Oakley City Council
July 11, 2023

consistent with suburban uses. There is often overlap between the type of development envisioned within land use designations adjacent or near each other along the density scale.

Zoning
P-1 (Planned Unit Development) District – P-1 Districts are normally tied to a specific development project and often contain different development regulations, such as minimum lot sizes and/or required yard setbacks from those found in the conventional zoning districts. They are typically found as part of a large-scale development, an infill development, or a General Plan special area of concern. An existing P-1 District covers the current project site. It was originally adopted with a former single-family development and vesting tentative map. The tentative map for that project has since expired and since the currently proposed project envisions a new plan, a new P-1 District is required to be adopted.

Existing Conditions and Surrounding Land Uses
The project is located along the
western boundary of Sellers Avenue,
which is also the City limit line at the
project location. The project site
frontage along Sellers Avenue runs
728 feet. From there, the property
continues west where it intercepts the
BNSF (Burlington Northern Santa Fe)
railroad tracks which run in a
northwest-southeast direction. The
site currently exists as a ruderal field
that undergoes discing for
maintenance. It also includes a
couple of abandoned agricultural
buildings that sit about 400 feet west
of Sellers Avenue and near the site’s
northern property line. Rural
residential properties lie to the north,
south, and east. Those located in the
City are designated as Residential Very Low (RV) in the Oakley General Plan. An existing single family residential development is located on the other side of the railroad tracks. That development is designated as Residential Low Medium (RLM) in the Oakley General Plan. A few other parcels further south of the tracks have an approved subdivision project and two existing rural residential uses. This project site is designated Residential Low, the same as the proposed project site. Figure 1 shows the project site and surrounding properties.

Figure 1. Project site and surrounding properties
(Google Earth, Februray 11, 2022)
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Subject: Sellers Avenue Subdivision 9614 (RZ 01-22, TM 01-22, FDP 01-22, DR 01-22) Date: April 4, 2023

Preliminary General Plan Amendment
The applicant for this project also filed a Preliminary General Plan Amendment (PGPA) application (PA 05-21) with the Oakley Planning Division in 2021. After receiving feedback on another similar PGPA (also filed by the applicant), the applicant decided to not proceed with a PGPA Work Session for this project, and instead later file a vesting tentative map and associated entitlements with a density compliant with the existing land use designation of Residential Low (RL).

Project Description
Rezone (RZ 01-22)
The project application includes a request for approval of a rezone consisting of an amendment from an existing P-1 District approved for the now expired tentative map and development plan to a new P-1 District tied to the proposed tentative map and other proposed. This rezone would approve the project’s P-1 District in conjunction with the Vesting Tentative Map and Development Plan, which will establish the lot layout and sizes, minimum setbacks, street network, and ingress/egress for the project area.

The most likely conventional district that is compatible with the project’s land use designation would be the R-10 District, a single-family residential district with a minimum lot size of 10,000 square feet. The proposed P-1 District would allow for flexibility in the development standards related to minimum lot sizes and required yard setbacks. A P-1 District has no impact on the allowable density of the underlying General Plan Land Use Designation. Table 1 provides a comparison of the project’s P1 District and the conventional R-10 District relative development standards.

Table 1. Comparison of Project’s P-1 District and R-10 District Development Standards Min. Lot Size
(sf.)
Front Yard
Setback (ft.)
Side Yard
Setback (ft.)
Corner Side
Yard Setback
(ft.)
Rear Yard
Setback (ft.)
Project’s P-1
District
Per the VTM
(5,400
smallest lot)
12 (house)
18 (garage) 5 Not specified 14
R-10 District 10,000 20 (all) 5 (20
aggregate) 15 15
Vesting Tentative Map (TM 01-22)
The proposed project would result in the subdivision of approximately 20.42 acres into a new single-family residential subdivision of 77 lots, including private streets, stormwater detention treatment area, and a neighborhood park (See Figure 2). The project will also be dedicating approximately 2.73 acres of land along Sellers Avenue and the future Laurel Road extension right of way along the project’s northern boundary.

Approximately 2.76 acres will be required for the stormwater detention basin and open space/park area. As proposed, the gross density (includes gross acreage before right 673
Subject: Sellers Avenue Subdivision 9614 (RZ 01-22, TM 01-22, FDP 01-22, DR 01-22) Date: April 4, 2023

of way dedication, parks, landscaping,
etc.) would be approximately 3.77
dwelling units per gross acre (du/ga)
with residential lot sizes ranging
between 5,400 (32 lots) and 10,237
(Lot 8) square feet (sf), and an
average residential lot size of
approximately 5,970 sf.

Access to the neighborhood streets
would be via Sellers Avenue in two
locations; one near the center of the
project frontage between Lots 4 and 5, and another at the southern boundary of the project frontage (south of Lot 1). Internal roads would consist of two east-west roads connecting four north-south roads. A cul-de-sac would terminate on the western edge of the property near the detention basin and park. The east-west road along the southern boundary could potentially be designed into the undeveloped property to the south at a future date. The applicant has proposed a homeowner’s association to maintain the detention basin, park area, and all common areas of landscaping.

Dedication and improvements to Sellers Avenue will result in a 47-foot pavement width, including approximately 17 feet of the existing pavement on the east side of the centerline, and 32 feet of landscaping and a sidewalk on the project side. The applicant will also be dedicating 57 feet along the northern property line for the future improvements for the Laurel Road extension right of way, which will be a Citysponsored project crossing Laurel Road over the railroad tracks and connecting it to Sellers Avenue. The project will not be installing any of the Laurel Road improvements at this time, except for a sound wall on the private properties.

Final Development Plan (FDP 01-22)
A Final Development Plan (“FDP”) is a component of a P-1 District. The applicant is choosing to combine the FDP application with the Rezone application, which is allowed per the “Planned Unit Development (P-1)” section of the Oakley Municipal Code (Section 9.1.1002). Typically, the FDP includes the information provided on the Vesting Tentative Map and its related plans, as well as other information such as details on housing or elevations and heights of non-residential buildings. When FDPs are processed after a P-1 District is formed, the P-1 District will usually include a Preliminary Development Plan; however, an applicant may submit an FDP with a P-1 District rezone application so that it may be considered in conjunction with the rest of the project entitlements, such as what has occurred with this application. The proposed FDP includes a Development Plan that shows plotting of the different floor plans. The FDP will also establish the general neighborhood layout design, number and size of lots, types of residential structures, etc. Any requested change to the approved FDP would be reviewed by the Planning Commission/City Council where that body would determine whether the change is substantial enough to warrant a public hearing in order Figure 2. Vesting Tentative Map
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Subject: Sellers Avenue Subdivision 9614 (RZ 01-22, TM 01-22, FDP 01-22, DR 01-22) Date: April 4, 2023

to further review the request. For this project, each of the three proposed plans are plotted at least 25 times, with Plans 2 and 3 each plotted 26 times.

Design Review (DR 01-22
As part of the Design Review application, the applicant is proposing house floor plans, architecture, color and material schemes, and landscape plans, including for the overall site, typical front yards, and the proposed park area. The Design Review also includes details for proposed plants, including trees, proposed along Sellers Avenue, project streets, and in the park area. Illustrations for good neighbor fencing, the boundary/sound wall proposed and conditioned along various portions of the perimeter of the development, a design for a cluster mailbox, and enhanced paving are also included.

The project includes three different floor plans ranging from 2,054 sf. to 2,493 sf. of livable area consisting of two one-story and one two-story plans. All plans include a front-facing 2-car garage door, and a minimum of four bedrooms and 2.5 bathrooms.

Table 2 provides a summary of the proposed floor plans.

Table 2. Summary of Proposed Floor Plans
Livable sf. Livable sf. by
Floor (1st/2nd) Rooms Bathrooms Garage (sf./cars)
Plan 1 (4514) 2,054 2,054 / N/A 4 bedrooms 2.5 419 / 2
Plan 1 (4516) 2,176 2,176 / N/A 4 bedrooms 2.5 421 / 2
Plan 3 (4522) 2,493 1,135 / 1,358 4 bedrooms
1 loft 3 420 / 2
Three architectural styles are used for the three floor plans. They are referred to as Spanish (Elevation “A”), Santa Barbara (Elevation “B”), and Farmhouse (Elevation “C”).

Each of the three architectural styles has three color and material themes tied specifically to that style. Figure 3 shows the conceptual streetscape per the Applicant’s Plans.

Figure 3. Conceptual Streetscape per Applicant’s Plans
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Subject: Sellers Avenue Subdivision 9614 (RZ 01-22, TM 01-22, FDP 01-22, DR 01-22) Date: April 4, 2023

The Overall Landscape Plan shows approximately 170 new trees made up of 11 different species, including front yard trees located near the private street lines. There is also an average of one ornamental tree located in each private front yard near the house. Twenty-one 24” box trees are proposed along Sellers Avenue. Sound walls are labeled to be installed along Sellers Avenue, the railroad tracks, and the future improvement of Laurel Road. A condition of approval has been proposed that would require the height of the walls along Sellers Avenue and the railroad tracks (6- and 12- feet high, respectively) with the added requirement of an acoustical analysis to determine the required height of the wall along the future Laurel Road extension right of way that is consistent with the thresholds of the General Plan.

Environmental Review
California Environmental Quality Act Compliance
An Initial Study (“IS”) and Mitigated Negative Declaration (“MND”) have been prepared for this project pursuant to the California Environmental Quality Act (“CEQA”). Raney
Planning and Management conducted the CEQA analysis
survey on behalf of the City of Oakley. The Notice of Intent (“NOI”) to Adopt an MND and IS was circulated for public review and comment from November 3, 2022 to December
5, 2022. It was filed with the County Clerk and Governor’s Office of Planning and Research (“OPR”), distributed to over 60 public agencies and parties requesting such notice, and posted in the same manner as a Notice of Public hearing, which is at locations throughout the City and at the project site. The NOI provided a summary of the project as well as methods to access the IS/MND for review and comment.

Two comment letters were received in response to the NOI posting; one from the Department of Toxic Substances Control and one from the Central Valley Water Quality Control Board. The City’s CEQA consultants prepared a Response to Comments, which has been included as Exhibit “A” to the IS/MND attached to this Staff Report. As stated in the document, based on the responses to comment, recirculation of the IS/MND was not warranted.

Analysis in the IS found seven (7) of the 21 impact categories require mitigation to reduce potential impacts to a less than significant level. All other 14 impact categories were found to have either no impacts or a less than significant impacts based on CEQA thresholds of significance. A summary of the mitigation measures can be found in the Mitigation Monitoring Program, included as Exhibit “A” to the Proposed Resolution attached to this Staff Report.

The Planning Commission is making recommendations to the City Council on the entitlements associated with this application. Approval of the entitlements requires 676
Subject: Sellers Avenue Subdivision 9614 (RZ 01-22, TM 01-22, FDP 01-22, DR 01-22) Date: April 4, 2023

adoption of the CEQA IS/MND. Recommendation for adoption of the MND is included in the proposed resolution for recommendation for approval of the other entitlements associated with the project. The NOI and IS/MND are included as attachments to this Staff Report.

Habitat Conservation Plan/Natural Community Conservation Plan This project is subject to the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (“HCP/NCCP” or “HCP Plan”). Projects that are subject to the HCP Plan are required to submit a Planning Survey Report (“PSR”) as part of the project application. The contents of the PSR help guide the project through compliance with both the California and Federal Endangered Species Act by assuming presence of certain plant and animal species and requiring additional surveys to be done prior to any ground disturbance. In addition, whether species are found or not, the project must pay development impact fees for each acre, or fraction thereof, of the project area. Those development impact fees are used to help create, install, and maintain habitat outside of the Urban Limit Line, as well as administer the HCP Plan. The project would contribute $394,191.55 to the HCP/NCCP program under the impact fees current as of the date of this staff report.

Analysis
Rezone
When approving an application for a rezone to P-1 District, the City Council shall be satisfied that the following are true (summarized from OMC section 9.1.1002):
• The applicant intends to start construction within two years from the effective date of the zoning change;
• The development is consistent with the General Plan;
• If residential, it has sustained desirability and stability, and is in harmony with the character of surrounding neighborhoods; and
• The development of a harmonious, integrated plan justifies exceptions from the normal application of the OMC.

The Applicant has stated they plan to pursue development of the site if market conditions support it. The density and type of development is consistent with the General Plan, and similar to newer single family residential neighborhoods that must address on-site stormwater detention and that provide for on-site park facilities. The internal road network will only serve the project site; however, it is planned to consist of private road that will be maintained through a homeowner’s association and not public funds. The type of development associated with this density and lot size is expected to be desirable in that it includes a variety of homes sizes, and development includes a small pocket park. It falls somewhere in the middle of the density ranges of nearby residential neighborhoods. The density is lower than the existing neighborhood across 677
Subject: Sellers Avenue Subdivision 9614 (RZ 01-22, TM 01-22, FDP 01-22, DR 01-22) Date: April 4, 2023

the railroad tracks to the east, and it is higher than what is designated to the north and south. It is within one density range of all surrounding properties within the City of Oakley. Due to the significant requirement for dedication along Sellers Avenue and the future right of way for the Laurel Road extension (approximately 2.73 acres), and the approximately 2.76 acres used by the stormwater detention treatment area and pocket park, the P-1 District is justified to allow for project-specific development regulations in order to design a feasible project within the allowable range of the General Plan land use designation of RL.

Staff recommends the Planning Commission recommend City Council approval of the proposed Rezone application.

Vesting Tentative Map
The Vesting Tentative Map (“VTM”) has been reviewed against all applicable codes including the Subdivision Map Act, General Plan, and the Zoning Ordinance. The VTM’s gross density (approximately 3.77 du/ga) falls within the gross density range of the Residential Low (RL) General Plan Land Use Designation of 2.3-3.8 du/ga. The VTM is tied to a P-1 District, which becomes the specific zoning for this development and would result in all proposed lots being considered of standard lot size for this specific development.

The site is physically suitable for the project in that it is accessible, not physically constrained other than the reduction in net developable acres due to right of way dedication and onsite stormwater detention and treatment, is similar to surrounding residentially developed projects, and it is also able to accommodate the proposed density of development in a manner consistent with the underlying land use designation.

The subdivision is not expected to result in any serious public health problems. Public improvements are proposed and conditioned to occur as a result of the subdivision, which is a benefit to the public and surrounding residents and property owners of the vicinity. One such improvement will be the dedication and improvement of Sellers Avenue along the project frontage. The project will also dedicate land for the future Laurel Road extension, which is an important element to the City’s overall circulation patterns. Staff recommends the Planning Commission recommend City Council approval of the proposed Vesting Tentative Map application, as conditioned.

Final Development Plan
This Final Development Plan (“FDP”) makes up the plans that represent the underlying P-1 District. It will set forth the Development (Plotting) Plan, lot layout and sizes, and street network. It will also tie into the elements of the other entitlements, such as the Vesting Tentative Map and Design Review and make those details a part of the overall FDP. Future proposed amendments to the FDP are subject to the discretion of the Planning Commission/City Council as to whether they are substantial enough to require a public hearing or may be approved at a Staff level.
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Subject: Sellers Avenue Subdivision 9614 (RZ 01-22, TM 01-22, FDP 01-22, DR 01-22) Date: April 4, 2023

Staff recommends the Planning Commission recommend City Council approval of the proposed Final Development Plan application, as conditioned.

Design Review
Analysis for Design Review refers to the Standards for Review as laid out in OMC section 9.1.1604(f), which focuses on site planning, architecture, landscaping and site elements, and streetscapes. With these standards in mind, the proposed plans were analyzed for consistency with the adopted City of Oakley Residential Guidelines (“Guidelines”).

Neighborhood Layout and Design
The project has been designed so that all streets are enclosed to houses that will be in this subdivision, except for the possibility of future development to the south where the entire entry street abuts the property line. Due to the existing railroad tracks and future Laurel Road extension, there are no planned connectors to the west or north. Sellers Avenue abuts the east side where two entries are proposed (one that may be shared in the future by the property to the south). None of the houses will front onto Sellers Avenue or the future Laurel Road extension. Sounds walls are proposed along the railroad tracks and Sellers Avenue, and the project has been conditioned to also construct a wall along the future Laurel Road extension right of way subject to an acoustical study.

Residential Siting and Lot Design
Residential siting and lot design is important because it can create setback variations and add interest to the streetscape in a neighborhood. The applicant has established a minimum setback of 12 feet to the home and 18 feet to garages from the front property line which, as proposed with the existence of the parkway strip, is the back of sidewalk.

Side setbacks are set at a minimum 5 feet and rear setbacks at 14 feet. The P-1 District does not specify a corner side yard setback; however, based on the plotting plan, it appears every corner lot has a home setback at least 10 feet from the corner side yard property line. In the same sense, it appears most lots have an aggregate side yard setback of at least 15 feet with the garage being aligned with the wider of the two side yards possibly allowing for better wide yard access adjacent to the garage, which is consistent with Oakley’s Municipal Code related to driveway extensions. Having the wider side yard adjacent to the garage is consistent with Oakley Residential Design Guidelines.

For front yard setback variation, each home’s footprint varies so no home will meet at least the minimum setback for the garage or the main home. For example, When the garage is at 18 feet for Plan 2, the living area will be at 14. For Plan 1, with the living area at 12 feet, the garage will be at 22 feet. For Plan 3, with the garage at 18 feet, the living area is at 16.5 feet. None of the proposed homes will result in a setback of the minimum for both the garage and main home. Given the short distance between the garage and back of sidewalk created with an 18-foot setback to garages and a parkway 679
Subject: Sellers Avenue Subdivision 9614 (RZ 01-22, TM 01-22, FDP 01-22, DR 01-22) Date: April 4, 2023

strip, Staff is recommending the developer replace the parkway strip with a monolithic curb and sidewalk (more analysis on this in the Landscaping and Walls section below) so allow for an additional 5-feet of driveway between the garages and sidewalk.

Building mass is an element of lot siting and design and can greatly affect the aesthetics of the overall neighborhood. For the proposed project, changes in roof materials and design among the same floor plan assist in giving the overall neighborhood more visual variety. Some changes are to the main roof line, while others focus on the projecting elements such as porches or a bedroom. For example, the Spanish style uses a concrete S-tile material designed and is designed with hip roofs at the porches and projecting bedrooms and other elements, while the Santa Barbara style includes the same material in a different color, and rather than hip roofs at the porch and other projecting elements, it shows an open gable. The Farmhouse uses a concrete flat tile material and includes gables filled in with decorative board and batten.

Two common Oakley Design Guidelines look for new single family residential developments to achieve an overall minimum of 20% single-story homes and that at least 50% of all corner lots be single-story homes. Another guidelines is to maintain at least a 15-foot setback between adjacent second story elements. In the case of the proposed project, two of the three plans are single-story and they are plotted on a total of 66% of the lots, but only 6 of the 16 corner lots (approximately 37%). The project has been conditioned to plot at least 8 one-story homes on the 16 corner lots. The proposed development plan shows no situation where two-story homes are side by side, so the minimum 15-foot setback between adjacent two story elements will be implemented.

Architectural Character
The architectural character and design of the proposed homes meets several of the design guidelines. There is variation in materials between architectural styles, such as roofing, veneer, and siding, and often more than one secondary exterior material is proposed; however, the use of 360-degree architecture is somewhat inconsistent. It is shown for things such as window trim and dividers, but not used on all the homes when it comes to the elements such as window shutters and gable treatments. The three color schemes for each architectural style complement each other while allowing for uniqueness to any given home with the eyesight of another. There are two garage door designs for all of the homes with the Spanish and Santa Barbara having the same 16- panel design and the Farmhouse with a 32-panel design. There are no options for garage door windows.

Areas for small improvements and better implementation of the design guidelines are summarized below and have been included as conditions of approval that will be subject to the review and approval of the Community Development Director:
• Exterior lighting specific to each architectural type; 680
Subject: Sellers Avenue Subdivision 9614 (RZ 01-22, TM 01-22, FDP 01-22, DR 01-22) Date: April 4, 2023

• Increased use of false shutters where feasible on more of the side and rear elevations of those homes to meet the City’s 360-degree architectural design guidelines;
• Second-story gables to receive same treatment as front-facing gables on applicable plans; and
• Including a third garage door to be used on either the Spanish or Santa Barbara style and including garage door window options for each style.

Landscaping and Walls
The landscape plans provide for a mix of tree species and sizes to be planted along the Sellers Avenue frontage and throughout the subdivision. A parkway strip is planned throughout the subdivision between the street curb and the sidewalk. In recent years, the City has noticed these areas, even in newer developments tend to lack upkeep. For this project, should the parkway strip be considered in final design, the project is conditioned to ensure it becomes part of the homeowner’s association’s responsibility.

An alternative would be to design the project with a monolithic curb and sidewalk. The results of this option would be no parkway strip and an additional five feet of driveway for any given house should the front setback remain the same under both options. Staff recommends the Planning Commission adopt a proposed condition of approval that the applicant redesign the project with a monolithic curb and sidewalk rather than parkway strip for areas adjacent to front or corner side yards. For other common areas, the parkway strip may still be used and shall be maintained by the HOA. It is noted that any change to the parkway strip would also require modification to other related plans since they are all tied to the FDP.

The proposed walls for this
subdivision (Figure 4) do not quite
meet the design criteria for new
subdivisions. A condition that
requires the walls columns to include
stone veneer has been added to the
proposed resolution. The stone
veneer is proposed to be installed on
the side of the columns facing the
public view for the walls along Sellers Avenue and the future Laurel Road extension only. The requirement is not included for the wall along the railroad tracks.

Staff recommends the Planning Commission Recommend City Council approval of the proposed Design Review application, as conditioned.

Findings
Draft findings can be found in the proposed resolution.

Figure 4. Pre-Cast Boundary Wall
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Subject: Sellers Avenue Subdivision 9614 (RZ 01-22, TM 01-22, FDP 01-22, DR 01-22) Date: April 4, 2023

Developer/Community Meeting
In November of 2022, the developer/applicant met with several neighbors that lived near the project site. The neighbors shared comments and requests related to the proposed development. At that meeting, the neighbors provided a list of comments and requests to the applicant that they asked to be considered in the project design. That list was also provided to the City after the meeting. Staff has reviewed the list and while most of the items are reserved for the developer to review and decide whether to implement, whether by direction of the Planning Commission or on their own, there are some requests Staff recommends are not feasible or favorable. These are the requests for: a direct access point to the future Laurel Road extension; and not having a sidewalk on the City side of Sellers Avenue. Another request is already being met, which is walls surrounding the development. The requests for the development entry location, single story homes along Sellers Avenue, larger lots, moving the stormwater basin to along Sellers Avenue, possibility for a reclaimed water irrigation vein access point, and privacy bushes reducing the impact of cars leaving the site on the property east of Sellers Avenue are all surrounding topics that the developer should have the ability to address.

A copy of the neighbors’ list of items is attached for reference.

Consistency with the City of Oakley Strategic Plan 27+
The Community and Economic Development Goal includes a Strategic and Thoughtful Growth Objective that states, “Plan and develop Cypress Corridor holistically with improvements and commerce to service new development to ease downtown traffic.” Development of this project will bring in new residents needed to support that future commercial growth in places such as the northwest corner of East Cypress Road and Sellers Avenue. It will also provide for much needed right of way for the future Laurel Road extension that will serve the purpose redirecting traffic to and from areas east of Sellers Avenue to Highway 4 and away from the Main Street/East Cypress Road intersection and ultimately downtown (as pass through traffic). Also, this project will be consistent with the Parks and Open Space Goal by providing a new pocket park.

Fiscal Impact
The approval of these entitlements will not impact the General Fund. This is a developer funded account. All Staff time and City of Oakley generated materials are charged to the developer account funded by the developer.

Staff Recommendation
Staff recommends the Planning Commission adopt the proposed resolution recommending the City Council approve the project titled, “Sellers Avenue Subdivision 9614 (RZ 01-22, TM 01-22, FDP 01-22, DR 01-22),” as conditioned.

Attachments

1. Vicinity Map

2. Notice of Public Hearing
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Subject: Sellers Avenue Subdivision 9614 (RZ 01-22, TM 01-22, FDP 01-22, DR 01-22) Date: April 4, 2023

3. Applicant’s Plans

4. Neighbors’ Comments and Requests

5. Sellers Avenue Subdivision - Notice of Intent to Adopt a Mitigated Negative Declaration

6. Sellers Avenue Subdivision - Initial Study/Mitigated Negative Declaration a. Exhibit “A”: Sellers Avenue Subdivision – Responses to Comments on IS/MND

7. Proposed Resolution
a. Exhibit “A”: Mitigation Monitoring Program
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RESOLUTION NO. 7-23

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF OAKLEY

RECOMMENDING THE CITY OF OAKLEY CITY COUNCIL MAKE FINDINGS AND

ADOPT A MITIGATED NEGATIVE DECLARATION, ORDINANCE, AND

RESOLUTION APPROVING THE PROJECT KNOWN AS SELLERS AVENUE SUBDIVISION 9614 REZONE, VESTING TENTATIVE MAP, FINAL DEVELOPMENT PLAN, AND DESIGN REVIEW (RZ 01-22, TM 01-22, FDP 01-22, DR 01-22) APN 033-150-013
WHEREAS, on January 20, 2022 Paul Manyisha of MLC Holdings ("Applicant") filed an application requesting approval of: requesting approval of: 1) a Rezone (RZ 01-22) to amend an existing P-1 District; 2) a Vesting Tentative Map (TM 01-22) subdividing approximately 20.42 acres into 77 single family residential lots, private streets, stormwater detention treatment area, and neighborhood park; 3) a Final Development Plan (FOP 01-22) in conjunction with the project's P-1 District; and 4) Design Review (DR 01-22) for house plans, and conceptual landscape plans related to the overall subdivision, typical front yards, and the neighborhood park. The project site is located at 5911 Sellers Avenue and is zoned P-1 (Planned Unit Development) District. (APN: 033-150-013); and WHEREAS, on February 23, 2022, the City of Oakley Planning Division received a SB 330 Preliminary Application Form for the project; and
WHEREAS, on August 27, 2022, Staff deemed the project application complete per Government Code section 65920 et. seq; and
WHEREAS, the project is designated as Residential Low (RL) in the Oakley General Plan, and zoned P-1 (Planned Unit Development) District; and WHEREAS, pursuant to the requirements of the California Environmental Quality Act ("CEQA"), the City prepared a Draft Initial Study/Mitigated Negative Declaration ("IS/MND"). The Notice of Intent ("NOi") to Adopt an MND and IS was circulated for public review and comment from November 3, 2022 to December 5, 2022. It was filed with the County Clerk and Governor's Office of Planning and Research ("QPR"), emailed or mailed out to over 60 public agencies and parties requesting such notice, and posted in the same manner as a Notice of Public hearing, which is at locations throughout the City and at the project site; and
WHEREAS, on or before March 24, 2023, the Notice of Public Hearing for the Project was duly noticed in the Contra Costa Times, a newspaper of general distribution, was posted at the Project site, at Oakley City Hall located at 3231 Main Street, outside the gym at Delta Vista Middle School located at 4901 Frank Hengel Way, and outside the library at Freedom High School located at 1050 Neroly Road, and was mailed out to all owners of property within a 500-foot radius of the project's boundaries, to parties requesting such notice, and to outside agencies; and
Resolution No. 7-23 Page 1 of 21
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WHEREAS, on April 4, 2023, the Planning Commission opened the public hearing at which it received a report from City Staff, oral and written testimony from the public, and deliberated on the project. At the conclusion of its deliberations, the Planning Commission took a vote and adopted this resolution recommending the City Council approve the project, as revised by the Planning Commission during its deliberations; and WHEREAS, these Findings are based on the City's General Plan and the City's Zoning Ordinance, and the information submitted to the Planning Commission at its April 4, 2023 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, BE IT RESOLVED THAT, on the basis of the above findings offact and the entire Record, the Planning Commission makes the following additional findings in support of the approvals:

A. The Project's Initial Study and Mitigated Negative Declaration ("IS/MND") was prepared in accordance with CEQA Guidelines and is recommended to be adopted by the City Council in conjunction with the Project's Vesting Tentative Map (TM 01- 22), Final Development Plan (FOP 01-22), and Design Review (DR 01-22) approvals. Development of the project is subject to all adopted mitigation measures as included in the IS/MND unless modified pursuant CEQA Guidelines and adopted by the City Council.

B. In regard to the application requesting approval of a Rezone (RZ 01-22) to amend the existing P-1 (Planned Unit Development) District, the Planning Commission finds that:

1. The Applicant has stated they plan to pursue development of the site within two years of the rezone becoming effective if market conditions support it; and

2. The density and type of development is consistent with the General Plan, and similar to newer single family residential neighborhoods that must address on-site stormwater detention and that provide for on-site park facilities. The internal road network will only serve the project site; however, it is planned to consist of private road that will be maintained through a homeowner's association and not public funds; and

3. The type of development is expected to be desirable in that it includes a variety of homes sizes, and development includes a small pocket park. It falls somewhere in the middle of the density ranges of nearby residential neighborhoods; and

4. The development of a harmonious, integrated plan justifies exceptions from the normal application of the OMC due to the significant requirement for dedication along Sellers Avenue and the future Laurel Road extension, and Resolution No. 7-23 Page 2 of 21 693
the approximately 2. 76 acres occupied by Parcel A for the stormwater detention/bioretention and pocket park. The P-1 District is justified to allow for project-specific development regulations in order to design a feasible project within the allowable range of the General Plan land use designation of RL.

C. In regard to the application requesting approval of Vesting Tentative Map 9614 (TM 01-22) to subdivide approximately 20.42 acres into 77 single family residential lots, private streets, stormwater detention treatment area, and neighborhood park, the Planning Commission finds that:

1. The Project's Initial Study and Mitigated Negative Declaration were prepared in accordance with CEQA Guidelines; and

2. The proposed Vesting Tentative Map ("VTM"), together with the provisions of its design and improvements, is consistent with the Zoning Ordinance, and applicable portions of the Residential Low (RL) General Plan !;;and Use Designation, in that the VTM's gross density (approximately 3.77 du/ga) falls within the gross density range of the RL General Plan Land Use Designation of 2.3-3.8 du/ga, and the VTM is tied to a P-1 District, which sets its own development regulations, such as required yard setbacks and minimum lot sizes; and

3. The site is physically suitable for the project in that it is accessible, not physically constrained other than the reduction in net developable acres due to right of way dedication and onsite stormwater detention and treatment, is similar to surrounding residentially developed projects, and it is also able to accommodate the proposed density of development in a manner consistent with the underlying land use designation; and

4. The site is physically suitable for the proposed density and number of dwelling units in that the proposed VTM falls within the allowable density while creating lots compliant with the project's P-1 District, and private roads to access the homes; and

5. The design of the subdivision and type of improvements are not likely to cause serious public health problems in that the proposed subdivision consists of 77 single family residential lots. Construction and grading of the project are subject to building or grading permits, and violations of any such permits are subject to appropriate enforcement; and

6. Public improvements are proposed and conditioned to occur as a result of the subdivision, which is a benefit to the public and surrounding residents and property owners of the vicinity. One such improvement will be the dedication and improvement of Sellers Avenue along the project frontage.

Resolution No. 7-23 Page 3 of 21 694
The project will also dedicate land for the future Laurel Road extension, which is an important element to the City's overall circulation patterns; and

7. The design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

D. In regards to the application requesting approval of a Final Development Plan (FOP 01-22) in conjunction with the project's P-1 District, the Planning Commission finds that the Final Development Plan together with the other components of the proposed project's submitted materials includes all of the applicable required information as required by the Oakley Municipal Code, including, but not limited to the information included on the sheet titled "Final Development Plan", the Vesting Tentative Map and its associated sheets, and the Design Review plans such as the home elevations and landscape plans.

E. In regards to the application requesting approval of Design Review (DR 01-22), ~ the Planning Commission finds that:

1. The proposed Design Review plans are substantially consistent with the applicable General Plan designation of Residential Low (RL) and the project's Vesting Tentative Map and P-1 District zoning; and

2. The proposed Residential Siting and Lot Design is consistent with the City of Oakley Residential Design Guidelines in that, as conditioned, the Applicant has plotted the homes to provide substantial variation in the garage setbacks from front property line, changes in roof plans among the same floor plan assist in giving the overall neighborhood more visual variety in overall vertical massing along the streetscape; and

3. The Architectural Character of the proposed single-family homes is consistent with the applicable City of Oakley Residential Design Guidelines in that a variety of materials and architectural styles are used allowing for several different color schemes, and as conditioned, the homes will have unique exterior lighting designs for each architectural type, and increased use of 360 degree architecture, additional gable treatments on side and rear elevations, and the addition of a third garage door so each architectural style may have its own design, as well as options for windows in any of the garage doors.

F. The project complies with Measure J Growth Management requirements.

BE IT FURTHER RESOLVED THAT, on the basis of the above Findings and the Record, the Planning Commission recommends the City Council approves of the Applicant's request for a Rezone (RZ 01-22), Tentative Map (TM 01-22), Final Development Plan Resolution No. 7-23 Page 4 of 21 695
(FDP 01-22), and Design Review (DR 01-22), subject to the following Conditions of Approval:

Conditions of Approval
Applicant shall comply with the requirements of the Oakley Municipal Code. Any exceptions must be stipulated in these Conditions of Approval. Conditions of Approval are based on the application received by the Planning Division dated February 20, 2022, as well as additional information acquired since that time and made part of the project file.

THE FOLLOWING CONDITIONS OF APPROVAL SHALL BE SATISFIED PRIOR TO

THE CONSTRUCTION OF THE BUILDING'S ON EITHER PARCEL UNLESS OTHERWISE NOTED:

PLANNING DIVISION CONDITIONS OF APPROVAL
General:

1. The proposed project plans are recommended for City Council approval, as shown on the revised plans included as attachments to the April 4, 2023 Planning Commission Staff Report, and as modified by the following conditions of approval, subject to final review and approval by the Community Development Director.

2. These approvals shall be effectuated within a period of three (3) years from the effective date of the related Rezone approval by recording a final map and if not effectuated shall expire on that same date three years later. Prior to the expiration date, the applicant may apply for a Tentative Map Extension pursuant to the provisions of the Zoning Code and Subdivision Map Act, which would include extension of the related Design Review approval.

3. All construction drawings submitted for plan check shall be in substantial compliance with the plans presented to and approved by the City Council.

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

5. Noise generating construction activities, including such things as power generators, shall be limited to the hours of 7:30 a.m. to 5:30 p.m. Monday through Friday, and shall be prohibited on City, State and Federal Holidays. The restrictions on allowed working days and times may be modified on prior written approval by the Community Development Director.

6. Should archaeological materials be uncovered during grading, trenching or other on- site excavation(s), earthwork within 30 yards of these materials shall be stopped until a professional archaeologist who is certified by the Society of Resolution No. 7-23 Page 5 of 21 696
Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s), if deemed necessary. If the remains are determined to be that of Native American origin, procedures will be guided by California PRC 5097 through California's Native American Heritage Commission.

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

8. The applicant shall comply with all mitigation measures contained within the HCP Planning Survey Report for the Project, per the review and approval of the Community Development Director.

9. The applicant shall indemnify, defend, and hold harmless the City of Oakley, the City Approving Authorities, and the officers, agents, and employees of the City from any and all claims, damages and liability (including, but not limited to, damages, attorney fees, expenses of litigation, costs of court).

10. The applicant shall post a copy of the City of Oakley General Plan Land Use Diagram, in a conspicuous place, within the model homes or sales office.

Final Development Plan/Development Standards:
11 . The project development standards shall be established and listed as part of the P-1 (Planned Unit Development) District ordinance and shall match those proposed in the proposed Final Development Plan.

12. The Final Development Plan shall be revised to include minimum setbacks for corner side yards, front setbacks for front porches, and provide proposed setbacks for each of the plotted homes.

13. The Final Development Plan shall be revised to include a statement that all accessory structures are subject to the Oakley Municipal Code regulations.

14. The applicant shall modify the Final Development Plan so at least eight of the corner lots are one-story homes.

Design Review:

15. The applicant shall include details of home exterior lighting for each architectural type as part of the master plan submittals. Each architectural type shall have unique exterior lighting that complements that respective style. Spec sheets shall also be included in the master plans. The home exterior lighting is subject to the review and approval of the Community Development Director.

Resolution No. 7-23 Page 6 of 21 697

16. The applicant shall revise the architectural plans so that homes with shutters on the front elevation, shutters shall also be included on all rear elevations, as appropriate, and on any side elevations that face the park or a roadway. All false shutters shall match the width of the window. Final approval is subject to the review and approval of the Community Development Director.

17. The applicant shall revise the architectural plan so that the second story gables include the same exterior materials or embellishments as the front-facing gables on applicable plans. Final approval is subject to the review and approval of the Community Development Director.

18. The applicant shall revise the architectural plans to include a third garage door to be used on either the Spanish or Santa Barbara style, and include a garage door window option for each style. Final approval is subject to the review and approval of the Community Development Director.

Parks and Landscaping:

19. This project is proposing to construct a small Homeowners Association owned and maintained pocket park on the same parcel as the stormwater detention/bioretention treatment area. If the park is available to the general public, the applicant will be credited the appropriate amount on their per lot park impact fees. If the park is only available to members of the HOA, the applicant will be required to pay the full in-lieu park impact fees on each lot.

20. The final landscape plan shall include all trees as shown on the conceptual landscape plans approved with the project. Modifications to the species, size, or location of the trees is subject to the review and approval of the Community Development Director and City Engineer. It is the responsibility of the applicant to plan utilities, joint trenches, and other improvements that could interfere with placement of trees in a manner to allow the trees to be planted without conflict to those other improvements.

21.A landscaping and irrigation plan for all front yard, right-of-way, parks, open space, and trail landscaping shall conform to the Oakley Water Efficient Landscape Ordinance and the Guidelines for Implementation of the City of Oakley Water Efficient Landscape Ordinance and shall be installed prior to final occupancy. The plan shall be prepared by a licensed landscape architect and shall be certified in compliance with the City's Water Conservation Ordinance.

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

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23.All landscaped areas not covered by shrubs or groundcover shall be covered with bark or acceptable alternative as reviewed and approved by the Community Development Director. On slopes greater than 3 to 1 , the applicant shall use an alternative to bark per the review and approval of the Community Development Director. Areas covered with bark shall use a weed barrier.

24. The applicant shall maintain all private landscaping until occupancy.

25. The applicant shall redesign all applicable plans by replacing the parkway strip with a monolithic curb and sidewalk at all areas adjacent to the front or corner side yards of residential lots. Other areas may maintain a parkway strip so long as it is maintained by the homeowners association.

Fences and Walls:

26. The applicant shall shield the western project boundary adjacent to the railroad tracks from the adjacent railroad by a 12-foot-tall masonry sound wall and the eastern project boundary shall be shielded from Sellers Avenue by a 6-foot-tall sound walls, subject to approval by the City Engineer. Other types of barriers may be employed but shall be reviewed by an acoustical engineer prior to being constructed. Sound wall heights are assumed to be relative to the higher of the railway/roadway centerlines or building pad elevations and may achieve the wall height through use of earthen berm and wall combinations to achieve the total height.

27. The project shall also install a sound wall along the future Laurel Road extension right of way. The height of this wall shall be supported by an acoustical study conducted by an acoustical engineer and shall result in noise levels that are consistent with the Oakley General Plan (below 65 dBA Leq) for outdoor private yards (i.e. rear yards).

28. The sound walls to be constructed along Sellers Avenue, the railroad tracks, and the future Laurel Road extension shall be constructed entirely outside of the public/railroad right of way and on the adjacent private property. All costs associated with maintenance of those sound walls will be the responsibility of the property owner on which that portion of the wall is located.

29. Sound walls located along the Sellers Avenue and future Laurel Road extension right of ways shall be designed to include decorative stone veneer on the right of way side of each of the columns, and include a decorative cap on each column.

30. Within the subdivision good neighbor fences shall be constructed as shown on the proposed landscape plans and be constructed of wood that is resistant to rotting and warping, and erected with galvanized metal posts surrounded and completely hidden by wood fascia that matches the main fencing. Posts and fascia shall be capped by either a decorative upper fence rail or post cap. Good neighbor fences Resolution No. 7-23 Page 8 of 21 699
facing a street shall be constructed of a durable material such as, but not limited to, masonry, vinyl, enhanced wood, composite or other durable material, or stained or painted on both sides to prevent water damage, subject to the review and approval of the Community Development Director.

31.Any CMU walls, such as landscape retaining walls, shall use colored (i.e., nongrey) split-face CMU for all publicly and privately visible portions of the wall.

32.Anti-graffiti techniques shall be used on any masonry walls or fences.

Subdivision Design:

33. The neighborhood entry along Sellers Avenue shall be improved with accent paving as shown on the approved plans. The type of paving is subject to the review and approval of the Community Development Director and City Engineer.

34. Driveway openings may be a maximum 18' in width or up to 25% of the lot's frontage, whichever is larger.

35. The street names shall be approved by the Community Development Department and the Contra Costa County Fire Protection District.

36. The southern entry shall be revised to function as an EVA only, subject to review and approval of the Contra Costa County Fire Protection District (CCCFPD). In the event the EVA is acceptable to the CCCFPD, the area between Sellers Avenue and the private road within the subdivision that the EVA connects to shall be designed with decorative features, including the gate/bollards, landscaping on either side of the EVA, and decorative paving the match the main entry.

37. The applicant shall work with the property owner to the south to ensure grades allow for proper drainage and the proposed subdivision can provide for an adequate separation through installation of a good neighbor fence or wall. If adequate space remains, the applicant shall install an HOA -maintained landscape strip with trees and shrubs on the southern edge of the private road that runs along that property line.

Subdivision Disclosures:

38. Where a lot/parcel is located within three-hundred feet (300') of a high voltage electric transmission line, the applicant shall record the following notice:
"The subject property is located near a high voltage electric transmission line. Purchasers should be aware that there is ongoing research on possible potential adverse health effects caused by the exposure to a magnetic field generated by high voltage lines. Although much more research is needed before the question of whether magnetic fields actually Resolution No. 7-23 Page 9 of 21 700
cause adverse health effects can be resolved, the basis for such a hypothesis is established. At this time no risk assessment has been made." When a Final Subdivision Public Report issued by the California Department of Real Estate is required, the applicant shall also request that the Department of Real Estate insert the above note in the report.

39. The following statements shall be recorded at the County Recorder's Office for each parcel to notify future owners of the parcels that they own property in an agricultural area:
"This document shall serve as notification that you have purchased land in an agricultural area where you may regularly find farm equipment using local roads; farm equipment causing dust or blowing sand; crop dusting and spraying occurring regularly; burning associated with agricultural activities; noise associated with farm equipment such as zon guns and aerial crop dusting and certain animals, including equestrian trails as well as flies may exist on surrounding properties. This statement is again, notification that this is part of the agricultural way of life in the open space areas of the City of Oakley and you should be fully aware of this at the time of purchase." Energy Efficiency:

40. Water heaters shall provide an energy efficiency factor of 0.62 or better.

41. Dual zone air conditioning shall be provided on all two-story residential units.

42.Air conditioning condenser units shall be located to take advantage of natural shade. Condensers should not be placed on the west or south elevation of a home, unless shade is provided. The location of the condenser shall be added to all plot plans for review and approval of the Community Development Director.

43. Design and site units so as to take advantage of natural heating and cooling, sin and wind exposure, and solar energy opportunities.

Waste Management Plan:

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

BUILDING DIVISION CONDITIONS OF APPROVAL

45. Plans shall meet the currently adopted Uniform Codes as well as the newest T-24 Energy Requirements per the State of California Energy Commission. To confirm the most recent adopted codes please contact the Building Division at (925) 625 - 7005.

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46. An Automatic Life Safety Sprinkler System shall be required in all new construction pursuant to Ordinance 22-06. The Automatic Life Safety Sprinkler Systems in commercial and industrial buildings shall be designed and installed to the standards and requirements found in the most recent version of the NFPA (National Fire Protection Association). Automatic Life Safety Sprinkler Systems in hotels and apartments shall be installed to the stands and requirements found in the most recent version of the NFPA, Standard 13R.

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

When the Community Development Department/Planning Division and Public Works and Engineering Department place Conditions of Approval on the project, those respective departments/divisions will sign off on the project prior to the request for a Building division final inspection. Similarly, if the Health Department and/or Fire Department reviewed and approved the original plans, those departments must sign off on the project prior to the request for a final inspection by the Building Division.

PUBLIC WORKS AND ENGINEERING CONDITIONS OF APPROVAL

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

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

49. ENCROACHMENT PERMIT. All work in the public right-of-way, including any blockage or partial closure of sidewalks will require an Encroachment Permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required.

50. GRADING PERMIT. All earthwork must comply with the City's Grading Ordinance. A Grading Permit must be issued by the public works department prior to site disturbance. 51 . PUBLIC WORKS INSPECTIONS. The developer or their representative shall notify the Engineering Inspector at least forty-eight (48) hours before starting any work pertaining to on-site drainage facilities, grading or paving, and all improvements in approved plans.

Failure to do so will result in rejection of work that was completed without inspection.

52. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of any site work, the general contractor shall:

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a) Along with the project applicant, attend a pre-construction meeting with the City Engineer to discuss the project conditions of approval, working hours, site maintenance and other construction matters;
b) Acknowledge in writing that they have read and understand the project conditions of approval and will make certain that all project sub-contractors have read and understand them prior to commencing work and that a copy of the project conditions of approval will be posted on site at all times during construction.

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

54. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Public Works Department. A Notice of Intent (NOi) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the State SMARTS system for projects disturbing more than one acre and obtain a WDID number. A maximum of two weeks is allowed between clearing of an area and stabilizing/building on an area if grading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before installation of the final landscaping shall be included.

Interim erosion control method shall include, but are not limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, City standard seeding specification, filter berms, check dams, retention basins, etc. Provide erosion control measures as needed to protect downstream water quality during winter months. The gradiflg, drainage, erosion control plans and SWPPP shall comply with applicable measures contained in the City of Oakley's NPDES Permit.

55. DUST CONTROL. Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the City, or a minimum of three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites to ensure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the City Engineer, or at least once a day. Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept daily during the workweek to the satisfaction of the City. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered.

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

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

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

59. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Public Works & Engineering Inspector and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions.

60. SIDEWALK REPAIR The developer shall repair and replace to existing City standards any sidewalk damaged now or during construction of this project. Sidewalk repair shall match existing color, texture, and design, and shall be constructed per City Standard Details. The limits of sidewalk repair will be determined by the Public Works Inspector during the construction phase of the project.

61. CURB AND GUTTER The developer shall repair and replace to existing City standards any curb and gutter damaged now or during construction of this project. New curb and gutter shall be constructed per City Standard Details. The limits of curb and gutter repair will be determined by the Public Works Inspector during the construction phase of the project.

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

63. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be diligently performed by a person or persons authorized to do so at all times during working hours.

The storing of goods and/or materials on the sidewalk and/or the street will not be allowed unless a special permit is issued by the Engineering Division. The adjacent public rightof-way shall be kept clear of all job-related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the City performing the required maintenance at the developer's expense.

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

64. EXISTING WELLS. Provide documentation that any gas wells located onsite have been abandon per regulations.

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

66. GRADING.
a) Grade any slopes with a vertical height of four (4) feet or more at a slope no steeper than 3H to 1 V. Retaining walls that may be installed to reduce the slope must be masonry and comply with the City's building code.
b) Retaining wall or other suitable option acceptable by the City Engineer is required where the grade differential between property or adjacent lots are greater than 6".

Retaining walls are required to be identified on the grading plans and shall have a note Resolution No. 7-23 Page 14 of 21
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stating a separate building permit is required for retaining wall greater than four (4) feet in height, measured from the bottom of footing to top of wall. c) At least one week prior to commencement of grading, the applicant shall post at the site and mail to the owners of property within 300 feet to the exterior boundary of the project site notice that construction work will commence. The notice shall include a list of contact persons with the name, title, phone number and area of responsibility.

The person responsible for maintaining the list shall be included. The list shall always be kept current and shall consist of persons with authority to indicate and implement corrective action in their area of responsibility. The names of the individual responsible for noise and litter control shall be expressly identified in the notice. The notice shall be reissued with each phase of major grading activity. A copy of the notice shall be concurrently transmitted to the City Engineer. The notice shall be accompanied by a list of the names and addresses of the property owners noticed, and a map identifying the area noticed.
d) Submit a Haul Route Plan to the City Engineer for review and approval prior to importing or exporting any material from the site. The plan shall include the location of the borrow or fill area, the proposed haul routes, the estimated number and frequency of trips, and the proposed schedule of hauling. Based on this plan, the City Engineering shall determine whether pavement condition surveys must be conducted along the proposed haul routes to determine what impacts the trucking activities may have. The project proponents shall be responsible to repair to their pre-construction condition any roads along the utilized routes.
e) Prior to commencement of any site work that will be result in a land disturbance of one acre or more, the applicant shall provide evidence to the City Engineer that the requirements for obtaining a State General Construction Permit have been met. Such evidence may be a copy of the Notice of Intent Letter sent by the State Water Resources Control Board. The WDID Number shall be shown on the grading plan prior to approval by the City Engineer.
f) The burying of any construction debris is prohibited on construction sites.

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

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• Prepare an Operations and Maintenance Manual for the project's storm water control measures.

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

68. PUBLIC IMPROVEMENTS. Construct the project streets within public right of way to City public road standards and as shown on the Tentative Map with the following exceptions:
a) The minimum street grade may be lowered from the standard 1% to 0.75% provided that the project proponent demonstrates that the City's drainage standards can be achieved .
b) Submit a turning radius exhibit to the City Engineer for review and approval to illustrate that the ninety-degree turns of project streets can accommodate the largest expected vehicle to use the streets without the inclusion of City standard elbows. If the exhibit illustrates that elbows are necessary to accommodate the expected traffic, then they shall be included in the improvement plans.

69. ROADWAY IMPROVEMENTS. The following improvements shall be installed by the developer as shown on the Tentative Map. Plans for these roadway improvements shall be prepared by a California registered civil engineer, reviewed, and approved by the City, to the satisfaction of the City Engineer.
a) Design and construct the roadway improvements for Sellers Avenue along the project frontage as shown on the Vesting Tentative Map with the exception of the sidewalk, which shall be satisfied through payment of an in-lieu fee to the City of Oakley, subject to review and approval of the City Engineer. Pavement transitions shall be designed to accommodate the posted speed of 50 miles per hour. Any conforms to existing improvements must take place outside of the frontage limits of the project to the satisfaction of the City Engineer.
b) The frontage improvements along Laurel Road are to be installed through a fair share agreement with the City of Oakley. The Laurel Road construction will be constructed by the city as a Capital Improvement Project. The developer is responsible for a 12- foot travel lane, 8-foot bike lane, storm drain, streetlights, curb, gutter, sidewalk, and landscaping along the project frontage. The agreement must be approved by the City Council prior to the recordation of the final map.

70. DRAINAGE IMPROVEMENTS.
a) Collect and convey all stormwater entering and /or originating on this property, without diversion and within an adequate storm drainage facility, to an adequate natural watercourse having definable bed and banks, or to an existing adequate public storm drainage facility that conveys the storm waters to an adequate natural watercourse. b) Submit a final hydrology and hydraulic report including 10-year and 100-year frequency event calculations for the proposed drainage system and stormwater pond to the city Engineer for review and approval. The report shall include study of the downstream storm drain facilities to confirm its adequacy and mitigate on-site so that the peak flows of post-project conditions do not exceed the pre-project peak flows. c) Design and construct all storm drainage facilities in compliance with the Municipal Code and City design standards.

Resolution No. 7-23 Page 16 of 21
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d) Prevent storm drainage from draining across the sidewalk(s) and driveway(s) in a concentrated manner.
e) Dedicate a public drainage easement over the drainage system that conveys storm water run-off from public streets.
f) On-site parking area and driveways shall not surface drain across public sidewalk or driveway aprons.
71 . SIGHT DISTANCE EXHIBIT. For the project driveways' ingress and egress, provide an exhibit that will analyze the sight distance required for the appropriate speed limit identified with this project as required by the City Engineer.

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

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

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

75. STREETLIGHTS. Install streetlights along all public streets as required by the City Engineer. The City Engineer shall determine the final number and location of the lights, and the lights shall be on an LS2-A rate service. Streetlights shall be spun aluminum "cobra head" style or decorative residential street lights as required by the City of Oakley Standard Plans.

76. LANDSCAPING IN PUBLIC RIGHT OF WAY.

Resolution No. 7-23 Page 17 of21
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a) Prepare landscape plans for landscape improvements within the public right of way.

Landscape plans shall be prepared by a licensed landscape architect. b) Install public right-of-way landscaping along the project's frontages as required by the City Engineer and Community Development Director.
c) Maintain all landscaping within the public right-of-way until such time that the adjacent roadway improvements have been accepted for maintenance. d) Prior to the issuance of certificate of occupancy, an inspection will be performed to verify the health and location of the street trees. Trees in poor health or those without adequate clearance from utilities will require replacement or relocation.

77. FENCING. Any proposed fencing and walls shall be located on private property and maintained by the property owner or owner.

78. SOUNDWALL. Soundwalls along Sellers Avenue and Laurel Road shall be installed within private property and not within public right of way. The soundwall must match the proposed soundwalls in this area or approved equal to the satisfaction of the City Engineer.

79. MAINTENANCE EXHIBIT. Submit a maintenance exhibit showing the responsible maintenance entity of proposed subdivision improvements. Exhibit must clearly show which areas are to be maintained by the City of Oakley. a) Parcel A and B are to be retained and maintained by the Owner/Developer/Homeowners Association.
b) Bioretention Areas to be maintained by the Homeowners Association.

THE FOLLOWING PUBLIC WORKS AND ENGINEERING CONDITIONS OF APPROVAL SHALL BE SATISFIED PRIOR TO THE APPROVAL OF THE FINAL MAP:

80. BONDS. The applicant shall supply suitable securities for all improvements that are a part of the development in a form acceptable to the City in the amount of 100% (performance), 50% (labor and material) prior to issuance of any permit.

81. FINAL MAP. Submit a Final Map prepared by a Licensed Land Surveyor. The final map shall be recorded , and the Subdivision Agreement must be executed before any building permits are issued. Insurance shall be provided per the terms of the Subdivision Agreement.

82. DEDICATIONS. The following shall be dedicated on the final map. The dedication shall be recorded before any permits are issued and under specific timelines listed below:
a) Dedicate the required right-of-way along the project frontage on Sellers Avenue and Laurel Road as shown in the typical sections of the Tentative Map. b) Public Utility Easement (PUE): 5' PUE beyond public right of way as required. c) Ingress-egress, storm drainage easements, emergency access easements as required.

Any necessary rights of way, rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, public and private road, utility and drainage improvements shall be furnished to the City. Prior to the issuance of the first building Resolution No. 7-23 Page 18 of 21
709
permit, the applicant must provide the necessary documentation that any existing easements no longer necessary have been quitclaimed.

83. PRIVATE EASEMENTS. Agreements detailing rights, limitations, and responsibilities of involved parties shall accompany each private easement. The easements and associated agreements shall be recorded simultaneously with the final map.

84. UTILITY SETBACKS. Building foundations shall be set back from utility lines a sufficient distance to allow excavation of the utility without undermining the house foundation. The City Engineer shall determine the appropriate setback based on the depth of the utility, input from the project soils engineer, and the type of foundation.

85. DRAINAGE FEES. This project is within the Emerson Lake drainage watershed. Payment to comply with the "Reimbursement Agreement for the Storm Drainage Improvements related to Conditions of Approval for the Emerson Ranch Project" must be paid prior to the recordation of the Final Map. (Agreement recorded document reference DOC-2021- 0014471 January 15, 2021 ).

86. ANNEXATIONS
a) The applicant shall establish a funding mechanism to cover the ongoing financial impact their project has on fire protection services provided in the City. All costs associated with meeting this condition of approval shall be paid for by the applicant.

Compliance with this requirement shall be to the satisfaction of the City Engineer and shall be completed prior to final map approval.
b) The applicant shall establish a funding mechanism to cover the ongoing financial impact their project has on police services provided in the City. All costs associated with meeting this condition of approval shall be paid for by the applicant. Compliance with this requirement shall be to the satisfaction of the City Engineer and shall be completed prior to final map approval.
c) The applicant shall establish a funding mechanism to cover the ongoing financial impact their project has on maintenance and operation services associated with public landscaping, parks, streetlighting, and stormwater facilities. All costs associated with meeting this condition of approval shall be paid for by the applicant. Compliance with this requirement shall be to the satisfaction of the City Engineer and shall be completed prior to final map approval.

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

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

88. SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all excavations and grading shall be inspected by the applicant's soils engineer prior to placement of concrete and/or backfill so they can verify that the actual conditions are as anticipated in the design-level geotechnical report and recommend appropriate changes in the recommendations contained in the report, if necessary. The results of the construction observation and testing should be documented in an "as-built" letter/report Resolution No. 7-23 Page 19 of 21
710
prepared by the applicants' soils engineer and submitted to the City before any building permit is granted.

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

90. AS-BUILT PLANS. After completion of the construction of all work, the original plans shall have all changes (change orders and field changes) clearly marked. The "as-built" plans shall again be signed and "wet-stamped" by the civil engineer who prepared the plans, attesting to the changes. The original "as-built" plans shall be review and approved the Engineering Inspector. A Mylar and AutoCAD disk of the approved "as-built" plans shall be provided to the City before acceptance of improvements. 91 . IMPACT FEES. Comply with the requirements of the development impact fees listed below, in addition to those noticed by the City Council in Resolution 85-00 and 08-03. The applicant shall pay the fees in the amounts in effect at the time each building permit is issued.
a) Traffic Impact Fee (authorized by Ordinance No. 14-00, adopted by Resolution 49-03); b) Regional Transportation Development Impact Mitigation Fee or any future alternative regional fee adopted by the City (authorized by Ordinance No. 14-00, adopted by Resolution No. 73-05);
c) Park Land Dedication In-Lieu Fee (adopted by Ordinance No. 03-03); d) Park Impact Fee (authorized by Ordinance No. 05-00, adopted by Resolution No. 19- 03);
e) Public Facilities Fee (authorized by Ordinance No. 05-00, adopted by Resolution No. 18-03);
f) Fire Facilities Impact Fee (adopted by Resolution No. 24-21 ); g) General Plan Fee (adopted by Resolution No. 53-03);
The applicant should contact the City Engineer prior to constructing any public improvements to determine if any of the required improvements are eligible for credits or reimbursements against the applicable traffic benefit fees or from future developments.

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

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

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

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

Resolution No. 7-23 Page 20 of 21
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D. The applicant shall comply with the requirements of the Diablo Water District.

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

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

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

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

I. East Contra Costa County Habitat Conservation Plan Fee (adopted by Resolution No. 112-07 & 124-07).

PASSED AND ADOPTED by the Planning Commission of the City of Oakley this 4th day of April 2023 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Chuiko, Krieg, Price, Verduzco
Ramirez
ATT~
()It loo I rztJZ'l
Libby Vreonis, City Clerk Date
Resolution No. 7-23 Page 21 of 21
712
Ord. No -23 Page 1 of 4 [DATE]
ORDINANCE NO. -23

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING A REZONE TO AMEND AN EXISTING P-1 (PLANNED UNIT DEVELOPMENT)

DISTRICT FOR THE PROJECT KNOWN AS SELLERS AVENUE SUBDIVISION 9614 (RZ 01-22) APN 033-150-013

FINDINGS
WHEREAS, on January 20, 2022, Paul Manyisha of MLC Holdings (“Applicant”) filed an application, which has since been amended, requesting approval of the following four entitlements (“Project”):
 Rezone (RZ 01-22) to amend an existing P-1 District;
 Vesting Tentative Map (TM 01-22) subdividing approximately 20.42 acres into 77 single residential lots, stormwater detention treatment area, and neighborhood park;
 Final Development Plan (FDP 01-22) in conjunction with the project’s P-1 District; and
 Design Review (DR 01-22) for floor plans and architecture, and conceptual landscape plans; and
WHEREAS, the proposed homes consist of two single-story and two two-story house plans each with three elevations. Floor plans range from 2,054 to 2,833 square feet of livable area; and
WHEREAS, the project site is located at 5911 Sellers Avenue and is zoned P-1 (Planned Unit Development) District. (APN: 033-150-013); and WHEREAS, the proposal complies with the requirements of the rezoning application requirements of Section 2.4.012 (a) of the Oakley Municipal Code; and WHEREAS, the Applicant has initiated a project to amend an existing P-1 (Planned Unit Development) District that was originally approved in conjunction with Tentative Map 9016, which expired on May 10, 2016; and
WHEREAS, pursuant to the requirements of the California Environmental Quality Act (“CEQA”), the City prepared a Draft Initial Study/Mitigated Negative Declaration (“IS/MND”). The Notice of Intent (“NOI”) to Adopt an MND and IS was circulated for public review and comment from November 3, 2022 to December 5, 2022. It was filed with the County Clerk and Governor’s Office of Planning and Research (“OPR”), emailed or mailed out to over 60 public agencies and parties requesting such notice, and posted in the same manner as a Notice of Public hearing, which is at locations throughout the City and at the project site; and
713
Ord. No -23 Page 2 of 4 [DATE]
WHEREAS, on or before June 30, 2023, the Notice of Public Hearing for the Project was duly noticed in the Contra Costa Times, a newspaper of general distribution, was posted at the Project site, at Oakley City Hall located at 3231 Main Street, outside the gym at Delta Vista Middle School located at 4901 Frank Hengel Way, and outside the library at Freedom High School located at 1050 Neroly Road, and was mailed out to all owners of property within a 500-foot radius of the project’s boundaries, to parties requesting such notice, and to outside agencies; and
WHEREAS, on July 11, 2023, the City Council adopted the Project’s CEQA IS/MND in conjunction with approval of the proposed Tentative Map (TM 01-22, Final Development Plan (FDP 01-22), and Design Review (DR 01-22).

The City Council of the City of Oakley does ordain as follows:

SECTION 1. Findings
A. Pursuant to Section 2.4.012 of the Oakley Municipal Code, the City Council of the City of Oakley hereby finds and determines as follows:

1. The change proposed will comply with the General Plan in that the proposed rezone to amend the existing P-1 District will not result in a use or density that is not in line with the underlying General Plan Land Use Designation of Residential Low (RL); and

2. The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts in that the proposed Rezone does not necessarily change the existing zoning, only amends it due to the nature of the P-1 District being tied to a specific project, in this case an expire Tentative Map and Final Development Plan; and

3. Community need, but not necessarily future financial success, has been demonstrated for the use proposed in that the Project will result in the construction of additional housing units, which is necessary to meet demand in the community since the City of Oakley falls under the jurisdiction of the Association of Bay Area Governments (ABAG), and ABAG uses a predominately demographic formula to allocate the regional housing needs among the incorporated cities and unincorporated county. This process results in a Regional Housing Needs Assessment (RHNA) and the number reflected in that assessment becomes part the City of Oakley’s estimated housing needs. The development of this project will help the City meet its regional fair share housing goal.

B. Pursuant to Section 9.1.1002 Planned Unit Development (P-1) of the Oakley Municipal Code, the City Council of the City of Oakley hereby finds and determines as follows:
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Ord. No -23 Page 3 of 4 [DATE]

1. The Applicant has stated they plan to pursue development of the site within wo years of the rezone becoming effective if market conditions support it; and

2. The density and type of development is consistent with the General Plan, and the project integrates connectivity to the properties to the south; and

3. The type of development is expected to be desirable in that it includes a variety of home sizes and development includes an open space and pocket park. It falls somewhere in the middle of the density ranges of nearby residential neighborhoods; and

4. The development of a harmonious, integrated plan justifies exceptions from the normal application of the OMC due to the significant requirement for dedication of approximately 2.35 acres along Sellers Avenue and the future Laurel Road extension right of way, and use of approximately 2.76 acres for the stormwater detention/bioretention and pocket park. The P-1 District is justified to allow for project-specific development regulations in order to design a feasible project within the allowable range of the General Plan land use designation of RL.

SECTION 2. Property Defined and Rezoned
A. 20.42 acres of real property located at 5911 Sellers Avenue, Oakley, CA 94561 (APN 033-150-013).

SECTION 3. California Environmental Quality Act (CEQA) Finding Pursuant to California State Law, an Initial Study was conducted by the Planning Division to evaluate the potential effects of this project upon the environment. The Initial Study analysis found there were no potentially significant impacts, and therefore a Mitigated Negative Declaration was prepared. Based upon the findings contained in the Initial Study it has been determined that this project will not have a significant impact upon the environment.

SECTION 4. Severability
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be held unconstitutional, invalid or unenforceable. 715
Ord. No -23 Page 4 of 4 [DATE]
SECTION 5. 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 office 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.

The foregoing ordinance was adopted with the reading waived at a regular meeting of the Oakley City Council on __________________, 2023 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
__________________________________________
Aaron Meadows, Mayor Date
ATTEST:
________________________________________
Libby Vreonis, City Clerk Date
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Resolution No. -23 Page 1 of 22 July 11, 2023
RESOLUTION NO. -23

A RESOLUTION OF THE CITY OF OAKLEY CITY COUNCIL MAKING FINDINGS

AND ADOPTING A MITIGATED NEGATIVE DELCARATION AND THE PROJECT KNOWN AS SELLERS AVENUE SUBDIVISION 9614 INCLUDING THE
ENTITLEMENTS FOR A VESTING TENTATIVE MAP (TM 01-22), FINAL DEVELOPMENT PLAN (FDP 01-22), AND DESIGN REVIEW (DR 01-22) APN 033-150-013
WHEREAS, on January 20, 2022, Paul Manyisha of MLC Holdings (“Applicant”) filed an application, which has since been amended, to request approval of: 1) a Rezone (RZ 01-22) to amend an existing P-1 District; 2) a Vesting Tentative Map (TM 01-22) subdividing approximately 20.42 acres into 77 single residential lots, street rights of way, stormwater detention treatment area, neighborhood park, and emergency vehicle access; 3) a Final Development Plan (FDP 01-22) in conjunction with the project’s P-1 District; and 4) Design Review (DR 01-22) for floor plans and architecture, and conceptual landscape plans (“Project”). The proposed homes consist of two single-story and two two-story house plans each with three elevations. Floor plans range from 2,054 to 2,833 square feet of livable area. The project site is located at 5911 Sellers Avenue and is zoned P-1 (Planned Unit Development) District. (APNs: 033-150-013); and WHEREAS, on February 23, 2022, the City of Oakley Planning Division received a SB 330 Preliminary Application Form for the project; and WHEREAS, on August 29, 2022, the project application was deemed complete per Government Code section 65920 et. seq; and
WHEREAS, the project is designated as Residential Low (RL) in the Oakley General Plan, and zoned P-1 (Planned Unit Development) District; and WHEREAS, pursuant to the requirements of the California Environmental Quality Act (“CEQA”), the City prepared a Draft Initial Study/Mitigated Negative Declaration (“IS/MND”). The Notice of Intent (“NOI”) to Adopt an MND and IS was circulated for public review and comment from November 3, 2022 to December 5, 2022. It was filed with the County Clerk and Governor’s Office of Planning and Research (“OPR”), emailed or mailed out to over 60 public agencies and parties requesting such notice, and posted in the same manner as a Notice of Public hearing, which is at locations throughout the City and at the project site; and
WHEREAS, on April 4, 2023, the Planning Commission held a duly noticed public hearing on the project at which it received a report from City Staff, oral and written testimony from the public, and deliberated on the project. At the conclusion of its deliberations, the Planning Commission took a vote and adopted Planning Commission Resolution No. 7-23 recommending the City Council approve the project, as revised by the Planning Commission during its deliberations; and
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Resolution No. -23 Page 2 of 22 July 11, 2023
WHEREAS, on June 9, 2023, the Applicant submitted revised plans as a result on the Planning Commission public hearing; and
WHEREAS, on or before June 30, 2023, the Notice of Public Hearing for the Project was duly noticed in the Contra Costa Times, a newspaper of general distribution, was posted at the Project site, at Oakley City Hall located at 3231 Main Street, outside the gym at Delta Vista Middle School located at 4901 Frank Hengel Way, and outside the library at Freedom High School located at 1050 Neroly Road, and was mailed out to all owners of property within a 500-foot radius of the project’s boundaries, to parties requesting such notice, and to outside agencies; and
WHEREAS, on July 11, 2023, the City Council opened the public hearing at which it received a report from City Staff, oral and written testimony from the public, and deliberated on the project. At the conclusion of its deliberations, the City Council took a vote and adopted this resolution to approve the project, as revised by the City Council during its deliberations; and
WHEREAS, these Findings are based on the City’s General Plan and the City’s Zoning Ordinance, and the information submitted to the City Council at its July 11, 2023 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, BE IT RESOLVED THAT, on the basis of the above findings of fact and the entire Record, the City Council makes the following additional findings in support of the approvals:

A. The Project’s Initial Study and Mitigated Negative Declaration (“IS/MND”) was prepared in accordance with CEQA Guidelines and is recommended to be adopted by the City Council in conjunction with the Project’s Vesting Tentative Map (TM 01- 22), Final Development Plan (FDP 01-22), and Design Review (DR 01-22) approvals. Development of the project is subject to all adopted mitigation measures as included in the IS/MND unless modified pursuant to the CEQA Guidelines and adopted by the City Council.

B. In regard to the application requesting approval of Vesting Tentative Map 9614 (TM 01-22) to subdivide approximately 20.42 acres into 77 single residential lots, street rights of way, stormwater detention treatment area, neighborhood park, and emergency vehicle access, the City Council finds that:

1. The Project’s Initial Study and Mitigated Negative Declaration were prepared in accordance with CEQA Guidelines; and

2. The proposed Vesting Tentative Map (“VTM”), together with the provisions of its design and improvements, is consistent with the Zoning Ordinance, and applicable portions of the Residential Low (RL) General Plan Land Use Designation, in that the VTM’s gross density (approximately 3.77 du/ga) 718
Resolution No. -23 Page 3 of 22 July 11, 2023
falls within the gross density range of the RL General Plan Land Use Designation of 2.3-3.8 du/ga, and the VTM is tied to a P-1 District, which sets its own development regulations, such as required yard setbacks and minimum lot sizes; and

3. The site is physically suitable for the project in that it is accessible, not physically constrained other than the reduction in net developable acres due to right of way dedication and onsite stormwater retention basin, is similar to surrounding residentially developed projects, and it is also able to accommodate the proposed density of development in a manner consistent with the underlying land use designation; and

4. The site is physically suitable for the proposed density and number of dwelling units in that the proposed VTM falls within the allowable density while creating lots compliant with the project’s P-1 District, and public roads to access the homes; and

5. The design of the subdivision and type of improvements are not likely to cause serious public health problems in that the proposed subdivision consists of 77 single family residential lots. Construction and grading of the project are subject to building or grading permits, and violations of any such permits are subject to appropriate enforcement; and

6. Public improvements are proposed and conditioned to occur as a result of the subdivision, which is a benefit to the public and surrounding residents and property owners of the vicinity. One such improvement will be the dedication and improvement of Sellers Avenue along the project frontage.

The project will also dedicate land for the future Laurel Road extension, which is an important element to the City’s overall circulation patterns; and

7. The design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

C. In regards to the application requesting approval of a Final Development Plan (FDP 01-22) in conjunction with the project’s P-1 District, the City Council finds that the Final Development Plan together with the other components of the proposed project’s submitted materials includes all of the applicable required information as required by the Oakley Municipal Code, including, but not limited to the information included on the sheet titled “Final Development Plan”, the Vesting Tentative Map and its associated sheets, and the Design Review plans such as the home elevations and landscape plans.

D. In regard to the application requesting approval of Design Review (DR 01-22), the City Council finds that:
719
Resolution No. -23 Page 4 of 22 July 11, 2023

1. The proposed Design Review plans are consistent with the applicable General Plan designation of Residential Low (RL) and the project’s Vesting Tentative Map and P-1 District zoning; and

2. The proposed Residential Siting and Lot Design is consistent with the City of Oakley Residential Design Guidelines in that, the homes will be plotted to provide substantial variation in the garage setbacks from front property line, and changes in roof plans among the same floor plan assist in giving the overall neighborhood more visual variety in overall vertical massing along the streetscape; and

3. The Architectural Character of the proposed single-family homes is consistent with the applicable City of Oakley Residential Design Guidelines in that a variety of materials and architectural styles are used allowing for several different color schemes, and as conditioned, the homes will have unique exterior lighting designs for each architectural type, and increased use of 360 degree architecture, additional gable treatments on side and rear elevations, and the addition of a third garage door so each architectural style may have its own design, as well as options for windows in any of the garage doors.

E. The project complies with Measure J Growth Management requirements.

BE IT FURTHER RESOLVED THAT, on the basis of the above Findings and the Record, the City Council approves of the Applicant’s request for approval of a Tentative Map (TM 01-22), Final Development Plan (FDP 01-22), and Design Review (DR 01- 22), subject to the following Conditions of Approval:

Conditions of Approval
Applicant shall comply with the requirements of the Oakley Municipal Code. Any exceptions must be stipulated in these Conditions of Approval. Conditions of Approval are based on the application received by the Planning Division dated January 20, 2022, as well as additional information acquired since that time and made part of the project file.

THE FOLLOWING CONDITIONS OF APPROVAL SHALL BE SATISFIED PRIOR TO THE CONSTRUCTION OF THE BUILDING’S ON EITHER PARCEL UNLESS OTHERWISE NOTED:

PLANNING DIVISION CONDITIONS OF APPROVAL
General:

1. The Tentative Map (TM 01-22), Final Development Plan (FDP 01-22), and (DR 01-22) are approved, as shown on the revised plans, date stamped by the Planning 720
Resolution No. -23 Page 5 of 22 July 11, 2023
Division on June 9, 2023, and as modified by the following conditions of approval, subject to final review and approval by the Community Development Director.

2. These approvals shall be effectuated within a period of three (3) years from the effective date of the related Rezone approval by recording a final map and if not effectuated shall expire on that same date three years later. Prior to the expiration date, the applicant may apply for a Tentative Map Extension pursuant to the provisions of the Zoning Code and Subdivision Map Act, which would include extension of the related Design Review approval.

3. All construction drawings submitted for plan check shall be in substantial compliance with the plans presented to and approved by the City Council on July 11, 2023.

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

5. Noise generating construction activities, including such things as power generators, shall be limited to the hours of 7:30 a.m. to 5:30 p.m. Monday through Friday, and shall be prohibited on City, State and Federal Holidays. The restrictions on allowed working days and times may be modified on prior written approval by the Community Development Director.

6. Should archaeological materials be uncovered during grading, trenching or other on- site excavation(s), earthwork within 30 yards of these materials shall be stopped until a professional archaeologist who is certified by the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s), if deemed necessary. If the remains are determined to be that of Native American origin, procedures will be guided by California PRC 5097 through California’s Native American Heritage Commission.

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

8. The applicant shall comply with all mitigation measures contained within the HCP Planning Survey Report for the Project, per the review and approval of the Community Development Director.

9. The applicant shall indemnify, defend, and hold harmless the City of Oakley, the City Approving Authorities, and the officers, agents, and employees of the City from any and all claims, damages and liability (including, but not limited to, damages, attorney fees, expenses of litigation, costs of court). 721
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10.The applicant shall post a copy of the City of Oakley General Plan Land Use Diagram, in a conspicuous place, within the model homes or sales office.

Final Development Plan/Development Standards:

11.Prior to Planning approval of any master plans or building permits, the applicant shall revise the Final Develop Plan so that the five situations where there are adjacent two-story elements less than 15 feet apart is amended so that all adjacent two-story elements are a minimum 15 feet apart. In the event this condition is not feasible because of unforeseen effects of attempting to implement it, the applicant shall submit the reasons for the infeasibility to the City of Oakley. The Community Development Director and City Engineer shall review the written explanation and shall have final say in whether the condition is feasible or not for any of the specific situations.

12.The Final Development Plan shall include minimum setbacks for corner side yards.

13.The Final Development Plan shall be revised to include a statement that all accessory structures are subject to the Oakley Municipal Code regulations.

14.The project’s development standards are included in the project’s Rezone ordinance.

Design Review:

15.The applicant shall include details of home exterior lighting for each architectural type as part of the master plan submittals. Each architectural type shall have unique exterior lighting that complements that respective style. Spec sheets shall also be included in the master plans. The home exterior lighting is subject to the review and approval of the Community Development Director.

16.The applicant shall revise the architectural plans submitted with the master plans so that shutters shall also be included on all rear elevations, as appropriate, and on any side elevations that face the park or a roadway. All false shutters shall match the width of the window. Final approval is subject to the review and approval of the Community Development Director.

17.The applicant shall revise the architectural plans submitted with the master plans so that the second story gables include the same exterior materials or embellishments as the front-facing gables on applicable plans. Final approval is subject to the review and approval of the Community Development Director.

18.The applicant shall revise the architectural plans submitted with the master plans to include a third garage door to be used on either the Spanish or Santa Barbara 722
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style and include a garage door window option for each style. Final approval is subject to the review and approval of the Community Development Director.

Parks and Landscaping:

19.This project is proposing to construct a publicly accessible open space and neighborhood park on Parcel B of the Vesting Tentative Map. Since the park will be available to the general public, the applicant will be credited the appropriate amount on their per lot park impact fees depending on the final size of the park and usable area as depicted on the final map.

20.The area of Parcel B connecting the park to the road network and between the railroad right of way and Lot 30 shall be improved to include a trail only accessible to pedestrians and bicycles and that connects to the open space/park area. In addition, the area shall be planted with trees and shrubs and done so in a manner that discourages access and invasion of privacy to the adjacent Lot 30.

21.The final landscape plan shall include all trees as shown on the conceptual landscape plans approved with the project. Modifications to the species, size, or location of the trees is subject to the review and approval of the Community Development Director and City Engineer. It is the responsibility of the applicant to plan utilities, joint trenches, and other improvements that could interfere with placement of trees in a manner to allow the trees to be planted without conflict to those other improvements.

22.A landscaping and irrigation plan for all front yard, right-of-way, parks, open space, and trail landscaping shall conform to the Oakley Water Efficient Landscape Ordinance and the Guidelines for Implementation of the City of Oakley Water Efficient Landscape Ordinance and shall be installed prior to final occupancy. The plan shall be prepared by a licensed landscape architect and shall be certified in compliance with the City’s Water Conservation Ordinance.

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

24.All landscaped areas not covered by shrubs or groundcover shall be covered with bark or acceptable alternative as reviewed and approved by the Community Development Director. On slopes greater than 3 to 1, the applicant shall use an alternative to bark per the review and approval of the Community Development Director. Areas covered with bark shall use a weed barrier.

25.The applicant shall maintain all private landscaping until occupancy. 723
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Fences and Walls:

26.The applicant shall shield the western project boundary adjacent to the railroad tracks from the adjacent railroad by a 12-foot-tall masonry sound wall and the eastern project boundary shall be shielded from Sellers Avenue by a 6-foot-tall sound walls, subject to approval by the City Engineer. Other types of barriers may be employed but shall be reviewed by an acoustical engineer prior to being constructed. Sound wall heights are assumed to be relative to the higher of the railway/roadway centerlines or building pad elevations and may achieve the wall height through use of earthen berm and wall combinations to achieve the total height.

27.The project shall also install a sound wall along the future Laurel Road extension right of way. The height of this wall shall be supported by an acoustical study conducted by an acoustical engineer and shall result in noise levels that are consistent with the Oakley General Plan (below 65 dBA Leq) for outdoor private yards (i.e. rear yards).

28.The sound walls to be constructed along Sellers Avenue, the railroad tracks, and the future Laurel Road extension shall be constructed entirely outside of the public/railroad right of way and on the adjacent private property. All costs associated with maintenance of those sound walls will be the responsibility of the property owner on which that portion of the wall is located.

29.The sound walls to be constructed along Sellers Avenue and the future Laurel Road extension shall be constructed of split-face CMU with stone veneer columns.

All costs associated with maintenance of those sound walls will be the responsibility of the property owner on which that portion of the wall is located.

30.Within the subdivision good neighbor fences shall be constructed as shown on the proposed landscape plans and be constructed of wood that is resistant to rotting and warping, and erected with galvanized metal posts surrounded and completely hidden by wood fascia that matches the main fencing. Posts and fascia shall be capped by either a decorative upper fence rail or post cap. Good neighbor fences facing a street shall be constructed of a durable material such as, but not limited to, masonry, vinyl, enhanced wood, composite or other durable material, or stained or painted on both sides to prevent water damage, subject to the review and approval of the Community Development Director.

31.Any CMU walls, such as landscape retaining walls, shall use colored (i.e., nongrey) split-face CMU for all publicly and privately visible portions of the wall.

32.Anti-graffiti techniques shall be used on any masonry walls or fences. 724
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Subdivision Design:

33.The neighborhood along Sellers Avenue shall be improved with accent paving as shown on the approved plans. The type of paving is subject to the review and approval of the Community Development Director and City Engineer.

34.Driveway openings may be a maximum 18’ in width or up to 25% of the lot’s frontage, whichever is larger.

35.The street names shall be approved by the Community Development Department and the Contra Costa County Fire Protection District.

36.The EVA onto Sellers Avenue at the southern boundary of the project site shall be subject to review and approval of the Contra Costa County Fire Protection District (CCCFPD).

Subdivision Disclosures:

37.Where a lot/parcel is located within 300’ of a high voltage electric transmission line, the applicant shall record the following notice:
“The subject property is located near a high voltage electric transmission line. Purchasers should be aware that there is ongoing research on possible potential adverse health effects caused by the exposure to a magnetic field generated by high voltage lines. Although much more research is needed before the question of whether magnetic fields actually cause adverse health effects can be resolved, the basis for such a hypothesis is established. At this time, no risk assessment has been made.” When a Final Subdivision Public Report issued by the California Department of Real Estate is required, the applicant shall also request that the Department of Real Estate insert the above note in the report.

38.The following statements shall be recorded at the County Recorder’s Office for each parcel to notify future owners of the parcels that they own property in an agricultural area:
“This document shall serve as notification that you have purchased land in an agricultural area where you may regularly find farm equipment using local roads; farm equipment causing dust or blowing sand; crop dusting and spraying occurring regularly; burning associated with agricultural activities; noise associated with farm equipment such as zon guns and aerial crop dusting and certain animals, including equestrian trails as well as flies may exist on surrounding properties. This statement is again, notification that this is part of the agricultural way of life in the open space areas of the City of Oakley and you should be fully aware of this at the time of purchase.” 725
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Energy Efficiency:

39.Water heaters shall provide an energy efficiency factor of 0.62 or better.

40.Dual zone air conditioning shall be provided on all two-story residential units.

41.Air conditioning condenser units shall be located to take advantage of natural shade. Condensers should not be placed on the west or south elevation of a home unless shade is provided. The location of the condenser shall be added to all plot plans for review and approval of the Community Development Director.

42.Design and site units so as to take advantage of natural heating and cooling, sin and wind exposure, and solar energy opportunities.

Waste Management Plan:

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

BUILDING DIVISION CONDITIONS OF APPROVAL

44.Plans shall meet the currently adopted Uniform Codes as well as the newest T-24 Energy Requirements per the State of California Energy Commission. To confirm the most recently adopted codes please contact the Building Division at (925) 625 – 7005.

45.An Automatic Life Safety Sprinkler System shall be required in all new construction pursuant to Ordinance 22-06. The Automatic Life Safety Sprinkler Systems in commercial and industrial buildings shall be designed and installed to the standards and requirements found in the most recent version of the NFPA (National Fire Protection Association). Automatic Life Safety Sprinkler Systems in hotels and apartments shall be installed to the stands and requirements found in the most recent version of the NFPA, Standard 13R.

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

When the Community Development Department/Planning Division and Public Works and Engineering Department place Conditions of Approval on the project, those respective departments/divisions will sign off on the project prior to the request for a Building division final inspection. Similarly, if the Health Department and/or Fire Department reviewed and approved the original plans, those departments must sign off on the project prior to the request for a final inspection by the Building Division.
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PUBLIC WORKS AND ENGINEERING CONDITIONS OF APPROVAL

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

47.GENERAL. All public improvements shall be made according to the latest adopted City Standard Drawings and Specifications. All work shall conform to the applicable City ordinances. The adjacent public right-of-way shall be kept clear of all job-related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued.

The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the City performing the required maintenance at the developer's expense.

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

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

49.GRADING PERMIT. All earthwork must comply with the City’s Grading Ordinance.

A Grading Permit must be issued by the public works department prior to site disturbance.

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

51.PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of any site work, the general contractor shall:
a) Along with the project applicant, attend a pre-construction meeting with the City Engineer to discuss the project conditions of approval, working hours, site maintenance and other construction matters;
b) Acknowledge in writing that they have read and understand the project conditions of approval and will make certain that all project sub-contractors have read and understand them prior to commencing work and that a copy of the project conditions of approval will be posted on site at all times during construction.

52.CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the City Engineer.
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53.EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Public Works Department. A Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the State SMARTS system for projects disturbing more than one acre and obtain a WDID number. A maximum of two weeks is allowed between clearing of an area and stabilizing/building on an area if grading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before installation of the final landscaping shall be included. Interim erosion control method shall include, but are not limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, City standard seeding specification, filter berms, check dams, retention basins, etc. Provide erosion control measures as needed to protect downstream water quality during winter months. The grading, drainage, erosion control plans and SWPPP shall comply with applicable measures contained in the City of Oakley’s NPDES Permit.

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

Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept daily during the workweek to the satisfaction of the City. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered.

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

56.TRAFFIC CONTROL PLAN. The project sponsor will be required to work with the Public Works Department to develop a traffic control plan per the current California MUTCD. This plan will include, but not be limited to, the following measures:
a) Construction activities shall be strategically timed and coordinated to minimize traffic disruption for schools, residents, businesses, and special events. The 728
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schools located on the haul route shall be contacted to help with the coordination of the trucking operation to minimize traffic disruption. b) Flag persons shall be placed at locations necessary to control one-way traffic flow, if required. All flag persons shall have the capability of communicating with each other to coordinate the operation.
c) Prior to construction, advance notification of all affected residents and emergency services shall be made regarding one-way operation, specifying dates and hours of operation and lane closures on main arterial and collector streets, and will be permitted only between the hours of 8:30AM to 2:30PM on M, T, TH & F. 8:30AM to 12:00PM on W.
d) The traffic control plan shall be reviewed for compliance to the project’s Haul Route, approved by the City of Oakley.
e) A full road closure will require a detour plan and a road closure permit issued by the Public Works Department.

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

58.RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Public Works & Engineering Inspector and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions.

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

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

60.CURB AND GUTTER. The developer shall repair and replace to existing City standards any curb and gutter damaged now or during construction of this project.

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

62.GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be diligently performed by a person or persons authorized to do so at all times during working hours. The storing of goods and/or materials on the sidewalk and/or the street will not be allowed unless a special permit is issued by the Engineering Division. The adjacent public right-of-way shall be kept clear of all job-related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the City performing the required maintenance at the developer's expense.

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

63.EXISTING WELLS. Provide documentation that any gas wells located onsite have been abandon per regulations.

64.GEOLOGY AND SOIL MITIGATION MEASURES. A geotechnical investigation shall be conducted for the project to determine the surface and sub-surface conditions at the site and to determine the potential for surface fault rupture on the site. The geotechnical study shall provide recommendations for site grading as well as the design of foundations, retaining walls, concrete slab-on-grade construction, excavation, drainage, on-site utility trenching and pavement sections.

The soils report shall include specific criteria and standards governing site grading, drainage, pavement design, retaining wall design, and erosion control. All recommendations of the investigation shall be incorporated into project plans. One copy of the geologic report shall be submitted with the grading permit and public improvement application. Prior to issuance of any permit, the applicant’s soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with their recommendations. The applicant’s soils engineer’s approval shall then be conveyed to the City either by letter or by signing the plans. 730
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65.GRADING.
a) Grade any slopes with a vertical height of four (4) feet or more at a slope no steeper than 3H to 1V. Retaining walls that may be installed to reduce the slope must be masonry and comply with the City’s building code. b) Retaining wall or other suitable option acceptable by the City Engineer is required where the grade differential between property or adjacent lots are greater than 6”. Retaining walls are required to be identified on the grading plans and shall have a note stating a separate building permit is required for retaining wall greater than four (4) feet in height, measured from the bottom of footing to top of wall.
c) At least one week prior to commencement of grading, the applicant shall post at the site and mail to the owners of property within 300 feet to the exterior boundary of the project site notice that construction work will commence. The notice shall include a list of contact persons with the name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall always be kept current and shall consist of persons with authority to indicate and implement corrective action in their area of responsibility. The names of the individual responsible for noise and litter control shall be expressly identified in the notice. The notice shall be reissued with each phase of major grading activity. A copy of the notice shall be concurrently transmitted to the City Engineer. The notice shall be accompanied by a list of the names and addresses of the property owners noticed, and a map identifying the area noticed.
d) Submit a Haul Route Plan to the City Engineer for review and approval prior to importing or exporting any material from the site. The plan shall include the location of the borrow or fill area, the proposed haul routes, the estimated number and frequency of trips, and the proposed schedule of hauling. Based on this plan, the City Engineering shall determine whether pavement condition surveys must be conducted along the proposed haul routes to determine what impacts the trucking activities may have. The project proponents shall be responsible to repair to their pre-construction condition any roads along the utilized routes.
e) Prior to commencement of any site work that will be result in a land disturbance of one acre or more, the applicant shall provide evidence to the City Engineer that the requirements for obtaining a State General Construction Permit have been met. Such evidence may be a copy of the Notice of Intent Letter sent by the State Water Resources Control Board. The WDID Number shall be shown on the grading plan prior to approval by the City Engineer. f) The burying of any construction debris is prohibited on construction sites.

66.NPDES – NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.

Comply with all rules, regulations and procedures of the NPDES for municipal, construction and industrial activities as promulgated by the California State Water Resources Control Board, the Regional Water Quality Control Board (Central 731
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Valley – Region IV), including the Stormwater C.3 requirements as detailed in the Guidebook available at www.cccleanwater.org
Compliance shall include developing long-term best management practices (BMP’s) for the reduction or elimination of storm water pollutants. The project design shall incorporate wherever feasible, the following long-term BMPs in accordance with the Contra Costa Clean Water Program for the site’s storm water drainage.
 Offer pavers for household driveways and/or walkways as an option to buyers.
 Minimize the amount of directly connected impervious surface area.  Delineate all storm drains with “No Dumping, Drains to the Delta” permanent metal markers per City Standards.
 Construct concrete driveway weakened plane joints at angles to assist in directing run-off to landscaped/pervious areas prior to entering the street curb and gutter.
 Distribute public information items regarding the Clean Water Program to buyers.
 Other alternatives as approved by the City Engineer.
 Prepare an Operations and Maintenance Manual for the project’s storm water control measures.

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

67.PUBLIC IMPROVEMENTS. Construct the project streets within public right of way to City public road standards and as shown on the Tentative Map with the following exceptions:
a) The minimum street grade may be lowered from the standard 1% to 0.75% provided that the project proponent demonstrates that the City’s drainage standards can be achieved.
b) Submit a turning radius exhibit to the City Engineer for review and approval to illustrate that the ninety-degree turns of project streets can accommodate the largest expected vehicle to use the streets without the inclusion of City standard elbows. If the exhibit illustrates that elbows are necessary to accommodate the expected traffic, then they shall be included in the improvement plans.

68.ROADWAY IMPROVEMENTS. The following improvements shall be installed by the developer as shown on the Tentative Map. Plans for these roadway improvements shall be prepared by a California registered civil engineer, reviewed, and approved by the City, to the satisfaction of the City Engineer. a) Design and construct the roadway improvements for Sellers Avenue along the project frontage as shown on the Vesting Tentative Map with the exception of 732
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the sidewalk, which shall be satisfied through payment of an in-lieu fee to the City of Oakley, subject to review and approval of the City Engineer. Pavement transitions shall be designed to accommodate the posted speed of 50 miles per hour. Any conforms to existing improvements must take place outside of the frontage limits of the project to the satisfaction of the City Engineer. b) The frontage improvements along Laurel Road are to be installed through a fair share contribution to the City of Oakley as outlined in the preliminary cost estimate dated May 23, 2023 and submitted to the Public Works and Engineering Department. The Laurel Road extension will be constructed by the city as a Capital Improvement Project. The developer is responsible for a 12-foot travel lane, 8-foot bike lane, storm drain, streetlights, curb, gutter, sidewalk, and landscaping along the project frontage. The preliminary cost estimate shall be updated to account for inflation at the time of payment based on the Engineering News Record Construction Price Index. The fair share must be paid prior to the recordation of the final map.

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

70.SIGHT DISTANCE EXHIBIT. For the project driveways’ ingress and egress, provide an exhibit that will analyze the sight distance required for the appropriate speed limit identified with this project as required by the City Engineer.

71.DESIGN CHANGES. The Applicant's registered Engineer shall notify the City Engineer, in writing, at least 72 hours in advance of all differences between the proposed work and the design indicated on the plans. Any proposed changes shall 733
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be subject to the approval of the City before altered work is started. A plan revision must be submitted for approval by the City Engineer.

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

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

74.STREETLIGHTS. Install streetlights along all public streets as required by the City Engineer. The City Engineer shall determine the final number and location of the lights, and the lights shall be on an LS2-A rate service. Streetlights shall be spun aluminum “cobra head” style or decorative residential street lights as required by the City of Oakley Standard Plans.

75.LANDSCAPING IN PUBLIC RIGHT OF WAY.
a) Prepare landscape plans for landscape improvements within the public right of way. Landscape plans shall be prepared by a licensed landscape architect. b) Install public right-of-way landscaping along the project’s frontages as required by the City Engineer and Community Development Director. c) Maintain all landscaping within the public right-of-way until such time that the adjacent roadway improvements have been accepted for maintenance. d) Prior to the issuance of certificate of occupancy, an inspection will be performed to verify the health and location of the street trees. Trees in poor health or 734
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those without adequate clearance from utilities will require replacement or relocation.

76.FENCING. Any proposed fencing and walls shall be located on private property and maintained by the property owner or owner.

77.SOUNDWALL. Soundwalls along Sellers Avenue and Laurel Road shall be installed within private property and not within public right of way. The soundwall must match the proposed soundwalls in this area or approved equal to the satisfaction of the City Engineer.

78.MAINTENANCE EXHIBIT. Submit a maintenance exhibit showing the responsible maintenance entity of proposed subdivision improvements. Exhibit must clearly show which areas are to be maintained by the City of Oakley. a) Parcel A and B are to be retained and maintained by the Owner/Developer/Homeowners Association.
b) Bioretention Areas to be maintained by the Homeowners Association.

THE FOLLOWING PUBLIC WORKS AND ENGINEERING CONDITIONS OF APPROVAL SHALL BE SATISFIED PRIOR TO THE APPROVAL OF THE FINAL MAP:

79.BONDS. The applicant shall supply suitable securities for all improvements that are a part of the development in a form acceptable to the City in the amount of 100% (performance), 50% (labor and material) prior to issuance of any permit.

80.FINAL MAP. Submit a Final Map prepared by a Licensed Land Surveyor. The final map shall be recorded, and the Subdivision Agreement must be executed before any building permits are issued. Insurance shall be provided per the terms of the Subdivision Agreement.

81.DEDICATIONS. The following shall be dedicated on the final map. The dedication shall be recorded before any permits are issued and under specific timelines listed below:
a) Dedicate the required right-of-way along the project frontage on Sellers Avenue and Laurel Road as shown in the typical sections of the Tentative Map. b) Public Utility Easement (PUE): 5’ PUE beyond public right of way as required. c) Ingress-egress, storm drainage easements, emergency access easements as required.

Any necessary rights of way, rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, public and private road, utility and drainage improvements shall be furnished to the City. Prior to the issuance of the first building permit, the applicant must provide the necessary documentation that any existing easements no longer necessary have been quitclaimed. 735
Resolution No. -23 Page 20 of 22 July 11, 2023

82.PRIVATE EASEMENTS. Agreements detailing rights, limitations, and responsibilities of involved parties shall accompany each private easement. The easements and associated agreements shall be recorded simultaneously with the final map.

83.UTILITY SETBACKS. Building foundations shall be set back from utility lines a sufficient distance to allow excavation of the utility without undermining the house foundation. The City Engineer shall determine the appropriate setback based on the depth of the utility, input from the project soils engineer, and the type of foundation.

84.DRAINAGE FEES. This project is within the Emerson Lake drainage watershed.

Payment to comply with the “Reimbursement Agreement for the Storm Drainage Improvements related to Conditions of Approval for the Emerson Ranch Project” must be paid prior to the recordation of the Final Map. (Agreement recorded document reference DOC-2021-0014471 January 15, 2021).

85.ANNEXATIONS
a) The applicant shall establish a funding mechanism to cover the ongoing financial impact their project has on fire protection services provided in the City.

All costs associated with meeting this condition of approval shall be paid for by the applicant. Compliance with this requirement shall be to the satisfaction of the City Engineer and shall be completed prior to final map approval. b) The applicant shall establish a funding mechanism to cover the ongoing financial impact their project has on police services provided in the City. All costs associated with meeting this condition of approval shall be paid for by the applicant. Compliance with this requirement shall be to the satisfaction of the City Engineer and shall be completed prior to final map approval. c) The applicant shall establish a funding mechanism to cover the ongoing financial impact their project has on maintenance and operation services associated with public landscaping, parks, streetlighting, and stormwater facilities. All costs associated with meeting this condition of approval shall be paid for by the applicant. Compliance with this requirement shall be to the satisfaction of the City Engineer and shall be completed prior to final map approval.

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

86.PAD CERTIFICATION. A letter from a licensed land surveyor stating that the building pad was constructed in accordance with the approved plans shall be provided prior to the issuance of the building permit.
736
Resolution No. -23 Page 21 of 22 July 11, 2023

87.SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all excavations and grading shall be inspected by the applicant’s soils engineer prior to placement of concrete and/or backfill so they can verify that the actual conditions are as anticipated in the design-level geotechnical report and recommend appropriate changes in the recommendations contained in the report, if necessary.

The results of the construction observation and testing should be documented in an “as-built” letter/report prepared by the applicants’ soils engineer and submitted to the City before any building permit is granted.

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

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

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

90.IMPACT FEES. Comply with the requirements of the development impact fees listed below, in addition to those noticed by the City Council in Resolution 85-00 and 08-03. The applicant shall pay the fees in the amounts in effect at the time each building permit is issued.
a) Traffic Impact Fee (authorized by Ordinance No. 14-00, adopted by Resolution 49-03);
b) Regional Transportation Development Impact Mitigation Fee or any future alternative regional fee adopted by the City (authorized by Ordinance No. 14- 00, adopted by Resolution No. 73-05);
c) Park Land Dedication In-Lieu Fee (adopted by Ordinance No. 03-03); d) Park Impact Fee (authorized by Ordinance No. 05-00, adopted by Resolution No. 19-03);
e) Public Facilities Fee (authorized by Ordinance No. 05-00, adopted by Resolution No. 18-03);
f) Fire Facilities Impact Fee (adopted by Resolution No. 24-21); g) General Plan Fee (adopted by Resolution No. 53-03);
h) East Contra Costa County Habitat Conservation Plan Fee (adopted by Ordinance 8-21).
737
Resolution No. -23 Page 22 of 22 July 11, 2023
The applicant should contact the City Engineer prior to constructing any public improvements to determine if any of the required improvements are eligible for credits or reimbursements against the applicable traffic benefit fees or from future developments.

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

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

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

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

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

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

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

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

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

PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 11th day of July 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:

Aaron Meadows, Mayor Date
ATTEST:

Libby Vreonis, City Clerk Date
738
Sellers Avenue Subdivision 1
Mitigation Monitoring Program Janaury 2023
Sellers Avenue Subdivision
Mitigation Monitoring Program
– January 2023
The California Environmental Quality Act (CEQA) and CEQA Guidelines require Lead Agencies to adopt a program for monitoring the mitigation measures required to avoid significant environmental impacts of a project. The Mitigation Monitoring Program ensures that mitigation measures imposed by the City are completed at the appropriate time in the development process.

The mitigation measures identified in the Sellers Avenue Subdivision Initial Study/Mitigated Negative Declaration are listed below along with the party responsible for implementation of the mitigation measure, the party responsible for monitoring implementation of the mitigation measure, the milestones for implementation and monitoring, and a sign off that the mitigation measure has been implemented.
739
Sellers Avenue Subdivision 2
Mitigation Monitoring Program Janaury 2023

MITIGATION MONITORING PROGRAM
Sellers Avenue Subdivision
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Signoff
Cultural Resources
V (a-c). Would the project cause a substantial
adverse change in the significance of a
historical resource or unique
archaeological resource pursuant to
Section 15064.5, or disturb any human
remains, including those interred
outside of dedicated cemetaries?
V-1. Prior to the demolition of any on-site buildings, a qualified architectural historian, as approved by
the City of Oakley Planning Division, shall
evaluate the project site and the on-site structures
for qualification per CRHR criteria. If the on-site
buildings do not qualify for protection, further
mitigation is not required.

If the on-site buildings meet the CRHR criteria,
then the structures shall be properly documented
prior to their demolition. The documentation shall,
at a minimum, consist of a report documenting the
historical context with descriptive narrative of the
resource, and an update of the resource’s
Department of Parks and Recreation form 523
record. The photo-documentation shall capture
the form, materials, design, and setting of the
buildings to preserve those characteristics that
justify their California Register eligibility. If
building relocation is pursued, the photodocumentation shall include views of the resources in their new locations, with an
emphasis on the context and architectural setting
of their new surroundings. The photodocumentation shall be prepared in concert with a historical context statement and narrative
description of the buildings to place the properties
in their architectural and historical context. The
documentation package shall be distributed to the
NWIC, the Contra Costa County Historical
Society, the City of Oakley, the Oakley Chamber
of Commerce, and, for the purposes of public
outreach, the Oakley Public Library.

City of Oakley
Planning
Division
Qualified
Architectural
Historian
Prior to the
demolition of any
on-site buildings.
740
Sellers Avenue Subdivision 3
Mitigation Monitoring Program Janaury 2023

MITIGATION MONITORING PROGRAM
Sellers Avenue Subdivision
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Signoff
Proof of compliance with the foregoing measure
shall be submitted to the City of Oakley Planning
Division for review and approval.

V-2. If buried archaeological, paleontological, and/or
cultural resources are encountered during site
grading or other site work, all such work shall be
halted immediately within 100 feet of the
discovery and the developer shall immediately
notify the City of Oakley Planning Division of the
discovery. In such case, the developer shall be
required, at their own expense, to retain the
services of a qualified archaeologist for the
purpose of recording, protecting, or curating the
discovery, as appropriate. The archaeologist shall
be required to submit to the City of Oakley
Planning Division for review and approval a report
of the findings and method of curation or
protection of the resources. Further grading or
site work within the area of discovery would not
be allowed until the preceding work has occurred.

The foregoing requirements shall be noted on the
project improvement plans, subject to review and
approval by the City of Oakley Planning Division.

V-3. Pursuant to State Health and Safety Code
§7050.5 (c) State Public Resources Code
§5097.98, if human bone or bone of unknown
origin is found during construction, all work shall
stop within 100 feet of the find and the Contra
Costa County Coroner shall be contacted
immediately. If the remains are determined to be
Native American, the Coroner shall notify the
Native American Heritage Commission, who shall
notify the person believed to be the most likely
descendant. The most likely descendant shall
City of Oakley
Planning
Division
Qualified
Archaeologist
City of Oakley
Planning
Division
Contra Costa
County
Coroner
Native
American
Heritage
If buried
archaeological,
paleontological,
and/or cultural
resources are
encounterd during
site grading or other
site work.

If human bone or
bone of unknown
origin is found
during construction.
741
Sellers Avenue Subdivision 4
Mitigation Monitoring Program Janaury 2023

MITIGATION MONITORING PROGRAM
Sellers Avenue Subdivision
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Signoff
work with the contractor to develop a program for
re-internment of the human remains and any
associated artifacts. Additional work is not to take
place within 100 feet of the find until the identified
appropriate actions have been implemented.

The foregoing requirements shall be noted on the
project improvement plans, subject to review and
approval of compliance by the City of Oakley
Planning Division.

Commission
Geology and Soils
VII (f). Would the project directly or indirectly
destroy a unique paleontological
resource or site or unique geologic
feature?
VII-1. Implement Mitigation Measures V-2 and V-3. See Mitigation Measures V-2
and V-3.

See Mitigation
Measures V-2 and
V-3.

Greenhouse Gas Emissions
VIII (a,b). Would the project generate greenhouse
gas emissions, either directly or
indirectly, that may have a significant
impact on the environment, or conflict
with an applicable plan, policy or
regulation adopted for the purpose of
reducing the emissions of greenhouse
gasses?
VIII-1. Consistent with the BAAQMD’s thresholds of
significance, prior to issuance of building permits
for the proposed project, the project applicant
shall demonstrate via project design and/or
notation included on project design that natural
gas infrastructure shall be prohibited.

Conformance with the foregoing requirement
shall be confirmed through review and approval
of building permit plans by the City of Oakley
Planning Division.

City of Oakley
Planning
Division
Prior to the issuance
of building permits.

Hazards and Hazardous Materials
IX (b). Would the project create a significant
hazard to the public or the environment
through reasonably foreseeable upset
and accident conditions involving the
likely release of hazardous materials
into the environment?
IX-1. Prior to initiation of ground-disturbing activities, the project applicant shall complete sampling and
testing of on-site soils for organochlorine
pesticides (OCPs) and arsenic in accordance with
the California Department of Toxic Substances
Control’s 2009 Interim Guidance for Sampling
Agricultural Properties (Third Revision) and U.S.

Environmental Protection Agency (USEPA)
Method 8081A, respectively. In the event that soil
City of Oakley
Planning
Division
Prior to the initiation
of ground-disturbing
activities.
742
Sellers Avenue Subdivision 5
Mitigation Monitoring Program Janaury 2023

MITIGATION MONITORING PROGRAM
Sellers Avenue Subdivision
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Signoff
is determined to be hazardous by exceeding the
USEPA Regional Screening Level for residential
exposure scenarios, the soil shall be transported
and disposed of at a Class I facility permitted by
the California Department of Toxic Substances
Control. Hazardous waste shall be transported to
disposal by a licensed hazardous waste hauler
under a uniform hazardous waste manifest. A
State of California environmental regulatory
agency or a local agency that meets the
requirements of Health and Safety Code Section
101480 shall provide regulatory concurrence on
the sampling plans, conclusion, and
recommendations. The results of soil sampling
and analysis, as well as verification of proper
remediation and disposal, if warranted, shall be
submitted to the City’s Planning Division for
review and approval.

IX-2. Prior to issuance of a demolition permit by the City for any on-site structures, the project applicant
shall provide a site assessment that determines
whether any structures to be demolished contain
asbestos-containing materials (ACMs), mercury,
polychlorinated biphenyl (PCB) caulk, or leadbased paint (LBP). Sampling shall be conducted in accordance with the California Department of
Toxic Substances Control’s 2006 Interim
Guidance Evaluation of School Sites with
Potential Contamination from Lead based Paint,
Termiticides, and Electrical Transformers. If the
on-site structures do not contain either any of the
foregoing materials, further mitigation is not
required; however, if ACMs, mercury, PCB caulk,
or LBP are identified, the materials shall be
removed and disposed of by a licensed and
certified contractor in accordance with California
City of Oakley
Planning
Division
Prior to the
issuance of a
demolition permit.
743
Sellers Avenue Subdivision 6
Mitigation Monitoring Program Janaury 2023

MITIGATION MONITORING PROGRAM
Sellers Avenue Subdivision
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Signoff
Air Resources Board recommendations and
OSHA requirements. Work practice standards
generally include appropriate precautions to
protect construction workers and the surrounding
community, and appropriate disposal methods for
construction waste in accordance with federal,
State, and local regulations. The results of the site
assessment, as well as verification of proper
disposal, if warranted, shall be submitted to the
City’s Planning Division for review and approval.

IX-3. During ground-disturbing activities, if one or more wells and/or septic systems are identified on-site,
the project applicant shall hire a licensed
contractor to obtain the applicable abandonment
permit from Contra Costa County Environmental
Health Division (CCCEHD), and properly
abandon the on-site wells and/or septic systems
for review and approval by the CCCEHD and the
City’s Planning Division.

City of Oakley
Planning
Division
CCCEHD
During grounddisturbing activities,
if one or more wells
and/or septic
systems are
identified on-site.

Noise
XIII (a). Would the project result in generation of
a substantial temporary or permanent
increase in ambient noise levels in the
vicinity of the project in excess of
standards established in the local
general plan or noise ordinacnce, or
applicable standards of other agencies?
XIII-1. Prior to the approval of grading permits, the
following criteria shall be established and noted
on graded plans, subject to review and approval
by the City of Oakley Planning Division:
• Construction activities shall be limited to
between the daytime hours of 7:30 AM to
7:00 PM Monday through Friday, and 9:00
AM to 7:00 PM on Saturdays, Sundays,
and holidays.
• Construction equipment shall be properly
maintained and equipped with noisereduction intake and exhaust mufflers and engine shrouds, in accordance with
manufacturers’ recommendations.

City of Oakley
Planning
Division
Prior to the approval
of grading permits.
744
Sellers Avenue Subdivision 7
Mitigation Monitoring Program Janaury 2023

MITIGATION MONITORING PROGRAM
Sellers Avenue Subdivision
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Signoff
Equipment engine shrouds shall be closed
during equipment operation.
• When not in use, motorized construction
equipment shall not be left idling for more
than five minutes.
• Stationary equipment (power generators,
compressors, etc.) shall be located at the
furthest practical distance from nearby
noise-sensitive land uses or sufficiently
shielded to reduce noise-related impacts.

Transportation
XVII (c,d). Would the project substantially increase
hazards due to a geometric design
feature (e.g., sharp curves or dangerous
intersections) or incompatible uses
(e.g., farm equipment), or result in
inadequate emergency access?
XVII-1. Prior to issuance of demolition or grading permits, the project applicant shall prepare and submit a
Traffic Control Plan to the City for review and
approval. The Traffic Control Plan shall include,
but not be limited to, the following items, to the
satisfaction of the City Engineer.
• Truck drivers shall be notified of and
required to use the most direct route
between the site and SR 4, as determined
by the City Engineering Department;
• All site ingress and egress shall occur only
at the main driveways to the project site
and construction activities may require
installation of temporary (or ultimate)
traffic signals as determined by the City
Engineer;
• Specifically-designated travel routes for
large vehicles shall be monitored and
controlled by flaggers for large
construction vehicle ingress and egress;
• Warning signs indicating frequent truck
entry and exit shall be posted on Sellers
Avenue;
City of Oakley
Planning
Division
City Engineer
Prior to the
issuance of
demolition or
grading permits.
745
Sellers Avenue Subdivision 8
Mitigation Monitoring Program Janaury 2023

MITIGATION MONITORING PROGRAM
Sellers Avenue Subdivision
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Signoff
• Any debris and mud on nearby streets
caused by trucks shall be monitored daily
and may require instituting a street
cleaning program;
• Construction employee parking shall be
provided on the project site to eliminate
conflicts with nearby areas. Construction
of the project shall be staggered so that
employee parking demand is met primarily
by using on-site parking; and
• If importation and exportation of material
becomes a traffic nuisance, the City
Engineer shall limit the hours the activities
can take place.

Tribal Cultural Resources
XVIII (a,b). Would the project cause a substantial
adverse change in the significance of a
tribal cultural resource, defined in Public
Resources Code section 21074 as
either a site, feature, place, cultural
landscape that is geographically defined
in terms of the size and scope of the
landscape, sacred places, or object with
cultural value to a California Native
American Tribe, and that is listed or
eligible for listing in the California
Register of Historical Resources, or in a
local register of historical resources as
defined in Public Resources Code
section 5020. 1(k); or a resource
determined by the lead agency, in its
descretion and supported by substantial
evidence, to be significant pursuant to
criteria set forth in subdivision (c) of
Public Resources Code Section
5024.1? In applying the criteria set forth
in subdivision (c) of Public Resources
XVIII-1. Implement Mitigation Measures V-2 and V-3. See Mitigation Measures V-2
and V-3.

See Mitigation
Measures V-2 and
V-3.
746
Sellers Avenue Subdivision 9
Mitigation Monitoring Program Janaury 2023

MITIGATION MONITORING PROGRAM
Sellers Avenue Subdivision
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Signoff
Code Section 5024.1, the lead agency
shall consider the significance of the
rsource to a California Native American
tribe.
747

STAFF REPORT

City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: July 11, 2023
TO: Joshua McMurray, City Manager
FROM: Tim Przybyla, Finance Director
SUBJECT: Consideration of a Resolution Establishing a Master Fee Schedule and Updating Certain City Fees
Background and Analysis
On May 23rd, the City Council approved a resolution establishing a master fee schedule and updating certain City fees and refuse fees, which will be effective July 22, 2023. During the May 23rd City Council meeting, the City Council requested a revision to the City of Oakley Master Fee Schedule that would allow Oakley based businesses to pay the same fees that Oakley residents and Oakley based non-profit organizations pay for the rental of fields, group picnic areas and the Oakley Recreation Center. That proposed change can be accomplished by simply adding “, Oakley Based Businesses” into the Group 1 category heading on page 11 of the Master Fee Schedule.

As for the process of adopting fees, State law requires that changes to the City’s fees be presented to the City Council at a public hearing; and that there be two publications of the meeting notice, so that advance notice is provided to any party that requests to be notified of any proposed fee adjustments, and that the full package of the proposal is made available to the public no less than 10 days prior to the Hearing. In addition, approved changes to City fees may take effect no less than 60 days after approval.

Staff has met the publishing and noticing requirements for the proposed changes herein, and Staff is recommending that any changes approved pursuant to this item become effective on Tuesday, September 11, 2023, which is 62 days from the date of this meeting.

Approved and
Forwarded to the
City Council
748

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Consistency with the Oakley Strategic Plan 27+
The approval of this resolution is consistent with the SP 27+ Finance and Fiscal Responsibility Goal to leverage the City’s financial resources for the long-term benefit of our residents and businesses.

Fiscal Impact
The fiscal impact of the recommended action is not expected to be significant. The recommendation only includes minor decreases to the existing fee levels for Oakley based businesses related to the rental of fields, group picnic areas and the Oakley Recreation Center.

Staff Recommendation
Staff Recommendation: 1) Receive the Staff Report, 2) Receive Questions from the City Council, 3) Open the Public Hearing, 4) Receive Public Testimony, 5) Close the Public Hearing, 6) Deliberate, 7) Summarize the Deliberation 8) Adopt the Resolution Attachments

1. Resolution

2. Master Fee Schedule
749
Resolution No. XX-23 Page 1 of 2
RESOLUTION NO. XX-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY

ADOPTING A MASTER FEE SCHEDULE
WHEREAS, the City Council of the City of Oakley has the authority to establish fees for City services; and
WHEREAS, the City finds it necessary to recover the costs of providing certain City services and said fees do not exceed the reasonable costs of providing the services for which fees are imposed; and
WHEREAS, the consolidation of all City fees will assist the public, as well as City staff in readily locating fees and to continue governmental transparency; and WHEREAS, the proposed Master Fee Schedule will supersede any previously adopted or established fee for specified City services; and
WHEREAS, the Master Fee Schedule will be evaluated each year to ensure that services are provided while consideration is taken into account in regards to cost recovery for services provided by the City; and
WHEREAS, public comment has been received on the compilation of existing fees into a Master Fee Schedule (Exhibit “A”) and proposed fee modifications contained within the Master Fee Schedule; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLEY DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS:

Section 1. The foregoing recitals are true and correct, and the City Council so finds and determines.

Section 2. That the fees shown in Exhibit “A” are hereby adopted and supersede any previously established fee for the identified City services.

Section 3. The City fees shown in Exhibit “A” shall become effective July 11, 2023. 750
Resolution No. XX-23 Page 2 of 2
PASSED AND ADOPTED by the City Council of the City of Oakley this 11th day of July 2023 by the following vote:

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
___________________
Aaron Meadows, Mayor
ATTEST:
____________________ ____________________
Libby Vreonis, City Clerk Date
751
Master Fee Schedule
Effective September 11,
2023
752

GENERAL ADMINISTRATIVE SERVICES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT Passport Photos $15.00
Passport Execution Fee $35.00
Copying (8 1/2 x 11) $.40 1st page $.25 thereafter
Copying (8 1/2 x 14) $.65 1st page $.50 thereafter
Copying (11 x 17 or color copies) $1.00 1st page $.75 thereafter Promotional Items Cost + 10%
Return Check Fee $25/$35 $25 for 1st, $35 for Subsequent Zoning/Subdivision Map Time and Materials Charge
General Plan Copy Time and Materials Charge
Subpoena Services $24 per hour plus $.10 per page
Subpoena Witness Fees $275.00 Per Day plus current IRS rate per mile of travel Research & Information Services Based on Staff Estimate Time and Materials Charge Administrative Hearing Time and Materials Charge
Administrative Penalty Citation $100.00 For 1st citation in 1 year; $200 and $500 for subsequent citations in 1 year Copy of Meeting on Flash Drive, CD, or DVD Varies, fee is cost of recording media only Recreation Class Cancellation Fee $38 maximum or class fee if cancelled within 2 weeks of the first class Filing Fee for Notice of Intent to Circulate an Initiative Petition $200.00 Deposit is refunded to the filer if, within one year of the date of filing the notice of intent, the elections official certifies the sufficiency of the petition.

Business License Annual Fee $100.00
$100 plus $10 per full time equivalent employee (pro-rated by quarter for new licenses)
CASP Annual Fee $4.00 Per SB 1186
Transfer of License or Location $10.00
Lost License/Duplicate License $10.00
EV Vehicle Charging Fee $.30/kwh

SPECIAL PERMITS & LICENSES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT Adult Business Permits $1,704.00 Time and Materials Charge Massage Parlor Permits $1,196.00 Time and Materials Charge Masseuse Permits $364.00 Ability to charge are subject to limits by State Law.

Bingo Licenses
New $50.00
Renewal $10.00
Public Dance Licenses $406.00
Sound Amplification Permit $406.00
Taxicab Owner Permit $316.00
Taxicab Driver Permit $316.00
Tobacco License $458.18 Per License (Resolution 03-19)

753

PLANNING DEPARTMENT SERVICES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT VARIANCES:

Planning Commission/City Council Review $2,900.00 Time and Materials Charge Zoning Administrator Review $649.00
CONDITIONAL USE PERMITS:

Planning Commission/City Council Review $3,500.00 Time and Materials Charge Zoning Administrator Review $649.00
SIGN PERMITS:

Administrative Approval $81.00
Planning Commission Approval $1,500.00 Time and Materials Charge DEVELOPMENT PLANS/DESIGN REVIEWS:

Zoning Administrator Review – Minor (Building Additions, Re-Facades, and Re- Paints) $162.00 Zoning Administrator Review – Major (All Others) $1,215.00 Planning Commission/City Council Review - Minor (ZA referrals, significant painting/facades) $2,400.00 Time and Materials Charge Planning Commission/City Council Review - Major (Tent. Map- Homes, New Commercial/Industrial Construction) $4,000.00 Time and Materials Charge SUBDIVISIONS:

Tentative Map for 5 or More Lots (Major Subdivision) $12,000.00 Plus $100 per lot/unit over 50 Tentative Parcel Map for Less than 5 Lots (Minor Subdivision) $5,500.00 Time and Materials Charge Reversion to Acreage $1,900.00 Time and Materials Charge Condo/Conversion tentative map $7,000.00 Plus $100 per lot/unit REZONINGS:

Rezoning $6,500.00 Time and Materials Charge
GENERAL & SPECIFIC PLANS:

Preliminary Review ("Merit" Review for Applicant) $2,000.00 Time and Materials Charge Formal General Plan and Specific Plan Submittal $10,000.00 Time and Materials Charge APPEALS:

Applicant appeal $1,500.00 Time and Materials Charge
Neighbor/Non-Applicant Appeal $109.00
PERMIT EXTENSIONS:

Administrative $162.00
Public hearing $1,000.00 Time and materials charge
TREES:

Application to Destroy, Cut Down or Remove Protected Tree $450.00 Per tree; only charged if not part of a project Appeal of Decision to Destroy, Cut Down or Remove Protected Tree $140.00 Per tree Damage to Protected Tree (Penalty) Per OMC
OTHER FEES:

Zoning Verification Letter $274.31
Additional HCP Application Review Fee (for applicable projects) $700.00 Time and Materials Charge Firearm Sales License and Renewals $219.00
Home Occupation Permit $109.00
Short Term Rental Permit $129.00
Vendor Permit and Renewal $129.00
DEVELOPMENT AGREEMENTS:

Preliminary Review ("Merit" Review for Applicant) $500.00 Completion of Review $3,000.00 Time and Materials Charge Construction and Debris Plan Fees (Solid Waste Diversion) $41.00 Residential Density Bonus Review $1,400.00 Time and Materials Charge

754

PUBLIC WORKS SERVICES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT ENCROACHMENT PERMIT REVIEW & INSPECTIONS:

SMALL ENCROACHMENT PERMIT CATEGORY All fees include inspection and current USA fee General Encroachment Permit (Curb, Sidewalk, Driveway) $370.00 Tree Removal $215.00
Debris Box/Storage Container $215.00
Site Access Permit $215.00

LARGE ENCROACHMENT PERMIT CATEGORY
Large Permit <= $10,000 $1,480.00
Large Permit > $10,000 Based on Estimate + Bond (see plan check and inspection rates below)
Time and Materials Charge

OTHER ENCROACHMENT
Utility Company or District Project $445.00 Time and Materials Charge Work Done Without Permits $1,000.00 Plus double inspection and permit fees No Inspection Notification for Permitted Work $1,000.00 Plus inspection fees MISCELLANEOUS ROAD PERMIT APPLICATIONS:

House Move Review $613.00
House Move Inspection $230.00
Extra Legal Load $16.00 $16 set by State; or $100/yr + $100 security deposit Road Closure Permit, Ext / Mod (Major Construction Projects) $3,135.00 TEMPORARY ROAD CLOSURES/CONSTRUCTION/SPECIAL EVENTS:

Not For Profit Applicant $60.00
For Profit Applicant $799.00
SUBDIVISION MONUMENT CHECKING:
1 - 2 Monuments $575.00
3 - 5 Monuments $690.00
6 - 9 Monuments $800.00
10 or more new monuments $915.00 Plus $66 per monument over 10 Error Resolution / Discussion $1,850.00 Time and Materials Charge MAP CHECKING:

Final Map $6,500.00 Time and Materials Charge Plus $60 per lot Parcel Map $3,000.00 Time and Materials Charge Plus $60 per lot Base Map Revision $60.00 Per Lot
Certificate of Correction Review $1,500.00 Time and Materials Charge Amended Map Revision $1,500.00 Time and Materials Charge Plus $60 per lot ROAD VACATIONS:

Map Exists $2,302.00 Time and Materials Charge
No Map Exists $2,302.00 Time and Materials Charge
ROAD MISCELLANEOUS:

Road Name Change-Public Road $1,790.00 Plus $265 for 1 intersection & $64 each additional intersection Address Change/Private Road Name Change $1,790.00
PUBLIC IMPROVEMENT PLAN REVIEW:

Plan Review
$10,000 - 25,000 $500.00 Plus 8% of improvements
$25,001 - $50,000 $6,000.00 Plus 6% of improvements
$50,001 or more $7,500.00 Plus 2% of improvements over $50,000 Landscaping Plan Review (Parks Department) $2,000.00 Plus 2% of improvements Commercial Site Plan Review $7,500.00 Plus 2% of improvements C.3 Compliance Review $4,200.00 Time and Materials Charge Bridges or Major Structures $15,000.00 Plus 6% of improvements

755

PUBLIC WORKS SERVICES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT RELATED REVIEW:

Drainage Review (no improvement plans) $2,400.00 Time and Materials Charge Condition of Approval Compliance Check (no improvement plans) $2,000.00 Time and Materials Charge Certificate of Compliance $2,475.00 Time and Materials Charge Lot line adjustment $3,900.00 Time and Materials Charge PUBLIC IMPROVEMENT INSPECTION:
$10,000 - $50,000 $2,000.00 Time and Materials Charge Plus 6.5% of improvements $50,001 - 100,000 $6,000.00 Time and Materials Charge Plus 6.5% of improvements $100,001 or more $15,000.00 Time and Materials Charge Plus 4.5% of improvements over $100,000 Commercial Site Plan Inspection $6,500.00 Time and Materials Charge Plus 8% of improvements Bridges or Major Structures $14,000.00 Time and Materials Charge Plus 7% of improvements Landscaping (Parks Department) $3,500.00 Time and Materials Charge Plus 8% of improvements FLOODPLAIN MANAGEMENT PROGRAM:

Flood Zone Determination - Office Review $80.00 Per lot, $402 max for adjacent lots Flood Zone Determination - Field Visit Review $432.00 Plus $67/lot, $734 max for adjacent lots Floodplain Management Compliance $48.00 Per Parcel
Floodplain Permit Application $2,000.00 Time and Materials Charge Floodplain Base Map Revision $56.00 Per Lot
Floodplain Map Amendments $2,000.00 Time and Materials Charge GRADING:

Plan review:
$100,000 or less $3,000.00 Time and Materials Charge Plus 3% of improvement value $100,001 or more $4,000.00 Time and Materials Charge Plus 1% of amount over $100,000 Inspection:
$100,000 or less $5,000.00 Plus 5% of improvement value $100,001 or more $6,000.00 Time and Materials Charge Plus 4% of amount over $100,000 Stock Pile Permit $3,000.00 Time and Materials Charge

756

POLICE SERVICES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT Abandoned Vehicle No Charge
ABC Permit Letter $50.00
Accident Report - Property Damage Only $12.00
Accident Report - Injury (1-20/20+ / Extensive) $12.00
Photos to CD $25.00
Booking Fee $564.00
Citation Sign-Off
Vehicle Inspection – Resident No Charge
Vehicle Inspection – Non-resident $38.98
Clearance Letter:

Fee for Resident $15.00
Fee for Non-Resident $42.00
Concealed Weapons Fee:

Initial Fee (Plus State Fingerprinting Processing Fee) $450.00 Plus Current DOJ Fees Renewal Fee (Plus State Fingerprinting Processing Fee) $75.00 Plus Current DOJ Fees Crime Reports $12.00
DUI Emergency Response Cost Recovery Actual cost for staff, equipment, lab work.

False Alarm Response (more than 2 in 30 days) $100.00 After 2 alarms in 30 days Livescan Applicant Fingerprinting $21.00 Plus Current DOJ Fees Gun Storage Services pursuant to Court Order:

Administrative Processing Fee Per Incident $12.00
Storage Fee (per month or any fraction thereof) per Gun $5.00 Parties and Nuisances – Subsequent Calls for Service Hourly Charge; $415 minimum Review of Local Criminal History $44.00
Rotational Tow Application Fees $350.00
Special Event Permit –No ABC Liquor License Letter Required $411.00 Special Event – Non-Profit Organization (with or without ABC letter) $411.00 Second Hand Dealer License/Pawns $165.00 Plus Current DOJ Fees Solicitor/Peddler Permits $245.00
Subpoena Duces Tecum (Per EC 1563) $24 per hour plus $.10 per page Per EC 1563 Production of Documents Only $15.00
Appearance Request (officer/records) $275.00
Vehicle Abatement $492.00
Vehicle Repossession Fee (VIN Verification charge individuals only) $70.00 Stored Vehicle Release – Recovered Stolen Vehicle No Charge Stored Vehicle Release $100

757

OTHER INSPECTION FEES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT Inspections Outside of Normal Business Hours $69.25 Per Hour (Minimum of 2 Hours) RE-Inspection Fees Assessed Under Provisions of Section 305.8 $69.25 Per Hour Inspections for Which no Fee is Specifically Indicated $69.25 Per Hour Additional Plan Review Required by Changes, Additions & Revisions to Plans $78.50 Per Hour For Use Outside Consultants for Plan Checking & Inspections or Both Time and Materials Charge Energy Compliance Fees
25% of the Building Fee Applicable to all Structures with Heaters or any Conditioned Space
Access Compliance Fees
25% of the Building Fee Applicable on all Buildings Except Residential Use Buildings with Fewer Than four (4) Dwelling Units

ADDITIONAL FEE OR DEPOSIT COMMENT
The work listed in this supplement shall be valued based on the gross square footage of the work, or where noted, as a lump sum. Where actual costs are higher, those costs shall be used for the valuation.

Residential Addition $ 94.80 Sq. Ft.

Residential Remodel (to existing floor area) By Value
Residential Use Conversion from Garage By Value
Sun room with 60% glazing, cabanas, other similar structures if conditioned space and Integrated with main Structure $18.65 Sq. Ft.

Patio Cover By Value
Deck $13.56 Sq.Ft.

Deck - With Cover By Value
Retaining Wall By Value
Freestanding Fence By Value
Portable Doughboy Pools or Portable Spa (Electrical Only) $156.16 Includes Applicable City Fees Portable Doughboy Pools or Portable Spa With Gazebo or Decking By Value Remodel or Tenant Improvement Work in Commercial Buildings By Value Re-Roofing-Single Family or Duplex $178.80 Includes Applicable City Fees Commercial Building Re-Roof By Value
Pre Fabricated Home on Permanent Foundation (Use minimum Electrical, Mechanical, and Plumbing Inspection Fees) By Value Moved Building By Value

BUILDING VALUATION DATA SUPPLEMENT

SCHEDULE OF CONSTRUCTION PERMIT FEES
$1.00 to $2,000.00 $69.25

TOTAL VALUATION FEE

BUILDING FEES
$2,001.00 to $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.000 $25,001.00 to $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $100,000.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and UP $5,608.75 for the first $1,000,000.00 plus $3.65 for each additional $1,000.00 or fraction thereof

758

ELECTRICAL INSPECTION FEES ADDITIONAL FEE OR DEPOSIT COMMENT New Dwelling 15% of the Building Permit Fee
Addition or Alteration to Dwelling Unit 20% of the Building Permit Fee, $69.25 minimum New Commercial Building 25% of the Building Permit Fee, $69.25 minimum Shell Building 25% of the Building Permit Fee, $69.25 minimum Commercial Alterations & Tenant Improvements 20% of the Building Permit Fee, $69.25 minimum Electrical Permit $69.25 minimum. See * note.

MECHANICAL INSPECTION FEES ADDITIONAL FEE OR DEPOSIT COMMENT New Dwelling 10% of the Building Permit Fee
Addition or Alteration to Dwelling Unit 15% of the Building Permit Fee, $69.25 minimum New Commercial Building 15% of the Building Permit Fee, $69.25 minimum Shell Building 15% of the Building Permit Fee, $69.25 minimum Commercial Alterations & Tenant Improvements 10% of the Building Permit Fee, $69.25 minimum Mechanical Permit $69 25 minimum. See * note below

PLUMBING INSPECTION FEES ADDITIONAL FEE OR DEPOSIT COMMENT New Dwelling 15% of the Building Permit Fee
Addition or Alteration to Dwelling Unit 20% of the Building Permit Fee, $69.25 minimum New Commercial Building 20% of the Building Permit Fee, $69.25 minimum Shell Building 20% of the Building Permit Fee, $69.25 minimum Commercial Alterations & Tenant Improvements 15% of the Building Permit Fee, $69.25 minimum Plumbing Permit $69 25 minimum. See * note below

MISCELLANEOUS FEES FIXED FEE ADDITIONAL FEE OR DEPOSIT COMMENT Re inspections (When return trips to the site by an inspector are necessary) $69.25 Per Hour Owner-requested inspection of an existing building $69.25/$207.75 Per Hour with a 1 Hour Minimum. If Overtime is required the rate shall be $207.75 per hour with a 1 Hour Minimum
Inspection for Change of Occupancy $80.00 Per Hour with a 1 Hour Minimum Investigation of work without permit. When a Stop Work Notice is issued for work being performed without permits or performed beyond the scope of existing permits, a special investigation and inspection shall be made before permits may be issued for such work.

An investigation fee shall be charged equal to two times the amount of all permits fees required by this ordinance, with a minimum of $125.00. The fee is additive to the permit fees. This provision shall not apply to emergency work when it can be proven to the satisfaction of Building Official that such work was urgently necessary, that it was not practical to obtain a permit before the work was commenced, and that a permit was applied for as soon as practical.
*An electrical permit is required for all electrical work regulated by the Electrical Code. Fees for work not included in items 1-5 above shall be calculated using Building Fees and based on the contract amount of the electrical work. Where such electrical work is performed in conjunction with a building permit, the fee may be added to that permit, and a separate electrical permit is required. *A mechanical permit is required for all mechanical work regulated by the Mechanical Code. Fees for work not included in Items 1-5 above shall be calculated using Building Fees and based on the contract amount of the mechanical work. Where such mechanical work is performed in conjunction a building permit, the fee may be added to that permit, and a separate mechanical permit is not required. * A plumbing permit is required for all plumbing work regulated by the Plumbing Code. Fees for work not included in Items 1-5 above shall be calculated using Building Fees and based on the contract amount of the plumbing work. Where such plumbing work is performed in conjunction a building permit, the fee may be added to that permit, and a separate plumbing permit is not required.

759

PERMIT PROCESSING AND ISSUANCE PROGRAM FIXED FEE ADDITIONAL FEE OR DEPOSIT COMMENT Plan Review-Applicable when plans are required beyond a plot or site plan. 65% of Building Permit Fee Permit Review and Processing
Applicable when review for compliance can be determined through a plot or site plan, or references to a master plan previously reviewed and approved by the department.
25% of Building Permit Fee. (Subsequent houses also). $78.50 per hour minimum.

Additional Processing
Applicable when additional plan review is required due to: 1) incomplete or unacceptable follow-through by applicant on deficiencies found in the initial plan review; 2) significant revisions submitted after plan review is well underway; or 3) revisions submitted during construction to reflect field changes. $78.50 Per Hour Plan Scanning:
8 1/2 x 11 $0.13 Per Sheet
11 x 17 to 12 x 18 $0.25 Per Sheet
17 x 22 to 18 x 24 $0.81 Per Sheet
24 x 34 to 24 x 36 $1.62 Per Sheet
36 x 44 to 36 x 48 $2.97 Per Sheet
Large Format Scanning $0.27 Per Square Foot

CONSTRUCTION INSPECTION PROGRAM ADDITIONAL FEE OR DEPOSIT COMMENT Building Permit The Building Permit fee shall be as set forth in the Fee Schedule (Table No. 1-A) Energy Compliance
25% of Building Permit or processing fees. Applicable on all structures with heated or air conditioned space.

Accessibility
25% of Building Permit or processing fees. Applicable on all building permits except residential use buildings with fewer than 4 dwelling units.

State of California Earthquake Assessment Fee
Residential: .10 per each $1,000 building Valuation
Commercial: .21 per each $1,000 building Valuation
ADMINISTRATION AND OVERHEAD COSTS; ACTUAL COSTS
Actual costs include the City's administrative and overhead costs.

Section 2: VALUATION
The valuation to be used in computing Construction Permit Fees shall be the total valuation of all construction work for which the permit is issued, as well as all finish work, painting, roofing, mechanical, electrical, plumbing, beating, air conditioning, elevators, fire extinguishing systems, and any other permanently installed equipment.

For industrial facilities, the value of process equipment and heavy machinery supported by the structure or by its own foundation shall be included. Contractor overhead and profit shall be included.

The valuation of grading, retaining walls, paving and other site work, and any demolition work, shall be included unless such work was included in other permits issued by the Building Inspection Department.

The valuation data is used to establish consistent criteria for calculating permit fees, and the calculated total valuation does not necessarily reflect actual costs. The County Assessor does not rely on these costs, but performs independent assessments of the permitted work.

City of Oakley administrative and overhead costs are equal to 27% of all Construction Permit Fees. The City's administrative and overhead costs shall be included in the total amount charged for all Building Inspection Department services in a manner prescribed by the Building Inspection Department.

The determination of value or valuation under any provisions of the City Building Code shall be made by the Building Official. The total valuation to be used with the Fee Schedule shall be determined using the Building Valuation Data contained in the Building Standards magazine, published by the International Conference of Building Officials, Whittier, California. The data in the March-April issue of each year shall be used for the ensuing fiscal year. Work not listed in the Building Valuation Data shall be valued per the Building Valuation Data Supplement.

760

CODE ENFORCEMENT FIXED FEE ADDITIONAL FEE OR DEPOSIT COMMENT Annual Rental Registration & Inspection fee $108.00
Fee for property not inhabited by tenants or vacant and not listed for rent on January 1st of each calendar year will be prorated on a monthly basis Re-Inspection Fee $112.00
Non Compliance for Failure to Register & Pay Fee/Code Enforcement Violations:

First Citation $100.00
Second Citation $200.00
Third Citation $500.00
Administrative Penalty Citation for Building and Safety Codes First Citation $130.00
Second Violation of the Same Ordinance Within One Year $700.00 Each Additional Violation of the Same Year Within One Year of First $1,300.00 Rental Property Owners failing to register and pay the annual fee by January 31st of the calendar year or within 30 days of renting the property will be issued an Administrative Citation.

Administrative Citations are in addition to the Rental Registration and Inspection Fee and any other citations issued for Building and/or Code Enforcement violations.

761
User Groups:

Group 1: Oakley Resident, Oakley Based Businesses and Oakley Based Non Profits Group 2: Non-Resident and Non-Oakley Based Non Profits
Group 3: Community Partner
Group 4: Private Business, Group or Organizations
FACILITIES GROUP 1 GROUP 2 GROUP 3 GROUP 4
Sports Area $7.00 per hour $17.00 per hour As Outlined in Individual Agreement $40.00 per hour Creekside and Nunn Wilson Park Group Picnic Areas (up to 100 people) $100.00 per day $125.00 per day As Outlined in Individual Agreement $200.00 per day Crockett and Summer Lake Park Group Picnic Areas (under 50 people) $75.00 per day $100.00 per day As Outlined in Individual Agreement $150.00 per day FACILITIES GROUP 1 GROUP 2 GROUP 3 GROUP 4
Oakley Recreation Building Studio 1 Only available for parties with 50 or less people Monday -Thursday
$55.00 per day $75.00 per day As Outlined in Individual Agreement $100.00 per day Recreation Center Great Room Add on Kitchen to full room rental or side A for $100
M-Th $150.00 per day
F-Su $225.00 per day
M-TH $175.00 per day
F-Su $250.00 per day
As Outlined in Individual Agreement
M-TH $225.00 per day
F-Su $300.00 per day
Recreation Center Side A or Side B Add on Kitchen to full room rental or side A for $100
M-Th $75.00 per day
M-TH $100.00 per day
F-Su $135.00 per day
As Outlined in Individual Agreement
M-TH $125.00 per day
F-Su $150.00 per day
Temporary Use Permit $100 application fee + $500 deposit Special Event/Road Closure Permit (if required) $50 application fee* Park Rental Fee $250 per day
*Additional fees may apply based on the nature of your event Kitchen Available Monday - Friday for $50 per hour
Recreation Center Deposit $250, insurance required on all rentals. *Large events and events serving alcohol will require $500 deposit and security

CIVIC CENTER PARK STAGE & AMPITHEATER

PICNIC AREA AND SPORTS FIELDS

PARKS & RECREATION
A $150 damage deposit is due at the time of application to reserve any park or sports area.

RECREATION CENTER FEES

762

RESIDENTIAL CUSTOMERS MONTHLY FEE
32 Gallon Trash Service $49.6464 Gallon Trash Service $69.4296 Gallon Trash Service $78.7632 Gallon Senior-Low Income Trash Service $42.14Additional Recycling Container $15.59Additional Green Waste Container $15.59

RESIDENTIAL CUSTOMERS FEE COMMERCIAL CUSTOMERS FEE
Account reinstatement Fee $20.00 Account reinstatement Fee $75.00 Go-Back Service Fee $35.00 Go-Back Service Fee $35.00Same Day Service Fee $55.00 Same Day Service Fee Admin Fee (Payment w/live Rep) $2.00 Cart Service (per cart) $40.00 Overloaded/Contaminated Container Bin Service (per bin) $115.00 1) First offense - Phone call - Admin Fee (Payment w/live Rep) $2.00 2) Second offense - Phone call and warning letter - Overloaded/Contaminated Container3) Third offense - Letter and fee $50.00 1) First offense - Phone call - 2) Second offense - Phone call and warning letter -3) Third offense - Letter and fee - a) Cart Fee $75.00
b) Bin Fee $150.00
MT. DIABLO RESOURCE RECOVERY /SANITATION AND REFUSE FEES

MISCELLANEOUS FEES AND CHARGES

763

STAFF REPORT

City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: July 11, 2023
TO: Joshua McMurray, City Manager
FROM: Paul Beard, Chief of Police
SUBJECT: Annual Report of Military Equipment Usage- 2022 Background and Analysis
On January 1, 2022, AB 481, which governs the funding, acquisition, and use of military equipment by law enforcement agencies in the state of California, became effective. AB 481 specifically requires all law enforcement agencies in California to obtain the approval of their respective governing bodies before funding, acquiring, or using equipment now defined under AB 481 as “military equipment.” The Oakley Police Department adheres to AB 481 via Oakley Police Policy 707.

AB481 requires, on an annual basis, the police department to seek and obtain City Council approval for future acquisition and funding of new military equipment and provide City Council and the public, a report outlining how the military equipment was used, to ensure the police department is adhering to our policy and the city ordinance.

An annual report has been prepared to share with the City Council, and the general public.

The annual report summarizes the military equipment used by the Oakley Police Department, the inventory of military equipment owned by the Oakley Police Department, purchases of military equipment by the Oakley Police Department and training events using military equipment. The annual report also reports any community concerns regarding military equipment, any critical incidents where military equipment was used and any projected purchases of military equipment.

Within 30 days of submitting and publicly releasing the annual military equipment report, the law enforcement agency must hold “at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report” and the funding/use of equipment. This community engagement meeting is scheduled for July 11, 2023 at the City of Oakley City Hall Council Chambers, 3231 Main Street, Oakley, Ca. 94561. The meeting will start at 6:30PM.

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

Fiscal Impact
There is no fiscal impact.

Approved and Forwarded to the
City Council
764

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Staff Recommendation
The Oakley City Council should provide comments and input to staff on the 2022 Annual Military Equipment Report.

Attachments

1. Oakley Police Department 2022 Annual Military Equipment Report

2. Oakley Police Department Policies regarding Military Equipment 765

OAKLEY POLICE

DEPARTMENT
2022 ANNUAL

MILITARY

EQUIPMENT
REPORT

CHIEF PAUL BEARD

766
1 TABLE OF CONTENTS
Introduc? on 2
Defini? ons 3
Summary of Military Equipment 5
Current Inventory of Specialized Firearms and Ammuni?on 7 (rifles, 40mm launchers, related ammuni? on)
Unmanned Aerial Vehicles 9
2022 Military Equipment Purchase & Training Use 11
Community Concerns and Complaints 12
Internal Military Equipment Inventory & Audit 13
Projected Military Equipment Acquisi? on (2023) 14
An?cipated “re?rement” of Military Equipment 16
Conclusion 16
767
2 INTRODUCTION
On September 30, 2021, the Governor of the State of California approved Assembly Bill 481 (codified as Chapter 12.8 of the California Government Code) requiring law enforcement agencies such as the Oakley Police Department to have a military use policy approved by the City Council prior to reques?ng, seeking funding, acquiring, or using military equipment. Assembly Bill 481 allows the governing body to approve the policy within its jurisdic?on only if it determines that the military equipment meets Specified standards.

On August 9, 2022, the City of Oakley City Council approved Ordinance 10-22, which approved Oakley Police Department Policy #707: Military Equipment.

As required by Assembly Bill 481 and the Ordinance, annually the Oakley Police Department must prepare a report on the use of each type of military equipment approved in the Policy over the last year. Subsequently, the City Council must then review the Ordinance, Policy, and Annual Report, and determine whether the Department’s use of military equipment in the past year complied with the Policy, and whether to con?nue the Ordinance and Policy, take ac?on (by ordinance) to modify the Policy or repeal the Ordinance.

As set forth in the Policy, the Oakley Police Department retains and employs limited military equipment to safeguard its community. Oakley Police Officers, cer?fied instruc?onal staff, and specialized units receive training throughout the year on the use of military equipment approved under the Policy.

This Annual Report outlines the Oakley Police Department’s military equipment inventory and usage, community complaints over use of military equipment, and internal audits from January 1, 2022 through December 31, 2022. The Oakley Police Department will submit its Military Equipment Annual Report to City Council a? er December 31st of every year in compliance with AB 481. 768
3 DEFINITIONS
Defini?ons of Military Equipment established by California Government Code §7070 (the Oakley Police Department u?lizes a limited number of the resources listed, and underlined below):

Military equipment includes but is not limited to the following types of equipment:
 Unmanned, remotely piloted, powered aerial or ground vehicles  Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers
 High mobility mul?purpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus a? ached
 Tracked armored vehicles that provide ballis?c protec?on to their occupants  Command and control vehicles that are either built or modified to facilitate the opera?onal control and direc?on of public safety units
 Weaponized aircra? , vessels, or vehicles or any kind  Ba? ering rams, slugs, and breaching apparatuses that are explosive in nature.

This does not include a handheld, one-person ram
 Firearms and ammuni?on of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammuni?on
 Specialized firearms and ammuni?on of less than .50 caliber, including firearms and accessories iden?fied as assault weapons in Penal Code §30510 and Penal Code §30515, with the excep? on of standard-issue firearms  Any firearm or firearm accessory that is designed to launch explosive projec?les  Noise-flash diversionary devices and explosive breaching tools 769
4  Muni?ons containing tear gas or OC, excluding standard, service-issued handheld pepper spray
 Taser Shockwave, microwave weapons, water cannons, and long-range acous?c devices (LRADs)
 Kine? c energy weapons and muni? ons (e.g. 40MM launcher, bean bag shotgun, foam ? pped projec? les)
 Any other equipment as determined by a governing body or a state agency to require addi?onal oversight.
770
5 SUMMARY OF OAKLEY POLICE MILITARY

EQUIPMENT
Overview:

In regards to the usage of military equipment, as defined by the California Penal Code, the Oakley Police Department currently only uses rifles, 40mm launchers, unmanned aerial vehicles (UAV’s) and the support equipment associated with each one of these items.

Specialized Firearms and Ammuni? on
Authorized Use:

Only members that are POST cer?fied are authorized to use a rifle or 40mm launcher.

Purpose:

Rifles are to be used to address threats with more precision and/or greater distances than a handgun. The rifles have a great degree of accuracy over longer distances than handguns. The rifles are used in tac?cal and higher risk situa?ons.

The use of rifles is considered deadly force.
40mm launchers can fire several forms of less lethal muni?ons. The Oakley Police Department only uses the Defense Technologies Exact Impact, kine?c energy round. The Defense Technologies Exact Impact, kine?c energy round is a high speed, lightweight projec?le consis?ng of a plas?c body and a crushable foam nose. It is designed to be used against aggressive and non-compliant people at distances between 5-40 yards.

Training:

Prior to the use of the specialized firearms listed within this sec?on, all officers must be cer?fied by POST instructors in the maintenance and opera?on of such firearms.
771
6 Legal and Procedural Rules:

Use of specialized firearms and ammuni?on is established under Oakley Police policies #300, #303, #306, and #707. It is the policy of this Department to u?lize specialized firearms only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.
772
7 CURRENT INVENTORY OF SPECIALIZED FIREARMS
AND AMMUNITION:

Oakley Police Department inventory of Tac? cal rifles, chambered in .223/5.56x45mm
Our rifles are equipped with flashlights, electronic sigh?ng systems and collapsible stocks. The costs associated with all of this support equipment is factored in below:

RIFLES QUANTITY COST
COLT AR-15 16 $41,664 ($2,604 ea.)
SIG 516 (AR-15 style) 15 $39,060 ($2,604 ea.)
BUSHMASTER AR-15 1 $2,604 ($2,604 ea.)
40mm launchers
Firearms that are capable of firing less lethal 40mm projec?les.

LAUNCHER TYPE QUANTITY COST

LEWIS, MACHINE
& TOOL CO.

Single round
capacity
5 $5,500 ($1,100
ea.)

DEFENSE

TECHNOLOGIES
Mul?ple round
capacity
2 $4,200 ($2,100
ea.)
Ammuni? on

BRAND CALIBER TYPE QUANTITY COST
Winchester 5.56x45mm 55 gr. FMJ 19,000 $8,322
Winchester 5.56x45mm 64 gr. SP 6,000 $4,608
Defense
Technologies
40mm Exact Impact
Kine?c Energy
Muni?on
65 $1,492
773
8 Expected Life Span:

Colt rifles- 15 years
SIG rifles- 15 years
Bushmaster Rifle- 15 years
Lewis, Machine & Tool 40mm launchers- 15+ years
Defense Technology 40mm launchers- 15 + years
Winchester 5.56x45mm 55 grain FMJ ammuni?on- No expira?on Winchester 223 Remington 64 grain SP ammuni?on – No expira?on Defense Technology 40mm Direct Impact Kine?c Muni?on- 5 years Fiscal Impact:

Annual maintenance is approximately $50 for each rifle. 774
9 Unmanned Aerial Vehicles
Descrip? on, quan? ty, capabili?es, and purchase cost:

The Unmanned Aerial Vehicle (UAV) is a ba? ery powered, remote operated flying device capable of live feeding, and recording, video and audio files. Flight ?me of approximately 30-45 minutes per ba? ery, depending on weather and flight condi?ons.

UAV inventory

MAKE MODEL QUANTITY AGE ESTIMATED

LIFESPAN
COST
DJI Mavic 2
Zoom
1 4 Years 5 Years $1,249
DJI Mavic
Enterprise
Dual
1 4 Years 5 Years $2,700
DJI Mavic 3
Thermal
1 <1 Year 5 Years $5,748
DJI Mavic Mini
3 Pro
2 <1 Year 5 Years $1,818
($909 ea.)
Purpose:

To be deployed when its technological advantages view would assist officers or incident commanders with the following situa?ons, which include but are not limited to:
 Major collision inves?ga?ons
 Emergency Life Threatening Situa?ons
 Search for missing persons
 Natural disaster management
 Crime scene photography
 SWAT, tac?cal or other public safety and life preserva?on missions. 775
10  In response to specific requests from local, state or federal fire authori?es for fire response and/or preven?on.

Authorized Use:

Only assigned operators who have completed the required training shall be permi? ed to operate Oakley Police Department’s UAV’s approved missions.

Fiscal Impact:

Annual maintenance cost of approximately $0-$1,500.

Training:

All Department UAV operators are licensed by the Federal Avia?on Administra?on for UAV opera?on. UAV operators train monthly in the use of the UAV’s.

Legal and Procedural Rules:

Use is established under the FAA Regula?on 14 CFR Part 107. 776
11 Equipment Purchase and Training Use
2022 Purchases
Military
Equipment
Quan?ty Cost Date of Purchase
Winchester

5.56x45mm
55 gr. FMJ
ammuni?on
2,000 rounds $876 4/26/2022
Winchester

5.56x45mm 64 gr.

SP ammuni?on
1,000 rounds $768 4/26/2022
2022 Training/ Military Equipment U? lized
Training Military
Equipment
Quan?ty Date
Firearm
qualifica?ons
Patrol rifle 180 rounds February 4, 2022
Drone training Drone NA October 4, 2022
Drone training Drone NA October 11, 2022
Drone training Drone NA October 19, 2022
Firearm 4 hour
training
Patrol rifle 700 November 10,
2022
Firearm 4 hour
training
Patrol rifle 700 November 11,
2022
2022 Cri? cal Incident/ Military Equipment U? lized
Case# Date Equipment Used Reason
Outside assist 1-5-2022 Drone Missing person
22-176 2-23-2022 Drone Missing person
22-176 2-26-2022 Drone Missing person
22-1844 8-26-2022 Rifle, Drone Barricaded assault
suspect
777
12 Community Concerns and Complaints
In some instances, the possession and use of military equipment may cause ques?ons and/or concerns for members of the community. It is vitally important that community members’ ques?ons and/or complaints regarding Oakley Police Department’s possession and use of military equipment are addressed.

The Oakley Police Department is commi? ed to full and fair inves?ga?ons of community complaints. As such, the Department has sound internal procedures for thorough and impar?al inves?ga?ons of community complaints. Resolving complaints in a fair, impar?al, and expedi?ous manner will ensure the consistent high level of integrity and efficiency maintained by the Department.

In June of 2022, the Oakley Police Department published its Military Equipment policy on its website. Community concerns and complaints can be made via the Department’s ?pline- [email protected], in-person at the police department or in the field during police contacts, telephone, emails and social media. 2022 Community Concerns, Complaints & PD Internal Inves? ga? ons Related to Military Equipment Use
Community Concerns Complaints PD Internal
Inves? ga? ons
0 0 0
778
13 Internal Inventory & Audit of Military Equipment
Per Oakley Police Department policy 707.3 (c) the Department’s military equipment coordinator, designated as the Opera?ons Division Commander, is required to complete an internal inventory of all military equipment within the possession of the Department at least once annually. An audit of the inventory and use of military equipment was completed on May 23, 2023 by the Opera?ons Division Commander and staff.

This audit focused on the use of military equipment during cri?cal incidents involving Department personnel. The audit confirmed that Department personnel were found to be in compliance with Policy #707 in the use of military equipment.

The Department has added addi?onal unmanned aerial vehicles since the date of the audit (see Projected Military Equipment Acquisi? on (2023)). All current military equipment inventory was found to be in good shape and working order. 779
14 Projected Military Equipment Acquisi? on (2023)
For 2023 (January- December), the Oakley Police Department projects the purchase of addi?onal Military Equipment to consist of SIG 516 (AR-15 style), or Mil-Spec equivalent semi-automa?c rifles, 5.56x45mm ammuni?on and Defense Technologies 40mm Exact Impact muni?ons.

The Oakley Police Department staffing has grown significantly in 2022/2023. By January 2024 it is expected the Oakley Police Department will have 41 sworn officers from the Chief down to the most junior officer. The purchase of the addi?onal semi-automa?c rifles is necessary in order to make sure every sworn officer has a rifle assigned to him/her.

The semi-automa?c rifles are equipped with electronic red dot sigh?ng systems.

Red dot sigh?ng systems tend to make target acquisi?on easier allowing the individual officers to be more proficient when opera?ng the rifle.

The reason we do not use “pool” rifles (smaller number of rifles used by several officers) is because due to each officer has unique and individual human anatomy.

Pool rifles cannot be relied upon to be correctly sighted/aligned for every officer.

In order to make sure the rifles, and the sigh?ng systems, are properly “fi? ed” to each individual officer we need to assign each officer with his/her own unique rifle.

The es?mated purchase price of new rifles is approximately $23,436.00. I an?cipate we will spend approximately $4,070 on 5.56x45mm ammuni?on and I further an?cipate spending approximately $673 on Defense Technologies 40mm Exact Impact muni?ons.

Our Unmanned Aerial Vehicle fleet was aging and it was suffering from opera?onal damages, it was also lacking technology that allows them to interface with a 3D scanner we purchased last year. It was determined we needed a dras?c upgrade of our Unmanned Aerial Vehicle fleet. On June 6, 2023 we purchased one (1) DJI Mavic 3 thermal drone and two (2) DJI Mini Pro drones.

The opera?ng costs of this equipment, which includes acquisi?on, personnel ?me, training facili?es, transporta?on/storage of equipment, equipment upgrades and 780
15 other ongoing costs is budgeted within the Department’s approved opera?ng budget for FY2022-2023 and FY2023-2024.

An?cipated 2023 Military Equipment Acquisi? ons
Military Equipment Projected Purchase
Quan?ty
Projected Purchase Price
SIG/or Mil-Spec
Equivalent semiautoma?c rifles,
chambered in

5.56x45mm
9 $23,436
Winchester 5.56x45mm
64 gr. SP ammuni?on
5,000 rounds $4,070
Defense Technologies
40mm Exact Impact
Muni?on
25 $673
DJI Mavic 3 Thermal
Drone
1 $5,748
DJI Mavic Mini 3 Pro
Drone
2 $1,818
781
16 An?cipated “re?rement” of Military Equipment
The Oakley Police Department has been deploying several rifles that were assigned to the Oakley Police Department when the City of Oakley contracted police services with the Contra Costa County Office of the Sheriff. Those rifles were brought online between 2004-2009. It will be my intent to replace those rifles during FY2024-2025. Those rifles number approximately six (6).

The Oakley Police Department has been running a DJI Mavic 2 as part of its Unmanned Aerial Vehicle fleet. This drone has been damaged and it is lacking technology that would allow it to interface with our 3D scanner. It is my intent to re?re this Unmanned Aerial Vehicle during 2023.

Conclusion
This Annual Military Equipment Report reaffirms the Oakley Police Department’s commitment to providing transparency and informa?on to our communi?es and elected officials in addi?on to ensuring compliance with California State law. The equipment, resources, and training outlined in this report allow Oakley Police Officers to be? er serve and protect Oakley, enhance the safety of officers and the community and bring cri?cal incidents to a safe resolu?on. 782
Policy
707
Oakley Police Department
Policies
Copyright Lexipol, LLC 2023/06/01, All Rights Reserved.

Published with permission by Oakley Police Department
Military Equipment - 1
Military Equipment
707.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
707.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
783
Oakley Police Department
Policies
Military Equipment
Copyright Lexipol, LLC 2023/06/01, All Rights Reserved.

Published with permission by Oakley Police Department
Military Equipment - 2
707.2 POLICY
It is the policy of the Oakley Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 707.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Oakley Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
707.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department, this list is not meant to imply the Oakley Police Department owns/uses each type of the following equipment, but the Oakley Police Department may take into possession any of the listed types of equipment as certain needs arise and by authority of the Chief of Police:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. 784
Oakley Police Department
Policies
Military Equipment
Copyright Lexipol, LLC 2023/06/01, All Rights Reserved.

Published with permission by Oakley Police Department
Military Equipment - 3
• Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
707.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 707.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 785
Oakley Police Department
Policies
Military Equipment
Copyright Lexipol, LLC 2023/06/01, All Rights Reserved.

Published with permission by Oakley Police Department
Military Equipment - 4
707.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 707.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
786

STAFF REPORT

City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us Approved and Forwarded to
the City Council
DATE: June 11, 2023
TO: City Council
FROM: Joshua McMurray, City Manager
SUBJECT: Resolution authorizing the City Manager to execute a contract with Urban Field Studio for the Library and O’Hara Residential Projects Design and Economic Feasibility Analysis and appropriating American Rescue Plan Act funds to the project
Background and Analysis
The City has been in the process of exploring the feasibility of a new downtown library.

Baker Tilly has been hired as a consultant to help the City prepare an initial feasibility analysis which was presented to the City Council on January 24, 2023. The City Council directed Staff to focus on an option that would place high density, multi-family housing on the City block bound by O’Hara Avenue to the west, Acme Street to the north, 2nd Street to the east and Ruby Street to the south. The purpose of the housing component is to allow the City to utilize a Public Private Partnership (P3) model, which in this case would allow a developer to provide the City a public facility as part of a private development project. The new library would be located on the Civic Center campus, in the location where the current corp yard sits. This initial analysis was promising, and Staff has been working with Baker Tilly over the last several months to find a consultant team that can refine and validate the initial assumptions in the original analysis.

A Request for Proposals (RFP) was released on April 7, 2023. It generated interest and we held an informational Q&A session on April 27, 2023. It was clear after that information session, that the firms needed more time to address the economic consultant piece of the RFP and we decided to extend the submittal due date from May 12, 2023 to May 31, 2023. We ended up receiving a total of 2 proposals, one from Urban Field Studio and one from DAHLIN.

A team of several Staff members including the City Manager, Assistant City Manager, Community Development Director, Public Works Director/City Engineer and the Economic Development Analyst reviewed both proposals on their merits using the following categories:
 Qualifications
 Work Plan/Schedule
 Budget - Base
 Budget - Options
787

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US After the review, Urban Field Studio came out ahead of the DAHLIN Group, mainly due to the fact that Urban Field Studio is partnering with Economic Planning Systems for the economic component of the analysis and the DAHLIN Group did not include an economic consultant to partner with. The economic piece of the analysis is vitally critical to the overall work product and that aspect missing from one of the proposals was the determining factor.

The Urban Field Studio proposal also has several option tasks. Staff is recommending that we also include optional tasks 2 and 3, which brings the total cost of the project to $60,000. Optional task 2 would allow for a designed presentation to the City Council and optional task 3 will yield a concept design for the library portion of the project. We feel that a concept design for the residential component is premature at this point, and something that will be needed if this additional analysis yields positive results.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community and Economic Development Goal. Specifically, under the Strategic and Thoughtful Growth Objective:

Consider relocating the co-hosted City/ High School Library to a downtown location that can be a unifying location for Seniors, Youth, Veterans, and possible satellite location for County services.

Fiscal Impact
Approval of this resolution will accept the proposal and authorize the City Manager to execute an agreement with Urban Field Studio for a cost not to exceed $60,000. This includes the base proposal and optional tasks 2 and 3 (3 is for the library portion of the project). The funding for this project will be from American Rescue Plan Act funds.

Staff Recommendation
Staff recommends that the City Council adopt the resolution authorizing the City Manager to execute an agreement with Urban Field Studio for the Library and O’Hara Residential Projects Design and Economic Feasibility Analysis and appropriating American Rescue Plan Act funds to the project.

Attachments

1. Draft Resolution

2. RFP dated April 7, 2023

3. DAHLIN Proposal

4. Urban Field Studio Proposal

5. Urban Field Studio Agreement
788
RESOLUTION NO. XX-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY

AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT WITH URBAN FIELD STUDIO FOR THE LIBRARY AND O’HARA RESIDENTIAL PROJECTS

DESIGN AND ECONOMIC FEASIBILITY ANALYSIS AND APPROPRIATING

AMERICAN RESCUE PLAN ACT FUNDS TO THE PROJECT
WHEREAS, the City wishes to hire a consultant team to help further analyze the Library and O’Hara Residential Projects; and
WHEREAS, the City issued an Request for Proposals (RFP) on April 7, 2023; and
WHEREAS, the City received two proposals from Urban Field Studio and DHALIN and after careful review and consideration the proposal from Urban Field Studio was selected by an internal panel of reviewers; and WHEREAS, the project will be funded with American Rescue Plan Act funds and set at a not to exceed amount of $60,000; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oakley authorizes the City Manager to execute an agreement with Urban Field Studio for the Library and O’Hara Residential Projects Design and Economic Feasibility Analysis and appropriating American Rescue Plan Act funds to the project.

PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 11th of July, 2023 by the following vote:

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
_______________________________
Aaron Meadows, Mayor Date
ATTEST:
__________________________ _
Libby Vreonis, City Clerk Date
789

CITY OF OAKLEY

REQUEST FOR PROPOSALS

FOR THE
LIBRARY AND O’HARA RESIDENTIAL PROJECTS

DESIGN AND ECONOMIC FEASIBILITY STUDY
Date of Publication: April 7, 2023
PRE-PROPOSAL QUESTIONS DUE: Friday April 21, 2023, BY 5:00PM PST VIRTUAL PRE-PROPOSAL MEETING (NON-MANDATORY):

Thursday April 27, 2023 @ 3pm
PROPOSALS DUE: Friday May 12, 2023, BY 5:00PM PST
Electronically Submitted to the City Manager
Attention: Joshua McMurray
Oakley City Hall
3231 Main Street
Oakley, CA 94561
[email protected]
and
Electronically Submitted to Patrick O’Keeffe
Special Advisor, Baker Tilly
925-997-7753
[email protected]
Final 4-7-23
790

TABLE OF CONTENTS
A. Invitation ................................................................................................................. 3 B. Project Background and Description………………………………………………………………….. 3 C. Tentative Timeline……………………………………………………………………………………………….6 D. Proposal Content..................................................................................................... 6 E. Evaluation of Proposals ........................................................................................... 9 F. Approval Process ..................................................................................................... 9 G. Contract and Other Required Documents ..............................................................9 H. Disclaimers and Reserved Rights...........................................................................10 I. Contact Person ...................................................................................................... 10 J. Deadline for Submission of Proposals................................................................... 10 K. Confidentiality of Documents ............................................................................... 11 Figure 1 – O’Hara Block Parcel Map………………………………………………………………………………4 Figure 2 – City Hall Site Aerial……………………………………………………………………………………….5 Figure 3 - Downtown Specific Plan Sub Area Map…………………………………………………………15 Figure 4 - Downtown Development Concept Plan………………………………………………………..15 Attachment A – Background Information and Scope of Services………………………………….12 Attachment B – Baker Tilly Initial Feasibility Analysis……………………………………………………18 Attachment C - Sample Consultant Services Agreement……………………………………………….18 Attachment D – The Press News Article -Project Background.................................... ……30 791
Library Residential RFP

A. INVITATION
The City is seeking proposals from a team of qualified design and economic consulting firms to prepare a Feasibility Study (“Study”) for the design, financing and construction of a new City library, senior center and veterans hall ("Community Center”) on a parcel next to City Hall, in combination with the disposal of a separate City-owned downtown property for the development of a mixed-income residential project. The private residential development would contribute all or a portion of the cost of constructing the public Community Center through the sale of the downtown property (O’Hara block).

The consulting team selected for this project will be asked to address the following elements as part of the Study:

1. Community Center concept space plan.

2. O’Hara block residential concept plan.

3. Financial analysis of the residual land value of the O’Hara block for sale.

4. Financing plan for the Community Center.

5. Identification of local, State and Federal grant/loan funding sources for the public facilities

6. Analysis of whether one development entity should construct both the public and private buildings or separate development entities.

7. Key stakeholders and public input approach, including City and County commissions and the City Council/Board of Supervisors.

8. Draft elements for Notice of Availability/RFP for disposition of the O’Hara block though the Surplus Land Act process.

9. List of potential developer/construction recipients of RFP solicitations for development of the public and private projects
The City has budgeted $50,000 to complete the scope of services required by this Request for Proposals (RFP). A contract will be awarded to the consulting team whose proposal provides the best overall value for the required services within the allotted funding amount. The Plan is scheduled for completion by September 30, 2023.

B. GENERAL PROJECT BACKGROUND AND DESCRIPTION
Public Facilities
The City’s current library occupies 3,000 square feet of Liberty Union High School. The facility is too small for a community the size of Oakley and expansion at the existing site is not feasible. The City placed a measure before the voters (Measure K) in 2016 to provide funding for a new library on an underutilized parcel next to City Hall. Unfortunately, this measure did not receive the two thirds support required. The City then looked to other means to develop a library that did not require tax measures for financing. This led to the idea of selling a City-owned parcel in a downtown block (O’Hara block – see Figure 1) to a developer to construct both the Community Center and a mixed-income residential project as a single development in a public private partnership model. 792
Library Residential RFP

One of the parcels in the O’Hara block is the site of a 2,500 square foot older building that houses the City’s senior center (Parcel 02). Utilization of this parcel would require demolition of the existing building and recreating the senior center space. In addition, there is a desire for a veteran’s hall space for which there are no current facilities. These three public uses combined are termed the “Community Center” space for ease of description. The other half of the block (Parcel 03) is currently owned by Contra Costa County (“County”) and will be conveyed to the City to allow consolidation of the entire block. The County’s existing building will be demolished. Additional detailed background information about the site is available in Attachment A – Background Information and Scope of Services.

Figure 1 – O’Hara Block and Parcels
Private Facilities
The concept for the private residential portion of the project is the development of a mixed-income multi-family rental building with 25% of the units as affordable per the Surplus Land Act (SLA) law and the remaining at market rate. The development parameters are described in Attachment A. The development would occur on the O’Hara block, to be sold through the SLA disposition process, and the land sale proceeds would be maximized through density increases to fund a portion of the Community Center cost.

In addition to being located downtown, the block is also near a planned train station platform for the ACE commuter train creating a transit-oriented development (TOD) opportunity.

Initial Analysis
The City has undertaken an initial feasibility analysis of the public and private projects as set forth in the Baker Tilly memorandum dated January 2023 (see Attachment B). The original concept was for the development of a mixed-use project consisting of the Community Center and a mixed-income residential project as a single development on the downtown block on O’Hara Avenue. This envisioned a public private partnership whereby a single developer would construct both the public and private facilities in one 793
Library Residential RFP

building, and the land payment for the private residential project would be used to pay a portion of the costs to construct the public Community Center.

The initial analysis also examined the feasibility of separating the public and private projects into separate projects and constructing the Community Center on the underutilized parcel next to City Hall and allowing the O’Hara block to BE developed more intensely for residential only (see Figure 2 – City Hall Site).

Figure 2 City Hall Site – Parcel 035090076
Existing City Hall parcel outlined in yellow, parcel 037090076 available for Community Center On January 24, 2023, the City Council considered these alternative approaches and opted to pursue the utilization of two sites with the residential project land payment offsetting a portion of the public facilities cost. The Council also expressed willingness to amend existing development standards for the O’Hara block to allow increased density and height. The parameters of this approach are detailed in Attachment A, including links to General Plan and Downtown Specific Plan documents. This RFP is structured to create concept design plans and financial analysis of the two sites with their respective public and private uses.

Subsequent Steps
If the study produced by the consultant team selected through this RFP process determines the concept is feasible, the City would then proceed with a solicitation of developer(s) to construct the public and private facilities. The disposition of the O’Hara block would require using the Surplus Land Act (SLA) sale process. CEQA analysis would 794
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be undertaken after a developer is selected and as part of the project entitlements, and is not required for this study.

Detailed background information and Scope of Services is contained in Attachment A.

C. TENTATIVE TIMELINE
The tentative RFP timeline is provided for the convenience of prospective proposers and is subject to change. Any such change will be stated in an addendum to this RFP. The tentative RFP timeline is as follows:

Action Date Time
Request for Proposals Released Apr. 7, 2023 N/A
Deadline for Proposer Questions Apr. 21, 2023 5:00 PM PST Non-mandatory Pre-proposal Meeting Apr. 27, 2023 3:00 PM, PST Proposals Due May 12, 2023 5:00 PM PST
Staff Evaluate Written Proposals May 15-19, 2023 N/A
Consultant Interviews (if needed) May 24, 2023 TBD
Contract Scope and Fee Negotiation May 26, 2023 N/A
Award of Contract by City Council June 13, 2023 N/A
The pre-proposal meeting will be held via a Zoom video conference. Details regarding the pre-proposal meeting will be provided upon RSVP to Pat OKeeffe:
[email protected]. Attendance is not mandatory; however, prospective proposers are encouraged to attend to learn about the project scope. Answers to proposer questions received by the deadline indicated above will be emailed to all known prospective proposers.

D. PROPOSAL CONTENT
Proposals should be organized in the following sections:

1. Cover Letter - The cover letter shall include the name, address, and telephone number of the principal person the City may contact regarding the proposal. Additionally, the cover letter must include the signature(s) of the company officer(s) empowered to bind the firm, with the title of each (e.g., president, vice president, general partner), and the acknowledgment of the receipt of any addenda, by number, if issued for this Request for Proposals.

2. Firm(s) Description - A description of the proposer’s organization, including names of principals, number of employees, longevity, client base, areas of specialization and expertise, and any other pertinent information that may assist proposal evaluators to form an opinion about the stability and financial strength of the organization. 795
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Project Team and Qualifications – Identify and describe each team member’s experience, qualifications, and role in the Project. It is anticipated that an architectural/design firm and economic firm will be the principal consultants required.

Provide an organization chart of the team members and lead project manager. Include any relevant qualifications of the project manager (individual responsible for day-today management of the project) and prior experience working with the proposed project team. Provide one-page or less resumés of key personnel including their experience with similar projects in the past 10 years.

The key personnel identified shall be dedicated to the project for its entire duration.

The City, at its discretion, may allow substitutions in the event an employee leaves the firm or is otherwise unable to perform job duties. Include a summary of each subconsultant including their qualifications, experience, and technical capabilities necessary to fulfill their respective portion of the Project. Describe how each subconsultant will be managed and utilized.

It is expected that consulting teams will present qualifications and have relevant experience with library and public facilities design, multi-family residential design, private development proforma analysis, and public facilities financing. The depth of such qualifications and experience will be a significant factor in evaluating prospective proposers. It is anticipated that the team will consist of an architectural and economic firm.

Provide at least three references for whom the proposer has performed similar services of similar scope within the past three years. Include the organization name and address, the name and telephone number of a contact person, and a brief description of the services performed by the consultant.

3. Project Understanding - Demonstrate an understanding of the project and familiarity with the project area, requirements, and constraints for the project. Additionally, identify “critical issues” and other elements of concerns to the project.

4. Project Work Plan & Approach - Present a well-developed approach to the Scope of Services, including phasing approaches, methodologies, organization and scheduling of tasks to be performed. Include a statement outlining the anticipated involvement of City staff as outlined in Attachment A – Scope of Services.

5. Project Schedule - Proposers shall include as part of their proposal package a detailed project schedule listing the consultant services identified in the detailed scope of services and the time required to complete each of the specified tasks. This should be in the form of a Gantt chart schedule showing tasks, subtasks, and milestones to perform services with a completion deadline of September 30, 2023. 796
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6. Disclosure(s) – Provide a complete disclosure of any prior or ongoing incidents as to which it is alleged that the Consultant has defaulted or failed to perform, and which has led to a consultant agreement being terminated prior to adequate project completion. Identify the parties involved and the circumstances of the default or termination. Also, describe any civil or criminal litigation or investigation pending which involves the Consultant or in which the Consultant has been judged guilty or liable.

If the business or person submitting this proposal has been debarred, suspended or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any Federal, state or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the Proposer shall fully explain the circumstances relating to the preclusion or proposed preclusion in the proposal. The Proposer shall include a letter with its proposal setting forth the name and address of the governmental entity, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above shall be provided.

If none of these issues are applicable to the Consultant, provide a statement that no disclosures are needed.

7. Contract Acceptance – The Proposer must indicate their willingness to execute the attached sample City Consultant Services Agreement (Attachment C) and must submit any proposed changes to the Agreement along with an explanation of the request as part of their response to this Request for Proposals. The City reserves the sole right to accept, reject or modify any proposed changes to the Agreement.

8. Cost and Budget Proposal – The cost proposal shall be based on a not-to-exceed budget amount of $50,000, with submitting firms evaluated on their demonstrated ability to provide cost effective services and deliverables as required by the Scope of Services in Attachment A. The cost proposal shall include hour and fee breakdowns to deliver the services identified in Attachment A. Line items shall be broken out by task and subtask. Proposers must provide an amount for each item, including optional tasks. Approval of the individual optional task budget is at the City’s discretion. The nine major tasks inn Section A shall be included.

No markups shall be allowed on reimbursable expenses and the maximum markup on each sub-consultant shall be no more than 5%.
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E. EVALUATION OF PROPOSALS
Proposals will be evaluated by a committee of City employees facilitated by Baker Tilly.

Points will be assigned based on the proposer’s qualifications, effectiveness and efficiency in supporting each item being rated.

Criteria Possible Points

1. Firm and team qualifications, including
personnel, experience, and technical ability
for this type of project
40 2. Project understanding and approach, work
plan, and schedule
30 3 Budget 30
Total Possible Points 100
After the City’s evaluation committee reviews all submitted written proposals, the top ranked consultant teams may be invited for presentations and/or interviews. Additional information may be required and will be defined at that time.

Following presentations and/or interviews, the evaluation committee will again rank the consultants, and the most qualified consultant team will be identified, based on the best overall ranking of the committee members. Contract negotiations will then begin with the highest-ranked proposer. If negotiations with the highest-ranked consultant are not successful, in consideration of either the scope or cost, the second-ranked team will be invited to negotiate, and so on.

F. APPROVAL PROCESS
The City Manager will recommend to the Oakley City Council the highest-ranked proposer who successfully negotiated a scope and project cost with the City. The City Council’s acceptance of the proposal will be evidenced by approval of a resolution authorizing the City Manager to execute the consulting agreement with the consultant.

G. CONTRACT AND OTHER REQUIRED DOCUMENTS
Following the City Council approval of the contract, and within ten calendar days, the selected consultant shall submit the following documents to the City:

1. An executed Consultant Services Agreement (a sample agreement is attached to this RFP as Attachment C, and its terms and conditions are incorporated by reference).

2. Evidence of the required insurance coverage.

3. An Oakley business license application and payment.

4. A completed Internal Revenue Service Form W-9.
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Failure of the selected consultant to make a timely submission of the required documents may result in rescission of the acceptance of the proposal by the City and award of contract to another proposer. Once the consultant has submitted the above items, and they are deemed complete, the City Manager will execute the agreement and issue a Notice to Proceed.

H. DISCLAIMERS AND RESERVED RIGHTS
This RFP does not commit the City to award a contract or to pay any costs incurred in the preparation of a proposal in response to this RFP.

The City reserves the right to accept or reject any or all proposals received, to negotiate with qualified proposers or to cancel the RFP at any time.

The City may require proposer to submit additional data or information the City deems necessary to substantiate the costs presented by the proposer. The City may also require proposer to revise one or more elements of its proposal in accordance with contract negotiations.

The City reserves the right to evaluate proposals for a period of ninety days before deciding which proposal, if any, to accept.

I. CONTACT PERSON
The processing of this RFP is being coordinated by a consultant on behalf of the City.

Inquiries relating to this RFP and/or the required services should be directed to:

Patrick O’Keeffe, Special Advisor
Baker Tilly
925-997-7753
[email protected]
All questions related to the RFP process or the project itself shall be addressed directly to the contact listed above. Contact with City employees during the proposal process is prohibited without prior written consent of the contact person listed above, to ensure that all proposers have equal access to background information. Proposers who directly contact City employees risk elimination of their proposals from consideration. Responses to questions from responding firms will be sent to all firms on the consultant list.

Deadline for Consultant’s questions is April 21, 2023, at 5:00 PM PST.

J. DEADLINE FOR SUBMISSION OF PROPOSALS
Proposers shall submit their RFP response via email to the contacts below prior to the time and date set for receiving proposals as stated on the cover page of this RFP or any modifying addenda. Proposers may provide their submittal in PDF format. 799
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Email subject to be phrased “Submission of Proposal for LIBRARY RESIDENTIAL FEASIBILITY STUDY” and emailed to:

1. Joshua McMurray, City Manager
City of Oakley
[email protected]

2. Patrick O’Keeffe, Special Advisor
Baker Tilly
[email protected]
To be considered, RFP responses must be received by the contact persons specified above by 5:00 p.m., May 12, 2023. Late proposals will not be considered. All written work products shall include Microsoft Word and/or PDF files with high-resolution graphics.

K. CONFIDENTIALITY OF DOCUMENTS
All proposals shall be deemed public documents at the time of contract award to the successful proposer. This RFP is intended to be worded in a manner so as not to elicit proprietary information. If proprietary information is submitted as part of the proposal, such information shall be clearly labeled "Proprietary" and accompanied by a request that the information be returned by the City to the Proposer. If proposals contain proprietary information, then proprietary paragraphs and/or other data should be clearly marked as noted above.

The information on the pages of the proposal identified as proprietary will be used only for the evaluation of the proposal, but proposer understands that disclosure may be required under the California Public Records Act or other Federal, State, and local law, as determined by the City.

Note that wholesale use of headers/footers bearing designations such as “confidential”, “proprietary”, or “trade secret” on all or nearly all of a proposal is not acceptable, and may be deemed by the City as a waiver of any exemption claim. Any proposal that includes a blanket statement or limitation which would prohibit or limit public inspection may be considered non-responsive and may be rejected. Budget information is generally not considered proprietary information. The identification of exempt information must be specific. The City assumes no responsibility for disclosure or use of unmarked data for any purposes.

Attachments

1. Attachment A – Background Information and Scope of Services

2. Attachment B - Baker Tilly Initial Analysis (Separate attachment)

3. Attachment C - Standard form of City Contract

4. Attachment D – The Press Article Describing Library Ballot Measure K 800
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ATTACHMENT A

SCOPE OF SERVICES

PREPARATION OF A LIBRARY RESIDENTIAL FEASIBILITY STUDY

PROJECT BACKGROUND AND DESCRIPTION
Historical Context
The City of Oakley is a community of approximately 45,000 residents located within approximately 16 square miles in the eastern portion of Contra Costa County along Highway 4 in the San Francisco Bay Area. Evidence shows that the first residents of Oakley were Indians of the Miwok, Yokut and Ohlone Tribes. James O’Hara was one of the first Anglo settlers in Oakley when he arrived in 1889 purchasing seven hundred acres of government grant land and later reselling most of this land to other settlers. In 1900, the first Santa Fe train stopped in Oakley providing the spur needed for agricultural growth of the area and afforded local farmers a means of transporting their products to market. The Ladies Improvement Club was organized in 1913 with Mary O’Hara serving as the first president. These women were instrumental in the development of Oakley’s first library. For much of its history from the late 1800’s Oakley was an agricultural area including cultivation of Zinfandel grapes. Residential growth began in earnest in the 1990’s as Oakley became an affordable residential suburb of the San Francisco/Oakland/Walnut Creek business centers.

Current Context
The City entity is a California municipality incorporated on July 1, 1999, and operates under a Council‐City Manager form of government. Oakley now has a labor force of 19,900, with an unemployment rate of 3.4 % in October 2022. The new Contra Costa Logistics Center under construction in Oakley will include nearly 2 million square feet of light industrial building space and is expected to bring 2,100 jobs to the community. Amazon occupied the first of five buildings planned for the Logistics Center. The City continues the revitalization of the downtown area with the improvement and widening of Main Street. New commercial development is planned in the Downtown and grant funding has been received by the San Joaquin Joint Powers Authority to install an Amtrak train platform in the Downtown area.

Prior Library Planning and Financing
As described in Attachment D, in 2016 the City placed Measure K on the ballot for voter approval to fund the development of a new Library adjacent to City Hall. Conceptual design work was undertaken by the firm Noll & Tam for the creation of a 20,000 square foot library at an estimated cost of $12 million ($600 per square foot). The space did not include the Senior Center and Veterans Hall uses. Although the measure had over 60% support it did not receive the 2/3rds vote necessary to pass. The effort did however establish some basic parameters for the project including: the need for a larger library facility based on the usage data of the existing 801
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3,000 square foot facility and the growing population; the importance of a library as part of the “intellectual infrastructure” of the community; the approximate 90% resident survey support for a new facility; the types of uses and spaces needed in a new library; and, a practical approach to the cost (“it doesn’t have to be a Lexus”).

County Library Operations
Contra Costa County administers the operations of the existing facility under contract with the City. This is a typical arrangement for Contra Costa County cities whereby the City provides the building space, and the County provides the staffing. This arrangement will continue with a new facility making the County a major stakeholder in the design of the project. In addition, half of the O’Hara block contemplated for the residential project is currently owned by the County and will be transferred to City ownership in 2023 for the purpose of creating a new library, thereby providing a County financial contribution to the capital cost of the new facility.

General Plan and Downtown Specific Plan Standards
General Plan: The General Plan is available on the City’s website in the Planning Department section. (see link at the end of this Attachment A). The designated land uses per the General Plan Land Use Map are as follows:

O’Hara Site: Public and Semi-Public land use designation:
“The Public and Semi-Public Facilities (PS) designation provides for government owned facilities, public and private schools, institutions, civic uses, assembly uses, and public utilities, quasi-public uses such as hospitals and churches and supporting retail and service uses. The designation includes properties owned by public agencies such as libraries, fire stations, public transportation corridors, and schools, as well as privately owned transportation and utility corridors such as railroads, and power transmission lines. In specific locations, such as downtown Oakley, mixed use projects may be determined consistent with this designation.

Public and Semi-Public facilities should be located in a manner that best serves the community’s interests, allows for adequate access by bus, bicycle, or foot to minimize trip generation and provides for access by all residents, where appropriate. 0.25 to .67 FAR (Floor Area Ratio).” This land use designation recognizes current County and City facilities on the block. It may be possible that the residential development could fit within the use description for mixed-use, but the FAR limit will constrain the desired development. A General Plan amendment may be needed to change the land use to be consistent with the surrounding Commercial Downtown land use designation that has a higher FAR.

City Hall Site: Commercial Downtown land use designation:
“The Commercial Downtown (CD) designation provides for the mixture of retail and service commercial, entertainment, office, and/or multiple-family residential uses that are intended to preserve and enhance the historic and pedestrian-scale character of the Downtown. Preferred residential uses include condominiums and townhomes and high-quality second and third floor apartment and condominium uses. Multi-family residential uses are required to be permanent dwellings with each unit having separate restrooms, kitchens, and thermostats. The 802
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designation also provides for public/semi-public uses, parks and urban open spaces, and similar and compatible uses. 0.1 to 1.0 FAR; 40% maximum lot cover; 35-foot maximum building height.” These standards will support the development of a new community center.

Downtown Specific Plan: The Downtown Specific Plan (DSP) is available on the City’s website in the Planning Department section. A link to the DSP is included at the end of this Attachment A.

The development parameters for each of the sites is summarized as follows:

O’Hara Site: The parcel is within the Downtown Support Area which is a subarea of the Downtown Specific Plan (see Figure 3 Downtown Specific Plan Sub Area Map). This is considered a transitional area between the Downtown Core sub area and the lower density residential areas. Mixed use and higher density residential are recommended in some areas.

The residential density limit for this sub area is 24 units per acre with a Conditional Use Permit. The Plan provides that: “Residential density shall be determined on a case-by-case basis as part of the Conditional Use Permit (CUP) process; the distribution shall be as indicated on the Subarea Map.” The density limitation for this area will not support the level of density that will maximize the residential opportunity for market rate and affordable housing, and the proximity of the block to the planned Downtown Transit Center (see Figure 4 Downtown Development Concept Plan). It will be appropriate for the density and possibly the height limitations (currently four floors and/or 50 feet – see Page 69 of DSP) to be amended as part of the entitlement process for development of this block, and the City Council has expressed a willingness to consider these amendments, including increasing the residential density to 160 units per acre per the suggestion in Attachment B Baker Tilly analysis. The DSP residential parking standards for this block are minimum 1 stall per unit (1 or 2 bedroom); another .5 space for each additional bedroom above 2 bedrooms for multifamily projects; or an additional space for 3 bedrooms for any single units. “Reduced parking requirements are recommended to encourage higher density development adjacent to the Downtown Core.” City Hall Site: This parcel is within the Downtown Core subarea which encourages active first floor retail and office uses, vertically mixed-use commercial/residential uses and minimal setback and parking requirements (see Figure 3 Downtown Specific Plan Sub Area Map).

Public uses that encourage a high level of pedestrian activity are also encouraged.

Commercial density is limited to an FAR of 1.0, and building height is limited to four floors or 50 feet. Parking standards are 3/1000 with shared parking allowed: “Shared or “blended” parking standards are recommended to encourage higher density development in the Downtown Core.” Shared parking with the adjacent existing City Hall parking lots may be appropriate if needed.
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Figure 3 – Downtown Specific Plan Subarea Map
Figure 4 Downtown Development Concept Plan
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Stakeholders
The following stakeholders will have an interest in providing input or approving the project, and meetings should be scheduled and budgeted for presentations and discussions with these groups:
 City Council
 City Planning Commission
 City staff including City Manager, Planning, Finance, Public Works, Senior Center  County Board of Supervisors
 County Library Commission
 County staff including County Administrator’s Office, County Librarian, and Veterans Service Office
 Friends of Oakley Library
Surplus Land Act Disposition Process (SLA)
The County will sell its portion of the O’Hara block to the City prior to the City’s disposition of the entire block. This initial consolidating property transfer will not be subject to the SLA process.

The subsequent sale of the block by the City to a private profit or non-profit developer will be subject to the SLA disposition process. The first step will require sending a Notice of Availability (NOA) to a list of potential developers maintained by the State Department of Housing and Community Development. The City may supplement this list with developers provided by the consultant team per Task 9. The SLA also limits the City on the conditions it can place on the development, and the conditions must be reviewed by the State Department of Housing and Community Development (HCD) prior to the initiation of negotiations with a developer. There is then a negotiation period with developers that respond to the solicitation per State mandated time periods. The City intends to supplement the NOA with an RFP that sets forth the development expectations for number of units, development form, and residual land value created per Task 8. The SLA requires that a minimum of 25% of the units be affordable to lower income households of less than 80% of area median income. Rents are limited to the product of 30 percent times 60 percent of the area median income based on household size (See Attachment B – Baker Tilly Initial Analysis for rents for one and two person households).

SCOPE OF SERVICES AND REQUIRED TASKS AND DELIVERABLES
The following provides additional detail for the Scope of Services. All other elements not discussed below (e.g., schedule, budget) are still required.

Feasibility Analysis and Report
The consulting team selected for this project will prepare a feasibility analysis and report with the following elements and deliverables:

1. Community Center Concept Plan- This preliminary plan should explore and include:
 The appropriate size of the center
 Alternatives for varied sizes of the major uses (Library, Senior Center, Veterans Hall)
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 Site plan
 Interior plan
 Concept elevations or architecture alternatives
 Cost estimate including breakdown of cost components
 Phasing program if appropriate

2. Ohara Block Residential Concept Plan- This conceptual plan will guide the residual land use financial analysis as well as form the basis for an SLA solicitation of developers, and should include:
 Density, parking, and height alternatives analysis
 Site plan
 Floor plans
 Sections depicting floor heights
 Mix of affordable and market rate units

3. Financial Analysis/proforma- to establish the residual land value for sale of the O’Hara block including:
 Development costs including soft/hard construction costs and financing  Projected income including market rate and restricted affordable rates  Project value and residual land value
 Alternative financial scenarios based on alternative concept plans

4. Financing Plan for the Community Center - including use of residual land value payment from the O’Hara block, City Capital Improvement Program (CIP) funds, and potential local, State, and federal grants. Include financing phasing program if appropriate.

5. Survey of Local, State and Federal Grant/loan Funding Sources - for the public facilities funding gap.

6. Analysis of Development Entity - to determine if one developer should construct both the public and private buildings, or separate development processes for each building.

Explore advantages and disadvantages of a single private development entity constructing both the public Community Center and the private residential project verses a separate process for the Community Center of the traditional design/bid public process.

7. Key stakeholders and Public Input Approach-scheduling and sequencing of gathering input including City and County commissions and the City Council/Board of Supervisors.

Outline a sequencing of meetings with stakeholders at the appropriate stages of concept development to gain initial background information and test design and cost alternatives as the concept evolves.

8. Elements for Notice of Availability/RFP - for disposition of the O’Hara block though the Surplus Land Act process. This will be based on the preferred concept that yields the appropriate number of units and residual land value to be included as an objective of the developer solicitation process.

9. List of Potential Developer/construction Recipients of RFP – provide list of developers to receive the NOA/RFP solicitations for development of the public and private projects. 806
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Online Reference Documents

1. General Plan

2. Downtown Specific Plan

ATTACHMENT B

BAKER TILLY INITIAL FEASIBILITY ANALYSIS
[See separate Attachment]

ATTACHMENT C

SAMPLE CONSULTANT SERVICES AGREEMENT

CONSULTING SERVICES AGREEMENT BETWEEN THE CITY
OF OAKLEY AND ________ FOR
_____________________________________________
THIS AGREEMENT for consulting services is entered into by and between the City of Oakley, a municipal corporation in the State of California (hereinafter referred to as “City”) and __________ (hereinafter referred to as “Consultant”), collectively sometimes referred to hereinafter as the “Parties”, as of _______________, 2023 (the “Effective Date”).

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work or proposal letter attached hereto and incorporated herein as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on DECEMBER 31, 2023, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. Should this Agreement be amended to include additional tasks as contemplated in Section 1, the term of services shall be extended as mutually agreed upon by City and Consultant.

1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession.
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1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed ___________________________), notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person.

Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
 Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;  The beginning and ending dates of the billing period;  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
 At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;  The Consultant’s signature.

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.
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2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment approved by the City Manager, which shall not exceed the maximum amount allowed by the Oakley Municipal Code.

2.5 Hourly Fees. Fees for work performed by Consultant shall not exceed the amounts shown on the Compensation Schedule attached hereto and incorporated herein as Exhibit A.

2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit A, and expenses not listed in Exhibit A are not chargeable to the City.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8 of this Agreement, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date.

2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement.

City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.

City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below and in Exhibit B against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements 809
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of this section and under forms of insurance satisfactory in all respects to the City, and that such insurance is in effect prior to commencing work under this Agreement. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid.

Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Verification of the required insurance is attached hereto and incorporated herein as Exhibit C.

4.1 Variation. The City may approve a variation in the insurance requirements, upon a determination that the coverage, scope, limit, and form of such insurance is either not commercially available, or that the City’s interests are otherwise sufficiently protected.

4.2 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant’s earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage.

4.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
 Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement.

Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Consultant shall to the fullest extent allowed by law, with respect to all Services performed in connection with this Agreement, defend with counsel acceptable to the City, and indemnify and hold the City and its officials, officers, employees, agents, and volunteers harmless from and against any and all losses that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant (“Claims”).Consultant will bear all loses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly (“Liability”). Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent that such Liability is caused by the sole negligence, active negligence, or willful misconduct of the City or any third party.

With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type of express or implied indemnity against the indemnitees.

However, notwithstanding the foregoing, in accordance with California Civil Code Section 1668, nothing in this Agreement shall be construed to exempt the City from its own fraud, willful injury to the person or property of another, or violation of law. In addition, and notwithstanding the foregoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code section 2783, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. 810
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Section 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

6.2 Consultant, Not Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law.

Consultant’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.

7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or 811
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