or different approaches to regulating, hydrocarbon development within city limits. 259
Urgency Ordinance Imposing a Moratorium on the Permitting of Hydrocarbon Development within City Limits to Allow for Evaluation of the Public Health and Environmental Impacts and the Enactment of Further and Appropriate Regulations Concerning the Same September 13, 2022

Recommendation
Staff recommends that the City Council consider the proposed urgency ordinance.

Should four-fifths of the City Council vote to enact the urgency ordinance, the ordinance would become effective immediately, for a period of 45 days unless extended.

Consistency with the Oakley Strategic Plan 27+
The proposed ordinance would further the Community Health and Safety goal in that it would be designed to protect the city’s public and prioritize safe streets, healthy neighborhoods, and robust community resources to benefit its most valued assets—its people.

Attachment

1. Proposed Moratorium Ordinance Concerning Hydrocarbon Operations 260
Ordinance No. XX-22 Page 1 of 4
ORDINANCE NO. XX-22

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY

IMPOSING A MORATORIUM ON THE PERMITTING OF HYDROCARBON

DEVELOPMENT WITHIN CITY LIMITS TO ALLOW FOR EVALUATION OF THE

PUBLIC HEALTH AND ENVIRONMENTAL IMPACTS AND THE ENACTMENT OF

FURTHER AND APPROPRIATE REGULATIONS CONCERNING THE SAME WHEREAS, Section 9.1.1216 of the Oakley Municipal Code (“OMC”) regulates the exploration for, drilling, redrilling, and recovery of oil, gas, and other hydrocarbons, including injection wells (these activities are collectively referred to within as “hydrocarbon development”); and
WHEREAS, OMC Section 9.1.1216 conditionally permits hydrocarbon development in certain zones, subject to varying development and distance requirements depending on zone in which the activities occur; and
WHEREAS, at its City Council meeting on August 9, 2022, the City Council held a workshop in which it received public testimony concerning the potential adverse impacts to public health and the environment from hydrocarbon development within East Contra Costa County, including potentially within Oakley city limits; and WHEREAS, pursuant to the City of Oakley’s police power, the City Council of the City of Oakley has the authority to enact and enforce ordinances and regulations for the public peace, morals, and welfare of the City and its residents; and WHEREAS, California Government Code Section 65858 provides that, without following the procedures otherwise required prior to the adoption of a zoning ordinance and for the purpose of protecting the public safety, health and welfare, the City Council may adopt, as an urgency measure, an interim ordinance prohibiting any uses which may be in conflict with “a contemplated general plan, specific plan, or zoning proposal that the City Council, planning commission or the planning department is considering or studying or intends to study within a reasonable time”; and
WHEREAS, consistent with the above authorty, and in response to conditions and evidence of which it has recently become aware, the City Council desires to adopt a moratorium on the permitting of hydrocarbon development within city limits to allow for evaluation of whether the existing City regulation concerning such uses are sufficient to protect the public health and environment; and
WHEREAS, for the reasons more fully described within, the City Council determines, by at least a four-fifths (4/5) vote, that this urgency ordinance is a matter of City-wide importance, is a reasonable and necessary measure designed for the immediate preservation and protection of the public health, safety, or welfare of the community; and is in accordance with the public purposes and provisions of applicable State and local laws and requirements.
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Ordinance No. XX-22 Page 2 of 4

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLEY DOES ORDAIN AS FOLLOWS:

SECTION 1. MORATORIUM FINDINGS.

A. Hydrocarbon excavation and development have undergone considerable technological advances in recent years, including the development of stimulation techniques, such as hydraulic fracturing, or “fracking.” B. The City’s regulation of hydrocarbon development was enacted several years ago, and it is unlikely the City’s current suite of regulations is adequate to address the potential impacts to public health and safety that could be created by the application of the technological advances in hydrocarbon development in recent years.

C. Hydrocarbon development has the potential for significant and immediate impacts on the health, safety, and welfare of the citizens of Oakley through increased noise, odor, dust, traffic, and other disturbances, as well as the potential to significantly impact the City’s air, water, soil, biological quality, geology, water, stormwater and wastewater infrastructure, transportation, emergency response plans, and other aesthetic values and community resources.

D. Without the imposition of a temporary moratorium on new hydrocarbon development within the City, the City may be required to process applications for such development even though its existing regulations require updating based on study and analysis that results in recommendations of new standards and best practices for hydrocarbon operations.

E. There is a current and immediate threat to the public health, safety, and welfare of the City and its residents, thereby necessitating the immediate enactment of this urgency moratorium, in that the approval of any permits for new oil and gas development in the City would be required to be processed under the City’s existing rules and procedures, which require additional study and revisions to comport with changes in state law and industry practices.

F. The adoption of this urgency moratorium is necessary to protect the City and its residents, businesses, and visitors from the potential health and safety impacts of oil and gas operations under current City regulations, including concerns with air quality, noise, spills, and other impacts, and to preserve the quality of life, health, safety, and welfare of the community.

G. Imposition of the moratorium will allow the City sufficient time to conclude the preparation of a comprehensive ordinance for the regulation of hydrocarbon activities moving forward. The absence of this urgency measure would create a serious threat to the orderly and effective implementation of any amendments to the OMC which may be adopted by the City Council as a result of studying this issue, in that new hydrocarbon 262
Ordinance No. XX-22 Page 3 of 4
activities under the existing City rules and procedures may be in conflict with or frustrate the contemplated updates and revisions to the OMC and General Plan.

SECTION 2. IMPOSITION OF MORATORIUM.

For so long as this Ordinance is in effect, including through any extension, the City shall not receive, accept, process, or approve any application for any permit under OMC Section 9.1.1216 or otherwise concerning hydrocarbon development operations.

SECTION 3. CEQA FINDING.

The City Council determines that the provisions of this ordinance are exempt from the California Environmental Quality Act (“CEQA”) because the instant ordinance involves continuing administrative activities and thus is not a project, as CEQA defines, pursuant to Section 15378(b)(2) of the CEQA Guidelines. To the extent the adoption of this Ordinance constitutes a project, the City Council finds pursuant to CEQA Guideline Section 15061(b)(3) that the project is exempt from environmental review because it can be seen with certainty that the adoption of the ordinance would not have any significant impact on the environment.

SECTION 4. REPORT.

The City Manager, or designee, is authorized and directed to prepare the report required by paragraph (d) of California Government Code Section 65858 describing the measures taken to alleviate the condition which led to adoption of this Ordinance for presentation to the City Council no later than ten days prior to the expiration of this Ordinance.

SECTION 5. EFFECTIVE DATE; FOUR-FIFTHS VOTE REQUIRED.

This Ordinance shall become effective immediately upon adoption if adopted by at least a four-fifths (4/5) vote of the total members of the City Council and shall be in effect for forty-five (45) days from the date of adoption, unless extended by the City Council as provided in California Government Code Section 65858.

SECTION 6. PUBLICATION.

The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance or a summary thereof to be printed once within fifteen (15) days after its adoption in a newspaper of general circulation, published and circulated in the City of Oakley.
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Ordinance No. XX-22 Page 4 of 4
PASSED, APPROVED, AND ADOPTED this 13th day of September 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
________________
Randy Pope, Mayor
ATTEST:
___________________ _________________
Libby Vreonis, City Clerk Date
264

STAFF REPORT
Agenda Date: ________
Agenda Item: ________
Approved and Forwarded to the City Council
Date: September 13, 2022
To: Joshua McMurray, City Manager
From: Kenneth W. Strelo, Planning Manager
Subject: Letter of Support to the Contra Costa County Board of Supervisors to Ban all Future Oil and Gas Drilling and Shut Down Current Oil and Gas Drilling Operations Countywide
Summary
This is a City Council-initiated request for the City Council to consider adoption of a resolution approving a letter of support from the City of Oakley City Council to the Contra Costa County Board of Supervisors to ban oil and gas drilling operations within the County. Specifically, the letter of support and resolution request the County Board of Supervisors to ban all future oil and gas drilling and to shut down the current oil and gas extraction operations within the County.

Recommendation
Adopt a resolution authorizing the Mayor, on behalf of the Oakley City Council, to sign a letter of Support to the Contra Costa County Board of Supervisors to ban all future oil and gas drilling Countywide and shut down current oil and gas drilling operations and directing City Staff to distribute the letter and resolution on the Mayor’s behalf.

Background
On May 24, 2022, Councilmember Higgins, with the support of Councilmember Williams, requested a future agenda item for the City Council to consider a resolution to the County Board of Supervisors to ban oil and gas drilling operations throughout the County. On August 9, 2022, the City Council held a work session to discuss the direction of the City in regard to the City’s current ordinance regulating oil and gas drilling operations. At that meeting, it was confirmed to bring back a resolution for consideration regarding a letter to the County Board of Supervisors to ban oil and gas drilling operations throughout the County.

Historically, Contra Costa County, including portions of east Contra Costa County, has been an active location for oil and gas drilling. As of current day, most oil and gas wells have been plugged and a few are inactive. According to the California Department of 265
Letter of Support to the Contra Costa County Board of Supervisors to Ban all Future Oil and Gas Drilling and Shut Down Current Oil and Gas Drilling Operations Countywide September 13, 2022

Conservation Well Finder map1, there are three active oil and gas wells all within close proximity to each other within unincorporated Contra Costa County just south of the City of Antioch city limit. Specifically, they are located approximately 600 feet east of Deer Valley Road and approximately 1.5 miles north of Balfour Road. Another 15 active gas storage wells and one active gas observation well are located in unincorporated Contra Costa County north of Highway 4 just east of Port Chicago Highway. The Well Finder map website did not turn up any other active gas or oil wells within either unincorporated Contra Costa County or within any city limits within the County. As of current day, there appears to be three active oil and gas wells, 15 active gas storage wells, and one active gas observation well within the entire County.

Actions by Other Jurisdictions and Agencies
Diablo Water District (“DWD”): On October 27, 2021, the Diablo Water District Board of Directors adopted Resolution 2021-29 stating opposition to future oil and gas wells in east Contra Costa County. Copies of the adopted resolution were forwarded to State Senator Steve Glazer, Assemblymember Jim Frazier, the Oakley City Council, the Brentwood City Council, and the Contra Costa Board of Supervisors.

City of Antioch: On January 25, 2022, the City of Antioch City Council unanimously adopted an ordinance amending the Antioch Municipal Code to prohibit oil and gas drilling production, and exploratory operations as permitted uses in the “M-2” (Heavy Industrial) zone and in the designated portion of the Sand Creek Focus Area of the “S” Study District resulting in a citywide ban.

City of Brentwood: On April 12, 2022 the City of Brentwood City Council unanimously adopted an interim urgency ordinance implementing a moratorium on new oil and gas development. That ordinance was effective for an initial 45-days. On May 26, 2022, the Brentwood City Council adopted an urgency ordinance extending the temporary prohibition on new oil and gas development for an additional 10 months and 15 days.

Proposed Letter and Resolution
The proposed letter contains the language in support of the County Board of Supervisors banning oil and gas drilling within the County. Similar to the proposed resolution, the letter calls out the actions taken by Diablo Water District, the City of Antioch, the City of Brentwood, and the City of Oakley (depending on Council’s decision on separate item to consider a moratorium on the use). Should the City Council have additional direction on the contents of either the letter or resolution, Staff will make those modification prior to execution of the resolution. There would be no need to continue the item to make any requested modifications to either document.

1 https://maps.conservation.ca.gov/doggr/wellfinder/#openModal 266
Letter of Support to the Contra Costa County Board of Supervisors to Ban all Future Oil and Gas Drilling and Shut Down Current Oil and Gas Drilling Operations Countywide September 13, 2022

Consistency with the City of Oakley Strategic Plan 2022-2027+ Adoption of the resolution would be consistent with at least two Goals of the City of Oakley Strategic Plan 2022-2027+ (“SP27+”). The first area of consistency is with the Community and Economic Development Goal which states, “The City of Oakley will inspire and encourage Community and Economic Development through strategic and thoughtful growth, a business-friendly environment, and local opportunities.” The second area of consistency is with the Community Health and Safety Goal which states “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.”
Fiscal Impact
There is no fiscal impact to the General Fund in relation to this item.

Recommendation
Adopt a resolution authorizing the Mayor, on behalf of the Oakley City Council, to sign a letter of support to the Contra Costa County Board of Supervisors to ban all future oil and gas drilling Countywide and shut down current oil and gas drilling operations and directing City Staff to distribute the letter and resolution on the Mayor’s behalf.

Attachments

1. Proposed Resolution with Exhibit “A” Proposed Letter addressed to Contra Costa County Board of Supervisors
267
Resolution No. XX-22 Page 1 of 2
RESOLUTION NO. XX-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY MAKING

FINDINGS TO APPROVE A LETTER OF SUPPORT TO THE CONTRA COSTA

COUNTY BOARD OF SUPERVISORS TO BAN ALL FUTURE OIL AND GAS

DRILLING COUNTYWIDE AND SHUT DOWN CURRENT OIL AND GAS DRILLING

OPERATIONS
WHEREAS, on May 24, 2022, at the regular Oakley City Council Meeting, Councilmember Sue Higgins, with the support of Councilmember Anissa Williams, requested a future agenda item for the City Council to consider a resolution to the County Board of Supervisors to ban oil and gas drilling operations throughout the County; and WHEREAS, on August 9, 2022, the Oakley City Council held a Work Session item to discuss the direction of the City in regard to the City’s current ordinance (Oakley Municipal Code Section 9.1.1216 Oil and Gas Drilling) regulating oil and gas drilling operations; and WHEREAS, hydrocarbon development has the potential for significant and immediate impacts on the health, safety, and welfare of the citizens of the County through increased noise, odor, dust, traffic, and other disturbances, as well as the potential to significantly impact the County’s air, water, soil, biological quality, geology, water, stormwater and wastewater infrastructure, transportation, emergency response plans, and other aesthetic values and community resources; and
WHEREAS, On October 27, 2021, the Diablo Water District Board of Directors adopted Resolution 2021-29 stating opposition to future oil and gas wells in east Contra Costa County. Copies of the adopted resolution were forwarded to State Senator Steve Glazer, Assemblymember Jim Frazier, the Oakley City Council, the Brentwood City Council, and the Contra Costa Board of Supervisors; and
WHEREAS, on January 25, 2022, the City of Antioch City Council unanimously adopted an ordinance amending the Antioch Municipal Code to prohibit oil and gas drilling production, and exploratory operations as permitted uses in the “M-2” (Heavy Industrial) zone and in the designated portion of the Sand Creek Focus Area of the “S” Study District, resulting in a citywide ban; and
WHEREAS, on April 12, 2022 the City of Brentwood City Council unanimously adopted an interim urgency ordinance implementing a moratorium on new oil and gas development. That ordinance was effective for an initial 45-days. On May 26, 2022, the Brentwood City Council adopted an urgency ordinance extending the temporary prohibition on new oil and gas development for an additional 10 months and 15 days; and WHEREAS, on September 13, 2022, the City of Oakley City Council adopted an urgency ordinance imposing a moratorium on the permitting of hydrocarbon development within the City limits to allow for evaluation of the public health and environmental impacts of the enactment of further and appropriate regulations concerning the use; and 268
Resolution No. XX-22 Page 2 of 2
WHEREAS, on September 13, 2022, the City Council considered this resolution as a regular calendar item at which time it received a report from City Staff, oral and written testimony from the public, and deliberated on the project. At the conclusion of its deliberations, the City Council took a vote and adopted this resolution, as revised by the City Council during its deliberations; and
WHEREAS, these Findings are based on the direction of the City Council and the information submitted to the City Council at its September 13, 2022 meeting, both written and oral, as reflected in the minutes of such meetings, together with the documents contained in the file for the Project (hereafter the “Record”).

NOW, THEREFORE, on the basis of the foregoing Findings and the entire Record, the City Council hereby approves a letter of support (Exhibit “A”) encouraging the County Board of Supervisors to ban all future oil and gas drilling and to shut down the current oil and gas extraction operations within the County.

BE IT FURTHER RESOLVED THAT, the City Council directs Staff to prepare the approved letter of support, as amended as a result of this item, for the Mayor’s signature on behalf of the City Council, and to distribute the letter on the Mayor’s behalf.

PASSED, APPROVED AND ADOPTED this 13th day of September, 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
________________
Randy Pope, Mayor
ATTEST:
___________________ _________________
Libby Vreonis, City Clerk Date
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CITY COUNCIL
Randy Pope, Mayor
Aaron Meadows, Vice Mayor
Anissa Williams
George Fuller
Sue Higgins

CITY HALL
3231 Main Street
Oakley, CA 94561
925.625.7000 tel
925.625.9859 fax
www.ci.oakley.ca.us
September 13, 2022
Contra Costa County Board of Supervisors
1025 Escobar Street
Martinez, CA 94553
Subject: Letter of Support to Contra Costa Board of Supervisors to Ban Oil and Gas Drilling Operations within Contra Costa County
Dear Contra Costa County Board of Supervisors:

The City of Oakley City Council recently held a work session on August 9, 2022 on the topic of oil and gas drilling operations and as a result received numerous public comments on the topic. The City Council recognizes that hydrocarbon development has the potential for significant and immediate impacts on the health, safety, and welfare of the citizens of the City and County through increased noise, odor, dust, traffic, and other disturbances, as well as the potential to significantly impact the City’s and County’s air, water, soil, biological quality, geology, water, stormwater and wastewater infrastructure, transportation, emergency response plans, and other aesthetic values and community resources.

In response to this work session, on September 13, 2022, City Council adopted an urgency ordinance imposing a moratorium on the permitting of hydrocarbon development within the City limits to allow for evaluation of the public health and environmental impacts of the enactment of further and appropriate regulations concerning the use. Within the past year, two other local jurisdictions and one agency in east Contra Costa County have also passed resolutions or ordinances related to oil and gas drilling operations.
 On October 27, 2021, the Diablo Water District Board of Directors adopted Resolution 2021-29 stating opposition to future oil and gas wells in east Contra Costa County. Copies of the adopted resolution were forwarded to State Senator Steve Glazer, Assemblymember Jim Frazier, the Oakley City Council, the Brentwood City Council, and the Contra Costa Board of Supervisors.  On January 25, 2022, the City of Antioch City Council unanimously adopted an ordinance amending the Antioch Municipal Code to prohibit oil and gas drilling production, and exploratory operations as permitted uses in the “M-2” (Heavy Industrial) zone and in the designated portion of the Sand Creek Focus Area of the “S” Study District resulting in a citywide ban.
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Subject: Letter of Opposition to Oil and Gas Drilling Operations within Contra Costa County

 On April 12, 2022, the City of Brentwood City Council unanimously adopted an interim urgency ordinance implementing a moratorium on new oil and gas development. That ordinance was effective for an initial 45-days. On May 26, 2022, the Brentwood City Council adopted an urgency ordinance extending the temporary prohibition on new oil and gas development for an additional 10 months and 15 days.

The Oakley City Council supports and encourages the Contra Costa County Board of Supervisors to join the Cities of Antioch, Brentwood, and Oakley, and Diablo Water District and consider banning all future oil and gas drilling operations and shut down current oil and gas extractions within unincorporated Contra Costa County.

Sincerely,
Randy Pope, Mayor
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