Agenda packet — Oakley City Council, May 14, 2024 (part 4 of 4)

RESOLUTION NO. X-24

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

THE RE-ALLOCATION OR UN-FUNDING OF CERTAIN CAPITAL IMPROVEMENT PROJECTS FOR FISCAL YEAR 2023-2024
WHEREAS, the City allocates funding to capital improvement projects each fiscal year during the budget process; and
WHEREAS, during the mid-year review staff identified certain funds in which revenues were not meeting projections; and
WHEREAS, in order to keep funds positive without the need for general fund to fund the projects staff is recommending to re-allocate or un-fund certain projects; BE IT RESOLVED by the City Council of the City of Oakley hereby approves and adopts the Staff recommendations to re-allocate or un-fund certain projects as follows:

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
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 $100,000 594
Resolution No. XX-24

Page 2 of 2 ends

PASSED, APPROVED AND ADOPTED this ___ day of __________ 2024 by the following vote.

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
___________________
Anissa Williams, Mayor
ATTEST:
____________________ ________
Libby Vreonis, City Clerk Date
595
Parks
Landscaping
Assessment
Zone 1
Gas Tax
HUTA
Gas Tax
RMRA
Stormwater
Fund
Measure J Marsh Creek
Glen (Zone
3-20)
Cypress
Grove
(Zone 3-22)
Magnolia Park
(Zone 3-25)
General
Capital
Projects
Traffic Impact
Fee
Park Impact
Fee
Public
Facilities
Impact Fee
2012 Bond
Benefit
2014 Bond Main Street
Fund
Street
Maintenance &
Rehab
Emerson
Ranch Storm
Water (CFD
2015-1)
Debt Service Facilities
Fund
132 140 141 145 148 189 191 194 201 202 204 206 221 222 231 235 407 351 502 FY 22/23 Fund Balance 1,286,931 1,018,666 1,150,801 (115,261) 2,143,874 403,044 644,468 2,085,323 6,341,976 11,620,182 6,023,564 2,896,232 729,506 1,304,412 475,658 5,430,397 872,665 40,542 878,189 FY 23/24 Revenues-Estimate 2,311,290 1,162,968 1,017,551 781,310 1,009,555 109,035 321,462 928,357 2,159,376 1,670,000 200,000 350,000 0 0 0 0 281,206 676,779 0 FY 23/24 Transfers from General Fund Capital Reserves-Estimate FY 23/24 Expenditures (includes PY Carryover) (2,251,280) (1,730,629) (2,125,618) (892,279) (2,959,315) (109,038) (440,011) (934,987) (7,961,872) (14,619,379) (7,756,412) (1,138,220) 0 0 (101,466) (5,217,608) (401,206) (711,779) (421,348) Estimated FY 23/24 Fund Balance 1,346,941 451,006 42,734 (226,230) 194,114 403,041 525,919 2,078,693 539,480 (1,329,197) (1,532,849) 2,108,012 729,506 1,304,412 374,192 212,789 752,665 5,542 456,841 Project # Project Description Total Remaining CIP CIP Remaining from PY FY 2023/24 Changes 176 Oakley Regional Community Park Project (0) 2,876,974 (2,876,974) (2,876,974) 186 West Cypress Road Bridge Reconstruction at CC Canal Project 150,000 151,854 (1,854) (1,854) 189 Piper Lane Drainage Channel Trash Capture Device Project 139,078 387,381 (248,303) (248,303) 211 Main Street/Rose Avenue Intersection Improvement Project 0 0 0 231 Sellers Avenue (Riverrock Drive to CCWD Canal Crossing) Widening and Improvement Project 0 0 0 247 East Cypress Road Widening (Knightson Avenue to Jersey Island Road) Project 9,239,277 9,239,277 0 252 Downtown Storm Drain (Area 29) Improvement Project 0 11,530 (11,530) (11,530) 263 O'Hara Avenue/Carpenter Road Intersection Improvement Project 344,040 344,040 0 265 Irrigation Well Installation @ City's Freedom Basin Project 297,804 297,804 0 268 Main Street/Delta Road Intersection Improvement Project 0 200,000 (200,000) (200,000) 269 Main Street/Brownstone Road Intersection Improvement Project 0 200,000 (200,000) (200,000) 270 Hall St. Expansion Project 0 75,000 (75,000) (75,000) 273 Laurel Road Extension (TetonRd. To Sellers Av) 360,000 360,000 0 274 Neroly Rd. Repair & Resurfacing (Empire to O'Hara Av) 0 300,000 (300,000) (200,000) (100,000) 280 Laurel Road Widening (Cloverbrook Av to O'Hara Av) 82,367 82,367 0 281 Enrico Cinquini Park Construction 5,025,510 4,025,510 1,000,000 1,000,000 283 Laurel Road Bridge Widening over Marsh Creek 0 0 0
293 Main Street Slurry Seal (at Highway 160) Project 84,376 84,376 0 302 East Cypress Road Widening (Jersey Island Road to Bethel Island Road) 384,060 762,563 (378,503) (378,503) 306 Marsh Creek Glenn Park Renovation 500,000 500,000 0 310 East Cypress Road Widening at CCWD Canal Crossing Project 9,500,000 9,500,000 0 200,000 400,000 (800,000) 200,000 Total Proposed Expenditures After Proposed Changes FY 2023/24 26,106,511 29,398,675 (3,292,164) 0 200,000 (200,000) (261,687) 0 0 0 0 400,000 (1,653,503) (1,876,974) 0 0 0 0 100,000 0 0 0 Remaining Unassigned Balances FY 2023/24 1,346,941 251,006 242,734 35,457 194,114 403,041 525,919 2,078,693 139,480 324,306 344,125 2,108,012 729,506 1,304,412 374,192 112,789 752,665 5,542 456,841 City of Oakley
FY 2024/2025 Project Summary
Capital Improvement Program for Fiscal Years 2024/25 to 2028/29 FY 2023/24 Proposed Changes
FY 2023/24 Proposed Changes
596
Business Name Primary Contact Email Address Primary Address Phone # Full Primary Address Active Licenses A1 CONCRETE AND FOUNDATION
REPAIR
(925) 207-3684 264 BRAZIL CT
OAKLEY CA 94561-2444

HOME BASED BUSINESS LICENSE
AIELLO HOME INSPECTION SERVICES [email protected] (925) 956-8934 1513 THISTLE CT OAKLEY CA 94561-2642

HOME BASED BUSINESS LICENSE
CAJUCOM ELECTRIC [email protected] (510) 364-0013 4726 MAMMOUTH LN OAKLEY CA 94561

HOME BASED BUSINESS LICENSE
GOTCHA COVERED FLOORING INC [email protected] (925) 584-0083 4625 LARIAT LN OAKLEY CA 94561-1719

HOME BASED BUSINESS LICENSE
HEAVY HITTER CUSTOM BAITS [email protected] (925) 334-9609 4929 BELDIN LN OAKLEY CA 94561

HOME BASED BUSINESS LICENSE
KATZ KROCHET CO [email protected] (925) 978-7704 124 CLEAR LAKE CT OAKLEY CA 94561

HOME BASED BUSINESS LICENSE
KUEENIE'S TRENDY CLOSET, LLC [email protected] (925) 877-4898 2267 CANTERBURY LN OAKLEY CA 94561-3328

HOME BASED BUSINESS LICENSE
LEDUAR LANDSCAPING [email protected] (925) 529-7358 5751 BRIDGEHEAD RD #35
OAKLEY CA 94561

HOME BASED BUSINESS LICENSE
RIOS CLEANING SERVICES [email protected] (925) 550-6076 309 OAK GLEN DR OAKLEY CA 94561-4212

BUSINESS LICENSE
ROOFENER ENTERPRISES LLC [email protected] (925) 348-6145 1290 FETZER LN OAKLEY CA 94561-3197

HOME BASED BUSINESS LICENSE
THORNTONS LLC (4501 MAIN STREET) [email protected] (281) 800-2426 4501 MAIN ST OAKLEY CA 94561

BUSINESS LICENSE
THORNTONS LLC (5540 BRIDGEHEAD
RD)
[email protected] (281) 800-2426 5540 BRIDGEHEAD RD OAKLEY CA 94561-2937

BUSINESS LICENSE
12 597
Budget Study Session
Fiscal Year 2024/25
598
2 Preliminary General Fund Budget
Projecting a balanced operational budget
Includes $6.2 Million in operating transfers out to other funds
Includes commitments to salary and benefits as approved in the MOU and resolution of benefits.
599
3 Proposed
2024/25
Projected
2023/24
Operating Revenues $32,136,950 $31,709,831
Operating Expenditures $31,115,447 $30,393,880
Net Operating Revenues (Expenditures) $1,021,503 $1,315,951 One Time Transfer from Unassigned Fund Bal ($4,000,000) $0 Net Change to Fund Balance ($2,978,497) $1,315,951
600
4 General Fund 2024/25
Projected Revenue - $32,136,950
Interfund Charges
39%
Property Tax
33%
Sales Tax
10%
Franchise Fees
8%
Development Fees
5%
Other Revenue & Tax
5%
Interfund Charges Property Tax Sales Tax Franchise Fees Development Fees Other Revenue & Tax 601
5 General Fund 2024/25
Proposed Expenditures - $35,115,447
Public Safety
41%
Public Works
13%
Community Development
7%
Transfers
17%
Animal Control
1%
Administrative Services
7%
City Manager's Department
5%
Misc
7%
City Council
1%
City Attorney
1%
602
6 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025
Actual Actual Actual Estimated Proposed
Property Taxes 8,049,872 8,820,565 9,997,445 10,297,027 10,665,000 Sales Tax 2,485,023 3,245,824 3,259,906 2,953,000 3,050,000 Franchise Taxes 2,043,872 2,285,074 2,543,591 2,633,000 2,688,634 Other Taxes 271,619 310,828 307,837 276,000 296,000
Total Taxes 12,850,386 14,662,291 16,108,779 16,159,027 16,699,634 Interfund Charges for Services 8,350,135 9,544,106 11,024,124 11,333,442 12,365,142 Developer Fees 5,055,198 3,617,013 2,813,560 1,773,600 1,659,600 Intergovernmental Revenues 973,632 527,287 474,062 433,481 435,384 Business Licenses 190,154 189,699 100,566 180,000 125,000 Other Revenue 66,523 18,837 925,605 1,280,281 452,190
Other Financing Sources 356,355 (76,769) 801,598 550,000 400,000 Total Revenue 27,842,383 28,482,464 32,248,293 31,709,831 32,136,950 Expenditures:

Animal Control 273,295 288,310 341,873 405,696 491,325
City Council 62,620 138,174 69,440 73,795 98,537
City Clerk 375,251 379,030 519,757 556,122 513,657
City Attorney 314,944 358,280 370,432 457,605 460,521
City Manager 585,769 621,906 648,218 936,796 1,007,656
Community Outreach 149,916 168,139 - - -
Finance 807,783 800,900 921,681 988,993 1,130,932
Human Resources 386,264 693,434 617,688 658,180 565,854 Building Maintenance 111,208 272,176 512,539 774,240 845,818 IT 297,023 485,445 557,814 327,231 -
Non Departmental 518,177 (568,594) (636,976) (254,000) - Economic Development 186,705 196,444 242,122 289,861 292,475 Building & Code Enforcement 1,125,697 1,210,924 1,189,372 1,285,552 1,750,053 Police 9,751,044 10,590,530 11,967,380 14,915,279 15,309,796 Planning 686,134 655,757 806,212 1,044,277 863,258
Public Works 2,721,894 3,671,456 4,655,690 4,540,211 4,253,299 Recreation 590,125 719,116 912,609 1,108,212 1,244,067
Transfers Out 2,659,800 5,621,000 9,577,974 2,285,831 6,288,200 Total Expenditures 21,603,645 26,302,426 33,273,824 30,393,880 35,115,447 Net Revenue (Expense) 6,238,738 2,180,038 (1,025,530) 1,315,951 (2,978,498)

GENERAL FUND PROPOSED BUDGET
FISCAL YEAR 2024/25 Important Revenue Notes:
• 4% Increase in Property Tax
• 3% increase to Sales tax
• 6% increase to P-6 Revenue
Important Expenditure Notes:
• Converting IT to an Internal
Service Fund
• Added 1 Police Officer on
July 1
• Reclassified 2 positions
based on the re-organization
• Includes $100k transfer to
storm water
• Includes $4m transfer to the
library project
• Includes $2.1m transfer to
streets for Cypress project
603
7 Staffing Changes
POLICE
• 1 Police Officer Position added July 1-Total 42 Sworn Positions • 32 Police Officer, 7 Sergeants, 2 Lieutenants, 1 Chief PUBLIC
WORKS
• Re-Classify 1 Engineering Technician to Assistant Engineer • Re-Classify 1 Facilities Maintenance Technician to PW Foreman 604
8 10 Year Plan
1 0
-
Ye
a
r
Pla
n
Focus on Sustainability
Compares Recurring Revenue vs. Recurring
Costs
Use assumptions based on historical data
Allows us to see how an expense made each
year grows over time
605
9 10-Year Plan
606
10-Year Plan-Important Notes
• Addition of 2 Police
Officers in 2027 & 2029
• Addition of 1 Police Officer
in 2031 & 2033
• For every Officer includes a
one-time cost for a vehicle
with all upfit
• Includes a 15% increase to
Storm Water transfer of
$100K in 2025
• Includes $500K in
additional expenses in FY
2028 to account for a new
Library Building
• $300k for staff
• $200k operating
• In the final year, $240k is
needed to balance the
budget
607
11 Upcoming Changes or Updates
• In FY 2024 Fleet became an Internal Service Fund
• In FY 2025 IT will become and Internal Service Fund
• In FY 2025 or 2026 Facilities will become an internal Service Fund
• Internal Service funds allow us to spread expenditures for large replacement or repairs over multiple fiscal years by planning ahead for them which avoids large spikes in
expenditures in years where replacement or repairs are
needed.
608
12 Upcoming Changes or Updates
• In FY 2026 Police Services will move from the General Fund into the Police Services Fund.
• Police Service Revenue is a special revenue and is only allowed to be spent on Police Services.
• In lieu of transferring revenue from the Police Service Fund to General Fund, we will transfer expenditures from the General Fund to the Police Services Fund
• If additional funding is needed we will do a General Fund Transfer to the Police Service to cover the cost.
• Decrease in Interfund Revenue & Increase in Transfers to other funds
609
13 Any Questions?
610

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: Pancho’s Market 2 Preliminary General Plan Amendment (PA 02-23) – Work Session to discuss the merits of a potential project to amend the General Plan Land Use Designation of an approximately 0.42-acre parcel from Residential Low/Medium (RLM) to Commercial (CO)
Summary
This is a work session on a request by Mario Tenorio (“Applicant”) to discuss the merits of a potential project to amend the General Plan Land Use Designation of two parcels made up of approximately 0.42 acres currently occupied by an existing grocery and convenience store with off-street parking lot from Residential Low/Medium (RLM) to Commercial (CO) for the purposes bringing the Land Use Designation, eventual Zoning Classification, and underlying use into consistency. The project site is located at 5500 Main Street and is zoned R-6 (Single Family Residential) District. APNs 033-052-009 and 033-052-010.

Figure 1 – 5500 Main Street Viewed from Main Street
Preliminary General Plan Amendment Process
The process of amending the City of Oakley 2020 General Plan ("General Plan") is subject to California Government Code ("GC") Sections 65350 - 65362, which apply to the preparation, adoption and amending of general plans and general plan elements.

GC Section 65351 is written as follows:

Approved and
Forwarded to the
City Council
611

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us "During the preparation or amendment of the general plan, the [City] shall provide opportunities for the involvement of citizens, California Native American Indian tribes, public agencies, public utility companies, and civic, education, and other community groups, through public hearings and any other means the planning agency deems appropriate."
The application process for a General Plan Land Use Amendment can come with significant costs when factoring in Staff time involved in preparing documents, conducting analysis, holding non-public and public meetings, hiring consultants for technical and environmental studies and documents, and consulting with outside agencies. Since a General Plan Land Use Amendment is a legislative and discretionary action that sets the tone for all other land use decisions on a property, Staff encourages potential applicants to first file a Preliminary General Plan Amendment, or "PGPA." The purpose of the PGPA is to allow Staff to provide a brief description of the proposed amendment and provide a concept of the project as submitted by the applicant to the City Council and Planning Commission. The applicant is provided a chance to present the request, further describe the concept, and provide additional insight on the background of the request.

EXISTING GENERAL PLAN AND ZONING DESIGNATION
• The General Plan Land Use Designation for the project site is Residential Low/Medium (RLM) – This designation provides for moderately dense singlefamily residential development that is consistent with suburban uses. • The site is zoned R-6 (Single-Family Residential) District.

PROPOSED LAND USE DESIGNATION
• The General Plan Land Use Designation proposed by the applicant is Commercial (CO) – This designation provides for neighborhood, community, and regional-serving retail and service uses; limited office uses; restaurants; service stations; highway-oriented and visitor-serving commercial and lodging; autoserving and heavy commercial uses; public and semi-public uses; public gathering facilities, and similar and compatible uses.

PROJECT SITE
The project site occupies the southeastern corner of Main Street and Malicoat Avenue, featuring a long-standing convenience store (“Pancho’s Market 2”) and associated parking area. Despite appearing as a single 0.42-acre lot, the property is divided into two parcels, with a property line running parallel to the approximately 2,500 square foot convenience store's southern wall. The site's frontage on Main Street lacks curbs, gutters, or sidewalks, resulting in extensive vehicle access from the street. Additionally, a gravel driveway provides access from Malicoat Avenue. 612

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 3
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us Topographically, the lot has a downward slope towards the northeastern corner near the entrance of the driveway. Three trees line the southern property boundary. The property is surrounded by residential uses, but it’s important to note that the properties to the south along Main Street are zoned for commercial development.

Figure 2 – Aerial View of 5500 Main Street

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 4
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us Analysis
The applicant is seeking a modification of the General Plan Land Use Designation in order to operate with the same regulations as other commercial properties in town.

Currently, due to the existing residential designation, the convenience store is considered a legal non-conforming property under Oakley's municipal code. Legal non-conforming properties are those that were legally established before the enactment of an ordinance but do not comply with the current provisions of the Zoning Ordinance or General Plan. A commercial business on a residentially zoned property is considered legal non-conforming. Such properties face limitations on the alterations or improvements that can be made to them. Non-conforming land use regulations are commonly adopted by cities to encourage the transition of existing land uses to different uses that better align with community objectives. Nonconforming land use regulations can also prevent a land use that is no longer permitted from intensifying. With their request, the applicant finds that a commercial land use designation would be appropriate, it would afford them the same options as other commercial properties and would enhance the property’s alignment with community objectives.

The City's planning documents envision a series of commercial properties lining Main Street, serving the nearby neighborhoods in this area of town. The existing convenience store land use aligns with this vision, and this stretch of Main Street features multiple properties on intersection corners zoned for commercial development, similar to what the applicant is seeking. A change to a commercial designation would be consistent with adjacent properties and compatible with the surrounding area.

Reviewing applications for compliance with Oakley’s development standards ensures thoughtful growth.

Fiscal Impact
There is no fiscal impact to 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 applicant.
614

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 5
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us Staff Recommendation
This is an advisory hearing only. There is no process to approve a project because of this work session. The City Council may act in an advisory role to the applicant on whether there is interest in considering an application for the requested project. If the Council shows favorable interest in the preliminary application, it may advise the applicant to submit, and direct Staff to process, a General Plan Amendment application. Directing staff to process a General Plan Amendment application would not guarantee Staff support or City Council approval of the project.

Attachments

1. Vicinity Map

2. Notice of Work Session

3. General Plan Land Use Map Excerpt

4. Planning Commission Staff Report from April 2, 2024
615
Vicinity Map
Pancho’s Market 2 - Preliminary General Plan Amendment (PA 01-24) 5500 Main Street, Oakley, CA 94561 APNs: 033-052-009 and 033-052-010 616

NOTICE OF WORK SESSION
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 Work Session at the Council Chambers located at 3231 Main Street, Oakley, CA 94561 for the purposes of considering the item as described below:

Project Name: Pancho’s Market 2 Preliminary General Plan Amendment (PA 02-23) Project Location: The project site is located at 5500 Main Street. APNs 033-052-009 and 033- 052-010.

Applicant: Mario Tenorio, 2324 Roberto Street, Napa, CA 94558, 415-504-4599 Request: This is a work session on a request by Mario Tenorio (“Applicant”) to discuss the merits of a potential project to amend the General Plan Land Use Designation of two parcels made up of approximately 0.42 acres currently occupied by an existing grocery and convenience store with off-street parking lot from Residential Low/Medium (RLM) to Commercial (CO) for the purposes bringing the Land Use Designation, and eventually Zoning Classification, and underlying use into consistency. The project site is located at 5500 Main Street and is zoned R-6 (Single Family Residential) District. APNs 033-052-009 and 033-052-010.

How to Review: The Staff Report and its attachments will be available for public review, on or before May 8, 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 Evan Gorman, Associate Planner 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. 617
LEGEND
·--
L _
�OaJ<ley
City Limit
-
Residential Low
, / � Q:>aOakJey Sphere of lnfluenc:e
-
Residential Low/Medium
kJey Planning Area
Residential Medium D CounttJ Costa County Urban L1m1t Line -Resadential H1gh -Agriculrure -Residential Mobile Home Agriculrural Limited -Commercial -Rural Residential -Commercial Downtown -Residentia) Very Low -Commercial Recreation -Busines.,; Park
-Light Industrial
-UtiHty Energy
-Pubhc and Se.m1•P'ubhc
-
Delta Recreation
-Parks and Recreation
00 Specific Plan
618

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: April 2, 2024
TO: Joshua McMurray, City Manager
FROM: Evan Gorman, Associate Planner
SUBJECT: Pancho’s Market 2 Preliminary General Plan Amendment (PA 02-23) – Work Session to discuss the merits of a potential project to amend the General Plan Land Use Designation of an approximately 0.42-acre parcel from Residential Low/Medium (RLM) to Commercial (CO)
Summary
This is a work session on a request by Mario Tenorio (“Applicant”) to discuss the merits of a potential project to amend the General Plan Land Use Designation of two parcels made up of approximately 0.42 acres currently occupied by an existing grocery and convenience store with off-street parking lot from Residential Low/Medium (RLM) to Commercial (CO) for the purposes bringing the Land Use Designation, eventual Zoning Classification, and underlying use into consistency. The project site is located at 5500 Main Street and is zoned R-6 (Single Family Residential) District. APNs 033-052-009 and 033-052-010.

GC Section 65351 is written as follows:

Approved and
Forwarded to the
Planning Commission
619

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us "During the preparation or amendment of the general plan, the [City] shall provide opportunities for the involvement of citizens, California Native American Indian tribes, public agencies, public utility companies, and civic, education, and other community groups, through public hearings and any other means the planning agency deems appropriate."
The application process for a General Plan Land Use Amendment can come with significant costs when factoring in Staff time involved in preparing documents, conducting analysis, holding non-public and public meetings, hiring consultants for technical and environmental studies and documents, and consulting with outside agencies. Since a General Plan Land Use Amendment is a legislative and discretionary action that sets the tone for all other land use decisions on a property, Staff encourages potential applicants to first file a Preliminary General Plan Amendment, or "PGPA." The purpose of the PGPA is to allow Staff to provide a brief description of the proposed amendment and provide a concept of the project as submitted by the applicant to the Planning Commission and City Council. The applicant is provided a chance to present the request, further describe the concept, and provide additional insight on the background of the request.

Figure 2 – Aerial View of 5500 Main Street
Analysis
The applicant is seeking a modification of the General Plan Land Use Designation in order to operate with the same regulations as other commercial properties in town.

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 4
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us land use designation would be appropriate, it would afford them the same options as other commercial properties and would enhance the property’s alignment with community objectives.

Reviewing applications for compliance with Oakley’s development standards ensures thoughtful growth.

Fiscal Impact
There is no fiscal impact. This is a developer funded account. All Staff time and City of Oakley generated materials are charged to the account.

Staff Recommendation
This is an advisory hearing only. There is no process to approve a project because of this work session. The Planning Commission may act in an advisory role to the City Council. Staff will include the Planning Commission’s consensus direction and minutes from this meeting to the City Council at a future work session.

Attachments

1. Vicinity Map

2. Notice of Work Session

3. General Plan Land Use Map Excerpt
622

STAFF REPORT

1.42-acre site from Light Industrial (LI) to Residential Low/Medium (RLM) for the purposes of applying for the entitlements to subdivide the property for residential use.

The project site is located at 5050 Live Oak Avenue and is zoned LI (Light Industrial) District. APN 037-100-009. This item is to be an advisory hearing only.

Figure 1 – 5050 Live Oak Avenue
Preliminary General Plan Amendment Process
The process of amending the City of Oakley 2020 General Plan ("General Plan") is subject to California Government Code ("GC") Sections 65350 - 65362, which apply to Approved and
Forwarded to the
City Council
623

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us the preparation, adoption and amending of general plans and general plan elements.

GC Section 65351 is written as follows:
"During the preparation or amendment of the general plan, the [City] shall provide opportunities for the involvement of citizens, California Native American Indian tribes, public agencies, public utility companies, and civic, education, and other community groups, through public hearings and any other means the planning agency deems appropriate."
The application process for a General Plan Land Use Amendment can come with significant costs when factoring in Staff time involved in preparing documents, conducting analysis, holding non-public and public meetings, hiring consultants for technical and environmental studies and documents, and consulting with outside agencies. Since a General Plan Land Use Amendment is a legislative and discretionary action that sets the tone for all other land use decisions on a property, Staff encourages potential applicants to first file a Preliminary General Plan Amendment, or "PGPA." The purpose of the PGPA is to allow Staff to provide a brief description of the proposed amendment and provide a concept of the project as submitted by the applicant to the City Council and Planning Commission. The applicant is provided a chance to present the request, further describe the concept, and provide additional insight on the background of the request.

EXISTING GENERAL PLAN AND ZONING DESIGNATION
• The General Plan Land Use Designation for the project site is Light Industrial (LI) - The Light Industrial designation allows for limited fabrication, manufacturing, processing, packaging and assembling uses; wholesale, distribution, warehousing and storage uses; vehicle and machinery repair; research and development; industrial parks; public/semi-public uses and similar and compatible uses.
• The site is zoned LI (Light Industrial) District.

PROPOSED LAND USE DESIGNATION
• The General Plan Land Use Designation proposed by the applicant is Residential Low/Medium (RLM) – This designation provides for moderately dense singlefamily residential development that is consistent with suburban uses. The maximum density permitted by the General Plan on this parcel would be five lots.

PROJECT SITE
The subject property is a 1.42-acre lot, situated approximately 300 feet northeast of the intersection of Live Oak Avenue and Oakley Road. It has two detached homes constructed before the City's incorporation, which reflect a rural character with high 624

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 3
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us fences, dirt and gravel driveways, and numerous trees. The property is accessed from Live Oak Avenue and is relatively flat.

Immediately north of the subject property lies Orchard Park Elementary School. The adjacent lots share a similar rural character to the subject property, with most being long-established. To the south, a single-family residence is visible on the 1914 historical USGS map for the area. The property to the west, across Live Oak Avenue, has an active vineyard, while the eastern side features a vacant lot with an approved subdivision for 22 single-family homes. The neighboring subdivision to the east underwent a similar General Plan Amendment process in 2020 as the one being requested for the current subject property.

PLANNING COMMISSION PUBLIC HEARING
On April 2, 2024, a work session on this item was held by the Planning Commission at their regularly scheduled meeting. The role of the Planning Commission was to receive the Staff Report from Staff, public testimony from the applicant, the public, and any interested parties. The Commission’s role was also to provide feedback on the preliminary proposal, which would then be passed onto the City Council. The Commission generally expressed support for the proposed amendment to change the general plan land use designation to residential. An adjacent property owner provided public comment and stated that any future development should consider the safety of the students attending the nearby school. The neighboring property owner’s public comment also included general questions on the amendment process. City Staff confirmed that future development would be required to construct frontage improvements, including a sidewalk, that would improve pedestrian safety. The Commission further expressed that residential development would be more compatible with the nearby school than light industrial development.

Analysis
When evaluating amendments to the General Plan's land use designations, it’s important to conduct a comparative review of the land uses and designations of adjacent properties. Although a significant portion of the surrounding area is designated as light industrial in the City's General Plan and Zoning Map, the presence of nearby residential homes and an adjacent school lends the actual development a distinctly residential character. The existing light industrial designation indicates that previous decision makers had a business-focused vision for the area. This discrepancy between the official designations and the on-the-ground conditions provides for a potential decision-point, and it could necessitate careful examination to ensure that any amendments balance the area's character and needs with the goals of the established light industrial designation.
625

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 4
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us Given the surrounding context, the area around the northeast corner of the intersection, including the subject property, could potentially accommodate residential development without significantly impacting the City's goals for industrial business growth. As previously mentioned, immediately to the east there is a recently approved subdivision while an existing neighborhood lies just beyond that. To the north, there is an elementary school, and the area south across Oakley Road is zoned for residential uses. With this residential character already established in the vicinity, introducing additional land designated for housing in this area may create development that is compatible with the neighborhood while not posing a substantial hindrance to Oakley's business objectives.

Reviewing applications for compliance with Oakley’s development standards ensures thoughtful growth.

Fiscal Impact
There is no fiscal impact to 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 applicant.

Staff Recommendation
This is an advisory hearing only. There is no process to approve a project because of this work session. The City Council may act in an advisory role to the applicant on whether there is interest in considering an application for the requested project. If the Council shows favorable interest in the preliminary application, it may advise the applicant to submit, and direct Staff to process, a General Plan Amendment application. Directing staff to process a General Plan Amendment application would not guarantee Staff support or City Council approval of the project.

Attachments

1. Vicinity Map

2. Notice of Work Session

3. General Plan Land Use Map Excerpt

4. Planning Commission Staff Report from April 2, 2024
626
Vicinity Map
5050 Live Oak Avenue - Preliminary General Plan Amendment (PA 01-24) 5050 Live Oak Avenue, Oakley, CA 94561 APN: 037-100-009 627

Project Name: 5050 Live Oak Avenue - Preliminary General Plan Amendment (PA 01-24) Project Location: 5050 Live Oak Avenue, Oakley, CA 94561, APN 037-100-009 Applicant: Angela Pi, 423 Broadway #209, Millbrae, CA 94030, 209-237-9362, [email protected]
Request: This is a work session on a request by Angela Pi (“Applicant”) to discuss the merits of a potential project to amend the General Plan Land Use Designation of an approximately 1.42- acre site from Light Industrial (LI) to Residential Low/Medium (RLM) for the purposes of applying for the entitlements to subdivide the property for residential use. The project site is located at 5050 Live Oak Avenue and is zoned LI (Light Industrial) District. APN 037-100-009. This item is to be an advisory hearing only.

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. 628
City of Oakley
Planning Division
3231 Main Street
Oakley, CA 94561
This is a Notice of Work Session
629
LEGEND
·--
L _
�OaJ<ley
City Limit
-
Residential Low
, / � Q:>aOakJey Sphere of lnfluenc:e
-
Residential Low/Medium
kJey Planning Area
Residential Medium D CounttJ Costa County Urban L1m1t Line -Resadential H1gh -Agriculrure -Residential Mobile Home Agriculrural Limited -Commercial -Rural Residential -Commercial Downtown -Residentia) Very Low -Commercial Recreation -Busines.,; Park
-Light Industrial
-UtiHty Energy
-Pubhc and Se.m1•P'ubhc
-
Delta Recreation
-Parks and Recreation
00 Specific Plan
630

STAFF REPORT

1.42-acre site from Light Industrial (LI) to Residential Low/Medium (RLM) for the purposes of applying for the entitlements to subdivide the property for residential use.

The project site is located at 5050 Live Oak Avenue and is zoned LI (Light Industrial) District. APN 037-100-009. This item is to be an advisory hearing only.

GC Section 65351 is written as follows:
"During the preparation or amendment of the general plan, the [City] shall provide opportunities for the involvement of citizens, California Native American Indian tribes, public agencies, public utility companies, and civic, education, and other community groups, through public hearings and any other means the planning agency deems appropriate."
The application process for a General Plan Land Use Amendment can come with significant costs when factoring in Staff time involved in preparing documents, conducting analysis, holding non-public and public meetings, hiring consultants for technical and environmental studies and documents, and consulting with outside agencies. Since a General Plan Land Use Amendment is a legislative and discretionary action that sets the tone for all other land use decisions on a property, Staff encourages potential applicants to first file a Preliminary General Plan Amendment, or "PGPA." The purpose of the PGPA is to allow Staff to provide a brief description of the proposed amendment and provide a concept of the project as submitted by the applicant to the Planning Commission and City Council. The applicant is provided a chance to present the request, further describe the concept, and provide additional insight on the background of the request.

Given the surrounding context, the area around the northeast corner of the intersection, including the subject property, could potentially accommodate residential development without significantly impacting the City's goals for industrial business growth. As previously mentioned, immediately to the east there is a recently approved subdivision while an existing neighborhood lies just beyond that. To the north, there is an elementary school, and the area south across Oakley Road is zoned for residential uses. With this residential character already established in the vicinity, introducing additional land designated for housing in this area may create development that is compatible with the neighborhood while not posing a substantial hindrance to Oakley's business objectives.

Consistency with the Oakley Strategic Plan 27+
Holding an advisory hearing is 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 thoughtful growth.
633

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 4
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us Fiscal Impact
There is no fiscal impact. This is a developer funded account. All Staff time and City of Oakley generated materials are charged to the account.

Attachments

1. Vicinity Map

2. Notice of Work Session

3. General Plan Land Use Map Excerpt
634

Oakley City CouncilMay 14, 2024

Oakley City Council
May 14, 2024