EXHIBIT A
CITY OF
OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) Annexation No. 35 – Tax Zone No. 32
PARCEL DESCRIPTION AND OWNER OF LAND WITHIN
ANNEXATION NO. 35 – TAX ZONE NO. 32
Assessor’s Parcel No. Name(s) of Property Owner(s)
033-030-028-6
033-030-032-8
HONEY LANE VENTURES LLC
HONEY LANE VENTURES LLC
254
Exhibit B
EXHIBIT B
CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services)
SUPPLEMENT TO THE RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX – TAX ZONE NO. 32
Special Taxes in the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (the “CFD” or “CFD No. 2015-2”) shall be levied and collected according to the tax liability determined by the Administrator through the application of the appropriate amount or rate for Taxable Property, as described below. All the property in CFD No. 2015-2, unless exempted by law or by the provisions of Section E herein, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 2015-2, unless a separate Rate and Method of Apportionment of Special Tax is adopted for such annexation area.
Property annexed to City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) pursuant to Annexation No. 35 will be annexed to Tax Zone No. 32 per the Supplement to the Rate and Method of Apportionment of Special Tax shown below.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Accessory Unit” means a second residential unit of reduced size (e.g., granny cottage, etc.) that shares a Parcel with a Residential Unit. “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map or other recorded County parcel map.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), Division 2, of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2015-2: the costs of computing the Special Tax and preparing the annual Special Tax collection schedules (whether by the City or any designee thereof or both); the costs of collecting the Special 255
Exhibit B
Taxes; the costs to the City, CFD No. 2015-2, or any designee thereof of complying with disclosure requirements associated with the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries, protests, or appeals regarding the Special Taxes; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2015-2 for any other administrative purposes of CFD No. 2015-2, including attorney’s fees, costs associated with annexations to CFD No. 2015-2, and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means an official of the City, or any designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Tax.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” or “APN” means a unique number assigned to an Assessor’s Parcel by the County Assessor for purposes of identifying a property. “Authorized Services” means the public services authorized to be funded by CFD No. 2015-2 as set forth in the documents adopted by the Council when CFD No. 2015-2 was formed.
“Building Permit” means a building permit issued by the City and having a building structure improvement valuation over $50,000. Building Permits for the construction of ancillary structures such as fences, swimming pools, retaining walls, etc. are excluded.
“CFD” or “CFD No. 2015-2” means the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services). “City” means the City of Oakley.
“City Landscape Maintenance Standards” means the then applicable landscape maintenance standards or then applicable level of service for then applicable landscape maintenance contracts executed by the City that are in effect and relate to similar landscaping improvements.
“City Manager” means the City Manager of the City of Oakley. 256
Exhibit B
“Commercial Unit” means an individual building structure for commercial uses as defined per the County Assessor (e.g., grocery stores, shopping centers, motel, hotel, service stations, and offices).
“Condominium Parcel” means a Parcel designated by the County Assessor as having a condominium, townhome, cluster home and co-op land use. “Council” means the City Council of the City of Oakley, acting as the legislative body for CFD No. 2015-2.
“County” means the County of Contra Costa.
“County Assessor” means the Contra Costa County Assessor. “County Land Use Code” means the land use code assigned to an Assessor’s Parcel as indicated in the records of the County Assessor. “Developed Property” means, in any Fiscal Year, all Parcels of Taxable Property for which a Building Permit was issued by the City for construction of a residential structure or a non-residential structure on or prior to June 30 of the preceding Fiscal Year. In the absence of a Building Permit, any Parcel of Taxable Property shall be classified as “Developed Property” if it has been occupied by a user as determined by the Administrator on or prior to June 30 of the preceding Fiscal Year. “Final Map” or “Parcel Map” means a final map approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410, et seq.) that creates individual lots on which a Building Permit can be issued for construction of Residential Units without further subdivision of the lots. “Fiscal Year” means the period starting on July 1 and ending on the following June 30.
“Industrial” means an individual building structure for industrial uses as defined per the County Assessor (e.g., research and development, mini-warehouse, etc.). “Institutional” means an individual building structure for institutional uses as defined per the County Assessor (e.g., churches, hospitals, assisted living, schools, etc.).
“Land Use Classification” means the current or intended use of a Taxable Parcel as determined by the Taxable Parcel’s County Land Use Code. “Maximum Special Tax” means, for each Special Tax Component, the maximum Special Tax, determined in accordance with Section C herein, which can be levied in any Fiscal Year.
257
Exhibit B
“Mixed Use Parcel” means a Parcel designated by the County Assessor as having a multiple land uses such as residential land uses and commercial land uses, or multi-family land uses and commercial land uses.
“Multi-Family Parcel” means a Parcel designated by the County Assessor as having a multi-family residential land uses which includes duplexes, triplexes, fourplexes and apartments.
“Non-Residential Parcel” means for each Fiscal Year, all Assessor Parcels designated by the County Assessor with a County Land Use Code of Commercial, Industrial, or Institutional. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.
“Non-Residential Parcel – In Compliance” this definition only applies for the purpose of calculating the annual neighborhood parks and landscaping maintenance tax component and means for each Fiscal Year, an Assessor Parcel designated by the County Assessor with a County Land Use Code of Commercial, Industrial, or Institutional for which the Property Owner of the Commercial, Industrial, or Institutional Parcel has notified the City in writing by the preceding February 1st that it will maintain its parcel’s frontage landscaping during the immediate following fiscal year and the City Manager or his/her designee has determined that the Property Owner has maintained its Parcel’s frontage landscaping in previous Fiscal Years to City Landscape Maintenance Standards. In addition, in order for any Commercial, Industrial, or Institutional Parcel within a Tax Zone of CFD No. 2015-2 to be defined as a NonResidential Parcel – In Compliance, all Non-Residential Parcels within the Tax Zone must also be defined as Non-Residential Parcel – In Compliance. “Non-Residential Parcel – Out of Compliance” this definition only applies for the purpose of calculating the annual neighborhood parks and landscaping maintenance tax component and means for each Fiscal Year, an Assessor Parcel designated by the County Assessor with a County Land Use Code of Commercial, Industrial, or Institutional for which the Property Owner of the Non-Residential Parcel has not notified the City in writing by the preceding February 1st that it will maintain its parcel’s frontage landscaping during the immediate following fiscal year or the City Manager or his/her designee has determined that the Property Owner has not maintained its Parcel’s frontage landscaping in previous Fiscal Years to City Landscape Maintenance Standards. In addition, if any Non-Residential Parcel within a Tax Zone of CFD No. 2015-2 is defined as a Non-Residential Parcel – Out of Compliance, then all Non-Residential Parcels within the Tax Zone must also be defined as NonResidential Parcel – Out of Compliance. 258
Exhibit B
“Property Owner” means the Property Owner of record per current County Assessor records unless more current information is available such as recorded deed of sale, etc.
“Proportionately” means, for Developed Property, that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Developed Property.
For Undeveloped Property, “Proportionately” means that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Undeveloped Property. “Public Property” means, for each Fiscal Year: (i) any property within the boundaries of CFD No. 2015-2 that is owned by or irrevocably offered for dedication to the federal government, the State of California, the City or any other public agency; provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act (as such section may be amended or replaced) shall be taxed and classified in accordance with its use; or (ii) any property within the boundaries of CFD No. 2015-2 that is encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
“Residential Unit” means an individual building structure for residential or multi-family residential uses as defined per the County Assessor. An Accessory Unit that shares a Parcel with a Residential Unit shall not be considered a separate Residential Unit for purposes of this RMA.
“RMA” means this Rate and Method of Apportionment of Special Tax. "Single-Family Parcel" means a Parcel designated by the County Assessor as having a single-family residential land use. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.
“Special Tax” means any tax levied within CFD No. 2015-2 to pay the Special Tax Requirement, and includes each Special Tax Component. “Special Tax Component” means one of the following components of the Special Tax: Community Park Maintenance Tax, Streetlighting Maintenance Tax, Neighborhood Parks and Landscape Maintenance Tax, or Stormwater Maintenance Tax.
“Special Tax Requirement” means, for each Special Tax Component, the amount of revenue needed in any Fiscal Year to pay for the following: (i) Authorized Services related to the Special Tax Component; (ii) Administrative Expenses attributable 259
Exhibit B
to the Special Tax Component; and (iii) amounts needed to cover any delinquencies in the payment of the Special Tax Component which occurred in the previous Fiscal Year or, based on delinquency rates in prior years, may be expected to occur in the Fiscal Year in which the Special Tax will be collected. “Taxable Property” or “Taxable Parcels” means all Assessors’ Parcels within the boundaries of CFD No. 2015-2 that are not exempt from the Special Tax pursuant to law or Section E herein.
“Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this RMA. All the property within CFD No. 2015- 2 at the time of CFD Formation is within Tax Zone 1. Additional Tax Zones may be created when property is annexed to CFD No. 2015-2, and a separate Maximum Special Tax shall be identified for property within the new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone established when such Parcels are annexed to CFD No. 2015-2 shall be identified by Assessor’s Parcel Number in the Unanimous Approval Form that is signed by the owner(s) of the Parcels at the time of annexation.
“Unanimous Approval Form” means that form executed by the record owner of fee title to a Parcel or Parcels annexed into CFD No. 2015-2 that constitutes the property owner’s approval and unanimous vote in favor of annexing into CFD No. 2015- 2, the levy of the Special Tax against his/her Parcel or Parcels pursuant to this RMA. “Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property in CFD No. 2015-2 that are not classified as Developed Property.
B. DATA FOR ANNUAL TAX LEVY
Each Fiscal Year, the Administrator shall identify the current Assessor’s Parcel Numbers for all Parcels of Taxable Property within CFD No. 2015-2. The Administrator shall also determine: (i) whether each Assessor’s Parcel of Taxable Property is Developed Property or Undeveloped Property, and (ii) the Special Tax Requirement for each Special Tax Component for the then-current Fiscal Year. Each Special Tax Component shall be levied only to pay for the related Special Tax Requirement.
In any Fiscal Year, if it is determined that (i) a Final Map or Parcel Map for a portion of property in CFD No. 2015-2 was recorded after the last date upon which the County Assessor will incorporate the newly-created Parcels into the then current tax roll, (ii) because of the date the Final Map or Parcel Map was recorded, the County Assessor does not yet recognize the new Parcels that will be created by the Final Map or Parcel Map, and (iii) one or more of the newly-created Parcels would meet the definition of Developed Property, the Administrator shall calculate the Special Tax for the property affected by recordation of the Final Map or Parcel Map by determining the Special Tax that applies separately to each new Parcel that will be created by that Final 260
Exhibit B
Map or Parcel Map, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the Final Map or Parcel Map.
C. MAXIMUM SPECIAL TAXES
1. Developed Property - The Fiscal Year 2023-24 Maximum Special Tax for each Special Tax Component for all Parcels of Developed Property shall be as shown in Table 1 below:
Mixed Use Parcels will have their Maximum Tax calculated each Fiscal Year based upon their combined uses on the Parcel. For example, if a one-acre parcel has commercial on the ground floor and 50 condominiums on the second floor the property owner will be charged the Non-Residential Parcel rate for one acre and the Condominium Parcel Rate for the 50 condominiums.
Special Tax Land Use
Component Classification
Regional Park Maintenance Tax Single-Family Parcel $165.16 per Parcel Regional Park Maintenance Tax Condominium Parcel $123.87 per Parcel Regional Park Maintenance Tax Multi-Family Parcel $82.58 per Unit Regional Park Maintenance Tax Non-Residential Parcel $495.49 per Acre Community Parks Maintenance Tax Single-Family Parcel $364.74 per Parcel Community Parks Maintenance Tax Condominium Parcel $273.55 per Parcel Community Parks Maintenance Tax Multi-Family Parcel $182.37 per Unit Community Parks Maintenance Tax Non-Residential Parcel $1,094.21 per Acre Streetlighting Maintenance Tax Single-Family Parcel $72.01 per Parcel Streetlighting Maintenance Tax Condominium Parcel $54.01 per Parcel Streetlighting Maintenance Tax Multi-Family Parcel $36.01 per Unit Streetlighting Maintenance Tax Non-Residential Parcel $216.04 per Acre Neighborhood Parks & Landscaping Maintenance Tax Single-Family Parcel $182.56 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Condominium Parcel $136.92 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Multi-Family Parcel $91.28 per Unit Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - In Compliance $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - Out of Compliance $1,551.97 per Acre Stormwater/Water Quality Maintenance Tax Single-Family Parcel $27.56 per Parcel Stormwater/Water Quality Maintenance Tax Condominium Parcel $20.67 per Parcel Stormwater/Water Quality Maintenance Tax Multi-Family Parcel $13.78 per Unit Stormwater/Water Quality Maintenance Tax Non-Residential Parcel $234.30 per Acre Table 1: Developed Property
FY 2023-24
Maximum
Tax
261
Exhibit B
2. Undeveloped Property - The Fiscal Year 2023-24 Maximum Special Tax for each Special Tax Component for all Parcels of Undeveloped Property shall be as shown in Table 2 below:
3. Escalation of Maximum Special Tax
On July 1, 2024, and each July 1 thereafter, the Maximum Special Tax for each Special Tax Component for the current Fiscal Year for Developed Property and Undeveloped Property shall be increased from the Maximum Special Tax for the respective Special Tax Component for the previous Fiscal Year by Consumer Price Index – All Urban Consumers (San Francisco-Oakland-San Jose, CA) (from February) with a minimum annual increase of three (3.00%) percent and a maximum annual increase of five (5.00%) percent for any given year.
Special Tax Land Use
Component Classification
Regional Park Maintenance Tax Single-Family Parcel $495.49 per Acre Regional Park Maintenance Tax Condominium Parcel $371.62 per Acre Regional Park Maintenance Tax Multi-Family Parcel $247.75 per Acre Regional Park Maintenance Tax Non-Residential Parcel $247.75 per Acre Community Parks Maintenance Tax Single-Family Parcel $1,094.21 per Acre Community Parks Maintenance Tax Condominium Parcel $820.66 per Acre Community Parks Maintenance Tax Multi-Family Parcel $547.11 per Acre Community Parks Maintenance Tax Non-Residential Parcel $547.11 per Acre Streetlighting Maintenance Tax Single-Family Parcel $216.04 per Acre Streetlighting Maintenance Tax Condominium Parcel $162.02 per Acre Streetlighting Maintenance Tax Multi-Family Parcel $108.02 per Acre Streetlighting Maintenance Tax Non-Residential Parcel $108.02 per Acre Neighborhood Parks & Landscaping Maintenance Tax Single-Family Parcel $1,551.97 per Acre Neighborhood Parks & Landscaping Maintenance Tax Condominium Parcel $1,551.97 per Acre Neighborhood Parks & Landscaping Maintenance Tax Multi-Family Parcel $1,551.97 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - In Compliance $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - Out of Compliance $1,551.97 per Acre Stormwater/Water Quality Maintenance Tax Single-Family Parcel $234.30 per Acre Stormwater/Water Quality Maintenance Tax Condominium Parcel $234.30 per Acre Stormwater/Water Quality Maintenance Tax Multi-Family Parcel $234.30 per Acre Stormwater/Water Quality Maintenance Tax Non-Residential Parcel $234.30 per Acre Tax
Maximum
Table 2: Undeveloped Property
FY 2023-24
262
Exhibit B
D. METHOD OF LEVY AND COLLECTION OF SPECIAL TAXES
Each Fiscal Year, the Administrator shall determine the Special Tax Requirement for each Special Tax Component for that Fiscal Year and levy each Special Tax Component on all Parcels of Taxable Property as follows:
Step 1: Each Special Tax Component shall be levied Proportionately on each Parcel of Developed Property up to 100% of the Maximum Special Tax for each Parcel of Developed Property for such Fiscal Year until the amount levied is equal to the Special Tax Requirement for such Special Tax Component;
Step 2: If additional revenue is needed after Step 1, each Special Tax Component shall be levied Proportionately on each Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for each Parcel of Undeveloped Property for such Fiscal Year until the amount levied, when combined with the amount of the Special Tax Component levied pursuant to Step 1, is equal to the Special Tax Requirement for such Special Tax Component.
The Special Tax for CFD No. 2015-2 shall be collected at the same time and in the same manner as ordinary ad valorem property taxes provided, however, that the City may (under the authority of Government Code Section 53340) collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of CFD No. 2015-2, and the Special Tax shall be subject to foreclosure if delinquent regardless of the manner in which it was collected.
E. EXEMPTIONS
No Special Tax shall be levied on Parcels of Public Property or any privatelyowned Parcels that are non-developable, such as common areas, wetlands, and open space, parks, etc. except as otherwise provided in this RMA and in the Act.
F. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that does not materially affect the rate and method of apportioning Special Taxes. In addition, the interpretation and application of any section of this document shall be left to the City’s discretion. Interpretations may be made by the City through a resolution of the Council for purposes of clarifying any vagueness or ambiguity in this RMA.
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Exhibit B
G. TERM OF THE SPECIAL TAX
The Special Tax shall be levied in perpetuity as necessary to pay the Special Tax Requirement.
H. REPEAL OF THE SPECIAL TAX
CFD No. 2015-2 was established to levy the Special Tax to finance the Authorized Services as a condition of the entitlement to develop the Developed Property in CFD No. 2015-2. If the levy of the Special Tax is repealed by initiative or any other action participated in by the owners of Parcels in CFD No. 2015-2, the City shall cease to levy the Special Tax and shall cease to be obligated to provide the Authorized Services for which the Special Tax was levied.
I. SEVERABILITY
The invalidity or unenforceability of any provisions of this Rate and Method of Apportionment of Special Tax shall not affect the validity or enforceability of any other provision of this Rate and Method of Apportionment of Special Tax, which shall remain in full force and effect.
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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: September 12, 2023
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Annexation No. 9 (Elm Lane Apartments) to the City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services) Background and Analysis
On June 10, 2021, the City Council approved a development plan with certain Conditions of Approval for the proposed project of a 170-unit affordable/workforce housing project. The proposed project consists of seven multi-family housing apartment buildings with associated parking, lighting, and landscaping as shown on the project plans dated April 22, 2021. The Elm Lane Apartments project, located between Elm Lane and Highway 160, is currently comprised of APN 051-210-028.
The Conditions of Approval for the Elm Lane Apartments project require the property owner to mitigate their project’s financial impact on fire protection services, which are currently provided by the Contra Costa County Fire Protection District (“CCCFPD”).
On October 23, 2018, the Oakley City Council formed City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services) (“CFD No. 2018-1”). CFD No. 2018-1 authorizes the annual levy of a special tax on parcels located within CFD No. 2018-1 to mitigate their financial impact on the fire protection services budget. The property owner for the Elm Lane Apartments project has requested that the City assist them with the annexing of their development into CFD No. 2018-1 to satisfy their Conditions of Approval.
Prior to tonight’s City Council meeting, the property owner executed the attached Unanimous Approval Form. This form constitutes unanimous approval and a unanimous vote by the property owner in favor of annexing their property to Tax Zone 3 of CFD No. 2018-1 including the subsequent annual levy of special taxes to mitigate their project’s financial impact on the fire protection services budget.
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Park and Open Space and Finance and Fiscal Responsibility section goals.
Fiscal Impact
There will be no financial impact to the City's General Fund. The applicants have funded all costs associated with the annexation of their project to CFD No. 2018-1.
Approved and
Forwarded to the
City Council
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STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US The FY 2023-24 maximum special tax rate for Tax Zone 3 is $284.57 per multi-family residential unit. Annexation No. 9 (Elm Lane Apartments) is expected to consist of 170 multi-family residential units at build-out. Therefore, successful annexation into CFD No. 2018-1 could provide up to $48,376.90 (FY 2023-24 dollars) in revenue annually when the property is developed. The taxes can be collected on the property tax rolls commencing in FY 2024-25.
Staff Recommendation
The conditions of approval for the Elm Lane Apartments project located between Elm Lane and Highway 160 require the property owner to mitigate their project’s financial impact on the fire protection services budget. Staff recommends that the City Council:
1. Adopt a Resolution Approving the Annexation (Annexation No. 9) of Property Located in the Future Annexation Area of the City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services) Attachments
1. Unanimous Approval of Annexation to a Community Facilities District and Related Matters - City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services); a. Exhibit A: Description of Services.
b. Exhibit B: Cost Estimate; and
c. Exhibit C: Supplement to the Rate and Method of Apportionment of Special Tax – Tax Zone No. 3
2. Resolution Approving the Annexation (Annexation No. 9) of Property Located in the Future Annexation Area of the City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services)
3. Boundary Map – Annexation Map No. 9 to City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services); and
4. Amendment No. 9 to Notice of Special Tax Lien - City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services).
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RESOLUTION NO.
RESOLUTION APPROVING THE ANNEXATION (ANNEXATION NO. 9) OF
PROPERTY LOCATED IN THE FUTURE ANNEXATION AREA OF
CITY OF OAKLEY
Community Facilities District No. 2018-1
(Fire Protection Services)
RESOLVED by the City Council (the “Council”) of the City of Oakley (the “City”), County of Contra Costa, State of California, that:
WHEREAS, this Council has adopted a resolution entitled “Resolution of Formation of Community Facilities District” (the “Resolution of Formation”), ordering the formation of the (i) the “City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services)” (the “CFD”) and (ii) the "City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services) (Future Annexation Area)", authorizing the levy of a special tax on property within the CFD, and preliminarily establishing an appropriations limit for the CFD, all pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”).
WHEREAS, under the Resolution of Formation and a resolution calling special election heretofore adopted by this Council, the propositions of the levy of the special tax and the establishment of the appropriations limit were submitted to the qualified electors of the CFD as required by the Act.
WHEREAS, on October 23, 2018, a special election was held among the landowner voters within the CFD, wherein such propositions were approved by the twothirds vote required by the Act, as confirmed by resolution of this Council.
WHEREAS, on October 31, 2018, a notice of special tax lien (the “Notice of Special Tax Lien”) was recorded with the Contra Costa County Recorder’s office, thereby giving notice that the lien to secure payment of the Special Tax was imposed on the land in the CFD.
WHEREAS, the owner (the “Property Owner”) of Assessor’s Parcel Number 051- 210-028 located within the Future Annexation Area (the “Property”) has agreed to mitigate certain impacts of the proposed development of the Property by paying for certain services financed by the CFD.
WHEREAS, pursuant to the Act, the Property Owner has executed a Unanimous Approval constituting a unanimous approval and unanimous vote by the Property Owner in favor of the annexation of the Property to the CFD and the levy of the Special Tax. 284
2 NOW, THEREFORE, BE IT RESOLVED AND ORDERED, as follows:
1. Recitals. The foregoing recitals are all true and correct.
2. Approval of Annexation. The City Council hereby determines that Assessor’s Parcel Number 051-210-028 is annexed into Tax Zone No. 3 of the CFD.
3. Amendment to Notice of Special Tax Lien. The City Council hereby directs the Clerk of the City Council to record an Amendment to Notice of Special Tax Lien, evidencing that Assessor’s Parcel Number 051-210-028 is added to the CFD.
4. Boundaries Described. The revised boundaries of the CFD including Assessor’s Parcel Number 051-210-028 is described in an amended boundary map, which this City Council hereby directs the City Clerk to record with the Contra Costa County Recorder’s office.
5. General Authority; Ratification of Previous Actions. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to consummate the transactions described herein or to otherwise effectuate the purposes of this resolution. Any actions previously taken by such officers that are consistent with the purposes of this resolution are hereby ratified and confirmed.
6. Effective Date. This Resolution shall take effect upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the September 12, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
_______________________
Aaron Meadows, Mayor
ATTEST:
_______
Libby Vreonis, City Clerk Date
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ANNEXATION MAP No. 9 TO
CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2018-1 (FIRE PROTECTION SERVICES)
CITY OF OAKLEY
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF OAKLEY THIS _______ DAY OF ______________, 2023.
_______________________________
LIBBY VREONIS, CITY CLERK
CITY OF OAKLEY
CONTRA COSTA COUNTY
STATE OF CALIFORNIA
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING ANNEXATION No. 9 TO CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2018-1 (FIRE PROTECTION SERVICES), CITY OF OAKLEY, CONTRA COSTA
COUNTY, STATE OF CALIFORNIA,WAS APPROVED BY THE
CITY COUNCIL OF THE CITY OF OAKLEY, AT A
REGULAR MEETING THEREOF, HELD ON THE _______ DAY OF
_______________, 2023, BY ITS RESOLUTION No. _______________.
FILED THIS _______ DAY OF ________________, 2023, AT THE HOUR OF __________ __.M IN BOOK _______ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE _______, DOCUMENT No. _______________ IN THE OFFICE OF THE COUNTY RECORDER IN CONTRA COSTA COUNTY, STATE OF CALIFORNIA.
_______________________________
LIBBY VREONIS, CITY CLERK
CITY OF OAKLEY
CONTRA COSTA COUNTY
STATE OF CALIFORNIA
SHEET 1 OF 2
THIS ANNEXATION MAP ANNEXES TERRITORY TO CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2018-1 (FIRE PROTECTION
SERVICES), CITY OF OAKLEY, CONTRA COSTA COUNTY, STATE
OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA,
ON THE 25TH DAY OF SEPTEMBER, 2018 IN BOOK 87 OF MAPS
OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICT AT
PAGES 17-18.
NOTE:
_______________________________
COUNTY RECORDER
CONTRA COSTA COUNTY
STATE OF CALIFORNIA
Legend
CFD No. 2018-1 Boundary
Oakley City Limits/CFD No. 2018-1 Future Annexation Area Parcel Lines 0 2,500 5,000
Feet
±
ANNEXATION NO. 9 - TAX ZONE NO. 3
SEE SHEET 2
ASSESSOR PARCELS WITHIN BOUNDARY: FOR PARTICULARS
OF LINES AND DIMENSIONS OF PARCELS, REFERENCE
IS MADE TO THE ASSESSOR PARCEL MAPS OF CONTRA
COSTA COUNTY FOR ASSESSOR PARCEL NUMBER
051-210-028.
286
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SHEET 2 OF 2
Annexation No. 9 - Tax Zone No. 3
(Elm Lane Apartments)
APN
051-210-028
Main Street
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oly
R
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a
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HWY
1 60
Elm Lane
CITY OF OAKLEY
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
0 100 200
Feet
Legend
CFD No. 2018-1 Annexation Area No. 9
City of Oakley Boundary
Parcel Lines
ANNEXATION MAP No. 9 TO
CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2018-1 (FIRE PROTECTION SERVICES)
287
RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:
City Clerk
City of Oakley
City Hall
3231 Main Street
Oakley, California 94561
AMENDMENT NO. 9 TO
NOTICE OF SPECIAL TAX LIEN
CITY OF OAKLEY
Community Facilities District No. 2018-1
(Fire Protection Services)
Annexation No. 9 - Tax Zone No. 3
(Elm Lane Apartments)
Pursuant to the requirements of Section 3117.5 of the Streets and Highways Code of California and the Mello-Roos Community Facilities Act of 1982, as amended, section 53311, et seq., of the California Government Code (the “Act”), the undersigned City Clerk of the City of Oakley (the “City”), County of Contra Costa, State of California, hereby gives notice that a lien to secure payment of a special tax, which the City is authorized to levy, is hereby imposed on the property described herein. The special tax secured by this lien is authorized to be levied for the purpose of paying for certain municipal services set forth in that certain Notice of Special Tax Lien heretofore recorded in the Office of the County Recorder of the County of Contra Costa, State of California on October 31, 2018, as Document No. 20180177468, to which reference is hereby made and the provisions of which are hereby incorporated by this reference.
This Amendment No. 9 to Notice of Special Tax Lien amends the Notice of Special Tax Lien to add to the territory of the City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services) (the “CFD”). The territory included in the existing CFD is set forth in the map of the CFD heretofore recorded as Document No. 2018-0152310 in the Office of the County Recorder of the County of Contra Costa, State of California on September 25, 2018, in Book 87 at Page 17-18 of Maps of Assessment and Community Facilities Districts, to which reference is hereby made. The territory to be added is set forth in that certain “Annexation Map No. 9 to Community Facilities District No. 2018-1 (Fire Protection Services), County of Contra Costa, State of California,” heretofore recorded at _________ on _______________, 2023, in Book _____ at Page _____ of Maps of Assessment and Community Facilities Districts in the office of the County Recorder of the County of Contra Costa, State of California.
The rate, method of apportionment, and manner of collection of the authorized special tax, as supplemented with respect to the annexation of the territory described 288
2 herein to the CFD, is set forth in Exhibit B hereto and hereby made a part hereof. The lien of the special tax is a continuing lien which shall secure the annual levy of the special tax and which shall continue in force and effect until the special tax obligation is permanently satisfied and canceled in accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Government Code Section 53330.5.
Notice is further given that upon the recording of this notice in the office of the county recorder, the obligation to pay the special tax levy shall become a lien upon all nonexempt real property with in the territory to be added to the CFD in accordance with Section 3115.5 of the Streets and Highways Code.
The assessor’s tax parcel(s) numbers of all parcels or any portion thereof which are included in this Amendment No. 9 to Notice of Special Tax Lien, together with the name(s) of the owner(s) thereof, as they appear on the latest secured assessment roll as of the date of recording hereof or as are otherwise known to the City are as set forth in Exhibit A hereto and hereby made a part hereof.
For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Finance Director of the City of Oakley, City Hall, 3231 Main Street, Oakley, California 94561, telephone number (925) 625-7000.
Dated: As of __________, 2023
By:
Libby Vreonis, City Clerk,
City of Oakley
289
Exhibit A
EXHIBIT A
CITY OF
OAKLEY
Community Facilities District No. 2018-1
(Fire Protection Services)
Annexation No. 9 – Tax Zone No. 3
ASSESSOR’S PARCEL NUMBER AND OWNERS OF LAND WITHIN
ANNEXATION NO. 9 – TAX ZONE NO. 3
Assessor’s Parcel No(s). Name(s) of Property Owners
051-210-028 ELM LANE OAKLEY, L.P.
290
Exhibit B
EXHIBIT B
CITY OF OAKLEY
Community Facilities District No. 2018-1
(Fire Protection Services)
SUPPLEMENT TO THE RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX – TAX ZONE NO. 3
Special Taxes in the City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services) (the “CFD” or “CFD No. 2018-1”) shall be levied and collected according to the tax liability determined by the Administrator through the application of the appropriate amount or rate for Taxable Property, as described below. All the property in CFD No. 2018-1, unless exempted by law or by the provisions of Section E herein, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 2018-1, unless a separate Rate and Method of Apportionment of Special Tax is adopted for such annexation area.
Property annexed to City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services) pursuant to Annexation No. 9 will be annexed to Tax Zone No. 3 per the Supplement to the Rate and Method of Apportionment of Special Tax shown below.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Accessory Dwelling Unit” means a secondary Residential Unit of reduced size, as defined in California Government Code Section 65852.2(j)(1) as that may be amended from time to time, that shares a Parcel with the primary Residential Unit on a Single-Family Parcel. An Accessory Dwelling Unit shall be considered an additional Residential Unit for the purposes of calculating the Special Tax. “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map, Parcel Map or functionally equivalent map or instrument recorded in the Office of the County Recorder. In the absence of such map, the Administrator will make the final “Acre” or “Acreage” determination utilizing available spatial and Geographic Information Systems (GIS) data.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), Division 2, of Title 5 of the Government Code of the State of California.
291
Exhibit B
“Administrative Expenses” means the actual or reasonably estimated costs incurred by the City or their designee, acting for and on behalf of the CFD as the Administrator thereof, to compute, determine, levy and collect the Special Taxes, including salaries of City staff and a proportionate amount of the City’s general administrative overhead related thereto, and the fees of consultants and legal counsel providing services related to the administration of the CFD; the costs of collecting installments of the Special Taxes, including charges levied by the County, the costs related to the preparation of required reports; and any other costs required to administer the CFD as determined by the Administrator. Administrative expenses shall also include amounts estimated or advanced by the City, public agency, or the CFD for any other administrative purposes related to the CFD.
“Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes according to this Rate and Method of Apportionment of Special Taxes.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” or “APN” means a unique number assigned to an Assessor’s Parcel by the County Assessor for purposes of identifying a property. “Authorized Services” means the public services authorized to be funded by CFD No. 2018-1 as set forth in the documents adopted by the Council when CFD No. 2018-1 was formed.
“Building Permit” means a building permit having a building structure improvement valuation over $50,000. Building Permits for the construction of ancillary structures such as fences, swimming pools, retaining walls, etc. are excluded. “Building Square Footage” or “Bldg. Sq. Ft.” means the floor area square footage reflected on the original building permit issued for construction of a NonResidential Parcel, plus or minus any square footage subsequently added or eliminated from a building on a Non-Residential Parcel after the issuance of a subsequent building permit for expansion or renovation of such building.
“Capital Reserves” means any amounts that shall be collected, accumulated, and/or held for the CFD in each Fiscal Year to provide for asset replacement, long-term capital projects, or other large anticipated expenditures. “CFD” or “CFD No. 2018-1” means the City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services).
“City” means the City of Oakley.
292
Exhibit B
“City Manager” means the City Manager of the City of Oakley. “Commercial Parcel” means a Parcel designated by the County Assessor as having a commercial land use, which includes but is not limited to, grocery stores, shopping centers, motel, hotel, retail stores, service stations, etc. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code, or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign the appropriate Land Use Classification to the Taxable Parcel described in Section C below. “Condominium Parcel” means a Parcel designated by the County Assessor as having a condominium, townhome, cluster home, or co-op land use. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code, or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign the appropriate Land Use Classification to the Taxable Parcel described in Section C below.
“Council” means the City Council of the City of Oakley, acting as the legislative body for CFD No. 2018-1.
“County” means the County of Contra Costa.
“County Assessor” means the Contra Costa County Assessor. “County Land Use Code” means the land use code assigned to an Assessor’s Parcel as indicated in the records of the County Assessor. “Developed Property” means, in any Fiscal Year, all Parcels of Taxable Property for which a Building Permit was issued by the City for construction of a residential structure or a non-residential structure on or prior to June 30 of the preceding Fiscal Year in which Special Taxes are to be levied. In the absence of a Building Permit, any Parcel of Taxable Property shall be classified as “Developed Property” if it has been occupied by a user as determined by the Administrator on or prior to June 30 of the preceding Fiscal Year.
“Final Map” or “Parcel Map” means a Final Map, Parcel Map, or portion thereof, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.), that creates lots that do not need to be further subdivided prior to issuance of a building permit for a residential or non-residential structure. The term “Final Map” or “Parcel Map” shall not include an Assessor’s Parcel Map or subdivision map or portion thereof, that does not create lots that are in their final configuration, including Assessor’s Parcels that are designated as remainder parcels. “Fiscal Year” means the period starting on July 1 and ending on the following June 30.
293
Exhibit B
“Industrial Parcel” means a Parcel designated by the County Assessor as having an industrial land use, which includes but is not limited to, research and development, warehouses, etc. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code, or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign the appropriate Land Use Classification to the Taxable Parcel described in Section C below.
“Institutional Parcel” means a Parcel designated by the County Assessor as having an institutional land use, which includes but is not limited to, churches, hospitals, schools, etc. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code, or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign the appropriate Land Use Classification to the Taxable Parcel described in Section C below.
“Land Use Classification” means the current or intended use of a Taxable Parcel as determined by the Taxable Parcel’s County Land Use Code. “Maximum Special Tax” means the maximum Special Tax determined in accordance with Section C herein, which can be levied in any Fiscal Year. “Mixed Use Parcel” means a Parcel designated by the County Assessor as having multiple Land Use Classifications such as a residential Land Use Classification and a commercial Land Use Classification, or a residential Land Use Classification and an industrial Land Use Classification.
“Mobile Home Parcel” means a Parcel designated by the County Assessor as having movable or portable dwelling spaces available to be connected to utilities. As it relates to Mobile Home Parcels, Residential Units are the number of mobile home spaces on each Parcel.
“Multi-Family Parcel” means a Parcel designated by the County Assessor as having a multi-family residential land use which includes duplexes, triplexes, fourplexes and apartments. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code, or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign the appropriate Land Use Classification to the Taxable Parcel described in Section C below.
“Non-Residential Parcel” means for each Fiscal Year, all Assessor Parcels designated by the County Assessor with a County Land Use Code of Commercial, Office, Industrial, or Institutional. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.
294
Exhibit B
“Office Parcel” means a Parcel designated by the County Assessor as having an office land use, including medical and dental offices and office condominiums. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code, or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign the appropriate Land Use Classification to the Taxable Parcel described in Section C below.
“Operating Reserves” means any amounts that shall be collected, accumulated, and/or held for the CFD in each Fiscal Year to provide for necessary cash flow for the first six months of each Fiscal Year, working capital to cover operation, maintenance, and service cost overruns or any unexpected expenditures, funds to cover delinquencies in the payment of Special Taxes, and a reasonable buffer to prevent large variations in annual Special Tax levies.
“Property Owner” means the Property Owner of record per current County Assessor records unless more current information is available such as a recorded deed of sale, etc.
“Proportionately” means, for Developed Property, that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Developed Property within each respective Tax Zone.
“Public Property” means, for each Fiscal Year: (i) any property within the boundaries of CFD No. 2018-1 that is owned by or irrevocably offered for dedication to the federal government, the State of California, the City or any other public agency; provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act (as such section may be amended or replaced) shall be taxed and classified in accordance with its use; or (ii) any property within the boundaries of CFD No. 2018-1 that is encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
“RMA” means this Rate and Method of Apportionment of Special Tax. “Residential Unit” means an individual residential dwelling unit such as a Single-Family Parcel, Condominium Parcel, townhome, apartment, co-op, etc. "Single-Family Parcel" means a Parcel designated by the County Assessor as having a single-family residential land use and a Residential Unit, including residential Condominium Parcels. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code, or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign the appropriate Land Use Classification to the Taxable Parcel described in Section C below.
295
Exhibit B
“Special Tax” means the tax levied on Taxable Property within CFD No. 2018- 1 to pay the annual Special Tax Requirement.
“Special Tax Requirement” means, the amount of revenue needed in any Fiscal Year to pay for the following: (i) Authorized Services; (ii) Administrative Expenses; (iii) any amounts needed to establish or replenish Operating Reserves and Capital Reserves; and (iv) amounts needed to cover any delinquencies in the payment of the Special Tax which occurred in the previous Fiscal Year or, based on delinquency rates in prior years, that may be expected to occur in the Fiscal Year in which the Special Tax will be collected.
“Taxable Property” or “Taxable Parcels” means all Assessors’ Parcels within the boundaries of CFD No. 2018-1 that are not exempt from the Special Tax pursuant to law or Section E herein.
“Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this RMA. All property within CFD No. 2018-1 at the time of CFD Formation is within Tax Zone 1. Additional Tax Zones may be created when property is annexed to CFD No. 2018-1, and a separate Maximum Special Tax shall be identified for property within the new Tax Zone at the time of such annexation.
The Assessor’s Parcels included within a new Tax Zone established when such Parcels are annexed to CFD No. 2018-1 shall be identified by Assessor’s Parcel Number in the Unanimous Approval Form that is signed by the owner(s) of the Parcels at the time of annexation.
“Unanimous Approval Form” means that form executed by the record owner of fee title to a Parcel or Parcels annexed into CFD No. 2018-1 that constitutes the Property Owner’s approval and unanimous vote in favor of annexing into CFD No. 2018- 1, and the levy of the Special Tax against his/her Parcel or Parcels pursuant to this RMA.
“Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property in CFD No. 2018-1 that are not classified as Developed Property.
B. DATA FOR ANNUAL TAX LEVY
Each Fiscal Year, the Administrator shall: (i) identify the current Assessor’s Parcel Numbers for all Parcels of Taxable Property within CFD No. 2018-1, (ii) determine the Land Use Classification for each Taxable Parcel, (iii) determine whether each Assessor’s Parcel of Taxable Property is Developed Property or Undeveloped Property, and (iv) determine the Special Tax Requirement for the CFD.
In any Fiscal Year, if it is determined that a Final Map or Parcel Map for a portion of property in CFD No. 2018-1 was recorded after the last date upon which the County Assessor will incorporate the newly-created Parcels into the then current tax roll, and the County Assessor does not yet recognize the new Parcels that will be created by the 296
Exhibit B
Final Map or Parcel Map, and one or more of the newly-created Parcels would meet the definition of Developed Property, the Administrator shall calculate the Special Tax for the property affected by recordation of the Final Map or Parcel Map by determining the Special Tax that applies separately to each new Parcel that will be created by that Final Map or Parcel Map, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the Final Map or Parcel Map.
C. MAXIMUM SPECIAL TAXES
1. Developed Property - The Fiscal Year 2023-24 Maximum Special Tax for all Taxable Parcels of Developed Property within Tax Zone No. 3 shall be as shown below in Table No. 1.
Mixed Use Parcels will have their Maximum Tax calculated each Fiscal Year based upon all the Land Use Classifications identified on the Parcel. For example, if a Parcel has commercial on the ground floor and 50 apartments on the higher floors, the Mixed Use Parcel will be taxed as a NonResidential Parcel using the Building Square Footage of commercial plus 50 Multi-Family Parcel Residential Units in accordance with Table No. 1 above.
If a Single-Family Parcel contains one primary Residential Unit and one or more secondary Accessory Dwelling Units, the Maximum Tax each Fiscal Year shall be calculated as the sum of the Single-Family Parcel Residential Unit plus the additional Accessory Dwelling Unit(s) in accordance with Table No. 1 above.
2. Escalation of Maximum Special Tax
Commencing on July 1, 2024, and each July 1 thereafter, the Maximum Special Tax Rates for Developed Property shown in Table No. 1 above shall be increased by 5% from the Maximum Special Tax in effect for the current fiscal year. Each annual Land Use
Classification
Fiscal Year 2023-24
Maximum Special Tax
Single-Family Parcel $351.25 per Residential Unit
Accessory Dwelling Unit $105.36 per Accessory Dwelling Unit Multi-Family Parcel $284.57 per Residential Unit
Mobile Home Parcel $490.56 per Residential Unit
Commercial Parcel $388.16 per 1,000 Bldg. Sq. Ft.
Office Parcel $597.24 per 1,000 Bldg. Sq. Ft.
Industrial Parcel $269.09 per 1,000 Bldg. Sq. Ft.
Table No. 1 - Developed Property
Residential
Non-Residential
297
Exhibit B
adjustment of the Maximum Special Tax shall become effective on the subsequent July
1. D. METHOD OF LEVY AND COLLECTION OF SPECIAL TAXES
Each Fiscal Year, the Administrator shall determine the Special Tax Requirement for that Fiscal Year and levy all Parcels of Taxable Property therein as follows:
Step 1: Each Parcel of Developed Property shall be levied Proportionately up to 100% of the Maximum Special Tax for such Fiscal Year until the amount levied is equal to the Special Tax Requirement.
The Special Tax for CFD No. 2018-1 shall be collected at the same time and in the same manner as ordinary ad valorem property taxes provided, however, that the City may (under the authority of Government Code Section 53340) collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of CFD No. 2018-1.
E. EXEMPTIONS
No Special Tax shall be levied on Parcels of Public Property or any privatelyowned Parcels that are non-developable, such as common areas, wetlands, and open space, parks, etc. except as otherwise provided in this RMA and in the Act.
F. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that does not materially affect the rate and method of apportioning Special Taxes. In addition, the interpretation and application of any section of this document shall be left to the City’s discretion. Interpretations may be made by the City through a resolution of the Council for purposes of clarifying any vagueness or ambiguity in this RMA.
G. TERM OF THE SPECIAL TAX
The Special Tax shall be levied in perpetuity if Authorized Services are being provided and is necessary to pay the Special Tax Requirement.
H. PREPAYMENT OF SPECIAL TAX
The Maximum Special Tax may not be prepaid and shall continue to be levied in accordance with Section D of this Rate and Method of Apportionment on an annual basis on all Taxable Property in CFD No. 2018-1 for the purpose of funding ongoing Authorized Services.
298
Exhibit B
I. REVIEW/APPEALS OF THE SPECIAL TAX
The Administrator may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any property owner appeals, as herein specified.
Any property owner who believes that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the Administrator regarding such error. If following such consultation, the Administrator determines that an error has occurred; the Administrator in consultation with the City Manager shall take any of the following actions to correct the error:
Amend the Special Tax levy on the property owner's Property Tax Bill for the current Fiscal Year, or
Have the CFD reimburse the property owner for the amount of overpayment for the current Fiscal Year if CFD funds are available, or Grant a credit against, eliminate or reduce the future Special Taxes on the property owner's Assessor's Parcel(s) for overpayment for the current Fiscal Year.
If following such consultation and action (if any by the Administrator), the property owner believes such error still exists, such person may file a written notice with the City Manager appealing the amount of the Special Tax levied on such Assessor's Parcel. If following such consultation and action (if any by the City Manager), the property owner believes such error still exists, such person may file a written notice with the City Council appealing the amount of the Special Tax levied on such Assessor's Parcel. If the City Council determines an error exists; the Administrator shall take any actions as described above, in order to correct the error. The decision of the City Council shall be final and binding to all persons.
J. REPEAL OF THE SPECIAL TAX
If the levy of the Special Tax is repealed by initiative or any other action participated in by the property owners of Assessor's Parcels in CFD No. 2018-1, the City shall cease to levy the Special Tax and shall cease to be obligated to provide the Authorized Services for which the Special Tax was levied. The obligation to provide the Authorized Services previously funded by the repealed Special Tax shall become the joint obligations of the property owners of Assessor's Parcels within CFD No. 2018-1.
K. SEVERABILITY
299
Exhibit B
The invalidity or unenforceability of any provisions of this Rate and Method of Apportionment of Special Tax shall not affect the validity or enforceability of any other provision of this Rate and Method of Apportionment of Special Tax, which shall remain in full force and effect.
300
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: September 12, 2023
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Annexation No. 36 (McDonald’s at Laurel Plaza) to the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services)
Background and Analysis
On April 11, 2023, the City Council adopted a resolution with certain Conditions of Approval approving the Design Review (DR 09-20) and Conditional Use Permit (CUP 03-20) for a McDonald’s project located in the Laurel Plaza shopping center on the northwest corner of Laurel Road and O’Hara Avenue comprised of APN 035-510-006-6. The proposed 1.709- acre project consists of one 4,365 square-foot restaurant building including dine-in and drivethrough service with associated parking, lighting, and landscaping improvements.
The Conditions of Approval for the McDonald’s project require the property owner to mitigate their development project’s financial impact on the City’s parks, streetlighting, landscape and stormwater service budgets. On January 12, 2016, the Oakley City Council formed City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (“CFD No. 2015-2”). CFD No. 2015- 2 authorizes the annual levy of a special tax on parcels located within CFD No. 2015-2 to mitigate their financial impact to the City’s parks, streetlighting, landscape and stormwater service budgets. The property owner for the McDonald’s project has requested that the City assist them with the annexing of their development into CFD No. 2015-2 to satisfy their conditions of approval.
Prior to tonight’s City Council meeting, the property owner for the McDonald’s project executed the attached Unanimous Approval Form. This form constitutes unanimous approval and a unanimous vote by the property owner in favor of annexing their property to CFD No. 2015-2 including the subsequent annual levy of special taxes to mitigate their development project’s financial impact on the City’s parks, streetlighting, landscape and stormwater service budgets.
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Park and Open Space and Finance and Fiscal Responsibility section goals.
Approved and
Forwarded to the
City Council
301
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Fiscal Impact
There will be no financial impact to the City's General Fund. The applicant has funded all costs associated with the annexation of their development project to CFD No. 2015-
2. The FY 2023-24 special tax rates per commercial acre are as follows:
Therefore, successful annexation of the McDonald’s project into CFD 2015-2 could provide up to $6,613.21 (in FY 2023-24 dollars) in revenue annually when all the parcels are developed. The taxes can be collected on the property tax rolls commencing in FY 2024-25.
Staff Recommendation
The Conditions of Approval for the McDonald’s project require the property owner to mitigate their development project’s financial impact on the City’s parks, streetlighting, landscape and stormwater service budgets. Staff recommends that the City Council:
1. Adopt a Resolution Approving the Annexation (Annexation No. 36) of Property Located in the Future Annexation Area of the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services)
Staff recommends that the City Council adopt the Resolution Approving the Annexation (Annexation No. 36) of Property Located in the Future Annexation Area of the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services).
Attachments
1. Unanimous Approval of Annexation to a Community Facilities District and Related Matters - City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services);
a. Exhibit A: Description of Services
FY 2023-24 Maximum Special Tax Rates per Commercial Acre Special Tax Maximum Annual
Component Special Tax Rates
Regional Park Maintenance Tax $495.49
Community Parks Maintenance Tax $1,094.21
Streetlighting Maintenance Tax $216.04
Neighborhood Parks & Landscape Maintenance Tax $1,463.90 Stormwater/Water Quality Maintenance Tax $600.00
Total $3,869.64
302
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 3
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US b. Exhibit B: Cost Estimate; and
c. Exhibit C: Supplement to the Rate and Method of Apportionment of Special Tax – Tax Zone No. 33.
2. Resolution Approving the Annexation (Annexation No. 36) of Property Located in the Future Annexation Area of the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services)
3. Map – Annexation No. 36 to City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services); and
4. Amendment No. 36 to Notice of Special Tax Lien - City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services). 303
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RESOLUTION NO.
RESOLUTION APPROVING THE ANNEXATION (ANNEXATION NO. 36) OF
PROPERTY LOCATED IN THE FUTURE ANNEXATION AREA OF
CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) RESOLVED by the City Council (the “Council”) of the City of Oakley (the “City”), County of Contra Costa, State of California, that:
WHEREAS, this Council has adopted a resolution entitled “Resolution of Formation of Community Facilities District” (the “Resolution of Formation”), ordering the formation of the (i) the “City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services)” (the “CFD”) and (ii) the "City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (Future Annexation Area)," authorizing the levy of a special tax on property within the CFD, and preliminarily establishing an appropriations limit for the CFD, all pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”).
WHEREAS, under the Resolution of Formation and a resolution calling special election heretofore adopted by this Council, the propositions of the levy of the special tax and the establishment of the appropriations limit were submitted to the qualified electors of the CFD as required by the Act.
WHEREAS, on January 12, 2016, a special election was held among the landowner voters within the CFD, wherein such propositions were approved by the twothirds vote required by the Act, as confirmed by resolution of this Council.
WHEREAS, on January 19, 2016, a notice of special tax lien (the “Notice of Special Tax Lien”) was recorded with the Contra Costa County Recorder’s office, thereby giving notice that the lien to secure payment of the Special Tax was imposed on the land in the CFD.
WHEREAS, the owner (the “Property Owner”) of Assessor’s Parcel Number 035- 510-006-6 located within the Future Annexation Area (the “Property”) has agreed to mitigate certain impacts of the proposed development of the Property by paying for certain services financed by the CFD.
WHEREAS, pursuant to the Act, the Property Owner has executed a Unanimous Approval constituting a unanimous approval and unanimous vote by the Property Owner in favor of the annexation of the Property to the CFD and the levy of the Special Tax. 319
2 NOW, THEREFORE, BE IT RESOLVED AND ORDERED, as follows:
1. Recitals. The foregoing recitals are all true and correct.
2. Approval of Annexation. The City Council hereby determines that Assessor’s Parcel Number 035-510-006-6 is annexed into Tax Zone No. 33 of the CFD.
3. Amendment to Notice of Special Tax Lien. The City Council hereby directs the Clerk of the City Council to record an Amendment to Notice of Special Tax Lien, evidencing that Assessor’s Parcel Number 035-510-006-6 is added to the CFD.
4. Boundaries Described. The revised boundaries of the CFD including Assessor’s Parcel Number 035-510-006-6 are described in an amended boundary map, which this City Council hereby directs the City Clerk to record with the Contra Costa County Recorder’s office.
5. General Authority; Ratification of Previous Actions. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to consummate the transactions described herein or to otherwise effectuate the purposes of this resolution. Any actions previously taken by such officers that are consistent with the purposes of this resolution are hereby ratified and confirmed.
6. Effective Date. This Resolution shall take effect upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on September 12, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
Aaron Meadows, Mayor
ATTEST:
Libby Vreonis, City Clerk Date
320
CITY OF OAKLEY
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF OAKLEY THIS _______ DAY OF ______________, 2023.
_______________________________
LIBBY VREONIS, CITY CLERK
CITY OF OAKLEY
CONTRA COSTA COUNTY
STATE OF CALIFORNIA
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING ANNEXATION No. 36 TO CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2015-2 (PARKS, STREETLIGHTS, LANDSCAPE MAINTENANCE AND STORMWATER),
CITY OF OAKLEY, CONTRA COSTA COUNTY, STATE OF CALIFORNIA,
WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF OAKLEY, AT A REGULAR MEETING THEREOF, HELD ON THE _______ DAY OF
_______________, 2023, BY ITS RESOLUTION No. _______________.
FILED THIS _______ DAY OF ________________, 2023, AT THE HOUR OF __________ __.M IN BOOK _______ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE _______, DOCUMENT No. _______________ IN THE OFFICE OF THE COUNTY RECORDER IN CONTRA COSTA COUNTY, STATE OF CALIFORNIA.
_______________________________
LIBBY VREONIS, CITY CLERK
CITY OF OAKLEY
CONTRA COSTA COUNTY
STATE OF CALIFORNIA
SHEET 1 OF 2
THIS ANNEXATION MAP ANNEXES TERRITORY TO CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2015-2 (PARKS,
STREETLIGHTS, LANDSCAPE MAINTENANCE AND STORMWATER),
CITY OF OAKLEY, CONTRA COSTA COUNTY, STATE OF CALIFORNIA,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA
COSTA COUNTY, STATE OF CALIFORNIA, ON THE 9TH DAY OF
NOVEMBER, 2015 IN BOOK 85 OF MAPS OF ASSESSMENT AND
COMMUNITY FACILITIES DISTRICT AT PAGE 20.
NOTE:
_______________________________
COUNTY RECORDER
CONTRA COSTA COUNTY
STATE OF CALIFORNIA
Legend
CFD No. 2015-2 Boundary
Oakley City Limits/CFD No. 2015-2 Future Annexation Area Parcel Lines 0 2,500 5,000
Feet
±
ANNEXATION NO. 36 - TAX ZONE NO. 33
SEE SHEET 2
ANNEXATION MAP No. 36 TO
CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2015-2 (PARKS, STREETLIGHTS, LANDSCAPE MAINTENANCE AND STORMWATER) ASSESSOR PARCELS WITHIN BOUNDARY: FOR PARTICULARS OF
LINES AND DIMENSIONS OF PARCELS, REFERENCE IS MADE TO
ASSESSOR'S PARCEL NO. 035-510-006-6.
321
±
SHEET 2 OF 2
APN
035-510-006-6
Laurel Road
O'H
a
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a
A
v
e
n
u
e
0 100 200
Feet
Legend
CFD No. 2015-2 Annexation Area No. 36
City of Oakley Boundary
Parcel Lines
Annexation No. 36 - Tax Zone No. 33
(McDonald's at Laurel Plaza)
ANNEXATION MAP No. 36 TO
CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2015-2
CITY OF OAKLEY
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
(PARKS, STREETLIGHTS, LANDSCAPE MAINTENANCE AND STORMWATER) 322
RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:
City Clerk
City of Oakley
City Hall
3231 Main Street
Oakley, California 94561
AMENDMENT NO. 36 TO
NOTICE OF SPECIAL TAX LIEN
CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) Annexation No. 36 - Tax Zone No. 33
(McDonald’s at Laurel Plaza)
Pursuant to the requirements of Section 3117.5 of the Streets and Highways Code of California and the Mello-Roos Community Facilities Act of 1982, as amended, section 53311, et seq., of the California Government Code (the “Act”), the undersigned City Clerk of the City of Oakley (the “City”), County of Contra Costa, State of California, hereby gives notice that a lien to secure payment of a special tax, which the City is authorized to levy, is hereby imposed on the property described herein. The special tax secured by this lien is authorized to be levied for the purpose of paying for certain municipal services set forth in that certain Notice of Special Tax Lien heretofore recorded in the Office of the County Recorder of the County of Contra Costa, State of California on January 19, 2016, as Document No. 20160009045, to which reference is hereby made and the provisions of which are hereby incorporated by this reference.
This Amendment No. 36 to Notice of Special Tax Lien amends the Notice of Special Tax Lien to add to the territory of the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (the “CFD”). The territory included in the existing CFD is set forth in the map of the CFD heretofore recorded as Document No. 15-234174 in the Office of the County Recorder of the County of Contra Costa, State of California on November 9, 2015, in Book 85 at Page 20 of Maps of Assessment and Community Facilities Districts, to which reference is hereby made. The territory to be added is set forth in that certain “Annexation Map No. 36 to Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services), County of Contra Costa, State of California,” heretofore recorded at ________ on _______________, 2023, in Book _____ at Page _____ of Maps of Assessment and Community Facilities Districts in the office of the County Recorder of the County of Contra Costa, State of California.
The rate, method of apportionment, and manner of collection of the authorized special tax, as supplemented with respect to the annexation of the territory described herein to the CFD, is set forth in Exhibit B hereto and hereby made a part hereof. The lien of the special tax is a continuing lien which shall secure the annual levy of the special tax and which shall continue in force and effect until the special tax obligation is permanently satisfied and canceled in 323
2 accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Government Code Section 53330.5.
Notice is further given that upon the recording of this notice in the office of the county recorder, the obligation to pay the special tax levy shall become a lien upon all nonexempt real property within the territory to be added to the CFD in accordance with Section 3115.5 of the Streets and Highways Code.
The assessor’s tax parcel(s) numbers of all parcels or any portion thereof which are included in this Amendment No. 36 to Notice of Special Tax Lien, together with the name(s) of the owner(s) thereof, as they appear on the latest secured assessment roll as of the date of recording hereof or as are otherwise known to the City are as set forth in Exhibit A hereto and hereby made a part hereof.
For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Finance Director of the City of Oakley, City Hall, 3231 Main Street, Oakley, California 94561, telephone number (925) 625-7000.
Dated: As of _____________, 2023
By:
Libby Vreonis, City Clerk,
City of Oakley
324
Exhibit A
EXHIBIT A
CITY OF
OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) Annexation No. 36 – Tax Zone No. 33
ASSESSOR’S PARCEL NUMBERS AND OWNERS OF LAND WITHIN
ANNEXATION NO. 36 – TAX ZONE NO. 33
Assessor’s Parcel No(s). Name(s) of Property Owner(s)
035-510-006-6 OHARA PROPERTIES LLC
325
Exhibit B
EXHIBIT B
CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services)
SUPPLEMENT TO THE RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX – TAX ZONE NO. 33
Special Taxes in the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (the “CFD” or “CFD No. 2015-2”) shall be levied and collected according to the tax liability determined by the Administrator through the application of the appropriate amount or rate for Taxable Property, as described below. All the property in CFD No. 2015-2, unless exempted by law or by the provisions of Section E herein, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 2015-2, unless a separate Rate and Method of Apportionment of Special Tax is adopted for such annexation area.
Property annexed to City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) pursuant to Annexation No. 36 will be annexed to Tax Zone No. 33 per the Supplement to the Rate and Method of Apportionment of Special Tax shown below.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Accessory Unit” means a second residential unit of reduced size (e.g., granny cottage, etc.) that shares a Parcel with a Residential Unit. “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map or other recorded County parcel map.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), Division 2, of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2015-2: the costs of computing the Special Tax and preparing the annual Special Tax collection schedules (whether by the City or any designee thereof or both); the costs of collecting the Special 326
Exhibit B
Taxes; the costs to the City, CFD No. 2015-2, or any designee thereof of complying with disclosure requirements associated with the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries, protests, or appeals regarding the Special Taxes; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2015-2 for any other administrative purposes of CFD No. 2015-2, including attorney’s fees, costs associated with annexations to CFD No. 2015-2, and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means an official of the City, or any designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Tax.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” or “APN” means a unique number assigned to an Assessor’s Parcel by the County Assessor for purposes of identifying a property. “Authorized Services” means the public services authorized to be funded by CFD No. 2015-2 as set forth in the documents adopted by the Council when CFD No. 2015-2 was formed.
“Building Permit” means a building permit issued by the City and having a building structure improvement valuation over $50,000. Building Permits for the construction of ancillary structures such as fences, swimming pools, retaining walls, etc. are excluded.
“CFD” or “CFD No. 2015-2” means the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services). “City” means the City of Oakley.
“City Landscape Maintenance Standards” means the then applicable landscape maintenance standards or then applicable level of service for then applicable landscape maintenance contracts executed by the City that are in effect and relate to similar landscaping improvements.
“City Manager” means the City Manager of the City of Oakley. 327
Exhibit B
“Commercial Unit” means an individual building structure for commercial uses as defined per the County Assessor (e.g., grocery stores, shopping centers, motel, hotel, service stations, and offices).
“Condominium Parcel” means a Parcel designated by the County Assessor as having a condominium, townhome, cluster home and co-op land use. “Council” means the City Council of the City of Oakley, acting as the legislative body for CFD No. 2015-2.
“County” means the County of Contra Costa.
“County Assessor” means the Contra Costa County Assessor. “County Land Use Code” means the land use code assigned to an Assessor’s Parcel as indicated in the records of the County Assessor. “Developed Property” means, in any Fiscal Year, all Parcels of Taxable Property for which a Building Permit was issued by the City for construction of a residential structure or a non-residential structure on or prior to June 30 of the preceding Fiscal Year. In the absence of a Building Permit, any Parcel of Taxable Property shall be classified as “Developed Property” if it has been occupied by a user as determined by the Administrator on or prior to June 30 of the preceding Fiscal Year. “Final Map” or “Parcel Map” means a final map approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410, et seq.) that creates individual lots on which a Building Permit can be issued for construction of Residential Units without further subdivision of the lots. “Fiscal Year” means the period starting on July 1 and ending on the following June 30.
“Industrial” means an individual building structure for industrial uses as defined per the County Assessor (e.g., research and development, mini-warehouse, etc.). “Institutional” means an individual building structure for institutional uses as defined per the County Assessor (e.g., churches, hospitals, assisted living, schools, etc.).
“Land Use Classification” means the current or intended use of a Taxable Parcel as determined by the Taxable Parcel’s County Land Use Code. “Maximum Special Tax” means, for each Special Tax Component, the maximum Special Tax, determined in accordance with Section C herein, which can be levied in any Fiscal Year.
328
Exhibit B
“Mixed Use Parcel” means a Parcel designated by the County Assessor as having a multiple land uses such as residential land uses and commercial land uses, or multi-family land uses and commercial land uses.
“Multi-Family Parcel” means a Parcel designated by the County Assessor as having a multi-family residential land uses which includes duplexes, triplexes, fourplexes and apartments.
“Non-Residential Parcel” means for each Fiscal Year, all Assessor Parcels designated by the County Assessor with a County Land Use Code of Commercial, Industrial, or Institutional. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.
“Property Owner” means the Property Owner of record per current County Assessor records unless more current information is available such as recorded deed of sale, etc.
“Proportionately” means, for Developed Property, that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Developed Property.
For Undeveloped Property, “Proportionately” means that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Undeveloped Property. “Public Property” means, for each Fiscal Year: (i) any property within the boundaries of CFD No. 2015-2 that is owned by or irrevocably offered for dedication to the federal government, the State of California, the City or any other public agency; provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act (as such section may be amended or replaced) shall be taxed and classified in accordance with its use; or (ii) any property within the boundaries of CFD No. 2015-2 that is encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
“Residential Unit” means an individual building structure for residential or multi-family residential uses as defined per the County Assessor. An Accessory Unit that shares a Parcel with a Residential Unit shall not be considered a separate Residential Unit for purposes of this RMA.
“RMA” means this Rate and Method of Apportionment of Special Tax. "Single-Family Parcel" means a Parcel designated by the County Assessor as having a single-family residential land use. If it is determined by the Administrator that 329
Exhibit B
the County Assessor has assigned an incorrect County Land Use Code or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.
“Special Tax” means any tax levied within CFD No. 2015-2 to pay the Special Tax Requirement, and includes each Special Tax Component. “Special Tax Component” means one of the following components of the Special Tax: Community Park Maintenance Tax, Streetlighting Maintenance Tax, Neighborhood Parks and Landscape Maintenance Tax, or Stormwater Maintenance Tax.
“Special Tax Requirement” means, for each Special Tax Component, the amount of revenue needed in any Fiscal Year to pay for the following: (i) Authorized Services related to the Special Tax Component; (ii) Administrative Expenses attributable to the Special Tax Component; and (iii) amounts needed to cover any delinquencies in the payment of the Special Tax Component which occurred in the previous Fiscal Year or, based on delinquency rates in prior years, may be expected to occur in the Fiscal Year in which the Special Tax will be collected. “Taxable Property” or “Taxable Parcels” means all Assessors’ Parcels within the boundaries of CFD No. 2015-2 that are not exempt from the Special Tax pursuant to law or Section E herein.
“Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this RMA. All the property within CFD No. 2015- 2 at the time of CFD Formation is within Tax Zone 1. Additional Tax Zones may be created when property is annexed to CFD No. 2015-2, and a separate Maximum Special Tax shall be identified for property within the new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone established when such Parcels are annexed to CFD No. 2015-2 shall be identified by Assessor’s Parcel Number in the Unanimous Approval Form that is signed by the owner(s) of the Parcels at the time of annexation.
“Unanimous Approval Form” means that form executed by the record owner of fee title to a Parcel or Parcels annexed into CFD No. 2015-2 that constitutes the property owner’s approval and unanimous vote in favor of annexing into CFD No. 2015- 2, the levy of the Special Tax against his/her Parcel or Parcels pursuant to this RMA. “Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property in CFD No. 2015-2 that are not classified as Developed Property.
B. DATA FOR ANNUAL TAX LEVY
330
Exhibit B
Each Fiscal Year, the Administrator shall identify the current Assessor’s Parcel Numbers for all Parcels of Taxable Property within CFD No. 2015-2. The Administrator shall also determine: (i) whether each Assessor’s Parcel of Taxable Property is Developed Property or Undeveloped Property, and (ii) the Special Tax Requirement for each Special Tax Component for the then-current Fiscal Year. Each Special Tax Component shall be levied only to pay for the related Special Tax Requirement.
In any Fiscal Year, if it is determined that (i) a Final Map or Parcel Map for a portion of property in CFD No. 2015-2 was recorded after the last date upon which the County Assessor will incorporate the newly-created Parcels into the then current tax roll, (ii) because of the date the Final Map or Parcel Map was recorded, the County Assessor does not yet recognize the new Parcels that will be created by the Final Map or Parcel Map, and (iii) one or more of the newly-created Parcels would meet the definition of Developed Property, the Administrator shall calculate the Special Tax for the property affected by recordation of the Final Map or Parcel Map by determining the Special Tax that applies separately to each new Parcel that will be created by that Final Map or Parcel Map, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the Final Map or Parcel Map.
C. MAXIMUM SPECIAL TAXES
1. Developed Property - The Fiscal Year 2023-24 Maximum Special Tax for each Special Tax Component for all Parcels of Developed Property shall be as shown in Table 1 below:
Mixed Use Parcels will have their Maximum Tax calculated each Fiscal Year based upon their combined uses on the Parcel. For example, if a one-acre Special Tax Land Use
Component Classification
Regional Park Maintenance Tax Single-Family Parcel $165.16 per Parcel Regional Park Maintenance Tax Condominium Parcel $123.87 per Parcel Regional Park Maintenance Tax Multi-Family Parcel $82.58 per Unit Regional Park Maintenance Tax Non-Residential Parcel $495.49 per Acre Community Parks Maintenance Tax Single-Family Parcel $364.74 per Parcel Community Parks Maintenance Tax Condominium Parcel $273.55 per Parcel Community Parks Maintenance Tax Multi-Family Parcel $182.37 per Unit Community Parks Maintenance Tax Non-Residential Parcel $1,094.21 per Acre Streetlighting Maintenance Tax Single-Family Parcel $72.01 per Parcel Streetlighting Maintenance Tax Condominium Parcel $54.01 per Parcel Streetlighting Maintenance Tax Multi-Family Parcel $36.01 per Unit Streetlighting Maintenance Tax Non-Residential Parcel $216.04 per Acre Neighborhood Parks & Landscaping Maintenance Tax Single-Family Parcel $1,463.90 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Condominium Parcel $1,097.93 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Multi-Family Parcel $731.95 per Unit Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel $1,463.90 per Acre Stormwater/Water Quality Maintenance Tax Single-Family Parcel $600.00 per Parcel Stormwater/Water Quality Maintenance Tax Condominium Parcel $450.00 per Parcel Stormwater/Water Quality Maintenance Tax Multi-Family Parcel $300.00 per Unit Stormwater/Water Quality Maintenance Tax Non-Residential Parcel $600.00 per Acre Table 1: Developed Property
FY 2023-24
Maximum
Tax
331
Exhibit B
parcel has commercial on the ground floor and 50 condominiums on the second floor the property owner will be charged the Non-Residential Parcel rate for one acre and the Condominium Parcel Rate for the 50 condominiums.
2. Undeveloped Property - The Fiscal Year 2023-24 Maximum Special Tax for each Special Tax Component for all Parcels of Undeveloped Property shall be as shown in Table 2 below:
3. Escalation of Maximum Special Tax
On July 1, 2024, and each July 1 thereafter, the Maximum Special Tax for each Special Tax Component for the current Fiscal Year for Developed Property and Undeveloped Property shall be increased from the Maximum Special Tax for the respective Special Tax Component for the previous Fiscal Year by Consumer Price Index – All Urban Consumers (San Francisco-Oakland-San Jose, CA) (from February) with a minimum annual increase of three (3.00%) percent and a maximum annual increase of five (5.00%) percent for any given year.
Special Tax Land Use
Component Classification
Regional Park Maintenance Tax Single-Family Parcel $495.49 per Acre Regional Park Maintenance Tax Condominium Parcel $371.62 per Acre Regional Park Maintenance Tax Multi-Family Parcel $247.75 per Acre Regional Park Maintenance Tax Non-Residential Parcel $247.75 per Acre Community Parks Maintenance Tax Single-Family Parcel $1,094.21 per Acre Community Parks Maintenance Tax Condominium Parcel $820.66 per Acre Community Parks Maintenance Tax Multi-Family Parcel $547.11 per Acre Community Parks Maintenance Tax Non-Residential Parcel $547.11 per Acre Streetlighting Maintenance Tax Single-Family Parcel $216.04 per Acre Streetlighting Maintenance Tax Condominium Parcel $162.02 per Acre Streetlighting Maintenance Tax Multi-Family Parcel $108.02 per Acre Streetlighting Maintenance Tax Non-Residential Parcel $108.02 per Acre Neighborhood Parks & Landscaping Maintenance Tax Single-Family Parcel $1,463.90 per Acre Neighborhood Parks & Landscaping Maintenance Tax Condominium Parcel $1,463.90 per Acre Neighborhood Parks & Landscaping Maintenance Tax Multi-Family Parcel $1,463.90 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel $1,463.90 per Acre Stormwater/Water Quality Maintenance Tax Single-Family Parcel $600.00 per Acre Stormwater/Water Quality Maintenance Tax Condominium Parcel $600.00 per Acre Stormwater/Water Quality Maintenance Tax Multi-Family Parcel $600.00 per Acre Stormwater/Water Quality Maintenance Tax Non-Residential Parcel $600.00 per Acre Maximum
Table 2: Undeveloped Property
FY 2023-24
Tax
332
Exhibit B
D. METHOD OF LEVY AND COLLECTION OF SPECIAL TAXES
Each Fiscal Year, the Administrator shall determine the Special Tax Requirement for each Special Tax Component for that Fiscal Year and levy each Special Tax Component on all Parcels of Taxable Property as follows:
Step 1: Each Special Tax Component shall be levied Proportionately on each Parcel of Developed Property up to 100% of the Maximum Special Tax for each Parcel of Developed Property for such Fiscal Year until the amount levied is equal to the Special Tax Requirement for such Special Tax Component;
Step 2: If additional revenue is needed after Step 1, each Special Tax Component shall be levied Proportionately on each Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for each Parcel of Undeveloped Property for such Fiscal Year until the amount levied, when combined with the amount of the Special Tax Component levied pursuant to Step 1, is equal to the Special Tax Requirement for such Special Tax Component.
The Special Tax for CFD No. 2015-2 shall be collected at the same time and in the same manner as ordinary ad valorem property taxes provided, however, that the City may (under the authority of Government Code Section 53340) collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of CFD No. 2015-2, and the Special Tax shall be subject to foreclosure if delinquent regardless of the manner in which it was collected.
E. EXEMPTIONS
No Special Tax shall be levied on Parcels of Public Property or any privatelyowned Parcels that are non-developable, such as common areas, wetlands, and open space, parks, etc. except as otherwise provided in this RMA and in the Act.
F. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that does not materially affect the rate and method of apportioning Special Taxes. In addition, the interpretation and application of any section of this document shall be left to the City’s discretion. Interpretations may be made by the City through a resolution of the Council for purposes of clarifying any vagueness or ambiguity in this RMA.
333
Exhibit B
G. TERM OF THE SPECIAL TAX
The Special Tax shall be levied in perpetuity as necessary to pay the Special Tax Requirement.
H. REPEAL OF THE SPECIAL TAX
CFD No. 2015-2 was established to levy the Special Tax to finance the Authorized Services as a condition of the entitlement to develop the Developed Property in CFD No. 2015-2. If the levy of the Special Tax is repealed by initiative or any other action participated in by the owners of Parcels in CFD No. 2015-2, the City shall cease to levy the Special Tax and shall cease to be obligated to provide the Authorized Services for which the Special Tax was levied.
I. SEVERABILITY
The invalidity or unenforceability of any provisions of this Rate and Method of Apportionment of Special Tax shall not affect the validity or enforceability of any other provision of this Rate and Method of Apportionment of Special Tax, which shall remain in full force and effect.
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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: September 12, 2023
TO: Joshua McMurray, City Manager
FROM: Ken Strelo, Planning Manager
SUBJECT: Adoption of the State of California Density Bonus Law (SDBL) - Repeal Local Density Bonus Regulations (Oakley Municipal Code Section
9.1.412) and Replace with Adoption of the State Density Bonus Law by Reference (RZ 03-23)
Summary
This is a City-initiated request for approval of a Zoning Text Amendment (RZ 03-23) to repeal Oakley Municipal Code Section 9.1.412 “Residential Density Bonus and Incentives” which consists of Oakley’s local regulations related to residential density bonuses and replace with adoption of the State Density Bonus Law (SDBL) by reference (California Government Code Sections 65915-65918). The purpose of this amendment is to ensure the City’s ordinance is always up to date and in compliance with State law, which has been updated 10 times between 2018 and 2023. This amendment will also direct potential applicants to the most up to date State regulations providing them with accurate density bonus tools and regulations. On August 15, 2023, the Planning Commission adopted a resolution recommending the City Council adopt an ordinance approving the proposed Zoning Text Amendment.
Background
LOCAL ORDINANCE AND STATE LAW
Oakley Municipal Code (“OMC”) Section 9.1.412 (Residential Density Bonus and Incentives) regulates and implements the State [of California] Density Bonus Law (“SDBL”). The local regulations closely mirror the SDBL. Specifically, the code allows for a sliding scale of density bonuses and the granting of one or more concessions based on the amount and type of affordable housing that is provided, an unlimited number of waivers or reductions of local regulations, and parking reductions based on unit size.
OMC Section 9.1.412 was adopted by Ordinance No. 11-10 on September 10, 2010.
The last part of the ordinance includes a “No Conflict with State Law” statement which clarifies if any part of Oakley’s ordinance conflicts with any density bonus State law that the State law shall supersede. This statement ensures that, in practice, the City implements density bonuses in compliance with State law. As stated in Chapter 6 of the 2023-2031 Housing Element Update, while the Zoning Code language defers to State law, some of the criteria, such as levels of density Approved and
Forwarded to the
City Council
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STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US bonus allocations and maximum parking requirements, are not up to date. As a result of this slight inconsistency, one of the Housing Element’s programs is to review and update the City’s Density Bonus Ordinance to ensure consistency with State law.
Between 2018 and 2023, the State amended the SDBL ten times. Staff has found it challenging to regularly update the Municipal Code to keep pace with changing State laws. When it comes to complex regulations, such as density bonus law, it can be confusing to communicate to applicants and the public what regulations apply to density bonus projects, especially when the City’s ordinance and State regulations do not match word for word. Oakley’s ordinance largely replicates and codifies SDBL requirements; however, since it was adopted in 2010 and has not undergone any amendments, the ordinance does not currently comply with the SDBL.
CONTRA COSTA COUNTY COLLABORATIVE (C4)
Since mid-2021, the City of Oakley has been receiving housing-related technical assistance through the Association of Bay Area Governments (ABAG) as part of the Regional Early Action Planning (REAP) Grant Program from the State Housing and Community Development Department (HCD). The Contra Costa County Collaborative (C4) allows staff from every jurisdiction within the county (represented by the Planning Manager for Oakley) to meet monthly to discuss housing-related issues, including getting the housing elements completed and certified, strategizing housing element implementation, and complying with evolving state laws.
Recently, several C4 representatives discussed repealing their local density bonus regulations/ordinances and simply referencing State law. This approach will simplify and clarify local implementation and eliminate the need for future amendments to the zoning ordinance.
STATE DENSITY BONUS LAW (CALIFORNIA GOVERNMENT CODE SECTIONS 65915–65918)
The SDBL was adopted in 1976 to address California’s affordable housing needs.
The SDBL required local agencies to allow increased density, reduced standards, and development incentives based on the number and type of affordable housing units proposed. Over time, the law has been expanded to include housing for households at a wider range of income levels and with specialized needs (e.g., seniors, students, foster youth, formerly homeless persons, or disabled veterans).
The SDBL applies to housing projects, including mixed-use developments, new subdivisions, or common-interest developments. Density bonuses and associated incentives and concessions are intended to offset the financial burden of 336
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CITY HALL | 3231 Main Street, Oakley, CA 94561 3
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US constructing affordable units. The density bonus and associated concessions are based on the amount and type of affordable units provided and include the following:
Density Bonus: An increase above the maximum allowed density permitted in the General Plan Land Use Element or Zoning Code. The amount of the bonus is set on a sliding scale based on the percentage of affordable units at each income level.
Incentives/Concessions: Modifications to City regulatory or development standards that result in actual and identifiable cost reductions to provide for affordable housing costs or rents. The number of required incentives is based on the percentage of affordable units provided in the qualifying project. For example, developers may ask for increased height above that allowed by the zoning regulations.
Reductions/Waivers: Modification to City development standards that would physically prevent the construction of a housing development at the density permitted with a bonus and any concessions, except where the waiver would cause a public health or safety concern, harm historical property, or would be contrary to the law. There is no limit to the number of reductions/waivers that may be requested. For example, applicants may request decreased setbacks and/or increased floor area ratio and/or waiver of hillside regulations. Reduced Parking Ratios: Parking ratios are defined based on unit size:
o Zero to one bedroom: one onsite parking space per unit o Two to three bedrooms: one and one-half onsite parking spaces per unit
o Four or more bedrooms: two and one-half parking spaces per unit.
Like many jurisdictions, the reduced parking ratios for Oakley are lower than the Municipal Code parking requirements.
Proposed Ordinance
Adoption of the proposed ordinance will repeal the existing density bonus regulations and replace them with a new ordinance that will adopt the SDBL by reference and identify when the regulations apply. The proposed ordinance also contains requirements related to physical constraints and parking reductions, outlines application requirements, and specifies the approval process for projects. The proposed ordinance also acknowledges future State law amendments may occur.
With adoption of this ordinance, in future years as the legislature continues to amend and/or refine SDBL, the Oakley Municipal Code would remain consistent with State 337
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 4
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US law and zoning text amendments for density bonuses would not be necessary. In addition, by referencing State law, City Staff will find more consistency and efficiency when processing applications and communicating relevant regulations to applicants, the public, and City officials.
Planning Commission Public Hearing
On August 15, 2023, the City of Oakley Planning Commission held a public hearing on the proposed Zoning Text Amendment in order to make a recommendation to the City Council. During the hearing, Staff provided a presentation summarizing the request, analysis, findings, and Staff recommendation. Upon conclusion of the public hearing, the Planning Commission voted unanimously (3-0 with two absent) and adopted Planning Commission Resolution No. 12-23, recommending the City Council adopt the proposed ordinance.
Analysis
Repealing the existing density bonus regulations and replacing to reference State law would be consistent with the Housing Element of Oakley’s General Plan, result in the removal of government constraints, and eliminate the need to annually review the State law and continually update the Zoning Ordinance when it is amended.
Consistency with the Housing Element is through direct implementation of Action 1.6 titled “Density Bonus Ordinance” found in Chapter 8 (Housing Plan) of the Housing Element. Action 1.6 includes subitems such as using the Density Bonus Ordinance and associated incentives to encourage affordable housing and revising the Density Bonus Ordinance to comply with State law. It also requires the City to monitor State law and revise the Density Bonus Ordinance when required by any future revisions to State Density Bonus Law. The main objective of this Action is to “Implement [the] Density Bonus Ordinance in compliance with State law.” The timeframe for implementation is January 31, 2024. Adoption of this ordinance will implement the subitems in this Action related to the Objective to implement the Density Bonus Ordinance in compliance with State law.
Findings
Draft findings can be found in the proposed resolution.
Consistency with the Oakley Strategic Plan 27+
Approval of this application would be consistent with the Oakley Strategic Plan 27+ Community and Economic Development Goal. One of the Objectives within the Goal 338
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CITY HALL | 3231 Main Street, Oakley, CA 94561 5
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US speaks to providing affordable housing sites that meet our legislative Regional Housing Needs Allocation (RHNA). While this ordinance will not directly create or identify specific sites, it will ensure that all sites eligible for affordable housing will be processed under the most up to date State Density Bonus Law.
Environmental Determination
The proposed ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption in that the proposed ordinance would only establish and clarify administrative processes and would not facilitate new construction or other groundbreaking activities. There is no potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment. None of the circumstances described in CEQA Guidelines Section 15300.2 applies.
Fiscal Impact
No fiscal impact is associated with the preparation of this staff report and accompanying attachments. Costs associated with revising the Zoning Code on City-initiated projects, including staff time associated with this zoning text amendment, are funded through the City’s General Fund. Adopting State law by reference may reduce future costs associated with monitoring and updating the Ordinance.
Staff Recommendation
Staff recommends the City Council waive the first reading and introduce an Ordinance repealing Oakley Municipal Code Section 9.1.412 and replacing with adoption of the State Density Bonus Law by reference, finding the action exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3).
Attachments
1. Legislative History Summary (2019-2023)
2. Summary of Pending 2023-2024 Legislation
3. Planning Commission Resolution No. 12-23
4. Proposed Ordinance
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California State Density Bonus Law
Legislative History Summary (2019 – 2023)
2019
• SB 1227 requires a 35% density bonus for housing developments that include at least 20% of its units for low-income college students. • AB 2797 requires density bonuses in the Coastal Zone to be consistent with the California Coastal Act.
• AB 2372 allows developers to request a floor-area-ratio bonus rather than a traditional density bonus for projects that meet specific requirements. • AB 2753 requires local governments to notify applicants of required information for a project to be determined complete and provide information on the project’s eligibility for density bonus and reduced parking ratios. 2020
• AB 1763 provides incentives for 100% affordable housing projects, such as an 80% density bonus and an additional concession entitlement. For projects located within ½ mile of a major transit stop, AB 1763 eliminates all local government limits on density and parking and allows a height limit of up to three stories or 33 feet.
2021
• AB 2345 provides for up to 50% density bonus for mixed-income developments, reduces parking requirements for many projects qualifying for a density bonus, lowers some thresholds for obtaining concessions, and adopts density bonus reporting requirements.
2022
• AB 571 prohibits local governments from charging affordable housing impact fees, including inclusionary zoning fees and in-lieu fees, against affordable units in density bonus housing developments.
• AB 634 allows local government to adopt an ordinance requiring an affordability period of more than 55 years in density bonus housing projects, except for developments financed with low-income housing tax credits. • SB 290 provides additional incentives to student housing development, reconciles text regarding public health and safety between the Housing Accountability Act and Density Bonus Law, defines ‘total units’ in a density bonus project, reduces parking requirements for moderate-income units, and clarifies 340
that the Density Bonus Law applies to both rental and for-sale housing developments.
• SB 728 allows developers in for-sale density bonus housing developments to sell affordable units to nonprofit housing corporations instead of selling the units directly to a low- or moderate-income homebuyer.
2023
• AB 682 establishes “shared housing” as a new category of housing eligible for a density bonus and other associated benefits and establishes a method of determining base densities.
• AB 1551 readopts legislation that sunsetted at the end of 2021 requiring that cities and counties provide a “development bonus” to commercial developers if they meet certain requirements.
• AB 2334 provides special benefits to housing developments based on vehicle miles travelled.
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California State Density Bonus Law
Summary of Pending 2023-2024 Legislation
Bills Related to Density Bonus Law Introduced in the 2023 – 2024 Legislative Session AB 440 (passed Assembly May 25) would amend provisions related to the calculation of maximum allowable residential density under the State Density Bonus Law.
AB 1287 (passed Assembly May 31) proposes to require jurisdictions to grant an additional density bonus calculated as specified by the bill, additional concessions for projects that meet the bill’s requirements, and amend the Density Bonus Law to supersede the California Coastal Act
SB 713 (passed Senate May 22) would affirm that the Density Bonus Law supersedes an ordinance, regulation or other local law enacted by a voter initiative that conflicts with the Density Bonus Law.
AB 1287 (passed Assembly May 31) would allow stackable moderate-income density bonus.
Projects can receive an additional 50% bonus by adding 15% moderate-income units after maxing out the regular density bonus.
AB 1630 (introduced February 17) would classify student, faculty, and staff housing as a permitted use on all real property within 1,000 feet of a university campus, where at least 20% of the units be rented to students, staff, or faculty and at least 20% of the units must be affordable to lower-income households. For ministerial projects, the bill does not allow for jurisdiction to impose parking, floor area ratio, or density requirements.
AB 637 (introduced February 9) would allow jurisdictions to deny the granting of a concession, incentive, or waiver of development standard required by the Density Bonus Law with a written finding based upon substantial evidence that the concession, incentive, or waiver of development standard would alter the requirements of a local inclusionary housing program, policy, or ordinance.
AB 323 (passed Assembly May 31) requires that affordable ownership inclusionary units in a Density Bonus project are first offered to future low-income homeowners, only if there are no takers can a nonprofit buy it to operate as a rental unit for a low-income renter. 342
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Ordinance No. XX-23 Page 1 of 7
ORDINANCE NO. XX-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY REPEALING OAKLEY MUNICIPAL CODE SECTION 9.1.412 AND REPLACING WITH ADOPTION OF THE STATE DENSITY BONUS LAW BY REFERENCE (RZ 03-23) AND FINDING
THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, California’s Density Bonus Law (Government Code Section 65915 et seq.) encourages developers to build affordable housing (e.g., very low-, low- and moderateincome units) by requiring cities to grant a density bonus, concessions, incentives, and waivers of developments standards for projects that commit certain percentages of their units to affordable housing; and
WHEREAS, California Government Code Section 65915(a) requires that local governments adopt an ordinance that specifies how compliance with State Density Bonus law will be implemented; and
WHEREAS, Section 9.1.412 of the Oakley Municipal Code (“OMC”) contains the regulations implementing the State Density Bonus Law; and WHEREAS, State law has been amended ten times between 2018 through 2022, requiring regular changes and updates to the Municipal Code; and WHEREAS, OMC Section 9.1.412 was codified through adoption of Ordinance No. 11- 10 on September 10, 2010 and has not undergone an amendment since, requiring an amendment to be consistent with State law; and
WHEREAS, this ordinance (“Ordinance”) repeals OMC Section 9.1.412 and replaces the contents thereof to adopt the State Density Bonus Law by reference. As amended by this Ordinance, OMC Section 9.1.412 will provide that density bonuses and other affordable housing incentives required by State law (including but not limited to Government Code Section 65915 et seq.) will be available to applicants on the terms and conditions specified in State law; and
WHEREAS, adopting the State Density Bonus Law by reference will ensure the Municipal Code remains current whenever the State Legislature amends the State Density Bonus Law; and
WHEREAS, on August 15, 2023, the Planning Commission held a duly noticed public hearing to consider the proposed Ordinance related to density bonus, received the staff report and staff presentation, received comments from the public and interested parties, and discussed the matter. Following the public hearing, the Planning Commission 353
Ordinance No. XX-23 Page 2 of 7
adopted Planning Commission Resolution No. 12-23 recommending the City Council adopt the proposed Ordinance; and
WHEREAS, on or before September 1, 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 Oakley City Hall located at 3231 Main Street, outside the gym at Delta Vista Middle School located at 4901 Frank Hengel Way, outside the library at Freedom High School located at 1050 Neroly Road, and at the project site, and was mailed out to outside agencies and to parties requesting such notice; and
WHEREAS, on September 12, 2023, the City Council held a duly noticed public hearing to consider the proposed Ordinance related to density bonus, received the staff report and staff presentation, received comments from the public and interested parties, considered the recommendation of the Planning Commission and discussed the matter; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLEY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.
SECTION 2. Additional Findings.
A. Repealing the existing density bonus regulations and replacing to reference State law would be consistent with the Housing Element of Oakley’s General Plan, result in the removal of government constraints, and eliminate the need to annually review the State law and continually update the Zoning Ordinance when it is amended.
B. Consistency with the Housing Element is through direct implementation of Action
1.6 titled “Density Bonus Ordinance” found in Chapter 8 (Housing Plan) of the Housing Element. Action 1.6 includes subitems such as using the Density Bonus Ordinance and associated incentives to encourage affordable housing and revising the Density Bonus Ordinance to comply with State law. It also requires the City to monitor State law and revise the Density Bonus Ordinance when required by any future revisions to the State Density Bonus Law. The main objective of this Action is to “Implement [the] Density Bonus Ordinance in compliance with State law.” The timeframe for implementation is January 31, 2024. Adoption of this ordinance will implement the subitems in this Action related to the Objective to implement the Density Bonus Ordinance in compliance with State law.
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C. The Ordinance would not be detrimental to the public interest, health, safety, convenience, or welfare of the City, as the proposed Ordinance will comply with, implement, and adopt by reference State Density Bonus Law.
SECTION 3. Section 9.1.412 of the Oakley Municipal Code titled, “Residential Density Bonus and Incentives” is hereby repealed and amended in its entirety in order to comply with State Density Bonus Law, as follows:
“ 9.1.412 Residential Density Bonus and Incentives
a. Purpose. The purpose of this Section is to establish a program in accordance with California Government Code Section 65915 et seq. to provide both density increases and other incentives to encourage the creation of housing affordable to moderate-, low-, and very low-income households, seniors, and other qualifying households under State law. b. Applicability.
1) General. All proposed housing developments that qualify under California Government Code Section 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code Section 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in California Government Code Section 65915, as it may be amended from time to time. 2) Compliance. The applicant shall comply with all requirements stated in California Government Code Sections 65915 through 65918. The requirements of California Government Code Sections 65915 through 65918, and any amendments thereto, shall prevail over any conflicting provision of this Code. 3) Excluded development. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under California Government Code Section 65915.
4) Interpretation. The provisions of this subdivision shall be interpreted to implement and be consistent with the requirements of California Government Code Section 65915. Any changes to California Government Code Section 65915 shall be deemed to supersede and govern over any conflicting provisions contained herein. If any portion of this Article conflicts with State Density Bonus Law or other applicable State law, State law shall supersede this Section. Any ambiguities in this Section shall be interpreted to be consistent with State Density Bonus Law. 5) Replacement Housing Requirement. Pursuant to subdivision (c)(3) of California Government Code Section 65915, an applicant will be ineligible for a 355
Ordinance No. XX-23 Page 4 of 7
density bonus or other incentives unless the applicant complies with the replacement housing requirements therein.
c. Density Increase and Other Incentives.
1) General. If a qualifying affordable housing project or land transfer/cash payment meets the criteria of California Government Code Section 65915 et seq., the project shall be granted a density bonus, the amount of which shall be as specified in California Government Code Section 65915 et seq., and incentives or concessions also as described in California Government Code Section 65915 et seq.
2) Density Bonus Units. Except as otherwise required by California Government Code Section 65915, the density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.
3) Market-rate senior citizen housing developments. Market-rate senior citizen housing developments that qualify for a density bonus shall not receive any other incentives or concessions, unless California Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments.
d. Physical Constraints and Parking Waivers.
1) Physical Constraints. Except as restricted by California Government Code Section 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The City shall approve a waiver or reduction of a development standard, unless it finds that:
a) The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;
b) The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of 356
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Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;
c) The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or
d) The waiver or reduction of the development standard would be contrary to state or federal law.
2) Parking. The applicant may request, and the City shall grant, a reduction in parking requirements in accordance with California Government Code Section 65915(p), as that section may be amended from time to time. e. Retention of Density Bonus Units. Consistent with the provisions of California Government Code Section 65915 et seq., prior to a density increase or other incentives being approved for a project, the City of Oakley and the applicant shall agree to an appropriate method of ensuring the continued availability of the density bonus units. f. Application Procedure for Density Increase or Other Incentives. 1) Application Requirements. An application for a density increase or other incentives under this Article for a housing development shall be submitted in writing to the Community Development Department to be processed concurrently with all other entitlements of the proposed housing development. The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this Article, and in connection with the project for which the request is made, including, but not limited to, the following:
a) A brief description of the proposed housing development; b) The total number of housing units and/or shared housing units (as defined in California Government Code Section 65915(o)(6)) proposed in the development project, including unit sizes and number of bedrooms; c) The total number of units proposed to be granted through the density increase and incentive program over and above the otherwise maximum density for the project site;
d) The total number of units to be made affordable to or reserved for sale, or rental to, very low-, low- or moderate-income households, or senior citizens, or other qualifying residents;
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e) The zoning, general plan designations, and assessor’s parcel number(s) of the project site;
f) A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway(s) and parking layout;
g) The proposed method of ensuring the continued availability of the density bonus units;
h) Within zones that rely on a form-based code, a base density study that identifies the density feasible on the site without incentives, concessions or density bonuses; and
i) A list of any concession(s) or incentive(s) being requested to facilitate the development of the project, and a description of why the concession(s) or incentive(s) is needed.
g. Application Processing. The application shall be considered by the Planning Commission and/or the City Council at the same time each considers the project for which the request is being made. If the project is not to be otherwise considered by the Planning Commission or the City Council, the request being made under this Article shall be considered by the Community Development Director or designee, separately. The request shall be approved if the applicant complies with the provisions of California Government Code Section 65915 et seq.”
SECTION 4. California Environmental Quality Act (CEQA).
This project is exempt from environmental analysis under the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that the proposed amendments will not have a significant effect on the environment.
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 ordinance in the City Clerk’s Office at least five (5) days prior to the City Council meeting at which the ordinance is to be adopted, and within fifteen (15) days after its adoption, publishing a summary of the ordinance with the names of the Council Members voting for and against the ordinance.
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Ordinance No. XX-23 Page 7 of 7
PASSED AND ADOPTED by the City Council of the City of Oakley this 26th day of September 2023 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
___________________
Aaron Meadows, Mayor
ATTEST:
___________________ _________________
Libby Vreonis, City Clerk Date
359
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City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: September 12, 2023
TO: Joshua McMurray, City Manager
FROM: Ken Strelo, Planning Manager
SUBJECT: Grand Cypress Preserve Development
Agreements Master Amendment (DA 01-23) – Continued from August 8, 2023
Summary
This is a continued public hearing on an application by ACD-TI Oakley, LLC (“Applicant”) requesting approval of a Development Agreements Master Amendment (DA 01-23) that would apply to five separate Development Agreements to extend their terms from December 13, 2025 to December 13, 2035 (“Project”). The five existing Development Agreements apply to previously approved development projects made up of Planning Areas 1, 3, 4, and 6-H of the East Cypress Corridor Specific Plan. The development projects, commonly known as KT-KB Oakley LLC (Planning Area 1), Lesher Trust (Planning Area 1), Dal Porto South (Planning Area 3), Bethel Island LLC (Planning Area 4), and Pacific West Communities (Planning Area 6-H), are all part of a larger project known as “Grand Cypress Preserve”. All sites covered under the existing Development Agreements and applicable to the proposed Master Amendment are zoned SP-1 (East Cypress Corridor Specific Plan) District. The applicable sites are located in Planning Areas 1, 3, 4, and 6-H of the East Cypress Corridor Specific Plan generally located at the eastern end of Oakley north and south of East Cypress Road, Oakley, CA 94561. APNs:
020-140-048; 020-150-003; 032-050-003; 032-082-001; 032-082-005; 032-082-010; 032- 082-011; and 032-082-013.
Background
GENERAL PLAN
Specific Plan (SP) – The project sites are designated Specific Plan (SP) in the Oakley General Plan (Figure 2-2: Land Use Diagram). The General Plan was amended to add the SP land use designation and apply it to the East Cypress Corridor Specific Plan (“ECCSP”) through adoption of City Council Resolution 47-09 adopted on March 10, 2009.
ZONING
SP-1 (East Cypress Corridor Specific Plan) District – The ECCSP was adopted by Ordinance 10-09, resulting in the SP-1 District zoning classification for the entire Specific Plan area, on March 24, 2009.
Approved and
Forwarded to the
City Council
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CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Project Description
ENTITLEMENT AND DEVELOPMENT AGREEMENT HISTORY
The Applicant has ownership of five separately entitled developments within the ECCSP that are all under their own respective development agreements with terms set to expire on December 13, 2025. These projects are identified by the owner as the “Grand Cypress Preserve” project, sometimes also referred to as the “Cypress Preserve” project. A summary of the projects with their tentative map entitlements and development agreements is listed below:
KT KB Oakley LLC Subdivision 9311 (Planning Area 1)
o 5/8/2012: Vesting Tentative Map approved (City Council Resolution 45- 12)
o 9/12/2005: Development Agreement approved (Ordinance 25-05) o 5/22//2012: Development Agreement Amendment (Ordinance 03-12) Lesher Trust Subdivision 9404 (Planning Area 1)
o 7/14/2015: Vesting Tentative Map approved (City Council Resolution 98-15)
o 11/10/2020: Amendment to Vesting Tentative Map approved (City Council Resolution 150-20)
o 9/26/2005: Development Agreement approved (Ordinance 25-05) o 1/10/2012: Development Agreement Amendment (Ordinance 25-11) Dal Porto South Subdivision 9401 (Planning Area 3)
o 7/14/2015: Vesting Tentative Map approved (City Council Resolution 96-15)
o 8/11/2015: Development Agreement approved (Ordinance 10-15) Bethel Island LLC Subdivision 9156 (Planning Area 4)
o 11/8/2011: Vesting Tentative Map approved (City Council Resolution 122-11)
o 11/10/2020: Amendment to Vesting Tentative Map approved (City Council Resolution 149-20)
o 1/10/2012: Development Agreement approved (Ordinance 26-11) Pacific West Communities Minor Subdivision 11-976 (Planning Area 6-H) o 1/24/2012: Tentative Parcel Map approved (City Council Resolution 11- 12)
o 1/10/2012: Development Agreement approved (Ordinance 27-11) 361
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 3
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US
MASTER AMENDMENT TO DEVELOPMENT AGREEMENTS
The proposed amendment document is officially titled, “Amendment to Certain Development Agreements By and Between City of Oakley and ACD-TI Oakley, LLC Relating to the Projects Comprising the ‘Cypress Preserve Project’ and Located in the East Cypress Corridor Specific Plan Area.” For the purposes of this request and simplifying its name, that document is referred to as the “Grand Cypress Preserve Development Agreements Master Amendment” or “Master Amendment.” The Master Amendment includes recitals that provide background and references to the original Development Agreements for all of the projects and two Development Agreement Amendments for KT KB Oakley LLC and Lesher Trust which received term extensions to match the December 12, 2025 expiration date created for the other three projects. The applicant is requesting an extension of the term to December 13, 2035 (10-year extension) for all of the Development Agreements. As described in Part C of the Recitals, the request is due to the “…current state of the economy and its negative effect on market orientation, interest rates, and housing demand, and in order to reduce the risk of development in light of such adverse economic conditions…”. The language providing the extension is found under Part
2.1 “Amendments to Term” of the Agreement section of the proposed Development Agreement. The specific language is proposed as follows:
The date “December 13, 2025,” as set forth in Section 1.4 of each of the Lesher Agreement, the KT-KB Agreement, the PacWest Agreement, the Dal Porto Agreement, and the Bethel Agreement, is hereby deleted in its entirety and replaced with the date “December 13, 2035” and thereby extend the Term of each such agreement an additional ten (10) years beyond December 13, 2025.
This Development Agreement Master Amendment also proposes a Part 2.3 titled, “Additional Clarification of East Cypress Corridor Specific Plan Environmental Impact Report (“EIR”) Mitigation Measures.” This section calls attention to three Mitigation Measures (“MM”) from the ECCSP EIR adopted on March 10, 2009 by City Council Resolution 46-09 (MMs 3.8-12, 3.13-4, and 3.13-16). These MMs all refer to the requirement for the Rock Slough Bridge to be constructed and installed before 20% (800 units) of the ECCSP is constructed. The proposed amendment language will serve to clarify to the developers of the Grand Cypress Preserve project that residential units in the existing Summer Lake South project and undeveloped Summer Lake North project are not counted toward the units that will prompt implementation of these MMs. This clarification has been determined by the City Attorney through analysis of the ECCSP EIR and the “Agreement Between Contra Costa County and City of Oakley Relating to Transition of Municipal Services, Collection of Fees and Maintenance of Infrastructure Upon Annexation of the East 362
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 4
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Cypress Corridor Specific Plan Area” referred to as the City-County Transition Agreement. This clarification does not result in amending the referenced EIR MMs.
Planning Commission Public Hearing
On July 18, 2023, the City of Oakley Planning Commission held a public hearing on the proposed project in order to make a recommendation to the City Council. During the hearing, City Staff provided a presentation summarizing the request, analysis, and findings, and Staff recommendation to the Commission and public. The applicant spoke and reiterated their reasoning behind the request. No members of the public provided oral comments.
Prior to the meeting, Staff received one written comment from Contra Costa Water District (“CCWD”). That letter was also forwarded to the Planning Commission. In summary, the letter brought attention to agreements between CCWD and the applicant as well as the importance of the levee for the canal undergrounding project. Staff responded to CCWD that the term extension would not have any negative effect on their standing agreements, and it may increase the likelihood the project, including the levee, remains feasible and is eventually developed. Upon conclusion of the public hearing, the Planning Commission voted unanimously in favor of the proposed Development Agreements Master Amendment (4-0) with one absence and adopted Planning Commission Resolution No. 11-23.
August 8, 2023 City Council Public Hearing
This project was originally scheduled for public hearing and consideration by the City Council on August 8, 2023 and it was placed as Item 4.1 on that meeting’s agenda.
Due to circumstances related to the underlying project, the item was continued to a date certain, September 12, 2023. Prior to the continuation, the Mayor announced that the City Council received two separate public comments on the item prior to the meeting, and allowed for any additional public comments of which there were none.
Since the item was announced to be continued to a date certain, no additional public noticing was required; therefore, the Notice of Public Hearing included as Attachment 2 to this Staff Report is the notice that was published, posted and mailed for the August 8, 2023 meeting.
Analysis
The Development Agreements Master Amendment is consistent with the objectives, policies, general land uses and programs in the ECCSP. It is also compatible with the uses authorized in, and the regulations prescribed for, the ECCSP, and is designed in compliance with the approved development plans in that it does not 363
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 5
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US result in any physical changes to any of the approved entitlements for any of the applicable Tentative Maps.
The Master Amendment is in conformity with public convenience, general welfare and good land use practice and will not be detrimental to the health, safety and general welfare in that the development in the ECCSP is responsible for much of the infrastructure improvements or cost-sharing for those improvements in and around the area that will benefit future residents and existing residents of Summer Lake South and areas in unincorporated Contra Costa County, such as along Dutch Slough Road and Sandmound Boulevard and on Bethel Island, and the term extension will increase the likelihood these projects are developed, and as a result, that infrastructure completed. The Master Amendment will not adversely affect the development of the properties in that the term extension will increase the chances they are able to be developed in the future.
Findings
Draft findings can be found in the proposed resolution.
Consistency with the Oakley Strategic Plan 27+
Approval of this application would be consistent with the Oakley Strategic Plan 27+ Community and Economic Development Goal by serving to preserve existing entitlements of the ECCSP which will help to implement the objective to “Plan and develop Cypress Corridor holistically with improvements and commerce to service new development to ease downtown traffic.” It will also serve to implement the Community Health and Safety Goal. Future development of these properties and the cooperation by the developer to be involved in project-related fair share agreements ensure crucial infrastructure such as improvements to East Cypress Road can be completed in a desirable timeframe. This type of improvement will result in a full right of way width with multi-modal travel design and enhanced pedestrian safety.
Fiscal Impact
The approval of these entitlements will not have an impact on 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. 364
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 6
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Staff Recommendation
Staff recommends the City Council waive the first reading and introduce the proposed ordinance approving the project titled, Grand Cypress Preserve Development Agreements Master Amendment (DA 01-23).
Attachments
1. Vicinity Map
2. Notice of Public Hearing (For Original Public Hearing Date of August 8, 2023)
3. Planning Commission Resolution 11-23
4. Grand Cypress Preserve Development Agreements Master Amendment
5. Proposed Ordinance
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Vicinity Map
Grand Cypress Preserve Development Agreements Master Amendment (DA 01-23) APNs: 020-140-048; 020-150-003; 032-050-003; 032-082-001; 032-082-005; 032-082-010; 032-082-011; and 032-082-013 Bethel Island Rd.
E. Cypress Rd.
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NOTICE OF PUBLIC HEARING
Notice is hereby given that on August 8, 2023 at 6:30 p.m., or as soon thereafter as the matter may be heard, the City Council of the City of Oakley will hold a Public Hearing at the Council Chambers located at 3231 Main Street, Oakley, CA 94561 for the purposes of considering an application as described below:
Project Name: Grand Cypress Preserve Development Agreements Master Amendment (DA 01- 23).
Project Location: Planning Areas 1, 3, 4, and 6-H of the East Cypress Corridor Specific Plan generally located at the eastern end of Oakley north and south of East Cypress Road, Oakley, CA 94561. APNs: 020-140-048; 020-150-003; 032-050-003; 032-082-001; 032-082-005; 032-082-010; 032-082-011; and 032-082-013.
Applicant: ACD-TI Oakley, LLC, 11611 San Vicente Blvd. Ste. #610, Los Angeles, CA 90049.
Attn: Andrew Han; [email protected]
Request: This is a request for approval of a Development Agreements Master Amendment (DA 01-23) that would apply to five separate Development Agreements to extend their terms from December 13, 2025 to December 13, 2035. The five existing Development Agreements apply to previously approved development projects made up of Planning Areas 1, 3, 4, and 6-H of the East Cypress Corridor Specific Plan. The development projects, commonly known as KT-KB Oakley LLC (Planning Area 1), Lesher Trust (Planning Area 1), Dal Porto South (Planning Area 3), Bethel Island LLC (Planning Area 4), and Pacific West Communities (Planning Area 6-H), are all part of a larger project known as “Grand Cypress Preserve”. All sites covered under the existing Development Agreements and applicable to the proposed Master Amendment are zoned SP-1 (East Cypress Corridor Specific Plan) District.
How to Review: The Staff Report and its attachments will be available for public review, on or before August 2, 2023 at City Hall, 3231 Main Street, Oakley, CA 94561 or online at www.ci.oakley.ca.us/agendas-minutes-videos-archive/ by navigating to the August 8, 2023 City Council agenda and clicking the project title link. (Note: City Hall is closed on the 1st and 3rd Fridays of each month). Interested persons are invited to submit written comments prior to and may testify at the public hearing. Written comments may be submitted to Ken Strelo, Planning Manager at the City of Oakley, 3231 Main Street, Oakley, CA 94561 or by email to [email protected].
NOTICE IS ALSO GIVEN pursuant to Government Code Section 65009(b) that, if this matter is subsequently challenged in Court by you or others, you may be limited to raising only those issues you or someone else has raised at a Public Hearing described in this notice or in written correspondence delivered to the City of Oakley City Clerk at, or prior to, the Public Hearing. 367
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk
City of Oakley
3231 Main Street
Oakley, CA 94561
_____________________________________________________________________ (Space Above This Line Reserved For Recorder’s Use)
This instrument is exempt from recording fees pursuant to Government Code section 27383.
Documentary Transfer Tax is $0.00 (exempt per Revenue & Taxation Code section 11922, Transfer to Municipality).
AMENDMENT TO CERTAIN
DEVELOPMENT AGREEMENTS BY AND BETWEEN
CITY OF OAKLEY AND ACD-TI OAKLEY, LLC
RELATING TO THE PROJECTS COMPRISING THE
“CYPRESS PRESERVE PROJECT” AND LOCATED IN THE
EAST CYPRESS CORRIDOR SPECIFIC PLAN AREA
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2 FIRST AMENDMENT TO
DEVELOPMENT AGREEMENTS
This FIRST AMENDMENT TO DEVELOPMENT AGREEMENTS ("First Amendment”) is entered into this ____ day of ________, 2023, by and between the City of Oakley, a California municipal corporation ("City"), and ACD-TI OAKLEY, LLC, a Delaware limited liability company (“Developer”), pursuant to California Government Code (“Government Code”) sections 65864 et seq. Developer and City are each sometimes individually referred to herein as a “Party” and collectively referred to herein as “Parties.”
RECITALS
This First Amendment is entered into upon the basis of the following facts, findings, understandings and intentions of the parties:
A. As of the Effective Date, Developer is the owner in fee of the following properties situated in the City of Oakley, California, as more particularly described as follows:
1. That approximately 357 acre real property legally described on Exhibit A-1 attached hereto, which real property is part of the area designated as “Planning Area 1” by the City’s East Cypress Corridor Specific Plan (“Specific Plan”) and is sometimes referred to herein as the “Lesher Property”;
2. That approximately 334.11 acre real property legally described on Exhibit A-2 attached hereto, which real property is part of the area designated as “Planning Area 1” by the Specific Plan and is sometimes referred to herein as the “KT-KB Property”;
3. That approximately 350.94 acre real property legally described on Exhibit A-3 attached hereto, which real property comprises the entirety of the area designated as “Planning Area 4” by the Specific Plan and is sometimes referred to herein as the “PA4 Property”;
4. That approximately 16.4 acre real property legally described on Exhibit A-4 attached hereto, which real property comprises the entirety of the area designated as “Planning Area 6-H” by the Specific Plan and is sometimes referred to herein as the “PA6- H Property”; and
5. That approximately 182.5 acre real property legally described on Exhibit A-5 attached hereto, which real property comprises the entirety of the area designated as “Planning Area 3” of the Specific Plan and is sometimes referred to herein as the “PA3 Property”. The Lesher Property, the KT-KB Property, the PA4 Property, the PA6-H Property and the PA3 Property are referred to herein collectively as the “Cypress Preserve Properties”.
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3 B As of the Effective Date, Developer, as successor in interest to the original developer party thereto, and the City are parties to the following development agreements with respect to the Cypress Preserve Properties:
1. With respect to the Lesher Property, that certain Development Agreement By And Between The City of Oakley And The Lesher Trust Relating To The Project Known As “Lesher Trust Property” with the City effective October 12, 2005 (Recorder's Document No. DOC-2005-0388735-00) ("Original Lesher Agreement"), which agreement was subsequently amended by that certain First Amended Development Agreement By And Between The City of Oakley And The Lesher Trust Relating To The Project Known As “Lesher Trust Property” dated January 10, 2012 (Recorder’s Document No. DOC-2012- 0102367-00) (“Lesher Agreement”). By its express terms, the Lesher Agreement superseded the Original Lesher Agreement in its entirety;
2. With respect to the KT-KB Property, that certain Development Agreement By And Between The City of Oakley And KT-KB Oakley LLC Relating To The Project Known As “Lesher/Dal Porto North, Planning Area 1” dated May 22, 2012 (Recorder’s Document No. DOC-2012-0160207-00) (“KT-KB Agreement”);
3. With respect to the PA4 Property, that certain Development Agreement By And Between The City of Oakley And Bethel Island LLC Relating To The Project Known As “Bethel Island, LLC, Planning Area 4” dated January 26, 2012 (Recorder’s Document No.
DOC-2012-0029930-00) (“Bethel Agreement”);
4. With respect to the PA6-H Property, that certain Development Agreement By And Between The City of Oakley And Pacific West Communities, Inc. Relating To The Project Known As “Planning Area 6-H” dated January 24, 2012 (Recorder’s Document No. DOC-2012-0029931-00) (“PacWest Agreement”); and
5. With respect to the PA3 Property, that certain Development Agreement By And Between The City of Oakley And ACD-TI Oakley, LLC Relating To The Area Known As “Dal Porto South, Planning Area 3” dated January 4, 2016 (Recorder’s Document No.
DOC-2016-0007999-00) (“Dal Porto Agreement”). The Lesher Agreement, the KT-KB Agreement, the Bethel Agreement, the PacWest Agreement and the Dal Porto Agreement are referred to herein collectively as the “Development Agreements”.
C. Pursuant to Section 1.4 of each of the Development Agreements, the Term of each of the Development Agreements (“Term”) is scheduled to expire on December 13, 2025. Given the current state of the economy and its negative effect on market orientation, interest rates, and housing demand, and in order to reduce the risk of development in light of such adverse economic conditions, the Parties now desire to extend the Term of each of the Development Agreements as provided herein.
D. The Planning Commission, after duly noticed public hearing, recommended approval of this First Amendment on July 18, 2023 pursuant to Resolution No. 11-23. The City Council, after duly noticed public hearings, adopted Ordinance No. approving this First Amendment and authorizing its 373
4 execution on _____________, 2023. Ordinance No. ________________ became effective on ______________, 2023 (“Enacting Ordinance”).
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and other valuable consideration and pursuant to Section 4.1 of the Development Agreement, the parties hereto agree to the following:
1. Defined Terms. All capitalized terms used herein shall have the meanings given in the Development Agreement, except as expressly otherwise defined in this First Amendment.
2. Enumeration of Specific Amendments. The Development Agreement is hereby revised to incorporate the following amendments.
2.1 Amendments to Term. The date “December 13, 2025,” as set forth in Section 1.4 of each of the Lesher Agreement, the KT-KB Agreement, the PacWest Agreement, the Dal Porto Agreement, and the Bethel Agreement, is hereby deleted in its entirety and replaced with the date “December 13, 2035” and thereby extend the Term of each such agreement an additional ten (10) years beyond December 13, 2025.
2.2 Life of Subsequent Approvals. Section 2.1 of the Lesher Agreement is hereby amended to add new subsection (j) thereto, Section 2.1 of the Bethel Agreement is hereby amended to add new subsection (h) thereto, Section 3.1 of the KT-KB Agreement is hereby amended to add new subsection (h) thereto, and Section 3.1 of the PacWest Agreement is hereby amended to add new subsection (i) thereto, and subsection (h) of Section 3.1 of the Dal Porto Agreement is hereby deleted in its entirety and said Section 3.1 is hereby amended to add new subsection (h), all of which new subsections are as set forth below:
Life of Subsequent Approvals. The term of any Subsequent Approval shall automatically be extended for the longer of the duration of the Term of this Agreement (including any extensions) or the term otherwise applicable to such Subsequent Approval. The Term of this Agreement and the term of any subdivision map or other Subsequent Approval shall be tolled and extended during the period of time during which (i) a development moratorium (including, but not limited to, a water or sewer moratorium or water and sewer moratorium), or (ii) the actions or inactions of other public agencies that regulate land use, development, or the provision of services to the land, prevents, prohibits, or delays development of the Property, or (iii) a lawsuit involving any such development approvals or permits is pending.
2.3 Additional Clarification of East Cypress Corridor Specific Plan Environmental Impact Report (“EIR”) Mitigation Measures. The EIR adopted by the City Council (City Council Resolution 46-09) on March 10, 2009 for the East Cypress Corridor Specific Plan includes Mitigation Measures that relate to the timing of 374
5 construction of the Bethel Island Bridge that is planned to cross over Rock Slough and continue south to the intersection with Delta Road. Construction of the bridge is required by Mitigation Measures 3.8-12, 3.13-4, and 3.13-16. Details of those MMs require the first two lanes of the bridge be constructed before 20% of the project (800 units) is constructed. This section is to clarify that based on the language in the Agreement Between Contra Costa County and City of Oakley Relating to Transition of Municipal Services, Collection of Fees and Maintenance of Infrastructure Upon Annexation of the East Cypress Corridor Specific Plan Area (City-County Transition Agreement) and the ECCSP EIR, the Summer Lake South project (built out) and Summer Lake North project residential units are not counted toward the 800 units to prompt implementation of these mitigation measures.
3. Continued Effectiveness. Except as expressly modified by this First Amendment, all of the Development Agreements remain unmodified and in full force and effect in accordance with their terms, and the Parties mutually acknowledge and agree that the Parties are in full compliance with the provisions thereof.
4. Effective Date and Recordation. The "Effective Date" of this First Amendment shall be the effective date of the Enacting Ordinance. The Parties shall execute this Frist Amendment promptly following the Effective Date, whereupon the City shall record this First Amendment in accordance with Government Code section 65868.5. In the event City shall fail for any reason to timely record this First Amendment as set forth herein, Developer shall have the right to record this First Amendment in the official records of Contra Costa County.
5. Exhibits. The following exhibits are attached to this Third Amendment and are hereby incorporated herein by this reference for all purposes as if set forth herein in full:
Exhibit A-1 Legal Description of Lesher Property
Exhibit A-2 Legal Description of the KT-KB Property
Exhibit A-3 Legal Description of the PA4 Property
Exhibit A-4 Legal Description of the PA6-H Property
Exhibit A-5 Legal Description of the PA3 Property
6. Construction. This First Amendment has been reviewed and revised by legal counsel for both City and Developer, and no presumption or rule that ambiguities be construed against the drafting Party shall apply to the interpretation or enforcement of this First Amendment. The Recitals contained in this First Amendment, and the introductory paragraph preceding the Recitals, are hereby incorporated into this First Amendment as if fully set forth herein.
7. Severability. If any portion, part, article, section, subsection, subdivision, sentence, phrase, word, term, provision, covenant, or condition of this First Amendment (each a “Portion”) or the application of any Portion of this First Amendment to a 375
6 particular situation is held by a court or other authority of competent jurisdiction to be invalid, void or unenforceable, such Portion shall be considered severed from this First Amendment and the remainder of this First Amendment, or the application of this First Amendment to other situations, shall continue in full force and effect unless amended or modified by the mutual consent of the Parties.
8. Cooperation in the Event of Challenge. In the event of any legal or equitable acts, action or other proceeding instituted by a third-party, other governmental entities or officials challenging the validity of this First Amendment or any Portion thereof, the Parties hereby agree to cooperate in defending said action or proceeding.
9. Counterparts. This First Amendment may be executed in two duplicate counterparts, each of which is deemed to be an original. [This space intentionally blank]
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7 IN WITNESS WHEREOF, City and Developer have executed this First Amendment as of the date first written above.
"CITY"
City of Oakley, a municipal corporation
By:
Joshua McMurray, City Manager
APPROVED AS TO FORM:
By:
Derek P. Cole, City Attorney
“DEVELOPER”
ACD-TI OAKLEY, LLC,
a Delaware limited liability company
By: TI Capital Management, LLC, a
Delaware limited liability company, its Sole
Member
By: _____________________________
Name: Ziad Ghandour
Its: Sole Member
[signature must be notarized]
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF )
On _________________________ before me
_________________________________________ (insert name and title of the officer) personally appeared
______________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______________________________ (Seal)
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF )
On _________________________ before me
_________________________________________ (insert name and title of the officer) personally appeared
______________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______________________________ (Seal)
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EXHIBIT A-1
LEGAL DESCRIPTION OF THE LESHER PROPERTY
The land referred to is situated in the County of Contra Costa, City of Oakley, State of California, and is described as follows:
PARCEL ONE:
A portion of the South 1/2 of Section 21, and a portion of the North 1/2 of Section 28, Township 2 North, Range 3 East, Mount Diablo Base and Meridian, as described in the Gift Deed from Laura Mae Dutra to her daughter, Hetty Louise Wilkie, filed August 27, 1976, in Book 7995 of Official Records, Page 158, Contra Costa County Records, being more particularly described as follows:
Commencing at the Southwest corner of Section 21; Township 2 North, Range 3 East, Mount Diablo Base and Meridian; thence leaving said point of commencement North 89° 54’ 46” East 30.00 feet (North 89° 33’ 30” East 30.00 feet) to the true point of beginning, said point of beginning being a point on the Eastern line of Jersey Island Road, a 60 foot wide county road; thence leaving said point of beginning Northerly along said Eastern line, said Eastern line being common with the Western line of that parcel of land described in the deed from Frank R. Shellenberger and Idalyne J.
Shellenberger to Frank J. Dutra and Laura Mae Dutra, recorded September 24, 1958, in Book 3233 of Official Records, Page 587, Contra Costa County Records, North 0° 06’ 24” East 980.10 feet (North 0° 32’ West 982.77 feet) to the Southwestern corner of that parcel of land described in the deed from Frank R. Shellenberger and ldalyne J.
Shellenberger to Anthony J. Dal Porto and Edith M. Dal Porto, recorded April 3, 1952, in Book 1914 of Official Records, Page 212, Contra Costa County Records; thence leaving said common corner, Easterly along the Southern line of said Dal Porto Parcel (1914 OR 212) North 89° 18’ 47’ East 3975.97 feet (North 89° 18’ East 3975.97 feet) to the Southeastern corner of said Dal Porto Parcel (1914 OR 212); thence leaving said Southern line and said Southeastern corner Southerly along the Eastern line of the aforesaid Dutra parcel (3233 OR 587) the following courses and distances: South 5° 45’ 47” West 1.97 feet (South 5° 40’ West 1.97 feet); thence South 26° 09’ 02” East 1181.27 feet (South 25° 58’ 30” East 1182.4) to a point on the Northerly line of that parcel of land described in the deed from the Bank of America National Trust and Savings Association to Angelo Gill, et ux., recorded February 24, 1942, in Book 725 of Official Records, Page 82, Contra Costa County Records; thence leaving said Eastern line Westerly along the Northern lines of said Gill Parcel (725 OR 82) the following courses and distances: North 87° 19’ 56” West 50.90 feet (North 87° 21’ West 50.9 feet); thence North 89° 48’ 56” West 775.27 feet (North 89° 50’ West 775.27 feet) to the Northwestern corner of said Gill Parcel (725 OR 82), said Northwestern corner being common with the Northeastern corner of that parcel of land described in the Deed to Frank J. Dutra and Laura Mae Dutra, his wife, recorded in Book 3338 of Official Records, Page 62, Contra Costa County Records; thence leaving said common corner Westerly along the Northern line of said Dutra Parcel (3338 OR 62), said Northern line being common with the Southern line of said Dutra Parcel (3233 OR 587) South 89° 18’ 380
47” West 3671.25 feet (South 89° 18’ West 3657.9 feet) to the Northwestern corner of the aforesaid Dutra Parcel (3338 OR 62), said Northwestern corner being common with the Southeastern corner of the aforesaid Dutra Parcel (3233 OR 587); thence leaving said common corner Northerly along the aforesaid Eastern line of Jersey Island Road, a 60 foot wide County Road, North 0° 38’ 45” West 73.70 feet (North 0° 21 West 73.7 feet) to the point of beginning.
EXCEPTING THEREFROM: The oil, gas, minerals and other hydrocarbons as reserved in the Deed from Bank of America National Trust and Savings Association to Frank R.
Shellenberger, dated May 24, 1943, recorded June 18, 1943, in Book 734 of Official Records, Page 165, Contra Costa County Records.
Being APN 032-082-005
PARCEL TWO:
INTENTIONALLY DELETED
PARCEL THREE:
A portion of the North 1/2 of Section 28, Township 2 North, Range 3 East, Mount Diablo Base and Meridian, as described in the Gift Deed from Laura Mae Dutra to her daughter Hetty Louise Wilkie, filed August 27, 1976, in Book 7995 of Official Records, Page 158, Contra Costa County Records, being more particularly described as follows:
Commencing at the corner common to Sections 20, 21, 28 and 29, of Township 2 North, Range 3 East, Mount Diablo Base and Meridian; thence leaving said point of commencement North 89° 54’ 46” East, 30.00 feet (North 89° 33’ 30” East 30.00 feet) to a point on the Eastern line of Jersey Island Road, a 60 foot wide county road; thence Southerly along said Eastern line, said Eastern line being common with the Western line of that parcel of land described in the deed from Frank R. Shellenberger and ldalyne J. Shellenberger to Frank J. Dutra and Laura Mae Dutra, recorded September 24, 1958, in Book 3233 of Official Records, Page 587, Contra Costa County Records, South 0° 38’ 45” East 73.7 feet (South 0° 21’ East 73.7 feet) to the true point of beginning; said point of beginning being common with the Southwestern corner of said Dutra Parcel (3233 OR 587) and said Southwestern corner being common with the Northwestern corner of parcel of land described in the deed to Frank J. Dutra and Laura Mae Dutra, his wife, recorded in Book 3338 of Official Records, Page 62, Contra Costa County Records; thence leaving said point of beginning and said common corner Easterly along the Northern line of the said Dutra Parcel (3338 OR 62), said Northern line being common with the Southern line of said Dutra Parcel (3233 OR 587) North 89° 18’ 47” East 3671.25 feet (North 89° 19’ East 3657.9) to the Northeastern corner of the aforesaid Dutra Parcel (3338 OR 62), said Northeastern corner being common with the Northwestern corner of that parcel of land described in the deed from the Bank of America National Trust and Savings Association to Angelo Gill, et ux, recorded February 24, 1942, in Book 725 of Official Records, at Page 82, Contra Costa County Records; thence Southerly along the Western lines of said Gill Parcel (725 OR 82) the 381
following courses and distances: South 8° 33’ 56” East 540.86 feet (South 8° 35’ West 540.86 feet); thence South 26° 06’ 56” East 418.46 feet (South 26° 08’ East 418.46 feet) to the Southwestern corner of said Gill Parcel; thence leaving said Southwestern corner Easterly along the Southern line of said Gill Parcel (725 OR 82) North 89° 21’ 04” East 1157.89 feet (North 89° 20’ East 1157.89 feet) to the Southeastern corner of said Gill Parcel (725 OR 82), said Southeastern corner being a point on the Western line of Bethel Island Road a 60 foot wide county road; thence leaving said Southeastern corner Southerly along said Western line South 0° 30’ 56” East 1557.20 feet (South 0° 32’ East 1557.2 feet); thence along a tangent curve, concave to the Northwest and having a radius of 50.00 feet through a central angle of 89° 38’ 56” an arc distance of 78.23 feet (central angle of 89° 40’ an arc distance of 78.25 feet) to a point of the Northern line of Cypress Road, a 60 foot wide county road; thence Westerly along said Northern line South 89° 08’ 00” West 4892.11 feet (South 89° 08’ West 4892.5 feet) to a point on the Northeastern line of the ten foot wide strip of land described in the deed from the Bank of America National Trust and Savings Association, to Earl M. Harrington, et ux, dated March 21, 1940 and recorded April 27, 1940, in Book 534 of Official Records,
Northwesterly along said Northeastern line North 45° 25’ 00” West 196.23 feet (North 45° 25’ West 195.4 feet) a point on the aforesaid Eastern line of Jersey Island Road, a 60 foot wide county road; thence leaving said Northeastern line Northerly along said Eastern line North 0° 38’ 45” West 2397.42 (North 0° 21’ West 2396.9 feet) to the point of beginning.
EXCEPTING THEREFROM: The oil gas, minerals and other hydrocarbons as reserved in the deed from Bank of America National Trust and Savings Association, a National Banking Association, to Charles E. Peterson, et at., dated June 17, 1943, recorded February 21, 1944, in Book 773 of Official Records, Page 26, Contra Costa County Records. Said Reservation also provides for all easements and rights necessary or convenient for production, storage and transportation thereof and exploration and testing of said property.
FURTHER EXCEPTING THEREFROM, that portion described in that certain Offer of Dedication – Road Purposes (fee title) to Contra Costa County, a political subdivision of the State of California, and its successors or assigns, recorded December 30, 2005, as Instrument No. 2005- 0499229, Contra Costa County Records.
Being APN 032-082-013
382
EXHIBIT A-2
LEGAL DESCRIPTION OF THE KT-KB PROPERTY
The land referred to is situated in the County of Contra Costa, City of Oakley, State of California, and is described as follows:
PARCEL ONE:
Portion of the South 1/2 of Section 21, Township 2 North, Range 3 East, Mount Diablo Base and Meridian, described as follows:
Commencing at the Southwest corner of said Section 21; thence from said point of commencement North 89° 33’ 30” East, 30 feet to the East line of a County Road; thence North 0° 32’ West along said East line, 982.77 feet to the actual point of beginning of the herein described parcel of land; thence from said point of beginning North 0° 32’ West, continuing along said East line, 814.53 feet to the South line of the parcel of land described in the Deed to Anthony J. Dal Porto, et ux, recorded April 3, 1941, Book 576 Official Records, Page 350; thence along said South line South 89° 21’ East, 519.6 feet and South 85° 30’ East, 1616.9 feet; thence leaving said South line South 1° 33’ East, 6 feet to the center of a drainage ditch; thence South 85° 41’ 30” East, 1668.6 feet along said center line to a point on the Southwest line of said Dal Porto parcel; thence South 40° 34’ East along said Southwest line, 277.8 feet to an iron pipe at the Southeast corner of said Dal Porto parcel; thence South 40° 34’ East, 49.5 feet to the center line of a drainage canal; thence South 5° 40’ West along said center line, 254.43 feet; thence South 89° 18’ West, 3975.97 feet to the point of beginning.
EXCEPTING FROM PARCEL ONE: The oil, gas, minerals and other hydrocarbons as reserved in the Deed from Bank of America National Trust and Savings Association, recorded June 18, 1943, Book 734 Official Records, Page 165.
PARCEL TWO:
Portion of Section 21, Township 2 North, Range 3 East, Mount Diablo Base and Meridian, described as follows:
Beginning at a point on the Southerly bank of Dutch Slough which bears South 83° 26’ West, 288.9 feet from the most westerly corner of the tract of land described in the Deed to Bolusiano Perez, et ux, recorded October 10, 1940, Book 559 Official Records, Page 259; thence from said point of beginning South 44° East, 436.5 feet to a point on the Westerly bank of a drainage canal; thence along said bank South 51° 43’ East, 1547.2 feet; South 10° 3’ East, 1340 feet and South 5° 48’ West, 1197.8 feet to a black pipe; thence North 40° 34’ West, 959 feet to a black pipe; thence North 85° 43’ West, 1237.4 feet to a black pipe; thence South 1° 33’ East, 478.7 feet to a black pipe; thence North 85° 30’ West, 1616.9 feet to a black pipe; thence North 89° 21’ West, 539.13 feet to a black pipe on the East line of the County Road; thence along the East line of the County Road North 0° 25’ West, 1211.1 feet; North 0° 10’ West, 622.6 feet and North 0° 15’ East, 561.1 feet to the Southwest corner of the tract of land described in the Deed to 383
Herbert S. Miller, et al, recorded December 31, 1931, Book 295 Official Records, Page 101; thence along the South line of said tract South 89° 45’ East, 569 feet to the Southeast corner thereof; thence North 0° 15’ East along the East line of said tract and the extension Northerly thereof, 933.1 feet to the Southerly bank of Dutch Slough; thence along said Southerly bank South 88° 5’ East, 356.7 feet; North 82° 26’ East, 354.6 feet; South 89° 23’ East, 497.2 feet and South 85° 32’ East, 597.1 feet to the point of beginning.
EXCEPTING FROM PARCEL TWO:
1. Reservations for oil, gas and other hydrocarbons and minerals and certain appurtenant rights, as provided for in the Deed from Bank of America National Trust and Savings Association, recorded April 3, 1941, Book 576 Official Records, page 350.
2. The parcel of land described in the Deed to Claude L. Sump, recorded April 15, 1944, Book 773 Official Records, Page 285 (not excepting however, the right of way reserved in said Deed (773 OR 285).
3. The parcel of land described in the Deed to Hylas B. Baldwin, et ux, recorded April 26, 1944, Book 774 Official Records, Page 363, not excepting however, the right of way reserved in said Deed (774 OR 363).
4. The parcel of land described in the Deed to J. B. Baldwin, et ux, recorded May 8, 1944, Book 606 Official Records Page 211, not excepting however, the right of way reserved in said Deed (606 OR 211).
5. The tract of land designated on the Map of Dutch Slough Subdivision filed April 12, 1944, Map Book 27, Page 21, Contra Costa County Records.
PARCEL THREE:
A right of way (not to be exclusive) created in reference to the premises in the deed to Claude L. Sump, et ux, recorded April 15,1944, Book 773, Page 285 of Official Records; in the deed to Hylas B. Baldwin, et ux, recorded April 26,1944, Book 774, Page 363 of Official Records and in the deed to J.B. Baldwin, et ux, recorded May 8,1944, Book 606,
and animals, for water, gas, oil and sewer pipe lines, and for telephone, electric light and power lines, together with the necessary poles or conduits to carry said lines over the following described strips of land:
1) A strip of land bounded as follows: On the north by the south bank of Dutch Slough; on the east by the west line of the tract of land designated on the map of Dutch Slough Subdivision, filed April 12,1944, Map Book 27, Page 21, Contra Costa County Records; on the south by the south line of the existing road along the top of the levee and on the west by the parcel of land described in the deed to Anthony Dal Porto, et ux, recorded April 3,1941, Book 576, Page 350 of Official Records.
384
2) The strip of land described as Parcel One in the deed to Anthony J. Dal Porto, et ux, recorded April 12, 1944, Book 606, Page 108 of Official Records.
PARCEL FOUR:
Portion of the Northeast 1/4 of the Southwest 1/4 and portion of the Northwest 1/4 of the Southeast 1/4 of Section 21, Township 2 North, Range 3 East, Mount Diablo Base and Meridian, described as follows: Commencing at the Southeast corner of the parcel of land described in the Deed to Anthony J. Dal Porto, et ux, recorded April 3, 1941, Book 576 Official Records, Page 350; thence from said point of commencement North 40° 34’ West along the South line of said Dal Porto parcel, 576 Official Records, Page 350, 177.8 feet to the actual point of beginning of the herein described parcel of land; thence from said point of beginning and continuing along said South line North 40° 34’ West, 581.2 feet; North 85° 43’ West, 1237.4 feet and South 1° 33’ East, 478.7 feet; thence leaving said South line and continuing South 1° 33’ East, 6 feet to the center line of a drainage ditch; thence South 85° 41’ 30” East, along said center line, 1668.6 feet to the point of beginning.
EXCEPTING FROM PARCEL FOUR: Rights saved, excepted and reserved in the Deed from Bank of America National Trust and Savings Association, recorded June 25, 1943, Book 735 Official Records, Page 282, as follows:
“All oil, gas and other hydrocarbons and minerals now or at any time hereafter situate therein and thereunder, together with all easement and rights necessary or convenient for the production, storage and transportation thereof and the exploration and testing of the said real property and also the right to drill for, produce and use water from the said real property in connection with its drilling or mining operations thereon.” EXCEPTING FROM PARCELS ONE, TWO AND FOUR ABOVE:
Rights granted in that certain Corrective Quitclaim Deed, from KT-KB Oakley LLC, a California limited liability company to Robert A. Dal Porto, Sr. and Donald J. Dal Porto dated July 18, 2005, Series No. 2005-0267032, Contra Costa County Records.
APN: 032-082-001
385
EXHIBIT A-3
LEGAL DESCRIPTION OF THE PA4 PROPERTY
The land referred to is situated in the County of Contra Costa, City of Oakley, State of California, and is described as follows:
PARCEL ONE
Portion of Section 33 and portion of Section 34, Township 2 North, Range 3 East, Mount Diablo Base and Meridian, described as follows:
Beginning at the corner common to Sections 27, 28, 33 and 34, and running thence along the line common to Sections 27 and 34, South 89° 43' East, 814.2 feet to an iron pipe; thence South 0° 23' 30" West, 2560.2 feet to an iron post; thence South 0° 23' 30" West, 75.6 feet to a point on the East and West midsection line of said Section 34; thence along said midsection line South 89° 54' 15" West, 640.4 feet to a point on the Northeasterly line of the right of way of the Contra Costa Canal; thence along said Northeasterly line North 44° 35' West, 3724.9 feet to a point on the line common to Sections 28 and 33; thence along said common line South 89° 43' East, 2458.9 feet to the point of beginning.
Excepting from Parcel One:
"Said Grantors present 2/7ths interest in and to their mineral rights in said real property", as reserved in the Deed from Mario A. Bertone and Mary M. Bertone, Trustees of the Mario and Mary Bertone Family Trust dated June 12, 1991, recorded October 10, 1997, Series No. 97- 193264, Contra Costa County Records.
1. That portion thereof described in the Deed to Contra Costa Water District, recorded March 26, 2010, Series No. 2010-59168, Official Records.
2. Any portion of said land which is or ever was tide or submerged lands.
APN: 020-140-048
PARCEL TWO
Portion of the North 1/2 of Section 34, Township 2 North, Range 3 East, Mount Diablo Base and Meridian, described as follows:
Beginning at an iron pipe on the line common to Sections 27 and 34, which pipe bears South 89° 43' East, 814.2 feet from the corner common to Sections 27, 28, 33 and 34, and running thence along said common line South 89° 43' East, 4184.1 feet to an iron pipe; thence continuing along said common line South 89° 43' East, 281.7 feet to the corner common to Sections 26, 27, 34 and 35; thence along the line common to Sections 34 and 35 South 1° 01' West, 2606.6 feet to the East quarter corner of said 386
Section 34; thence along the East and West midsection line of said Section 34 South 89° 54' 15" West, 4437.6 feet; thence North 0° 23' 30" East, 75.6 feet to an iron post; thence North 0° 23' 30" East, 2560.2 feet to the point of beginning.
Excepting from Parcel Two:
1. That portion of Parcel Two reserved in the Deed from Title Insurance and Trust Company (Trustee), recorded March 21, 1974, Book 7182, Page 27, Official Records, as follows:
"Beginning at the Northeasterly corner of Parcel Two above, running thence along the Easterly line thereof South 1° 01' West, 1717.51 feet; thence North 88° 59' West, 900 feet; thence North 01° 01' East, 1707.00 feet to the Northerly line of said Parcel Two; thence along said line 900.07 feet to the point of beginning."
2. "Said Grantors present 2/7ths interest in and to their mineral rights in said real property", as reserved in the Deed from Mario A. Bertone and Mary M. Bertone, Trustees of the Mario and Mary Bertone Family Trust dated June 12, 1991, recorded October 10, 1997, Series No. 97-193264, Contra Costa County Records.
3. Any portion of said land which is or ever was tide or submerged lands.
APN: 020-150-003
PARCEL THREE
The right of way described in the deed from West Coast Life Insurance Company to W.
J. O'Hara, et ux, dated April 6, 1943 and recorded September 18, 1943, in Book 750,
Frank J. Dutra and Laura May Dutra, his wife, dated April 6, 1943 and recorded November 4, 1943, in Book 750, page 456, Official Records, and as reserved in the deed from Arthur E. Honegger, et ux, to Jerry E. Duarte, et ux, dated December 9, 1975 and recorded January 21, 1976, in Book 7743, page 240, Official Records, described as follows:
A non-exclusive right of way for use as a roadway for vehicles of all kinds, pedestrians and animals, and as a right of way for water, gas, oil and sewer pipe lines, and for telephone, electric light and power lines, together with the necessary poles or underground conduits to carry said lines over the following described parcel:
Beginning at the southeast corner of the Southwest quarter of the Northwest quarter of Section 33 in Township 2 North, Range 3 East, Mount Diablo Base and Meridian, and running thence along the east line of said Southwest quarter North 0° 19' East, 35.0 feet;, thence South 89° 51' East, 3738.8 feet to a point of the southwesterly line of the right of way of the Contra Costa Canal; thence along said southwesterly line South 44° 35' East, 49.3 feet to a point of the east and west midsection line of said Section 33; 387
thence along said midsection line North 89° 51' West, 3773.6 feet to the point of beginning.
PARCEL FOUR
A right of way [not to be exclusive] created in reference to the premises in the deed from Dante Massoni, et ux, recorded May 24, 1950, Book 1563, page 381, Official Records, for use as a roadway for vehicles of all kinds, pedestrians and animals, for water, gas, oil and sewer pipe lines, and for telephone, electric light and power lines, together with the necessary poles or conduits to carry said lines over a strip of land 50 feet in width the north line of which is parallel with and 50 feet northerly, measured at right angles, from the south line thereof and which south line is described as follows:
Beginning on the east-west midsection line of Section 33, Township 2 North, Range 3 East, Mount Diablo Base and Meridian, at the most easterly corner of Parcel One, described in the deed to Arthur H. Honegger, et ux, recorded May 24, 1950, Book 1563, page 381, Official Records, thence from said point of beginning North 83° 51' West, along said midsection line 1635.52 feet to a west line of Parcel One above.
PARCEL FIVE INTENTIONALLY DELETED
PARCEL SIX
A non-exclusive easement as an appurtenance to Parcels One and Two above, granted in the Deed to Arthur E. Honegger recorded August 27, 1976, Book 7994, Page 172, Official Records, "for use as a roadway for vehicles of all kinds, pedestrians and animals, for water, gas, oil and sewer pipe lines, and for telephone, electric light and power lines, together with the necessary poles or conduits. Said easement is a strip of land 20 feet wide, right angle measurement, in, under, over, along and across a corridor of land in the Easterly line of which is described as follows:
A portion of Section 28, Township 2 North, Range 3 East, Mount Diablo Base and Meridian, described as follows:
"Beginning at the Southeast corner of said Section 28, being also the common corner of Sections 27, 28, 33 and 34; running thence along the Eastern boundary line of Section 28, North 00° 18' West, 2645.2 feet to the East center line extension of Cypress Road, being also the North line, of the South one half of said Section 28, being also the West one quarter corner of said Section 27.
The West line shall be lengthened or shortened so as to create a strip of land of the uniform width of 20 feet."
PARCEL SEVEN
A non-exclusive easement as an appurtenance to Parcels One and Two above, granted 388
in the Deed to Arthur E. Honegger, recorded August 27, 1976, Book 7994, Page 175, Official Records, "for use as a roadway for vehicles of all kinds, pedestrians and animals, for water, gas, oil and sewer pipe lines, and for telephone, electric light and power lines, together with necessary poles or conduits. Said easement is a strip of land 20 feet wide, right angle measurement, in, under, over, along and across a corridor of land the Western boundary of which is described as follows:
A portion of Section 27, Township 2 North, Range 3 East, Mount Diablo Base and Meridian, described as follows:
"Beginning at the Southwest corner of said Section 27, being also the common corner of Sections 27, 28, 33 and 34; running thence along the Western boundary line of Section 27, North 00° 18' West, 2645.2 feet to the East center line extension of Cypress Road, being also the North line, of the South one half, of said Section 27, being also the West one quarter corner of said Section 27. The East line shall be lengthened or shortened so as to create a strip of land of the uniform width of 20 feet." 389
EXHIBIT A-4
LEGAL DESCRIPTION OF THE PA6-H PROPERTY
The land referred to is situated in the County of Contra Costa, City of Oakley, State of California, and is described as follows:
Parcel One:
Parcel “C”, as shown on the Parcel Map, filed August 12, 1968, in Book 4 of Parcel Maps, Page 49, Contra Costa County Records.
EXCEPTING THEREFROM: All oil, gas, casinghead gas, asphaltum and other hydrocarbons and all chemical gas, now or hereafter found, situated or located in all or any part or portion of the lands described herein lying more than 500 feet below the surface thereof, together with the right to slant drill for and remove all or any of said oil, gas, casinghead gas, asphaltum and other hydrocarbons and chemical gas lying below a depth of more than 500 feet below the surface thereof, but without any rights whatsoever to enter upon the surface of said land or upon any part of said lands within 500 feet vertical distance below the surface thereof, as reserved in the deeds from Bank of America National Trust and Savings Association, a national banking association, recorded December 16, 1942, in Book 712, Page 339, and on August 27, 1968, in Book 5697, Page 150 of Official Records of Contra Costa County.
Being APN 032-082-010
Parcel Two:
Parcel “D”, as shown on the Parcel Map, filed August 12, 1968, in Book 4 of Parcel Maps, Page 49, Contra Costa County Records.
EXCEPTING THEREFROM: All oil, gas, casinghead gas, asphaltum and other hydrocarbons and all chemical gas, now or hereafter found, situated or located in all or any part or portion of the lands described herein lying more than 500 feet below the surface thereof, together with the right to slant drill for and remove all or any of said oil, gas, casinghead gas, asphaltum and other hydrocarbons and chemical gas lying below a depth of more than 500 feet below the surface thereof, but without any rights whatsoever to enter upon the surface of said land or upon any part of said lands within 500 feet vertical distance below the surface thereof, as reserved in the deeds from Bank of America National Trust and Savings Association, a national banking association, recorded December 16, 1942, in Book 712, Page 339, and on August 27, 1968, in Book 5697, Page 150 of Official Records of Contra Costa County.
Being APN 032-082-011
390
EXHIBIT A-5
LEGAL DESCRIPTION OF THE PA3 PROPERTY
The land referred to is situated in the County of Contra Costa, City of Oakley, State of California, and is described as follows:
Parcel One:
Portion of the South 1/2 of Section 28, Township 2 North, Range 3 East, Mount Diablo Base and Meridian, described as follows:
Beginning on the North line of the South 1/2 of said Section 28 at the Northeast line of the 260 feet in width strip of land described in the Deed from Bank of America National Trust and Savings Association to United States of America, dated November 30, 1937, and recorded June 16, 1938, in Book 473 of Official Records, Page 2; thence from said point of beginning South 44° 35' East along said Northeast line to the South line of said Section 28; thence North 89° 58' East along said South line to the East line of said Section 28; thence North 0° 18' East along said East line to the North line of the South 1/2 of said Section 28; thence South 89° 58' West along said North line to a point which bears North 0° 02' West, 30 feet from the Northeast corner of the parcel of land described in the Deed from O.V. Strickland, et ux, to A.J. Cooley, dated June 10, 1950 and recorded June 27, 1950, in Book 1582 of Official Records, Page 460; thence South 0° 02" East at 30 feet the Northeast corner of said Cooley parcel, a total distance of 435.6 feet to the Southeast corner thereof; thence South 89° 58" West along the South line of said Cooley parcel, 1582 O.R. 460, and along the direct extension South 89° 58' West thereof to the Northeast line of the 125 feet in width strip of land described as Parcel 5 in the Judgment entered November 15, 1930, under action No. 30173, in the district court of the United States in and for the Northern district of California, Southern division, a certified copy of which was recorded November 15, 1950, in Book 1668 Official Records, Page 494; thence North 30° 53' 47" West along said Northeast line and along the extension Northerly thereof to the North line of the South 1/2 of said Section 28; thence South 89° 58' West along said North line to the intersection thereof with the Southwest line of said United States of America Parcel, 1668 or 494, extended North 30° 53' 47" West; thence South 30° 53' 47" East, along said extended line and along the Southwest line of said United States of America parcel, 1668 or 494, to a point which bears North 89° 58' East from the Southeast corner of the parcel of land described in the Deed from O.V. Strickland, et ux, to Eugene Conness, et ux, dated April 10, 1950 and recorded April 11, 1950, in Book 1536 of Official Records, Page 123; thence South 89° 58' West to the Southeast corner of said Conness parcel, 1536 O.R. 123; thence South 89° 58' west along the South line of said Conness parcel and along the direct extension South 89° 58' West thereof to the Southeast corner of the parcel of land described in the Deed from O.V. Strickland, et ux, to Dora M. Henry, et vir, dated June 27, 1949, and recorded July 25, 1949, in Book 1416 of Official Records, Page 274; thence South 89° 58' West along the South line of said Henry Parcel, 1416 O.R. 274, 68.24 feet; thence South 89° 58' West to a point which is 45 feet Northeasterly measured at right angles from the Northeast line of said United States of America Parcel, 473 O.R. 2; thence North 44° 35' West parallel with the Northeast line of said 391
United States of America Parcel to the North line of the South 1/2 of the said Section 28; thence South 89° 58' West along said North line to the point of beginning.
EXCEPTING THEREFROM:
"All oil, gas and other hydrocarbons and minerals now or at any time hereafter situate therein and thereunder", as reserved in the Deed from Bank of America National Trust and Savings Association to Earl M. Harrington, et ux, dated March 21, 1940 and recorded April 27, 1940, in Book 534 of Official Records, Page 309.
1. The interest conveyed to Contra Costa County by Deed from Earl M. Harrington, et ux, dated September 22, 1941 and recorded October 16, 1941, in Book 633 of Official Records, Page 44, "For Use as a Public Highway" over that portion of the premises lying within Cypress Road and Bethel Island Road.
2. Parcel "A", as shown on Parcel Map MS 950010, filed February 24, 2000, Parcel Map Book 178, Page 15, Contra Costa County Records.
Parcel Two:
The easement conveyed in the Deed from Arthur E. Honegger, a married man, recorded August 27, 1976, in Book 7994, Page 181, Official Records, Contra Costa County, as follows:
A portion of Section 33 and Section 34, Township 2 North, Range 3 East, Mount Diablo Base and Meridian, described as follows:
An easement for irrigation purposes, water transport, construction, repair, and maintenance with ingress and egress to said easement. Said easement is a strip of land 30 feet wide, right angle measurement in, under, over, along and across a corridor of land, the centerline of which is described as follows:
Beginning at the Southeast corner of said Section 28, being along the common corner of Sections, 27, 28, 33 and 34; running thence along the Eastern boundary line of Section 33, being also the centerline of said 30 foot wide irrigation easement, South 00° 18' West 2.485 feet, more or less, to a point on the Northeasterly boundary line of the right-of-way of the Contra Costa canal as described in the Deed from West Coast Life Insurance Company to the United States of America dated November 29, 1937 and recorded March 17, 1938 in Book 448, Page 155, Official Records. The side lines shall be lengthened or shortened so as to create a strip of land of the uniform width of 30 feet.
Thence, continuing with said 30 feet wide easement form the point of intersection of said centerline with the said Northeasterly boundary line of said canal the Southwestern boundary line of said strip is described as follows:
Said Southwestern boundary line is also the Northeastern boundary line of said canal thence, in a Southeasterly direction parallel with the Northeasterly boundary line of said 392
canal, thence along the last named line South 44° 35' West 225 feet, more or less, to a point of intersection with the East-West mid-section line of said Section 34.
The Northeasterly boundary line of said 30 feet wide strip, right angle measurement, shall be lengthened or shortened so as to create a strip of land of the uniform width of 30 feet.
Parcel Three:
A non-exclusive easement as an appurtenance to Parcel One above for a right of way for pedestrian and vehicular ingress and easement for maintenance, repair and replacement of electric lines, subterranean sewer and other utilities, over, under and upon an Easterly portion of said land lying within the area designated as “Temporary Private Access Easement to Remainder" as shown on the Parcel Map M.S. 10-95 in Book 178 of Parcel Maps at Page 15, Contra Costa County Records.
APN: 032-050-003
393
ORDINANCE NO. XX-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING
THE GRAND CYPRESS PRESERVE DEVELOPMENT AGREEMENTS MASTER AMENDMENT (DA 01-23) BETWEEN THE CITY OF OAKLEY AND ACD-TI OAKLEY LLC (APNS: 020-140-048; 020-150-003; 032-050-003; 032-082-001; 032-082-005; 032-082-010; 032-082-011; AND 032-082-013)
WHEREAS, the City has enacted a Development Agreement Ordinance A codified as Chapter 3 of Title 9 of the Oakley Municipal Code (“OMC”) establishing the procedures and requirements for the consideration of development agreements pursuant to California Government Code Section 65864 et seq.; and
WHEREAS, on June 29, 2023, Andrew Han of ACD-TI Oakley, LLC (“Applicant” filed an application requesting approval of a Development Agreements Master Amendment (DA 01-23) that would apply to five separate Development Agreements to extend their terms from December 13, 2025 to December 13, 2035 (“Project”). The five existing Development Agreements apply to previously approved development projects made up of Planning Areas 1, 3, 4, and 6-H of the East Cypress Corridor Specific Plan. The development projects, commonly known as KT-KB Oakley LLC (Planning Area 1), Lesher Trust (Planning Area 1), Dal Porto South (Planning Area 3), Bethel Island LLC (Planning Area 4), and Pacific West Communities (Planning Area 6-H), are all part of a larger project known as “Grand Cypress Preserve”. All sites covered under the existing Development Agreements and applicable to the proposed Master Amendment are zoned SP-1 (East Cypress Corridor Specific Plan) District. The applicable sites are located in Planning Areas 1, 3, 4, and 6-H of the East Cypress Corridor Specific Plan generally located at the eastern end of Oakley north and south of East Cypress Road, Oakley, CA 94561. APNs: 020-140- 048; 020-150-003; 032-050-003; 032-082-001; 032-082-005; 032-082-010; 032-082-011; and 032-082-013; and
WHEREAS, the project is designated as Specific Plan (SP) in the Oakley General Plan, and zoned SP-1 (East Cypress Corridor Specific Plan) District; and WHEREAS, the project is within the scope of related entitlements approved under the analysis of the East Cypress Corridor Specific Plan Revised Final Environmental Impact Report (SCH No. 2004092011) certified by the City Council through adoption of Resolution No. 46-09 on March 10, 2009; and
WHEREAS, on July 18, 2023, the Planning Commission held a duly noticed public hearing at which it considered the Project, Staff’s Report, Oakley General Plan, the City’s Zoning and Subdivision Ordinances, the East Cypress Corridor Specific Plan, the Revised EIR, and all comments received in writing and all testimony received at the public hearing (together the “Record”), and adopted Planning Commission 11-23 recommending the City Council adopt an ordinance approving the Project; and
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Ordinance No. XX-23 Page 2 of 4
WHEREAS, on or before July 28, 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 Oakley City Hall located at 3231 Main Street, outside the gym at Delta Vista Middle School located at 4901 Frank Hengel Way, outside the library at Freedom High School located at 1050 Neroly Road, and at the project site, and was mailed out to all owners of property within a 500-foot radius of the subject property’s boundaries, to outside agencies, and to parties requesting such notice; and
WHEREAS, on August 8, 2023, the City Council held a duly noticed public hearing for the project and per recommendation from Staff, the City Council announced the item would be continued to a date certain, September 12, 2023. The Mayor then opened the public hearing and announced the City Council had received two public comments prior to the hearing and solicited additional comments from the public, of which there were none.
Upon conclusion of the public comment period, the City Council continued to item to September 12, 2023; and
WHEREAS, on September 12, 2023, the City Council re-opened and continued the public hearing at which it considered the Project’s Development Agreement, Staff’s Report, Oakley General Plan, the City’s Zoning and Subdivision Ordinances, the East Cypress Corridor Specific Plan, the Revised EIR, and all comments received in writing and all testimony received at the public hearing (together the “Record”); and; WHEREAS, if any term, provision, or portion of these Findings or the application of these Findings to a particular situation is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of these Findings, or their application to other actions related to the Project, shall continue in full force and effect unless amended or modified by the City; and
WHEREAS, these Findings are based upon the City’s General Plan, the City’s Zoning Ordinance, the East Cypress Corridor Specific Plan and all related documents, and the information submitted to the City Council at its August 8, 2023 and September 12, 2023 meetings, both written and oral, including oral information provided by the applicant, as reflected in the minutes of such meetings, together with the documents contained in the file for the project (hereinafter the “Record”).
The City Council of the City of Oakley does ordain as follows:
SECTION1. Findings
A. Regarding the application requesting approval of the Grand Cypress Preserve Development Agreements Master Amendment (DA 01-23) by and between the City of Oakley and ACD-TI Oakley LLC:
1. The Development Agreements Master Amendment is consistent with the objectives, policies, general land uses and programs specific in the East Cypress Corridor Specific Plan (“ECCSP”). It is also compatible with the 395
Ordinance No. XX-23 Page 3 of 4
uses authorized in, and the regulations prescribed for, the ECCSP, and is designed in compliance with the approved development plans in that it does not result in any physical changes to any of the approved entitlements for any of the applicable Tentative Maps; and
2. The Master Amendment is in conformity with public convenience, general welfare and good land use practice and will not be detrimental to the health, safety and general welfare in that the development in the ECCSP is responsible for much of the infrastructure improvements or cost-sharing for those improvements in and around the area that will benefit future residents and existing residents of Summer Lake South and areas in unincorporated Contra Costa County, such as along Dutch Slough Road and Sandmound Boulevard and on Bethel Island, and the term extension will increase the likelihood these projects are developed, and as a result, that infrastructure completed; and
3. The Master Amendment will not adversely affect the development of the properties in that the term extension will increase the chances they are able to be developed in the future; and
B. The project complies with Measure J Growth Management requirements.
SECTION 2. Approval of the Master Amendment to the Development Agreements The City Council hereby approves the Development Agreements Master Amendment (Exhibit “A) and authorizes and directs the Mayor to sign it.
SECTION 3. Recordation of Development Agreement
Within ten (10) days after the Mayor executes the Development Agreement, the City Clerk shall submit the Agreement to the County Recorder for recordation.
SECTION 4. Effective Date and Posting
This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk shall cause the ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation, or by publishing a summary of the proposed ordinance, posting a certified copy of the proposed ordinance in the City Clerk’s Office at least five (5) days prior to the City Council meeting at which the ordinance is to be adopted, and within fifteen (15) days after its adoption, publishing a summary of the ordinance with the names of the Council Members voting for and against the ordinance.
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Ordinance No. XX-23 Page 4 of 4
PASSED AND ADOPTED by the City Council of the City of Oakley this 26th day of September 2023 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
___________________
Aaron Meadows, Mayor
ATTEST:
____________________ ____________ ___
Libby Vreonis, City Clerk Date
397
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: September 12, 2023
TO: Joshua McMurray, City Manager
FROM: Ken Strelo, Planning Manager
SUBJECT: Oakley Union Elementary School District
Freestanding Electronic Reader Boards (SP 03-23) – Consideration of a proposed Sign Permit to replace multiple letterboard marquee static freestanding signs along various elementary and middle school frontages with double-sided freestanding electronic reader boards.
Summary
This is an application by Oakley Union Elementary School District (“Applicant”) requesting approval of freestanding electronic reader boards to replace letterboard marquee static freestanding signs along various elementary and middle school frontages (“Project”). Two of the proposed signs are located in the public right of way. The signs are proposed to be double sided LED electronic reader boards with an 8’ x 4’ cabinet and 15.4 square foot sign area and standing 7’6” in height. Sign frames will consist of black aluminum and each sign will have a 3’10” wide pedestalstyle base. School sites are zoned PS (Public and Semi-Public) District, P-1 (Planned Unit Development) District, or PR (Parks and Recreation) District. School site addresses include: 5000 Amaryllis St. (Almond Grove Elementary); 100 Simoni Ranch Rd. (Gehringer Elementary); 1141 Laurel Rd. (Laurel Elementary); 501 Norcross Ln. (Oakley Elementary); 1000 Vintage Pkwy. (Vintage Parkway Elementary); 4901 Frank Hengel Wy. (Delta Vista Middle); and 1100 O’Hara Ave. (O’Hara Middle). APNs 034-030-009, 034-080-030, 034-250-006, 035-090-035, 035- 211-004, 037-170-017, and 037-192-027.
Background
GENERAL PLAN AND ZONING
The General Plan Land Use Designations for the project sites include Public and Semi-Public (P), Residential Low/Medium (RLM), or Parks and Recreation (PR) as depicted in the Oakley 2022 Focused General Plan Update Figure 2-2 (Land Use Diagram).
The zoning classifications for the project sites include PS (Public and SemiPublic) District, P-1 (Planned Unit Development) District, or PR (Parks and Recreation) District as depicted on the City of Oakley Zoning Map.
Approved and
Forwarded to the
City Council
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STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US
CITY OF OAKLEY SIGN ORDINANCE
Oakley Municipal Code (“OMC”) Chapter 9.5 “Regulation of Signs and Outdoor Advertising” is colloquially referred to as the City’s Sign Ordinance. The main purpose of the Sign Ordinance is to appropriately limit the placement, type, size, and number of signs in order to prevent traffic and safety hazards, and to ensure the installation and maintenance of quality, visually pleasing signage that will not detract from the property values, tax base, and social and economic standards of the community. The Sign Ordinance includes definitions of different types of signs, lists of types of signs able to be permitted by Staff or the City Council, standards of review, regulations for temporary signs, and a list of prohibited signs. The ordinance also regulates placement, size, and height for all types of signs.
Normally, a freestanding sign would require an administrative approval process pursuant to OMC Section 9.5.122 “Administrative Sign Permits” part a.5; however, “Signs with Changes in Color or Intensity” are included in the list of “Prohibited Signs” (OMC Section 9.5.114). This prohibition includes LED signs with the capability of producing scrolling, flashing, blinking, or otherwise moving or changing copy. There is a caveat included in description of these types of signs, which states the City Council may approve reader board signs associated with the civic center, schools, or freeway signs.
In this case, the City Council will be considering LED reader boards associated with schools under the jurisdiction of Oakley Union Elementary School District. Staff will process this application using the freestanding sign regulations and provide an analysis and findings for the City Council to consider in order to provide a final determination.
Project Description
Over this summer, the applicant implemented a sign replacement program to upgrade letterboard marquee static freestanding signs located along the street frontages of elementary and middle schools in the Oakley Union Elementary School District. This program also includes a plan to install a new freestanding sign at Almond Grove Elementary School which does not yet have a freestanding sign onsite. The upgrade to electronic reader boards will increase the efficiency of messaging to school staff and administrators, teachers, students and their parents/guardians, and the general public. Although smaller in size, these signs would function in a similar manner to the City’s Civic Center reader board and reader boards located along major arterial streets.
The signs will be double sided, full color outdoor LED style reader boards. Each side of the display will be capable of 14,336 pixels on a display area of 2’1” by 7’4” (or 15.4 square feet). The displays will be able to show 1 to 8 lines of text in a range of sizes and use custom images or videos. A sign cabinet of 8-feet wide by 4-feet tall and 1-foot deep will be positioned atop a black aluminum pedestal that stands about 3’6” in height and spans 3’10” in width. Total height of each sign is 399
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 3
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US approximately 7’6”. A photo of one of the signs being replaced and the illustration of the proposed sign is shown in Figure 1, below:
Figure 1. Example of Sign to be Replaced and Illustration of Proposed Sign There will be a total of eight freestanding electronic reader boards installed along school frontages. In addition to the freestanding signs, there is one wall sign being installed at Iron House Elementary School; however, that is outside the scope of this sign permit and will not require any permits through the City. The list below summarizes the sign replacements program:
Almond Grove Elementary School: No replacement. New sign. Delta Vista Middle School: Replacement in new location. Gehringer Elementary School: Replacement in new location. Laurel Elementary School: Replacement in same location (existing sign is electronic).
Oakley Elementary School: Replacement in same location. O’Hara Middle School: Two signs. Replacements in same locations. Vintage Parkway Elementary School: Replacement in same location.
Environmental Review
The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 – Existing Facilities of the State of California CEQA Guidelines.
Section 15301 of the State CEQA Guidelines exempts projects when the proposed project involves negligible or no expansion of use beyond that existing at the time of the lead agency’s determination.
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STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 4
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Analysis
As explained in the project description, the City Council may approve reader boards associated with schools. Normally, improvements to the school grounds would fall outside of the jurisdiction of the City of Oakley. In the case of these signs, at least two are located in the public right of way. Given the requirements in the Sign Ordinance and the location of two of the signs in the public right of way resulting in the need for an encroachment permit, it was decided to bring all of the proposed signs to the City Council for consideration and in order to assure transparency of the process.
Although the Sign Ordinance does not include specific standards of review or required findings for electronic reader boards subject to City Council approval, it does include General Regulations (OMC section 9.5.108), Sign Permit General Standards for Approval (OMC section 9.5.116), and the Freestanding Sign criteria for Administrative Sign Permits (OMC section 9.5.122). Staff has applied portions of these areas as applicable to the analysis and conditions of approval for this sign permit.
GENERAL REGULATIONS
OMC section 9.5.108 “General Regulations” touches on many aspects of signage.
Staff included a condition of approval that the signs shall comply with this section after installation, as applicable. Also, regulations that are related to design and operation have been individually included as conditions of approval, such as the four regulations related to illumination and the need to include the street number of the address on the signs. As conditioned, the proposed signs will comply with this section of the Sign Ordinance.
SIGN PERMITS
OMC section 9.5.116 “Sign Permits” includes a part “b” that includes General Standards of Approval as listed below:
The materials, colors, design, height, size and scale of the sign are visually compatible with the structure, site, and use to which the sign corresponds, and the neighborhood in which the sign is located;
The placement and size of the sign will not threaten or impair the safety of pedestrians, bicyclists, or motorists;
The sign is of professional quality and is clear and legible; The height and size of the letters and graphics on the sign enable pedestrians and motorists to readily identify the message, facility or site from a sufficient distance that will enable them to safely and conveniently read the message or access the facility or the site;
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STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 5
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US The sign does not unreasonably impair the visibility of existing signs on adjacent property;
The sign complies with the purpose and standards of this title.
All of the signs proposed with this Sign Permit comply with the above standards of approval. For signs in the public right of way, an encroachment permit will be required, and the signs will be subject to compliance with sight visibility standards to ensure pedestrian and vehicular safety.
ADMINISTRATIVE SIGN PERMITS
OMC section 9.5.122 “Administrative Sign Permits” contains standards for freestanding signs. Staff has applied these standards to the proposed signs. When it comes to maximum heights and sign area, staff has applied the commercial and industrial standards as the closest applicable standard for a freestanding school sign. The maximum allowable height would be 8-feet tall, and the maximum allowable sign area would be 36 square feet on either side. At 7’6” in height and a sign area of just under 16 square feet on each side, the proposed signs meet the height and sign area sign criteria. There are also requirements for landscaping, addressing, placement, and overall size. The signs will be placed in existing landscaped areas, are being conditioned to include the street addresses, will be placed either perpendicular or in a manner most legible to those they are intended to serve, and will not be oversized in comparison to the purpose of the signs. Overall, the proposed signs will comply with the standards and regulations for freestanding signs.
Consistency with the Oakley Strategic Plan 27+
Approval of this application would be consistent with the goals in the section of the Oakley Strategic Plan 27+ entitled, “Community and Collaborative Partnership Goals”. The School District plans to use the reader boards for not only school news and events, but also community events. The reader boards will provide opportunities for more outreach to the general public for community based events and also result in a collaborative partnership between the City of Oakley and Oakley Union Elementary School District.
Fiscal Impact
The approval of these entitlements will not negatively 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. 402
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 6
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Staff Recommendation
Staff recommends that the City Council adopt the resolution approving the project titled “Oakley Union Elementary School District Freestanding Electronic Reader Boards (SP 03-23)”, as conditioned.
Attachments
1. Vicinity Map
2. Applicant’s Plans
3. Proposed Resolution
403
Vicinity Map
Oakley Union Elementary School District Freestanding Electronic Reader Boards (SP 03-23) APNs 034-030-009, 034-080-030, 034-250-006, 035-090-035, 035-211-004, 037-170-017, and 037-192-027
404
405
Attic Access ladder
Install New 1" Conduit
into panel board
"K1B" Install New 1" conduit
about ceiling grid
penetrate and seal
the wall above the
ceiling.
Install New 1" Surface
mount ridged conduit.
Install New 1" LB.
Penetrate above the
ceiling grid. E-Room
Install New 1" Conduit
above the ceiling grid
from the new exterior
LB to panel board
"K1B" Panel K1B "CKT #17" Almond Grove
406
New N9 Christy Box
New 1" Bore Pipe
Install New 1" LB.
Mount the LB high
enough to run the
conduit above the
ceiling grid.
Install new surface
mount 1" Ridged
conduit
The Panel board is
located on the other
side of this wall
Fish a New 1" FMC
from the panel board
to above the ceiling
grid
Install New 1" EMT
conduit from the
exterior LB to the new
flex
Install a New 1" flex
into the panel board
to above the ceiling
grid to tie in the new
emt conduit CKT-5 Delta Vista
407
New N9 Pull Box New 1" Bore Pipe
Install New 1" Surface
mounted Conduit and
LB. Penetrate above
the ceiling grid. Panel CR CKT-18 Gehringer
408
OP
Install 1" Flex into the
panel board and
connect to the conduit
on the other side of
this wall.
Install 1" EMT
Conduit above the
ceiling through 2
classrooms and
terminate to the flex
at the panel board
location
Install 1" Surface
mount ridged conduit
on the wall. Install LB
above the ceiling grid
Possible Spare
Breaker. Verify that
this is a spare
breaker. O'Hara CKT-34
409
Install New N9 Chrisy
box
1" Bore Pipe
Install New N9 Pull
box 1" Bore Pipe to Sign
Location
1" Bore Pipe to
Electric Room
Saw Cut concrete
and extend bore pipe
to the wall
Install 1" EMT conduit
to Panel "ML"
Install LB
O'Hara Panel ML CKT-26
410
Install new surface
mount 1" conduit
Surface Mount 1"
Conduit on the wall
behind the freezer
Install LB and
penetrate the wall
behind the Freezer
Install New N9 Pull
box
New 1" Bore Pipe Oakley ES Panel LA CKT 17
411
Install New N9
Christy box
New 1" Bore Pipe
Saw cut concrete to
Building
Install New surface
mounted 1" Ridged
conduit
Install New LB. Run
the conduit high
enough to get above
the ceiling grid in the
room on the other
side of the wall.
Fish 1" FMC down
the wall into the top of
Panel "AL"
Install 1" EMT
Conduit from the LB
to the flex at the
panel board. Vintage Park CKT-29
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Resolution No. XX-23 Page 1 of
5 RESOLUTION NO. XX-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY MAKING
FINDINGS AND APPROVING A SIGN PERMIT FOR THE PROJECT KNOWN AS “OAKLEY UNION ELEMENTARY SCHOOL DISTRICT FREESTANDING
ELECTRONIC READER BOARDS (SP 03-23)” LOCATED AT SEVEN DIFFERENT SCHOOL SITES (APNS 034-030-009, 034-080-030, 034-250-006, 035-090-035, 035- 211-004, 037-170-017, 037-192-027)
WHEREAS, on August 22, 2023, Rianne Pfaltzgraff, on behalf of Oakley Union Elementary School District (“Applicant”), submitted a Sign Permit (SP 03-23) application requesting approval of freestanding electronic reader boards to replace letterboard marquee static freestanding signs along various elementary and middle school frontages (“Project”). Two of the proposed signs are located in the public right of way.
The signs are proposed to be double sided LED electronic reader boards with an 8’ x 4’ cabinet and 15.4 square foot sign area and standing 7’6” in height. Sign frames will consist of black aluminum and each sign will have a 3’10” wide pedestal-style base.
School sites are zoned PS (Public and Semi-Public) District, P-1 (Planned Unit Development) District, or PR (Parks and Recreation) District. School site addresses include: 5000 Amaryllis St. (Almond Grove Elementary); 100 Simoni Ranch Rd. (Gehringer Elementary); 1141 Laurel Rd. (Laurel Elementary); 501 Norcross Ln. (Oakley Elementary); 1000 Vintage Pkwy. (Vintage Parkway Elementary); 4901 Frank Hengel Wy. (Delta Vista Middle); and 1100 O’Hara Ave. (O’Hara Middle). APNs 034- 030-009, 034-080-030, 034-250-006, 035-090-035, 035-211-004, 037-170-017, and 037-192-027; and
WHEREAS, the project sites are designated Public and Semi-Public (P), Residential Low/Medium (RLM), or Parks and Recreation (PR) as depicted in the Oakley 2022 Focused General Plan Update Figure 2-2 (Land Use Diagram), and zoned PS (Public and Semi-Public) District, P-1 (Planned Unit Development) District, or PR (Parks and Recreation) District as depicted on the City of Oakley Zoning Map; and WHEREAS, the project is exempt from further environmental analysis under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301, “Class 1 - Existing Facilities”; and
WHEREAS, on September 12, 2023, the City Council considered the item as a regular calendar item where it received a report from City Staff, oral and written testimony from the applicant and 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, if any term, provision, or portion of these Findings or the application of these Findings to a particular situation is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of these Findings, or their application to other actions related to the Project, shall continue in full force and effect unless amended or modified by the City; and
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Resolution No. XX-23 Page 2 of
5 WHEREAS, these Findings are based upon the City’s General Plan, the City’s Zoning Ordinance (Oakley Municipal Code Chapter 9.1), the City’s Sign Ordinance (Oakley Municipal Code Chapter 9.5), and the information submitted to the City Council at its September 12, 2023 meeting, both written and oral, including oral information provided by the applicant, as reflected in the minutes of such meetings, together with the documents contained in the file for the project (hereinafter 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. General Standards for Approval as required per Oakley Municipal Code Section
9.5.116(b.). In regard to the application requesting approval of a Sign Permit (SP 03-23) to allow the freestanding electronic reader boards to replace letterboard marquee static freestanding signs along various elementary and middle school frontages,
1. The materials, colors, design, height, size and scale of the signs are visually compatible with the structures, sites, and use to which the signs correspond, and the neighborhoods in which the signs are located, in that the signs will all have a consistent design throughout the school district where the frame and monument pedestal will consist of black aluminum, the height and sign area are within the regulations for other similar freestanding signs, and the signs will have top banners that include information for the respective schools;
2. The placement and size of the sign will not threaten or impair the safety of pedestrians, bicyclists, or motorists in that all signs are subject to compliance with sight visibility regulations. Signs proposed in the public right of way will require an encroachment permit where additional assurance will apply to the specific location and visibility around the sign;
3. The sign is of professional quality and is clear and legible in that the signs will consist of over 14,000 LED pixels on each side capable of 1-8 lines of text, graphics, or videos;
4. The height and size of the letters and graphics on the sign enable pedestrians and motorists to readily identify the message, facility or site from a sufficient distance that will enable them to safely and conveniently read the message or access the facility or the site in that the copy is electronically interchangeable and font and graphics sizes can be changed to increase visibility and legibility of any message on the signs, and the project is conditioned to add the applicable street number address to the base of each sign;
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Resolution No. XX-23 Page 3 of
5 5. The sign is set in a manner that does not unreasonably impair the visibility of existing signs on adjacent properties in that the sign is located on school grounds that are not adjacent to other properties with signage in most case and any nearby signage is a far enough distance to not create any impairment from the proposed signs; and
6. The signs comply with the purpose and standards of Sign Ordinance in that they result in signs that the approval limits the placement, type, size, and number of signs in order to prevent traffic and safety hazards, and to ensure the installation and maintenance of quality, visually pleasing signage that will not detract from the property values, tax base, and social and economic standards of the community.
B. The project complies with Measure J Growth Management requirements.
BE IT FURTHER RESOLVED THAT, on the basis of the above Findings and the Record, the City Council approves of the Applicant’s request for Sign Permit (SP 03-23), subject to the following Conditions of Approval:
Applicant shall comply with the requirements of the Oakley Municipal Code (“OMC”). Any exceptions must be stipulated in these Conditions of Approval. Conditions of Approval are based on the application received by the Planning Division dated August 22, 2023 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 ESTABLISHING THE USE UNLESS OTHERWISE NOTED:
Planning Division Conditions
General:
1. This Sign Permit (SP 03-23) is approved, as described in the application date stamped by the Planning Division on August 22, 2023 and as modified by the following conditions of approval, subject to final review and approval by the Community Development Director.
2. 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.
3. 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.
4. 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 415
Resolution No. XX-23 Page 4 of
5 from any and all claims, damages and liability (including, but not limited to, damages, attorney fees, expenses of litigation, costs of court).
5. Installation of any signs must follow the regulations set forth within Oakley Municipal Code Title 9, Chapter 5 Regulation of Signs and Outdoor Advertising. All advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, included the area in which the cash registers are maintained.
6. The applicant shall coordinate with the Public Works and Engineering Division to obtain encroachment permits for any proposed signs that are located in or hang over the public right of way.
7. The applicant shall ensure that placement of the signs in the public right of way and on private property does not impair the safety of pedestrian, motorist, bicyclist, and vehicular travel.
General Regulations:
8. Any exterior illumination shall be concentrated on the area of the sign so as to minimize glare upon the street and any other properties.
9. Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices.
10. Neither the direct nor reflected light from primary light sources shall create hazards for pedestrians, bicyclists, or operators of motor vehicles.
11. For energy conservation, light sources shall be energy efficient and shall utilize compact fluorescent lamps, or other lighting technology that is of equal or greater energy efficiency.
12. The applicant shall install address numbers on both sides of the base of each sign for the purposes of assisting emergency response agencies and personnel to the site in an efficient manner. The addresses shall comply with address requirements of the Contra Costa County Fire Protection District.
ADVISORY NOTES
PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL 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.
416
Resolution No. XX-23 Page 5 of
5 A. The applicant/owner should be aware of the expiration dates and renewing requirements prior to requesting building or grading permits.
B. Comply with the requirements of the Ironhouse Sanitary District.
C. Comply with the requirements of the Contra Costa County Fire Protection District.
D. Comply with the requirements of the Diablo Water District.
E. Comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures.
PASSED AND ADOPTED by the City Council of the City of Oakley this 12th day of September, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
___________________
Aaron Meadows, Mayor
ATTEST:
____________________ ___________________
Libby Vreonis, City Clerk Date
417
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: September 12, 2023
TO: City Council
FROM: Joshua McMurray, City Manager
SUBJECT: Adopt a Resolution to Establish an Affordable Housing Ad-Hoc Advisory Committee
Background and Analysis
At the August 8th City Council meeting, the Mayor requested that Staff bring forward an item that would establish an Affordable Housing Ad-Hoc Advisory Committee. Currently the request was to form the committee. The attached resolution would do that and Staff recommends appointing no more than 2 City Councilmembers to the committee. If the City Council would like to appoint any members of the public to the committee, Staff would need to prepare an application, release it to the public and then bring applications back to the City Council for review and then appointment to the committee. Staff has also put an end date of the committee to December 31, 2023, which also can be moved at the City Council’s discretion. For consideration, Ad-Hoc Committees are usually formed to address a single issue in a relatively short amount of time. They are not intended to be long-lasting or standing committees.
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Community and Collaborative Partnerships goal of the Strategic Plan 27+.
Fiscal Impact
There is no fiscal impact associated with establishing an Ad-Hoc Committee.
Staff Recommendation
Staff recommends that the City Council approve the resolution establishing an Affordable Housing Ad-Hoc Advisory Committee and appoint no more than two Councilmembers to the committee.
Attachments
1. Draft Resolution
Approved and
Forwarded to the
City Council
418
Resolution No. XX-23 Page 1 of 1
RESOLUTION NO. XX-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY
ESTABLISHING AN AFFORDABLE HOUSING AD-HOC COMMITTEE
WHEREAS, the City Council has determined that an Affordable Housing Ad-Hoc Committee would be beneficial to the City at this current time; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oakley, that the Affordable Housing Ad-Hoc Committee is hereby established. The City Council has appointed ____________ and _____________ to serve on the committee. The Council further resolves that it may appoint members of the public to serve on the committee and would do so through a formal application and appointment process; and BE IT FURTHER RESOLVED that the committee shall end on December 31, 2023, if not extended prior to and that the Affordable Housing Ad-Hoc Committee meet in full compliance with the California Open Meeting Laws.
PASSED AND ADOPTED by the City Council of the City of Oakley this 12th day of September 2023 by the following vote:
AYES:
NOES:
ABSTENTION:
ABSENT:
APPROVED:
___________________
Aaron Meadows, Mayor
ATTEST:
___________________ ___________________ Libby Vreonis, City Clerk Date 419
Business Name Primary contact email address Primary Address Phone # Full Primary Address Active Licenses ALVO LANDSCAPE INC (925) 325-8140 1224 WALNUT MDWS
OAKLEY CA 94561
HOME BASED BUSINESS
LICENSE
CHRISTINA KEAS WELLNESS (925) 918-1777 306 LAKESPRING PL OAKLEY CA 94561-3163
HOME BASED BUSINESS
LICENSE
D&V VINTAGE TREASURES (RANCHO CO-OP) [email protected] (925) 430-4662 5685 MAIN ST OAKLEY CA 94561
BUSINESS LICENSE
HAIR BY ALYSSA NAVA (415) 867-4945 3663 MAIN ST
OAKLEY CA 94561-5781
BUSINESS LICENSE
KELLEE MORALES (JADE & CO SALON) [email protected] (925) 698-2788 3663 MAIN ST OAKLEY CA 94561-5781
BUSINESS LICENSE
MACY SCHOENTHALER, MFT [email protected] (925) 322-0413 60 KENWOOD CT OAKLEY CA 94561
HOME BASED BUSINESS
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NATALIE BECKHAM, RDHAP [email protected] (925) 642-7790 202 SILVER BELL WAY OAKLEY CA 94561
HOME BASED BUSINESS
LICENSE
POKER'S TREASURE TROUG [email protected] (925) 679-1889 46 CLEARWOOD PL OAKLEY CA 94561-2414
HOME BASED BUSINESS
LICENSE
RAINBOW ITALIAN ICE 2 (707) 410-7879 2623 MANRESA SHORE LN OAKLEY CA 94561
HOME BASED BUSINESS
LICENSE
WILLIAMS ESTATE PLANNING [email protected] (925) 469-0111 3330 MAIN ST OAKLEY CA 94561-3135
BUSINESS LICENSE
10 420