Oakley City Council
April 22, 2025

1. The Draft Housing Element Evades State Law
While the Draft Housing Element meets many of the statutory requirements, it is still deficient, at a minimum, in the two following respects that threaten the creation of affordable housing within and throughout the City. Changes are necessary to bring the Draft Housing Element into compliance with Housing Element Law.
a. Issues with Sites Inventory to Meet LI and MI RHNA Allocations The purpose of the Draft Housing Element Sites Inventory is to demonstrate the City has an inventory of land suitable and available for residential development throughout the community to accommodate the City’s RHNA allocation—at each income level. (Government Code § 65583.2(a).) The City’s RHNA allocation requires a total of 1,058 units—comprised of 446 above moderate-income units [42%]; 172 MI units [16%]; 161 LI units [15%]; and 279 very low-income units [26%]. As discussed below, the Draft Housing Element Sites Inventory is deficient in relation to accommodating the City’s LI3 and MI RHNA allocations. i. LI Accommodation Inappropriate Reliance on “Underutilized” Sites
First, to address its LI allocation the Draft Housing Element relies on “underutilized” (i.e., nonvacant) sites to accommodate nearly half—approximately 46%—of its identified LI capacity. (See Table 3-4 [174 units on underutilized sites counted toward LI RHNA], Table 3-5 [88 units on underutilized site counted toward LI RHNA], and Table 3-9 [Sites Inventory capacity of 569 LI units].) However, the Draft Housing Element provides limited analysis and fails to demonstrate the underutilized sites will realistically be converted to accommodate affordable housing. These are sites with existing uses. The City fails to show why the existing uses, many of which are longstanding, will suddenly change within the next RHNA cycle.

This issue is magnified when one understands that several of the underutilized sites were previously identified for “redevelopment” to accommodate the City’s previous—2015-2023— RHNA allocation; and yet those sites have not been redeveloped with more housing, let alone affordable housing. (See City’s 2015-2023 Housing Element, Appendix A [listing Assessor Parcel Number (“APN”) 033-012-007, 033-180-007, and 033-180-015]; see also EIR Addendum for 2015-2023 Housing Element Update, Table 2 [listing APN 033-012-009 and APN 033-012- 008].) Stated another way, even though almost 80% of the Draft Housing Element underutilized capacity had previously been identified for housing on sites in the 2015-2023 Housing Element, the City continued to identify these underutilized sites without analysis of changes (e.g., economic development and market demand trends, changed market conditions, financial feasibility changes, ownership pattern changes, expiration of any existing impediments, recent experiences with converting the existing uses to higher-density affordable residential 3 Here, LI includes very low-income—in line with the presentation of such by the City. 591
August 4, 2022

development) to demonstrate that the sites will change to realistically accommodate affordable housing during this housing cycle. (See Government Code § 65583.2(g)(1).) Without a strong explanation why these longstanding sites would now be ready to convert to housing, the City is simply speculating that these sites will not continue with the current uses.

In fact, it does not appear that the Draft Housing Element even makes known the sites in the Sites Inventory that were previously identified in the 2015-2023 Housing Element (or other past housing elements). Government Code § 65583.2(c) provides heightened requirements for reliance on underutilized sites included in past housing elements. Given that the Draft Housing Element seemingly fails to make known sites included in past housing elements, the public lacks the information to understand the City’s compliance with these heightened requirements.

Second, the Draft Housing Element applies several assumptions without sufficient support in its methodology for estimating capacity on LI sites. (See Draft Housing Element, pp. 3-8-3-9.) There is not support for the assumption that sites in the inventory, across the board, should be “assumed to [be] buil[t] out [for LI units] at 80 percent of the maximum density.”4 While the Draft Housing Element lists two “recently built or approved” affordable housing development projects at densities that near the resultant 24 units per acre5—there is no information on the composition of units within those densities (e.g., completely affordable or not), even though the City seemingly relies on the listed sites being entirely for LI units.6 Furthermore, there is no explanation of how these two isolated projects compare to sites listed in the Sites Inventory. Likewise, there is no support for the assumption that underutilized sites, across the board, should only be discounted by 25% from their development potential. This 25% discount effectively translates to a determination that 75% of the sites listed will in fact be developed to their full potential. The City makes no effort to substantiate this determination.

Given the majority of the underutilized sites are carried over from the 2015-2023 Housing Element, this percentage seems baselessly optimistic. In general, there is no support for the assumption that zones allowing 100% non-residential uses should only be discounted by 25% from their affordable housing development potential. Any such calculation should be site4 Given that the City’s Affordable Housing Overlay (“AHO”) currently allows a maximum density of 24 units per acre, and that several of the sites in the Sites Inventory, which are already subject to the AHO (e.g., APN 033-012- 007, APN 033-012-008, APN 033-012-009, APN 033-180-007) have not been built out at that density (or any density), the City’s 80% assumption (which comes out to the same density of 24 units per acre—i.e., 80% * the proposed maximum density of 30 units per acre) seems not based in reality. 5 Two affordable housing developments are listed—Twin Oaks Senior Residence Mixed Use and Carol Lane Apartments—and one of them has a density below 24 units per acre (i.e., 22.2 units per acre). (See Draft Housing Element, p. 3-9.)
6 The AHO only requires that a development project meet the State Density Bonus affordable set-aside criteria. (See Draft Housing Element, p. 6-10.) This translates to just 10% of the units needing to be set aside for low-income households and just 5% for very low-income households. (See Government Code § 65915(b)(1)(A)-(B).) A far cry from the implied assumption in the Draft Housing Element they will be 100% affordable. 592
August 4, 2022

specific and demonstrate what specific trends, factors, and other evidence led to the assumptions for each site.

In sum, the City’s heavy reliance on the “underutilized” sites is unreasonable and the City fails to legally demonstrate that the Sites Inventory will be able to accommodate its LI RHNA allocation. More sites need to be listed for the City to accommodates its LI RHNA allocation ii. MI Accommodation Inappropriate Concentration of Sites The Draft Housing Element effectively concentrates the sites to address its entire MI allocation in one small area of the City—the Downtown Specific Plan area. (See Draft Housing Element, Figure 3-3, Table 3-6 [listing five sites accommodating 163 MI units7], and Table 3-9 [listing capacity of 197 MI units8]; see also Figure 3-2 [demonstrating the limited size of the Downtown Specific Plan area to the entire City].) This runs counter to the express language of Government Code § 65583.2(a), which requires sites to be identified “throughout the community.” (See also Section 1.b of this Letter, infra [further addressing the lack of distribution of sites throughout the City].)
Furthermore, there is no support or even disclosed assumptions for the capacity accounted for on each of the five Downtown Specific Plan Sites. For example, for DSP-1, the short “Site Description” indicates that there are existing uses on the site, but fails to describe how the existing uses would affect the development of the site for MI housing. Furthermore, the Draft Housing Element, perhaps tellingly, does not identify any previous housing development projects (affordable or not) within the Downtown Specific Plan area. Similar to the above, assumptions should be stated as to how the anticipated capacity was reasonably reached—and those assumptions should be predicated on specific trends, factors, and other evidence for each of the sites.9
7 Table 3-6 identifies 274 units of which it states 163 will be MI and the other 111 will be above moderate-income.

There is no justification provided for this expectation of an approximately 60/40 split of MI to above moderateincome units on these sites within the Downtown Specific Plan area. At least here, compared to the LI sites, there is an acknowledgement that the projects will likely not be completely affordable. 8 Notably, there are various discrepancies in the MI units throughout the Draft Housing Element. This Table 3-9 attributes 178 MI units to the Downtown Specific Plan area sites. As mentioned in the body, Table 3-6 attributes 163 MI units to the Downtown Specific Plan area sites. To confuse matters further, page 3-22 details an allocation of 189 MI units to the Downtown Specific Plan area sites. 9 This also applies to the only other MI accommodating site in the Draft Housing Element, which is listed in Table 3-10. For some reason this site is only listed with an address and an acknowledgment that it is underutilized buried in Appendix B. There does not appear to be any discount owing to its underutilization, similar to for the LI sites. 593
August 4, 2022

In sum, the City’s heavy concentration of MI sites is unreasonable, and the City fails to legally demonstrate that the Sites Inventory will be able to accommodate its MI RHNA allocation. More sites need to be listed for the City to accommodates its MI RHNA allocation. b. Lack of Distribution of LI and MI Sites Throughout the City As discussed above, the Draft Housing Element concentrates its MI accommodating sites in one small area of the City. (See Section 1.a.ii of this Letter, supra.) Furthermore, the Draft Housing Element fails to include any LI accommodating site in the easternmost part10 of the City (e.g., the East Cypress Corridor Specific Plan area)11. (See Draft Housing Element, Figure 3-2 [Sites Inventory Map]; Figure 4-46 [Sites Inventory Income Distribution by Median Income].) While in a vacuum this lapse may be benign, when taken in the context that the majority of housing (of all income levels) is “anticipated to be affordable primarily to above moderateincome households” (see Draft Housing Element, p. 3-2; see also Figure 3-1 [Residential Entitlements] and Table 3-2), this lapse becomes quite concerning. This, of course, runs counter to Government Code § 65583(c)(10)(A), which requires the Draft Housing Element to “affirmatively further fair housing” and foster inclusive communities, of households of varied income levels, dispersed throughout the City. This may have impacts on all components of the assessment of fair housing (e.g., segregation, disparities in access to opportunity).

This concentration of sites also may have an impact on infrastructure and resource availability. While the Draft Housing Element addresses such—it mostly does so at a nonindividual site level and taking into account an overconcentration in one area of the City. (See, e.g., Draft Housing Element, pp. 3-28-3-29.) More information is needed.

In sum, the City’s failure to include sites within the East Cypress Corridor Specific Plan area is alarming, to say the least. Sites need to be listed within the East Cypress Corridor Specific Plan area for the City to comply with its duty to affirmatively further fair housing throughout the City.

2. Including DeNova’s Properties Will Remedy the City’s Noncompliance DeNova has previously submitted a comment letter on the Draft Housing Element to the City on July 11, 2022—which is attached hereto as Exhibit A. In that comment letter, DeNova identified several properties—(1) Large Lot 822 [~10.3 acres]; (2) Large Lot 823 [~14.9 acres]; (3) Large Lot 824 [~16.6 acres]; (4) Custom Lots 818-821 [~4.0 acres]; (5) Parcel L [~12.1 10 The City seems to arbitrarily define the east part of the City. As on page 4-72, it states “eight [of the LI] sites are located in the east part of the City.” While this may be technically true when 50% of the City is necessarily the east part (and 50% the west), Figure 4-46, right above that statement, shows that the easternmost part of the City, which has the greatest capacity to accommodate housing, has no sites. 11 This is even though the Draft Housing Element identifies that the East Cypress Corridor Specific Plan area can avail itself of the AHO. (See Draft Housing Element, p. 6-9.) 594
August 4, 2022

acres]; and (6) Parcel S [~4.3 acres]—that should be included in the Draft Housing Element Sites Inventory to promote additional diversified housing opportunities (the “Properties”). The Properties would be within an existing housing development project and on vacant land already being developed—characteristics strongly indicative of sites that will actually be developed with housing.

Including the Properties in the Sites Inventory would also remedy the abovementioned inadequacies with the Draft Housing Element. The sites can supplement the current sites that address the LI and MI RHNA allocations and would work to appropriately disperse housing of all income levels throughout the City.

The City cannot legally exclude the Properties—comprising in excess of 60 acres of vacant land—from the Sites Inventory given the City’s inability to actually meet its RHNA allocation (as opposed to identifying sites with little prospect of becoming housing during the next cycle).
a. Properties Larger than 10 Acres
In brief, it is our understanding that the City may have rejected some of the Properties given that they are in excess of 10 acres; and Government Code § 65583.2(c)(2)(B) has a rebuttable presumption that sites larger than 10 acres are inadequate to accommodate LI RHNA allocations. However, this 10-acre presumption does not apply in general to inclusion in the Sites Inventory, such as to accommodate the above moderate-income and MI RHNA allocations.

In fact, the Draft Housing Element includes a Site—DSP-1—that is larger than 10 acres (i.e.,

10.7 developable acres and 12.43 total acres) as part of its limited accommodation of MI units.12 (See Draft Housing Element, Table 3-6.) Furthermore, and more to the point, this is only a rebuttable presumption. In fact, HCD’s Housing Element Site Inventory Guidebook—which is to assist jurisdictions with the development of the site inventory analysis—provides various ways to demonstrate feasibility of development of a site for LI housing. (See Housing Element Site Inventory Guidebook, pp. 15-17.) Directly applicable, is “[e]vidence [of] developer interest,” which is precisely what DeNova has offered. (Id., p. 17.) Furthermore, it is possible for the Sites Inventory to only identify boundaries of the Properties that are less than 10 acres—and “then the large site analysis would not be required.” (Id.) In sum, the 10-acre limitation does not hold up in light of HCD’s guidance on the matter.

For all of the foregoing reasons, we respectfully ask that the Properties be added to the Draft Housing Element Sites Inventory in order to rectify the City’s noncompliance with Housing Element Law and realistically accommodate much needed housing for all income levels within and throughout the City. Thank you for your time and attention to this matter. We are available to answer any questions that you may have.
12 Without this site, the Draft Housing Element would categorically fail to accommodate its MI RHNA allocation. 595
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Sincerely,
Cox, Castle & Nicholson LLP
Andrew B. Sabey
ABS
cc: David Zisser, Assistant Deputy Director of Local Government Relations and Accountability, California Department of Housing & Community Development Shannan West, Housing Accountability Unit Chief, California Department of Housing & Community Development
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EXHIBIT A
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City of Oakley
3231 Main Street
Oakley, CA 94561
Dear Mayor Pope, Vice Mayor Meadows, City Councilmembers and Planning Staff, Thank you so much for the opportunity to review the Oakley Housing Element. There are many opportunities in this document to address the housing needs of Oakley and make a dent in the regional housing crisis while simultaneously combating climate change. Greenbelt Alliance and partner organizations have been working with cities around the region to provide input on Housing Element drafts in advance of the HCD reviewers. Building on the letter we sent with high level housing and climate goals in April, we have a few comments and specific goals and policy recommendations we would like to share with you as we also believe these are issues that HCD will also flag so the earlier you can address them, the more seamless your process will be.

High Level Comments
● Affordable housing overlay: We think the affordable housing overlay is great. ● AFFH: The AFFH section is primarily data from the county level. AFFH should be done at the city level.
● Constraints: The constraints section needs to “remove” constraints, not just state the constraints (Gov. Code § 65583(c)(3)). This section should say how the City’s policies and programs will ameliorate the constraints that are listed. ● Public Participation: Did not consider outreach in a matter that affirmatively furthers fair housing. One in-person workshop and one survey is insufficient. State law requires a diligent effort to reach all economic segments of the population including lower-income households, and HCD will likely require a better effort to do so before it will approve the City’s housing element.

Specific Comments
● Infill housing program: We are concerned that by getting rid of the infill housing program as well as the farmworker housing program, Oakley will not prioritize housing beyond single family homes.
● ADUs: In order to increase the density and diversity of communities, we believe the 40 ADU goal is far too low for the 8 year period that this housing element will be in effect.

We urge you to drastically increase that goal.
● Low income housing in low resource areas. It appears, given Figure 4-46: Sites Inventory Income Distribution by Median Income of Census Tract, that all of your low income sites are in low or extremely low income communities. We recommend that you study alternatives that increase the affordable housing and density in wealthier areas of the city. This will avoid the need to redo the EIR if HCD asks for changes. It is a bit 604
confusing to understand how the affordable housing overlay will work if the affordable housing is concentrated in low resource communities to begin with. ● Parking Minimums: We urge you to eliminate or significantly reduce parking minimums on new housing developments near bus lines, and special housing developments, and to permit the use of stacked parking spaces. Please commit to these reforms in your Housing Element. Eliminating parking minimums is a highly effective strategy to address both our housing and climate crises.
○ 2 space requirement for manufactured homes. Please consider removing or reducing the 2 space requirement for manufactured homes. There is no reason that a manufactured home should have a higher parking requirement than a 1 bedroom home.
● Nimby opposition should be listed as a constraint. We reviewed the public survey comments, have attended city council meetings and understand that there is a great deal of pushback from community members who do not want more housing. HCD will likely require that NIMBY opposition is listed as a constraint. The City should implement a robust program regarding education of the benefits of new housing and the need for housing.
● Zoning for multifamily housing Action 1.8: Amendments to the downtown specific plan should also include re-zoning to allow for multi-family housing throughout the city’s downtown core - would improve density and allow for more housing near jobs and transit ● Incorporate SLR and wildfire focused policies For example:
○ Create zoning to require communities to be more wildfire resistant by establishing greenbelt zones for carefully landscaped areas inside and around neighborhoods and subdivisions, different from landscape-scale open space buffers and large fuel breaks.
○ Conduct an assessment that identifies housing units and neighborhoods in fire hazard severity zones that do not meet current fire safe building codes and develop retrofit programs that target highest risk areas, taking into consideration the increase in frequency and severity of wildfires due to climate change.

Thank you so much for considering these recommendations. We look forward to continuing to work with you to make the housing element as sustainable and resilient as possible.

Regards,
Zoe Siegel
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From: Jerry Cizek
To: Kenneth Strelo
Subject: Comments - SITE E (Oakley Road & Neroly (SR160)) High Density Low Income 234 Unit Development Date: Monday, July 11, 2022 6:04:19 PM
To Ken Strelo, Planning Department Manager:

My family of 8 OPPOSES the building of High Density Low Income Housing on all three proposed Sites, but in particular for Site E for 234 Units.

Concerns.....

1. Where will they be getting their water supply in a drought and shortage, which is expected to be a continuing problem?

2. Lack of jobs in this area. Unemployment is up in this area already. Schools are over crowded.

Lack of emergency services, spread too thin, roads too narrow to support more traffic, increased crime and unmanageable traffic, especially in light of the new 394 unit multihousing being developed on the other side of SR 160 off Main St. in Antioch.

3. Our Oakley schools already have a low scoring proficiency, are they planning on building more schools to support more high density buildings? Are you planning on bumping up the staff at the police department? There is already higher crime in the existing high density buildings behind Raleys, shootings, stabbing, gang violence etc. So yes, education and crime is a HUGE concern.

4. I hate to have my kids/grandkids have to fight for a decent uncrowded school and safe place to live.

I live on Cunha Court and Calle De Oro ( 1 block from the proposed site) and we have experienced a dramatic increase in crime in our neighborhood the last several years with stolen/vandalized cars, stolen mail and vagrants entering our yards late during daylight and night time hours.

5. Already significant commercial traffic increases due to new industrial buildings on Bridgehead (ie. Amazon).

Your very concerned neighbor,
Jerome D. Cizek
50 Cunha Ct
Oakley, CA 94561
Phone: 925-408-1440
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Campaign for Fair Housing Elements
fairhousingelements.org
The City of Oakley
Via email: [email protected]
Cc: [email protected]
August 5, 2022
Re: Oakley’s Draft Housing Element
To the City of Oakley:

The Campaign for Fair Housing Elements and YIMBY Law have reviewed the City’s draft housing element and do not believe it substantially complies with State law. (See Gov. Code §§ 65580 et seq.). While we expect HCD will identify several shortcomings, we wish to highlight a few. .

First, Oakley’s fifth-cycle experience strongly suggests that the City will fall far short of achieving its very-low income allocation of 279 units. Since 2015, only eight such units have been built. (Compare Draft, p.3-2, with id. p.7-1.) The City optimistically assumes that its very-low income opportunity sites will be developed at 80 percent of zoned capacity—but that zoned capacity is only 30 homes per acre, the bare minimum that State law deems feasible for very-low income development. (Id. p.3-9; see Gov. Code § 65583.2(c)(3)(B)(iv).) This 80 percent assumption alone would counsel that the City should rezone these sites for at least 37.5 homes per acre in order to make such development feasible; given that recent experience paces the City for just 2.9% of its very-low income need, the better practice would be to dramatically upzone to over 1,000 homes per acre. More realistically, the City should designate a far greater number of sites to increase capacity. California’s housing shortage is dire, and the City must do its part to address it.
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Next, the City’s constraints analysis (Draft, pp.6-1 to -29) proposes very little in the way of how to address let alone “remove” the constraints as required by State law. (See Gov. Code § 65583(c)(3).) We applaud the City’s use of an affordable housing overlay (Draft, pp.3-8 to -9, 6-10 to -11), but as stated above, the overlay density will fail to accommodate the City’s very-low income need. More concerning, the City is set to retain its “residential design guidelines,” which do not “assist project developers” or ensure residents’ safety but rather “reduce … overall development” in the name of “compatible colors” and “detailed landscaping plan[s].” (Id., pp.6-26 to -27.) Policies like these are why so many Californians must live in tents and vans instead of homes.

Please abolish them.

Finally, the City’s housing plan (Draft, ch.8) includes no program to protect tenants from displacement, and it further appears that the City will eliminate its fifth-cycle program to “encourage infill development” (Id., p.7-6). What “key programs” (ibid.), then, are going to look out for Oakley’s most vulnerable residents? It is unclear to us from this draft.

We trust that HCD will review the City’s draft thoroughly, and look forward to an improved version before January 31.

Sincerely,
Keith Diggs
Housing Elements Advocacy Manager, YIMBY Law
[email protected]
Campaign for Fair Housing Elements
fairhousingelements.org 2
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From: Mike Moore
To: Kenneth Strelo
Subject: 2023-2031 Draft Housing Element - Environmental Constraints Date: Sunday, July 17, 2022 4:40:46 PM
Dear Ken Strelo,
I believe that an environmental constraint that was included in the January 28, 2015 Housing Element is missing from the updated 2023-2031 Housing Element. Under iv. Toxic and Hazardous wastes on pages 276 – 277 of the 2015 Housing element, there is mention of active oil and gas wells with Oakley City Limits and the resulting impact on housing.

Under the updated June 2022 Housing Element, there is no mention of Toxic and Hazardous wastes under Environmental Constraints on page 217 – 219. Toxic and Hazardous Wastes present significant risks to public safety, particularly oil and gas wells. I found Figure 8-4 from the 2015 General Plan particularly helpful for understanding the impact of oil and gas wells on housing. These two items should be included in the updated Housing Element.

Best Regards,
Mike Moore
Oakley, CA
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The city’s proposal for solving the low income housing problem is to build “affordable” apartments in single family neighborhoods zoned for “affluent, high opportunity communities that have been traditionally closed to denser, more affordable housing.” If that actually happened, those who live in some of the most affluent neighborhoods in our city would move out, lowering the value of those homes. Property taxes would decrease, and taxes on middle and lower-middle income people living in other areas would have to be raised to make up for that loss.

Black, White, Asian, Mexican and other ethnic groups own homes and live in the immediate neighborhood and the surrounding neighborhoods. We are all good neighbors and citizens. We worked very hard to be able to buy a home where we live. We all work together to help maintain low crime neighborhoods. If people want to work hard, they can do well. Putting low income housing units in nice neighborhoods is not going to solve that problem.

Residents are understandably upset and are balking at the possibility of these units being built in and near their neighborhoods. Is there no limit to the abuse and insult the federal government will heap on taxpayers? It's not enough that taxpayers' already foot the bill for those living and benefiting from the present system. They also now have to endure seeing their property values and other benefits they have worked hard to create slowly reduced to having almost no value, plus the increased crime that follows.

Where will the water, sanitation, electricity and utilities come from for the addition of several thousand new residents in the 500+ apartments. We are already seeing severe cut backs in home water and electrical use. Fire, law enforcement, emergency health services, utility services etc.. are all scrambling to keep up with requests for service.

Please reconsider locating hundreds of new apartments in our city. 610
From: Timothy Phillips
To: Kenneth Strelo
Subject: Neroly Estates & Silverado Crest Community Development Date: Thursday, July 14, 2022 10:59:58 AM
To whom it may concern,
I received notice that there are some upcoming development plans for approximately 400 low income housing communities in these areas of Oakley. As a local business owner myself, I have been operating here in Oakley for the past 3 years. This area in particular has a lot of charm and quality people in this city. I moved here to start my family and contribute to the community as a whole.

These developments are not what our city needs. With the newly added homes around this area the city of Oakley's infrastructure has already become noticeably strained. In the short time I have lived here there seems to be a massive increase in homelessness, as well as greatly increased traffic in areas.

My business depends on the safety and security of our area. Families come to us and we offer services based on the quaintness of our community and should we allow these developments there is no guarantee that won't spill over to our surrounding neighborhoods.

Our local teachers are already strained and complaining about overcrowding and low resources, these types of developments will only further exhaust those. The increase in crime that these types of properties are likely to bring is a major concern. As a business and as a father I personally have started to notice a massive uptick in seeing people out and about who are experiencing some kind of crisis or another that are causing public issues. If you allow these developments to proceed our city will suffer.

Signed,
Timothy Phillips
Silver Crest Homecare- Elderly care facility
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From: Weldon Birch
To: Kenneth Strelo
Cc: [email protected]; [email protected]
Subject: Oakley Planning Div. on Low Income Housing Proposal Date: Tuesday, July 12, 2022 6:54:27 AM
12 July 2022
Attn: City of Oakley, CA
City Council & Oakley Planning Div.

Re: Proposed 234 new Low Income Housing Units
To whom it may concern,
As an Oakley resident, I chose to move to this city because of its somewhat small town footprint.

In the past 10 years since I moved here, I have witnessed the addition of thousands of new homes being built
in the surrounding Oakley City Limits. During that same time, we have experience numerous drought & power
shortages due the demand during the summer months. Our personal water & power bills run well into the
$600-$800 a month range during the summer, sometimes higher. If we are so short of water supply and power generation,
how can we possibly be able to continually add more and more homes and multiple housing units?
The traffic flow on Main St. and the surrounding areas downtown has increased dramatically, especially in the E. Cypress Rd.
& Main St. areas leading to and from the Bethel Island where there are thousands of new homes that have been built
over the past few years. With the new industrial complex’s going in off Bridgehead Rd. there has been a significant increase
in both auto and truck traffic in that area as well as a significant increase in the homeless encampments in our city and the
surrounding cities of Brentwood and Antioch.
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I do not think that adding 234 Low Cost Housing units, whatever that really means, will do anything but increase the traffic
and put more stress on our school systems, community services and add to the ongoing homeless problem and increased crime
that our law enforcement community will have to deal with. Plus, it will surely add to the problem we face with water and power
supply shortages. If people are faced with the financial inequity of needing “Low Cost Housing”, how are they going to cope with
the water and electrical costs that are certainly going to rise for all of us? Antioch has added thousands of high density housing units over the last few years just west of Hwy 160, off E. 18th St. That increased population also puts pressure on Oakley due to the auto and foot traffic caused by that alone in the very same area you are proposing
to build these new units.

As a concerned, tax paying resident, I do not feel that we need any “Low Cost Housing” projects in the proposed area or anywhere else in Oakley.

Thank you for your consideration in this matter,
Weldon Birch
4621 Live Oak Ave.

Oakley, CA 94561
[email protected]
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From: Dollie
To: Kenneth Strelo
Subject: Low income housing
Date: Tuesday, July 12, 2022 3:11:20 PM
Dear Mr Strelo,
I am writing to object to the proposal of 400 low income housing in the sites of E, AB, and CD.

I am concerned that there will be overcrowding, lack of infrastructure especially of schools( is there a plan to build another elementary, middle and high school. Do tax payers have to pay for busses to get those students to other schools in the mean time?)With low income and overcrowding comes more crime. Do you plan on hiring more police, firefighters and city employees ? We are in a drought and have been asked to cut back on our water use, so does the city plan on a larger budget for water processing or will the apartments have their own wells?How does low income housing affect our home values ? What about the traffic that comes with such a large population? The city planners should think long and hard by concentrating such a large project in one area.

Y Sorenson
20 Madeira ct
Sent from my iPhone
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OAKLEY HOUSING ELEMENT 2023-2031 REVISED HCD REVIEW DRAFT | JANUARY 2023 APPENDIX B | ALL OTHER SITES
Appendix B:

All Other Sites
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OAKLEY HOUSING ELEMENT 2023-2031 REVISED HCD REVIEW DRAFT | JANUARY 2023 APPENDIX B | ALL OTHER SITES B-1
APPENDIX B: ALL OTHER SITES
APN Acres Address Existing Land Use General Plan Land Use Zoning Min Density Max Density Maximum Dwelling Units
Realistic Dwelling
Units (80% Max)
Income Level
032020014 18.72 4277 KNIGHTSEN AVE Undeveloped, agricultural Agricultural Limited AL 0.1 1 18 14 Above Mod 032010004 10.11 6250 SELLERS AVE Undeveloped, agricultural Agricultural Limited AL 0.1 1 10 8 Above Mod 033170018 1.87 6239 SELLERS AVE Misc. improvements, no structures Residential Very Low AL 0.8 2.3 1 1 Above Mod 041030038 0.99 None LIVE OAK AVE Undeveloped Residential Very Low AL 0.8 2.3 0 1 Above Mod 033180001 9.63 821 E CYPRESS RD Undeveloped, agricultural Residential Low AL 2.3 3.8 9 7 Above Mod Subtotal: AL 41.33 38 31
035212006 14.96 None ROSE AVE Undeveloped, agricultural Residential Low R-10 2.3 3.8 65 52 Above Mod 034190002 1.50 None BROWNSTONE RD Undeveloped, gov't owned Residential Low R-10 2.3 3.8 6 5 Above Mod 035220005 13.22 None ROSE AVE Undeveloped Residential Low R-10 2.3 3.8 57 46 Above Mod 034010033 0.39 3980 EMPIRE AVE Undeveloped, gov't owned Residential Low R-10 2.3 3.8 1 1 Above Mod 034190003 6.40 None BROWNSTONE RD Undeveloped, gov't owned Residential Low R-10 2.3 3.8 27 22 Above Mod 034190004 9.29 351 BROWNSTONE RD Undeveloped, gov't owned Residential Low R-10 2.3 3.8 40 32 Above Mod 033100005 7.05 None MAIN ST Undeveloped Residential Low R-10 2.3 3.8 30 25 Above Mod 035212007 11.22 4351 ROSE AVE Undeveloped, agricultural Residential Low R-10 2.3 3.8 48 39 Above Mod 035250005 4.29 11 PRIVET CT Rural, undeveloped Residential Very Low R-10 0.8 2.3 18 15 Above Mod 034010034 6.77 3800 EMPIRE AVE Undeveloped Residential Low R-10 2.3 3.8 29 24 Above Mod 034060014 10.04 None CYPRESS AVE Undeveloped, agricultural Residential Low R-10 2.3 3.8 43 35 Above Mod Subtotal: R-10 85.13 364 296
041021011 4.86 None LIVE OAK AVE Undeveloped Residential Very Low R-15 0.8 2.3 14 11 Above Mod 034130004 8.10 None BROWNSTONE RD Undeveloped Residential Very Low R-15 0.8 2.3 23 19 Above Mod 034200025* 2.8 275 BROWNSTONE RD Undeveloped Residential Very Low R-15 0.8 2.3 6 5 Above Mod 034181001 5.49 None BROWNSTONE RD Undeveloped Residential Very Low R-15 0.8 2.3 15 13 Above Mod 034200017 2.20 265 BROWNSTONE RD Undeveloped Residential Very Low R-15 0.8 2.3 6 5 Above Mod 034170007 3.07 None BROWNSTONE RD Undeveloped Residential Very Low R-15 0.8 2.3 8 7 Above Mod 034120009 5.72 None OHARA AVE Undeveloped Residential Very Low R-15 0.8 2.3 16 13 Above Mod 034120010 5.41 None OHARA AVE Undeveloped Residential Very Low R-15 0.8 2.3 15 13 Above Mod 034130003 10.63 None OHARA AVE Undeveloped, agricultural Residential Very Low R-15 0.8 2.3 30 25 Above Mod 034170006 10.00 637 BROWNSTONE RD Undeveloped Residential Very Low R-15 0.8 2.3 29 23 Above Mod Subtotal: R-15 58.30 162 134
033130056 4.96 5239 SELLERS AVE Undeveloped Rural Residential R-40 0.2 1 5 4 Above Mod 033130055 5.41 5321 SELLERS AVE Undeveloped Rural Residential R-40 0.2 1 5 5 Above Mod 033130057 11.11 5111 SELLERS AVE Undeveloped, agricultural Rural Residential R-40 0.2 1 12 10 Above Mod 032020006 9.51 4460 FRANKLIN LN Undeveloped, agricultural Rural Residential R-40 0.2 1 10 8 Above Mod Subtotal: R-40 30.98 32 27
035202007 4.14 None ROSE AVE Undeveloped, miscellaneous improvements, no residences
Residential Low/Medium R-6 3.8 5.5 30 24 Above Mod
035202011 1.32 None BIACALANA DR Undeveloped, miscellaneous improvements, no residences
Residential Low/Medium R-6 3.8 5.5 9 8 Above Mod
033030031 5.24 None HONEY LN Undeveloped Residential Low/Medium R-6 3.8 5.5 38 30 Above Mod 034220039 1.33 None BROWNSTONE RD Undeveloped Residential Low/Medium R-6 3.8 5.5 9 8 Above Mod 033110003* 4.83 None MAIN ST Undeveloped Residential Low/Medium R-6 3.8 5.5 26 18 Above Mod 616
REVISED HCD REVIEW DRAFT | JANUARY 2023 OAKLEY HOUSING ELEMENT 2023-2031 B-2 APPENDIX B | ALL OTHER SITES
APPENDIX B: ALL OTHER SITES
APN Acres Address Existing Land Use General Plan Land Use Zoning Min Density Max Density Maximum Dwelling Units
Realistic Dwelling
Units (80% Max)
Income Level
034250007 5.01 None ALMOND AVE Undeveloped Residential Low/Medium R-6 3.8 5.5 36 29 Above Mod 034220040 2.29 None BROWNSTONE RD Undeveloped Residential Low/Medium R-6 3.8 5.5 16 13 Above Mod 033190001 19.67 551 E CYPRESS RD Undeveloped, agricultural Residential Low/Medium R-6 3.8 5.5 142 114 Above Mod 33100004* 4.83 5700 MAIN ST Undeveloped Residential Low Medium R-6 3.8 5.5 55 44 Above Mod Subtotal: R-6 50.92 361 288
035282054 7.652.46 440 W CYPRESS RD One single family home, miscellaneous outbuildings. Improvement to land
value ratio of 0.73. Parcel is divided by
ramp/roadway.

Residential Medium M-9 5.5 9.6 21 16 Moderate
Subtotal: M-9 7.652.46 21 16
Notes: * Sites have mixed zoning, including portions that are commercial. Only the residential portions of these sites have been accounted for in these calculations.

Source: Ascent, 2022; City of Oakley, 2014; Contra Costa County GIS, 2014, East Cypress Specific Plan, 2006; De Novo Planning Group, 2014. 617
2023–2031
Housing Element Update

ERRATA SHEET FOR THE REVISED HCD REVIEW DRAFT
MARCH 14, 2023
The yellow highlighted text was added to the Draft Housing Element in response to comments received from the Department of Housing and Community Development (HCD) during phone conversations in February 2023.

The green highlighted text was added to the Draft Housing Element in response to comments received from HCD during phone and email conversations in March 2023, and per Planning Commission Resolution No. 6-23.

EXHIBIT B
618
OAKLEY HOUSING ELEMENT 2023-2031 REVISED HCD REVIEW DRAFT | JANUARY 2023 CHAPTER 4 | FAIR HOUSING ASSESSMENT 4-47
School, over 50 percent of the student population are eligible for free meals and/or are Hispanic or Black.

TABLE 4-20: FREEDOM HIGH SCHOOL ENROLLMENT BY RACE/ETHNICITY Race
American
Indian/
Alaska Native
Asian Black Hispanic Native Hawaiian/
Pacific Islander White Two or MoreRaces
Students
9 207 257 1,157 14 739 110
Free lunch eligible: 770 1 Directly certified:570 2
Notes:
1 Free lunch students: those eligible to participate in the Free Lunch Program (i.e., those with family incomes below 130 percent of the poverty level or who are directly certified) 2 The number of students reported as categorically eligible to receive free meals to the USDA for the FNS 742. Students are categorically eligible to receive free meals if they belong to a household receiving the selected federal benefits noted above or are migrant, homeless, in foster care, or in Head Start.

Source: Contra Costa Housing Collaborative AFFH analysis, 2022.

Figure 4-22 displays educational index scores for the City of Oakley. The majority of the City has an educational score of 0.25–0.50. A western sliver and eastern portions of the City score less than 0.25 (indicating the least positive educational outcomes). Where Oakley meets Brentwood on the southern City border, a small area has an educational score of 0.50–0.75, the highest in Oakley.

The Oakley Library, which is one of the oldest libraries in the Contra Costa County Library system, currently shares a space with Freedom High School. The Oakley Library currently serves the community by offering computers, free Wi-Fi access, and a variety of materials that support the educational and entertainment needs of the community. The City is currently in the process of developing a plan to construct a new, state-of-the-art library in the middle of the City’s downtown. The City has been working with Contra Costa County on a plan to locate the new library where an old, now unused Sherriff’s Substation exists downtown. The County has entered into an agreement with the City that will give the City the land and split the cost to demolish the existing building. The City has already completed the Historical Evaluation of the building and will bring the Demolition Contract to the City Council at the April 11, 2023, City Council Meeting. The demolition is anticipated to start in May and be complete by the end of June. The City hired Baker Tilly in Summer of 2022 to help with some early analysis, which was presented to the City Council in January of 2023. The City has been engaged with a local non-profit, Friends of the Oakley Library, and they have been in strong support of the project and will take an active role in helping to increase awareness and public input for the new library. The City is currently in the second phase of the project and will soon release Request for Proposals (RFPs) for Architectural Design and Economic Analysis. The downtown is the ideal location to locate the new library as it is more centrally located, close to transportation, shopping, amenities, and the Oakley Elementary School. The new library will be upgraded and modernized to better support the educational needs of existing and future residents of Oakley. Investing in a new library can help to affirmatively further fair housing by increasing access to educational opportunities in an area with relatively low educational index scores.
619
REVISED HCD REVIEW DRAFT | JANUARY 2023 OAKLEY HOUSING ELEMENT 2023-2031 6-14 CHAPTER 6 | POTENTIAL HOUSING CONSTRAINTS
Government Code Section 65583 requires that cities with an unmet need for emergency shelters allow these uses by right without a conditional use or other discretionary permit in at least one zone. The identified zone(s) must have sufficient capacity to accommodate the shelter need, and at a minimum provide capacity for at least one year-round shelter.

Recent state law also specifies that parking standards for shelters be based on staffing, not the occupants of the shelter (Government Code Section 65583, per AB 139, 2019).

According to the 2020 point-in-time count, there were 50 people experiencing homelessness in Oakley. In Oakley, emergency shelters are permitted by right on the Civic Center site within the Downtown Core Zone in the Downtown Specific Plan. The Civic Center site includes an undeveloped parcel that is used as the City’s corporation yard. The corporation yard site is planned for development by the Downtown Specific Plan and uses discussed for the site have included various civic and community-serving uses. This 0.99-acre parcel has the capacity to accommodate an emergency shelter and the City is supportive of locating an emergency shelter on the parcel. Development standards on this site allow for maximum building heights of four floors/50 feet and floor area ratios of 1.0 would accommodate a building of 24,000 – 43,124 square feet, which would allow for more than enough space to provide an emergency shelter to accommodate the City’s unmet need of 50 beds of emergency shelter.2 However, it is unclear if the process to approve a shelter on this site would meet the by-right requirements of state law. Therefore, Tthe Housing Plan also includes a programan action to identify a replacement site withwith a different zoning district where emergency shelters will be permitted consistent with that meets the requirements of State law in the event that the corporation yard site is approved for development with a use other than an emergency shelter.

In addition to providing the by-right allowance in the Downtown Core Zone, City of Oakley Zoning Code identifies “transitional shelters and homeless shelters consistent with Section 65008 of the Government Code” as uses allowed in multiple-family zones with a conditional use permit (CUP). State law also includes provisions for low barrier navigation centers (LBNCs) to assist persons experiencing homelessness. A LBNC is a type of shelter defined as a “Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.”
California Government Code Section 65662 (AB 101,2019) requires Low Barrier Navigation Center development to “be a use by-right in areas zoned for mixed uses and nonresidential zones permitting multifamily uses” if it meets specified requirements.

Section 65660 of the Government Code defines “Low Barrier” as best practices to reduce barriers to entry, and may include, but is not limited to, the following: 1) the presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth; 2) pets; 3) the storage of possessions; 4) privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms. Oakley’s Zoning Code does not specifically address LBNCs. 2 Based on AB 2339 (Bloom, 2022) calling for a minimum of 200 sf per person 620
OAKLEY HOUSING ELEMENT 2023-2031 REVISED HCD REVIEW DRAFT | JANUARY 2023 CHAPTER 6 | POTENTIAL HOUSING CONSTRAINTS 6-25
On- and Off-Site Improvements
When developing land, the City may require the developer to dedicate land, construct, or pay fees to provide necessary on and off-site improvements. Land dedication, site improvements or fees may be required to provide adequate sanitary sewer and water service to a project, to make necessary transportation improvements, and to provide other infrastructure to the project. In addition, the City may require the payment for various offsite improvements as part of project mitigation measures (e.g., payment towards an offsite traffic signal). Developers of new residential projects are also required to construct all onsite streets, sidewalks, curb, gutter, and affected portions of offsite arterials. The cost for site improvements varies from project to project, based on the specific location and existing infrastructure. For infill projects where infrastructure may already be available, there may be a need to upgrade and/or expand the existing improvements to serve new residential development.

Road classifications and standards are found in the City’s General Plan Circulation Element. They are as follows:
 Major Arterial – 4 or more lanes, 120 foot right-of-way  Minor Arterial – 2 lanes, 76 foot right of way
 Collector – 2 lanes, 70-85 foot right–of-way
 Local Street – 2 lanes, 60 foot right-of-way
Arterials and collectors are designated on the General Plan according to existing and projected needs. Developers are responsible for the development of roadways associated with the residential project. City roadways are required to be paved. Curbs/gutters and drainage facilities direct storm and runoff water out of residential developments.

Development of and connection to municipal water and sewer services are required as a condition of approving tract maps. Water service is necessary for a constant supply of potable water. Sewer services are necessary for the sanitary disposal of wastewater. These off-site requirements allow for the development of much higher residential densities.

The cost for site improvements varies from project to project, based on the specific location and existing infrastructure. For infill projects where infrastructure may already be available, there may be a need to upgrade and/or expand the existing improvements to serve new residential development. On- and off-site improvements in the City of Oakley are consistent with requirements of other cities in the region. While on- and off-site improvements do influence the cost of development, the improvement requirements do not present a constraint to the development of housing in Oakley. These standards have been in place since the City incorporated and have been factored into the cost of development. Housing has continued to develop in Oakley at a faster rate compared to the surrounding region and on- and off-site improvement costs have not hindered projects from moving forward.
621
OAKLEY HOUSING ELEMENT 2023-2031 REVISED HCD REVIEW DRAFT | JANUARY 2023 CHAPTER 8 | HOUSING PLAN 8-5
Objective: Comply with State law and accelerate housing production through clear development standards
Responsible Department: Planning
Financing Source: General Fund
Time Frame: December 2023
ACTION 1.6: DENSITY BONUS ORDINANCE
The City shall continue to use the Density Bonus Ordinance and associated incentives to encourage affordable housing, including housing for seniors and other special needs populations. The City shall review and revise the existing Density Bonus Ordinance in conjunction with the update to the AHO ordinance to comply with current State law, and shall monitor changes in State law annually and revise the Ordinance when required by any future revisions to State density bonus law. [Source: 2015-2023 Housing Element, Policy Action 1.3 [sic]]
Objective: Implement Density Bonus Ordinance in compliance with State law Responsible Department: Planning
Financing Source: General Fund
Time Frame: Update Density Bonus Ordinance by January 31, 2024. Review State density bonus law annually and amend ordinance within the timeframe required by new legislation as necessary to maintain compliance with State law ACTION 1.7: MONITOR DEVELOPMENT FEES
The City shall continue to monitor required development fees including in-lieu fees, development impact fees, and processing fees, with the aim of reducing constraints on the development of affordable housing, including, but not limited to, senior housing, housing for farmworkers, emergency/transitional housing, housing for persons with disabilities (including developmental), single room occupancies, and accessory dwelling units. Where fees are established and administered by regional agencies, such as the Regional Transportation Development Impact Fee, Ironhouse Sanitary District Fee, and Diablo Water District Fee, the City will request the administering agency to review and reduce fees if the City has determined that the agency’s fee is constraining residential development, particularly development of affordable housing and/or housing for special needs groups. [Source: 2015-2023 Housing Element, Policy Action 1.3. Note: Action 1.7 has been added back in per comments from HCD.]
Objective: Reduce constraints on the development of affordable housing Responsible Department: Planning
Financing Source: General Fund
Time Frame: Annual monitoring in conjunction with the Annual Progress Report. If fees are determined to be a constraint, the City shall convene a meeting with regional agencies within three months to identify ways to reduce the constraint on development.
622
REVISED HCD REVIEW DRAFT | JANUARY 2023 OAKLEY HOUSING ELEMENT 2023-2031 8-6 CHAPTER 8 | HOUSING PLAN
ACTION 1.887: AMENDMENTS TO THE DOWNTOWN

SPECIFIC PLAN
The City shall review and amend the Downtown Specific Plan to establish a by-right density for residential development, develop objective development standards that facilitate residential and mixed-use development, allow accessory dwelling units and special needs housing types consistent with State law, and remove internal inconsistencies to ensure development standards are clear and consistent. (New) Objective: Accelerate housing production in the downtown by providing clarity and transparency in the application of development standards Responsible Department: Planning
Financing Source: General Fund
Time Frame: December 20245
623
REVISED HCD REVIEW DRAFT | JANUARY 2023 OAKLEY HOUSING ELEMENT 2023-2031 8-8 CHAPTER 8 | HOUSING PLAN
ACTION 2.3: INFRASTRUCTURE DOWNTOWN-SPECIFIC

INVESTMENT PROGRAM
The City will continue to implement the City’s Capital Improvement Program to ensure that infrastructure facilities are adequately maintained and do not contribute to the deterioration of neighborhoods. The City will continue to invest in infrastructure and capital improvements in Downtown Oakley (e.g., storm drain, sidewalks, crosswalks, lighting, parking, future Amtrak station, and library facility) to improve safety, expand transit access, create new amenities, and encourage new private investment in and around Downtown that increases access to opportunity for low resource neighborhoods in Oakley. [Source: 2015-2023 Housing Element, Policy Action 2.3; modified] Objective: Provide adequate infrastructure and encourage revitalization of Downtown Oakley to improve pedestrian safety and expand access to transit, services, and amenities to residents living in low resource neighborhoods in and around Downtown
Responsible Department: Public Works & Engineering
Financing Source: General Fund, Storm Water Fund, Gas Tax Fund, Street Maintenance and Rehabilitation Fund, Measure J
Time Frame: Ongoing Initiate sidewalk repair and replacement projects in Spring 2023.

Begin demolition of Sheriff’s Substation for new library facility in Spring/Summer 2023.

Release Request for Proposals (RFPs) for Architectural Design and Economic Analysis for new library facility in Summer 2023.

Initiate Downtown storm drain improvement project in Summer 2023.

Initiate street resurfacing and repair in Summer 2023.

ACTION 2.4: MONITOR ASSISTED HOUSING UNITS
The City has not identified any assisted housing units at-risk of converting to market-rate in the 10 years from the start of the planning period. However, the City will continue to maintain a database of assisted housing units and regularly monitor assisted housing units to ensure compliance with affordability requirements. The City shall require projects that received government funding and/or were granted a density bonus to provide at least three years notice prior to the conversion of any deed-restricted affordable rental units to market rate. Annual reports, which are submitted by owners and managers of affordable units, will be reviewed to ensure that all deed restrictions and agreements are in compliance. [Source: 2015-2023 Housing Element, Policy Action

2.4; modified]
Objective: Preserve existing deed-restricted affordable units Responsible Department: Planning
Financing Source: General Fund
Time Frame: Annual monitoring
624
REVISED HCD REVIEW DRAFT | JANUARY 2023 OAKLEY HOUSING ELEMENT 2023-2031 8-10 CHAPTER 8 | HOUSING PLAN
ACTION 3.3: HOUSING CHOICE VOUCHER PROGRAM
The City shall continue to support the Housing Authority of Contra Costa County in its continuing administration of the Housing Choice Voucher (HCV) Program to assist very low-income Oakley households. The City shall collaborate with the Housing Authority on an educational campaign to educate landlords about their obligation to accept vouchers under fair housing laws and to encourage landlords in single-family neighborhoods to actively participate in the HCV Program as a way to affirmatively further fair housing. If feasible, the City shall coordinate with the Housing Authority to explore the creation of inventive based program to encourage landlords to accept housing choice vouchers. [Source: New Action]
Objective: Reduce source of income discrimination and improve housing mobility and access to opportunity by increasinge HCV usage in Oakley’s single-family neighborhoods by 10 new vouchers
Responsible Department: Planning
Financing Source: General Fund
Time Frame: Initiate collaboration with the Housing Authority in 2025; ongoing ACTION 3.4: HOUSING FOR EXTREMELY-LOW INCOME

HOUSEHOLDS AND SPECIAL NEEDS GROUPS
The City shall encourage the development of housing units for extremely low-income households (earning 30 percent or less of the median income for Contra Costa County) and for households with special housing needs, including persons with disabilities and developmental disabilities, farmworkers, and persons/families experiencing or at-risk of homelessness. The City shall encourage the development of housing for extremely low income households utilizing a variety of activities such as outreach to housing developers through individual and group meetings, proactively seeking partnerships with housing developers, providing in-kind technical assistance, providing financial assistance or land write-downs when feasible, providing expedited processing, identifying grant and funding opportunities and providing support to developers in seeking funding, and/or offering additional incentives, such as density bonuses and parking reductions above and beyond those offered in the AHO. [Source: 2015-2023 Housing Element, Policy Action 4.3. Note:

Action 3.4 has been added back in per comments from HCD.] Objective: 50 units of extremely low income and/or special needs housing Responsible Department: Planning
Financing Source: General Fund
Time Frame: Outreach to developers of special needs housing in 2024 and bi-annually thereafter; ongoing support of development projects
625
OAKLEY HOUSING ELEMENT 2023-2031 REVISED HCD REVIEW DRAFT | JANUARY 2023 CHAPTER 8 | HOUSING PLAN 8-11
ACTION 3.554: REASONABLE ACCOMMODATION

PROCEDURES
To accommodate the housing needs of persons with disabilities and provide a streamlined permit review process, the City shall prepare and adopt a reasonable accommodation ordinance. The City shall update the City’s website to specify the City’s procedures for accommodating requests and to include a dedicated contact or application form specific to reasonable accommodation requests. [Source: 2015-2023 Housing Element, Policy Action 4.5]
Objective: Facilitate access to fair housing for persons with disabilities Responsible Department: Planning/Building
Financing Source: General Fund
Time Frame: Adopt reasonable accommodation ordinance by June 2025 ACTION 3.665: ZONING AMENDMENTS FOR SPECIAL

NEEDS HOUSING
The City shall amend the Zoning Code to ensure compliance with State law and encourage special needs housing as follows:
 Allow transitional and supportive housing in the Agricultural Limited zone.  Allow Low Barrier Navigation Center developments by right in mixed-use zones and nonresidential zones permitting multi-unit uses (Government Code Sections 65660- 65668).
 Ensure parking for emergency shelters is based on the number of employees consistent with Government Code Section 65583(a)(4)).
 Allow for the approval of 100 percent affordable developments that include a percentage of supportive housing units, either 25 percent or 12 units, whichever is greater, without a conditional use permit or other discretionary review in all zoning districts where multifamily and mixed-use development is permitted (Government Code Section 65651(a)).
 Reduce constraints for residential care facilities for more than six persons by ensuring inclusion in all residential zones and providing approval certainty and objectivity for housing for persons with disabilities.
 Add provisions ensuring that manufactured homes on permanent foundations are allowed in the same manner and in the same zones as other single family dwellings, consistent with Government Code Section 65852.3.
 Add a broad and inclusive definition of “family” that complies with fair housing laws.

Objective: Compliance with State law
Responsible Department: Planning
Financing Source: General Fund
Time Frame: Within one year of Housing Element adoption 626
REVISED HCD REVIEW DRAFT | JANUARY 2023 OAKLEY HOUSING ELEMENT 2023-2031 8-12 CHAPTER 8 | HOUSING PLAN
ACTION 3.776: ADEQUATE EMERGENCY SHELTER SITES
The City currently (2023) allows emergency shelters as a by-right permitted use on the Civic Center site within the Downtown Specific Plan. The City shall identify an additional zoning district where emergency shelters will be allowed as a by-right, permitted use. The zoning district shall be a residential zoning district and shall have adequate available sites (e.g., vacant site or building that can be converted to a shelter) with capacity to accommodate at least 50 beds of emergency shelter. If the City approves development of a use other than an emergency shelter on the remaining undeveloped parcel on the Civic Center site, prior to issuance of any entitlements, the City shall identify a replacement zoning district that has suitable site(s) to accommodate the City’s emergency shelter need. The Zoning Code, or applicable specific plan, shall be updated to permit emergency shelters within the replacement zoning district or applicable specific plan Emergency shelters shall be permitted consistent with the requirements of Government Code Section 65583. [Source: 2015-2023 Housing Element, Policy Action 4.7, modified] Objective: Monitor Sources of Development Financing
Responsible Department: Planning
Financing Source: General Fund
Time Frame: Ongoing/AnnuallyDecember January 2024
ACTION 3.87: INCREASE CAPACITY FOR CIVIC

ENGAGEMENT
The City shall work to increase capacity for civic engagement with an emphasis on building capacity among historically underrepresented populations. This shall include conducting targeted outreach to affordable housing building leaders on opportunities for civic engagement; considering reinitiating the Oakley Leadership Academy to develop civic leadership, and to build a stronger community through well-informed and engaged residents; and continuing to engage with and support the Oakley Youth Advisory Council (OYAC), which is open to youth that live in Oakley or attend school in Oakley between 6th and 12th grade, to build capacity for civic participation and raise awareness of opportunities to participate in City events. [Source: New Program] Objective: To build capacity for civic engagement among historically underrepresented populations
Responsible Department: Planning
Financing Source: General Fund
Time Frame: Conduct targeted outreach to affordable housing building leaders quarterly starting in 2023.

Work with the OYAC in 2023 to identify ways to reach underserved and underrepresented populations in planning processes such as the General Plan and Housing Element.

Consider initiating Leadership Academy in 2024.
627
OAKLEY HOUSING ELEMENT 2023-2031 REVISED HCD REVIEW DRAFT | JANUARY 2023 CHAPTER 8 | HOUSING PLAN 8-13
ACTION 3.9: TENANTS’ RIGHTS INFORMATION
The City will partner with fair housing organizations to ensure that resident have information about the California Tenant Protection Act of 2019 (AB 1482). Develop print and online educational materials and make materials availability at City facilities, on the City’s website, and at apartment complexes throughout the City. [Source: New Program] Objective: Disseminate information to community and fair housing organizations Responsible Department: Planning
Financing Source: General Fund
Time Frame: January 2025.
628
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
November 29, 2022
Brent Smith, Community Development Director
City of Oakley
3231 Main Street
Oakley, CA 94561
Dear Brent Smith:

RE: City of Oakley 6th Cycle (2023-2031) Draft Housing Element Thank you for submitting the City of Oakley’s (City) draft housing element received for review on August 31, 2022. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a telephone conversation on November 18, 2022, with you, Kenneth Strelo, Planning Manager, and Chelsey Payne and Heidi Gen Huong, the City’s consultants. In addition, HCD considered comments from Campaign for Fair Housing Elements and Yimby Law, and Cox Castle and Nicholson LLP pursuant to Government Code section 65585, subdivision (c).

The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code). The enclosed Appendix describes revisions needed to comply with State Housing Element Law.

For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (February 15, 2023), then any rezoning to make prior identified sites available or accommodate the regional housing needs allocation (RHNA) shall be completed no later than one year from the statutory deadline pursuant to Government Code sections 65583, subdivision (c) and 65583.2, subdivision (c). Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). Please be aware, if the City fails to adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until these rezones are completed.

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly

EXHIBIT C
629
Brent Smith, Community Development Director

available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City meets housing element requirements for these and other funding sources.

HCD is committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact me at [email protected].

Sincerely,
Melinda Coy
Proactive Housing Accountability Chief
Enclosure
630
City of Oakley 6th Cycle (2023-2031) Draft Housing Element Page 1 November 29, 2022

APPENDIX

CITY OF OAKLEY
The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.

Housing element technical assistance information is available on HCD’s website at https://www.hcd.ca.gov/hcd-memos. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at https://www.hcd.ca.gov/building-blocks and includes the Government Code addressing State Housing Element Law and other resources.

A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
The review requirement is one of the most important features of the element update. The review of past programs should analyze the City's accomplishments over the previous planning period. This information provides the basis for developing a more effective housing program. A thorough program-by-program review is necessary to evaluate City's performance in addressing housing goals. Specifically, as part of this analysis, the element should evaluate the effectiveness of programs by quantifying results where possible, compare those results to the objectives projected or planned.

B. Housing Needs, Resources, and Constraints

1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction (Gov. Code, § 65583, subd. (c)(10)(A)) Enforcement: The analysis must describe compliance with existing fair housing laws and regulations and include information on fair housing outreach capacity.

Assessment of Fair Housing: The element provides data and analysis regarding the patterns of various socio-economic characteristics across all components of the required analysis (e.g., segregation and integration, access to opportunity, displacement). However, the element should also discuss and analyze patterns and trends over time across census tracks for the various socio-economic characteristics and provide conclusions based on that analysis to better formulate policies and programs and carry out meaningful actions to Affirmatively Furthering Fair Housing (AFFH).
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Local Data and Knowledge and Other Relevant Factors: The element must include local data, knowledge, and other relevant factors to discuss and analyze any unique attributes about the City related to fair housing issues. Also, the element must include other relevant factors that contribute to fair housing issues in the jurisdiction. For instance, the element could incorporate the historical land use and investment practices and other information and demographic trends outlined in the Introduction and community context section of the housing element to help inform the AFFH analysis.

Access to Opportunity: The element identifies Oakley as mostly a lower and moderate resourced community and identifies several areas of disparities including lower education scores and lack of access to transit. As part of the analysis, the element should incorporate local data and knowledge to identify historic trends that influence these patterns. The element could also describe current community development and other efforts the City is undertaking to address these disparities and include programs to address patterns as appropriate.

Disproportionate Housing Needs, Including Displacement: While the element provides some discussion on cost-burdened households, persons experiencing homeless, and displacement, it must include a complete analysis of households in overcrowded conditions and substandard housing. This analysis should utilize local data and knowledge and other relevant factors. For the analysis of overcrowding the analysis should specially address overcrowding for both homeowners and renters. For substandard housing, the element should discuss areas of the City where proportions of housing units needing rehabilitation may be higher than other areas and should utilize local knowledge.

Sites Inventory: The element must include data on the location of regional housing need allocation (RHNA) sites by income group relative to all fair housing components.

The analysis should address the number of units by income group and location, any isolation of the RHNA by income group, magnitude of the impact on existing concentrations of socio- economic characteristics and discuss how the sites improve fair housing conditions. The analysis should be supported by local data and knowledge and other relevant factors and programs should be added or modified as appropriate to promote inclusive and equitable communities. For example, the element could examine the concentration of moderate income RHNA in the Downtown Specific Plan.

Contributing Factors: The element should re-assess and prioritize contributing factors based on a complete analysis.

2. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) Overpayment: While the element identifies the total number of households overpaying for housing, it must quantify and analyze the number of lower-income households overpaying for housing by tenure (i.e., renter and owner) and add or modify policies and programs as appropriate.
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Housing Conditions: The element identifies the age of the housing stock. However, it must include analysis of the condition of the existing housing stock and estimate the number of units in need of rehabilitation and replacement. For example, the analysis could include estimates from a recent windshield survey or sampling, estimates from the code enforcement agency, or information from knowledgeable builders/developers, including non-profit housing developers or organizations.

3. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)
Progress in Meeting the RHNA: The City’s RHNA may be reduced by the number of new units built, approved, or pending since June 30, 2022; however, the element must demonstrate their availability in the planning period. Availability should address the status, anticipated completion, any barriers to development and other relevant factors such as build out horizons, phasing, and dropout rates to demonstrate the availability or likelihood of development in the planning period.

Sites Inventory: The element lists parcels by various factors such as size, zoning, general plan designation and existing use. However, the description of existing use is generic “e.g., non-vacant” and must include sufficient detail to facilitate an analysis of the potential for addition development on nonvacant sites.

Electronic Sites Inventory: For your information, pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/communitydevelopment/housing-element/index.shtml#element for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance.

Realistic Capacity: While the element provides assumptions of buildout for sites included in the inventory, it must also provide support for these assumptions. For example, the element should demonstrate what specific trends, factors, and other evidence led to the assumptions. The estimate of the number of units for each site must be adjusted as necessary, based on the land use controls and site improvements, typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities.

Suitability of Nonvacant Sites: The element identifies nonvacant sites to accommodate the regional housing need and outline the general methodology for how sites were considered. To demonstrate the redevelopment potential of the sites in the inventory, the element should relate the factors described in the methodology to the characteristics of each site. In addition, a complete analysis must demonstrate the 633
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extent to which existing uses may impede additional residential development. The element should summarize past experiences converting existing uses to higher density residential development, include current market demand for the existing use, provide analysis of existing leases or contracts that would perpetuate the existing use or prevent additional residential development and include current information on development trends and market conditions in the City and relate those trends to the sites identified. (Gov. Code, § 65583.2, subd. (g).) For sites with residential uses, the inventory could also describe structural conditions or other circumstances and trends demonstrating the redevelopment potential to more intense residential uses. For nonresidential sites, the inventory could also describe whether the use is operating, marginal or discontinued, and the condition of the structure or could describe any expressed interest in redevelopment and describe other incentives or standards to encourage additional residential development on these sites.

Suitability and Availability of Infrastructure: While element demonstrates sufficient capacity, it must identify if sites identified have access to existing or planned water, sewer, and other dry utilities supply. (Gov. Code, § 65583.2, subd. (b).) Environmental Constraints: While the element generally describes a few environmental conditions within the City (Table H3-1), it must describe how these conditions relate to identified sites including any known environmental constraints within the City that could impact housing development in the planning period. (Gov. Code, § 65583.2, subd. (b).) Sites with Zoning for a Variety of Housing Types:

Emergency Shelters: The element identifies one City-Owned site to accommodate the emergency shelter need. The element should describe the process that would be necessary to approve an emergency shelter including decision making criteria for approval of the use of the site.

Manufactured Housing: The housing element must demonstrate the jurisdiction's zoning code allows and permits manufactured housing in the same manner and in the same zone as a conventional or stick-built structures are permitted.

4. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. (Gov. Code, § 65583, subd. (a)(5).)
Land-Use Controls: The element must identify and analyze all relevant land use controls and evaluate the cumulative impacts of land use controls on the cost and supply of housing, including the ability to achieve maximum densities and cost and supply of housing. Specifically, the element should describe and analyze the development standards within the Downtown Specific Plan including whether 100 percent residential development is allowed. The analysis should also describe past or current efforts to remove identified governmental constraints.
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Affordable Housing Overlay: The element relies on sites in the Affordable Housing Overlay (AHO). While some information was provided on how the overlay allows residential the element must include a complete description and analysis of the Overlay, including affordability requirements, development standards, and application processing procedures. The elements must also clarify if the maximum density allowed under the AHO is considered the base density for purposes of calculating density.

On/Off-Site Improvements: While the element describes the on and off-site improvement requirements, it does not analyze those requirements on the cost and supply of housing. In particular, the element states that developers are response for various off-site improvements and infrastructure improvements.

Constraints on Housing for Persons with Disabilities: The analysis must describe and analyze any zoning code definitions of family.

C. Housing Programs

1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov. Code, § 65583, subd. (c).)
Programs must demonstrate that they will have a beneficial impact within the planning period. Beneficial impact means specific commitment to deliverables, measurable metrics or objectives, definitive deadlines, dates, or benchmarks for implementation.

Deliverables should occur early in the planning period to ensure actual housing outcomes. All programs should be evaluated to ensure meaningful and specific actions to assist in implementation and include objectives, quantified as appropriate.

In addition, programs should be revised as follows:
• Action 1.4 (Promote Accessory Dwelling Units (ADU)): The program should describe specific actions the City will take to promote the Pre-Approved ADU plans and How-toGuide. • Action 1.6 (Density Bonus Ordinance): The program should provide specific timing for updating the density bonus ordinance.
• Action 1.7 (Monitor Development Fees): The program should have a specific timing for monitoring, include information on how the city will monitor, and depending on the result, commit to actions to mitigate constraints.

2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need 635
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for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding B3, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:

Action 1.8 (Amendment to the Downtown Specific Plan): Given the dependence of the Downtown Specific Plan for sites within the inventory, the City should consider accelerating the development of modifications to this plan. Alternatively, rather than all zoning modifications being completed by 2025, the City could phase zoning modifications that must be made to comply with state law or remove constraints to the development earlier in the planning period.

3. The State Housing Element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderateincome households. (Gov. Code, § 65583, subd. (c)(2).) Action 1.3 (Encourage Development of New Affordable Rental Housing) and Action 3.4 (Housing for Extremely-Low Income (ELI) and Special Needs Groups): These program should be revised to include specific actions on how it will implement this program, timeframes for each action, and objectives and metrics to demonstrate how these housing needs will be addressed.

4. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Finding B4, the element requires a complete analysis of potential governmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.

Action 1.5 (Objective Standards): The program should ensure that when adopted, objective standards should facilitate the development of housing at the densities that will be allowed under the AHO, once amended.

Action 3.6 (Zoning Amendments for Special Needs Housing): The program must specify how it will reduce constraints for residential care facilities for more than six persons. zoning should simply implement a barrier-free definition of family instead of subjecting, potentially persons with disabilities, to special regulations such as the number of persons, population types and licenses. Permitting procedures should ensure inclusion in all residential zones and approval certainty and objectivity for housing for persons with disabilities. 636
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5. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding B1, the element must be revised to add or modify goals and actions based on the outcomes of a complete analysis. In addition, goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions should be revised to include specific commitments, milestones, geographic targeting and metrics or numerical outcomes and, as appropriate, must address housing mobility enhancement, new housing choices and affordability in high opportunity areas, place-based strategies for community revitalization and displacement protection. Given that most of the City is considered a low and moderate resource community, the element could focus on programs that center on place-based strategies for community revitalization, protecting residents from investment-driven displacement, and enhancing housing mobility to encourage the development of more housing choices.

D. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).)
The element must include quantified objectives to establish an estimate of housing units by income category that can be constructed, rehabilitated, and conserved over the planning period. While the element includes objectives for new construction and preservation, it must include objectives for rehabilitation.

E. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).) While the element includes a general summary of the public participation process, the element must also demonstrate diligent efforts were made to involve all economic segments of the community in the development of the housing element. Specifically, the element must describe the efforts to circulate the housing element among lower-income households and organizations that represent them and how the City involved such groups and persons in the element throughout the process. In addition, the element while the element summarizes public comments, it should describe how they were considered and incorporated into the element.
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Contra Costa Water District
PO Box H20
Concord, CA 94524
Antioch Unified School District
Attn: Superintendent
510 G Street
Antioch, CA 94509
Bay Area Rapid Transit
Attn: Project/CEQA Reviewer
300 Lakeside Drive, 16th Floor
Oakland, CA 94612
Bay Area Air Quality Management District
Attn: Project/CEQA Reviewer
375 Beale Street, Suite 600
San Francisco, CA 94105
Byron-Brentwood-Knightsen
Union Cemetery District
Attn: Project/CEQA Reviewer
PO Box 551
Brentwood, CA 94513
California Air Resources Board
Attn: Project/CEQA Reviewer
1001 I Street
Sacramento, CA 95814
BNSF Railroad
Attn: Project/CEQA Reviewer
740 East Carnegie Drive
San Bernardino, CA 92408
Department of Toxic Substance Control
Attn: Project/CEQA Reviewer
700 Heinz Ave. #200
Berkeley, CA 94710
Supervisor Federal Glover
Attn: Project/CEQA Reviewer
190 E 4th St.

Pittsburg, CA 94565
California Department of Fish and Wildlife
Bay Delta Region
Attn: Project/CEQA Reviewer
2825 Cordelia Road #100
Fairfield, CA 94534
Northwest Information Center
Sonoma State University
Attn: Project/CEQA Reviewer
1400 Valley House Dr., Ste. 210
Rohnert Park, CA 94928
PG&E
Attention “Service Planning”
2111 Hillcrest Ave
Antioch, CA 94509

SFBRWQCB
1515 Clay St
Suite 1400
Oakland, CA 94612
Department of Water Resources
Delta Suisun Marsh Office
Attn: Project/CEQA Reviewer
PO Box 942836
Sacramento, CA 94236
City of Antioch
Attn: Project/CEQA Reviewer
PO Box 5007
Antioch, CA 94531
California Public Utilities Commission
Attn: Project/CEQA Reviewer
505 Van Ness Ave.

San Francisco, CA 94102
Union Pacific Railroad
Attn: Project/CEQA Reviewer
915 L Street, Suite 1180
Sacramento, CA 95814
US Bureau of Reclamation
Attn: Project/CEQA Reviewer
Federal Office Building
2800 Cottage Way
Sacramento, CA 95825
Coastal Conservancy
Attn: Project/CEQA Reviewer
1515 Clay Street, 10th Floor
Oakland, CA 94612-1401
Contra Costa County Assessor’s Office
Attn: Project/CEQA Reviewer
2530 Arnold Dr. Ste. 100
Martinez, CA 94553
California Department of Fish and Wildlife
Attn: Project/CEQA Reviewer
2109 Arch Airport Rd
Stockton, CA 95206
Federal Highway Administration
Attn: Project/CEQA Reviewer
650 Capitol Mall Road, Suite 4-100
Sacramento, CA 95814
Department of Water Resources
Levees and North Delta Branch
Attn: Project/CEQA Reviewer
PO Box 942836
Sacramento, CA 94236
US Post Office - Oakley Branch
Attn: Project/CEQA Reviewer
400 Del Antico Ave.

Oakley, CA 94561
Knightsen Elementary School District
Attn: Project/CEQA Reviewer
1923 Delta Road
Knightsen, CA 94548
Contra Costa County Department of
Agriculture
Attn: Project/CEQA Reviewer
2380 Bisso Lane, Ste. A
Concord, CA 94520
Contra Costa County
Conservation and Development
30 Muir Road
Martinez, CA 94553
Contra Costa County Health Services
Attn: Project/CEQA Reviewer
50 Douglas Drive
Martinez, CA 94553
US Fish and Wildlife Service
Attn: Project/CEQA Reviewer
2800 Cottage Way, Room E, 1823
Sacramento, CA 95825
Oakley Seniors
215 Second Street
Oakley, CA 94561
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Adams Broadwell Joseph & Cardozo
601 Gateway Blvd. Suite 1000
South San Francisco, CA 94080
[email protected]
California Native Plant Society
East Bay Chapter
PO Box 5597, Elmwood Station
Berkeley, CA 94705
[email protected]
Carpenter 46 Counties Conference Board
Attn: Project Tracking
265 Hegenberger Rd., Suite 220
Oakland, CA 94621
[email protected]
CC Mosquito and Vector Control District
155 Mason Circle
Concord, CA 94520
[email protected]
Contra Costa Environmental Health
2120 Diamond Blvd. #200
Concord, CA 94520
[email protected]
Diablo Water District
PO Box 127
Oakley, CA 94561
[email protected]
[email protected]
[email protected]
Department of Transportation (Caltrans)
111 Grand Ave.

PO Box 23660
Oakland, CA 94623
[email protected]
City of Brentwood
708 Third Street
Brentwood, CA 94513
[email protected]
[email protected]
US Army Corps of Engineering
Sacramento District
1325 J Street
Sacramento, CA 95814
[email protected]
California Native American
Heritage Commission
1550 Harbor Blvd. Ste 100
West Sacramento, CA 95691
[email protected]

TRANSPLAN
30 Muir Road
Martinez, CA 94553
[email protected]
[email protected]
East Contra Costa Irrigation District
1711 Sellers Avenue
Brentwood, CA 94513
[email protected]
East Bay Regional Park District
PO Box 5381
Oakland, CA 94605
[email protected]
Mt. Diablo Resource Recovery
85 Carol Lane, Oakley, CA 94561
[email protected]
[email protected]
[email protected]
Reclamation District #799
PO Box 353
Bethel Island Rd.

Bethel Island, CA 94511
[email protected]
Delta Protection Commission
2101 Stone Blvd., Ste. 200
West Sacramento, CA 95691
[email protected]
[email protected]
Liberty Union High School
20 Oak Street
Brentwood, CA 94513
[email protected]; [email protected];
[email protected]
California Highway Patrol
5001 Blum Road
Martinez, CA 94553
[email protected]
Western Area Power Administration
114 Parkshore Drive
Folsom, CA 95630
[email protected]; [email protected];
[email protected]; [email protected]
Ironhouse Sanitary District
PO Box 1105
Oakley, CA 94561
[email protected];
[email protected]; [email protected]
[email protected], [email protected]
OUESD
91 Mercedes Lane
Oakley, CA 94561
[email protected]
[email protected]
[email protected]
CA State Department of Conservation
801 K Street
Sacramento, CA 95814
[email protected]
Tri-Delta Regional Transit
Attn: Project/CEQA Reviewer
801 Wilbur Ave.

Antioch, CA 94509
[email protected]; [email protected]
[email protected]

ABAG/MTC
375 Beal Street Suite 700
San Francisco, CA. 94105
[email protected]
Greenbelt Alliance
Zoe Siegal, [email protected]
Victor Flores, [email protected]
Contra Costa County Flood Control
& Water Conservation District
255 Glacier Road
Martinez, CA 94553
[email protected]
Contra Costa County Fire Protection District
4005 Port Chicago Hwy, Suite 250
Concord, CA 94521
[email protected]
Lozeau Drury, LLP
1939 Harrison Street, Suite 150
Oakland, CA 94612
[email protected]
[email protected]
[email protected]
Robert Sarmiento
Contra Costa County
Department of Conservation and Development
Transportation Planning Section
[email protected]
Natural Heritage Institute
Attn: Project/CEQA Reviewer
565 Pennsylvania Ave NW Suite 414
Washington DC 20001
[email protected]
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Paul Seger
Sierra Club Delta Regional Group
[email protected]
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Introduction
The Growth Management Element of the Oakley General Plan addresses a broad range of community issues, with an emphasis on ensuring that public facilities and services are maintained as the City of Oakley grows. As such, this element satisfies the obligations established under Contra Costa County’s 2004 Growth Management Program (referred to as Measure J).

Measure J (2004) is a 25-year extension of the previous Measure C Contra Costa Transportation Improvement and Growth
management Program approved by the voters in 1998.

In addition to the public facilities and services identified within this Growth Management Element, Chapter 3: Circulation
Element, establishes goals, policies, and programs for traffic services, and roadway improvements, bicycle and pedestrian movement, and Transportation Demand Management (TDM)
programs. Chapter 10: Housing Element, includes an expanded list of policies and programs that describe the City’s efforts to foster access to safe, quality housing for people of all income levels.

CONTENTS
 Introduction
 Setting
 Goals, Policies, and
Programs
CHAPTER 4:

GROWTH MANAGEMENT
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Measure J
In November 2004, the voters of Contra Costa
County approved Measure J, thereby approving both
Transportation Improvement and Growth
Management Programs and authorizing a 0.5% sales
tax to fund associated improvement projects. In
order to receive local street maintenance and
improvement funds under Measure J, the County and
each city in the county is required to develop a
Growth Management Element as part of their
General Plan. The overall intent of the Measure J
program is:
 To establish a long-range program matching the
demand for multi-model transportation facilities
to serve new development with plans, capital
improvement programs, and development
impact mitigation programs; and,
 To ensure that growth takes place in a manner
that will ensure protection of health, safety and
welfare of both existing and future residents of
Contra Costa County; and,
 The Urban Limit Line is intended to promote
compact urban development patterns and
restrict the extension of infrastructure into areas
where urban development is not planned.

In order to receive funding under Measure J, each
land use agency within Contra Costa County must
adopt and implement a Growth Management Element that substantially complies with the Contra Costa County Transportation Authority Model Growth Management Element. The City of Oakley has satisfied the Measure J requirement through the adoption of the Oakley 2020 General Plan, and Growth Management Element in December of 2002. The previous requirements of Measure C to receive funding required each land use agency within Contra Costa County to establish policies and standards for traffic levels of service (LOS) and set performance standards for fire, police, parks, sanitary facilities, water, and flood control to generally ensure that adopted standards for public facilities are maintained as the community grows. Although Measure J does not require these policies and standards, they remain adopted.

Growth Management within Oakley
While this element satisfies obligations established under Measure J, the Oakley community has clearly established its commitment to managing new development in a manner that not TOPICS
This Growth Management
Element has been prepared to
meet the requirements of
Contra Costa County
Transportation Authority’s
adopted programs to guide
growth consistent with the
requirements of Measure J. This
element addresses the
following:
 Growth Control
 Facilities Financing
 Community Buildings and
Services
 Fire Protection and
Emergency Services
 Law Enforcement
 Schools
 Solid Waste, Recycling, and
Hazardous Materials
 Water Service
 Wastewater Service
 Drainage
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only ensures adequate public facilities, but also protects the quality of life enjoyed by residents.

As such, substantial treatment of growth management issues is provided in various other elements of this General Plan.
 The Land Use Element and Map establish where different land uses may occur, ensuring compatibility between adjacent uses: requiring the location of more intense uses within proximity to each other; limiting urban sprawl; and protecting natural resources.  The Circulation Element and Map establish where future improvements to the circulation network will occur, ensuring that the City’s roadways can accommodate the increased traffic volumes that accompany growth. The element also identifies improvements to the City’s transit system and pedestrian and bike facilities, providing sufficient mobility options for all users.
 The Parks and Recreation Element provides parameters for improving existing and dedicating future parks and recreation facilities, ensuring that growth areas are sufficiently served by parkland and recreational opportunities.  The Open Space and Conservation Element provides parameters for protecting biological and cultural resources and protecting open spaces, ensuring that growth does not affect these sensitive resources and areas.
 The Economic Development Element identifies the community’s priorities for attracting additional employment-generating uses to locate in the City, ensuring balanced growth.

Consistency with State Law
Authorization for Growth Management Element
California Government Code Section 65302 does not require a Growth Management Element to be included in a General Plan. However, Section 65303 states the following:
"The general plan may include any other elements or address any other subjects which, in the judgment of the legislative body, relate to the physical development of the City." This element has been prepared in conformance with all mandatory requirements of State law and also satisfies the planning obligations established under Contra Costa County’s Measure J.

Relationship to Other Elements of the General Plan
This Growth Management Element is closely related to the Land Use and Circulation Elements.

This Growth Management Element is intended to incorporate the requirements set forth in Measure J-2004. It is also related to the Health and Safety Element, the Housing Element, and the Open Space and Conservation Element.

Consistency with the Health and Safety Element is achieved through goals and polices which afford protection related to police and fire service, threats from flooding, avoidance of health hazards associated with inadequate provisions of potable water and sanitary sewer facilities, and the management of hazardous materials. Consistency with the Housing Element is 646
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achieved through the provision of infrastructure supporting housing. Consistency with the Open Space and Conservation Element is guaranteed through the policies related to prohibiting the premature extension of infrastructure and public services.

Urban Limit Line
As part of the 1996 Contra Costa County General Plan, the County delineated an Urban Limit Line (ULL) to identify areas appropriate for urban expansion. The Measure J (2004) Transportation Expenditure Plan included a Growth Management Plan (GMP) which contained an urban limit line component mandating that local jurisdictions adopt and continuously comply with a voter approved ULL. Measure L (2006) the Contra Costa County Board of Supervisor ULL was passed by a majority of voters in Contra Costa at the November 7, 2006 election. The Measure L ULL was also approved by a majority of voters in the City at the November 7, 2006 election. The City adopted the Measure L ULL by resolution on September 9, 2008. The adoption of the Measure L ULL specifically complies with the purposes of Measure J as follows:
 Ensure the preservation and protection of identified non-urban land, including agricultural, open space, parkland, and other areas, by establishing a line beyond which urban development is prohibited; and
 Link land use decisions with the transportation investments in Measure J by channeling future growth to locations more suitable for urban development; and  Ensure that land use policies within the voter Approved Urban Limit Line effectively promote appropriate development that accommodates the area’s projected housing and job needs in the future.

Housing Options
Consistent with the requirements of Measure J and state Law, Chapter 10: Housing Element, of this General Plan establishes a range of goals, policies and programs that outline the City’s efforts to support balanced housing development in the City. Measure J expands upon the program requirements identified in the Prior Measure C, and requires ongoing reporting to CCTA of the City’s progress in implementing the goals and objectives listed in the Housing Element.

California Government Code Sec. 65400(b) requires the preparation of the annual report summarizing the City’s progress implementing the Housing Element of the General Plan, and the biennial submission of copies of the report to the Contra Costa Transportation Authority as part of the Authority’s Growth Management Plan Compliance Checklist.

Measure J requires that the annual report on the implementation of the Housing element of the General Plan be submitted to CCTA every other year. The report must include the specified housing reporting period and must be submitted to CCTA in one of the following formats:
 The number of housing units approved, constructed or occupied in the City since the beginning of the reporting period, compared to the average number of units needed annually to meet the fair share regional housing need;
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 A description of how the City’s adopted land use, housing, and regulatory plans and programs have provided sufficient opportunities for and removed undue constraints to the achievement of the City’s fair share regional housing need; or  A description of how the plans and policies of the General Plan and the land use regulations of the Zoning Ordinance facilitate the improvement and development of the City’s fair share regional housing need.

Setting
Financing Improvements
The issue of financing capital improvements and funding ongoing public services relates to other elements within the General Plan. The Land Use Element map defines the extent of urban growth and development. The designation of urban land uses will create a proportional need for additional facilities and services.

These additional facilities and services can be funded by a multitude of means, including Capital Improvement Program funds, State and federal funds, developer contributions and fees, etc.

As the City develops, it will be critical that urban development provides appropriate financial contributions and that the City actively pursues alternative funding sources.

City Government and Governmental Services
The City government includes seven departments/offices: City Administration, City Clerk, Community Development, Economic Development, Finance, Human Resources, and Police. The departments are generally located in the Downtown area. The City Administrative Office includes the City Manager’s Office and the Parks and Recreation Division. The Community Development Department includes the Building, Code Enforcement, Engineering/Public Works, and Planning Divisions.

County Offices
Contra Costa County offices are located in the City of Martinez and offer services to the City of Oakley including County Assessor, County Clerk/Recorder, and Treasurer/Tax Collector.

Courts
Superior Courts of California in Contra Costa County are located in Martinez, Richmond, Pittsburg, and Walnut Creek. There are seven State, County, and Municipal Courts in Contra Costa County, two are Justice courts and five are Municipal courts. There are also four small claims courts in the County, which are located in Concord, Pittsburg, Richmond, and Walnut Creek. There are no courts in the City of Oakley.

Libraries
The Oakley Branch library is located in Freedom High School at 1050 Neroly Road. The Oakley Branch Library is open Tuesday through Saturday and offers the following programs: toddler time, picture book time, pajama story time, book buddy, and other special programs. Other libraries in close proximity to Oakley are the Antioch Library and the Brentwood Branch Library. 648
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Fire Protection and Emergency Services
The East County Fire Protection District is located in the eastern portion of Contra Costa County and serves a population of approximately 82,000 residents. The East County Fire Protection District covers all of Oakley and the area to the east of Oakley north of Delta Road, west of Byron Highway, and south of the San Joaquin River channel, as well as other areas in the East County previously served by the East Diablo and Bethel Island Fire Protection Districts.

Oakley is served by Station 53, located at 530 O’Hara Avenue. The District currently has two additional stations serving areas outside Oakley. Fire Station 55 has been constructed and is currently not staffed.

The East County Fire Protection District provides service to structural, wildland, vehicle, and miscellaneous exterior fires; vehicle accidents involving disentanglement and extrication; medical emergencies and hazardous materials incidents.

The Contra Costa County Fire Protection District provides dispatching services for the East County Fire Protection District. Formed through an agreement, this computerized center provides dispatching for fire, rescue, and medical emergencies. The Contra Costa County Fire Protection District also conducts inspections of buildings and properties to ensure fire safety; reviews new construction plans for fire code compliance; fire arson investigation; develops and delivers fire safety and burn prevention programs to school children, senior citizens, community groups, businesses, and industry.

Law Enforcement
Oakley Police Department
The City of Oakley Police Department provides law enforcement and dispatch services. In 2017- 18, the City transitioned from contracting with the County Sheriff’s Office for police services to having its own in-house police department. As of 2020, the City of Oakley has 33 sworn fulltime equivalent (FTE) law enforcement positions, approximately 0.77 FTE sworn personnel per 1,000 population.

The Police Department responds to calls for service, investigate crime, arrests criminal suspects, seek prosecution for criminal acts, and engage in crime prevention strategies with other community stakeholders. Uniformed officers provide proactive patrol operations and actively pursue those involved in illegal activity. Detectives investigate crimes against persons and property, cases involving missing persons, and work closely with neighboring jurisdictions to track the criminal element. Community programs target youth in our schools to encourage responsible behavior and community involvement. The Police Department conducts traffic collision investigations, identifies potential roadway hazards, and works with other City departments to find reasonable traffic calming solutions to alleviate traffic concerns.

Mutual Aid Agreement
The City of Oakley participates with the Mutual Aid Agreement. This program provides for the sharing of resources to respond to significant public safety events. 649
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Public Schools
The City of Oakley is served by the Oakley Union School District, which has seven elementary schools and two middle schools, Liberty Union High School District with one school in Oakley, and Antioch Unified School District, which has three schools with enrollment boundaries in Oakley. Each district regularly updates its development impact fees, facilities needs analyses, and student generation rates. As Oakley grows, additional school capacity will be needed to accommodate new students. Public schools serving Oakley are summarized in Table 4-1.

Table 4-1: Local Public Schools
School Grade level 2019/20 Enrollment
Oakley Union Elementary School District
Almond Grove Elementary
5000 Amaryllis Street, Oakley K-5 541
Delta Vista Middle
4701 Frank Hengel Way, Oakley 6-8 903
Gehringer Elementary
4951 Main Street, Oakley K-5 757
Iron House Elementary
4801 Frank Hengel Way, Oakley K-5 504
Laurel Elementary
1141 Laurel Road, Oakley K-5 447
O’Hara Park Middle
1100 O’Hara Avenue, Oakley 6-8 789
Oakley Elementary
501 Norcross Lane, Oakley K-5 390
Summer Lake Elementary K-5 346
Vintage Park Elementary
1000 Vintage Parkway, Oakley K-5 512
Antioch Unified School District
Orchard Park K-8 School
5150 Live Oak Avenue, Oakley K-8 760
Deer Valley High School
4700 Lone Tree Way, Antioch 9-12 1,886
Dozier-Libbey Medical High School
4900 Sand Creek Road, Antioch 9-12 717
Liberty Union High School District
Freedom High
1050 Neroly Road, Oakley 9-12 2,545
Source: California Department of Education DataQuest, accessed September 2020; Antioch Unified School District Boundary Maps (https://www.antiochschools.net/Page/9237 accessed September 2020; Liberty Union High School District Boundary Maps
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Solid Waste/Recycling and Hazardous Materials Services
Solid Waste/Recycling
Solid waste services are provided to the City of Oakley through a franchise agreement with Mt.

Diablo Resource Recovery, which also serves the cities of Antioch, Brentwood, Concord, and Pittsburg, through the Mt. Diablo Resource Recovery Park. Contra Costa Waste Service, located at 1300 Loveridge Road in Pittsburg, is dedicated to recovery and recycling of as many items as possible.

Mt. Diablo Recycling, a 90,000-square foot facility located in Pittsburg, is 100% dedicated to recycling. As part of the franchise agreement, there is no charge for solid waste services to Cityowned facilities.

Mt. Diablo Resource Recovery reported approximately 19,273 tons of waste disposed per capita for fiscal year 2017.

Increases in the Oakley service area would necessitate adding additional personnel and equipment. Funding for the addition of equipment and drivers would be collected from the increased customer base. Streets in new development areas must be designed to accommodate waste collection vehicles to allow collection of solid waste and recyclables.

Hazardous Materials
The California Integrated Waste Management Board provides facilities throughout Contra Costa County for proper disposal of hazardous materials.

Although not located in Oakley, there are many collection centers in communities nearby that accept used motor oil. There are five collection centers in Antioch and two in Brentwood, as well as numerous other locations within the County.

The Delta Household Hazardous Waste Collection Facility is located in Antioch at 2500 Pittsburg-Antioch Highway and is part of the Delta Diablo Sanitation District. The facility collects many household hazardous items, including used oil, filters, antifreeze, paint, thinners, batteries, lamps, solvents, household cleaners, aerosols, pesticides, and more.

Water Services
The Diablo Water District (DWD) provides water service to Oakley and surrounding areas within its Diablo Water District Sphere of Influence, which includes the Cypress Corridor, Hotchkiss Tract, Veale Tract, and Knightsen, as well as the City of Oakley. Additionally, DWD is the Groundwater Sustainability Agency within its SOI and is responsible for the management and protection of groundwater resources and interconnected ecosystems. The City and its SOI expansion areas are entirely within the DWD boundary.

The DWD 2020 Facilities Plan and 2020 Urban Water Management Plan identify the sources of DWD’s water supply, existing and projected water use, and the storage, treatment, and distribution system needed to serve its customers. DWD’s primary raw water supply for its distribution system is surface water from the United States Bureau of Reclamation (Reclamation) Central Valley Project (CVP) purchased from Contra Costa Water District (CCWD), 651
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DWD’s wholesale supplier. The surface water is treated at the Randall-Bold Water Treatment Plant (WTP) in Oakley, which was designed for an initial capacity of 40 million gallons per day (mgd) with the capability to expand to 80 mgd. Approximately 30 percent of the WTP capacity is allocated to DWD, with the remaining capacity allocated to CCWD.

DWD’s current capacity of 15 mgd from the WTP provides an average day supply of 7.5 mgd.

DWD is entitled to increase its share of the capacity from 15 mgd to up to 30 mgd.

DWD supplements it surface supply with its groundwater supply system, which currently includes two wells with a combined pumping capacity of approximately 4.0 mgd. DWD anticipates two additional 1.5 mgd wells will be developed and additional well water treatment options will be explored to achieve stated pumping capacity.

DWD’s 2020 Facilities Plan indicates that DWD currently serves about 42,000 residents and anticipates serving a 2040 population estimated at about 64,000 persons. In 2019, DWD’s average day demand was 4.9 mgd and the maximum day demand was 10.0 mgd. At buildout, an average day demand of 12.55 mgd and a maximum day demand of 25.1 mgd are forecast.

Water storage, treatment, and distribution facilities will need to be extended under buildout conditions, which is anticipated by the DWD 2020 Facilities Plan.

Groundwater use and quality is managed through a variety of mechanisms, including the Sustainable Groundwater Management Act and the federal Clean Water Act, and the state Porter-Cologne Act. DWD’s groundwater is from the East Contra Costa Subbasin, which is managed under the East Contra Costa Subbasin Groundwater Sustainability Plan (ECCS GSP).

DWD is the Groundwater Sustainability Agency (GSA) that is charged with the implementation of the ECCS GSP for the Oakley area. The ECCS GSP addresses historical and projected water supply, establishes a water budget for historical, current, and projected conditions, establishes sustainable management criteria to address water use and quality, and includes actions and implementation measures.

Wastewater Services
Ironhouse Sanitary District (ISD) resulted from the governmental reorganization of the former Contra Costa County Sanitation District No. 15 and the Oakley-Bethel Island Wastewater Management Authority into the Oakley Sanitary District, renamed the Ironhouse Sanitary District, which was completed on January 31, 1992.

ISD serves the City of Oakley, unincorporated Bethel Island, and other unincorporated areas.

IDS’s boundaries encompass approximately 37 square miles with mixed land uses, including urban and agricultural areas.

ISD’s infrastructure includes gravity and pressure pipelines, pumping stations, the Ironhouse Water Recycling Facility (IWRF). The IWRF is located on 285 acres adjacent to the south side of Big Break and the San Joaquin River; ISD also owns approximately 3,500 acres on Jersey Island.

The IWRF has a current treatment capacity of 4.3 mgd dry weather flow and 8.6 mgd maximum wet weather flow pursuant to California Regional Water Quality Control Board Central Valley Region Order R5-2018-0090, adopted on December 7, 2018. The IWRF’s average influent rate from 2015 through 2017 was 2.4 mgd.
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Significant development has and is expected to occur within ISD’s boundaries, consistent with the City’s General Plan. ISD will continue to be responsible for providing adequate infrastructure for collection, conveyance, treatment, and recycling. This will require that the District implement phased improvements to its infrastructure, including its treatment and recycling facilities, pump stations, force mains, and other pipelines.

Drainage Facilities and Water Quality
The City of Oakley Public Works and Engineering Department provides and maintains the City’s stormwater drainage system and addresses local drainage corridors, while regional corridors and regional drainage basins are managed by the Contra Costa County Flood Control and Water Conservation District (CFCWCD). To control stormwater runoff, detention basins are used throughout Oakley. These basins can be dual use facilities (both storage and recreation).

The City maintains approximately 110 miles of closed storm drain lines and multiple detention basins. The City slopes gradually to the Delta with the highest points nearest the southern boundaries. Regional waters flow through Oakley using the Marsh Creek corridor and other Delta outfalls.

In the Bay Area, the San Francisco Regional Water Quality Control Board (Water Board) regulates the discharge of stormwater runoff from the municipal separate storm sewer systems (MS4) draining into San Francisco Bay through a Municipal Regional Permit (MRP). The current MRP, Order No. R2-2015-0049 adopted in November 2015, covers Alameda, Contra Costa, Santa Clara and San Mateo counties, as well as the cities of Fairfield, Suisun and Vallejo. In Contra Costa County, the Contra Costa Clean Water Program (CWP) coordinates compliance and collaborates on programmatic components of the MRP. The CWP is comprised of Contra Costa County, its 19 incorporated cities and towns, and the County Flood Control and Water Conservation District. Working with the member jurisdictions, the CWP provides services designed to protect water quality by keeping trash and other pollutants from entering drainage systems that ultimately make their way into local creeks, reservoirs, lakes, the Bay, and the groundwater aquifer.

Potential migration of contaminants within or to the groundwater aquifer are also regulated by DWD within its boundaries and sphere of influence, in its capacity as a Groundwater Sustainability Agency.

The City’s flood control and stormwater drainage planning will address growth in the City and future annexations to the City. Areas within the flood zone and other flood hazard areas will require discharges to the Bay which are not addressed in current drainage plans. Future developers can be required to fund the planning process or part of the development mitigation.
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Goals, Policies, and Programs
The following are specific goals, policies, and programs categorized into the following ten subsections: Growth Control, Facilities Financing, Community Buildings and Services, Fire Protection and Emergency Services, Law Enforcement, Schools, Solid Waste, Water Service, Wastewater Service, and Drainage.

GOAL 4.1 GROWTH CONTROL
Provide for the levels of growth and development depicted in the Land Use Element, while preserving and extending the quality of life through the provision of public facilities and ensuring traffic levels of service necessary to protect the public health, safety, and welfare.

Policies

4.1.1. Prior to approval of all projects, demonstrate that traffic levels of service and performance standards outlined in the Circulation Element will be maintained, or that a funding mechanism and timeline has been established which will provide the infrastructure to meet the standards.

4.1.2. If it cannot be demonstrated prior to project approval that levels of service will be met per Policy 4.1.1, the City may consider the development but defer its approval until the standards can be met or assured. In the event that a signalized intersection exceeds the applicable level of service standard, the City may approve projects if the City can establish appropriate mitigation measures, or determine that the intersection or portion of roadway is subject to a finding of special circumstances, or is a route of regional significance, consistent with those findings and/or action plans adopted by the Contra Costa Transportation Authority pursuant to Measure J-2004. Mitigation measures specified in the action plans shall be applied to all projects which would create significant impacts on such regional routes, as defined by the Authority in consultation with local agencies and as permitted by law.

4.1.3. Analyze conformity with the growth management standards for all development projects, such as subdivision maps or land use permits.

4.1.4. Require from all new development, including major modifications to existing development, the construction of all necessary on- or off-site infrastructure and public services needed to serve the project in accordance with City standards.

4.1.5. Direct growth toward areas with existing infrastructure.

4.1.6. The City shall retain the flexibility to determine the most cost effective and efficient manner to provide all public services.
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GOAL 4.2 FACILITIES FINANCING
Ensure responsive and sufficient funding mechanisms for the future development and improvement of public facilities that serve the City of Oakley.

Policies

4.2.1. Permit development only when financing mechanisms are in place or committed which assure that adopted performance standards for public facilities will be met.

4.2.2. Ensure that all future development projects provide public infrastructure and public services that fully serve the needs of the project and address any impacts created by such projects.

4.2.3. Ensure that new development does not adversely affect public facilities or services.

4.2.4. Ensure that future development projects are included in special districts (i.e., lighting, landscaping, etc.), when applicable.

4.2.5. Require new development to pay its fair share of the cost of all existing public facilities and services it utilizes, as appropriate, based upon the demand for these facilities and services that can be attributed to new development.

4.2.6. Require new development to pay all costs of upgrading existing public facilities, constructing new facilities or expanding services that are needed to serve new development.

4.2.7. Financial impacts of new development on public facilities and services should generally be determined during the project review process and may be based on the analysis contemplated under the growth management program (Land Use Element) or otherwise. As part of the project approval, specific findings shall be adopted which relate to the demand for public facilities and services and how the demand affects the service standards included in the growth management program.

4.2.8. Review and update a Capital Improvement Program, which forecasts and prioritizes specific improvements to public facilities that will be built in the City.

4.2.9. Establish a comprehensive financing plan, which seeks to assure that needed public facilities and services are adequately financed, for all development projects within the City. Such financing plans shall be tailored to the scale and complexity of the project.

4.2.10. Recover all costs for administrative and technical services provided in the development review process through the use of fees and charges.

4.2.11. Apply for State, Federal, and regional funding sources, which have been set aside to finance infrastructure costs.

4.2.12. If the City requires developments to install off-site facilities in excess of their fair-share, the City shall consider funding mechanisms to reimburse the developer for the excess costs of such off-site improvements.
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4.2.13. New development should not result in inconsistent street frontage improvements along streets adjacent to and serving the project.

Programs

4.2.A. Review the Transportation Area of Benefit Fee Ordinance to assure consistency with AB1600. Future ordinance amendments should assure that new developments fund a fair share of transportation improvements, which are required to serve new development.

4.2.B. Regularly update the Capital Improvement Program to fund the capital improvements planned for construction over a five-year period, including cost estimates, the phasing of specific improvements and associated costs, and methods with which specific improvements will be financed.

4.2.C. Comment to the sponsoring agency, such as Contra Costa County, adjacent cities, or special districts, on any proposed capital improvements to be located in, or directly adjacent to, Oakley that are found to be inconsistent with the City’s General Plan.

4.2.D. Amend the development review and plan preparation process to include consideration of project impacts upon public facilities and services, and proposed financing methods.

Where negative fiscal impacts are indicated, include specific mitigation measures as conditions of project approval, or carefully consider the appropriateness of approval, consistent with the standards established in this Growth Management Element.

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.

4.2.F. During the development review and approval process, the City may require developments to install off-site facilities in excess of their fair-share. Under such circumstances the City should establish a funding mechanism to reimburse the developer for the excess amount, from future developments that benefit from such improvements. Reimbursements should not be made from the City’s General Fund.

GOAL 4.3 COMMUNITY BUILDINGS AND SERVICES
Assure that high quality civic and community facilities are provided to meet the broad range of needs of Oakley residents.

Policies

4.3.1. Evaluate the need for public assembly and meeting space. The availability of public space shall be assured through coordinated actions of existing service providers.

4.3.2. Seek a balance between social, cultural, and recreational needs of the community when developing new general-purpose public facilities.

4.3.3. Encourage the development of facilities and services to serve the needs of the youth, the elderly, and other special needs groups within the community. 656
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4.3.4. Ensure that high quality library services are maintained for the residents of Oakley.

4.3.5. Encourage the development of quality childcare and pre-school facilities in appropriate locations, especially in conjunction with park and private common areas, schools, and church facilities.

4.3.6. Encourage or develop a coordinated telecommunications system which enhances the availability of information to the Community.

Programs

4.3.A. Utilize Section 65402 of the Government Code to determine if public land acquisitions, sale, or building of new structures are in conformity with the General Plan.

4.3.B. Pursue a full range of methods to finance needed public facilities.

4.3.C. Include places of worship and religious buildings and child-care facilities as conditionally allowable uses in all residential districts in the Zoning Ordinance, subject to provisions of vehicular access and effective buffering from noise, traffic, and other impacts.

4.3.D. Continue to collect a childcare fee from residential development projects and qualifying commercial projects.

GOAL 4.4 FIRE PROTECTION AND EMERGENCY SERVICES
Promote a high level of emergency preparedness to protect public health and safety in the event of a natural or human-caused disaster.

Policies

4.4.1. Promote and encourage the high service level of fire protection services within Oakley.

4.4.2. Require that new development pay its fair share of costs for new fire protection facilities and services.

4.4.3. Identify needed upgrades to fire facilities and equipment during project environmental review and planning activities.

4.4.4. Incorporate analysis of optimum fire and emergency service access into circulation system design to maximize the effectiveness of existing and proposed fire protection facilities.

4.4.5. Require special fire protection measures in high-risk uses (i.e., mid-rise buildings, and those developments where hazardous materials are used and/or stored) as conditions of approval.

4.4.6. Require the provision of fire fighting equipment access to open space areas in accordance with the Fire Protection Code and to all future development in accordance with Fire Access Standards.
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Programs

4.4.A. Fire stations and facilities shall be considered consistent with all land use designations in the General Plan and all zoning districts. The architectural design and landscaping of new fire stations shall be complementary with surrounding land uses.

4.4.B. Participate in discussions regarding fire district annexations, consolidations, and other service management programs.

4.4.C. Request the Fire District to update its five-year plan to maintain consistency with the Oakley General Plan.

4.4.D. Afford fire protection agencies the opportunity to review development projects and submit conditions of approval for consideration to determine whether: 1) there is adequate water supply for fire fighting; 2) road widths, road grades, and turnaround radii are adequate for emergency equipment; and 3) structures are built to the standards of the Uniform Building Code, the Uniform Fire Code, other State regulations, and local ordinances regarding the use of fire-retardant materials and detection, warning, and extinguishment devices.

4.4.E. The Community Development Department shall submit building and development plans for all new construction, including remodeling, to the fire agency to assure that fire safety and control features are included that meet the adopted codes and ordinances of that agency.

4.4.F. Continue to levy fire facility fees for new development in accordance with five-year plan.

4.4.G. Consider establishment of benefit assessment districts or other funding mechanisms for fire protection purposes.

GOAL 4.5 LAW ENFORCEMENT
Provide a high standard of police protection services for all citizens and properties throughout Oakley.

Policies

4.5.1. Police patrol beats shall be configured to assure minimum response times and efficient use of resources.

4.5.2. Incorporate police protection standards and requirements into the land use planning process.

4.5.3. Encourage public participation in crime prevention activities.

4.5.4. The City shall strive to provide sufficient personnel and capital facilities to ensure adequate police protection and appropriate response times.

4.5.5. Require that the Community Development Department refer, as appropriate, development proposals to the Police Department for review and comments. 658
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4.5.6. Support citizen participation within programs such as Neighborhood Watch and Community Oriented Policing and Problem Solving (COPPS).

4.5.7. Set fees to ensure that each dwelling unit, business, and vacant parcel pays a fair share of the cost of police services.

Programs

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).

4.5.B. Consider the use of community service officers to provide law enforcement outreach programs to schools and other institutions.

4.5.C. Consider and recommend, as determined appropriate, guidelines for defensible space design of buildings and major subdivision projects. Such guidelines would address the review of development projects to assure that crime-inviting features are reduced or eliminated.

4.5.D. Seek additional State and Federal funding to augment Oakley law enforcement services.

GOAL 4.6 PUBLIC SCHOOLS
Assure the provision of adequate primary and secondary schools in optimal locations to serve planned growth.

Policies

4.6.1. Work cooperatively with local school districts to promote traffic safety and efficient circulation in the vicinity of school sites.

4.6.2. To the extent possible, new residential development, General Plan Amendments, or Rezoning shall be required to adequately mitigate impacts on primary and secondary school facilities. Exceptions to this requirement may be made if the Planning Agency determines that there are overriding considerations (i.e., provision of low or moderate cost housing) associated with the project.

4.6.3. Encourage the efficient multi-purpose uses of school facilities.

4.6.4. Encourage school districts to seek and receive their fair share of state and/or federal funds for school facilities.

4.6.5. Support the development of quality schools, to the extent possible, by coordinating development review with local school districts including such activities as designating school sites, obtaining dedications of school sites. Consider supporting appropriate local fees, special taxes, and bond issues intended for school construction. 659
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4.6.6. Ensure that school facility impact fees are collected and work with developers and school districts to establish mitigation measures to ensure the availability of adequate school facilities.

4.6.7. School site donation by developers may be encouraged through the use of density transfer or other appropriate land use alternatives.

4.6.8. Work with the school districts to consider alternative funding programs for school facility construction and provision of educational programs.

4.6.9. The hearing body reviewing residential projects shall consider the availability of educational facilities and impact on school capacities.

4.6.10. To the extent possible, school facilities should be sited in conjunction with and adjacent to local parks and trails.

4.6.11. Adequate provision of schools shall be assisted by coordinating review of new development with school districts and other service providers through the project review process, the environmental review process, and through joint planning with local school districts.

4.6.12. Ensure that adequate land is available for acquisition of school sites within one mile of Proposed School Locations as identified on Figure 4-1: Public Facilities and Services.

4.6.13. Promote and encourage options to allow students within Oakley that reside west of Empire Avenue to attend schools located within the City of Oakley.

Programs

4.6.A. Lobby for State financing of new schools within the City.

4.6.B. Work with the interested school districts to ensure that new development contributes, to the extent allowable under State law, its fair and full share of the cost of additional facilities when necessary.

4.6.C. Prepare an education facilities plan, in consultation with the school districts, by year 2005 recommending locations for future school facilities.

4.6.D. During the review of General Plan Amendments, Rezones, Tentative Maps and Specific Plans within one mile of the Proposed School Sites shown in Figure 4-1, the City shall analyze the potential for reserving real property for the appropriate Proposed School Site. Specific sites for schools in undeveloped portions of the Oakley Planning Area, such as the Cypress Corridor Area and the Cypress Corridor Expansion Area, should be identified by the appropriate school district and designated Public/Semi Public in the General Plan by amendment prior to development of 50 percent of the land within a one-mile radius of each designated Proposed School Site.

4.6.E. Amend the General Plan to designate future school site properties to Public/Semi Public once local school districts acquire properties for future school sites. 660
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4.6.F. All Specific Plan applicants must consult with affected school districts to address Proposed Schools. Specific Plans shall designate specific properties for school facilities locations.

4.6.G. All predominantly residential development proposals involving more than 200 acres of land must analyze the need for and designate as appropriate school facility sites based upon identified Proposed School Sites. The City must determine that appropriate consultation has occurred between the developer and the affected school district(s) and that adequate provisions have been made to accommodate designated Proposed Schools.

GOAL 4.7 SOLID WASTE, RECYCLING, AND HAZARDOUS

MATERIALS
Promote and seek to assure the provision of safe, efficient, and cost-effective removal of waste from residences, businesses, and industry.

Policies

4.7.1. Promote the reduction of the amount of waste disposed of in landfills by: 1) reducing the amount of solid waste generated (waste reduction); 2) reusing as much of the solid waste as possible (recycling); 3) utilizing the energy and nutrient value of the solid waste (waste to energy and composting); and 4) properly disposing of the remaining solid waste (landfill disposal).

4.7.2. Support the diversion of as much waste as feasible from landfills through recovery and recycling.

4.7.3. Encourage the development of waste transfer, processing, and disposal facilities which satisfy the highest established environmental standards and regulations.

4.7.4. Minimize the potential impacts of waste collection, transportation, processing, and disposal facilities upon residential land uses.

4.7.5. Consider solid waste disposal capacity in land use planning and permitting activities, along with other utility requirements, such as water and sewer service.

4.7.6. Encourage solid waste resource recovery (including recycling, composting, and waste to energy) so as to extend the life of sanitary landfills, reduce the environmental impact of solid waste disposal, and to make use of a valuable resource, provided that specific resource recovery programs are economically and environmentally desirable.

4.7.7. If new waste disposal facilities are proposed within Oakley, then such facilities should be designed, developed, and operated in a manner that is compatible with surrounding land uses and minimizes potential impacts to existing and future residents.
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ÆΕ
ÆΕ Æ
Ε
Æ
Η
ÆΕ ÆΕ
UP RR
Summer Lake
Elmentary
Blvd
Jersey Island Rd
Delta Rd
Empire Ave
Neroly Rd
Sellers Ave
Rose Ave
Brown Rd
E Cypress Rd
UV160
MainSt
Main St
Tule Ln
Laurel Rd
W Cypress Rd
Vintage Pkwy
UV4
L vi eOakAve
E Cypress Rd
Oakley Rd
W alnut MeadowsDr
O'HaraAve
Gateway Rd
Malicoat Ave
TaylorRd
Neroly Rd
Knightsen Ave
Bethel Island Rd
Sandmound

AT & SF RR
Carpenter Rd
Brownstone Rd
Wilbur Ave
Wild Horse Rd
Vintage Parkway
Elementary
Orchard
Park School
Oakley
Elementary
O'Hara
Park
Delta Vista
Iron House
Elementary
Almond
Grove
School
Gehringer
Elementary
Freedom
High School
Laurel
Elementary

L E G E N D
Oakley City Limit
Oakley Sphere of Influence
Oakley Planning Area
Urban Limit Line
Electric Transmission Line
Recycling Facility
Waste Facility
!op Water Facility
ca Police Station
©
! Fire Station
ñ Civic Center
!R Recreation Center
ÆΕ Elementary School
Æ
Μ Middle School
Æ
Η High School
Sources: City of Oakley; Contra Costa County; USGS National Map; California Energy Commission; Google Maps. Map date: December 8, 2020 Taylor Slough
Dutch Slough
Big Br e a k
San J o a qu in Ri v e r
Delta Cove
Contra Costa Canal
Contra Costa Canal
Marsh
Creek
Marsh
Creek
Summer
Lake
Public Facilities and Services
Figure 4-1:
0 ½ 1
Miles
Z
662
4-20
This page is intentionally left blank.
663
4-21

4.7.8. Solid waste disposal sites shall be designed and operated to provide useful sites after completion of disposal operations. Re-use of sites for outdoor recreation and open space, where feasible, shall be encouraged.

4.7.9. Avoid solid waste hauling on collectors and local streets through residential areas.

4.7.10. The handling and storage of hazardous materials shall be identified and monitored by the local fire agencies.

Programs

4.7.A. Encourage and promote school and community programs that promote recycling.

4.7.B. Ensure that solid waste activities in Oakley are carried out in accordance with the Contra Costa County Solid Waste Management Plan and are coordinated with other jurisdictions.

4.7.C. Prepare recycling and composting plans to show how the City intends to help meet the goals in the Contra Costa County Solid Waste Management Plan.

4.7.D. Ensure the health and safety of the public by inspecting solid waste facilities and equipment on a regular basis.

4.7.E. Review, and amend if necessary, the Zoning Ordinance and other code sections to ensure that waste disposal facilities are regulated to preclude all nuisance and unsightly conditions.

4.7.F. Review and amend existing ordinances and procedures to ensure that the review and approval of development applications is carried out in accordance with the applicable goals, policies, and implementation measures in the Contra Costa County Solid Waste Management Plan.

GOAL 4.8 WATER SERVICES
Assure the provision of potable water availability in quantities sufficient to serve existing and future residents.

Policies

4.8.1. Coordinate future development with all water agencies to ensure facilities are available for proper water supply.

4.8.2. Encourage the development of locally controlled supplies to meet the growth needs of the City.

4.8.3. Encourage the conservation of water resources throughout the City.

4.8.4. Ensure that new development pays the costs related to the need for increased water system capacity.

4.8.5. Ensure that water service systems be required to meet regulatory standards for water delivery, water storage, and emergency water supplies.
664
4-22

4.8.6. Encourage water service agencies to establish service boundaries and to develop supplies and facilities to meet future water needs based on the growth policies contained in the General Plan.

4.8.7. Encourage urban development within the existing water district Spheres of Influence adopted by the Local Agency Formation Commission; expansion into new areas within the Urban Limit Line beyond the Spheres should be restricted to those areas where urban development can meet all growth management standards included in this General Plan.

4.8.8. Discourage the development of rural residences or other uses that will be served by well water or an underground domestic water supply, if a high nitrate or arsenic concentration that exceeds the maximum contaminant level for drinking water is found following County Health Services Department testing.

4.8.9. Encourage rural residences currently served by well water or an underground domestic water supply, to connect to municipal water service when it becomes available. Upon connection to municipal water service, any water well(s) may be maintained for irrigation purposes only.

4.8.10. Identify and develop opportunities, in cooperation with water service agencies, for use of non-potable water, including ground water, recycled water, and untreated surface water.

4.8.11. Coordinate with the DWD Groundwater Sustainability Agency to identify, monitor, and address land uses and activities that could result in contamination of groundwater supplies to minimize the risk of such contamination.

4.8.12. Reduce the need for water system improvements by encouraging new development to incorporate water conservation measures to decrease peak water use.

4.8.13. Encourage the use of recycled water as a supplement to existing water supplies.

4.8.14. All proposals for development, including requests for building permits, within 1,000 feet of the Contra Costa Canal property line shall be referred to Contra Costa Water District for comment to ascertain the District’s standards for the proposed development project.

Programs

4.8.A. At the project approval stage, the City shall require new development to demonstrate that adequate water quantity and quality can be provided. The City shall determine whether 1) capacity exists within the water system if a development project is built within a set period of time, or 2) capacity will be provided by a funded program or other mechanism. This finding will be based on information furnished or made available to the City from consultations with the appropriate water agency, the applicant, or other sources.

4.8.B. Encourage water service agencies to meet all regulatory standards for water quality prior to approval of any new connections to that agency. 665
4-23

4.8.C. Cooperate with DWD Groundwater Sustainability Agency and other regulatory agencies to control point and non-point water pollution sources to protect adopted beneficial uses of water and groundwater.

4.8.D. Encourage water serving agencies to prepare written drought contingency plans and hold public hearings on these plans. These plans should identify the size of needed drought capacity reserves. In requests for capacity verification for new development, the City shall require that the serving agency exclude these reserves from its operating capacities for the purpose of the verification.

GOAL 4.9 WASTEWATER SERVICES
Assure the provision of sewer collection, treatment and recycling facilities that are adequate to meet the current and projected needs of existing and future residents.

Policies

4.9.1. Coordinate future development with the Ironhouse Sanitary District to ensure facilities are available for proper wastewater management.

4.9.2. Wastewater treatment should preserve, and to the extent feasible, enhance water quality and the natural environment.

4.9.3. Encourage beneficial water reuse to improve regional groundwater quality. Such wastewater reclamation concepts shall be incorporated into resource management programs and land use planning.

4.9.4. Reduce the need for wastewater collection and treatment associated with future growth by requiring new development to incorporate water conservation measures, which reduce flows into the sanitary sewer system.

Programs

4.9.A. Require new development to pay its fair share of the cost of on- and off-site infrastructure. This shall include installation of necessary public facilities, payment of impact fees, and participation in a Capital Improvement Program.

4.9.B. Encourage sewer service agencies to establish service boundaries and develop treatment facilities to meet the future service needs based on the growth policies contained in the City of Oakley General Plan.

4.9.C. Discourage development of rural residences served by septic tank and leach fields.

4.9.D. At the project approval stage, require new development to demonstrate that wastewater treatment capacity can be provided. The City shall obtain assurance that 1) capacity exists within the wastewater treatment system if a development project is built within a set period of time, or 2) capacity will be provided by a funded program or other mechanism. This finding will be based on information furnished or made available to 666
4-24
the City from consultations with the Ironhouse Sanitary District, the applicant, or other sources.

4.9.E. Identify and develop opportunities, in cooperation with Ironhouse Sanitary District and water service agencies, for using reclaimed wastewater.

GOAL 4.10 DRAINAGE FACILITIES AND WATER QUALITY
Protect persons and property from the damaging impacts of flooding.

Policies

4.10.1. Work cooperatively with Contra Costa County Flood Control and Water Conservation District (CFCWCD) to ensure and enhance flood protection in the City of Oakley.

4.10.2. Pursue and achieve compliance with all regional, State, and Federal regulations related to flood control, drainage, and water quality, including groundwater quality.

4.10.3. Continue to work cooperatively with Contra Costa Water District to address potential issues associated with the Contra Costa Canal and adjacent lands, including flooding, water quality, and drainage.

4.10.4. Pursue responsible and adequate financing for implementation of the Drainage Plan.

4.10.5. Improve and expand the functionality of Marsh Creek as a major drainage corridor.

4.10.6. Develop new drainage facilities and/or improvements to existing facilities to provide additional recreational or environmental benefit, where possible.

4.10.7. Land use planning and zoning should be the primary means for flood management in preference to structural improvements, where possible.

4.10.8. Detention basins should be designed for multiple uses such as parks and playing fields when not used for holding water, where possible.

4.10.9. Detention basin design shall ensure that water entering the basin outflows completely within a specified time, thus minimizing standing water or long-term saturation within the basin.

4.10.10. In conjunction with Contra Costa County Flood Control and Water Conservation District (CFCWCD), Reclamation District 799, and other entities as appropriate, continue to implement a Drainage Master Plan in the East Cypress Corridor Specific Plan Area and develop and implement a Drainage Master Plan for the Cypress Corridor Special Planning Area.

4.10.11. Develop open bypass channels, detention basins, and all drainage facility rights of way as an asset to the development or adjacent neighborhood, e.g. as a secondary recreation use.

4.10.12. In conjunction with CFCWCD and, in relation to groundwater quality issues, with DWD, develop flood control plans and identify discharge points for unincorporated areas 667
4-25
annexed by the City of Oakley. Ensure that flood control implementation and maintenance are performed.

Programs

4.10.A. Implement and update, as necessary, the applicable Drainage Plans for formed drainage areas within the City of Oakley.

4.10.B. Actively participate in the Joint Municipal National Pollutant Discharge Elimination System (NPDES) program with the City of Antioch, City of Brentwood and East Contra Costa County.

4.10.C. Pursue improvement of existing levees within the City and, as appropriate, compliance and certification from the United States Army Corps of Engineers.

4.10.D. Adopt and update, as necessary, development fees for drainage improvements for all new development in the City.

4.10.E. Pursue funding from public agencies and other grant sources to plan, design, and implement flood control improvements.

4.10.F. Require, upon development, the dedication of property or drainage easement adjacent to Marsh Creek to be used to increase width and capacity of the stream corridor.

4.10.G. Coordinate a study of Marsh Creek to determine appropriate strategies for improving, expanding, and managing the stream corridor to enhance aesthetic, biological and recreational qualities, as well as providing drainage and flood control.

4.10.H. Review development projects and drainage infrastructure to ensure that projects are designed to protect and enhance groundwater quality consistent with regional, state, and federal requirements.

4.10.I. Review and update the Stormwater Management and Discharge Control Ordinance (Title 6 Chapter 11) of the Municipal Code, to reflect the most recent federal and State standards relating to stormwater management, including incorporating best management practices related to use of low impact development and green infrastructure techniques.

4.10.J. For areas of proposed development that are not within an existing formed drainage area, require that Drainage Master Plans be prepared that include: detailed hydrologic modeling that considers land use, existing facilities, soil, and topographic data; descriptions of proposed flood control facilities; compliance with waste discharge requirements; cost estimates and construction schedule; and identification of which agency is responsible for facility design and construction, Clean Water Program compliance, and facility maintenance.
668

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 22, 2025
TO: Joshua McMurray, City Manager
FROM: Paul Beard, Chief of Police
SUBJECT: Annual Report of Military Equipment Usage- 2024 Background and Analysis
On January 1, 2022, AB 481, which governs the funding, acquisition, and use of military equipment by law enforcement agencies in the state of California, became effective. AB 481 specifically requires all law enforcement agencies in California to obtain the approval of their respective governing bodies before funding, acquiring, or using equipment now defined under AB 481 as “military equipment.” The Oakley Police Department adheres to AB 481 via Oakley Police Policy 707.

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

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

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

Within 30 days of submitting and publicly releasing the annual military equipment report, the law enforcement agency must hold “at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report” and the funding/use of equipment. This community engagement meeting is scheduled for May 8, 2025 at the City of Oakley City Hall Council Chambers, 3231 Main Street, Oakley, Ca. 94561. The meeting will start at 6:00PM.

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

Approved and Forwarded to the
City Council
669

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Fiscal Impact
The total fiscal impact, during 2024, on the City of Oakley to purchase military equipment, and supportive items is as follows:
 Nine (9) SIG 516 rifles $23,436
 12,000 rounds .223/5.56mm 55 gr. ammunition $5,688
 1,000 rounds of .223/5.56mm 69 grain ammunition $987
o TOTAL $30,111
Staff Recommendation
The Oakley City Council should provide comments and input to staff on the 2024 Annual Military Equipment Report.

Attachments

1. Oakley Police Department 2024 Annual Military Equipment Report

2. Oakley Police Department Policies regarding Military Equipment 670

OAKLEY POLICE

DEPARTMENT
2024 ANNUAL

MILITARY

EQUIPMENT
REPORT

CHIEF PAUL BEARD

671
1 TABLE OF CONTENTS
Introduc? on 2
Defini? ons 3
Summary of Military Equipment 5
Current Inventory of Specialized Firearms and Ammuni?on 7 (rifles, 40mm launchers, related ammuni? on)
Unmanned Aerial Vehicles 9
2024 Military Equipment Purchase & Training Use 11
2024 Military Equipment U? liza? on 12
Community Concerns and Complaints 13
Internal Military Equipment Inventory & Audit 14
Projected Military Equipment Acquisi? on (2025) 15
An?cipated “re?rement” of Military Equipment 17
Conclusion 17
672
2 INTRODUCTION
On September 30, 2021, the Governor of the State of California approved Assembly Bill 481 (codified as Chapter 12.8 of the California Government Code) requiring law enforcement agencies such as the Oakley Police Department to have a military use policy approved by the City Council prior to reques?ng, seeking funding, acquiring, or using military equipment. Assembly Bill 481 allows the governing body to approve the policy within its jurisdic?on only if it determines that the military equipment meets Specified standards.

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

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

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

This Annual Report outlines the Oakley Police Department’s military equipment inventory and usage, community complaints over use of military equipment, and internal audits from January 1, 2024 through December 31, 2024. The Oakley Police Department will submit its Military Equipment Annual Report to City Council a? er December 31st of every year in compliance with AB 481. 673
3 DEFINITIONS
Defini?ons of Military Equipment established by California Government Code §7070. The Oakley Police Department u?lizes a limited number of the resources listed (bolded and underlined below):

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

This does not include a handheld, one-person ram
 Firearms and ammuni?on of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammuni?on
 Specialized firearms and ammuni?on of less than .50 caliber, including firearms and accessories iden?fied as assault weapons in Penal Code §30510 and Penal Code §30515, with the excep? on of standard-issue firearms  ^^^This sec?on relates to our patrol rifles^^^
 Any firearm or firearm accessory that is designed to launch explosive projec?les  Noise-flash diversionary devices and explosive breaching tools 674
4  Muni?ons containing tear gas or OC, excluding standard, service-issued handheld pepper spray
 Taser Shockwave, microwave weapons, water cannons, and long-range acous?c devices (LRADs)
 Kine? c energy weapons and muni? ons (e.g. 40MM launcher, bean bag shotgun, foam ? pped projec? les)
 Any other equipment as determined by a governing body or a state agency to require addi?onal oversight.
675
5 SUMMARY OF OAKLEY POLICE MILITARY

EQUIPMENT
Overview:

In regards to the usage of military equipment, as defined by the California Penal Code, the Oakley Police Department currently only uses patrol rifles (Penal Code 30510 & 30515), 40mm launchers, unmanned aerial vehicles (UAV’s) and the support equipment associated with each one of these items.

Specialized Firearms and Ammuni? on
Authorized Use:

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

Purpose:

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

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

Training:

Prior to the use of the specialized firearms listed within this sec?on, all officers must be cer?fied by POST instructors in the maintenance and opera?on of such firearms.
676
6 Legal and Procedural Rules:

Use of specialized firearms and ammuni?on is established under Oakley Police policies #300, #303, #306, and #707. It is the policy of this Department to u?lize specialized firearms only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.
677
7 CURRENT INVENTORY OF SPECIALIZED FIREARMS
AND AMMUNITION:

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

RIFLES QUANTITY COST
COLT AR-15 16 $41,664 ($2,604 ea.)
SIG 516 (AR-15 style) 25 $65,100 ($2,604 ea.)
BUSHMASTER AR-15 1 $2,604 ($2,604 ea.)
40mm launchers
Firearms that are capable of firing less lethal 40mm projec?les.

LAUNCHER TYPE QUANTITY COST

LEWIS, MACHINE
& TOOL CO.

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

DEFENSE

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

BRAND CALIBER TYPE QUANTITY COST
Winchester 5.56x45mm 55 gr. FMJ 28,000 $13,200
Winchester 5.56x45mm 64 gr. SP 7,800 $6,396
Defense
Technologies
40mm Exact Impact
Kine?c Energy
Muni?on
27 $620
678
8 Expected Life Span:

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

Annual maintenance is approximately $50 for each rifle. 679
9 Unmanned Aerial Vehicles
Descrip? on, quan? ty, capabili?es, and purchase cost:

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

UAV inventory

MAKE MODEL QUANTITY AGE ESTIMATED

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

To be deployed when its technological advantages view would assist officers or incident commanders with the following situa?ons, which include but are not limited to:
 Major collision inves?ga?ons
 Emergency Life Threatening Situa?ons
 Search for missing persons
 Natural disaster management
 Crime scene photography
 SWAT, tac?cal or other public safety and life preserva?on missions.  In response to specific requests from local, state or federal fire authori?es for fire response and/or preven?on.
680
10 Authorized Use:

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

Fiscal Impact:

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

Training:

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

Legal and Procedural Rules:

Use is established under the FAA Regula?on 14 CFR Part 107. 681
11 Equipment Purchase and Training Use
2024 Purchases
Military
Equipment
Quan?ty Cost Date of Purchase
Winchester .223
caliber 55 gr. FMJ
ammuni?on
12,000 rounds $5,688 3/13/24
Winchester .223
caliber 69 gr. BTHP
ammuni?on
1,000 $987 3/13/24
SIG516 rifle, 5.56
caliber
9 $2,604 ea.
($23,436)
6/4/24
2024 Training/ Military Equipment U?lized
Training Military
Equipment
Quan?ty Date
Drone training Drones 2 hours January 3, 2024
Drone training Drones 2 hours February 7, 2024
Drone training Drones 2 hours March 6, 2024
Drone training Drones 2 hours April 24, 2024
Rifle Training Rifles 2,000 rounds May 9/10, 2024
Drone training Drones 2 hours June 19, 2024
Drone training Drones 2 hours July 31, 2024
Drone training Drones 2 hours September 25,
2024
Drone training Drones 2 hours October 30, 2024
Rifle Training Rifles 1,200 rounds November 21/22,
2024
Patrol Rifle
Instructor School
(1 student)
Patrol Rifle 40 hours/700
rounds
December 3-6,
2024
682
12 2024 Military Equipment U? liza? on

DATE MILITARY EQUIPMENT INCIDENT
January 22, 2024 Drone Subject at Freedom HS with a
possible gun in Backpack
Subject located
February 20, 2024 Drone Stolen vehicle pursuit suspect
located and arrested
February 22, 2024 Drone Vehicle Pursuit suspect not
located
March 1, 2024 Drone Outside assist for Brentwood
PD foot pursuit of a wanted
suspect
April 9, 2024 Drone Warrant Service on Escher
Cir. Suspect arrested
May 8, 2024 Drone Missing Adult possible
suicidal last scene near
An?och Bridge. Located in
Pleasant Hill
September 2, 2024 Drone Outside assist for Brentwood
PD on a brandishing suspect
September 6, 2024 Drone Missing Juvenile on Elm
Ln. Juvenile located
October 9, 2024 Drone Suicidal Juvenile le?
residence on foot. Located
off Teakwood
December 5, 2024 Drone Missing 2 ½ year old off
Daffodil. Located near
Diamond Hills
December 10, 2024 Drone Warrant Service (outside
assist) off Li? leton. Suspect
located and arrested
December 13, 2024 Drone Vehicle Pursuit of stolen
vehicle. Suspects located
found to be armed with a
handgun
683
13 Community Concerns and Complaints
In some instances, the possession and use of military equipment may cause ques?ons and/or concerns for members of the community. It is vitally important that community members’ ques?ons and/or complaints regarding Oakley Police Department’s possession and use of military equipment are addressed.

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

In June of 2022, the Oakley Police Department published its Military Equipment policy on its website. Community concerns and complaints can be made via the Department’s ?pline- [email protected], in-person at the police department or in the field during police contacts, telephone, emails and social media. 2024 Community Concerns, Complaints & PD Internal Inves? ga? ons Related to Military Equipment Use
Community Concerns Complaints PD Internal
Inves? ga? ons
0 0 0
684
14 Internal Inventory & Audit of Military Equipment
Per Oakley Police Department policy 707.3 (c) the Department’s military equipment coordinator, designated as the Opera?ons Division Commander, is required to complete an internal inventory of all military equipment within the possession of the Department at least once annually. An audit of the inventory and use of military equipment was completed on April 16, 2025 by the Opera?ons Division Commander and staff.

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

All current military equipment inventory was found to be in good shape and working order.
685
15 Projected Military Equipment Acquisi? on (2025)
For 2025 (January- December), the Oakley Police Department projects the purchase of addi?onal Military Equipment, consis?ng of SIG 516 (AR-15 style), or Mil-Spec equivalent semi-automa?c rifles and .223/5.56x45mm ammuni?on.

The Oakley Police Department staffing has grown significantly. By July 2025 it is expected the Oakley Police Department will have 42 sworn officers from the Chief down to the most junior officer. The purchase of the addi?onal semi-automa?c rifles is necessary to make sure every sworn officer has a rifle assigned to him/her and to facilitate the “re?rement” of older rifles that are deemed to no longer be serviceable.

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

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

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

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

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

The es?mated purchase price of six (6) new rifles is $15,624.00. That pricing includes all of the suppor?ng equipment that is needed for a rifle (holographic sights, flashlights, slings, pouches etc…)
I an?cipate spending approximately $8,738 on .223/5.56x45mm ammuni?on in 2025. The breakdown of that an?cipated ammuni?on consists of:
 15,000 rounds of training ammuni?on
o OPD will increase their training days this year and will expend more training ammuni?on than in previous years
 2,000 rounds of duty ammuni?on
686
16 An?cipated 2025 Military Equipment Acquisi? ons
Military Equipment Projected Purchase
Quan?ty
Projected Purchase Price
SIG/or Mil-Spec
Equivalent semiautoma?c rifles,
chambered in

5.56x45mm
6 $15,624
Winchester
.223/5.56x45mm 64 gr.
“power point”
ammuni?on
2,000 rounds $1,628
Winchester
.223/5.56x45mm 55 gr.

FMJ ammuni?on
15,000 rounds $7,110
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17 An? cipated re?rementof Military Equipment
The Oakley Police Department has been deploying several rifles that were assigned to the Oakley Police Department when the City of Oakley contracted police services with the Contra Costa County Office of the Sheriff. Those rifles were brought online between 2004-2009. It is my intent to replace (re?re) those rifles during FY2025-2026. Those rifles number approximately six (6).

Conclusion
This Annual Military Equipment Report reaffirms the Oakley Police Department s commitment to providing transparency and informa?on to our communi?es and elected officials in addi?on to ensuring compliance with California State law. The equipment, resources, and training outlined in this report allow Oakley Police Officers to be? er serve and protect Oakley, enhance the safety of officers and the community and bring cri?cal incidents to a safe resolu?on. 688
Policy
707
Oakley Police Department
Policies
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Published with permission by Oakley Police Department
Military Equipment - 1
Military Equipment
707.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
707.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

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

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
689
Oakley Police Department
Policies
Military Equipment
Copyright Lexipol, LLC 2025/03/18, All Rights Reserved.

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

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
707.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department, this list is not meant to imply the Oakley Police Department owns/uses each type of the following equipment, but the Oakley Police Department may take into possession any of the listed types of equipment as certain needs arise and by authority of the Chief of Police:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. 690
Oakley Police Department
Policies
Military Equipment
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Published with permission by Oakley Police Department
Military Equipment - 3
• Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
707.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 707.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 691
Oakley Police Department
Policies
Military Equipment
Copyright Lexipol, LLC 2025/03/18, All Rights Reserved.

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

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