The City Engineer and City Surveyor have reviewed the tentative map approval documents and the final map, and have found the map to be technically correct, in substantial compliance with the conditionally approved tentative map, development agreement, and all final map conditions of approval have been met (or are being secured by way of this agreement).
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community Health and Safety goals to build safe streets and healthy neighborhoods.
Fiscal Impact
There is no fiscal impact associated with this action as all the work is being performed by the Developer.
Staff Recommendation
Staff recommends that the City Council adopt the Resolution to execute the Subdivision Improvement Agreement and approve the Final Map for Subdivision 9616 Summer Lake North (Phase 1) Village 1.
Attachments
Attachment 1. Vicinity Map
Attachment 2. Resolution Approving the Final Map
Attachment 3. Resolution Approving the Subdivision Improvement Agreement Attachment 4. Subdivision Improvement Agreement (SIA)
Exhibit A – City Council Resolution No. 116-11 & Substantial Conformance Letter
Exhibit B – Engineer’s Estimate
Exhibit C – Insurance Requirements
Exhibit D – Verification of Required Insurance
Attachment 5. Reduction of Subdivision 9616 Summer Lake North (Phase 1) Village 1 Final Map
399
Vicinity Map
Subdivision 9616
Summer Lake North - Village 1
1 2
3 4
8 13
7 6
5 9
10 11
12 Maxar
¯
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RESOLUTION NO. ___-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY
APPROVING THE FINAL MAP FOR SUMMER LAKE NORTH (PHASE 1) VILLAGE 1 SUBDIVISION 9616
WHEREAS, On February 27, 2024, Resolution 19-24 and 20-24, the City Council approved the Final Map and Subdivision Improvement Agreement of Subdivision 9307 Summer Lake North Subdivision; and,
WHEREAS, Subdivision 9616 is Village 1 within Phase 1 of the master planned community of Summer Lake North; and,
WHEREAS, Civic Summer Lake North, LLC, has satisfied the necessary conditions of approval for Subdivision 9616 Summer Lake North (Phase 1) Village 1 Subdivision, as approved by the City Council on October 25, 2011, Resolution Number 116-11; and,
WHEREAS, the City Engineer has determined that the conditions of approval required prior to final map approval for Subdivision Summer Lake North 9616 (Phase 1) Village 1 have been satisfied; and
WHEREAS, the City Surveyor has determined that the final map attached herein as Exhibit A is technically correct.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oakley that the final map labeled “Subdivision 9616 Summer Lake North Village 1”, as prepared by Carlson, Barbee, & Gibson, Inc. be approved.
PASSED AND ADOPTED by the City Council of the City of Oakley, California, this 14th day of May 2024 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
_________________________
Anissa Williams, Mayor
ATTEST:
_______________________
Libby Vreonis, City Clerk Date
401
RESOLUTION NO. __-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING
THE SUBDIVISION IMPROVEMENT AGREEMENT WITH CIVIC SUMMER LAKE NORTH, LLC, FOR SUBDIVISION 9616 SUMMER LAKE NORTH (PHASE 1) VILLAGE 1 AND AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT WHEREAS, the City Council of the City of Oakley, California, wishes to enter into a Subdivision Improvement Agreement with Civic Summer Lake North, LLC, for the development of a residential subdivision known as Subdivision 9616 Summer Lake North (Phase 1) Village 1; and,
WHEREAS, this agreement will require the developer to complete $2,338,000 for the Public Improvements in accordance with the project conditions of approval and City standard construction design.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oakley that the Subdivision Improvement Agreement with Civic Summer Lake North, LLC, is hereby approved and the City Manager is hereby authorized to execute the Subdivision Improvement Agreement for the development of Subdivision 9616 Summer Lake North (Phase 1) Village 1 in the form attached hereto as Exhibit A is made part of this resolution.
PASSED AND ADOPTED by the City Council of the City of Oakley this 14th day of May 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
____________________
Anissa Wiilliams, Mayor
ATTEST:
_______________________ _____________________
Libby Vreonis, City Clerk Date
402
CITY OF OAKLEY
SUBDIVISION IMPROVEMENT AGREEMENT
SUBDIVISION 9616
This agreement is made and entered into this 14th day of May 2024 by and between the City of Oakley, a municipal corporation, hereinafter referred to as "CITY", and Civic Summer Lake North, LLC, a Delaware limited liability company, hereinafter referred to as "DEVELOPER".
R E C I T A L S
WHEREAS, it has been determined by the City Council of the City of Oakley, State of California, that DEVELOPER, the subdivider of Subdivision 9616, desires to improve and dedicate those public improvements (hereafter “The Improvements”) required by the conditions of approval for the project as adopted by the City of Oakley City Council via Resolution Number 116-11, and further affirmed with the substantial conformance letter from City dated April 23, 2021, in accordance with the requirements and conditions set forth in approvals, the requirements of the Subdivision Map Act of the State of California, and those certain plans and specifications for said development approved by CITY and titled “Summer Lake North - Phase 1 Village 1 Improvement Plans Subdivision 9616” prepared by Carlson, Barbee, and Gibson, Inc., now on file in the office of the City Engineer, which are hereby referred to for a more definite and distinct description of the work to be performed under this Agreement as though set forth at length herein; and WHEREAS, DEVELOPER and CITY acknowledge that not all conditions of approval (“COA”) contained in Resolution Number 116-11, and further affirmed with the substantial conformance letter from City dated April 23, 2021, have been satisfied, but nevertheless, DEVELOPER desires to file a final map. The satisfaction of all COA are the subject of this Agreement. DEVELOPER’s agreement to satisfy all COA, unless mutually agreeable modifications are approved by City at a later date, and construct the Improvements identified in the aforementioned COA is a material part of the consideration for this Agreement; and
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of dedication of The Improvements in consideration for DEVELOPER's satisfactory performance of the terms and conditions of this Agreement:
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows:
1. Improvements.
DEVELOPER agrees to install the road improvements (both public and private), sewer and drainage improvements, signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required as conditions of 403
approval of Tentative Map 9307 as set forth in Exhibit A to this Agreement, which is incorporated herein as if set forth at this point, or as otherwise required in the subdivision ordinance. In the event that any provision of this Agreement conflicts with the provisions of Exhibit A the provisions of Exhibit A shall prevail to the extent that the conflicting provision in Exhibit A requires a greater or more extensive improvement or expenditure, or to the extent that that provision extends DEVELOPER’s obligations over a greater period of time than the specific provision set forth herein. Such improvements shall also be made in conformance with the City of Oakley Municipal Code and Contra Costa County Ordinance Code as adopted and enforced by the City of Oakley.
DEVELOPER will commence construction of The Improvements within 30 days following the date on which CITY executes this Agreement. DEVELOPER shall complete said work not later than 36 months following said date of execution in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the City of Oakley Municipal Code and Contra Costa County Ordinance Code and rulings made thereunder; and where there is a conflict between the improvement plans and the City Municipal Code or County Ordinance Code, the stricter requirements shall govern. It is understood that the City of Oakley was incorporated effective July 1, 1999, and as such continues to rely on certain laws, ordinances and design standards of the County of Contra Costa. References herein to the County Code or County Ordinance Code are understood to refer to such ordinances and codes as if adopted by the City of Oakley.
Time is of the essence in this Agreement. Upon completion, DEVELOPER shall furnish CITY with a complete and reproducible set of final as-built plans of The Improvements, including any authorized modifications.
2. Estimated Cost of Improvements for Bonding Purposes.
The estimated cost of constructing The Improvements required by this Agreement as adjusted for inflation is agreed to be $2,338,000. Said amounts include costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured, as set forth in Exhibit B.
404
3. Bonds Furnished.
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with the following security in the forms specified in Government Code sections 66499.1 and 66499.2 or in a form satisfactory to the CITY Attorney if different from said Government Code forms:
a. Faithful Performance. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one hundred percent (100%) of the estimate set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be satisfactorily completed.
b. Labor and Materials. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to fifty percent (50%) of the estimate set forth in Paragraph 2 and sufficient to assure CITY that DEVELOPER'S contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall be paid therefor.
CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any instrument or deposit required herein shall conform with the provisions of Chapter 5 of the Subdivision Map Act. DEVELOPER may request that portions or all of the bonds may be substituted by other parties in the event that portions or all of the Subdivision is sold to other parties, and such substitution shall not be unreasonably withheld by CITY.
4. Prevailing Wage.
To the extent required by Labor Code Section 1720, DEVELOPER and its contractors shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for construction of the Improvements required by this Agreement. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute the work required by this Agreement from the Director of the Department of Industrial Relations and on its website at http://www.dir.ca.gov/DLSR/DPreWageDetermination.htm. These rates are on file with the City Engineer. Copies may be obtained at cost at the City Engineer’s office, City of Oakley. DEVELOPER shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. DEVELOPER shall comply with the provisions of Sections 1773.8, 1774, 1775, 1776, 1777.5, 1777.6, and 1812 of the Labor Code.
405
5. Insurance Required.
Concurrently with the execution hereof, DEVELOPER shall obtain or cause to be obtained and filed with the CITY, all insurance required in this paragraph and as set forth in Exhibit C, and such insurance shall have been reasonably approved by the Finance Director of CITY, or its designee, as to form, amount and carrier. Prior to the commencement of work under this Agreement, DEVELOPER's general contractor shall obtain or cause to be obtained and filed with the Finance Director, all insurance required under this paragraph and as set forth in Exhibit C, evidenced herein as Exhibit D, and such insurance shall have been reasonably approved by the Finance Director of CITY, as to form, amount and carrier. DEVELOPER shall not allow any contractor or subcontractor to commence work on this contract or subcontract until all insurance required for DEVELOPER and DEVELOPER's general contractor shall have been so obtained and approved. Said insurance shall be maintained in full force and effect until the completion of work under this Agreement and the final acceptance thereof by CITY.
All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier.
6. Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect (including acts of vandalism), DEVELOPER guarantees all work executed by DEVELOPER and/or DEVELOPER's agents, and all supplies, materials and devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be free of all defects of workmanship and materials for a period of one (1) year after initial acceptance of the entire work by CITY. DEVELOPER shall repair or replace any or all such work or material, together with all or any other work or materials which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one-year guarantee period without expense or charge of any nature whatsoever to CITY. DEVELOPER further covenants and agrees that when defects in design, workmanship and materials actually appear during the one-year guarantee period, and have been corrected, the guarantee period shall automatically be extended for an additional year as to those specific corrections to insure that such defects have actually been corrected.
In the event the DEVELOPER shall fail to comply with the conditions of the foregoing guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair, including all administrative costs incurred by the City to administer such repair(s).
Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect, and DEVELOPER 406
shall pay to CITY on demand all costs and expense of such repair. The foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs which may be required as determined in the sole discretion and judgment of CITY.
7. Inspection of the Work.
DEVELOPER shall guarantee free access to CITY through its City Engineer and his designated representative for the safe and convenient inspection of the work throughout its construction. Said CITY representative shall have the authority to reject all materials and workmanship which are not in accordance with the plans and specifications, and all such materials and or work shall be removed promptly by DEVELOPER and replaced to the satisfaction of CITY without any expense to CITY in strict accordance with the improvement plans and specifications.
8. Agreement Assignment.
This Agreement shall not be assigned by DEVELOPER without the written consent of CITY, which consent shall not be unreasonably withheld.
9. Abandonment of Work.
Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of DEVELOPER's obligations under this Agreement.
If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extension thereof, or fails to obtain completion of said work within such time, or if DEVELOPER should be adjudged as bankrupt, or should make a general assignment for the benefit of DEVELOPER's creditors, or if a receiver should be appointed, after notice and an opportunity to cure, which notice shall give no fewer than ten (10) business days to address any claim of default, the CITY through its Public Works Director may serve written notice on DEVELOPER and DEVELOPER's surety or holder of other security of breach of this Agreement, or of any portion, thereof, and default of DEVELOPER.
In the event of any such notice of breach of this Agreement, DEVELOPER's surety shall have the duty to take over and complete The Improvements herein specified; provided, however, that if the surety, within thirty (30) days after the serving upon it of such notice of breach, does not give CITY written notice of its intention to take over the performance of the contract, and does not commence performance thereof within thirty (30) days after notice to CITY of such election, CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of DEVELOPER and DEVELOPER's surety shall be liable to CITY for any damages and/or reasonable and documented excess costs occasioned by CITY thereby; and, in such event, CITY, without liability for so doing, may 407
take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to DEVELOPER as may be on the site of the work and necessary therefor.
All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid.
Notices required to be given to CITY shall be addressed as follows:
City Manager and City Engineer
City of Oakley
3231 Main Street
Oakley, CA 94561
Notices required to be given to DEVELOPER shall be addressed as follows:
David B. Sanson and Trent Sanson
Civic Summer Lake North, LLC
1500 Willow Pass Court
Concord, CA 94520
With a copy to:
Dana Tsubota
Civic Summer Lake North, LLC
1500 Willow Pass Court
Concord, CA 94520
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Attn: Daniel Livsey
The Ohio Casualty Insurance Company
1340 Treat Blvd., Suite 400
Walnut Creek, CA 94597
Any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address.
Concurrently with the execution of this Agreement, DEVELOPER has executed and has caused to be acknowledged an abstract of this Agreement. DEVELOPER agrees CITY may record said abstract in the Official Records of Contra Costa County.
10. Use of Streets or Improvements.
At all times prior to the final acceptance of the work by CITY, the use of any or all streets and improvements within the work to be performed under this Agreement shall be at the sole and exclusive risk of DEVELOPER. The issuance of any building or occupancy 408
permit by CITY for dwellings located within the tract shall not be construed in any manner to constitute a partial or final acceptance or approval of any or all such improvements by CITY. DEVELOPER agrees that CITY's Building Official may withhold the issuance of building or occupancy permits when the work or its progress may substantially and/or detrimentally affect public health and safety.
11. Safety Devices.
DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as may be necessary to prevent accidents to the public and damage to the property.
DEVELOPER shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the plans and included in the items of work) shall be removed from site of the work by the DEVELOPER, and the entire site left clean and orderly.
12. Acceptance of Work.
Upon notice of the completion of the work covered by this agreement and the delivery of a set of final as-built plans to CITY by DEVELOPER, CITY, through its City Engineer or his designated representative, shall examine the work without delay, and, if found to be in accordance with said plans and specifications and this Agreement, shall recommend acceptance of the work to the City Council and, upon such acceptance, shall notify DEVELOPER or its designated agents of such acceptance.
13. Patent and Copyright Costs.
In the event that said plans and specifications require the use of any material, process or publication which is subject to a duly registered patent or copyright, DEVELOPER shall be liable for, and shall indemnify CITY from any fees, costs or litigation expenses, including attorneys' fees and court costs, which may result from the use of said patented or copyrighted material, process or publication.
14. Alterations in Plans and Specifications.
Any alteration or alterations made in the plans and specifications which are a part of this Agreement or any provision of this Agreement shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part hereof, and consent to make such alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code of the State of California.
409
15. Liability.
a. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the design and construction of The Improvements will not adversely affect any portion of adjacent properties and that all work will be performed in a proper manner. DEVELOPER agrees to indemnify, defend, release, and hold harmless CITY, and each of its elective and appointive boards, commissions, officers agents and employees, from and against any and all loss, claims, suits, liabilities, actions, damages, or causes of action of every kind, nature and description, directly or indirectly arising from an act or omission of DEVELOPER, its employees, agents, or independent contractors in connection with DEVELOPER'S actions and obligations hereunder; provided as follows:
1. That CITY does not, and shall not, waive any rights against DEVELOPER which it may have by reason of the aforesaid
hold harmless agreement, because of the acceptance by
CITY, or the deposit with CITY by DEVELOPER, of any of the insurance policies described in Paragraph 5 hereof.
2. That the aforesaid hold harmless agreement by DEVELOPER shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not CITY has prepared, supplied, or approved of plans and/or specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such
damages or claims for damages.
b. Design Defect. If, in the reasonable opinion of the CITY, a design defect in the work of improvement becomes apparent during the course of construction, or within one (1) year following acceptance by the CITY of the improvements, and said design defect, in the reasonable opinion of the CITY, may substantially impair the public health and safety,
DEVELOPER shall, upon order by the CITY, correct said
design defect at DEVELOPER’s sole cost and expense.
c. Litigation Expenses. In the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event
judgment is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. 410
16. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at Oakley, California, the day and year first above written.
CITY OF OAKLEY
By:
___________________
Joshua McMurray
City Manager
APPROVED AS TO
FORM:
Derek P. Cole
City Attorney
ATTEST:
_____________________
Libby Vreonis, City Clerk
DEVELOPER
By:___________________________
Exhibits: Exhibit A – City of Oakley, City Council, Resolution 116-11 & Substantial Conformance Letter
Exhibit B – Engineer’s Estimate
Exhibit C - Insurance Requirements
Exhibit D - Verification of Required Insurance
411
EXHIBIT A
(RESOLUTION 116-11 & Substantial Conformance Letter)
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CITY COUNCIL
Sue Higgins, Mayor
Randy Pope, Vice Mayor
Aaron Meadows
Anissa Williams
George Fuller
CITY HALL
3231 Main Street
Oakley, CA 94561
925.625.7000 tel
925.625.9859 fax
www.ci.oakley.ca.us
April 23, 2021
Glen Martin, President
Danville Development and Real Estate
1600 S. Main Street, #380
Walnut Creek, CA 94596
SUBJECT: Summer Lake North Conformance Exhibit Consistency with Approved Entitlement (Summer Lake North Vesting Tentative Map 9307 (TM 01‐11)) Dear Mr. Martin:
Thank you for submitting your request for City concurrence on the consistency of the updated Conformance Exhibit (Exhibit) dated February 17, 2021 with the approved entitlement associated with the Summer Lake North Vesting Tentative Map 9307 (TM 01‐11). Staff has reviewed your request and finds the Exhibit to be consistent with the approved entitlement and any final subdivision map(s) that are consistent with the Exhibit would also be in substantial conformance with the Vesting Tentative Map identified above. In summary, the updates will provide for a master planned community with greater connectivity, while staying within the current density limits of the approved Vesting Tentative Map and increasing open space and park acreage, all while maintaining the same road circulation with slight exceptions.
If you have any questions regarding this letter, please contact me at (925) 625‐7004 or by email at [email protected].
Sincerely,
Joshua McMurray
Community and Economic Development Director
Attachments: Conformance Exhibit dated February 17, 2021 C: Bryan Montgomery, City Manager
Kevin Rohani, City Engineer
Ken Strelo, Principal Planner
Billilee Saengchalern. Principal Engineer
Dave Sanson, De Nova Homes, Inc.
Trent Sanson, De Nova Homes, Inc.
Dana Tsubota, De Nova Homes, Inc.
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PARCEL U
(OPEN SPACE) BETHEL ISLAND ROAD
CYPRESS ROAD
SANDMOUND BOULEVARD
SANDMOUND BOULEVARD
EXISTING LEVEE EXISTING
LEVEE
LEVEE
LEVEE LEVEE
SUMMER
DRIVE
LAKE
E. SUMMER LAKE DRIVE
CYPRESS ROAD
PATHFINDER COURT
TALARIA DRIVE
MA N
R
E S A
S
H
O R E
L A N E
PARCEL C BETHEL ISLAND ROAD
PARCEL N
(SS PUMP STATION)
PARCEL V
(SS PUMP STATION)
PARCEL M
(SD PUMP STATION)
'B STREET
PARCEL BB
(AGRICULTURE
LIMITED)
PARCEL AA
(AGRICULTURE
LIMITED)
PARCEL Z
(LIGHT INDUSTRIAL)
PARCEL Y
(LIGHT INDUSTRIAL)
PARCEL S
(COMMERCIAL)
PARCEL P
(PARK)
PARCEL O
(WETLAND)
PARCEL L
(SCHOOL)
PARCEL K
(PARK)
PARCEL J
(LAKE)
PARCEL B PARCEL A
PARCEL F
(WETLAND)
WETLAND
PARCEL B
49 48
47 46
45 44
43 42
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39 38
37 36
35 34
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29 28
27 26
25 24
23 22
51 2 1
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PARCEL X 'B' STREET
'C' STREET
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6 5
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68 63
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102 103 104 105 106
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269 268 267 266 265 264
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290 289 288 287 286 285 284 283
291 292 293 294 295 296 297 298
306 305 304 303 302 301 300 299
307 308 309 310 311 312 313 314
322 321 320 319 318 317 316 315
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690
689
688
687
686
685
684
683
682
681
680
679
692
693
694
695
696
701
700
699
698
697
702
703
704
705
706
707
708
710
709
711
712
713
716
715
714
717
718
719
720
721
722 723 724 725 726 727 728 729 730
731
732
733
734
735
736
737
738
739
740
741
742 743
744
745
746
748 747
749
750
751
752
753
754
755
756
757
758
759
760
761
762
763
764
765
766
767
768
769
770
771
772
773
774
775
776
777
778
779
780
781
782
783
784
785 786
787
788
795
794
793 792
791
790
789
796
797
798
799
800
801
802
803
804
805
806 807
808
809 810 811 812 813 814 815
816
817
823
(S
UMMER
LAKE
DRIVE)
'A ' STRE
T
(E. SUMMER LAKE DRIVE)
'B STREET
(E. SUMMER LAKE DRIVE)
(E. SUMMER LAKE DRIVE)
(E. SUM
ER
LAKE
DRIVE)
'E' STREET
'D' STREET
'F' COURT 'G' STREET 'H' STREET
'I' STREET
'J' STREET
'K' STREET
'L' STREET 'M' STREET 'N' STREET
'N' STREET
'O' COURT
'Q' STREET 'R' STREET 'S' STREET
'T' STREET
'U' STREET
'V' STREET 'W' STREET 'Q' STREET
'X' STREET
'Y' STREET
'Z' STREET 'BB' STREET
'AA' STREET
'CC' STREET 'DD' STREET
'DD' STREET
'DD' STREET
'EE' STREET
'FF' STREET 'FF' STREET
'FF' STREET
'GG' STREET
'HH' COURT
'II' STREET
'JJ' STREET
'KK' COURT
'LL' STREET 'MM' STREET
'P' STREET 'NN' STREET
'OO' STREET
'UU' STREET
'VV' STREET 'WW' STREET
'XX' STREET
'PP' STREET 'QQ' STREET 'RR' STREET
'SS' STREET
'TT' STREET
'YY' STREET
'ZZ' STREET
'AAA' STREET
'BBB' COURT
'CCC' COURT
'DDD' COURT
'EEE' COURT
'FFF' STREET 'GGG' STREET PARCEL D (OPEN SPACE)
PARCEL E
(PARK)
PARCEL G
(PARK)
PARCEL H
(OPEN SPACE)
PARCEL I
(OPEN SPACE)
PARCEL Q (PARK)
PARCEL R
(PARK)
PARCEL U
PARCEL T (OPEN SPACE)
PARCEL W
(PARK)
'HHH' STREET 'III' STREET
'JJJ' STREET
'LLL' STREET 'NNN' COURT
'MMM' STREET
'OOO' STREET
'PPP' STREET
'QQQ' STREET
'JJJ' STREET
'RRR' COURT
'SSS' STREET
'GGG' COURT
'H' COURT
LEVEE
PARCEL B
N1
N5
N4
N6
N3
N3
N5
N2
G:\1292-032\ACAD\CONFORMANCE EXHIBITS\CONFORM_01.DWG
SUBDIVISION 9307
SUMMER LAKE NORTH
CONFORMANCE EXHIBIT
OVERALL SITE PLAN
CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 200' DATE: FEBRUARY 17, 2021
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
SACRAMENTO
(925) 866-0322
(916) 375-1877
0 200 400 600
OF SHEET
SHEET NO.
1 5
CONTACTS
GENERAL NOTES
VICINITY MAP
LEGEND
581
EXISTING PROPOSED
ABBREVIATIONS
TYPICAL PARK / LAKE SECTION
TYPICAL LEVEE SECTION
LAND USE SUMMARY
LAND USE AREA (AC±)
OVERALL LOTTING SUMMARY
NEIGHBORHOOD
LOT TYPE
(TYP.)
NUMBER OF
LOTS
LOT NUMBER
RANGE
AREA
(AC±)
AVG LOT
SIZE (SF±)
MIN LOT
SIZE (SF±)
MAX LOT
SIZE (SF±)
SHEET INDEX
SHEET NO. SHEET DESCRIPTION
434
SANDMOUND BOULEVARD
LEVEE LEVEE BETHEL ISLAND ROAD LEVEE LEVEE
1 2
5 4
1 3
PARCEL B
PARCEL B
822
824 'B' STREET
'C' STREET
168
169
170
255
257 258 259 260 261 262 263
269 268 267 266 265 264
270
271
272
273
274
275
276
277
278
279
280
281
282
290 289 288 287 286 285 284 283
291 292 293 294 295 296 297 298
306 305 304 303 302 301 300 299
307 308 309 310 311 312 313 314
322 321 320 319 318 317 316 315
323 324 325 326 327 328 329 330
331
332
333
334
335
336
337
338
339
340
341
342
343
345
347
357
362
379 384 399 402
416
459 460 461 462 463 464 465 466 467 468 469 470
471
472
473 474
823
(E. SUMMER LAKE DRIVE)
'V' STREET 'W' STREET 'Q' STREET
'X' STREET
'Y' STREET
'Z' STREET 'BB' STREET
'AA' STREET
'CC' STREET
'DD' STREET
'DD' STREET 'MM' STREET
PARCEL G
(PARK)
PARCEL H
(OPEN SPACE) PARCEL B
PARCEL B PARCEL A
344 PARCEL A
LEVEE
LEVEE
4 3 LEVEE ACCESS ROAD LEVEE ACCESS ROAD
LEVEE ACCESS ROAD
LEVEE ACCESS ROAD
LEVEE ACCESS ROAD
5 G:\1292-032\ACAD\CONFORMANCE EXHIBITS\CONFORM_02-05.DWG SUBDIVISION 9307
SUMMER LAKE NORTH
CONFORMANCE EXHIBIT
LOTTING PLAN
CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 100' DATE: FEBRUARY 17, 2021
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
SACRAMENTO
(925) 866-0322
(916) 375-1877
0 100 200 300
OF SHEET
SHEET NO.
2 5
KEY MAP
LOOP ROAD LOCAL STREET
FUTURE BETHEL ISLAND ROAD
SHEET LOCATION
EXISTING EASEMENTS
1 2
3 4
5 6
SEE SHEET 3 SEE SHEET 4 'MM' STREET
'LL' STREET
'JJ' STREET
PROJECT COLLECTOR ROAD
SANDMOUND BOULEVARD
435
BETHEL ISLAND ROAD
CYPRESS ROAD LEVEE EXISTING
LEVEE
CYPRESS ROAD
CYPRESS ROAD
SUMMER LAKE DRIVE
MANRE
S
A
S
H
OR
E
LA
TALARIA DRIVE
2 4
6 1
6 6
8 9
PARCEL N
(SS PUMP STATION) PARCEL A
PARCEL M
(SD PUMP STATION) LEVEE
CYPRESS ROAD LEVEE ACCESS ROAD
LEVEE ACCESS ROAD LEVEE ACCESS ROAD BETHEL ISLAND ROAD
PARCEL C
'B' STREET
PARCEL S
(COMMERCIAL)
PARCEL J
(LAKE)
PARCEL F
(WETLAND)
49 48
47 46
45 44
43 42
41 40
39 38
37 36
35 34
33 32
31 30
29 28
27 26
25 24
23 22
51 1 2 3 4 5 6
7 8
9 10
11 12
13 14
15 16 17
18 19
20 21
50 52
53 57
55 54
56 62
61 60
59 58
64 65
66 67
68 63
69 70 71
72 73
74 75
76 77
78 79 80
81 82 83
84 85
88 89
90 91
92 93
94 95
96 97
98 99
102
103 104 105 106
87 86
100 101
111
110
109
108
107
112
114
115
116
117
118
113
119
121
122
123
124
125
120
126
127
128
129 130 131
132
133
134
135
136
137
138
139 140
141
142
143 144
145
146
147
148 149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182 183 184 185 186 187 188 189
190
191
192
193
194 195 196 197 198 199 200 201
211 210 209 208 207 206 205 204 203 202
212 213 214 215 216 217 218 219 220 221
231 230 229 228 227 226 225 224 223 222
232 233 234 235 236 237 238 239 240 241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257 258 259 260 261 262 263 345
346
347
348
349
350
351
352
353 354
355
356
357
362
363
364
365
366
367 368 369
370 371 372 373
374
375
376
377
379 384
385
386
387 388
389
390
391
392 393 394 395
396
397
398
399 402
403
404
405
416
459 460 461 462 463 464 465 466 467 468 469 470 471
472
473 474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492 493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516 517 518 519 520 521 522 523 524 525 526
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
564
565
566
567
574
573 572 571 570 569
568
575
576
577
578 579 580
581
597
598
599
600
601
602
603
604
667
668
669
670
671
672
673
674
675
676
677
678
685
684
683
682
681
680
679
( S
U
M
M
E
R LA
K
E
D
R I V
E )
' A ' STREET
(
E . SUM
ER
LAKE
DR I VE )
'E' STREET
'D' STREET
'F' COURT 'G' STREET 'H' STREET
'I' STREET
'J' STREET
'K' STREET
'L' STREET 'M' STREET 'N' STREET
'N' STREET
'O' COURT
'Q' STREET 'R' STREET 'S' STREET
'T' STREET
'U' STREET
'V' STREET 'W' STREET
'CC' STREET
'DD' STREET
'DD' STREET
'FF' STREET
'FF' STREET
'II' STREET
'JJ' STREET
'KK' COURT
'LL' STREET 'MM' STREET
'P' STREET
'NN' STREET
'OO' STREET
'UU' STREET
'VV' STREET
'WW' STREET
'XX' STREET
'PP' STREET
'QQ' STREET
'RR' STREET
'SS' STREET
'TT' STREET
'YY' STREET
'ZZ' STREET
'DDD' COURT
PARCEL D (OPEN SPACE)
PARCEL E
(PARK)
PARCEL G
(PARK)
PARCEL Q
(PARK)
PARCEL T
(OPEN SPACE)
PARCEL J
(LAKE)
495
'H' COURT
3 7
7 1
346
LEVEE ACCESS ROAD
5 G:\1292-032\ACAD\CONFORMANCE EXHIBITS\CONFORM_02-05.DWG SUBDIVISION 9307
SUMMER LAKE NORTH
CONFORMANCE EXHIBIT
LOTTING PLAN
CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 100' DATE: FEBRUARY 17, 2021
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
SACRAMENTO
(925) 866-0322
(916) 375-1877
0 100 200 300
OF SHEET
SHEET NO.
3 5
SEE SHEET 5
KEY MAP
LOOP ROAD
LOCAL STREET
SHEET LOCATION
EXISTING EASEMENTS
1 2
4 5
6 7
8 9
SEE SHEET 4
SEE SHEET 2
'DD' STREET SEE SHEET 4
PARCEL L
(SCHOOL)
3 FUTURE BETHEL ISLAND ROAD
436
PARCEL M
(SD PUMP STATION)
LEVEE
4 1
2 PARCEL N
(SS PUMP STATION)
PARCEL L
(SCHOOL)
PARCEL K
(PARK)
LEVEE ACCESS ROAD
'B' STREET
PARCEL Y
(LIGHT INDUSTRIAL)
PARCEL P
(PARK)
PARCEL O
(WETLAND)
PARCEL J
(LAKE)
PARCEL B 'B' STREET
132
133
134
135
136
137
150
151
152
153
154
155
156
157
158
159
168
169
170
171
172
173
174
175
176
177
178
179
180
181
339
340
341
344
345
347
348
349
350
351
352
353 354
355
356
357
358 359 360
361
362
363
364
365
366
367 368 369 370 371 372 373
374
375
376
377
378
379 380 381 382
383
384
385
386
387 388
389
390
391
392 393 394 395
396
397
398
399
400 401
402
403
404
405
413
414
415
406 407 408 409 410 411 412
416 417 418
419
420
421 422
423
424
425
426
427
428
429
430 431 432 433
434
435
436
437
438
439
440
441
442
443
444 445 446 447 448 449 450 451 452 453
455 454
457 456 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472
473 474
475
476
477
478
479
480
481
482
483
495
496
497
533
538
539
540
541
542
543
544
545
546
547
548
549
574
573 572 571 570 569
575
576
577
578 579 580
657
658
659
660
661
662
663
664
665
666
691
763
764
765
766
767
778
779
780
781
782
783 784 785 786 787
788
795 794 793 792
791
790
806 807 808 809 810 811 812 813 814 815
816
817
' A ' STRE
T
(E. SUMMER LAKE DRIVE)
(E. SUMMER LAKE DRIVE)
(
E . SUM
ER
LAKE
DR I VE )
'N' STREET
'CC' STREET 'DD' STREET
'DD' STREET
'DD' STREET
'EE' STREET
'FF' STREET
'FF' STREET
'FF' STREET
'GG' STREET
'HH' COURT
'II' STREET
'JJ' STREET
'KK' COURT
'LL' STREET 'MM' STREET
'P' STREET
'NN' STREET
'OO' STREET
'PP' STREET
'QQ' STREET
'RR' STREET
'TT' STREET 'AAA' STREET
'PPP' STREET
'QQQ' STREET
'JJJ' STREET
'RRR' COURT
346
495
'SSS' STREET
LEVEE
PARCEL B
LEVEE ACCESS ROAD
PARCEL I
(OPEN SPSACE)
G:\1292-032\ACAD\CONFORMANCE EXHIBITS\CONFORM_02-05.DWG SUBDIVISION 9307
SUMMER LAKE NORTH
CONFORMANCE EXHIBIT
LOTTING PLAN
CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 100' DATE: FEBRUARY 17, 2021
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
SACRAMENTO
(925) 866-0322
(916) 375-1877
0 100 200 300
OF SHEET
SHEET NO.
4 5 SEE SHEET 3
KEY MAP
LOOP ROAD
LOCAL STREET
SHEET LOCATION
EXISTING EASEMENTS
1 2
SEE SHEET 5
SEE SHEET 2
'ZZ' STREET
'BBB' COURT
437
CYPRESS ROAD
SANDMOUND BOULEVARD
EXISTING LEVEE
LEVEE
CYPRESS ROAD
PATHFINDER COURT
TALARIA DRIVE
2 3
4 5
6 7
8 9
10 11
12 14
13 15
16 818
819
820 821
PARCEL N
(SS PUMP STATION)
PARCEL Z
(LIGHT INDUSTRIAL)
PARCEL L
(SCHOOL)
PARCEL K
(PARK)
'B' STREET
LEVEE
LEVEE ACCESS ROAD
LEVEE ACCESS ROAD
PARCEL X PRIVATE DRIVEWAY
(E. SUMMER LAKE DRIVE)
E . SUM
ER
LAKE
DR I VE
PARCEL U
(OPEN SPACE)
'B' STREET
PARCEL BB
(AGRICULTURE
LIMITED)
PARCEL AA
(AGRICULTURE
LIMITED)
PARCEL Y
(LIGHT INDUSTRIAL)
PARCEL P
(PARK)
PARCEL O
(WETLAND)
WETLAND
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516
558
559
560
562
563
572 571 570 569
577
578 579 580
582
583
584
585
586
587
588
589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613 614
615
616
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633
634
635
636
637
638
639
640
641
642
643
644
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
665
666
667
668
669
670
671
672
673
674
675
676
677
678
691
690
689
688
687
686
685
684
683
682
681
680
679
692
693
694
695
696
701
700
699
698
697
702
703
704
705
706
707
708
710
709
711
712
713
716
715
714
717
718
719
720
721
722 723 724 725 726 727 728 729 730
731
732
733
734
735
736
737
738
739
740
741
742 743
744
745
746
747
748
749
750
751
752
753
754
755
756
757
758
759
760
761
762
763
764
765
766
767
768
769
770
771
772 773 774
775
776
777
778
779
780
781
782
783 784 785 786 787
788
795 794 793 792
791
790
789
796
797
798
799
800
801
802
803
804
805
806 807 808 809 810 811 812 813 814 815
816
817
(E. SUMMER LAKE DRIVE)
'WW' STREET
'XX' STREET
'PP' STREET
'QQ' STREET
'SS' STREET
'TT' STREET
'YY' STREET
'ZZ' STREET
'AAA' STREET
'BBB' COURT 'CCC' COURT
'DDD' COURT
'EEE' COURT
'FFF' STREET
'GGG' STREET
PARCEL Q (PARK)
PARCEL R
(PARK)
PARCEL U
PARCEL T
(OPEN SPACE)
PARCEL W
(PARK)
'HHH' STREET
'III' STREET
'JJJ' STREET
'LLL' STREET 'NNN' COURT
'MMM' STREET
'OOO' STREET
'PPP' STREET
'QQQ' STREET
'JJJ' STREET
'RRR' COURT
PARCEL V
(SS PUMP STATION)
495
494
'SSS' STREET
MANR
E
SA
SHORE
LANE
'GGG' COURT
PARCEL B
PARCEL B EXISTING LEVEE
1 1 PRIVATE DRIVEWAY
G:\1292-032\ACAD\CONFORMANCE EXHIBITS\CONFORM_02-05.DWG SUBDIVISION 9307
SUMMER LAKE NORTH
CONFORMANCE EXHIBIT
LOTTING PLAN
CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 100' DATE: FEBRUARY 17, 2021
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
SACRAMENTO
(925) 866-0322
(916) 375-1877
0 100 200 300
OF SHEET
SHEET NO.
5 5
SEE SHEET 3
KEY MAP
LOOP ROAD
LOCAL STREET
SHEET LOCATION
EXISTING EASEMENTS
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
LEVEE ACCESS ROAD
SEE SHEET 4
CYPRESS ROAD
438
EXHIBIT B
ENGINEER’S ESTIMATE
439
ENGINEER'S BOND ESTIMATE May 1, 2024
SUMMER LAKE NORTH Job No.: 1292-101
VILLAGE 1 (PHASE 1)
SUBDIVISION 9616
OAKLEY, CALIFORNIA
Item Description Quantity Unit Unit Price Amount
STREET IMPROVEMENTS
1 3.5" Asphalt Concrete ($0.45 per Inch) 146,696 SF $ 1.58 $ 231,046 2 9" Aggregate Base ($0.18 per Inch) 146,696 SF $ 1.62 $ 237,648 3 Pavement Sealant (Fog) 146,696 SF $ 0.02 $ 2,934
4 8" Median Curb 169 LF $ 18 $ 3,042
5 Sidewalk 42,531 SF $ 4.50 $ 191,390
6 Thru-the-Curb Drain (Schedule 40 PVC) 176 EA $ 50 $ 8,800 7 Curb Ramp 17 EA $ 1,500 $ 25,500
8 Driveway Approach (Residential) 6,732 SF $ 5 $ 33,660 9 Striping (Centerline, Crosswalk, Stop Bars & Street Signs) 1 LS $ 5,000 $ 5,000 10 Street Trees (Budget) (Assume 2 per Lot) 176 EA $ 250 $ 44,000 11 6" Vertical Curb and Gutter 8,139 LF $ 23 $ 187,197
12 Survey Monuments 15 EA $ 650 $ 9,750
13 Conform to Existing Pavement (Assume 10') 600 SF $ 4 $ 2,400 14 Temporary Barricade 2 EA $ 1,500 $ 3,000
Subtotal Street Improvements $ 985,366
DRAINAGE IMPROVEMENTS
15 12" HPDE 49 LF $ 45 $ 2,205
16 18" HPDE 4,187 LF $ 55 $ 230,285
17 24" HDPE 366 LF $ 70 $ 25,620
18 30" HDPE 219 LF $ 82 $ 17,958
19 36" HDPE 150 LF $ 97 $ 14,550
20 Catch Basin (Type I Inlet) 45 EA $ 3,000 $ 135,000
21 Catch Basin (Type A Inlet) 4 EA $ 5,000 $ 20,000
22 Field Inlet (Type II Inlet) 2 EA $ 3,000 $ 6,000
23 Field Inlet (Type C Inlet) 1 EA $ 5,000 $ 5,000
24 SD Manhole (Standard Manhole) 4 EA $ 4,500 $ 18,000
Subtotal Drainage Improvements $ 474,618
ELECTRICAL IMPROVEMENTS
25 Streetlight 23 EA $ 4,500 $ 103,500
26 Electrolier Pull Box 23 EA $ 100 $ 2,300
Subtotal Electrical Improvements $ 105,800
LANDSCAPE
27 Parcel A - Neighborhood Park 50,960 SF $ 10 $ 509,600 Subtotal Landscape $ 509,600
P:\1200 - 1299\1292-101\Estimates\Bond\CITY\Bond 1_SLN Village 1_City_004.xlsx\CITY Page 1 of 2 2633 CAMINO RAMON, SUITE 350 I SAN RAMON, CALIFORNIA 94583 I (925) 866-0322 1430 BLUE OAKS BOULEVARD, SUITE 110 I ROSEVILLE, CALIFORNIA 95747 I (916) 788-4456 www.cbandg.com
CIVIL ENGINEERS I SURVEYORS I PLANNERS
440
Item Description Quantity Unit Unit Price Amount
MISCELLANEOUS
28 Mobilization 1 LS $ 50,000 $ 50,000
Subtotal Miscellaneous $ 50,000
SUBTOTAL SUMMER LAKE NORTH - VILLAGE 1 CONSTRUCTION COST $ 2,125,384 10% CONTINGENCY $ 212,538
TOTAL SUMMER LAKE NORTH - VILLAGE 1 CONSTRUCTION COST $ 2,338,000 (to the nearest $1,000)
Notes:
1 2
3 This estimate excludes all associated Agency fees and costs.
This estimate is based on the Summer Lake North Phase 1 - Village 1 Improvement Plans dated 02/07/2024. The Improvement Plans are subject to final design and approval.
This estimate is based on information available at this time and this office assumes no liability for changes in prices due to unforeseen condtitions or changes required by governing agencies.
P:\1200 - 1299\1292-101\Estimates\Bond\CITY\Bond 1_SLN Village 1_City_004.xlsx\CITY Page 2 of 2 441
EXHIBIT C
INSURANCE REQUIREMENTS
CONSTRUCTION CONTRACTS
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit (i.e., $10,000,000)
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.
5. Surety Bonds as described below.
6. Professional Liability (if Design/Build), with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
7. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Contractor shall procure and maintain for the duration of the contract, and if Contractor has a claims-made policy, Contractor shall maintain for two years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer to reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
442
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01forms if later revisions used).
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide notice will be provided to City in the event that the policy is terminated. Contractor shall immediately notify City of any insurance cancellation or termination and shall provide replacement insurance policy documentation to the City.
Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.
If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mod exclusion, and the definition of Pollution shall include microbial matter, including mold.
443
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. Worker’s Compensation policies shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 10 10 01 and CG 20 37 10 01.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid bond
2. Performance bond
3. Payment bond
4. Maintenance bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Special Risks or Circumstances
City reserves right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 444
EXHIBIT D
VERIFICATION OF INSURANCE
445
1 SUBDIVISION 9616
CONSISTING OF 13 SHEETS
BEING A SUBDIVISION OF LOT 1 AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGES 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
MAY 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
SUMMER LAKE NORTH - VILLAGE 1
JOB NO. 1292-101 SHEET OF 13
OWNER'S STATEMENT
OWNER'S ACKNOWLEDGMENT
COUNTY RECORDER'S STATEMENT
OWNER'S ACKNOWLEDGMENT
PROJECT
SITE
VICINITY MAP
CLERK OF THE BOARD OF SUPERVISORS '
STATEMENT
446
2 SUBDIVISION 9616
CONSISTING OF 13 SHEETS
BEING A SUBDIVISION OF LOT 1 AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGES 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
MAY 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
SUMMER LAKE NORTH - VILLAGE 1
JOB NO. 1292-101 SHEET OF 13
TRUSTEE'S ACKNOWLEDGMENT
TRUSTEE'S STATEMENT SIGNATURE OMISSIONS: SOILS REPORT
447
3 SUBDIVISION 9616
CONSISTING OF 13 SHEETS
BEING A SUBDIVISION OF LOT 1 AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGES 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
MAY 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
SUMMER LAKE NORTH - VILLAGE 1
JOB NO. 1292-101 SHEET OF 13
CITY ENGINEER'S STATEMENT
CITY CLERK'S STATEMENT
CERTIFICATE OF DEDICATION FOR SAME CITY COUNCIL STATEMENT
PUBLIC PURPOSE
SURVEYOR'S STATEMENT CITY SURVEYOR'S STATEMENT
448
BETHEL ISLAND ROAD LAKE TAHOE DRIVE
EAST LAKE TAHOE DRIVE 4
100'
GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
SUBDIVISION 9616
SCALE: 1" =
CONSISTING OF 13 SHEETS
BEING A SUBDIVISION OF LOT 1 AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGES 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
MAY 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
SUMMER LAKE NORTH - VILLAGE 1
BASIS OF BEARINGS:
LEGEND
REFERENCES:
JOB NO. 1292-101 SHEET OF 13
EASEMENT NOTE:
449
6 11
12 13
37 38
39 40
41 42
43 44
45 46
47 48
49 50
95 94 93 92 91 90 89 88 87 86
106 105 104 103 102 101 100 99 98 97 96
119
118
117
116
115
114
112 113
111
110
109
108
107
159
158
157
156
155
154
153
152
151
134
135
136
137
138
140 139
141
142
143 144 145
146
149 148 147 120
121
122
123
124
125
126
127 128 129 130 131 132
133
PARCEL A
150 BETHEL ISLAND ROAD
7 8
9 10
LAGUNA BLANCA WAY
CHARLOTTE STREET EAGLE CIRCLE
ANGORA STREET
SUMMIT COURT
EAGLE CIRCLE
EAGLE CIRCLE EAGLE CIRCLE WRIGHTS STREET
LAKE TAHOE DRIVE
EAST LAKE TAHOE DRIVE
JOB NO. 1292-101 SHEET OF 13 5
1 100'
GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
SUBDIVISION 9616
SCALE: 1" =
CONSISTING OF 13 SHEETS
BEING A SUBDIVISION OF LOT 1 AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGES 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
MAY 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
SUMMER LAKE NORTH - VILLAGE 1
BASIS OF BEARINGS:
LEGEND
REFERENCES:
450
PARCEL A SEE SHEET 7
SEE SHEET 12 SEE SHEET 13
CHARLOTTE STREET
EAGLE CIRCLE
LAGUNA BLANCA WAY
ANGORA STREET
156
155
86 89 88 87
103 104 105 106
159
158
157 LAKE TAHOE DRIVE
JOB NO. 1292-101 SHEET OF 13 6
30'
GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
SUBDIVISION 9616
SCALE: 1" =
CONSISTING OF 13 SHEETS
BEING A SUBDIVISION OF LOT 1 AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGES 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
MAY 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
SUMMER LAKE NORTH - VILLAGE 1
BASIS OF BEARINGS:
LEGEND
REFERENCES:
EASEMENT NOTE:
451
96 97 99 100
95 94 93 92 91 90
98 101 102
PARCEL A SEE SHEET 6
SEE SHEET 8
SEE SHEET 10 SEE SHEET 12
CHARLOTTE STREET
WRIGHTS STREET
EAGLE CIRCLE
ANGORA STREET
JOB NO. 1292-101 SHEET OF 13 7
30'
GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
SUBDIVISION 9616
SCALE: 1" =
CONSISTING OF 13 SHEETS
BEING A SUBDIVISION OF LOT 1 AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGES 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
MAY 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
SUMMER LAKE NORTH - VILLAGE 1
BASIS OF BEARINGS:
LEGEND
REFERENCES:
EASEMENT NOTE:
452
41 37
40 39
38 43
42 SEE SHEET 7
SEE SHEET 9 BETHEL ISLAND ROAD CHARLOTTE STREET EAGLE CIRCLE ANGORA STREET JOB NO. 1292-101 SHEET OF 13 8
30'
GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
SUBDIVISION 9616
SCALE: 1" =
CONSISTING OF 13 SHEETS
BEING A SUBDIVISION OF LOT 1 AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGES 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
MAY 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
SUMMER LAKE NORTH - VILLAGE 1
BASIS OF BEARINGS:
LEGEND
REFERENCES:
EASEMENT NOTE:
453
SEE SHEET 10 BETHEL ISLAND ROAD EAGLE CIRCLE EAGLE CIRCLE ANGORA STREET 50 49
48 47
46 45
44 JOB NO. 1292-101 SHEET OF 13 9
SEE SHEET 8
30'
GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
SUBDIVISION 9616
SCALE: 1" =
CONSISTING OF 13 SHEETS
BEING A SUBDIVISION OF LOT 1 AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGES 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
MAY 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
SUMMER LAKE NORTH - VILLAGE 1
BASIS OF BEARINGS:
LEGEND
REFERENCES:
EASEMENT NOTE:
454
SEE SHEET 9
SEE SHEET 11 SEE SHEET 12
SEE SHEET 7
EAGLE CIRCLE
EAGLE CIRCLE
WRIGHTS STREET
ANGORA STREET 113 114 115 116 117 118 119
112 111 110 109 108 107
JOB NO. 1292-101 SHEET OF 13 10
30'
GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
SUBDIVISION 9616
SCALE: 1" =
CONSISTING OF 13 SHEETS
BEING A SUBDIVISION OF LOT 1 AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGES 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
MAY 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
SUMMER LAKE NORTH - VILLAGE 1
BASIS OF BEARINGS:
LEGEND
REFERENCES:
EASEMENT NOTE:
455
SEE SHEET 10
SEE SHEET 12 SEE SHEET 13
EAGLE CIRCLE WRIGHTS STREET SUMMIT COURT
EAGLE CIRCLE
142
143
148
145
146
147
149
124
121
123
122
120
144
JOB NO. 1292-101 SHEET OF 13 11
30'
GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
SUBDIVISION 9616
SCALE: 1" =
CONSISTING OF 13 SHEETS
BEING A SUBDIVISION OF LOT 1 AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGES 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
MAY 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
SUMMER LAKE NORTH - VILLAGE 1
BASIS OF BEARINGS:
LEGEND
REFERENCES:
EASEMENT NOTE:
456
SEE SHEET 7
SEE SHEET 6 SEE SHEET 10
SEE SHEET 11 SEE SHEET 13 WRIGHTS STREET
SUMMIT COURT
ANGORA STREET
141
127
126
125
130
128
129
140
JOB NO. 1292-101 SHEET OF 13 12
30'
GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
SUBDIVISION 9616
SCALE: 1" =
CONSISTING OF 13 SHEETS
BEING A SUBDIVISION OF LOT 1 AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGES 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
MAY 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
SUMMER LAKE NORTH - VILLAGE 1
BASIS OF BEARINGS:
LEGEND
REFERENCES:
EASEMENT NOTE:
457
SEE SHEET 11
SEE SHEET 12
SEE SHEET 6 SUMMIT COURT
EAGLE CIRCLE
ANGORA STREET
135 134 137 136
154
152
153
150
151
132
131
133
139
138
LAKE TAHOE DRIVE
EAGLE CIRCLE
JOB NO. 1292-101 SHEET OF 13
30'
GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
SUBDIVISION 9616
SCALE: 1" =
CONSISTING OF 13 SHEETS
BEING A SUBDIVISION OF LOT 1 AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGES 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
MAY 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
SUMMER LAKE NORTH - VILLAGE 1
BASIS OF BEARINGS:
LEGEND
REFERENCES:
13 EASEMENT NOTE:
458
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: May 14, 2024
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director & City Engineer SUBJECT: Adopt Two Resolutions Approving a Subdivision Improvement Agreement and Final Map for Summer Lake North (Phase 1) Village 2 Subdivision 9617 located at the northeast corner of East Cypress Road and Bethel Island Road
Background and Analysis
On October 25, 2011, the City Council approved the Summer Lake North Subdivision 9307 (TM 01-11) Vesting Tentative Map Subdividing 409 acres into 824 residential lots, a 70-acre man-made lake, open space, parks, a commercial area, and other associated improvements, including construction of levee improvements.
On April 23, 2021, the Community Development Director prepared a letter of substantial conformance letter stating that the updated Vesting Tentative Map presented to the city is in substantial conformance to the originally approved Vesting Tentative Map.
On October 31, 2022, DeNova Homes LLC filed an application requesting Design Review approval for the Summer Lake North Subdivision. Plans consist of floor plans, architectural elevations, colors and materials schemes, and village preliminary development plans for 817 new single-family residential three architectural types preselected from five architectural types used throughout the entire subdivision (Spanish, Tusca, Farmhouse, Traditional, and Prairie). Livable area of the homes is between 1,927 sf and 3,479 sf. The site is in the Summer Lake North Subdivision 9307 located east of Bethel Island Road and north of East Cyress Road. The site is zoned SP-1 (East Cypress Corridor Specific Plan) District. APNs 032-370-033 and 032-370-035.
On March 7, 2023, Resolution 5-23, the Planning Commission made findings and approved the Summer Lake North Design Review (DR 09-22) within the Summer Laker North Subdivision 9307.
On February 27, 2024, Resolution 19-24 and 20-24, the City Council approved the large lot Final Map and Subdivision Improvement Agreement of Subdivision 9307 Summer Lake North, which subdivided the property carving out the various parcels for the park, lake, pump station, sewer lift station, levee, backbone roadway infrastructure, and parcels for future villages within this master planned community.
Approved and
Forwarded to the
City Council
459
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Civic Summer Lake North, LLC, is now requesting approval for the City Council to execute the Subdivision Improvement Agreement and approve the final map for Subdivision 9617 Summer Lake North (Phase 1) Village 2. In order to satisfy all remaining conditions of approval, a Subdivision Improvement Agreement must be approved with the recordation of the final map.
The City Engineer and City Surveyor have reviewed the tentative map approval documents and the final map, and have found the map to be technically correct, in substantial compliance with the conditionally approved tentative map, development agreement, and all final map conditions of approval have been met (or are being secured by way of this agreement).
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community Health and Safety goals to build safe streets and healthy neighborhoods.
Fiscal Impact
There is no fiscal impact associated with this action as all the work is being performed by the Developer.
Staff Recommendation
Staff recommends that the City Council adopt the Resolutions to execute the Subdivision Improvement Agreement and approve the Final Map for Subdivision 9617 Summer Lake North (Phase 1) Village 2.
Attachments
Attachment 1. Vicinity Map
Attachment 2. Resolution Approving the Final Map
Attachment 3. Resolution Approving the Subdivision Improvement Agreement Attachment 4. Subdivision Improvement Agreement (SIA)
Exhibit A – City Council Resolution No. 116-11 & Substantial Conformance Letter
Exhibit B – Engineer’s Estimate
Exhibit C – Insurance Requirements
Exhibit D – Verification of Required Insurance
Attachment 5. Reduction of Subdivision 9617 Summer Lake North (Phase 1) Village 2 Final Map
460
Vicinity Map
Subdivision 9617
Summer Lake North - Village 2
1 3
4 8
13 7
6 5
9 10 11
12 Maxa
¯
2 461
RESOLUTION NO. ___-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY
APPROVING THE FINAL MAP FOR SUMMER LAKE NORTH (PHASE 1) VILLAGE 2 SUBDIVISION 9617
WHEREAS, On February 27, 2024, Resolution 19-24 and 20-24, the City Council approved the Final Map and Subdivision Improvement Agreement of Subdivision 9307 Summer Lake North Subdivision; and,
WHEREAS, Subdivision 9617 is Village 2 within Phase 1 of the master planned community of Summer Lake North; and,
WHEREAS, Civic Summer Lake North, LLC, has satisfied the necessary conditions of approval for Subdivision 9617 Summer Lake North (Phase 1) Village 2 Subdivision, as approved by the City Council on October 25, 2011, Resolution Number 116-11; and,
WHEREAS, the City Engineer has determined that the conditions of approval required prior to final map approval for Subdivision 9617 Summer Lake North (Phase 1) Village 2 have been satisfied; and
WHEREAS, the City Surveyor has determined that the final map attached herein as Exhibit A is technically correct.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oakley that the final map labeled “Subdivision 9617 Summer Lake North Village 2”, as prepared by Carlson, Barbee, & Gibson, Inc. be approved.
PASSED AND ADOPTED by the City Council of the City of Oakley, California, this 14th day of May 2024 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
_________________________
Anissa Williams, Mayor
ATTEST:
_______________________
Libby Vreonis, City Clerk Date
462
RESOLUTION NO. __-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING
THE SUBDIVISION IMPROVEMENT AGREEMENT WITH CIVIC SUMMER LAKE NORTH, LLC, FOR SUBDIVISION 9617 SUMMER LAKE NORTH (PHASE 1) VILLAGE 2 AND AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT WHEREAS, the City Council of the City of Oakley, California, wishes to enter into a Subdivision Improvement Agreement with Civic Summer Lake North, LLC, for the development of a residential subdivision known as Subdivision 9617 Summer Lake North (Phase 1) Village 2; and,
WHEREAS, this agreement will require the developer to complete $2,024,000 for the Public Improvements in accordance with the project conditions of approval and City standard construction design.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oakley that the Subdivision Improvement Agreement with Civic Summer Lake North, LLC, is hereby approved and the City Manager is hereby authorized to execute the Subdivision Improvement Agreement for the development of Subdivision 9617 Summer Lake North (Phase 1) Village 2 in the form attached hereto as Exhibit A is made part of this resolution.
PASSED AND ADOPTED by the City Council of the City of Oakley this 14th day of May 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
____________________
Anissa Wiilliams, Mayor
ATTEST:
_______________________ _____________________
Libby Vreonis, City Clerk Date
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CITY OF OAKLEY
SUBDIVISION IMPROVEMENT AGREEMENT
SUBDIVISION 9617
This agreement is made and entered into this 14th day of May 2024 by and between the City of Oakley, a municipal corporation, hereinafter referred to as "CITY", and Civic Summer Lake North, LLC, a Delaware limited liability company, hereinafter referred to as "DEVELOPER".
R E C I T A L S
WHEREAS, it has been determined by the City Council of the City of Oakley, State of California, that DEVELOPER, the subdivider of Subdivision 9617, desires to improve and dedicate those public improvements (hereafter “The Improvements”) required by the conditions of approval for the project as adopted by the City of Oakley City Council via Resolution Number 116-11, and further affirmed with the substantial conformance letter from City dated April 23, 2021, in accordance with the requirements and conditions set forth in approvals, the requirements of the Subdivision Map Act of the State of California, and those certain plans and specifications for said development approved by CITY and titled “Summer Lake North - Phase 1 Village 2 Improvement Plans Subdivision 9617 prepared by Carlson, Barbee, and Gibson, Inc., now on file in the office of the City Engineer, which are hereby referred to for a more definite and distinct description of the work to be performed under this Agreement as though set forth at length herein; and WHEREAS, DEVELOPER and CITY acknowledge that not all conditions of approval (“COA”) contained in Resolution Number 116-11, and further affirmed with the substantial conformance letter from City dated April 23, 2021, have been satisfied, but nevertheless, DEVELOPER desires to file a final map. The satisfaction of all COA are the subject of this Agreement. DEVELOPER’s agreement to satisfy all COA, unless mutually agreeable modifications are approved by City at a later date, and construct the Improvements identified in the aforementioned COA is a material part of the consideration for this Agreement; and
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of dedication of The Improvements in consideration for DEVELOPER's satisfactory performance of the terms and conditions of this Agreement:
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows:
1. Improvements.
DEVELOPER agrees to install the road improvements (both public and private), sewer and drainage improvements, signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required as conditions of 464
approval of Tentative Map 9307 as set forth in Exhibit A to this Agreement, which is incorporated herein as if set forth at this point, or as otherwise required in the subdivision ordinance. In the event that any provision of this Agreement conflicts with the provisions of Exhibit A the provisions of Exhibit A shall prevail to the extent that the conflicting provision in Exhibit A requires a greater or more extensive improvement or expenditure, or to the extent that that provision extends DEVELOPER’s obligations over a greater period of time than the specific provision set forth herein. Such improvements shall also be made in conformance with the City of Oakley Municipal Code and Contra Costa County Ordinance Code as adopted and enforced by the City of Oakley.
DEVELOPER will commence construction of The Improvements within 30 days following the date on which CITY executes this Agreement. DEVELOPER shall complete said work not later than 36 months following said date of execution in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the City of Oakley Municipal Code and Contra Costa County Ordinance Code and rulings made thereunder; and where there is a conflict between the improvement plans and the City Municipal Code or County Ordinance Code, the stricter requirements shall govern. It is understood that the City of Oakley was incorporated effective July 1, 1999, and as such continues to rely on certain laws, ordinances and design standards of the County of Contra Costa. References herein to the County Code or County Ordinance Code are understood to refer to such ordinances and codes as if adopted by the City of Oakley.
Time is of the essence in this Agreement. Upon completion, DEVELOPER shall furnish CITY with a complete and reproducible set of final as-built plans of The Improvements, including any authorized modifications.
2. Estimated Cost of Improvements for Bonding Purposes.
The estimated cost of constructing The Improvements required by this Agreement as adjusted for inflation is agreed to be $2,024,000. Said amounts include costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured, as set forth in Exhibit B.
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3. Bonds Furnished.
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with the following security in the forms specified in Government Code sections 66499.1 and 66499.2 or in a form satisfactory to the CITY Attorney if different from said Government Code forms:
a. Faithful Performance. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one hundred percent (100%) of the estimate set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be satisfactorily completed.
b. Labor and Materials. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to fifty percent (50%) of the estimate set forth in Paragraph 2 and sufficient to assure CITY that DEVELOPER'S contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall be paid therefor.
CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any instrument or deposit required herein shall conform with the provisions of Chapter 5 of the Subdivision Map Act. DEVELOPER may request that portions or all of the bonds may be substituted by other parties in the event that portions or all of the Subdivision is sold to other parties, and such substitution shall not be unreasonably withheld by CITY.
4. Prevailing Wage.
To the extent required by Labor Code Section 1720, DEVELOPER and its contractors shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for construction of the Improvements required by this Agreement. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute the work required by this Agreement from the Director of the Department of Industrial Relations and on its website at http://www.dir.ca.gov/DLSR/DPreWageDetermination.htm. These rates are on file with the City Engineer. Copies may be obtained at cost at the City Engineer’s office, City of Oakley. DEVELOPER shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. DEVELOPER shall comply with the provisions of Sections 1773.8, 1774, 1775, 1776, 1777.5, 1777.6, and 1812 of the Labor Code.
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5. Insurance Required.
Concurrently with the execution hereof, DEVELOPER shall obtain or cause to be obtained and filed with the CITY, all insurance required in this paragraph and as set forth in Exhibit C, and such insurance shall have been reasonably approved by the Finance Director of CITY, or its designee, as to form, amount and carrier. Prior to the commencement of work under this Agreement, DEVELOPER's general contractor shall obtain or cause to be obtained and filed with the Finance Director, all insurance required under this paragraph and as set forth in Exhibit C, evidenced herein as Exhibit D, and such insurance shall have been reasonably approved by the Finance Director of CITY, as to form, amount and carrier. DEVELOPER shall not allow any contractor or subcontractor to commence work on this contract or subcontract until all insurance required for DEVELOPER and DEVELOPER's general contractor shall have been so obtained and approved. Said insurance shall be maintained in full force and effect until the completion of work under this Agreement and the final acceptance thereof by CITY.
All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier.
6. Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect (including acts of vandalism), DEVELOPER guarantees all work executed by DEVELOPER and/or DEVELOPER's agents, and all supplies, materials and devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be free of all defects of workmanship and materials for a period of one (1) year after initial acceptance of the entire work by CITY. DEVELOPER shall repair or replace any or all such work or material, together with all or any other work or materials which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one-year guarantee period without expense or charge of any nature whatsoever to CITY. DEVELOPER further covenants and agrees that when defects in design, workmanship and materials actually appear during the one-year guarantee period, and have been corrected, the guarantee period shall automatically be extended for an additional year as to those specific corrections to insure that such defects have actually been corrected.
In the event the DEVELOPER shall fail to comply with the conditions of the foregoing guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair, including all administrative costs incurred by the City to administer such repair(s).
Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. The foregoing 467
statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs which may be required as determined in the sole discretion and judgment of CITY.
7. Inspection of the Work.
DEVELOPER shall guarantee free access to CITY through its City Engineer and his designated representative for the safe and convenient inspection of the work throughout its construction. Said CITY representative shall have the authority to reject all materials and workmanship which are not in accordance with the plans and specifications, and all such materials and or work shall be removed promptly by DEVELOPER and replaced to the satisfaction of CITY without any expense to CITY in strict accordance with the improvement plans and specifications.
8. Agreement Assignment.
This Agreement shall not be assigned by DEVELOPER without the written consent of CITY, which consent shall not be unreasonably withheld.
9. Abandonment of Work.
Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of DEVELOPER's obligations under this Agreement.
If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extension thereof, or fails to obtain completion of said work within such time, or if DEVELOPER should be adjudged as bankrupt, or should make a general assignment for the benefit of DEVELOPER's creditors, or if a receiver should be appointed, after notice and an opportunity to cure, which notice shall give no fewer than ten (10) business days to address any claim of default, the CITY through its Public Works Director may serve written notice on DEVELOPER and DEVELOPER's surety or holder of other security of breach of this Agreement, or of any portion, thereof, and default of DEVELOPER.
In the event of any such notice of breach of this Agreement, DEVELOPER's surety shall have the duty to take over and complete The Improvements herein specified; provided, however, that if the surety, within thirty (30) days after the serving upon it of such notice of breach, does not give CITY written notice of its intention to take over the performance of the contract, and does not commence performance thereof within thirty (30) days after notice to CITY of such election, CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of DEVELOPER and DEVELOPER's surety shall be liable to CITY for any damages and/or reasonable and documented excess costs occasioned by CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant 468
and other property belonging to DEVELOPER as may be on the site of the work and necessary therefor.
All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid.
Notices required to be given to CITY shall be addressed as follows:
City Manager and City Engineer
City of Oakley
3231 Main Street
Oakley, CA 94561
Notices required to be given to DEVELOPER shall be addressed as follows:
David B. Sanson and Trent Sanson
Civic Summer Lake North, LLC
1500 Willow Pass Court
Concord, CA 94520
With a copy to:
Dana Tsubota
Civic Summer Lake North, LLC
1500 Willow Pass Court
Concord, CA 94520
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Attn: Daniel Livsey
The Ohio Casualty Insurance Company
1340 Treat Blvd., Suite 400
Walnut Creek, CA 94597
Any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address.
Concurrently with the execution of this Agreement, DEVELOPER has executed and has caused to be acknowledged an abstract of this Agreement. DEVELOPER agrees CITY may record said abstract in the Official Records of Contra Costa County.
10. Use of Streets or Improvements.
At all times prior to the final acceptance of the work by CITY, the use of any or all streets and improvements within the work to be performed under this Agreement shall be at the sole and exclusive risk of DEVELOPER. The issuance of any building or occupancy permit by CITY for dwellings located within the tract shall not be construed in any manner 469
to constitute a partial or final acceptance or approval of any or all such improvements by CITY. DEVELOPER agrees that CITY's Building Official may withhold the issuance of building or occupancy permits when the work or its progress may substantially and/or detrimentally affect public health and safety.
11. Safety Devices.
DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as may be necessary to prevent accidents to the public and damage to the property.
DEVELOPER shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the plans and included in the items of work) shall be removed from site of the work by the DEVELOPER, and the entire site left clean and orderly.
12. Acceptance of Work.
Upon notice of the completion of the work covered by this agreement and the delivery of a set of final as-built plans to CITY by DEVELOPER, CITY, through its City Engineer or his designated representative, shall examine the work without delay, and, if found to be in accordance with said plans and specifications and this Agreement, shall recommend acceptance of the work to the City Council and, upon such acceptance, shall notify DEVELOPER or its designated agents of such acceptance.
13. Patent and Copyright Costs.
In the event that said plans and specifications require the use of any material, process or publication which is subject to a duly registered patent or copyright, DEVELOPER shall be liable for, and shall indemnify CITY from any fees, costs or litigation expenses, including attorneys' fees and court costs, which may result from the use of said patented or copyrighted material, process or publication.
14. Alterations in Plans and Specifications.
Any alteration or alterations made in the plans and specifications which are a part of this Agreement or any provision of this Agreement shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part hereof, and consent to make such alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code of the State of California.
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15. Liability.
a. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the design and construction of The Improvements will not adversely affect any portion of adjacent properties and that all work will be performed in a proper manner. DEVELOPER agrees to indemnify, defend, release, and hold harmless CITY, and each of its elective and appointive boards, commissions, officers agents and employees, from and against any and all loss, claims, suits, liabilities, actions, damages, or causes of action of every kind, nature and description, directly or indirectly arising from an act or omission of DEVELOPER, its employees, agents, or independent contractors in connection with DEVELOPER'S actions and obligations hereunder; provided as follows:
1. That CITY does not, and shall not, waive any rights against DEVELOPER which it may have by reason of the aforesaid
hold harmless agreement, because of the acceptance by
CITY, or the deposit with CITY by DEVELOPER, of any of the insurance policies described in Paragraph 5 hereof.
2. That the aforesaid hold harmless agreement by DEVELOPER shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not CITY has prepared, supplied, or approved of plans and/or specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such
damages or claims for damages.
b. Design Defect. If, in the reasonable opinion of the CITY, a design defect in the work of improvement becomes apparent during the course of construction, or within one (1) year following acceptance by the CITY of the improvements, and said design defect, in the reasonable opinion of the CITY, may substantially impair the public health and safety,
DEVELOPER shall, upon order by the CITY, correct said
design defect at DEVELOPER’s sole cost and expense.
c. Litigation Expenses. In the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event
judgment is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. 471
16. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at Oakley, California, the day and year first above written.
CITY OF OAKLEY
By:
___________________
Joshua McMurray
City Manager
APPROVED AS TO
FORM:
Derek P. Cole
City Attorney
ATTEST:
_____________________
Libby Vreonis, City Clerk
DEVELOPER
By:___________________________
Exhibits: Exhibit A – City of Oakley, City Council, Resolution 116-11 & Substantial Conformance Letter
Exhibit B – Engineer’s Estimate
Exhibit C - Insurance Requirements
Exhibit D - Verification of Required Insurance
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EXHIBIT A
(RESOLUTION 116-11 & Substantial Conformance Letter)
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CITY COUNCIL
Sue Higgins, Mayor
Randy Pope, Vice Mayor
Aaron Meadows
Anissa Williams
George Fuller
CITY HALL
3231 Main Street
Oakley, CA 94561
925.625.7000 tel
925.625.9859 fax
www.ci.oakley.ca.us
April 23, 2021
Glen Martin, President
Danville Development and Real Estate
1600 S. Main Street, #380
Walnut Creek, CA 94596
SUBJECT: Summer Lake North Conformance Exhibit Consistency with Approved Entitlement (Summer Lake North Vesting Tentative Map 9307 (TM 01‐11)) Dear Mr. Martin:
Thank you for submitting your request for City concurrence on the consistency of the updated Conformance Exhibit (Exhibit) dated February 17, 2021 with the approved entitlement associated with the Summer Lake North Vesting Tentative Map 9307 (TM 01‐11). Staff has reviewed your request and finds the Exhibit to be consistent with the approved entitlement and any final subdivision map(s) that are consistent with the Exhibit would also be in substantial conformance with the Vesting Tentative Map identified above. In summary, the updates will provide for a master planned community with greater connectivity, while staying within the current density limits of the approved Vesting Tentative Map and increasing open space and park acreage, all while maintaining the same road circulation with slight exceptions.
If you have any questions regarding this letter, please contact me at (925) 625‐7004 or by email at [email protected].
Sincerely,
Joshua McMurray
Community and Economic Development Director
Attachments: Conformance Exhibit dated February 17, 2021 C: Bryan Montgomery, City Manager
Kevin Rohani, City Engineer
Ken Strelo, Principal Planner
Billilee Saengchalern. Principal Engineer
Dave Sanson, De Nova Homes, Inc.
Trent Sanson, De Nova Homes, Inc.
Dana Tsubota, De Nova Homes, Inc.
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PARCEL U
(OPEN SPACE) BETHEL ISLAND ROAD
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(S
UMMER
LAKE
DRIVE)
'A ' STRE
T
(E. SUMMER LAKE DRIVE)
'B STREET
(E. SUMMER LAKE DRIVE)
(E. SUMMER LAKE DRIVE)
(E. SUM
ER
LAKE
DRIVE)
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'O' COURT
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'AA' STREET
'CC' STREET 'DD' STREET
'DD' STREET
'DD' STREET
'EE' STREET
'FF' STREET 'FF' STREET
'FF' STREET
'GG' STREET
'HH' COURT
'II' STREET
'JJ' STREET
'KK' COURT
'LL' STREET 'MM' STREET
'P' STREET 'NN' STREET
'OO' STREET
'UU' STREET
'VV' STREET 'WW' STREET
'XX' STREET
'PP' STREET 'QQ' STREET 'RR' STREET
'SS' STREET
'TT' STREET
'YY' STREET
'ZZ' STREET
'AAA' STREET
'BBB' COURT
'CCC' COURT
'DDD' COURT
'EEE' COURT
'FFF' STREET 'GGG' STREET PARCEL D (OPEN SPACE)
PARCEL E
(PARK)
PARCEL G
(PARK)
PARCEL H
(OPEN SPACE)
PARCEL I
(OPEN SPACE)
PARCEL Q (PARK)
PARCEL R
(PARK)
PARCEL U
PARCEL T (OPEN SPACE)
PARCEL W
(PARK)
'HHH' STREET 'III' STREET
'JJJ' STREET
'LLL' STREET 'NNN' COURT
'MMM' STREET
'OOO' STREET
'PPP' STREET
'QQQ' STREET
'JJJ' STREET
'RRR' COURT
'SSS' STREET
'GGG' COURT
'H' COURT
LEVEE
PARCEL B
N1
N5
N4
N6
N3
N3
N5
N2
G:\1292-032\ACAD\CONFORMANCE EXHIBITS\CONFORM_01.DWG
SUBDIVISION 9307
SUMMER LAKE NORTH
CONFORMANCE EXHIBIT
OVERALL SITE PLAN
CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 200' DATE: FEBRUARY 17, 2021
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
SACRAMENTO
(925) 866-0322
(916) 375-1877
0 200 400 600
OF SHEET
SHEET NO.
1 5
CONTACTS
GENERAL NOTES
VICINITY MAP
LEGEND
581
EXISTING PROPOSED
ABBREVIATIONS
TYPICAL PARK / LAKE SECTION
TYPICAL LEVEE SECTION
LAND USE SUMMARY
LAND USE AREA (AC±)
OVERALL LOTTING SUMMARY
NEIGHBORHOOD
LOT TYPE
(TYP.)
NUMBER OF
LOTS
LOT NUMBER
RANGE
AREA
(AC±)
AVG LOT
SIZE (SF±)
MIN LOT
SIZE (SF±)
MAX LOT
SIZE (SF±)
SHEET INDEX
SHEET NO. SHEET DESCRIPTION
495
SANDMOUND BOULEVARD
LEVEE LEVEE BETHEL ISLAND ROAD LEVEE LEVEE
1 2
5 4
1 3
PARCEL B
PARCEL B
822
824 'B' STREET
'C' STREET
168
169
170
255
257 258 259 260 261 262 263
269 268 267 266 265 264
270
271
272
273
274
275
276
277
278
279
280
281
282
290 289 288 287 286 285 284 283
291 292 293 294 295 296 297 298
306 305 304 303 302 301 300 299
307 308 309 310 311 312 313 314
322 321 320 319 318 317 316 315
323 324 325 326 327 328 329 330
331
332
333
334
335
336
337
338
339
340
341
342
343
345
347
357
362
379 384 399 402
416
459 460 461 462 463 464 465 466 467 468 469 470
471
472
473 474
823
(E. SUMMER LAKE DRIVE)
'V' STREET 'W' STREET 'Q' STREET
'X' STREET
'Y' STREET
'Z' STREET 'BB' STREET
'AA' STREET
'CC' STREET
'DD' STREET
'DD' STREET 'MM' STREET
PARCEL G
(PARK)
PARCEL H
(OPEN SPACE) PARCEL B
PARCEL B PARCEL A
344 PARCEL A
LEVEE
LEVEE
4 3 LEVEE ACCESS ROAD LEVEE ACCESS ROAD
LEVEE ACCESS ROAD
LEVEE ACCESS ROAD
LEVEE ACCESS ROAD
5 G:\1292-032\ACAD\CONFORMANCE EXHIBITS\CONFORM_02-05.DWG SUBDIVISION 9307
SUMMER LAKE NORTH
CONFORMANCE EXHIBIT
LOTTING PLAN
CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 100' DATE: FEBRUARY 17, 2021
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
SACRAMENTO
(925) 866-0322
(916) 375-1877
0 100 200 300
OF SHEET
SHEET NO.
2 5
KEY MAP
LOOP ROAD LOCAL STREET
FUTURE BETHEL ISLAND ROAD
SHEET LOCATION
EXISTING EASEMENTS
1 2
3 4
5 6
SEE SHEET 3 SEE SHEET 4 'MM' STREET
'LL' STREET
'JJ' STREET
PROJECT COLLECTOR ROAD
SANDMOUND BOULEVARD
496
BETHEL ISLAND ROAD
CYPRESS ROAD LEVEE EXISTING
LEVEE
CYPRESS ROAD
CYPRESS ROAD
SUMMER LAKE DRIVE
MANRE
S
A
S
H
OR
E
LA
TALARIA DRIVE
2 4
6 1
6 6
8 9
PARCEL N
(SS PUMP STATION) PARCEL A
PARCEL M
(SD PUMP STATION) LEVEE
CYPRESS ROAD LEVEE ACCESS ROAD
LEVEE ACCESS ROAD LEVEE ACCESS ROAD BETHEL ISLAND ROAD
PARCEL C
'B' STREET
PARCEL S
(COMMERCIAL)
PARCEL J
(LAKE)
PARCEL F
(WETLAND)
49 48
47 46
45 44
43 42
41 40
39 38
37 36
35 34
33 32
31 30
29 28
27 26
25 24
23 22
51 1 2 3 4 5 6
7 8
9 10
11 12
13 14
15 16 17
18 19
20 21
50 52
53 57
55 54
56 62
61 60
59 58
64 65
66 67
68 63
69 70 71
72 73
74 75
76 77
78 79 80
81 82 83
84 85
88 89
90 91
92 93
94 95
96 97
98 99
102
103 104 105 106
87 86
100 101
111
110
109
108
107
112
114
115
116
117
118
113
119
121
122
123
124
125
120
126
127
128
129 130 131
132
133
134
135
136
137
138
139 140
141
142
143 144
145
146
147
148 149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182 183 184 185 186 187 188 189
190
191
192
193
194 195 196 197 198 199 200 201
211 210 209 208 207 206 205 204 203 202
212 213 214 215 216 217 218 219 220 221
231 230 229 228 227 226 225 224 223 222
232 233 234 235 236 237 238 239 240 241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257 258 259 260 261 262 263 345
346
347
348
349
350
351
352
353 354
355
356
357
362
363
364
365
366
367 368 369
370 371 372 373
374
375
376
377
379 384
385
386
387 388
389
390
391
392 393 394 395
396
397
398
399 402
403
404
405
416
459 460 461 462 463 464 465 466 467 468 469 470 471
472
473 474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492 493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516 517 518 519 520 521 522 523 524 525 526
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
564
565
566
567
574
573 572 571 570 569
568
575
576
577
578 579 580
581
597
598
599
600
601
602
603
604
667
668
669
670
671
672
673
674
675
676
677
678
685
684
683
682
681
680
679
( S
U
M
M
E
R LA
K
E
D
R I V
E )
' A ' STREET
(
E . SUM
ER
LAKE
DR I VE )
'E' STREET
'D' STREET
'F' COURT 'G' STREET 'H' STREET
'I' STREET
'J' STREET
'K' STREET
'L' STREET 'M' STREET 'N' STREET
'N' STREET
'O' COURT
'Q' STREET 'R' STREET 'S' STREET
'T' STREET
'U' STREET
'V' STREET 'W' STREET
'CC' STREET
'DD' STREET
'DD' STREET
'FF' STREET
'FF' STREET
'II' STREET
'JJ' STREET
'KK' COURT
'LL' STREET 'MM' STREET
'P' STREET
'NN' STREET
'OO' STREET
'UU' STREET
'VV' STREET
'WW' STREET
'XX' STREET
'PP' STREET
'QQ' STREET
'RR' STREET
'SS' STREET
'TT' STREET
'YY' STREET
'ZZ' STREET
'DDD' COURT
PARCEL D (OPEN SPACE)
PARCEL E
(PARK)
PARCEL G
(PARK)
PARCEL Q
(PARK)
PARCEL T
(OPEN SPACE)
PARCEL J
(LAKE)
495
'H' COURT
3 7
7 1
346
LEVEE ACCESS ROAD
5 G:\1292-032\ACAD\CONFORMANCE EXHIBITS\CONFORM_02-05.DWG SUBDIVISION 9307
SUMMER LAKE NORTH
CONFORMANCE EXHIBIT
LOTTING PLAN
CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 100' DATE: FEBRUARY 17, 2021
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
SACRAMENTO
(925) 866-0322
(916) 375-1877
0 100 200 300
OF SHEET
SHEET NO.
3 5
SEE SHEET 5
KEY MAP
LOOP ROAD
LOCAL STREET
SHEET LOCATION
EXISTING EASEMENTS
1 2
4 5
6 7
8 9
SEE SHEET 4
SEE SHEET 2
'DD' STREET SEE SHEET 4
PARCEL L
(SCHOOL)
3 FUTURE BETHEL ISLAND ROAD
497
PARCEL M
(SD PUMP STATION)
LEVEE
4 1
2 PARCEL N
(SS PUMP STATION)
PARCEL L
(SCHOOL)
PARCEL K
(PARK)
LEVEE ACCESS ROAD
'B' STREET
PARCEL Y
(LIGHT INDUSTRIAL)
PARCEL P
(PARK)
PARCEL O
(WETLAND)
PARCEL J
(LAKE)
PARCEL B 'B' STREET
132
133
134
135
136
137
150
151
152
153
154
155
156
157
158
159
168
169
170
171
172
173
174
175
176
177
178
179
180
181
339
340
341
344
345
347
348
349
350
351
352
353 354
355
356
357
358 359 360
361
362
363
364
365
366
367 368 369 370 371 372 373
374
375
376
377
378
379 380 381 382
383
384
385
386
387 388
389
390
391
392 393 394 395
396
397
398
399
400 401
402
403
404
405
413
414
415
406 407 408 409 410 411 412
416 417 418
419
420
421 422
423
424
425
426
427
428
429
430 431 432 433
434
435
436
437
438
439
440
441
442
443
444 445 446 447 448 449 450 451 452 453
455 454
457 456 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472
473 474
475
476
477
478
479
480
481
482
483
495
496
497
533
538
539
540
541
542
543
544
545
546
547
548
549
574
573 572 571 570 569
575
576
577
578 579 580
657
658
659
660
661
662
663
664
665
666
691
763
764
765
766
767
778
779
780
781
782
783 784 785 786 787
788
795 794 793 792
791
790
806 807 808 809 810 811 812 813 814 815
816
817
' A ' STRE
T
(E. SUMMER LAKE DRIVE)
(E. SUMMER LAKE DRIVE)
(
E . SUM
ER
LAKE
DR I VE )
'N' STREET
'CC' STREET 'DD' STREET
'DD' STREET
'DD' STREET
'EE' STREET
'FF' STREET
'FF' STREET
'FF' STREET
'GG' STREET
'HH' COURT
'II' STREET
'JJ' STREET
'KK' COURT
'LL' STREET 'MM' STREET
'P' STREET
'NN' STREET
'OO' STREET
'PP' STREET
'QQ' STREET
'RR' STREET
'TT' STREET 'AAA' STREET
'PPP' STREET
'QQQ' STREET
'JJJ' STREET
'RRR' COURT
346
495
'SSS' STREET
LEVEE
PARCEL B
LEVEE ACCESS ROAD
PARCEL I
(OPEN SPSACE)
G:\1292-032\ACAD\CONFORMANCE EXHIBITS\CONFORM_02-05.DWG SUBDIVISION 9307
SUMMER LAKE NORTH
CONFORMANCE EXHIBIT
LOTTING PLAN
CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 100' DATE: FEBRUARY 17, 2021
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
SACRAMENTO
(925) 866-0322
(916) 375-1877
0 100 200 300
OF SHEET
SHEET NO.
4 5 SEE SHEET 3
KEY MAP
LOOP ROAD
LOCAL STREET
SHEET LOCATION
EXISTING EASEMENTS
1 2
SEE SHEET 5
SEE SHEET 2
'ZZ' STREET
'BBB' COURT
498
CYPRESS ROAD
SANDMOUND BOULEVARD
EXISTING LEVEE
LEVEE
CYPRESS ROAD
PATHFINDER COURT
TALARIA DRIVE
2 3
4 5
6 7
8 9
10 11
12 14
13 15
16 818
819
820 821
PARCEL N
(SS PUMP STATION)
PARCEL Z
(LIGHT INDUSTRIAL)
PARCEL L
(SCHOOL)
PARCEL K
(PARK)
'B' STREET
LEVEE
LEVEE ACCESS ROAD
LEVEE ACCESS ROAD
PARCEL X PRIVATE DRIVEWAY
(E. SUMMER LAKE DRIVE)
E . SUM
ER
LAKE
DR I VE
PARCEL U
(OPEN SPACE)
'B' STREET
PARCEL BB
(AGRICULTURE
LIMITED)
PARCEL AA
(AGRICULTURE
LIMITED)
PARCEL Y
(LIGHT INDUSTRIAL)
PARCEL P
(PARK)
PARCEL O
(WETLAND)
WETLAND
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516
558
559
560
562
563
572 571 570 569
577
578 579 580
582
583
584
585
586
587
588
589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613 614
615
616
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633
634
635
636
637
638
639
640
641
642
643
644
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
665
666
667
668
669
670
671
672
673
674
675
676
677
678
691
690
689
688
687
686
685
684
683
682
681
680
679
692
693
694
695
696
701
700
699
698
697
702
703
704
705
706
707
708
710
709
711
712
713
716
715
714
717
718
719
720
721
722 723 724 725 726 727 728 729 730
731
732
733
734
735
736
737
738
739
740
741
742 743
744
745
746
747
748
749
750
751
752
753
754
755
756
757
758
759
760
761
762
763
764
765
766
767
768
769
770
771
772 773 774
775
776
777
778
779
780
781
782
783 784 785 786 787
788
795 794 793 792
791
790
789
796
797
798
799
800
801
802
803
804
805
806 807 808 809 810 811 812 813 814 815
816
817
(E. SUMMER LAKE DRIVE)
'WW' STREET
'XX' STREET
'PP' STREET
'QQ' STREET
'SS' STREET
'TT' STREET
'YY' STREET
'ZZ' STREET
'AAA' STREET
'BBB' COURT 'CCC' COURT
'DDD' COURT
'EEE' COURT
'FFF' STREET
'GGG' STREET
PARCEL Q (PARK)
PARCEL R
(PARK)
PARCEL U
PARCEL T
(OPEN SPACE)
PARCEL W
(PARK)
'HHH' STREET
'III' STREET
'JJJ' STREET
'LLL' STREET 'NNN' COURT
'MMM' STREET
'OOO' STREET
'PPP' STREET
'QQQ' STREET
'JJJ' STREET
'RRR' COURT
PARCEL V
(SS PUMP STATION)
495
494
'SSS' STREET
MANR
E
SA
SHORE
LANE
'GGG' COURT
PARCEL B
PARCEL B EXISTING LEVEE
1 1 PRIVATE DRIVEWAY
G:\1292-032\ACAD\CONFORMANCE EXHIBITS\CONFORM_02-05.DWG SUBDIVISION 9307
SUMMER LAKE NORTH
CONFORMANCE EXHIBIT
LOTTING PLAN
CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 100' DATE: FEBRUARY 17, 2021
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
SACRAMENTO
(925) 866-0322
(916) 375-1877
0 100 200 300
OF SHEET
SHEET NO.
5 5
SEE SHEET 3
KEY MAP
LOOP ROAD
LOCAL STREET
SHEET LOCATION
EXISTING EASEMENTS
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
LEVEE ACCESS ROAD
SEE SHEET 4
CYPRESS ROAD
499
EXHIBIT B
ENGINEER’S ESTIMATE
500
ENGINEER'S BOND ESTIMATE May 1, 2024
SUMMER LAKE NORTH Job No.: 1292-102
VILLAGE 2 (PHASE 1)
SUBDIVISION 9617
OAKLEY, CALIFORNIA
Item Description Quantity Unit Unit Price Amount
STREET IMPROVEMENTS
1 3.5" Asphalt Concrete ($0.45 per Inch) 88,400 SF $ 1.58 $ 139,230 2 9" Aggregate Base ($0.18 per Inch) 88,400 SF $ 1.62 $ 143,208 3 Pavement Sealant (Fog) 88,400 SF $ 0.02 $ 1,768
4 8" Median Curb 225 LF $ 18 $ 4,050
5 Sidewalk 25,275 SF $ 4.50 $ 113,738
6 Thru-the-Curb Drain (Schedule 40 PVC) 104 EA $ 50 $ 5,200 7 Curb Ramp 6 EA $ 1,500 $ 9,000
8 Driveway Approach (Residential) 3,744 SF $ 5 $ 18,720 9 Striping (Centerline, Crosswalk, Stop Bars & Street Signs) 1 LS $ 5,000 $ 5,000 10 Street Trees (Budget) (Assume 2 per Lot) 104 EA $ 250 $ 26,000 11 6" Vertical Curb and Gutter 5,163 LF $ 23 $ 118,749
12 Survey Monuments 13 EA $ 650 $ 8,450
13 Conform to Existing Pavement (Assume 10') 960 SF $ 4 $ 3,840 14 Temporary Barricade 1 EA $ 1,500 $ 1,500
Subtotal Street Improvements $ 598,453
DRAINAGE IMPROVEMENTS
15 6" HPDE 11 LF $ 30 $ 330
16 8" HPDE 22 LF $ 40 $ 880
17 18" HPDE 2,411 LF $ 55 $ 132,605
18 24" HDPE 172 LF $ 70 $ 12,040
19 36" HDPE 153 LF $ 97 $ 14,841
20 Catch Basin (Type I Inlet) 28 EA $ 3,000 $ 84,000
21 Catch Basin (Type A Inlet) 3 EA $ 5,000 $ 15,000
22 SD Manhole (Standard Manhole) 2 EA $ 4,500 $ 9,000
Subtotal Drainage Improvements $ 268,696
ELECTRICAL IMPROVEMENTS
23 Streetlight 15 EA $ 4,500 $ 67,500
24 Electrolier Pull Box 15 EA $ 100 $ 1,500
Subtotal Electrical Improvements $ 69,000
LANDSCAPE
25 Parcel A - Neighborhood Park 85,400 SF $ 10 $ 854,000 Subtotal Landscape $ 854,000
P:\1200 - 1299\1292-102\Estimates\Bond\CITY\Bond 1_SLN Village 2_City_004.xlsx\CITY Page 1 of 2 2633 CAMINO RAMON, SUITE 350 I SAN RAMON, CALIFORNIA 94583 I (925) 866-0322 1430 BLUE OAKS BOULEVARD, SUITE 110 I ROSEVILLE, CALIFORNIA 95747 I (916) 788-4456 www.cbandg.com
CIVIL ENGINEERS I SURVEYORS I PLANNERS
501
Item Description Quantity Unit Unit Price Amount
MISCELLANEOUS
25 Mobilization 1 LS $ 50,000 $ 50,000
Subtotal Miscellaneous $ 50,000
SUBTOTAL SUMMER LAKE NORTH - VILLAGE 2 CONSTRUCTION COST $ 1,840,149 10% CONTINGENCY $ 184,015
TOTAL SUMMER LAKE NORTH - VILLAGE 2 CONSTRUCTION COST $ 2,024,000 (to the nearest $1,000)
Notes:
1 2
3 This estimate excludes all associated Agency fees and costs.
This estimate is based on the Summer Lake North Phase 1 - Village 2 Improvement Plans dated 02/07/2024. The Improvement Plans are subject to final design and approval.
This estimate is based on information available at this time and this office assumes no liability for changes in prices due to unforeseen conditions or changes required by governing agencies.
P:\1200 - 1299\1292-102\Estimates\Bond\CITY\Bond 1_SLN Village 2_City_004.xlsx\CITY Page 2 of 2 502
EXHIBIT C
INSURANCE REQUIREMENTS
CONSTRUCTION CONTRACTS
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit (i.e., $10,000,000)
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.
5. Surety Bonds as described below.
6. Professional Liability (if Design/Build), with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
7. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Contractor shall procure and maintain for the duration of the contract, and if Contractor has a claims-made policy, Contractor shall maintain for two years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer to reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
503
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01forms if later revisions used).
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide notice will be provided to City in the event that the policy is terminated. Contractor shall immediately notify City of any insurance cancellation or termination and shall provide replacement insurance policy documentation to the City.
Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.
If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mod exclusion, and the definition of Pollution shall include microbial matter, including mold.
Acceptability of Insurers
504
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. Worker’s Compensation policies shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 10 10 01 and CG 20 37 10 01.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid bond
2. Performance bond
3. Payment bond
4. Maintenance bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Special Risks or Circumstances
City reserves right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 505
EXHIBIT D
VERIFICATION OF INSURANCE
506
JOB NO. 1292-102 SHEET OF 11
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CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
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WWW.CBANDG.COM
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1 OWNER'S STATEMENT
OWNER'S ACKNOWLEDGMENT
COUNTY RECORDER'S STATEMENT
OWNER'S ACKNOWLEDGMENT
CLERK OF THE BOARD OF SUPERVISORS'
STATEMENT
PROJECT
SITE
VICINITY MAP
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2 TRUSTEE'S ACKNOWLEDGMENT
TRUSTEE'S STATEMENT SOILS REPORT
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CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
MAY 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
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JOB NO. 1292-102 SHEET OF 11
SIGNATURE OMISSIONS:
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3 SUBDIVISION 9617
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CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
MAY 2024
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SAN RAMON
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(925) 866-0322
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JOB NO. 1292-102 SHEET OF 11
CITY ENGINEER'S STATEMENT
CITY CLERK'S STATEMENT
CERTIFICATE OF DEDICATION FOR SAME CITY COUNCIL STATEMENT
PUBLIC PURPOSE
SURVEYOR'S STATEMENT CITY SURVEYOR'S STATEMENT
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LOT 2
EAST LAKE
TAHOE DRIVE
BOUNDARY SHEET
LAKE
TAHOE DRIVE
EAST LAKE
TAHOE DRIVE
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LEGEND
JOB NO. 1292-102 SHEET OF 11
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SCALE: 1" =
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BEING A SUBDIVISION OF LOT 2 AS SHOWN ON
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FILED IN BOOK 555 OF MAPS AT PAGES 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
MAY 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
4 GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
100'
REFERENCES:
EASEMENT NOTE:
510
BAKER CIRCLE
11 10
6 7
8 9
475
476
477
478
479
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481
482
483 484
485 486
538
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540
541
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546
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PARCEL A
487 488 489 490 491 492 493 494
495
496
497
498
499
500
576 577 578 579 580 575
574 573 572 571 570 569 568
581
EAST LAKE TAHOE DRIVE
LAKE TAHOE DRIVE
BAKER CIRCLE BAKER CIRCLE
TEMESCAL STREET FALLEN LEAF LANE
MENDOCINO
WAY
INDEX SHEET
EAST LAKE
TAHOE DRIVE ECHO WAY
5 BASIS OF BEARINGS:
LEGEND
JOB NO. 1292-102 SHEET OF 11
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SCALE: 1" =
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BEING A SUBDIVISION OF LOT 2 AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGES 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
MAY 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
100'
1 REFERENCES:
511
SEE SHEET 11
SEE SHEET 7
PARCEL A
LAKE TAHOE DRIVE FALLEN LEAF LANE
MENDOCINO WAY
476
475
479
477
478
539
538
541
540
BASIS OF BEARINGS:
LEGEND
JOB NO. 1292-102 SHEET OF 11
SUBDIVISION 9617
SUMMER LAKE NORTH - VILLAGE 2
SCALE: 1" =
CONSISTING OF 11 SHEETS
BEING A SUBDIVISION OF LOT 2 AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGES 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
MAY 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
GRAPHIC SCALE
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30'
6 REFERENCES:
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512
SEE SHEET 6
SEE SHEET 8
LAKE TAHOE DRIVE
FALLEN LEAF LANE
TEMESCAL STREET
EAST LAKE TAHOE DRIVE
480
482
483 484
486
485
542
543
481
BASIS OF BEARINGS:
LEGEND
JOB NO. 1292-102 SHEET OF 11
SUBDIVISION 9617
SUMMER LAKE NORTH - VILLAGE 2
SCALE: 1" =
CONSISTING OF 11 SHEETS
BEING A SUBDIVISION OF LOT 2 AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGES 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
MAY 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
30'
7 REFERENCES:
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513
SEE SHEET 7
SEE SHEET 11
TEMESCAL STREET
BAKER CIRCLE ECHO WAY
EAST LAKE TAHOE DRIVE
488
487
489
490
545
578 576 577 575
544
LEGEND
BASIS OF BEARINGS:
JOB NO. 1292-102 SHEET OF 11
SUBDIVISION 9617
SUMMER LAKE NORTH - VILLAGE 2
SCALE: 1" =
CONSISTING OF 11 SHEETS
BEING A SUBDIVISION OF LOT 2 AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGES 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
MAY 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
30'
8 SEE SHEET 9
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SEE SHEET 8
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495
494
497
491 492 493
496
579 580 581
GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
BASIS OF BEARINGS:
LEGEND
JOB NO. 1292-102 SHEET OF 11
SUBDIVISION 9617
SUMMER LAKE NORTH - VILLAGE 2
SCALE: 1" =
CONSISTING OF 11 SHEETS
BEING A SUBDIVISION OF LOT 2 AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGES 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
MAY 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
30'
9 REFERENCES:
EASEMENT NOTE:
515
499
498
500
PARCEL A
571 570 569 568
SEE SHEET 9 SEE SHEET 11
BAKER CIRCLE BAKER CIRCLE
BASIS OF BEARINGS:
LEGEND
JOB NO. 1292-102 SHEET OF 11
SUBDIVISION 9617
SUMMER LAKE NORTH - VILLAGE 2
SCALE: 1" =
CONSISTING OF 11 SHEETS
BEING A SUBDIVISION OF LOT 2 AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGES 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
MAY 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
30'
10 REFERENCES:
EASEMENT NOTE:
516
PARCEL A
SEE SHEET 8 SEE SHEET 10 SEE SHEET 6
BAKER CIRCLE BAKER CIRCLE
546
548
574 573 572
547
549
BASIS OF BEARINGS:
LEGEND
JOB NO. 1292-102 SHEET OF 11
SUBDIVISION 9617
SUMMER LAKE NORTH - VILLAGE 2
SCALE: 1" =
CONSISTING OF 11 SHEETS
BEING A SUBDIVISION OF LOT 2 AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGES 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
MAY 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
30'
11 REFERENCES:
EASEMENT NOTE:
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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: May 14, 2024
TO: Joshua McMurray, City Manager
FROM: Evan Gorman, Associate Planner
SUBJECT: City of Oakley General Plan Annual Progress Report Calendar Year 2023
Summary
Pursuant to Government Code Section 65400 and 65700, the City of Oakley is required to submit an annual progress report (“APR”) on the General Plan every year to the Governor’s Office of Planning and Research (“OPR”) and the California Department of Housing and Community Development (“HCD”). The City Council is only required to receive and accept the APR.
Background
The City of Oakley may choose to report on either the fiscal or calendar year. The Planning Division has chosen to report on calendar years. This APR will cover the calendar year 2023 and will include the following main sections: Latest General Plan Update, Housing Element Update, Implementation Programs Status, General Plan Amendments, and Major Development Applications Processed.
Fiscal Impact
There is no impact to the General Fund from the City Council’s receipt and acceptance of this General Plan Annual Progress Report.
Staff Recommendation
Staff requests that the City Council receive and accept this Staff Report and the attached City of Oakley General Plan Annual Progress Report for Calendar Year 2023 so that Staff may submit it to OPR and HCD.
Attachments
1. City of Oakley General Plan Annual Progress Report for Calendar Year 2023 Approved and
Forwarded to the
City Council
518
519
City of Oakley General Plan Annual Progress Report 2023
TABLE OF CONTENTS
I. INTRODUCTION................................................................................................................................ 1 II. BACKGROUND AND PURPOSE OF GENERAL PLAN APR................................................................... 1 III. FOCUSED GENERAL PLAN UPDATE ................................................... Error! Bookmark not defined.
IV. HOUSING ELEMENT UPDATE ........................................................................................................... 2 V. IMPLEMENTATION PROGRAMS....................................................................................................... 3 VI. GENERAL PLAN AMENDMENTS ....................................................................................................... 7 VII. MAJOR DEVELOPMENT APPLICATIONS PROCESSED........................................................................ 9 City of Oakley
3231 Main Street
Oakley, CA 94561
Submitted by:
Kenneth Strelo
Community Development Director
Evan Gorman
Associate Planner
520
City of Oakley General Plan Annual Progress Report 2023 1 I. INTRODUCTION
The City of Oakley adopted its General Plan in December 2002, approximately 18 months after the City’s incorporation. The General Plan has served as a guiding document for the City and has undergone necessary amendments to remain up to date with state laws as well as amendments to project-specific land use designations. While a comprehensive update has not yet been undertaken, the General Plan continues to be fine-tuned and updated to stay current and on track with the long-range goals for the City of Oakley. The latest update in 2022 focused on compliance with environmental justice (SB 1000), mobility (SB 743), and climate change and adaptation (SB 379).
II. BACKGROUND AND PURPOSE OF GENERAL PLAN APR
Government Code Section 65400 mandates that all cities and counties submit an Annual Progress Report (APR) on the status of the General Plan and progress in its implementation to their legislative bodies, the Governor’s Office of Planning and Research (OPR), and the California Department of Housing and Community Development (HCD) each year. Oakley submits the Housing Element portion of the APR separately and consistent with HCD’s housing element guidelines. This document fulfills the General Plan APR mandate for calendar year 2023.
The main role of the Annual Progress Report is to provide the City Council with an update on the City’s progress in implementing the vision outlined in the General Plan. But the APR is also an important piece of public information that provides both elected officials and the community with information regarding how the goals of the General Plan were implemented over the past year. This annual assessment grants the City Council an 521
City of Oakley General Plan Annual Progress Report 2023 2 opportunity to adjust or modify its policies or approach to ensure that the City meets its stated vision. To assist in the review, the APR has the following sections:
• General Plan Implementation Programs: This section includes notes on programs that saw significant progress in 2023.
• General Plan Amendments: This section provides an overview of City-initiated amendments to the General Plan approved since adoption; required and proposed amendments to the General Plan adopted in calendar year 2023; and private developer-/property owner-initiated amendments to the General Plan, typically required for conformance with Planning and Zoning law, approved in 2023 (if any).
Program 2.1.B of the General Plan requires that an evaluation of the year's development trends, current land supply, and the ability of infrastructure and public services to meet future needs be included in the annual report. In recent years, the City of Oakley has seen interest in industrial development. The City continues to have enough available land to provide opportunities for industrial and commercial development while meeting the requirement to have vacant housing sites selected for the City’s Housing Element.
III. FOCUSED GENERAL PLAN UPDATE
The City of Oakley updated its General Plan on January 11, 2022, as part of the Focused General Plan Update which was approved through adoption of City Council Resolution No. 01-22. This Focused General Plan Update aimed to bring the plan into compliance with state requirements regarding environmental justice, mobility, climate change, and subsequent adaptation measures. The update also revised the "setting" section to better align with current conditions in the city. Minor revisions were made to the goals, policies, and programs across various sections, including Land Use, Circulation, Growth Management, Economic Development, Open Space and Conservation, Parks and Recreation, Community Health and Safety, and Noise. Policies and programs that had been implemented or are no longer applicable were removed, while others were updated to reflect the city's current practices, clarify its approach to achieving the General Plan's vision and goals, and ensure consistency with existing conditions.
IV. HOUSING ELEMENT UPDATE
Oakley city staff worked extensively with the community and elected officials over the last several years to update the General Plan's Housing Element. The City of Oakley initiated this State-mandated process pursuant to Government Code Section 65580. The Housing Element is one of seven mandatory elements of the General Plan and is updated every eight years. The City was required to adopt a Housing Element for the eight-year period 522
City of Oakley General Plan Annual Progress Report 2023 3 of 2023-2031 (6th Cycle) to accommodate the City’s regional housing need allocation (RHNA) of 1,058 housing units, comprised of 279 very-low income units, 161 low-income units, 172 moderate-income units, and 446 above moderate income units. Adoption of the Housing Element Update also constitutes a General Plan Amendment. It is ultimately submitted to the California Department of Housing and Community Development “HCD” for certification.
On March 28, 2023, the Oakley City Council took a pivotal step by adopting a General Plan Amendment that repealed the 2015-2023 City of Oakley Housing Element and adopted a new Housing Element for the period of 2023-2031. This action not only ensured compliance with State housing law but also
marked the culmination of one of the
Community’s most comprehensive and
ambitious planning endeavors in its history.
The adoption of the updated Housing
Element underscored the City's commitment
to addressing the evolving housing needs of
its community while aligning with statemandated regulations and objectives. On May 9, 2023, the Oakley City Council
adopted an amendment to the adopted
Housing Element that included optional
amendments to address HCD comments as
well as recent court rulings on housing
elements, generally. On May 24, 2023, the City of Oakley received a letter from HCD certifying the City of Oakley 2023-2031 Housing Element as adopted with optional amendments.
V. IMPLEMENTATION PROGRAMS
The Oakley General Plan includes programs that are intended to address the themes that support the Community vision presented in the Plan. In 2023, the City of Oakley implemented the following programs found in the General Plan, among many other efforts:
Implementation Program 2.2.A. - Through the development review and permit process, screen development proposals for land use compatibility, including compatibility with existing development or neighborhoods.
Throughout 2023, the Community Development Department conducted comprehensive reviews of a diverse range of projects. These assessments focused on evaluating compatibility with adjacent land uses and ensuring that new developments did not adversely impact the community's quality of life. New applications were reviewed for consistency with standards established at both the local, county, and state level that range from regulations on building massing to traffic mitigation measures. 523
City of Oakley General Plan Annual Progress Report 2023 4 Implementation Program 5.3.B. Evaluate the City’s business license procedure to streamline or minimize the process for businesses, including revised applications and instructions if applicable.
In 2023, the Community Development Department updated the business license application to address frequent questions. The CDD team dedicated considerable effort to refining and clarifying the communication of business license requirements. This proactive approach was designed to minimize the need for business operators to seek clarification, thereby enabling them to allocate more time and resources toward achieving success within our City. By enhancing the accessibility and transparency of the application process, the department sought to create an environment that fosters entrepreneurial growth for Oakley Residents.
Implementation Program 5.2.B. Continue to consider adjustments to the development application process and permitting requirements, and where appropriate shall streamline the review steps to facilitate attraction of targeted business operations.
In the past year, the Community Development Department undertook a revision of the Design Review Applicants Guide, with the goal of providing greater clarity and predictability to the development process. Recognizing that predictable processes are crucial for successful development, this initiative aimed to equip applicants with a better understanding of the City's procedures before embarking on their projects. Concurrently, the Planning Division streamlined its messaging on Accessory Dwelling Units (ADUs), ensuring that every resident interested in constructing an additional unit on their property received prompt and consistent information, facilitating a smooth and well-informed experience.
Implementation Program 4.5.A. The City shall participate in community outreach and informational programs to promote Neighborhood Watch and Community Oriented Policing and Problem Solving (COPPS).
The Oakley Police Department actively participates in several community-based events throughout the year, including the annual National Night Out (NNO) initiative. During NNO, members of the Police Department engage with residents, sharing updates on the department's status and crime statistics across the city. They actively promote Neighborhood Watch programs and eagerly provide insight and advice to foster a stronger community-police partnership.
While not formalized, the Oakley Police Department has integrated several mechanisms that align with the principles of Community-Oriented Policing (COPPS) modeling. The department actively seeks input from residents through a dedicated email address, and the sergeants ensure that these matters are addressed promptly. Furthermore, the Oakley Police Department has a Special Services Team (SST) that is responsible for directly responding to quality-of-life matters within the community.
Implementation Program 4.5.B. Consider the use of community service officers to provide law enforcement outreach programs to schools and other institutions. 524
City of Oakley General Plan Annual Progress Report 2023 5 The Oakley Police Department utilizes a form of Community Service Officers known as Police Service Assistants (PSAs). These PSAs engage in various community outreach initiatives. One such activity involves visiting school classrooms and reading books aloud to students. Additionally, the PSAs play an active role in the City's National Night Out events, which aim to strengthen police-community partnerships and neighborhood fabric.
Implementation Program 4.5.D. Seek additional State and Federal funding to augment Oakley law enforcement services.
Every year, the Oakley Police Department proactively pursues grants that align with its mission. Currently, Oakley PD is in the process of securing a grant from the State Office of Traffic Safety.
Implementation Program 5.1.A. Update the Economic Development Work Plan to Include targets for economic development in five-year increments and reflect current market conditions and business development opportunities and the community’s needs and desires.
In 2023, the City of Oakley adopted a new economic development work plan tailored to reflect the current market conditions and the evolving needs of the community. This plan placed a renewed emphasis on the recreation sector, with initiatives aimed at promoting fishing tournaments and ensuring that the necessary infrastructure is in place to accommodate such events effectively. Furthermore, the plan sought to bolster the development of light industrial businesses within Oakley, while simultaneously attracting new commercial enterprises and retaining the City’s well-established firms.
Implementation Program 5.1.6. Identify the top ten local businesses (both in terms of employment base and tax revenues provided to the City). City representatives should meet with these business managers to discuss business needs and opportunities.
City Staff regularly work to interface with the City’s top local businesses as well as our smaller businesses. A significant development in 2023 was the re-establishment of the City of Oakley Chamber of Commerce, which further amplified the City's ability to actively engage with and receive valuable insights from Oakley's esteemed business leaders.
Implementation Program 5.1.B. Identify and promote specific business development incentives that the City might offer, based on the availability of General Fund balances, including but not limited to financial assistance with infrastructure improvements, development fees, land acquisition, project design enhancement, façade improvements and costs of leasing land and/or buildings.
The Economic Development Division continued to implement programs to set businesses up for success in Oakley. Through the Retail and Light Industrial Improvement Program, grants have been awarded to commercial property owners to support their efforts to revitalize their properties. This grant program has also been utilized to fund accessibility improvements, improving access to Oakley’s commercial spaces for everyone.
Implementation Program 7.1.O. Update all recreation facilities to meet ADA and CPSC requirements as soon as possible.
525
City of Oakley General Plan Annual Progress Report 2023 6 The Public Works Department demonstrated dedication to enhancing accessibility and inclusivity within the City's recreational spaces. At Holly Creek Park, a new restroom facility was constructed, ensuring full compliance with the Americans with Disabilities Act (ADA) standards. This investment not only provided a modern and convenient amenity but also demonstrated the City's commitment to creating an environment that is welcoming and accessible to all residents. Furthermore, the department undertook a significant improvement project at the same park, replacing the traditional loose fill material with a state-of-the-art unitary play surfacing tile system. This approach not only offered a more aesthetically pleasing and low-maintenance solution but also prioritized accessibility for disabled residents, enabling them to fully enjoy the park's recreational offerings without encountering barriers or limitations.
Implementation Program 3.1.A. Prior to approval of all projects, demonstrate that traffic levels of service and multi-modal performance standards will be maintained, or that a funding mechanism and timeline has been established which will provide the infrastructure to meet the standards. Ensure that developers fund traffic impact studies that identify on-site and off-site effects and mitigations, and that they contribute appropriate funding for on-site and off-site improvements. […] & Implementation Program
4.2.E. Require new development to contribute to adjacent off-site road improvements to avoid irregular and inconsistent frontage improvements. Establish fair share reimbursement agreements where appropriate.
The Engineering Division of the Oakley Public Works and Engineering Department requires that development projects address their traffic impacts on the community. Major projects are required to provide a traffic study that is then peer reviewed. Projects are also commonly required to fund and construct improvements such as additional lanes of roadway to accommodate their traffic impacts.
Implementation Program 3.1.B. Monitor intersection Levels of Service on a biannual basis at key reporting intersections.
The Engineering Division reviewed Levels of Service across major intersections in 2023 to better understand traffic patterns across the City and to assess where further improvements are needed.
Implementation Program 8.1.A. Continue to require preparation of geotechnical reports for proposed development projects, public projects, and all essential facilities. […] Throughout 2023, the Engineering Division maintained its requirement for geotechnical reports as a prerequisite for proposed development projects. This comprehensive approach ensured a thorough evaluation of the site-specific conditions associated with each prospective development. The Division's review process encompassed a diverse array of projects, ranging from residential subdivisions to mixed-use developments.
Notable among these were the proposed Summer Lake North Subdivisions, the Delta Pointe Plaza mixed-use development, and the Honey Lane Subdivision.
Implementation Program 3.1.F. Maintain a pavement management program, and identify and prioritize projects in the City’s Capital Improvement Program to maintain the quality and integrity of the City’s roadway system. Street maintenance should include regular 526
City of Oakley General Plan Annual Progress Report 2023 7 cleaning and upkeep of bicycle routes to remove debris and alleviate poor pavement conditions that discourage bicycle riding.
The City’s Public Works and Engineering Department conducted pavement rehabilitation projects throughout the City in 2023, including along stretches of Main Street as well as residential neighborhoods. The Department looks forward to future pavement projects elsewhere in Oakley in the coming years.
VI. GENERAL PLAN AMENDMENTS
State law allows each element of the General Plan to be amended up to four times annually, which allows the document to remain current and responsive to the community’s needs. The City Planning Division handles two main types of General Plan Amendments.
The first being City-Initiated General Plan Amendments, which are typically associated with updating text and figures in the General Plan to comply with changing state laws, mandates, or recommendations. The second type of amendment is private developer and property owner requests to amend the underlying land use designation on a site to comply with land use law and accommodate development applications. Although the City may also initiate changes to land use designations, they usually take the form of a request by a private developer or property owner with a specific project in mind. The following tables include both type of amendments, with the City-Initiated Amendments covering all amendments made since the General Plan’s inception through 2023, and Developer/Property Owner-Initiated Amendments only applying to those approved in the applicable reporting year (2023).
Table 1. City-Initiated Amendments (Since inception through 2023) Approval Reference Adoption Date Description
Reso. No. 22-05 03/07/2005
Adopting the 2001-2007 Updated
Housing Element and amending the
General Plan to incorporate the Housing
Element
527
City of Oakley General Plan Annual Progress Report 2023 8 Reso. No. 103-05 10/10/2005
Redesignating two sites (16 acres) to
Multi-Family Residential, High Density to
satisfy HCD condition
Reso. No. 31-06 03/13/2006
Approving the SP land use designation
for the East Cypress Corridor Expansion
Area
Reso. No. 68-08 04/24/2006
Redesignating three sites (16.29 acres)
to Multi-Family Residential, High Density
to satisfy HCD condition
Reso. No. 111-07 10/22/2007 Rescinding Reso. No. 31-06
Reso. No. 47-09 03/10/2009
Approving the SP land use designation
for the East Cypress Corridor Expansion
Area
Reso. No. 111-09 08/11/2009
Adopting the 2007-2014 Housing
Element and amending the General
Plan to incorporate the revised and
updated Housing Element
Reso. No. 18-10 01/26/2010
Amending the Land Use, Circulation,
Growth Management, Parks and
Recreation, and Health and Safety
Elements to comply with AB 162,
Measure J, and updates to the Park
Master Plan and Zoning Ordinance
Reso. No. 15-15 01/27/2015
Adopting the 2015-2023 Housing
Element and amending the General
Plan to incorporate the revised and
updated Housing Element
Reso. No. 17-16 02/09/2016
Amending the Open Space and
Conservation, and Health and Safety
Elements to comply with the Central
Valley Flood Protection Act of 2008 (SB
5, 2007)
Reso. No. 110-20 08/11/2020
Redesignating apx. 0.79 acres from
Parks and Recreation to Single Family
Residential, High Density
Reso. No. 01-22 01/11/2022 Focused General Plan Update
(Described in Section III of this report)
Reso. No. 41-23 03/28/2023
Adoption of the City of Oakley Housing
Element of the General Plan for the
period of 2023-2031, in compliance with
State housing law
Reso. No. 50-23 05/09/2023
Adoption of optional amendments to the
City of Oakley Housing Element of the
General Plan for the period of 2023-
2031.
528
City of Oakley General Plan Annual Progress Report 2023 9 Table 2. Developer/Property Owner-Initiated Amendments (2023) Approval Reference Adoption Date Description
Reso. No. 33-24 03/12/2024
General Plan amendment to
redesignate approximately 10 acres of
private land from Commercial (CO) to
Residential Medium (RM) for the project
entitled “The Village at 2092 Oakley
Road Subdivision 9634 (GPA 01-22)”.
VII. MAJOR DEVELOPMENT APPLICATIONS PROCESSED
This section includes major development applications processed in the year 2023, whether approved in 2023 or still being processed in 2024. For the purposes of this report, a major project is considered any General Plan Amendment, Rezone or Zoning Text Amendment that impacts allowable uses, Tentative Map (5 or more lots), or new commercial/industrial development.
Approved in 2023
TownePlace Suites by Marriott Design Review and Variance (DR 10-22, VA 03-22) - Approval of 1) Design Review approval for a 117-room, 65,000 square-foot, four-story hotel on an approximately 3.36-acre site. The hotel will also include meeting rooms, guest and commercial laundry, food prep area, fitness center, outdoor patios, and outdoor pool area, and 2) Variance approval to exceed the maximum allowable height of 35-feet by 20-feet for a total building height of 55-feet. The site is zoned C (General Commercial) 529
City of Oakley General Plan Annual Progress Report 2023 10 District and is located northeast of the intersection of Main Street and Bridgehead Road, north of the existing ARCO gas station and Dutch Bros coffee drive-through.
Sellers Avenue Subdivision (DeJesus) Rezone (RZ 01-22), Vesting Tentative Map (TM 01-22), Final Development Plan (FDP 01-22), and Design Review (DR 01-22) - Approval of: 1) a Rezone (RZ 01-22) to amend an existing P-1 District; 2) a Vesting Tentative Map (TM 01-22) subdividing approximately 20.42 acres into 77 single residential lots, private streets, stormwater detention treatment area, and neighborhood park; 3) a Final Development Plan (FDP 01-22) in conjunction with the project’s P-1 District; and 4) Design Review (DR 01-22) for conceptual landscape plans related to the overall subdivision, typical front yards and the neighborhood park. The project site is located at 5911 Sellers Avenue and is zoned P-1 (Planned Unit Development) District.
Machado Lane Subdivision Rezone, Vesting Tentative Map, Final Development Plan, and Design Review (RZ 06-21, TM 03-21, FDP 01-21, DR 10-21) - Approval of: 1) a Rezone (RZ 06-21) to decrease the acreage of and amend an existing P-1 District; 2) a Vesting Tentative Map (TM 03-21) subdividing approximately 20.11 acres into 76 single residential lots, street right of ways, stormwater detention treatment area, and EVA; 3) a Final Development Plan (FDP 01-21) in conjunction with the project’s P-1 District; and 4) Design Review (DR 10-21) for floor plans and architecture, and conceptual landscape plans. Proposed homes consist of one single-story and three two-story house plans each with three elevations ranging from 2,350 to 3,247 square feet of livable area. The project site is located at Machado Lane and East Cypress Road and is zoned P-1 (Planned Unit Development) District.
2540 Oakley Road Tentative Parcel Map (TPM 02-22) and Design Review (DR 04-22) - Approval of a Tentative Parcel Map (TPM 02-22) to subdivide approximately 3.96 acres into two parcels (Parcel A = apx. 1.34 acres and Parcel B = apx. 1.84 acres) and a designated remainder parcel that is occupied by an existing, legal, non-conforming residential use. The application also includes a request for Design Review (DR 04-22) approval to develop Parcel B, which includes two existing buildings, with site improvements and a new 9,100 sf. light industrial warehouse building. The site is located at 2540 Oakley Road and is zoned LI (Light Industrial) District.
Quick Quack Car Wash Conditional Use Permit (CUP 02-20) and Design Review (08-20) - Approval of a Conditional Use Permit (CUP 02-20) and Design Review (08-20) for the approval of a new 3,596 sf. car wash facility. This application also includes the request to construct covered vacuum and payment stations, trash enclosures and associated site improvements. The project site is located within the partially developed Laurel Plaza Shopping Center and is zoned RB (Retail Business) District.
McDonald’s Drive-Through Quick Serve Restaurant at Laurel Plaza (CUP 03-20, DR 09- 20) - Design Review (DR 09-20) approval to develop an approximately 1.7-acre parcel within the Laurel Plaza Shopping Center with a new 4,365 sf. quick serve restaurant with dine-in and drive-through service. Applicant also requests approval of a Conditional Use Permit (CUP 01-20) to operate the drive-through service use (“Project”). The project site 530
City of Oakley General Plan Annual Progress Report 2023 11 consists of an existing parcel fronting on Laurel Road and within the partially developed Laurel Plaza Shopping Center, which is located on the northwest corner of Laurel Road and O’Hara Avenue. The site is zoned RB (Retail Business) District.
Processed, but not Approved in 2023
The Village at 2092 Oakley Road Subdivision (GPA 01-22, RZ 03-22, FDP 01-22, TM 04- 22, DR 07-22) - Application by Owen Poole and Dan Cosgrove requesting approval of 1) a General Plan Amendment (GPA 01-22) to redesignate 9.25 acres from Commercial (CO) to Residential Medium (RM); 2) a Rezone (RZ 03-22) of 9.25 acres from C (General Commercial) District to P-1 (Planned Unit Development) District; 3) a Final Development Plan (FDP 01-22) for development of the 9.25 acres site; 4) a Tentative Map (TM 04-22) to subdivide 9.25 acres into 83 single family residential lots, additional on-site parking, a toddler park, community gathering areas, and other improvements; and 5) a Design Review (DR 07-22) for floor plans and architecture of three homes types with three elevations and three color schemes, and landscaping and other improvements throughout the project. The site is located at 2092 Oakley Road and is zoned “C” (General Commercial) District.
Honey Lane Subdivision (TM 01-20) - Application by Matthew Rasuli and Sepideh Bashiri requesting approval of a Tentative Map (TM 01-20) to subdivide an approximately 4.7- acre site into 26 single family residential lots, storm water treatment areas, and dedication of right of way, including frontage for Honey Lane as well of an extension of Honey Lane into the proposed project. Design Review (i.e., home design, landscape design, entrance features, street tree plan, etc.) has not been submitted in conjunction with this Tentative Map. The project site is located at 637 Honey Lane, adjacent to Marsh Creek, and is zoned Single family Residential (R-6) District.
Oakley Shops at Laurel Fields Tentative Parcel Map, Conditional Use Permit, Variance, and Design Review (TPM 01-24, CUP 01-24, VA 01-24, DR 02-24) - Application by Regency Centers, LP (“Applicant”) requesting approval of: 1) a Tentative Parcel Map (TPM 01-24) to subdivide 8.77 acres into two parcels (Parcel 1 = 7.72 acres and Parcel 2 = 1.05 acres). Parcel 1 is proposed to include a Safeway grocery store as an anchor with five additional retail buildings. Parcel 2 is located on the southwest corner of the site and is proposed for a gas station with C-store; 2) a Conditional Use Permit (CUP 01-24) for the operation of three Drive-Through Restaurants and Services all located on Parcel 1, and the operation of the Gasoline Service Station on Parcel 2; 3) a Variance (VA 01- 24) for an additional 5-feet in allowable height on the grocery store entry tower; and 4) a Design Review for development of the 81,728 square foot shopping center, including site development, building architecture, colors and materials, walls/fencing, landscaping, ingress/egress, and internal parking and circulation (“Project”). The project site is located at 998 Laurel Road and is zoned RB (Retail Business) District.
Bridgehead Industrial Project (GPA 02-23, RZ 04-23, TM 10-23, DR 11-23, MSP 01-23) - Application by Oxfoot Oakley LLC (“Applicant”) requesting approval of 1) a General Plan Amendment (GPA 02-23) to redesignate the General Plan Land Use Designation of the 531
City of Oakley General Plan Annual Progress Report 2023 12 southern portion (approximately 76.4-acres) of the approximately 164-acre site from Commercial (CO) to Light Industrial (LI); 2) a Rezone (RZ 04-23) to re-classify the Zoning District for the entire project from BPL (Business Park Low) District (northern portion) and SP-1 (River Oaks Crossing Specific Plan) District (southern portion) to P-1 (Planned Unit Development) District in conjunction with a Preliminary Development Plan; 3) a Tentative Map (TM 10-23) to subdivide the three existing parcels totaling approximately 164 acres into 10 lots; 4) a Design Review (DR 11-23) for the first phase of the development, including site development and building architecture for an approximately 182,590 square foot building on one of the proposed parcels (10.6-acres) bordering Bridgehead Road; and 5) a Master Sign Program (MSP 01-23) for sign designs and specifications for the entire site, including all future buildings and entrances (“Project”). The northern and southern portions are bisected by the BNSF railroad tracks and known as the North Development Area and the South Development Area. The North Development Area is zoned BPL (Business Park Low) District and is bordered by the Oakley Logistics Center to the west, Big Break Road to the east, open space to the north, and the BNSF railroad tracks to the south (APN 037-020-007). The South Development Area is zoned SP-1 (River Oaks Crossing Specific Plan) District and is bordered by Bridgehead Road to the west, the BNSF railroad tracks to the east and north, and Main Street to the south.
Delta Pointe Plaza (CUP 04-23, CUP 03-24, DR 08-23) - Application by Joey Rojas of R&R Pacific Construction (“Applicant”) requesting approval of a new two-story, mixeduse project with commercial and multi-family residential uses. The application includes:
1) Conditional Use Permits (CUP 04-23 and CUP 03-24) for multi-family housing within Oakley’s Downtown and a ground-floor accessible unit; and 2) Design Review (DR 08- 23) for site development and building design (“Project”). The first floor of the project would consist of seven commercial spaces totaling 6,800 square feet and one accessible apartment. The second floor of the proposal includes seven 950-square-foot, onebedroom apartments. The project site is zoned SP-4 (Downtown Specific Plan) District.
The Project Site is located along the north side of Main Street, east of Ace Hardware.
Live Oak Industrial Park (TM 09-23, DR 07-23) - Application by Colt Alvernaz (“Applicant”) requesting approval of 1) a Tentative Map (TM 09-23) subdividing a 4.66-acre site into four lots of approximately 1 to 1.2 acres each, where each lot includes two 8,000 sf. light industrial buildings, each split into two condominiums, and dedicating approximately 0.18 acres of right of way along Live Oak Avenue, and 2) Design Review (DR 07-23) for site development, including stormwater control, landscaping, utilities, and infrastructure, and for building architecture of the eight proposed structures. The site is zoned LI (Light Industrial) District and is located at 5400 Live Oak Avenue.
Summer Lake North Subdivision 9657 Vesting Tentative Map (TM 03-23) - Application by Civic Summer Lake North LCC (“Applicant”) requesting approval of a Vesting Tentative Map (TM 03-23) to subdivide approximately 10.29 acres into 54 single family residential lots planned to be Village 14 of the Summer Lake North Subdivision (“Project”). The VTM shows a minimum lot size of 5,000 square feet and a net density of 5.2 dwelling units per acre. This application is a follow up to a SB 330/Builder’s Remedy application (SB330 01-23) submitted to the City of Oakley on February 1, 2023. This application will be 532
City of Oakley General Plan Annual Progress Report 2023 13 processed pursuant to the applicable “Builder’s Remedy” statutes. The project is located in the Summer Lake North Subdivision at the NE corner of E. Cypress Road and Bethel Island Road and is zoned SP-1 (East Cypress Corridor Specific Plan).
Summer Lake North Subdivision 9658 Vesting Tentative Map (TM 04-23) - Application by Civic Summer Lake North LCC (“Applicant”) requesting approval of a Vesting Tentative Map (TM 04-23) to subdivide approximately 14.65 acres into 85 single family residential lots planned to be Villages 15 and 16 of the Summer Lake North Subdivision (“Project”).
The VTM shows a minimum lot size of 4,000 square feet and a net density of 5.8 dwelling units per acre. This application is a follow up to a SB 330/Builder’s Remedy application (SB330 02-23) submitted to the City of Oakley on February 1, 2023. This application will be processed pursuant to the applicable “Builder’s Remedy” statutes. The project is located in the Summer Lake North Subdivision at the NE corner of E. Cypress Road and Bethel Island Road and is zoned SP-1 (East Cypress Corridor Specific Plan).
Summer Lake North Subdivision 9659 Vesting Tentative Map (TM 05-23) - Application by Civic Summer Lake North LCC (“Applicant”) requesting approval of a Vesting Tentative Map (TM 05-23) to subdivide approximately 16.89 acres into 131 single family residential lots planned to be Village 17 of the Summer Lake North Subdivision. The VTM shows a minimum lot size of 3,600 square feet and a net density of 7.8 dwelling units per acre.
This application is a follow up to a SB 330/Builder’s Remedy application (SB330 03-23) submitted to the City of Oakley on February 1, 2023. This application will be processed pursuant to the applicable “Builder’s Remedy” statutes. The project is located in the Summer Lake North Subdivision at the NE corner of E. Cypress Road and Bethel Island Road and is zoned SP-1 (East Cypress Corridor Specific Plan).
Summer Lake North Subdivision 9660 Vesting Tentative Map (TM 06-23) - Application by Civic Summer Lake North LCC (“Applicant”) requesting approval of a Vesting Tentative Map (TM 06-23) to subdivide approximately 12.34 acres into 106 single family residential lots planned to be Village 18 of the Summer Lake North Subdivision. The VTM shows a minimum lot size of 2,728 square feet and a net density of 18.6 dwelling units per acre.
This application is a follow up to a SB 330/Builder’s Remedy application (SB330 06-23) submitted to the City of Oakley on February 1, 2023. This application will be processed pursuant to the applicable “Builder’s Remedy” statutes. The project is located in the Summer Lake North Subdivision at the NE corner of E. Cypress Road and Bethel Island Road and is zoned SP-1 (East Cypress Corridor Specific Plan). APN 032-370-033 (portion).
Summer Lake North Subdivision 9661 Vesting Tentative Map (TM 07-23) - Application by Civic Summer Lake North LCC (“Applicant”) requesting approval of a Vesting Tentative Map (TM 07-23) to subdivide approximately 4.37 acres into 51 single family residential lots planned to be Village 19 of the Summer Lake North Subdivision. The VTM shows a minimum lot size of 2,232 square feet and a net density of 11.7 dwelling units per acre.
This application is a follow up to a SB 330/Builder’s Remedy application (SB330 05-23) submitted to the City of Oakley on February 1, 2023. This application will be processed pursuant to the applicable “Builder’s Remedy” statutes. The project is located in the 533
City of Oakley General Plan Annual Progress Report 2023 14 Summer Lake North Subdivision at the NE corner of E. Cypress Road and Bethel Island Road and is zoned SP-1 (East Cypress Corridor Specific Plan). APN 032-370-033 (portion).
Summer Lake North Subdivision 9662 Vesting Tentative Map (TM 08-23) - Application by Civic Summer Lake North LCC (“Applicant”) requesting approval of a Vesting Tentative Map (TM 08-23) to subdivide approximately 3.95 acres into 16 single family residential lots planned to be Village 13 of the Summer Lake North Subdivision. The VTM shows a minimum lot size of 5,300 square feet and a net density of 4.05 dwelling units per acre.
This application is a follow up to a SB 330/Builder’s Remedy application (SB330 04-23) submitted to the City of Oakley on February 1, 2023. This application will be processed pursuant to the applicable “Builder’s Remedy” statutes. The project is located in the Summer Lake North Subdivision at the NE corner of E. Cypress Road and Bethel Island Road and is zoned SP-1 (East Cypress Corridor Specific Plan).
Stonecreek Subdivision 9647 (TM 02-23) - Application by Ponderosa Homes II, Inc. (“Applicant”) requesting approval of a Vesting Tentative Map (TM 02-23) to subdivide approximately 50.5 acres into 176 single family residential lots, a 2.4-acre park, a 2.7- acre detention basis, a 1.1-acre, 75-foot wide creek setback, and other associated improvements (“Project”). The applicant states a Design Review application, including landscaping and architecture, will be submitted separately at a later date. The Vesting Tentative Map has been assigned number 9647. The project is located on the west side of Sellers Avenue, approximately 0.5 miles north of Delta Road and 1 mile south of East Cypress Road. The project site is zoned P-1 (Planned Unit Development) District which is associated with a previously approved and now expired tentative map (8973). 534
STAFF REPORT
1 City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: May 14, 2024
TO: Joshua McMurray, City Manager
FROM: Derek Cole, City Attorney
SUBJECT: Adopt a Resolution Accepting a Grant Deed Conveying to the City of Oakley Certain Real Property Interests (portions of APN 034-090-022, located at Laurel Road and O’Hara Avenue)
Background and Analysis
At the City Councils regular meeting on February 27, 2024, the City Council authorized the execution of a Purchase and Sale Agreement in which the owners of portions of property needed for the widening of Laurel Road and OHara Venue (CIP 280) are selling the property to the City. The parties are in escrow.
The proposed action is a formality California law requires when a public agency accepts a deed to real property. The Council is required by resolution to authorize a City officer to accept a deed. To this end, the proposed resolution authorizes the City Manager to accept the deed for the referenced parcels. This acceptance must be presented to the Contra Costa County Recorder for purpose of recording the grant deed for the transaction.
Consistency with the Oakley Strategic Plan 27+
The proposed action is consistent with The City’s Sustainable Organization Goal.
Fiscal Impact
The City Council has previously authorized the sale of the referenced parcels. There is no additional cost associated with the acceptance of the parcel deeds.
Staff Recommendation
The City Council is requested to adopt the Resolution Accepting a Grant Deed Conveying to the City of Oakley Certain Real Property Interests.
Attachments
1. Proposed Resolution Accepting Real Property
Approved and
Forwarded to the
City Council
535
Resolution No. XX-24 Page 1 of 4
RESOLUTION NO. XX-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY ACCEPTING A
GRANT DEED CONVEYING TO THE CITY OF OAKLEY CERTAIN REAL
PROPERTY INTERESTS
WHEREAS, California Government Code Section 27281 provides that deeds or grants conveying an interest in fee or easement upon real estate to a political corporation or governmental agency for public purposes shall not be accepted for recordation without the consent of the grantee evidenced by its resolution of acceptance; and, WHEREAS, certain real property interests have been presented to the City of Oakley (hereinafter "City") for acceptance; and,
WHEREAS, the real property interests are set forth in a grant deed, attached hereto as Exhibit "A" and incorporated herein by this reference (hereinafter "Deed"); and, WHEREAS, Exhibit "A" also sets forth the names of the grantor(s) of the real property interests as well as the location of the real property interests; and WHEREAS, the owner(s) of the real property interest described in Exhibit "A" have offered to convey to the City the real property interests therein; and WHEREAS, the City Council of the City of Oakley does hereby find and determine that it is in the best interests of the City to accept the Deed.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Oakley hereby finds and directs as follows:
1. The foregoing recitals are true and correct.
2. The Deed, which is described in Exhibit "A," is hereby accepted by the City Council.
3. The City Manager is hereby authorized to sign the Certificate of Acceptance for said property in the form attached to this Resolution.
4. The City Clerk is hereby authorized and directed to cause the Deed to be recorded in the Office of the County Recorder for the County of Contra Costa. 536
Resolution No. XX-24 Page 2 of 4
PASSED AND ADOPTED by the City Council of the City of Oakley this 14th day of May, 2024 by the following vote:
AYES:
NOES:
ABSTENTION:
ABSENT:
APPROVED:
___________________
Anissa Williams, Mayor
ATTEST:
___________________ ___________________
Libby Vreonis, City Clerk Date
537
Resolution No. XX-24 Page 3 of 4
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real property conveyed by the grant deed dated [insert] from [insert names of sellers], to The City of Oakley, a municipal corporation, is hereby accepted by the undersigned officer on behalf of the City of Oakley, a municipal corporation, pursuant to authority conferred by Resolution No. XX-24 of the City Council of the City of Oakley, adopted on May ____, 2024, and the City of Oakley consents to recordation thereof by its duly authorized officer.
Dated: By:
Joshua McMurray
City Manager
538
Resolution No. XX-24 Page 4 of 4
EXHIBIT A
539
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: May 14, 2024
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Adopt a Resolution Awarding a Contract to Sweeping Corp. of America (SCA) for Street and Parking Lot Sweeping Maintenance Services for Fiscal Years (FY) 2024/25 and 2025/26
Background and Analysis
The City of Oakley is responsible for the street sweeping maintenance of approximately 537 curb miles within the community. These curb miles include, but are not limited to; residential, arterial, collector, median curbs and City owned parking lots.
The State of California Clean Water laws require municipalities to clean and sweep their public streets to ensure that trash and debris do not flow from the street into the storm drain system and ultimately to the San Francisco Bay waterways. The City of Oakley prepared and issued a Request for Proposal (RFP) to professional sweeping companies who provide street sweeping services to municipalities on May 22, 2020.
After evaluation SCA dba Contract Sweeping Services, Inc. was selected to continue providing sweeping services to the City of Oakley. This sweeping service will cover all streets & City owned parking lots twice monthly.
Street Sweeping services is a very specialized type of service where there are not a lot of companies available to provide this in our area; so after recent discussions Staff has had with SCA regarding our current sweeping service needs and taking into account a successful history with providing their service for the Oakley community for the last few years; Staff recommends that the City Council award the street and parking lot sweeping contract to SCA for FY 2024/25 and FY 2025/26, with the option to extend the agreement until 2028 if work is performed satisfactorily.
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+, Community Health & Safety and Finance & Fiscal responsibility goals.
Fiscal Impact
The cost for this contract is included in the Public Works Department operations budget to be paid for from the Storm Water Fund. Contract signing will not occur until the FY 2024/2025 Budget has been adopted City by Council.
Approved and
Forwarded to the
City Council
540
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Staff Recommendation
Staff recommends that the City Council adopt the resolution approving the Street and Parking Lot Sweeping Maintenance Services Agreement with SCA for a two-year period in the amount of $252,752.00 annually and authorizing the City Manager to execute this agreement through June 30, 2026, with the option of extending the agreement through June 30, 2028.
Attachments
Attachment 1 – Proposal from SCA
Attachment 2 - Resolution
541
April 10, 2024
Christine Keller
City of Oakley
Administrative Supervisor
3231 Main Street
Oakley, CA 94561
Hi Christine,
Under the terms of the street sweeping contract between SCA and the City of Oakley, we are requesting a one-year extension to our street sweeping contract.
We are also requesting an adjustment to the rate of compensation based upon the previous 1-year CPI; San Francisco/CPI calculator of 2.8%.
• Current monthly billing is $20,489.00/month
• New proposal billing will be $21,063.00/month
• Additional/emergency sweeping will be billed at $140.00/hour • New contract value for 2024/2025 will be $252,752.00
Please let me know if you have any questions or comments. We appreciate your business very much and look forward to continuing our excellent working relationship.
Thank you.
Rick Anderson
Sweeping Corp. of America
District Sales Manager – Southern California
[email protected]
C: 310-740-1601
542
Part II. Price Response Form (Submit in a separate, sealed envelope.)
UNIT PRICES FOR STREET SWEEPING SERVICES
Item
Description
Unit of
Measure
Monthly
Estimated
Quantity Unit Price Total
Street Sweeping Curb Mile 490
Emergency Call-Out Hours 10
Additional Sweeping Hours 20
Subtotal
UNIT PRICES FOR PARKING LOT SWEEPING
Number Location
Annual
Estimated
Quantity Unit
Per
Sweep
Unit
Cost
Total
1 Civic Center Plaza
3231 Main Street 24 Sweeps EA
2 Oakley Plaza
3070-3100 Main Street 24 Sweeps EA
3 Shopping Center
3330 Main Street 24 Sweeps EA
4 Public Parking Lot
3669 Main Street 24 Sweeps EA
537 $36.64 $19,675.68 $140 TBD $140 TBD $19,675.68 $77.07 $154.14 $77.07 $154.14 $77.07 $154.14 $77.07 $154.14 543
5 Creekside Park
3900 Creekside Way 24 Sweeps EA
6 Summerlake Park –
Lot 1
3900 Creekside Way 24 Sweeps EA
7 Summerlake Park –
Lot 2
3900 Creekside Way 24 Sweeps EA
8 Laurel Ball Fields
850 Laurel Road 24 Sweeps EA
9 Oakley Recreation
Building
1250 O’Hara Avenue
24 Sweeps EA
Subtotal
BASE BID TOTAL (Street Sweeping + Parking Lot Sweeping) NOTE: The City of Oakley reserves the right to reject any or all bids. _____________________________ ___________________________ ___________ Company Name Signature of Bidder Date
$77.07 $154.14 $77.07 $77.07 $77.07 $77.10 $154.14 $154.14 $154.14 $154.20 $1387.32 $21,063.00 SCA of CA 4-26-2024 544
Resolution No. ___-24 1
RESOLUTION NO. ___-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING AN AWARD OF CONTRACT WITH SWEEPING CORP. OF AMERICA (SCA) FOR THE
CITY OF OAKLEY STREET AND PARKING LOT SWEEPING MAINTENANCE SERVICES FOR FISCAL YEARS (FY) 2024/25 AND FY 2025/26 AND AUTHORIZING
THE CITY MANAGER TO EXECUTE SAID AGREEMENT
WHEREAS, the City of Oakley issued a Request for Proposal (RFP) for street and parking lot sweeping services to professional sweeping companies back on May 22, 2020; and
WHEREAS, After evaluation SCA dba Contract Sweeping Services, Inc. was selected to continue providing sweeping services to the City of Oakley; and WHEREAS, after recent discussions Staff has had with SCA regarding our current sweeping service needs and taking into account a successful history with providing their service for the Oakley community for the last few years; Staff recommends that the City Council award the street and parking lot sweeping contract to SCA for FY 2024/25 and FY 2025/26, with the option to extend the agreement until 2028 if work is performed satisfactorily; and
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, by the City Council of the City of Oakley that the Street and Parking Lot Sweeping Maintenance Services Agreement with Sweeping Corp of America will be awarded for an amount not to exceed $252,752.00 annually for FY 2024/25 and FY 2025/26, and the City Manager is authorized to execute said agreement.
BE IT FURTHER RESOLVED AND ORDERED, if at the end of the term the services have been performed satisfactorily the City Manager has the discretion to approve an extension of the agreement to June 30, 2028, under the same terms as the original agreement.
PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 14th of May 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
_______________________
Anissa Williams, Mayor
545
Resolution No. ___-24 2
ATTEST:
______
Libby Vreonis, City Clerk Date
546
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: May 14, 2024
TO: Joshua McMurray, City Manager
FROM: Ken Strelo, Community Development Director
SUBJECT: Planning Area 6-H Subdivision 9636 (East Cypress Corridor Specific Plan) Tentative Map (TM 01-23) – Request for approval of a Vesting Tentative Map to subdivide 16.5 acres into 89 single family residential lots. APNs 032-082-010 and 032-082-011.
Summary
This is an application by Owen Poole on behalf of ACD-TI Oakley LLC (“Applicant”) requesting approval of a Vesting Tentative Map (TM 01-23), Subdivision 9636, to subdivide 16.5 acres into 89 single family residential lots with a minimum lot size of 2,605 square feet and average lot size of 3,024 square feet (“Project”). The Tentative Map also includes acreage for the East Cypress Corridor Specific Plan levee, dedication and improvement of Bethel Island Road frontage, and dedication and improvement of “Street X” which provides access to the project from Bethel Island Road and serves as the connecting road to development west of the project site. The project site is located on the west side of Bethel Island Road, approximately 0.8 miles north of East Cypress Road. The project is zoned SP -1 (East Cypress Corridor Specific Plan) District and is identified as Planning Area 6-H within the SP-1 District. APNs 032-082-010 and 032- 082-011.
Background
GENERAL PLAN
Specific Plan – The project is designated as Specific Plan in the Oakley General Plan and is part of the East Cypress Corridor Specific Plan (“ECCSP”). The General Plan described this Specific Plan area as one that envisions development of five mixed density residential neighborhoods around a central commercial center. The SP area also preserves wetlands and includes a new levee system that surrounds the planned neighborhoods.
ZONING
SP-1 (East Cypress Corridor Specific Plan) District –The SP-1 District and ECCSP were approved with adoption of City Council Ordinance 10-09. The SP1 District is further classified into land uses within the specific plan. The project site is located within “Planning Area – 6H (PA-6H)” of the ECCSP. PA 6 is made Approved and
Forwarded to the
City Council
547
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us of several smaller properties owned by different entities. These areas are generally located along the individual residential/agricultural parcels along the south side of East Cypress Road between Jersey Island Road and Bethel Island Road, along the eastern side of Bethel Island Road, and along Dutch Slough Road and Sandmound Boulevard. It is noted that properties along Dutch Slough Road and Sandmound Boulevard were part of the planning for the ECCSP, but ultimately did not pass approval votes to be annexed into Oakley’s City limits.
PA 6H is now controlled by the developer (ACD-TI Oakley, LLC) for the Grand Cypress Preserve project, which also includes PAs 1, 3, and 4.
SITE CONDITIONS AND
SURROUNDING LAND USES
The subject property is located along
the western edge of Bethel Island
Road approximately 0.8 miles north
of East Cypress Road. To the north
of the site is an existing dry boat
storage facility that is also within the
City limits and identified as PA 6-G.
South of the site is an undeveloped
site identified as PA 6-I in the
ECCSP. PA-1, with an approved
Tentative Map and Development
Agreement is located to the west and
Summer Lake North, and current
residential development by a different
owner/developer is located to the east across Bethel Island Road. The property’s current state is vacant with no existing structures (See Figure 1. Aerial of Project Site).
PREVIOUS ENTITLEMENTS AND DEVELOPMENT AGREEMENT
On January 24, 2012, the City Council adopted Resolution 11-12 making finding and approving Tentative Parcel Map MS 11-976 (TPM 01011) subdividing two parcels totalling approximately 16.44 acres into four parcels. These two parcels were the same two parcels associated with this current Tentative Map application. The previous entitlement was for the purposes of creating parcels for a portion of the East Cypress Corridor Specific Plan levee system, future residential development consistent with the East Cypress Corridor Specific Plan, future right of way/roadway, and a natural drainage area. Just prior to this approval, the City Council adopted Ordinance 27-11 which approved a Development Agreement between the City and Pacific West Communities, Inc. relating to the project site. To date, a parcel map has not been recorded.
Figure 1. Aerial of Project Site
548
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 3
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us Even though the parcel map has not been recorded and development has not yet been pursued, the Development Agreement resulted in the site being allowed to be developed as either market rate single family residential at up to 23 units, or multifamily affordable residential up to 196 units. The option for the higher desnity multi family development is per the ECCSP where it states, “If a levee system is relocated to provide adequate protection, Planning Area 6-H may be considered for a Multi Family Residential – High Density Affordable Housing Overlay District at a maximum of 20 units per acre. The term of the Development Agreement was set to expire on December 25, 2025.
TRANSFER OF DENSITY
The proposed project is requesting approval for 89 single family residential lots. Per the ECCSP, the target units for PA 6-H is 36 units. The 89 units would result in an increase of 53 units over the target for PA 6-H. The ECCSP includes an allowance for the transfer of density as follows: “If the development potential is reduced due to environmental constraints, the residential units may be reallocated to other Planning Areas provided densities stay within the ranges shown on the Land Use Map and the total number of dwelling units for the Specific Plan is not exceeded.” The Grand Cypress Preserve project was required to construct a large wetland preserve in the northern area of PA 1 just south of Dutch Slough Road and east of Jersey Island Road. Construction of the wetland preservation area is considered an environmental constraint. That wetland preserve, which is approximately 256-acres in size, influenced the developable area approved Tenative Maps for PA 1 resulting in in a decrease of 54 units from what was originally targetted within PA 1. Since the owner of the Grand Cypress Preserve also owns the project site, and the transfer of units will not exceed the total number of units for the Specific Plan, Staff has determined that this transfer of units meets the intent of the Specific Plan and is fair to the land owner that constructed the wetland preserve. It is noted, that although none of the construction for the Grand Cypress Preserve development has begun, the wetland preservation area has been completed and is currently serving its purpose.
PLANNING COMMISSION PUBLIC HEARING (APRIL 2, 2024)
On April 2, 2024, the Planning Commission held a regularly scheduled meeting at which it heard the project as a public hearing item (Item 4.1) acting in an advisory role to the City Council. Vice Chair Verdusco, and Commissioners Price, Krieg, and Ramirez were present. Chair Chuiko was absent. After Staff presented the project, the Planning Commission asked questions of Staff. Questions from the Planning Commission were related to Native American Heritage Commission (NAHC) involvement, the sequencing of the levee construction, and connection to the City’s future 55-acre park. Staff responded that NAHC consultation was requested and 549
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 4
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us that communication with tribal representatives that sought consultation included past consultation during the original ECCSP approval process, and that the interested tribes had no further comment. Staff also responded that the levee portion of this project would be part of the regional (or master) levee system for the ECCSP which would continue west toward Jersey Island Road and that the levee will include trails that will provide connectivity to developments to the west, including the future 55- acre park.
Vice-Chair Verduzco opened the public hearing and with no public speakers, the applicant gave a short presentation on the project. They stated the application is mostly about confirming the geometry so Bethel Island Road and its alignment can be designed properly and have the right connections. The applicant’s project engineering further described how the levee will cross Bethel Island Road in order to connect to the existing levee built around the Summer Lake North development. No other public comments were received.
Vice Chair Verduzco closed the public hearing and the Planning Commission deliberated on the project. It was moved by Commissioner Krieg and seconded by Commissioner Price to adopt the proposed resolution recommending the City Council approve the project, as conditioned. The final vote was 3 ayes (Vice Chair Verduzco, Commissioner Price and Commissioner Krieg), 1 no (Commissioner Ramirez), and 1 absent (Chair Chuiko).
Project Description
The proposed project includes approval of a Vesting Tentative Map and other associated plans such as a site plan, parcel delineation plan, preliminary grading and drainage plan, utility plan, stormwater control plan, fire access turning radius plan, and conceptual landscape plans. This application does not include a Design Review application, meaning at this time, house designs have not been proposed.
VESTING TENTATIVE MAP (TM 01-23) SUBDIVISION 9636
The proposed project would result in the subdivision of approximately 16.5 acres into 89 single family residential lots with a minimum lot size of 2,605 square feet and average lot size of 3,024 square feet. The resulting project density is 10.7 dwelling units per acre when including only developable areas and approximately 5.4 dwelling units per acre when factoring in the entire 16.5 acres. In addition to the residential lots, the map also includes:
Parcel A – a private drainage area on the south side of Street “X” (the public street off of Bethel Island Road);
Parcel B – private streets and common areas (Parcel B) within the subdivision 550
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 5
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us and adjacent to the levee; and
Parcel C – the perimeter levee.
Parcel A (drainage area) is proposed to be maintained by a Homeowner’s Association (“HOA”) and will total approximately 0.88 acres. Parcel B (private streets and common areas) will also be maintained by the HOA and will total approximately 2.1 acres. Parcel C (perimeter levee) will be maintained by Reclamation District 799 (“RD 799”) and will total approximately 5.1 acres. The portion of Bethel Island Road required to be dedicated and improved and the east/west access road (Street “X”) to the development will be dedicated to the City as public right of way and maintained by the City. The layout and locations of Parcel A (yellow), Parcel B (Aqua), Parcel C (purple), and the future public right of way (salmon-colored) are shown in Figure 1.
Figure 1. Future Right of Way and Parcels A, B and C
551
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 6
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us Access and Circulation
Main vehicular access to the site is proposed along the southern boundary via the future Street “X”. A secondary emergency vehicle access (“EVA”) is proposed to connect to Bethel Island Road near the southern portion of the site. That EVA is proposed to be 28-feet wide and blocked by foldable bollards. Pedestrian access will be through the main entrance, the proposed EVA, and along the levee pedestrian trail.
Street “X” is proposed to be a two-lane, divided roadway with a landscaped median with a break at the project entry (“A” Street). The cross section shows a 12-foot wide travel lane and additional 8-foot wide bike lane in each direction, plus additional landscaping and sidewalk on both sides. The internal road network is proposed to consist of a cross street (“B” Street) that intersects with “A” Street and two other loop roadways (“C” Circle and “D” Circle). “B” Street will include a 20-foot wide travel lane with an 8-foot wide parking lane and sidewalk on one side. The western end of “B” Street includes 7 90- degree parking spaces as opposed to the convention parallel parking area. “C” Circle and “D” Circle are proposed as 20-foot wide travel lanes with no parking on either side as these will be used to access the future homes’ garages. There are three separate areas along both “C” Circle and “D” Circle that provide 27 90-degree parking spaces.
Proposed Landscape Plans
The proposed landscape plan is an illustrative drawing that shows the general locations for trees proposed along the public and private streets and within the common landscaped areas. It also shows other landscaped areas throughout the subdivision and includes a picture matrix of proposed tree and plant species. In addition to live materials, the project will include a picnic area near the base of the levee on the western edge of the subdivision. There are 68 trees proposed along both sides and within the median of Street “X”. An additional 25 trees are proposed along Bethel Island Road on both sides of the planned sidewalk. Seven trees are proposed on both sides and within the median of Street “A” (the entry road). Another 30 trees are proposed throughout the subdivision. All trees are proposed as 24” box size at planting.
ENVIRONMENTAL COMPLIANCE
California Environmental Quality Act (CEQA)
The proposed project site is located within the East Cypress Corridor Specific Plan EIR and Supplemental EIR (SCH # 2004092011), collectively, “ECCSP EIRs”, certified by the City Council in March of 2006 and 2009, respectively. The City has reviewed the information submitted with the project and determined that approval of the project will not result in any new, or substantially more adverse, significant environmental impacts than those disclosed in the ECCSP EIRs. The proposed project is subject to applicable 552
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 7
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us mitigation measures from the Mitigation and Monitoring Plan (MMP) for the ECCSP EIR.
The MMP is incorporated as Chapter 4.0 of the ECCSP Final EIR.
Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP) The Grand Cypress Preserve project is subject to the HCP/NCCP through an “Agreement Regarding the Extension of Take Authorization for the Cypress Preserve Project.” That agreement was executed on June 13, 2018 and includes the City of Oakley, HCP Conservancy, Developer, and Wildlife Heritage Foundation as signatories.
A First Amendment to the Agreement was executed on July 23, 2021. That agreement served to amend certain aspects of the agreement and included the same signatories as the original agreement. Both the original agreement and first amendment are still valid. The project site is included in the project area covered by the agreement and any development of the project area would initiate specific parts of the agreement unless already initiated by other development affecting the same parts. Compliance with the Agreement and First Amendment results in compliance with the HCP/NCCP.
Analysis
VESTING TENTATIVE MAP (TM 01-23) SUBDIVISION 9636
The Vesting Tentative Map (“TM”) has been reviewed against all applicable codes including the East Cypress Corridor Specific Plan, Subdivision Map Act, General Plan, and the Zoning Ordinance. The TM’s gross density (approximately du/ga) falls within the gross density range of the project area when considering the transfer of 53 units from Planning Area 1. The site is physically suitable for the project in that it is accessible as a result of the proposed right of way that will connect to Bethel Island Road and will be within the final perimeter levee. The site is not physically constrained other than the reduction in net developable acres due to perimeter levee and frontage right of way dedication, and it is also able to accommodate the proposed density resulting in 89 units in that the site could potentially accommodate a development with a density of 20-units per acre per the East Cypress Corridor Specific Plan. The subdivision is not expected to result in any serious public health problems. Public improvements such as improvements to Bethel Island Road, a portion of the perimeter levee, and the construction of Steet “X” which will eventually connect Bethel Island Road and approved maps to the west of the project.
Staff recommends the City Council approve of the proposed Tentative Map (TM 01-23).
Findings
Draft findings can be found in the proposed resolution. 553
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 8
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us 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 Economic Development Goal”.
Reviewing applications for compliance with Oakley’s development standards ensures strategic and thoughtful growth.
Fiscal Impact
The approval of these entitlements will not impact the General Fund. This is a developer funded account. All Staff time and City of Oakley generated materials are charged to the account and paid for by the developer.
Staff Recommendation
Staff recommends the City Council approve the project titled, “Planning Area 6-H Subdivision 9636 (East Cypress Corridor Specific Plan) Tentative Map (TM 01-23)” as conditioned.
Attachments
1. Vicinity Map
2. Notice of Public Hearing
3. Applicant’s Plans
4. Proposed Resolution
In City Clerk’s Reading File
URL to East Cypress Corridor Specific Plan and CEQA Documents o https://www.ci.oakley.ca.us/east-cypress-corridor-specific-plan-project/ 554
Vicinity Map
Planning Area 6-H (East Cypress Corridor Specific Plan) Tentative Map (TM 01-23) APNs: 032-082-010 and 032-082-011
555
NOTICE OF PUBLIC HEARING
Notice is hereby given that on May 14, 2024 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 for a project as described below:
Project Name: Planning Area 6-H Subdivision 9636 (East Cypress Corridor Specific Plan) Tentative Map (TM 01-23).
Project Location: West side of Bethel Island Rd., approximately 0.8 miles north of E. Cypress Rd. (APNs 032-082-010 and 011).
Applicant: Owen Poole on behalf of ACD-TI Oakley LLC, 151 Spyrock Ct., Walnut Creek, CA 94595 ([email protected]).
Request: Application by Owen Poole on behalf of ACD-TI Oakley LLC (“Applicant”) requesting approval of a Tentative Map (TM 01-23), Subdivision 9636, to subdivide 16.5 acres into 89 single family residential lots with a minimum lot size of 2,605 square feet and average lot size of 3,024 square feet (“Project”). The Tentative Map also includes acreage for the East Cypress Corridor Specific Plan levee, dedication and improvement of Bethel Island Road frontage, and dedication and improvement of “Street X” which provides access to the project from Bethel Island Road and serves as the connecting road to future development west of the project site. The project site is located on the west side of Bethel Island Road, approximately 0.8 miles north of East Cypress Road. The project is zoned SP -1 (East Cypress Corridor Specific Plan) District and is identified as Planning Area 6-H within the SP-1 District. APNs 032-082-010 and 032-082-011.
How to Review: The Staff Report and its attachments will be available for public review, on or before May 9, 2024 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 May 14, 2024 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, Community Development Director, 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. 556
PHASE 2
LEVEE
BETHEL ISLAND ROAD
PHASE 2
LEVEE
STREET X DEVELOPMENT BOUNDARY
A STREET
B STREET
D CIRCLE
D CIRCLE
C CIRCLE
C CIRCLE D STREET SHEET: OF
8 JOB NO. 180180 1 VICINITY MAP City of Oakley Planning Division DEC 11, 2023 RECEIVED 557
SHEET: OF 8 JOB NO. 180180 2
558
C CIRCLE
C CIRCLE
D CIRCLE
D CIRCLE
B STREET
PHASE 2
LEVEE D STREET
BETHEL ISLAND ROAD
PHASE 2 LEVEE STREET X DEVELOPMENT BOUNDARY A STREET SHEET: OF 8 JOB NO. 180180 3 A STREET -TYP (PRIVATE) B STREET-TYP (PRIVATE) CIRCLE WITH PARKING -TYP (PRIVATE) AB C CIRCLE-TYP (PRIVATE) D TYPICAL EASEMENTS AND SETBACKS STREET X -TYP (PUBLIC) E 559
C CIRCLE
C CIRCLE
D CIRCLE
D CIRCLE
B STREET
PHASE 2
LEVEE D STREET
BETHEL ISLAND ROAD
PHASE 2
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STREET X DEVELOPMENT BOUNDARY
A STREET SHEET: OF
8 JOB NO. 180180 4
560
C CIRCLE
C CIRCLE
D CIRCLE
D CIRCLE
B STREET
PHASE 2
LEVEE D STREET
BETHEL ISLAND ROAD
PHASE 2 LEVEE STREET X DEVELOPMENT BOUNDARY A STREET SHEET: OF 8 JOB NO. 180180 5 A SITE AT LOT 31 TO BETHEL ISLAND ROAD HEADER BOARD DETAIL-TYP DSITE AT LOT 18 TO STREET X C SECONDARY EVA TO BETHEL ISLAND ROAD B 561
C CIRCLE
C CIRCLE
D CIRCLE
D CIRCLE
B STREET
PHASE 2
LEVEE D STREET
BETHEL ISLAND ROAD
PHASE 2 LEVEE STREET X DEVELOPMENT BOUNDARY A STREET SHEET: OF 8 JOB NO. 180180 6 TYPICAL UTILITY LATERAL DETAIL 562
DMA 1 68,722 SF DMA 2* DMA 2* DMA 2* DMA 2 45,800 SF DMA 5* DMA 10 22,178 SF DMA 5 33,147 SF DMA 6 3,056 SF DMA 7 934 SF DMA 8 1164 SF DMA 8* DMA 9 239 SF DMA 4 464 SF DMA 12* DMA 12* DMA 12* DMA 12 53,202 SF DMA 13 3,716 SF DMA 14 50,043 SF DMA 14* DMA 14* DMA 14* DMA 22 1,004 SF DMA 16 1,300 SF DMA 16* DMA 15 3,031 SF DMA 21 26,176 SF DMA 21* DMA 21* DMA 17 1020 SF DMA 18 5,204 SF DMA 19 1,712 SF DMA B1 3,128 SF DMA B7 3,645 SF DMA A2 23,045 SF DMA A1 83,204 SF DMA 23 11,850 SF DMA B3 3,454 SF DMA 3 5,898 SF DMA B4 53,425 SF DMA B2 2983 SF DMA B3* DMA 24 24,490 SF DMA B5 5,484 SF DMA A3 46,632 SF DMA 3* DMA 11 553 SF DMA B6 1,870 SFDMA 20 1,577 SF DMA A4 89,052 SF IMP 1 15,523 SF SHEET: OF 8 JOB NO. 180180 7 IMP SIZING SUMMARY TYPICAL SECTION - FLOW-THROUGH PLANTER/ BIORETENTION FACILITY NOT TO SACLE A- BUBBLE UP AND BACKUP STORMWATER PUMP DETAIL NOT TO SACLE B- B563
C CIRCLE
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D CIRCLE
D CIRCLE
B STREET
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PHASE 2
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STREET X DEVELOPMENT BOUNDARY
A STREET SHEET: OF
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GRAND CYPRESS PRESERVE NH 6H OAKLEY, CALIFORNIA
DECEMBER 2023
0 20’ 40’ 80’
CONCEPT PLAN
1 10
19 19
19 18
8 8
13 13
13 11
2 2
325
16 9
6 6
66 12
4 16
14 15
8 7
17 7
12637489
10 11
12 13
14 15
16 17
18 195
Main Entry
City Standard Light Post
Decomposed Granite Picnic Area (Impervious)
Grade Resilient Planting
Seating Nodes with Skate Blocks
Concrete Pedestrian Pathways (Impervious)
Shade Trees
Planting Areas
EVA to Bethel Island Road
Levee Conforme Area (By Others)
Bio Retention Area
Site Triangles per Civil Drawings. Planting within
designated areas is to not exceed <2’-6”
Street Trees
Removable Bollards in compliance with Contra
Costa County Fire. 5’ Max clearance Between
Bollards
Entry Signage
3’ Planting Buffer
Sewer Lift Station
Levee Network Path
Fire Hydrants, S.C.D.
SECTION A-A N.T.S
STREET
A CIRCLE
PL ROW
LOW
LOW/PL
LOW/PL
LOW/PL 032-082-009-5 1999-0109833
032-082-004-6
032-270-802-5
032-082-010-3 2018-0197521
19% 20%
15%
32%
A CIRCLE
C CIRCLE
C CIRCLE
B STREET A
A
BETHEL ISLAND ROAD
NOTES:
1.ROOT BARRIER REQUIRED FOR ALL TREES LES THAN 6 FEET FROM PAVING OR UNDERGROUND UTILITY LINE.
2.PLANTING IS REQUIRED TO SCREEN ABOVE GROUND UTILITIES AND
BACKFLOW PREVENTION DEVICES
3.ALL PLANTING MUST BE DRESSED WITH A 3” LAYER OF MULCH ON
ALL EXPOSED SOIL SURFACES OF PLANTING AREAS EXCEPT TURF
AREA, CREEPING OR ROOTING GROUNDCOVERS, OR DIRECT SEEDING APPLICATIONS WHERE MULCH IS CONTRAINDICATED. (MWELO)
4.JUTE NETTING FOR SLOPES 2.5:1 AND GREATER AS APPLICABLE
5.THERE IS NO EXISTING TREES ON SITE TO BE REMOVED OR REMAIN. 565
GRAND CYPRESS PRESERVE NH 6H OAKLEY, CALIFORNIA
DECEMBER 2023
CONCEPT PLAN
PLANT PALETTE
SHRUBS BIO TREATMENET TREES
Calamagrostis x acutiflora
‘Karl Foerster”
Arbutus x ‘Marina’
Epilobium canum ‘Hurricane Point’ Lavandula x Intermedia ‘Provence’ Ginkgo biloba ‘Princeton Sentry’
Leymus condensatus ‘Canyon Prince’
Eriogonum grande rubescens
Pistacia chinensis
Euonymus fortunei ‘Golden Prince’ Lomandra longifolia ‘Breeze’ Platanus x acerifolia
Muhlenbergia rigens
Festuca mairei
Quercus agrifolia
Myrtus communis ‘Compacta’
Iris douglasiana
Zelkova serrata ‘Village Green’
Nepeta racemosa ‘Walker’s Low’
Juncus patens ‘Elk Blue’
Osteospermum fruticosum
Mature Size: 2.5’-6’ Mature Size: 2.5’-3’ Mature Size: 1’-3’ Mature Size: 2’-4’ Mature Size: 2’-3’ Mature Size: 2’-3’ Mature Size: 2’-3’ Mature Size: 4’-5’ Arbutus Standard
Mature Size: 25’-40’
24” Box
5 Gal
5 Gal 1 Gal 1 Gal 1 Gal 1 Gal 1 Gal 1 Gal
1 Gal 1 Gal
5 Gal 5 Gal 5 Gal 5 Gal 5 Gal 5 Gal 5 Gal
24” Box 24” Box 24” Box 24” Box 24” Box
Mature Size: 25’-40’ Mature Size: 30’-30’ Mature Size: 30’-50’ Mature Size: 30’-50’ Mature Size: 25’-40’ Hummingbird Trumpet Provence Lavendin
Princeton Sentry Ginkgo
Native Blue Rye
Red Buckwheat
Chinese Pistache
Golden Prince Euonymus Breeze Mat Rush
London Plane Tree
Deer Grass
Mature Size: 4’-5’
Mature Size: 2’-4’ Mature Size: 2’-3’
Mature Size: 2’-3’ Mature Size: 1’-1.5’ Mature Size: 1’-3’ Mature Size: 2’-2’ Mature Size: 3’-3’ Mature Size: 2’-2’ PLANTING NOTES:
1.SOILS REPORT TO BE PREPARED BY A QUALIFIED SOIL, AND PLANT
LABORATORY TO INCLUDE SOIL TEXTURE, INFILTRATION RATE, PH,
TOTAL SOLUBLE SALTS, SODIUM, PERCENT OF ORGANIC MATTER AND RECOMMENDATIONS. RECOMMENDATIONS FOR SOIL AMENDMENT
AND FERTILIZERS SHALL BE INDICATED ON PLANTING PLAN (SOIL
TESTS REQUIREMENT MAY BE INCLUDED AS PART OF SPECIFICATION)
2.PLANTING HAS COMPLIED WITH THE CRITERIA OF THE STATE OF
CALIFORNIA MODEL WATER EFFICIENT LANDSCAPE ORDINANCE AND
APPLIED THEM FOR THE EFFICIENT USE OF WATER IN THE LANDSCAPE AND IRRIGATION DESIGN PLAN.
3.LANDSCAPE & IRRIGATION MAINTENANCE SCHEDULE, IRRIGATION
AUDIT, IRRIGATION SURVEY, AND IRRIGATION WATER USE ANALYSIS
SHALL BE SUBMITTED WITH THE CERTIFICATE OF COMPLETION IN
COMPLIANCE WITH THE STATE OF CALIFORNIA MODEL OF WATER
EFFICIENT LANDSCAPE ORDINANCE.
4.IRRIGATION SCHEDULE WILL BE INCLUDED FOR PLANT ESTABLISHMENT, ESTABLISHED LANDSCAPE AND TEMPORARY IRRIGATION AREAS.
(MWELO)
Atlas Fescue
Coast Live Oak
Dwarf Myrtle
Douglas Iris
Sawleaf Zelkova
Catmint
Spreading Rush
African Daisy
Pennisetum orientale Rosa floribunda Salvia microphylla ‘Hot Lips’ Oriental Fountain Grass Rose Hot Lips Sage
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Resolution No. -24 Page 1 of 25 May 14, 2024
RESOLUTION NO. -24
A RESOLUTION OF THE CITY OF OAKLEY CITY COUNCIL MAKE FINDINGS AND APPROVING THE PROJECT KNOWN AS PLANNING AREA 6-H SUBDIVISION 9636 (EAST CYPRESS CORRIDOR SPECIFIC PLAN) TENTATIVE MAP (TM 01-23) APNS 032-082-010 AND 032-082-011
WHEREAS, on January 10, 2023, Owen Poole, on behalf of ACD TI, Oakley, LLC., (“Applicant”) filed an application requesting approval of a Vesting Tentative Map (TM 01- 23), Subdivision 9636, to subdivide 16.5 acres into 89 single family residential lots with a minimum lot size of 2,605 square feet and average lot size of 3,024 square feet (“Project”).
The Tentative Map also includes acreage for the East Cypress Corridor Specific Plan levee, dedication and improvement of Bethel Island Road frontage, and dedication and improvement of “Street X” which provides access to the project from Bethel Island Road and serves as the connecting road to development west of the project site. The project site is located on the west side of Bethel Island Road, approximately 0.8 miles north of East Cypress Road. The project is zoned SP -1 (East Cypress Corridor Specific Plan) District and is identified as Planning Area 6-H within the SP-1 District. APNs 032-082- 010 and 032-082-011; and
WHEREAS, on September 25, 2023, the project application was deemed complete per Government Code section 65920 et. seq; and
WHEREAS, the project site is designated as Specific Plan (SP) in the Oakley General Plan, and zoned SP-1 (East Cypress Corridor Specific Plan) District; and WHEREAS, on March 13, 2006, the City Council adopted City Council Resolution No. 30-06 certifying the Initial Final EIR (SCH # 2004092011), and City Council Resolution No. 31-06 approving Amendments to the Oakley 2020 General Plan, approving the “SP” Land Use Designation for the East Cypress Corridor Expansion Area, adopting the East Cypress Corridor Specific Plan, and making Mitigation Findings and adopting a statement of overriding considerations, as required by the California Environmental Quality Act (“CEQA”); and
WHEREAS, in response to a Peremptory Writ of Mandate issued on August 20, 2007, regarding a challenge to the adequacy of the EIR, the City Council adopted City Council Resolution No. 111-07, rescinding City Council Resolutions 30-06 and 31-06; and WHEREAS, the Initial Final EIR and the Final Supplemental EIR, including all appendices and documents incorporated in them by reference, together comprise the Revised Final EIR for the East Cypress Corridor Specific Plan project (“Revised Final EIR”); and
WHEREAS, the Revised Final EIR identifies potentially significant environmental impacts and related mitigation measures, shall apply to development in the Specific Plan Area; and
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WHEREAS, the Revised Final EIR also identifies potentially significant environmental impacts that will remain significant despite adoption of the mitigation measures that will apply to development in the Specific Plan Area, and for which the City must adopt a statement of overriding considerations pursuant to CEQA; and WHEREAS, the components of the Revised Final EIR are separately bound documents, incorporated herein by reference, and are available for review in the City’s Planning Division. The custodian of the documents and other materials which constitute the record of proceedings for the East Cypress Corridor Specific Plan and the Revised Final EIR is the City of Oakley Community Development Director at 3231 Main Street, Oakley, California 94561; and
WHEREAS, on March 10, 2009 the City Council adopted City Council Resolution 46-09 certifying the East Cypress Corridor Specific Plan Revised Final EIR, making certain findings concerning environmental impacts and mitigation measures, adopting a mitigation monitoring program, making findings concerning alternatives, and adopting a statement of overriding consideration in connection with the East Cypress Corridor Specific Plan; and
WHEREAS, on March 24, 2009, the City Council adopted City Council Ordinance 10-09 with the second reading waived, making findings and adopting the East Cypress Corridor Specific Plan; and
WHEREAS, on April 2, 2024, the Planning Commission held a duly noticed public hearing on the project at which it received a report from City Staff, oral and written testimony from the public, and deliberated on the project. At the conclusion of its deliberations, the Planning Commission held a vote and adopted Planning Commission Resolution No. 5-24 recommending the City Council approve the project, as revised by the Planning Commission during its deliberations; and
WHEREAS, on or before May 3, 2024, the Notice of Public Hearing for the Project was duly noticed in the Contra Costa Times, a newspaper of general distribution, was posted at the Project site, at Oakley City Hall located at 3231 Main Street, outside the gym at Delta Vista Middle School located at 4901 Frank Hengel Way, and outside the library at Freedom High School located at 1050 Neroly Road, was posted to the City’s website, and was mailed out to all owners of property within a 500-foot radius of the project’s boundaries, to parties requesting such notice, and to outside agencies; and WHEREAS, on May 14 2024, the City Council opened the public hearing at which it received a report from City Staff, oral and written testimony from the public, and deliberated on the project. At the conclusion of its deliberations, the City Council took a vote and adopted this resolution approving the project, as conditioned; and WHEREAS, these Findings are based on the City’s General Plan and the City’s Zoning Ordinance, the East Cypress Corridor Specific Plan, the Subdivision Map Act, and the information submitted to the City Council at its May 14, 2024 meeting, both written 568
Resolution No. -24 Page 3 of 25 May 14, 2024
and oral, as reflected in the minutes of such meetings, together with the documents contained in the file for the Project (hereafter the “Record”); and WHEREAS, the City Council hereby makes the following factual findings regarding this application:
A. The real property affected by this vesting tentative map is designated SP (Specific Plan) in the Oakley 2020 General Plan and zoned SP-1 (East Cypress Corridor Specific Plan) District; and
B. The Revised Environmental Impact Report (EIR) for the East Cypress Corridor Specific Plan (Project EIR) was certified by the City Council on March 10, 2009.
The Project EIR, which is made up of the Initial EIR and Supplemental EIR, was prepared to support adoption of the East Cypress Corridor Specific Plan. The Project EIR contains a project level analysis of the development of the real property affected by this vesting tentative map also referred to as Planning Area 6-H of the East Cypress Corridor Specific Plan.
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 to approve the Project, as conditioned:
A. Regarding the application requesting approval of a Vesting Tentative Map 9636 (TM 01-23) to subdivide approximately 16.5 acres into 89 single family residential lots with a minimum lot size of 2,605 square feet and average lot size of 3,024 square feet, the City Council finds that:
1. The proposed Vesting Tentative Map, together with the provisions of its design and improvements, is consistent with the Zoning Code, adopted SP1 District (East Cypress Corridor Specific Plan) given the allowable transfer of density between Planning Areas, and applicable General Plan land use designations, as approved by City Council for the Project, in that it allows for orderly residential development in a residential area that meets the General Plan density allowance and complies with all of the applicable regulations set forth in the Project’s SP-1 District;
2. The proposed Vesting Tentative Map and all identified mitigation measures have been incorporated into Project EIR Mitigation and Monitoring Plan, certified March 10, 2009, and prepared in accordance with the CEQA Guidelines;
3. The site is physically suitable for the project in that it is accessible as a result of the proposed right of way that will connect to Bethel Island Road and will be within the final perimeter levee;
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4. The site is physically suitable for the proposed density and number of dwelling units in that the project’s gross density falls within the gross density range of the project area when considering the transfer of 53 units from Planning Area 1;
5. The site is not physically constrained other than the reduction in net developable acres due to perimeter levee and frontage right of way dedication, and it is also able to accommodate the proposed density resulting in 89 units in that the site could potentially accommodate a development with a density of 20-units per acre per the East Cypress Corridor Specific Plan.
6. The design of the subdivision and type of improvements are not likely to cause serious public health problems in that the proposed subdivision consists of 89 single family residential lots, open space, a 100-year storm event levee with trail and access, public and private streets, common areas and other improvements consistent with the East Cypress Corridor Specific Plan. Construction and grading of the project are subject to building or grading permits, and violations of any such permits are subject to appropriate enforcement;
7. The design of the subdivision includes the construction of improvements within public right-of-way that are consistent with major subdivisions, the City’s design standards and design standards approved in the East Cypress Corridor Specific Pan. The improvements consist of roads, sidewalks, curbs and gutters; and
8. The design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. The Vesting Tentative Map does not conflict with easements acquired by the public for access and utilities.
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 approval of a Tentative Map (TM 01-23), subject to the following Conditions of Approval:
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Resolution No. -24 Page 5 of 25 May 14, 2024
Conditions of Approval
Applicant shall comply with the requirements of the Oakley Municipal Code. Any exceptions must be stipulated in these Conditions of Approval. Conditions of Approval are based on the application received by the Planning Division dated January 10, 2023, as well as additional information acquired since that time and made part of the project file.
THE FOLLOWING PLANNING AND BUILDING CONDITIONS OF APPROVAL SHALL
BE SATISFIED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT UNLESS OTHERWISE NOTED:
PLANNING DIVISION CONDITIONS OF APPROVAL
General:
1. The proposed project is approved as shown on the revised plan included as attachments to the May 14, 2024 City Council Staff Report, and as modified by or with the following conditions of approval.
2. These approvals shall be effectuated within a period of three (3) years from the effective date of the Tentative Map Resolution by recording a final map and if not effectuated shall expire on that same date three years later. Prior to the expiration date, the applicant may apply for a Tentative Map Extension pursuant to the provisions of the Zoning Code and Subdivision Map Act, which would include extension of the related entitlements.
3. All construction drawings submitted for plan check shall be in substantial compliance with the plans presented to and approved by the City Council on May 14, 2024, as conditioned.
4. All conditions of approval shall be satisfied by the owner/developer. All costs associated with compliance with the conditions shall be at the owner/developer’s expense.
5. Noise generating construction activities, including such things as power generators, shall be limited to the hours of 7:30 a.m. to 5:30 p.m. Monday through Friday, and shall be prohibited on City, State and Federal Holidays. The restrictions on allowed working days and times may be modified on prior written approval by the Community Development Director and Public Works Director/City Engineer or their respective designees.
6. Should archaeological materials be uncovered during grading, trenching or other on- site excavation(s), earthwork within 30 yards of these materials shall be stopped until a professional archaeologist who is certified by the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the 571
Resolution No. -24 Page 6 of 25 May 14, 2024
significance of the find and suggest appropriate mitigation(s), if deemed necessary.
7. All mitigation measures addressed in the East Cypress Corridor Specific Plan environmental document shall be complied with and addressed as outlined in the Mitigation Monitoring Program approved for the East Cypress Corridor Specific Plan project, per the review and approval of the Community Development Director.
8. The applicant shall comply with all requirements of the HCP/NCCP Take Authorization Agreement and its First Amendment, per the review and approval of the parties of the agreement.
9. The applicant shall indemnify, defend, and hold harmless the City of Oakley, the City Approving Authorities, and the officers, agents, and employees of the City from any and all claims, damages and liability (including, but not limited to, damages, attorney fees, expenses of litigation, costs of court).
10.The model home complex shall have a copy of the City of Oakley’s General Plan land use map posted within the sales office or included with the informational material provided to prospective home buyers.
Development Standards:
11.All development regulations shall be subject to Section 6 of the East Cypress Corridor Specific Plan, unless otherwise specified in this resolution.
Landscaping:
12.This project will include a Homeowners Association (“HOA”) which will own and maintain the private roads and other common areas. .
13.The final landscape plan shall include all trees as shown on the conceptual landscape plans approved with the project. Modifications to the species, size, or location of the trees is subject to the review and approval of the Community Development Director and City Engineer. It is the responsibility of the applicant to plan utilities, joint trenches, and other improvements that could interfere with placement of trees in a manner to allow the trees to be planted without conflict to those other improvements.
14.All trees located along the Street X frontage and along the entryway (Street A) to the subdivision shall be 36” box size at installation.
15.A landscaping and irrigation plan for all front yard, right-of-way, parks, open space, and trail landscaping shall conform to the Oakley Water Efficient Landscape Ordinance and the Guidelines for Implementation of the City of Oakley Water Efficient Landscape Ordinance and shall be installed prior to final occupancy. The 572
Resolution No. -24 Page 7 of 25 May 14, 2024
plan shall be prepared by a licensed landscape architect and shall be certified in compliance with the City’s Water Conservation Ordinance.
16.California native drought tolerant plants shall be used as much as possible. All trees shall be a mix of fifteen-gallon, 24” box, and 36” box where conditioned; all shrubs shall be a minimum five-gallon size, except as otherwise noted.
17.All landscaped areas not covered by shrubs or groundcover shall be covered with bark or acceptable alternative as reviewed and approved by the Community Development Director. On slopes greater than 3 to 1, the applicant shall use an alternative to bark per the review and approval of the Community Development Director. Areas covered with bark shall use a weed barrier.
18.The applicant shall maintain all private landscaping until occupancy or until the HOA is put in place to maintain such occupancy, depending on the final responsible party.
Fences and Walls:
19.Fences and walls have not been submitted with the Tentative Map application. All fences and walls shall be submitted with a future Design Review application and shall be designed in consistency with the ECCSP.
Subdivision Design:
20.The neighborhood entry along Street A shall be modified to include accent paving outside of the right of way in a manner consistent with the ECCSP.
21.Driveway openings shall be a maximum 18’ in width or up to 25% of a lot’s frontage.
22.The street names shall be approved by the Community Development Department and the Contra Costa County Fire Protection District.
Subdivision Disclosures:
23.Where a lot/parcel is located within 300’ of a high voltage electric transmission line, the applicant shall record the following notice:
“The subject property is located near a high voltage electric transmission line. Purchasers should be aware that there is ongoing research on possible potential adverse health effects caused by the exposure to a magnetic field generated by high voltage lines. Although much more research is needed before the question of whether magnetic fields actually cause adverse health effects can be resolved, the basis for such a hypothesis is established. At this time, no risk assessment has been made.” 573
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When a Final Subdivision Public Report issued by the California Department of Real Estate is required, the applicant shall also request that the Department of Real Estate insert the above note in the report.
24.The following statements shall be recorded at the County Recorder’s Office for each parcel to notify future owners of the parcels that they own property in an agricultural area:
“This document shall serve as notification that you have purchased land in an agricultural area where you may regularly find farm equipment using local roads; farm equipment causing dust or blowing sand; crop dusting and spraying occurring regularly; burning associated with agricultural activities; noise associated with farm equipment such as zon guns and aerial crop dusting and certain animals, including equestrian trails as well as flies may exist on surrounding properties. This statement is again notification that this is part of the agricultural way of life in the open space areas of the City of Oakley and you should be fully aware of this at the time of purchase.
Energy Efficiency:
25.Water heaters shall provide an energy efficiency factor of 0.62 or better.
26.Dual zone air conditioning shall be provided on all two-story residential units.
27.Air conditioning condenser units shall be located to take advantage of natural shade. Condensers should not be placed on the west or south elevation of a home unless shade is provided. The location of the condenser shall be added to all plot plans for review and approval of the Community Development Director.
28.Design and site units so as to take advantage of natural heating and cooling, sun and wind exposure, and solar energy opportunities.
Waste Management Plan:
29.The applicant shall submit a Waste Management Plan that complies with the City of Oakley Construction and Demolition Debris Recycling Ordinance.
BUILDING DIVISION CONDITIONS OF APPROVAL
30.Plans shall meet the currently adopted Uniform Codes as well as the newest T-24 Energy requirements from the State of California Energy Commission. To confirm the most recently adopted codes please contact the Building Division at (925) 625- 7005.
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Resolution No. -24 Page 9 of 25 May 14, 2024
31.An Automatic Life Safety Sprinkler System shall be required in all new construction pursuant to Ordinance 22-06. After July 1, 2011, the Automatic Life Safety Sprinkler Systems in one and two family dwellings, and townhouses not more than three stories above grade plane, shall be designed and installed to the standards and requirements found in the 2010 California Residential Code section R313.
32.Prior to requesting a Certificate of Occupancy from the Building Division, all Conditions of Approval required for occupancy must be completed. When the Public Works Division and the Planning Division place Conditions of Approval on the project, those divisions will sign off on the project prior to the request for a Building division final inspection. Similarly, if Contra Costa Environmental Health and/or Contra Costa County Fire Protection District reviewed and approved the original plans, those departments must sign off on the project prior to the request for a final inspection by the Building Division.
PUBLIC WORKS AND ENGINEERING CONDITIONS OF APPROVAL
THE FOLLOWING SHALL BE SATISFIED PRIOR TO THE APPROVAL OF AN ENCROACHMENT AND/OR GRADING PERMIT:
33.GENERAL. All public improvements shall be made according to the design standards as set forth in the East Cypress Corridor Specific Plan and where no such standards are identified all public improvements shall be made according to the latest adopted City Standard Drawings and Specifications. All work shall conform to the applicable City ordinances. The adjacent public right-of-way shall be kept clear of all job-related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the City performing the required maintenance at the developer's expense. All conditions of approval shall be satisfied by the owner(s)/developer(s). All costs associated with compliance with the conditions shall be at the owner(s)/developer(s)’s expense. All applicable Mitigation Measures contained in the Revised Final EIR shall be complied with and responded to.
34.ENCROACHMENT PERMIT. All work in the public right-of-way, including any blockage or partial closure of sidewalks will require an Encroachment Permit.
Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required.
35.GRADING PERMIT. All earthwork must comply with the City’s Grading Ordinance.
A Grading Permit must be issued by the public works department prior to site disturbance.
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Resolution No. -24 Page 10 of 25 May 14, 2024
36.PUBLIC WORKS INSPECTIONS. The developer or their representative shall notify the Engineering Inspector at least forty-eight (48) hours before starting any work pertaining to on-site drainage facilities, grading or paving, and all improvements in approved plans. Failure to do so will result in rejection of work that was completed without inspection.
37.PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of any site work, the general contractor shall:
a) Along with the project applicant, attend a pre-construction meeting with the City Engineer to discuss the project conditions of approval, working hours, site maintenance and other construction matters.
b) Acknowledge in writing that they have read and understand the project conditions of approval and will make certain that all project sub-contractors have read and understand them prior to commencing work and that a copy of the project conditions of approval will be posted on site at all times during construction.
38.CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the City Engineer.
39.EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Public Works Department. A Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the State SMARTS system for projects disturbing more than one acre and obtain a WDID number. A maximum of two weeks is allowed between clearing of an area and stabilizing/building on an area if grading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before installation of the final landscaping shall be included. Interim erosion control method shall include, but are not limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, City standard seeding specification, filter berms, check dams, retention basins, etc. Provide erosion control measures as needed to protect downstream water quality during winter months. The grading, drainage, erosion control plans and SWPPP shall comply with applicable measures contained in the City of Oakley’s NPDES Permit.
40.DUST CONTROL. Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the City, or a minimum of three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites to 576
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ensure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the City Engineer, or at least once a day.
Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept daily during the workweek to the satisfaction of the City. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered.
41.FIRE CONTROL. The project developer shall keep the site free of fire hazards from the start of construction until final inspection. The plan must adhere to the satisfaction of the Contra Costa County Fire Protection District.
42.SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of contractor and landowner to make sure that all dirt tracked into the public right-of-way is cleaned up daily. Mud, silt, concrete, and other construction debris SHALL NOT be washed into the City’s storm drains. Construction entrances must be in place per the Erosion Control Plan.
43.TRAFFIC CONTROL PLAN. The project sponsor will be required to work with the Public Works Department to develop a traffic control plan per the current California MUTCD. This plan will include, but not be limited to, the following measures:
a) Construction activities shall be strategically timed and coordinated to minimize traffic disruption for schools, residents, businesses, and special events. The schools located on the haul route shall be contacted to help with the coordination of the trucking operation to minimize traffic disruption. b) Flag persons shall be placed at locations necessary to control one-way traffic flow, if required. All flag persons shall have the capability of communicating with each other to coordinate the operation.
c) Prior to construction, advance notification of all affected residents and emergency services shall be made regarding one-way operation, specifying dates and hours of operation and lane closures on main arterial and collector streets, and will be permitted only between the hours of 8:30AM to 2:30PM on M, T, TH & F. 8:30AM to 12:00PM on W.
d) The traffic control plan shall be reviewed for compliance to the project’s Haul Route, approved by the City of Oakley.
e) A full road closure will require a detour plan and a road closure permit issued by the Public Works Department.
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44.CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic Control Plan, Project Schedule, site security fencing, employee parking, construction staging area, construction trailer, and proposed outhouse locations. The public street shall not be used for any construction related activities, including parking for workers and storage of vehicles.
45.RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Public Works & Engineering Inspector and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions.
46.SIDEWALK REPAIR. The developer shall repair and replace to existing City standards any sidewalk damaged now or during construction of this project.
Sidewalk repair shall match existing color, texture, and design, and shall be constructed per City Standard Details. The limits of sidewalk repair will be determined by the Public Works Inspector during the construction phase of the project.
47.CURB AND GUTTER. The developer shall repair and replace to existing City standards any curb and gutter damaged now or during construction of this project.
New curb and gutter shall be constructed per City Standard Details. The limits of curb and gutter repair will be determined by the Public Works Inspector during the construction phase of the project.
48.CONSTRUCTION NOISE. Between the hours of 7:30 a.m. to 5:30 p.m., weekdays and 9:00 a.m. to 5:30 p.m. weekends and holidays, construction, alteration, or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five (85) dBA at twenty-five (25) feet. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty-five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA. Pickup and delivery of materials and equipment is restricted to the hours listed above unless prior written approval is obtained by the Public Works Department.
49.GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be diligently performed by a person or persons authorized to do so at all times during working hours. The storing of goods and/or materials on the sidewalk and/or the 578
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street will not be allowed unless a special permit is issued by the Engineering Division. The adjacent public right-of-way shall be kept clear of all job-related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the City performing the required maintenance at the developer's expense.
50.SITE SUPERVISION. The General Contractor shall provide qualified supervision on the job site at all times during construction.
51.TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to issuance of a grading permit.
52.EASEMENTS. Owner/Applicant/Developer shall provide copy of recorded Grant of Easements and/or land acquisitions and duly executed rights of entry for all permanent and temporary construction of improvements required for the project and shall fully comply with their requirements.
THE FOLLOWING SHALL BE SATISFIED PRIOR TO THE APPROVAL OF THE GRADING PLAN:
53.EXISTING WELLS. All abandoned or inactive wells on the subject site shall be destroyed in accordance with the required abandonment wells standards by the agencies responsible for the wells. Provide documentation that any gas wells located onsite have been abandoned per regulations.
54.GEOLOGY AND SOIL MITIGATION MEASURES. A geotechnical investigation shall be conducted for the project to determine the surface and sub-surface conditions at the site and to determine the potential for surface fault rupture on the site. The geotechnical study shall provide recommendations for site grading as well as the design of foundations, retaining walls, concrete slab-on-grade construction, excavation, drainage, on-site utility trenching and pavement sections.
The soils report shall include specific criteria and standards governing site grading, drainage, pavement design, retaining wall design, and erosion control. All recommendations of the investigation shall be incorporated into project plans. One copy of the geologic report shall be submitted with the grading permit and public improvement application. Prior to issuance of any permit, the applicant’s soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with their recommendations. The applicant’s soils engineer’s approval shall then be conveyed to the City either by letter or by signing the plans. 579
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55.GRADING.
a) Grade any slopes with a vertical height of four (4) feet or more at a slope of 3H to 1V. Retaining walls that may be installed to reduce the slope must be masonry and comply with the City’s building code.
b) Retaining wall or other suitable option acceptable by the City Engineer is required where the grade differential between property or adjacent lots are greater than 6”. Retaining walls are required to be identified on the grading plans and shall have a note stating a separate building permit is required for retaining wall greater than four (4) feet in height, measured from the bottom of footing to top of wall.
c) At least one week prior to commencement of grading, the applicant shall post at the site and mail to the owners of property within 300 feet to the exterior boundary of the project site notice that construction work will commence. The notice shall include a list of contact persons with the name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall always be kept current and shall consist of persons with authority to indicate and implement corrective action in their area of responsibility. The names of the individual responsible for noise and litter control shall be expressly identified in the notice. The notice shall be reissued with each phase of major grading activity. A copy of the notice shall be concurrently transmitted to the City Engineer. The notice shall be accompanied by a list of the names and addresses of the property owners noticed, and a map identifying the area noticed.
d) Submit a Haul Route Plan to the City Engineer for review and approval prior to importing or exporting any material from the site. The plan shall include the location of the borrow or fill area, the proposed haul routes, the estimated number and frequency of trips, and the proposed schedule of hauling. Based on this plan, the City Engineering shall determine whether pavement condition surveys must be conducted along the proposed haul routes to determine what impacts the trucking activities may have. The project proponents shall be responsible to repair to their pre-construction condition any roads along the utilized routes.
e) Prior to commencement of any site work that will be result in a land disturbance of one acre or more, the applicant shall provide evidence to the City Engineer that the requirements for obtaining a State General Construction Permit have been met. Such evidence may be a copy of the Notice of Intent Letter sent by the State Water Resources Control Board. The WDID Number shall be shown on the grading plan prior to approval by the City Engineer. f) The burying of any construction debris is prohibited on construction sites 580
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56.NPDES – NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.
Comply with all rules, regulations and procedures of the NPDES for municipal, construction and industrial activities as promulgated by the California State Water Resources Control Board, the Regional Water Quality Control Board (Central Valley – Region IV), including the Stormwater C.3 requirements as detailed in the Guidebook available at www.cccleanwater.org
Compliance shall include developing long-term best management practices (BMP’s) for the reduction or elimination of storm water pollutants. The project design shall incorporate wherever feasible, the following long-term BMP’s in accordance with the Contra Costa Clean Water Program for the site’s storm water drainage. Offer pavers for household driveways and/or walkways as an option to buyers.
Minimize the amount of directly connected impervious surface area. Delineate all storm drains with “No Dumping, Drains to the Delta” permanent metal markers per City Standards.
Construct concrete driveway weakened plane joints at angles to assist in directing run-off to landscaped/pervious areas prior to entering the street curb and gutter.
Distribute public information items regarding the Clean Water Program to buyers.
Other alternatives as approved by the City Engineer.
Prepare an Operations and Maintenance Manual for the project’s storm water control measures.
THE FOLLOWING SHALL BE SATISFIED PRIOR TO THE APPROVAL OF THE IMPROVEMENT PLAN:
57.DEVELOPMENT STANDARDS. All development regulations shall be subject to Section 6 of the East Cypress Corridor Specific Plan, unless otherwise specified in this Conditions of Approval, including but limited to the Trail Master Plan Exhibit, Emergency Evacuation Plan.
58.LEVEES. The levee system design and construction shall be coordinated between two or more subdivision projects within the East Cypress Corridor Specific Plan (ECCSP) area as needed to provide adequate flood protection and to the satisfaction of the City Engineer. Development of this site cannot proceed until a final levee plan consistent with the ECCSP is approved by the City.
59.FAIR SHARE OBLIGATIONS. Developer is responsible to paying the fair share contribution as required by the ECCSP for the following projects:
a) East Cypress Road widening project between Knightsen Avenue to Bethel Island Road.
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b) Bethel Island Road widening between East Cypress Road to Sandmound Boulevard.
c) Mitigation Measures outside of the ECCSP area.
d) Levee Improvements.
e) Master Storm Drain Improvements.
Any units approved as part of this Tentative Map that were assumed in the “Superseding Agreement Regarding Reimbursement for and Implementation of Construction of Improvements Related to the Grand Cypress Preserve Project” (“Superseding Agreement”) entered into on October 24, 2023 by and between the City of Oakley and ACD-TI Oakley, LLC shall be considered as satisfying this condition.
Prior to City Council consideration of the project, the Developer and City shall coordinate and agree on which units approved as part of this map are covered by the Superseding Agreement and which units are subject to this Condition of Approval.
60.PUBLIC IMPROVEMENTS. Construct the project streets within public right of way to City public road standards and as shown on the Tentative Map with the following exceptions:
a) The minimum street grade may be lowered from the standard 1% to 0.75% provided that the project proponent demonstrates that the City’s drainage standards can be achieved.
b) Submit a turning radius exhibit to the City Engineer for review and approval to illustrate that the ninety-degree turns of project entrance can accommodate the largest expected vehicle to use the streets without the inclusion of City standard elbows. If the exhibit illustrates that elbows are necessary to accommodate the expected traffic, then they shall be included in the improvement plans. Provide a minimum outside turning radius of 45 feet and a minimum inside turning radius of 28 feet within each cul-de-sac or knuckle. Show truck turning radius for garbage truck for garbage pickup. Please provide narrative on how this process will be handled for private roadways and alleys. If the applicant can receive Contra Costa County Fire Protection District approval, they may use the 42 foot outside turning radius as allowed in the ECCSP.
61.PRIVATE IMPROVEMENTS. Private onsite improvement plans shall be prepared by a California registered civil engineer, reviewed, and approved by the City.
62.ROADWAY IMPROVEMENTS. The following improvements shall be installed by the developer as shown on the Tentative Map. Plans for those improvements shall 582
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be prepared by a California registered civil engineer, reviewed, and approved by the City, to the satisfaction of the City Engineer.
a) Design and construct the roadway frontage improvements along Bethel Island Road to conform to the ECCSP guidelines and precise alignment adopted by the city. The developer may request to enter into a Deferred Improvement Agreement with the City for the improvements of Bethel Island Road if the ultimate alignment of the roadway is not yet constructed at time of development of this subdivision.
b) Design and construct Street X as shown in the Tentative Map per the ECCSP.
Provide a horizontal and vertical profile showing that the alignment of this roadway is consistent with the proposed roadway alignment for the adjacent subdivision (Subdivision 9311).
c) Install traffic calming measures consistent with the City’s Neighborhood Traffic Management Program and Section 5.1.3 of the ECCSP. The traffic calming measures shall be included in the improvement plans and are subject to the review and approval of the City Engineer.
d) Submit a phasing plan for roadway and infrastructure improvements along with schedule for completion to the City Engineer for approval. The plan shall include provisions for emergency vehicle access, evacuation routes, solid waste truck access, temporary turn-around facilities, and safe access to occupied lots.
e) Provide a Signal Warrant for the main entrance to the development from Street X.
f) If a signal is not installed at the intersection of Bethel Island Road and Street X at the time of development of this subdivision, provide a Signal Warrant. If determined that the signal is required at the time of development of this subdivision, the developer shall be responsible for the design and construction of the traffic signal.
g) Install traffic control devices such as stop signs and other signing and striping on the project streets to the satisfaction of the City Engineer. h) Design and Construct emergency vehicle access from Bethel Island Road to B Street as shown on the approved Tentative Map. The design and configuration of the accesses shall be per the current City standard and shall be subject to the review and approval of the City Engineer and the Contra Costa County Fire Protection District.
i) Design all public and private pedestrian facilities in accordance with Title 24 (Handicap Access) and the Americans with Disabilities Act. 583
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63.DRAINAGE IMPROVEMENTS.
a) Submit a Master Drainage Plan to provide for onsite and offsite storm water drainage for the project, designed by a California registered civil engineer and approved by the City Engineer. The plan must be consistent with ECCSP and drainage improvements proposed for the surrounding subdivisions.
Development of this project cannot proceed without the city’s approval of the master drainage plan improvements for this area. The cost to construct the master drainage improvements should be coordinated among the benefiting properties prior to approval of the master drainage plan. b) Collect and convey all stormwater entering and /or originating on this property, without diversion and within an adequate storm drainage facility, to an adequate natural watercourse having definable bed and banks, or to an existing adequate public storm drainage facility that conveys the storm waters to an adequate natural watercourse.
c) Submit a final hydrology and hydraulic report including 10-year and 100-year frequency event calculations for the proposed drainage system and stormwater basins to the City Engineer for review and approval. The report shall include an analysis of the downstream storm drain facilities to confirm adequate capacity exists to convey post construction flows. The report must include a narrative that describes the project’s proposed overland release for storm water runoff. In the event of a failure of the project’s storm drain system, the overland release path shall convey storm water runoff to a public street right-of-way or drainage channel. All structure finished floor elevations shall be designed to be a minimum of 12 inches above the 100-year storm elevation or at the overland release elevation.
d) Design and construct all storm drainage facilities in compliance with the Municipal Code and City design standards.
e) Prevent storm drainage from draining across the sidewalk(s) and driveway(s) in a concentrated manner.
f) Dedicate a public drainage easement over the drainage system that conveys storm water run-off from public streets.
g) On-site parking area and driveways shall not surface drain across public sidewalk or driveway aprons.
64.SIGHT DISTANCE EXHIBIT. For the project driveways’ ingress and egress, provide an exhibit that will analyze the sight distance required for the appropriate speed limit identified with this project as required by the City Engineer. 584
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65.DESIGN CHANGES. The Applicant's registered Engineer shall notify the City Engineer, in writing, at least 72 hours in advance of all differences between the proposed work and the design indicated on the plans. Any proposed changes shall be subject to the approval of the City before altered work is started. A plan revision must be submitted for approval by the City Engineer.
66.JOINT TRENCH PLANS. The applicant shall submit Joint Trench Composite Plans to the City for review prior to approval of improvement plans or recordation of the final map. The developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the improvement Plan submittals for the project. The composite drawings and/or utility improvement plans shall be signed by a licensed civil engineer. The joint trench plans shall include street and/or site lighting and associated photometrics. A letter shall be provided by PG&E stating that public streetlight billing will be per Rule LS2A, and that private lights shall be metered with billing to the owner. Pole numbers, assigned by PG&E, shall be clearly delineated on the plans.
67.UTILITIES & UNDERGROUNDING.
a) Underground all new and existing utility distribution facilities per City of Oakley code section Title 6 Chapter 8 Underground Utility Districts. b) All utility boxes shall be installed underground, and all wires and cables must be installed in conduits. Compliance with this condition shall be at the discretion of the City Engineer.
c) Above ground utility boxes shall be camouflaged per the review and approval of the City Engineer.
d) A written approval from Diablo Water District and Iron House Sanitary District must be provided that all underground utility improvements have passed all testing requirements prior to commencement of paving a street.
68.STREETLIGHTS. Install streetlights along all public streets as required by the City Engineer. The City Engineer shall determine the final number and location of the lights, and the lights shall be on an LS2-A rate service. Streetlights shall be spun aluminum “cobra head” style as required by the City of Oakley Standard Plans.
69.LANDSCAPE IMPROVEMENTS.
a) Prepare landscape plans for landscape improvements within the public right of way. Landscape plans shall be prepared by a licensed landscape architect. 585
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b) Install public right-of-way landscaping along the project’s frontages as required by the City Engineer and Community Development Director. c) Maintain all landscaping within the public right-of-way until such time that the adjacent roadway improvements have been accepted for maintenance. d) Prior to the issuance of certificate of occupancy, an inspection will be performed to verify the health and location of the street trees. Trees in poor health or those without adequate clearance from utilities will require replacement or relocation.
e) Landscaping at street corners must adhere to sigh distance requirements.
70.FENCING. Any proposed fencing and walls shall be located on private property and maintained by the property owner(s) and/or HOA. The design and placement of walls, fences, and sign features near intersections and driveways shall allow stopping site distance per Caltrans standards and comply with the City’s corner sight distance requirements.
71.GATE: Any proposed private gates are to be set be minimum 20’ from all public and private streets, roads, alleys.
72.SOUNDWALL. Soundwalls shall be installed within private property and not within public right of way.
73.MAINTENANCE EXHIBIT. Submit a maintenance exhibit showing the responsible maintenance entity of proposed subdivision improvements. Exhibit must clearly show which areas are to be maintained by the City of Oakley and areas to be maintained by the property owner(s) and/or HOA.
a) Parcel A and B are to be retained and maintained by the Owner/Developer/HOA.
b) Parcel C to be maintained by RD 799.
THE FOLLOWING PUBLIC WORKS AND ENGINEERING CONDITIONS OF APPROVAL SHALL BE SATISFIED PRIOR TO THE APPROVAL OF THE FINAL MAP:
74.BONDS. The applicant shall supply suitable securities for all improvements that are a part of the development in a form acceptable to the City in the amount of 100% (performance), 50% (labor and material) prior to issuance of any permit.
75.FINAL MAP. Submit a Final Map prepared by a Licensed Land Surveyor. The final map shall be recorded, and the Subdivision Agreement must be executed before any building permits are issued. Insurance shall be provided per the terms of the Subdivision Agreement.
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76.DEDICATIONS. The following shall be dedicated on the final map. The dedication shall be recorded before any permits are issued and under specific timelines listed below:
a) Right-of-Way shall be dedicated for Bethel Island Road for the ultimate condition per the Bethel Island Road Precise Alignment and shown on the typical section of the Vesting Tentative Map.
b) Right-of-Way shall be dedicated and improvements shall be constructed for Street “X” as shown on the Vesting Tentative Map.
c) Dedicate the required right-of-way along the project frontage as shown in the typical sections of the Tentative Map.
d) Dedicate the required right-of-way as defined in the ECCSP, Development Agreement, or any other agreements with other agencies. e) Public Utility Easement (PUE): 5’ PUE beyond public right of way as required. f) Ingress-egress, storm drainage easements, emergency access easements as required.
g) Any necessary rights of way, rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, public and private road, utility and drainage improvements shall be furnished to the City. Prior to the issuance of the first building permit, the applicant must provide the necessary documentation that any existing easements no longer necessary have been quitclaimed.
77.PRIVATE EASEMENTS. Agreements detailing rights, limitations, and responsibilities of involved parties shall accompany each private easement. The easements and associated agreements shall be recorded simultaneously with the final map.
78.UTILITY SETBACKS. Building foundations shall be set back from utility lines a sufficient distance to allow excavation of the utility without undermining the house foundation. The City Engineer shall determine the appropriate setback based on the depth of the utility, input from the project soils engineer, and the type of foundation.
79.UTILITY EASEMENTS. Deed restrictions shall be placed on lots containing utility easements, as applicable. The deed restrictions shall specify that no trees, fences, or hardscape are allowed within the easement boundaries, and that maintenance access must be provided. The City will assist and provide guidance for the deed language and the Applicant's surveyor shall prepare the legal description and plat.
The Applicant shall pay any recordation costs.
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80.HOMEOWNER’S ASSOCIATION: Prior to the sale of any lot or acceptance of site improvements, whichever occur first, Conditions, Covenants and Restrictions (CC&R’s), creating a Homeowners Association (HOA) for the project shall be reviewed and approved by the City of Oakley and recorded. The HOA shall own and maintain the private roadways, alleys and common landscape, private infrastructures and on-site storm drain systems within the development.
81.ANNEXATIONS
a) The applicant shall establish a funding mechanism to cover the ongoing financial impact their project has on fire protection services provided in the City.
All costs associated with meeting this condition of approval shall be paid for by the applicant. Compliance with this requirement shall be to the satisfaction of the City Engineer and shall be completed prior to final map approval. b) The applicant shall establish a funding mechanism to cover the ongoing financial impact their project has on police services provided in the City. All costs associated with meeting this condition of approval shall be paid for by the applicant. Compliance with this requirement shall be to the satisfaction of the City Engineer and shall be completed prior to final map approval. c) The applicant shall establish a funding mechanism to cover the ongoing financial impact their project has on maintenance and operation services associated with public landscaping, parks, streetlighting, levee, and stormwater facilities. All costs associated with meeting this condition of approval shall be paid for by the applicant. Compliance with this requirement shall be to the satisfaction of the City Engineer and shall be completed prior to final map approval.
THE FOLLOWING SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF THE BUILDING PERMIT(S):
82.PAD CERTIFICATION. A letter from a licensed land surveyor stating that the building pad was constructed in accordance with the approved plans shall be provided prior to the issuance of the building permit.
83.SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all excavations and grading shall be inspected by the applicant’s soils engineer prior to placement of concrete and/or backfill so they can verify that the actual conditions are as anticipated in the design-level geotechnical report and recommend appropriate changes in the recommendations contained in the report, if necessary.
The results of the construction observation and testing should be documented in an “as-built” letter/report prepared by the applicants’ soils engineer and submitted to the City before any building permit is granted.
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84.AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES
INSPECTION AND MAINTENANCE OBLIGATIONS. The property owner/HOA shall enter into an agreement with the City for maintenance of the stormwater filtration devices required to be installed on this project. The agreement will specify that certain routine maintenance shall be performed by the property owner/HOA and will specify device maintenance reporting requirements. The agreement will also specify routine inspection requirements, permits and payment of fees. The agreement shall be recorded prior to release of any occupancy permits.
85.AS-BUILT PLANS. After completion of the construction of all work, the original plans shall have all changes (change orders and field changes) clearly marked.
The "as-built" plans shall again be signed and "wet-stamped" by the civil engineer who prepared the plans, attesting to the changes. The original "as-built" plans shall be review and approved the Engineering Inspector. A Mylar and AutoCAD disk of the approved "as-built" plans shall be provided to the City before acceptance of improvements.
86.IMPACT FEES. Comply with the requirements of the development impact fees listed below, in addition to those noticed by the City Council in Resolution 85-00 and 08-03. The applicant shall pay the fees in the amounts in effect at the time each building permit is issued.
a) Traffic Impact Fee (authorized by Ordinance No. 14-00, adopted by Resolution 49-03, update Resolution No 91-21);
b) Regional Transportation Development Impact Mitigation Fee or any future alternative regional fee adopted by the City (authorized by Ordinance No. 14- 00, adopted by Resolution No. 73-05);
c) Park Land Dedication In-Lieu Fee (adopted by Ordinance No. 03-03, updated Resolution No. 48-17);
d) Park Impact Fee (authorized by Ordinance No. 05-00, adopted by Resolution No. 19-03, updated Resolution No. 48-17);
e) Public Facilities Fee (authorized by Ordinance No. 05-00, adopted by Resolution No. 18-03);
f) Fire Facilities Impact Fee (adopted by Resolution No. 24-21); The applicant should contact the City Engineer prior to constructing any public improvements to determine if any of the required improvements are eligible for credits or reimbursements against the applicable traffic benefit fees or from future developments. 589
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ADVISORY NOTES
The following Advisory Notes are provided to the applicant as a courtesy but are not a part of the conditions of approval. Advisory Notes are provided for the purpose of informing the applicant of additional ordinance requirements that must be met in order to proceed with development.
A. The applicant/owner should be aware of the expiration dates and renewing requirements prior to requesting building or grading permits.
B. The project will require a grading permit pursuant to the Oakley Municipal Code.
C. The applicant shall comply with the requirements of Ironhouse Sanitary District.
D. The applicant shall comply with the requirements of the Diablo Water District.
E. The applicant shall comply with the requirements of the Contra Costa Water District.
F. The applicant shall comply with the requirements of the Contra Costa County Fire Protection District.
G. The applicant shall comply with the requirements of Contra Costa Environmental Health if subject to applicable permits.
H. The applicant shall comply with the requirements of the Building Inspection Division. Building permits are required prior to the construction of most structures.
I. This project may be subject to the requirements of the Department of Fish and Wildlife. It is the applicant’s responsibility to notify the Department of Fish and Wildlife, P.O. Box 47, Yountville, California 94599, of any proposed construction within this development that may affect any fish and wildlife resources, per the Fish and Game Code.
J. The applicant shall be responsible for paying applicable CEQA filing fees for the County Clerk for the Notice of Determination as well as the State Department of Fish and Wildlife’s Filing Fee.
K. This project may be subject to the requirements of the Army Corps of Engineers.
It is the applicant's responsibility to notify the appropriate district of the Corps of Engineers to determine if a permit is required, and if it can be obtained.
L. The applicant shall obtain an encroachment permit for construction within existing City rights of way.
M. The applicant shall obtain an encroachment permit from Caltrans for construction within the State right of way.
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PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 14th day of May 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
Anissa Williams, Mayor Date
ATTEST:
Libby Vreonis, City Clerk Date
591
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: May 14, 2024
TO: Joshua McMurray, City Manager
FROM: Jeri Tejeda, Administrative Services Director
SUBJECT: Adopt a Resolution Approving the re-allocation or un-funding of certain capital improvement projects for fiscal year 2023-2024.
Background and Analysis
During our mid-year budget review on February 13, 2024, it was noted that impact fee revenue, as well as some other capital project revenue, was coming in lower than originally anticipated in the budget. Staff expected, at that time, the need to come back prior to year end and re-allocate and/or un-fund certain capital improvement projects in order to keep the funds balanced.
Provided below is a summary of the changes that staff is requesting to be made to the capital improvement program effective 05/14/2024:
1. Fund 204 Park Impact Fee
a. CIP 176 Oakley Regional Community Park – Re-allocate $2,876,974 as follows:
i. CIP 281 Enrico Cinquini Park Construction - $1,000,000 ii. Un-fund $1,876,974
2. Fund 202 Traffic Impact Fee
a. CIP 268 Main Street/Delta Road Intersection – Un-fund $200,000 b. CIP 269 Main Street/Brownstone Road Intersection- Un-fund $200,000 c. CIP 270 Hall Street Expansion – Un-fund $70,000
d. CIP 302 East Cypress Road Widening (Jersey Island Road to Bethel Island Road) -Un-fund $378,503
e. CIP 310 East Cypress Road Widening at CCWD Canal Crossing – ReAllocate $800,000 as follows:
i. Fund 201 General Capital Projects - $400,000
ii. Fund 140 Gas Tax - $200,000
iii. Fund 235 Street Maintenance & Rehabilitation - $200,000
3. Fund 141 Road Maintenance & Rehabilitation
a. CIP 274 Neroly Road Repair & Resurfacing – Un-fund $200,000
4. Fund 145 Storm Water
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 a. CIP 189 Piper Lane Drainage Channel Trash Capture Device- Un-Fund $248,303
b. CIP 186 West Cypress Road Bridge Reconstruction – Un-fund $1,854 c. CIP 252 Downtown Storm Drain Area 29 Improvement – Un-fund $11,530
5. Fund 235 Street Maintenance & Rehabilitation
a. CIP 274 Neroly Road Repair & Resurfacing – Un-fund $100,000 The recommended changes ensure each fund will end fiscal year 2023-2024 with a positive fund balance and not need to rely on general fund to cover any overages.
Staff will make recommendations in the upcoming budget cycle for fiscal year 2024- 2025 for additional funding for storm water as well as some of the capital improvement projects that had to be un-funded.
Consistency with the Oakley Strategic Plan 27+
This agenda item is consistent with the Strategic Plan 27+ goal for the City of Oakley to leverage its financial resources for the long-term benefit of our residents and businesses while maintaining sufficient reserves to provide stability and ensure a successful future. It is also consistent with the Finance and Fiscal Responsibility Objective to develop and maintain a financial strategy and reporting policy.
Fiscal Impact
The fiscal impact is listed above in items 1-5 and will ensure the listed funds end the fiscal year with a positive fund balance and not need to rely on the general fund to cover any overages.
Staff Recommendation
Adopt a Resolution to re-allocate or un-fund certain capital improvement projects for fiscal year 2023-2024 as listed in the attached capital improvement schedule.
Attachments
1. Resolution
2. Capital Improvement Schedule
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Resolution No. XX-24