Oakley City Council
April 28, 2026

223111 Stonecreek Oakley Stormwater Report 11-09-2023.docx Figure 1. Stonecreek Existing Conditions/Drainage Management Areas Under pre-project conditions, land uses in the surrounding areas included in the analysis are agricultural and low-density residential. Current drainage consists of overland flow over grassland with a gentle eastward slope. Under existing conditions, DMAs 1 through 4 generally drain northeasterly to concentrate near the northeast corner of their respective parcels and DMA 5 drains northwesterly to concentrate near the northwest corner of the parcel (see Appendix A Plate I for pre-project flow paths). 554
Balance Hydrologics, Inc.

Jeff Schroeder
November 9, 2023

223111 Stonecreek Oakley Stormwater Report 11-09-2023.docx Under post-project conditions, stormwater originating within the proposed subdivision is designed to drain to a stormwater basin in the northeast corner of DMA 1. This basin will be designed to handle flood control and water quality per the Contra Costa County Stormwater C3 manual. Note that hydrograph modification control is not required in this case due to the fact that the runoff will ultimately be discharged to Marsh Creek, which is a recognized exempt engineered channel. Balance Hydrologics’ role in these analyses is to solely investigate flood control adequacy of the basin, and CBG is to further assess water quality treatment as required. The stormwater will exit the basin via force-main and tie into the 42” existing stubbed storm line on Teton Road. The previous hydrology report by Balance Hydrologics (2006) planned on up to 20 cfs routed to the Teton Road tie-in; at that time, the City of Oakley approved the plan and indicated there was sufficient capacity to accept 20 cfs. The Teton Road storm drain is then routed to another detention basin to the northeast (part of an existing development) which ultimately is conveyed to Marsh Creek.

Under future conditions, the surrounding parcels on DMAs 2 to 5 are assumed to be developed similarly to DMA 1. According to the Contra Costa County Stormwater Master Plan, the eastern half of DMA 4 is within the boundary of DA 52 and the west half is within the boundary of DMA 52D. This will result in approximately 10 acres of the unplanned area DA 52 draining to Marsh Creek. It is understood from communication with the city that the Flood Control District will revise the drainage area map to reflect this change. Note that a parcel within the proposed development was omitted from analysis (See “Park” in Figure 1 above). This is designated to become a park in which the stormwater runoff will be self-treating.

A second basin will be constructed as necessary depending on the amount of future impervious cover.

Modeling Approach
All modeling was completed using the U.S. Army Corps of Engineers HEC-HMS software parameterized per guidelines published by Flood Control. Model runs were completed for pre-project, post-project, and potential future development conditions with the proposed stormwater basin. Two storm events were examined: the 10-year (10% annual exceedance probability) event representative of relatively large storm events, and the 100-year (1% annual exceedance probability) event as representative of very large storms.

Design storm rainfall is based on the mean annual precipitation at the site, which in this case is 11.25 inches per the isohyetal maps published by Flood Control. A 24-hour duration design storm was selected for the analysis as it produces a substantial volume of runoff, particularly in the post-project case.

All HEC-HMS inputs are summarized in Appendix B. Other model parameters of note include:
• Drainage Management Areas. As part of the stormwater drainage design, CBG delineated a total of five Drainage Management Areas (“DMAs”). DMA 1 represents the current anticipated development, and the remaining DMAs 2 through 5 capture potential future development (see Figure 1 above). To ensure the basin sizing can accommodate current as well as future land development, three scenarios were modeled—the pre-project condition (undeveloped), the post-project condition (DMA 1 developed), and the future potential development (DMAs 1 through 5 developed). The summation of all DMAs totals 91.5 acres. 555
Balance Hydrologics, Inc.

Jeff Schroeder
November 9, 2023

223111 Stonecreek Oakley Stormwater Report 11-09-2023.docx • Infiltration Rate. The infiltration rate was calculated for each DMA based on the relative pervious and impervious area. This variable was adjusted to reflect future impervious development potential in the offsite DMAs. See Appendix B for infiltration rate input values. • Lag Time. Using LiDAR and topographic survey data, longest flow paths were delineated as shown in Appendix A to inform the watershed response time, or lag time, calculations (see Appendix B). Using the Contra Costa Flood Control District HEC-HMS Guidelines, lag time for DMA1 was calculated to be 14.7 minutes pre-project and 10.3 minutes post-project.

The surrounding DMAs lag times were differentiated for pre-and post- project conditions by manipulating the Manning’s-N values to reflect undeveloped versus developed surfaces, respectively. Pre-development lag times ranged from 8 to 21 minutes, and post-development lag times ranged from 5.1 to 10.3 minutes. Refer to Appendix B for lag time calculation parameters. • Design rainfall. The 10-year, 24-hour rainfall used was 2.42 inches, while that for the 100-year, 24-hour storm was 3.61 inches.

Stormwater Basin Parameters
Various hydrologic, regulatory, and site considerations and constraints were taken into account when designing the stormwater basin. Consistent with Flood Control guidance the sub-surface components of the basin (biosoil, rock underlayer, underdrain system, etc.) are not considered as available for storage.

Therefore, only the surface ponding area and above-ground outlets are included in HEC-HMS modeling. • Groundwater Constraints. Per the Geotechnical Exploration Report prepared by Engeo Incorporated on April 14, 2005, groundwater at the site lies approximately 10 to 15 feet below the existing ground surface at approximately elevation 13.0 (NAVD88). However, we note that groundwater levels likely vary over a wide range of elevations depending on the season, as well as antecedent conditions. Contra Costa County guidelines require there to be at minimum 10 vertical feet between the groundwater table and the bottom of an unlined stormwater basin.

Due to volumetric and land surface constraints, the basin cannot meet this guideline, and will thus be lined and equipped with a permanent dewatering pump that will be connected to the force main routed to Teton Road.
• Basin Grading. The basin is designed to have a 4:1 slope from elevation 15 to 23 feet NAVD88.

The county requires a minimum of 2 feet of freeboard at the 100-year WSE. The top of basin was designed at existing grade, while the bottom of the basin was optimized with flood control modeling as the highest elevation in which a 2-feet freeboard can still be maintained during the 100-year 24-hour storm event.
556
Balance Hydrologics, Inc.

Jeff Schroeder
November 9, 2023

223111 Stonecreek Oakley Stormwater Report 11-09-2023.docx • Bioretention/Water Quality Treatment. Although it is not within the scope of work for Balance Hydrologics to provide water quality treatment calculations, it is understood that the more surface area at the bottom of the basin, the more water quality treatment area can be provided.

Thus, it was decided to keep the bottom of the basin at the highest elevation possible without violating flood control requirements in order to maximize surface area of the basin bottom. • Pump Configuration. The basin will have a permanent dewatering pump in addition to a 7 cfs flood control pump. The flood control pump was modeled to activate at a water surface elevation 16 feet NAVD88 and deactivate when drawdown brings the WSE to 15.5 feet NAVD, with a minimum pump run time of 5 minutes to prevent unnecessary activation and deactivation.

Both the dewatering pump and flood control pump will route drainage to the stubbed 42” utility line on Teton Road. As mentioned above, it is understood from the city that the downstream tie-in was designed to accommodate up to 20 cfs of additional flow.

The elevation-area-storage relationship for the basin is summarized in Table 1 below.

Table 1. Stormwater basin elevation-area-storage values Elevation Area Storage
(feet) (ft2) (acres) (ac-ft)

15.0 62,640 1.44 0.00

16.0 67,020 1.54 1.49

17.0 71,510 1.64 3.08

18.0 76,110 1.75 4.77

19.0 80,840 1.86 6.57

20.0 85,680 1.97 8.49

21.0 90,650 2.08 10.51

22.0 95,760 2.20 12.65

23.0 101,720 2.34 14.92
557
Balance Hydrologics, Inc.

Jeff Schroeder
November 9, 2023

223111 Stonecreek Oakley Stormwater Report 11-09-2023
Results
Flood control mitigation was evaluated by modeling the drainage areas and proposed basin in HEC-HMS as outlined in Contra Costa County’s HEC-HMS guidance. The resulting output provided peak discharge, runoff volumes, and basin water surface elevations (“WSE’s”) for the 10- and 100-year 24-hour storms as shown in Appendix C and summarized in Table 2 below.

Table 2. HEC-HMS model summary, 10- and 100-year design storms Constraints in the basin design criteria include the 2-foot freeboard requirement above the 100-year WSE and that the 10-year WSE remains below the basin inlets. The basin rim elevation is 23.0 feet so the 100- year WSE may be no higher than 21.0 feet. The lowest inlet to the basin has an invert elevation of

17.5 feet, so the 10-year WSE may not exceed this elevation.

For the post-project condition with only DMA 1 developed, model results show that the basin has more than enough capacity to handle the 10- and 100-year 24- hour storm events without exceeding the WSE constraints listed above. The results indicate 0.78 feet below the 10-year maximum allowed WSE, and 1.76 feet below the 100-year maximum allowed WSE.

For the future development scenario, storage capacity was optimized to be just below the WSE constraints. The model results indicate the 10-year 24- hour storm events result in a maximum WSE 0.10 feet below the 10-year allowed maximum, and the100-year 24- hour storm event results in a WSE 0.68 feet below the 100-year maximum allowed WSE.

Therefore, the results indicate that the proposed basin can accommodate the volume and WSE requirements at the 10- and 100-year 24-hour storm for all modeled potential development scenarios.

Pre-project Post-Project Future Development
10-year 100-year 10-year 100-year 10-year 100-year
Peak inflow (cfs) 37.9 78.1 55.3 99.7 71.3 117.2
Total Runoff into Basin (acft) 2.42 6.65 4.2 10.0 5.7 13.1 Maximum Basin WSE
(includes 7cfs pump activation)
(ft) N/A N/A 16.72 19.24 17.40 20.32
558
Balance Hydrologics, Inc.

Jeff Schroeder
November 9, 2023

223111 Stonecreek Oakley Stormwater Report 11-09-2023.docx Closing
Thank you again for the opportunity to assist with these stormwater management analyses and provide design guidance for the sizing and outlet configuration of the proposed stormwater basin.

Do not hesitate to contact me if you have questions related to the modeling work, results, or conclusions presented herein.

Sincerely,
BALANCE HYDROLOGICS, Inc.

Edward D. Ballman, P.E. 64095
Principal Engineer

Liz Neudeck, EIT
Engineer/Hydrologist
Enclosures: Appendix A: Model/Site Configuration
Appendix B: HEC-HMS Model Inputs
Appendix C: HEC-HMS Model Outputs
References:

Balance Hydrologics, 2006, Hydrologic Analysis and Preliminary Stormwater Control Plan, Stone Creek Project, City of Oakley, California, p. 9 of 86
ENGEO Incorporated, April 14, 2005, Geotechnical Exploration Bacchini Assemblage, Oakley, California, p.8 of 23
559

APPENDICES
560

APPENDIX A
Model/Site Configuration
561
MARSH CREEK DMA 2: FROST PROPERTY DMA 3: REYES PROPERTY DMA 4: OFFSITE SOUTH DMA 5: OFFSITE NORTH SELLERS AVE DMA 1: STONECREEK SUBDIVISION EXCLUDED (PARK) PROPOSED STORMWATER BASIN ATSF RAILROAD TETONROAD

SUBMITTALS / REVISIONS DATE BY
©2020 BALANCE HYDROLOGICS, INC. SCALE (AT 22" X 34")

CHECKED BY

IN CHARGE

DESIGNED BY

DRAWN BY

DATE SHEET

NOT FOR

CONSTRUCTION
LN
EB
EB
08-22-23
CBG
MM-DD-YYXX XX% DESIGN

STONECREEK SUBDIVISION

HYDROLOGIC MODELING WORKMAP
CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA 1 PROJECT NUMBER 223111 12020 Donner Pass Road, Suite B1
Truckee, CA 96161
tel (530) 550-9776
www.balancehydro.com EXISTING INDEX CONTOUR EXISTING INTERMEDIATE CONTOUR EXISTING POINT ELEVATION DRAINAGE MANAGEMENT AREA BOUNDARY LONGEST FLOW PATH (POST-DEVELOPMENT) DRAINAGE MANAGEMENT AREA CENTROID POINT OF CONCENTRATION PROPOSED PARCEL BOUNDARIES EXISTING PARCEL BOUNDARIES LONGEST FLOW PATH (PRE-DEVELOPMENT) 0' 150' 300' 600' SCALE: 1" = 150' Q {)
=-:::7
0 0
0 ', I
"" I -:I
-,
0 0
0 Q
0 0
.: • .... 0 CJ
Q cJ
d'
. '
'¾·'°
'
-::':-.-, -,'.;.
i' '\ ,!
1, ''
~= ·.I
lf--'---':.='-~_::-f~!~J-1··u .:J· ,, ' S.a -
- ::_-_,
r----t~ · l : 0 •
H t9 H " ,- j 1,. ----.:vrl--_____.:.11
0 0 t--'---'---' ,,
0 •
0 0
-0 Do . •
00 . a r.-.- •
D \7 o
·b·
·"
0 (5,:, . 0
%r--· .-. c?o @
0 "'
1: ' i'
'
Jif ::f';;:;J?liii~ __ ·.' ;'
11 \I
1 1
1 r-------11
.
a ,.,
0 ' ,:., I
. . '
,,.,
'.
.... ,
'., •, . o"'o
o • • Ci' > ,._,
,,Q
I
. I
i
T
,_,.
·:~('
,__.rct'.{
11 ;,,
,,
t
X 62.9
0 •
N
562

APPENDIX B
HEC-HMS Model Inputs
563
Appendix B—HEC-HMS inputs
Area Area Infiltration
Lag
Time
DMA (sq miles) (ac) (in/hr) (min)
Pre-project (undeveloped)
DMA 1 0.072 46.10 0.071 21.51
DMA 2 0.007 4.35 0.170 9.23
DMA 3 0.008 5.31 0.167 8.14
DMA 4 0.030 19.32 0.159 20.20
DMA 5 0.026 16.47 0.152 20.69
Post-project
DMA 1 (developed) 0.072 46.10 0.071 10.33
DMA 2 (undeveloped) 0.007 4.35 0.170 9.23
DMA 3 (undeveloped) 0.008 5.31 0.167 8.14
DMA 4 (undeveloped) 0.030 19.32 0.159 20.20
DMA 5 (undeveloped) 0.026 16.47 0.152 20.69
Future (developed)
DMA 1 0.072 46.10 0.071 10.33
DMA 2 0.007 4.35 0.071 6.20
DMA 3 0.008 5.31 0.071 5.12
DMA 4 0.030 19.32 0.071 10.39
DMA 5 0.026 16.47 0.071 10.05
564
Lag Time Calculation Parameters
Flow Path
(miles)
Elevations
(feet)
Slope N Value Lag Time Lag
Time
(longest) (centroid) (high) (low) (ft/mile) -- (hrs) (min) DMA 1 Pre-project 0.401 0.234 35 23 30 0.07 0.358 21.5
Stonecreek
Development
Post-project 0.465 0.285 33 15 39 0.031 0.172 10.3
DMA 2 Pre-project 0.127 0.058 34 32 16 0.07 0.154 9.2
Frost Property Post-project
(future)

0.127 0.058 34 32 16 0.047 0.103 6.2
DMA 3 Pre-project 0.146 0.048 31 27 27 0.07 0.136 8.1
Reyes Property Post-project
(future)

0.146 0.048 31 27 27 0.044 0.085 5.1
DMA 4 Pre-project 0.369 0.183 35 27 22 0.07 0.337 20.2
Offsite South Post-project
(future)

0.369 0.183 35 27 22 0.036 0.173 10.4
DMA 5 Pre-project 0.298 0.165 26 23 10 0.07 0.345 20.7
Offsite North Post-project
(future)

0.298 0.165 26 23 10 0.034 0.167 10.0
565

APPENDIX C
HEC-HMS Model Outputs
566
Appendix C
HEC-HMS Model Outputs
Pre-project 10-year 24-hour
Pre-project 100-year 24-hour
ll!i Global Summary Results for Run "Pre 10y 24h"
Project: Stonecreek Simulation Run: Pre lOy 24h
Start of Run: 01Jan2006, 00: 15
End of Run: 02Jan2006, 00: 15
Compute Time:07Nov2023, 15:20:59
Basin Model: Pre-project
Meteorologic Model: OlOy 24h
Control Specifications:01-day
D
Show Elements: All Elements v Vclume Units: 0 IN O i\CRE:i=r, Sorting: Watershed Explorer Hydrologic Drainage Area Peak Discharge Time of Peak
Element (Ml2) (CFS)
DMA ! Pre 0.0720 18.34 ! January 2006, L..

DMA2 0.0068 2.59 1 January 2006, 1...

DMA3 0.0083 2.22 1 January 2006, 1...

DMA4 0.0302 8.36 1 January 2006, 1...

DMA5 0.0257 7.23 1 January 2006, 1...

Junction 0.1430 37.93 1 January 2006, 1...
l5 Globol Sumrnol')' Results for Ru11 ''Pre 100y 24h"
Project: Stonecreek Simulation Run: A'e lOOy 24h
~tart of Ru1: 01Jar2006, 00:15
End of Run: 03Jar2006, 00:15
Compute Time:07No'/2023, 15:21:15
Basin Model: Pre-prcject
Meteorologic Mode: lOOy 24h
Control S:,ecificati01s:02-days
Volume
(ACRE-FT)

1.16 0.11

0.14 0.53

0.48 2.42
D
Show Elements: All Elements v volume Units: 0 IN O i\CRE:i=r, Sor:ing: Watershed E~plorer H1drologic Drainage Area Peak Discharge Time of 'eak Volume Element (MI2) (CFS) (ACRE-FT)
DMA 1 Pre 0.0720 38.35 1 January 2006, 1 ... 3.24
DMA2 0.0068 4.88 1 January 2006, 1 ... 0.31
DMA3 0.0083 4.57 1 January 2006, 1. .. 0.38
DMA4 0.0302 16.87 1 January 2006, 1. .. 1.45
DMAS 0.0257 14.41 1 January 2006, 1 .. 1.28
Junctio1 0.1430 78.14 1 January 2006, 1 ... 6.65
X
567
Post-project 10-year 24-hour (Surrounding areas undeveloped) Detention basin
llli Global Summary Results for Run "Post 1 Oy 24h" D
Project: Stonecreek Simulation Run: Post l0y 24h
Start of Run: 01Jan2006, 00: 15
End of Run: 02Jan2006, 00:15
Basin Model: Post-project
Compute Time:DATA CHANGED, RECOMPUTE
Meteorologic Model: 0l0y 24h
Control Specifications:01-day
Show Elements: All Elements v Volume Units: 0 IN O !ICRE:°i=f Sorting: Watershed Explorer Hydrologic
Element
OMA 1 Post
DMA2
DMA3
DMA4
DMA5
l.Jnction
Detention Basin
Drainage Area Peak Discharge Time of Peak
(Ml2) (CFS)

0.0720 35.43 1 January 2006, 1...

0.0068 2.59 1 January 2006, 1 .. ,

0.0083 3.33 1 January 2006, 1 ...

0.0302 8.36 1 January 2006, 1 ...

0.0257 7.23 1 January 2006, 1 ...

0.1430 55.26 1 January 2006, 1 ...

0.1430 7.00 1 January 2006, 1 ...
n X
Ptotc: Stono:rcck :imu.:itia, F.u--: Peet 1Qv 2·1tKc:.crvar: u~nton I::1:an :t.:rt :f Kun UlJJ--~LLb uu: l!: 1::t~1n Mocbl: I tl:.t PtO'PC:
:nd of R .. n: 02Ja--2CC6. 00: C: Met:Otol:gt '-lccel: 010·, 2'h :omp_ te -h?:n~-~ CHCJ~~EJ, ~EO)MPL -= contro SpecI1lc:1tons:01-d~·, V1du t-! lJ1il'-: C• T~ 0 Ai"FF-FT
-Co-n:utej lesut! --------------------~
pe:,.. l'"tO·,N: SE.26 ,.cc; I 'cd< Ut:;j-iJrQc: /,W (tH)) 1n110.,.., ✓oLrc: ·1, lb v-.•.r.~ ~ 1)
Dsch~•g; voume:3.28 (NJ;.E-FT)
Cate.'Time ot P:ck &-no,,, ::.Jan200S, 10 1J
L.:.:itc.' I 1mc of I ':.:I,: Uo:h.:irQ::_:.J.:in.!Ulb, lU ~:, ltc.:ik ~t:r:gc :.:,b-1 (AtK~ -I:,
Pe~k Eev~ton: 16 72 (=T:i
:::J

3.:~-------~ - -~~r,_--, ~ --~ - ~ --~ -· :.80

2.:+--------+--,\""iF'·'<'"< ~ -+---f---+---fl-· :.47 ~- ::· ·-~ ~ 2.: 1' •• ··.:• - • :: 3 f: ". 1 = •·"'· , = nn ~ r 1 - c ....... -, :.4, w ?. ·- • ...... ............... . 0.:+--------+--e--ff---+---+---+---11-' ::l o.: I'" - -- -- -- -- ·- ·- · ·'1 _' 4.80 ~-+--------+--<ii>--+---+---f---+---fl
!' 'o:' 1:+--------+-·,'"'",-ff---+---+---+---fl
:~. 2:+--------+--i-'H f---+---+---+---fl ~ : \
C
03 00 06 00
'· 09:00
~-
12:)0 ' :· _;:in~00& 18:0) 00:0:

I
Volume
(ACRE-FT)

2.89 0.11

0.14 0.53

0.48 4.15

3.28 LJ.;01c i:co-pJ:J 11-0: )4Te. ChVaJ. ftS:O"PIJTE:1 ----------- • • • • • - r.11rr=nq tn·, ~h ·I-.'Y':rt rw11 n- 0"'1.•.n Ria.\ .t·~n·11!r - • - • t,un o~ 1U'( ,..u.h :l:rcrt ~c~o-t1::cn tcc3 .. t:l'ool :l~·cto-i -- R~1n:u.,l l0·1 2'-h :1 .. ,:,,t Cl.-1~ lu B:f':'i1 Rl:\·.L0.,111."r - - - toun o~ 1U't ,..u.h :I:rcrt ~c~o-t1::cn tcc3 .. t:<.::ll'bncd 1·110-.\' X
568
Post-project 100-year 24-hour (Surrounding areas undeveloped) Detention basin
llli Global Summary Results for Run "Post 1 OOy 24h" D
Project: Stonecreek Simulation Run: Post lOOy 24h
Start of Run: 01Jan2006, 00: 15
End of Run: 03Jan2006, 00: 15
Basin Model: Post-project
Compute Time:DATA CHANGED, RECOMPUTE
Meteorologic Model: lOOy 24h
Control Specifications:02-days
Show Elements: All Elements v Volume Units: 0 IN O !lc°i\E:°i=·r, Sorting: Watershed Explorer Hydrologic Drainage Area Peak Discharge Time of Peak Volume Element (MI2) (CFS) (ACRE-FT)
DMA 1 Post 0.0720 58.49 1 January 2006, 1 ... 6.58
DMA2 0.0068 4.88 1 January 2006, 1 ... 0.31
DMA3 0.0083 6.19 1 January 2006, 1 ... 0.38
DMA4 0.0302 16.87 1 January 2006, 1 ... 1.45
DMA5 0.0257 14.41 1 January 2006, 1 ... 1.28
Junction 0.1430 99.66 1 January 2006, 1 ... 9.99
Detention Basin 0.1430 7.00 1 January 2006, 1 ... 9.12
r lm1 Summary Results for Reservoi· •oetention Basin" D X Project: Stonecreek Simulation Run: Post lOOy 24h
Rt:l'~t::1vui1:Dt:!'lt::11liu11 8d~i, 1
Start of Run: 01Jan2006, 00:15 Basin Model: Post-project End of Run: 03Jan2006, 00: 15 Metecrologic Mod31: lOOy 24h Compute -ime:DA TA CHAN3ED, RECOMPUTE Control SpecificatiJns:02-dayi Vclume Jnits: 0 IN O t.CRE-FT
Lomputed Kesults -----------------------~
Peak Inflow: 99.66 (CF,)
Peak Discharge: 7.00 (CFS)
Inflow Volcme: 9.99 (ACRE-FT)
Discharge Volume:9.12 (ACRE-FT)
Date/Tme o' Peak Inflow: 01Jan2006, 10: 17
Date/Tme o' Peak Disc~arge:01Jan2006, 10:0S
P3ak Storage: 7 .04 (I\CREH)
P3ak El3vaticn: 19.24 (FT)
~ Groph for Rcser.·o·r "Octcntion 0osi1,•
Fi P Fdit \liP,111
D
L
~3servcir ")3te1ticn Basin' Results 'or Run "Pcs: 1 OOy 24h" 0 ~ 6
~ "'
<> 4 [
'" 2
u
100
80 :[ ijU
40 t ?n u:
0 r l
--.J--'--
·12:00
01Jar2J06
oo:oc
I
1 ~:co 02,a 12006
00:00
I
L:::yt:f 11.J :cu1111JL.lt:! Ti111t:l': DATA CHtiN3ED, RECOvPUTE) ------------~ - • • • • • RunP:,& 'OJ)' 24h Cle nen::C•etention Cb~in Re~ul:3toroge RunP:,crt 'OJ'y 24h Elc-ncn::C•clcrition 0.':lcin Fccul:f'lool :lcv:dOn -- RunP:,rt 'OJ'y 2'1h Ele'l'len::C•elention Basin Resul:OU:fbw - - - RunP:,st 'OJ>y 24h Ele'l'len::Oeterition BE:l?in Re?ul:Co-nbired lnfbw X
569
Future development 10-year 24-hour
Detention basin
lfii Global Summary Results for Run "Future 10y 24h" D
Project: Stonecreek Simulation Run: Future lOy 24h
Start of Run: 01Jan2006, 00: lS
End of Run: 02Jan2006, 00: 15
Compute Time:DATA CHANGED, RECOMPUTE
Basin Model: Future development
Meteorologic Model: OlOy 24h
Control Specifications:01-day
Show Elements: All Elements Volume Units: 0 IN O Ai:I\E.:Ft Sorting: Watershed Ex~lorer v Hydro logic Drainage Area Peak Discharge Time of Peak Volume Element (MI2) (CFS) (ACRE-FT)
OMA 1 Post 0.0720 35.43 1 January 2006i 1 .. 2.89
OMA 2 0.0068 3.61 1 January 2006, 1.. 0.27
OMA 3 0.0083 4.82 1 January 2006, 1.. 0.33
OMA 4 0.0302 14.83 1 January 2006, 1.. 1.21
OMA 5 0.0257 12.62 1 January 2006i 1 .. 1.03
Junction 0.1430 71.27 1 January 2006i 1 .. 5.74
Detention Basin 0.1430 7.00 1 January 2006i 1 .. 4.88
ml Summary Resutts for Reservoir •oetention Basin" D X
Project: Stonecreek Sirrulat ion Run: Future l Oy 24h
Reservoir: Detentloo Bas.,
Start of Run: 01Jan2006, 00: 15 Basin Model: Future devebpment End of Rl.l'l: 02Jan2006, 00:15 Meteorolo;iic Model: Ol Oy 24h Compute Tme:DATA C~NGED, RECOMPUTE Control Specilicatioos:01-day Volt.me Units: 0 IN O P.CRE·FT1
( Ofrl)Uted Results
Peak Inflow: 71.27 (CFS)
Peak Discharge: 7.00 (CFS)
Inflow VolLrne: 5.74 (ACRE-FT)
Discharge VolLrne:4.88 (ACRE-FT)
Date/Time of Peak Inflow : Ollan2006, 10~.16
Date/Time of Peak Discharge:Ollan2006, 10: 16
Peak Storage: 3.75 (ACRE-FT)
Peak Elevatioo: 17.40 (FT)
~ Gropli for Rcscrvoi· •Detention Dosir" D
File Edit Vitw
Re::;ervuiI "DelerIliu11 Ba::iill" Re::ulb ru, RuII "FuluIe 10y 2411' 00 r--c--.~ • 14.8)
ED

15. 40
--1-
--It ~ LO t
.;: 0 ~
~t~ ~I F- i__f : ~ - i ---r 7
,-
,-
+
03:00 OE:00 09:00 12:00 15:00 18:0J 21 :00 00:00
01Jan2006 I
X
Legsnd (Compu:e Tine: DATA C~ANGED, RE:rn-'PUTE)------------, • • • •• • Run:F Jture ·1 oy 24h :Iement:ceten11on Basin Resurt:StJrage - • - Run:F .dure 1 Oy 2'1h ::1em0nt:Detenlion Ba:sin Re:sult:Pcol Elevation --f:;un:F Jture 1 0v 24h :lement:Cetenlion Basin Result:Outflow - - - f:;un:F Jture 1 0y 24h :Iement:Cetenlion Basin Result:Combired lrflow X
570
Future development 100-year 24-hour
Detention basin
llll'j Global Summary Results for Run "Future 100y 24h" □ Project: Stonecreek Simulation Run: Future lOOy 24h
Start of Run: Ollan2006, 00: 15
End of Run: 03Jan2006, 00: 15
Basin Model: Future development
Meteorologic Model: lOOy 24h
Compute Time:DATA CHANGED, RECOMPUTE Control Specifications:02-days Show Elements: All Elements Volume Units: 0 IN O ACRE-FT Sorting: Watershed Explorer Hydrologic Drainage Area Peak Discharge Time of Peak
Element (MI2) (CFS)
OMA 1 Post 0,0720 58.49 1 January 2006, 1..

DMA2 0.0068 5.84 1 January 2006, 1..

DMA3 0.0083 7.63 1 January 2006, 1 ..

DMA4 0.0302 24.50 1 January 2006, 1..

DMA5 0.0257 20.85 1 January 2006, 1..

Junction 0.1430 117.21 1 January 2006, 1..

Detention Basin 0.1430 7.00 1 January 2006, 0 ..
ml Summary Results for Reservoir ·oetention Basin"
Project: Stonecreek Simulation Run: Future lOOy 24h
Reservoir: Detention Basin
Volume
(ACRE-FT)

6.58 0.62

0.76 2.76

2.35 13,07

12.21 □ X
Start of Run: 01Jan2006, 00: 15
End of Run: 03Jan2006, 00: 15
Basin Model: Future development
Meteorologic Model: lOOy 24h
Compute Time:DATA CHANGED, RECOMPUTE Control Specifications:02-days Volume Units: Q IN O ACRE-FT
Computed Results-----------------------~
Peak Inflow: 117.21 (CFS)
Peak Discharge: 7.00 (CFS)
Inflow Volume: 13.07 (ACRE-FT)
Discharge Volume: 12.21 (ACRE-FT)
Date/Time of Peak Inflow: 01Jan2006, 10: 16
Date/Time of Peak Discharge:Ollan2006, 09:56
Peak Storage: 9.13 (ACRE-FT)
Peak Elevation: 20.32 (FT)
la Graph for Reservoir •oetention Basir" □ X
File
~
Q.

Edit View
Rese-vo r 11Detention Basin11 Results for Run 11Future 1 Cy 211h1 ·o
~ ij
/', 6
"' 4 "' 0
1ii 2
0 100
80 ~ 60
<O .0
§
~ 20
n 1; ' 00
01 Jao2006
CO:DJ
I
12)0
02Jan2006
00:00
I
Legend (Ccmpute Tirre: DATA C ~AIIGED, RECOMRJTE)------------~ •• • • • • P.un:Future 1 OOy 24h :1errent:)etrntion Basin Resutt:storage - • - • P.un:Future 1 OOy 24h :1errent:)etention Basin Result:Pool Eevfl'.ion -- P.un:Future 100y 24h :1errent:)etention Basin Result:Outflo-N - - - Pun: Future 1 OOy 24h :Ierrent: ) etention Basin Result:Combiied lnfleJ,N X
571
Appendix E
VMT Analysis Memorandum
572
CALIFORNIA | FLORIDA | TEXAS
Corporate Office 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588 925.463.0611 www.TJKM.com 1 TECHNICAL MEMORANDUM

INTRODUCTION
TJKM conducted a VMT (Vehicle Miles Traveled) analysis for the proposed housing project located west of Sellers Avenue and south of Sierra Trail Road in the City of Oakley, CA. The project proposes building 175 single family units in a residential subdivision. Figure 1 shows the project location.

Figure 1: Project Location

VEHICLE MILES TRAVELED (VMT)
Compliance with Senate Bill (SB) 743 will include replacement of LOS with VMT for purposes of assessing traffic impacts under the California Environmental Quality Act (CEQA) described in new Date: November 22, 2024
To: Roderick Stinson, Raney Management
From: Garvit Goyal and Vamsee Modugula, TJKM
Subject: Stonecreek TIS VMT Analysis Memo
,((( TJKM
PARK
ln iii
·.;; "
::;;
-Q, Duarte Ranch Park
Laurel Rd Glass On The Go Q, ....
~rve at
,d by Seeno ...
olitudeOt
1ch Rd
iii Shady Oak Dr .S
..
::;;
Serenity Ln Sand Hill
Creekside Park %
~
DellaChiesa Hospitality ,e Honey Ln
I"'\ Gehringer
~ Elementary School
Hill Ave Hill Ave
iii
·" .;;
::;;
Brownstone Rd
iii
Tuolumne Way WIidhorse Rd
Willow Oak Q
Ranch Trivisonno ~
First Generation Farmers Q
Tule ln
573
2 Section 15064.3 of the CEQA Guidelines that will be applied statewide that began on July 1, 2020. Lead agencies will have discretion to choose the most appropriate methodology to evaluate a project’s vehicles miles traveled, including whether to express the change in absolute terms, per capita, per household or any other measure. VMT refers to the amount and distance of automobile travel “attributable to a project”.

SCREENING CRITERIA / VMT ANALYSIS
As this project is not screened out from VMT analysis, two full model runs were performed for this project in accordance to CCTA VMT methodology. The first one is a base year 2018 run to analyze existing VMT per capita numbers for the City of Oakley. The second run is a base year plus project 2018 run with the housing units added in to see if its impact on VMT is significant.

The latest Contra Costa Transportation Authority (CCTA) Model was used for this project. The Travel Analysis Zone (TAZ) for this project in the model is #30263. 175 single family dwelling units were added into the TAZ for the base year to see if the project creates significant VMT impacts. The project will add a total of 175 housing units with a population of 602. The residents to household ratio of 3.44 was determined using the base year regional household to population ratio. For the 2018 Base Year model, the Laurel Avenue extension to Sellers Avenue was added in to reflect the latest Oakley General Plan’s Circulation Element and also to connect the project to major destination centers within Oakley. Table 1 shows the land use changes for the base year plus project run.

Table 1: Land Use Changes in the CCTA Model for Plus Project Scenario TAZ Single Family Units Population
#30263 +175 +602
The CCTA model was run with the project coded and the VMT results are summarized in Table 2.

Table 3 indicates the VMT threshold for Oakley City for baseline conditions.

Table 2: CCTA Model Run Results (Base Year Conditions)
TAZ Base Year Average Daily VMT per Resident
(per CCTA Model)
Base Year Plus Project Average
Daily VMT per Resident
(per Model run)
#30263 28.03 23.46
Table 3: Oakley City Threshold (Base Year Conditions)
Region Regional Average
(per CCTA Model) 15% Below Regional Average
Oakley City 24.30 20.66
---
574
3 Since this project is located in Oakley City, the regional average used for VMT threshold setting is for the Oakley City TAZs within the CCTA model.

From the 2018 Base Year run, the home based VMT per capita for the City of Oakley is 24.30. For a project to not be significant, the 85% threshold is set at 0.85 x 24.30 which is 20.66.

The 2018 Base Year Plus Project model run added 175 Single Family Dwelling Units into TAZ #30263.

The resultant home based VMT per capita for the project TAZ is 23.46. Since this value is higher than the threshold, mitigation measures are required for this project to have an insignificant impact on VMT.

The project would need to mitigate around 12% of its VMT to be considered insignificant.

Feasible mitigation measures that this project may utilize are as follows. We used the CCTA Technical Guidelines, November 20221
, and the CAPCOA’s 2021 Handbook for Analyzing Greenhouse Gas Emission Reductions2 as the sources for VMT mitigation guidelines.

1. Provide pedestrian network improvement - This strategy involves enhancing pedestrian sidewalk networks by expanding sidewalk coverage and repairing substandard sidewalks.

Onsite improvements (including improvements along the project frontage) will count towards this mitigation. Maximum VMT reduction achievable with this strategy is 6.4%.

2. Construct or improve bicycle facilities or bike boulevards - This strategy involves the construction or improvement of a bicycle lane or bike boulevard that connects to a larger bikeway network. This improvement will require providing a connection to Marsh Creek trail located adjacent to the project site. Maximum VMT reduction achievable with this strategy is

0.8%.

3. Expand bikeway network - This strategy increases the miles of bicycle facilities within a bikeway network, while improving the visibility, signage, and comfort levels of the bicycle facilities.

Maximum VMT reduction achievable with this strategy is 0.5%.

4. Provide community-based travel planning (CBTP) - This strategy provides travel planning assistance for targeted residences in a residential community. This is an outreach activity that provides households with customized information, incentives, and support to encourage the use of transportation alternatives in place of single occupancy vehicles. Maximum VMT reduction achievable with this strategy is 2.3%.

5. Implement subsidized or discounted transit program: This measure will provide subsidized or discounted, or free transit passes for residents. Reducing the out-of-pocket cost for choosing transit improves the competitiveness of transit against driving, increasing the total number of transit trips and decreasing vehicle trips. This decrease in vehicle trips results in reduced VMT.

Maximum VMT reduction achievable with this strategy is 5.5%.

6. Integrate affordable and below market rate housing: This strategy focuses on integrating affordable and below market rate housing to provide more opportunities for lower income families to live closer to job centers and near transit. Maximum VMT reduction achievable with

1 https://ccta.net/wp-content/uploads/2023/01/CCTA_Technical_Procedures_Nov2022.pdf 2 https://www.airquality.org/ClimateChange/Documents/Handbook%20Public%20Draft_2021-Aug.pdf 575
4 this strategy is 28.6%. The applicable mitigation can be estimated as follows. The City of San Jose VMT estimation tool3 was used to derive these estimates and can be used as guidelines to estimate maximum possible VMT reduction based on the proportion of affordable housing units in the project.
a. For every 10% of all units providing housing for families with income between 50% and 80% of the regional median income, VMT reduction will be 1%. b. For every 10% of all units providing housing for families with income between 30% and 50% of the regional median income, VMT reduction will be 2.5%. c. For every 10% of all units providing housing for families with income below 30% of the regional median income, VMT reduction will be 3.3%.

With a combination of these mitigation measures, the project will be able to reduce its VMT/Capita value by the required 12%. Thus, with mitigation, the Stonecreek residential project is found to have an insignificant impact on VMT for the base year.

Table 4 contains the outputs from the CCTA model for the project TAZ.

Table 4: CCTA Model Base Year Outputs
CCTA Model Outputs (2018 Base Year)
TAZ Total Population Residential VMT VMT per Capita
#30263 – No Project 41 1,149 28.03
#30263 – With Project 643 15,709 23.46
TJKM will be happy to respond to questions or comments on this technical memorandum.

3 https://www.sanjoseca.gov/your-government/departments-offices/transportation/policies/vehicle-milestraveled-metric I I
576
Stonecreek Subdivision 9647 Project
Initial Study/Mitigated Negative Declaration
Errata Sheet
January 2026
Introduction
This Errata presents, in strike-through and double-underline format, the revisions to the Recirculated Stonecreek Subdivision 9647 Project Initial Study/Mitigated Negative Declaration (IS/MND). The revisions to the Recirculated IS/MND reflected in this Errata do not affect the adequacy of the previous environmental analysis contained in the Recirculated Stonecreek Subdivision 9647 Project IS/MND. Because the changes presented below would not result in any new significant impacts or increase in impact significance from what was identified in the Recirculated IS/MND, additional recirculation of the Recirculated Stonecreek Subdivision 9647 Project IS/MND is not required.

Changes to the IS/MND
Since the Recirculated IS/MND was released in September 2025, an updated Planning Survey Report (PSR) has been prepared (see the Attachment to this Errata Sheet). The IS/MND has been revised, as follows, for consistency with the updated PSR.

Pages 32 and 33 of the IS/MND are hereby revised as follows:

In compliance with the ECCC HCP/NCCP, a PSR was prepared for the proposed project by Moore Biological Consultants, which included all species covered under the ECCC HCP/NCCP (see Appendix C). The study area of the PSR observed approximately 50.44

50.81 acres of both the project site and frontage improvement area. Approximately 50.43

50.44 acres of the study area are categorized by the Grassland (Ruderal) land cover type,

0.008-acre as seasonal wetland, and 0.37-acre as the Developed (Urban) land cover (see Figure 8). Based on the land cover types found on-site, Moore Biological Consultants conducted on-site surveys for western burrowing owl, Swainson’s hawk, and golden eagle.

In addition, Figure 8 (ECCC HCP/NCCP Land Cover Types) on page 34 of the IS/MND is hereby replaced with the revised Figure 8 at the end of this document, and Figure 9 (Potential Waters of the U.S. and Wetlands) on page 37 of the IS/MND is hereby removed.

b,c. The U.S. Army Corps of Engineers (USACE), CDFW, and Regional Water Quality Control Board (RWQCB) have jurisdiction over modifications to stream channels, riverbanks, lakes, and other wetland features. The USACE’s jurisdiction is established through the provisions of Section 404 of the Clean Water Act (CWA), which prohibits the discharge of dredged or fill material into waters of the U.S. without a permit, including certain wetlands and unvegetated “other waters of the U.S.” The jurisdictional authority of the RWQCB is established pursuant to Section 401 of the CWA, which typically requires a water quality certification when an individual or nationwide permit is issued by the USACE. The RWQCB also has jurisdiction over waters of the State under the Porter-Cologne Water Quality Control Act.

EXHIBIT A
577
An assessments of potentially jurisdictional Waters of the U.S. or wetlands in the site was were undertaken on June 15, 2023, and June 5, 2025. According to the PSR, potentially jurisdictional waters of the U.S. do not exist on-site, but 0.008- acre of seasonal nor do wetlands is located in the northwestern area (see Figure 9).

The wetland was created during initial grading of the site in 2006 and is not included in historical aerial photographs of the site. The wetland appears to be supported, or at least supplemented by, an underground water source, such as a leaking storm drain line or irrigation run-off from the landscaped areas to the north.

Rather, the site consists primarily of highly disturbed ruderal grassland vegetation and on-site soils are sandy and appear well draining.

The 0.008-acre seasonal wetland is within the footprint of the proposed connection to Teton Road and would be filled as part of project construction. Filling the seasonal wetland would require obtaining a 401 Certification and/or Waste Discharge Requirements from the RWQCB. In addition, depending on project timing, the applicant may choose to request a Preliminary Jurisdictional Determination (PJD). Alternatively, the applicant may request an Approved Jurisdictional Determination (AJD). It should be noted that, due to a Supreme Court decision on May 26, 2023, USACE is now “on hold” in processing AJD requests.

Regardless of the request, the PSR notes that USACE is highly unlikely to deem the wetland as jurisdictional.

Based on the above, without compliance with the RWQCB and USACE, the proposed project could would not have a substantial adverse effect on federally protected wetlands, riparian habitat or another sensitive natural community identified in local or regional plans, policies, and regulations or by the CDFW or USFWS, or on State- and federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.). Thus, and a potentially less-thansignificant impact could would occur.

Mitigation Measure(s)
Implementation of the following mitigation measures would reduce the above potential impact to a less-than-significant level.

IV-1. Prior to commencement of project construction activities, the applicant shall submit an application to the RWQCB for a 401 Certification and/or Waste Discharge Requirements. Proof of compliance shall be submitted to the City of Oakley Planning and Zoning Division.

IV-2. Prior to commencement of project construction activities, the applicant shall request either a Preliminary or an Approved Jurisdictional Determination from USACE. If USACE declares the on-site seasonal wetland as jurisdictional waters, the project applicant shall obtain authorization to fill the wetland under Regional General Permit 1. Proof of compliance shall be submitted to the City of Oakley Planning and Zoning Division.

Changes are also hereby made throughout the Recirculated IS/MND to reflect the change in the significance of questions ‘b’ and ‘c,’ including amending the checklist within Section C on page 5 and the check boxes within the significance checklist on page 31.

EXHIBIT A
578
Since the Recirculated IS/MND was released in September 2025, a well has been identified onsite and a summary of the on-site well was prepared by ENGEO, Inc. Therefore, page 55 of the Recirculated IS/MND is hereby revised to include information on the identified well, as follows.

However, as discussed throughout this IS/MND, the project site has been subject to mass disturbance through site grading activities. As part of the grading activities associated with the Bacchini Residential Project, all structures were demolished and removed from the project site. Demolition and grading activities were subject to previous mitigation in the 2005 IS to ensure hazardous building materials, such as lead-based paint or asbestos, were removed pursuant to State and local regulations. The project site is currently vacant, and the remnant building foundations would not include hazardous materials. Therefore, because buildings are not currently located within the project site, project construction would not encounter any RECs associated with hazardous building construction materials.

It should be noted that the project site contains an abandoned well, the location of which is shown in Figure 9. A summary of the on-site well was prepared by ENGEO, Inc.,1 which was informed by a report of well abandonment. As discussed therein, the on-site well is a former gas well drilled in April 1985 to a depth of 9,145 feet. According to the summary, the on-site well did not produce natural gas and is considered a “dry” hole, which is not considered a REC or a health hazard.

Shortly after completion of drilling, the on-site well was properly abandoned in 1985 under a permit from California Department of Conservation Division of Oil and Gas (now known as the California Geologic Energy Management Division or CalGEM).

The well was grouted and sealed to a depth of 325 feet below the ground surface, the casing head was cut off, and six-inch-tall, 9.625-inch-diameter riser and steel plate were welded on at the surface prior to turning the well over for water well use.

However, based on the lack of well activity between October 2024 and November 2025,2 as well as the undeveloped and mass graded nature of the site, the use of the 325 feet of well space below the ground surface for water uses is not considered likely. Nonetheless, out of an abundance of caution, ENGEO provided construction recommendations, including the completion of a professional survey to identify the exact area of the well, as well as recommendations related to grouting, cut offs, and setbacks within the Former Gas Well Summary (despite the lack of health hazards associated with the well). The City would require such recommendations as conditions of approval for the project.

Based on the above, the proposed project would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment, and a less-than-significant impact would occur.

Changes are also hereby made throughout the Recirculated IS/MND to reflect the addition of a new Figure 9 (Plugged Dry Gas Well Location), as well as adding the cited sources to the sources list on pages 2 through 4 of the Recirculated IS/MND. The new Figure 9 (Plugged Dry Gas Well Location) is shown at the end of this document.

The above modifications are for clarification or informational purposes. In addition, CEQA Guidelines Section 15073.5 requires recirculation of an IS/MND only if the document has been substantially revised (i.e., new significant effects or mitigation measures are identified). Because the foregoing revisions result in less severe impacts related to biological resources, rather than 1 ENGEO Incorporated. Former Gas Well Summary. November 17, 2025. Revised December 22, 2025. 2 ENGEO Incorporated. Well Detail. November 2025.

EXHIBIT A
579
more severe or new significant impacts, and the foregoing revisions do not affect any conclusions related to hazards or hazardous materials, additional recirculation is not required pursuant to CEQA.

EXHIBIT A
580
Figure 8
ECCC HCP/NCCP Land Cover Types

EXHIBIT A
581
Figure 9
Plugged Dry Gas Well Location

EXHIBIT A
582
Attachment
Updated Planning Survey Report

EXHIBIT A
583

Planning Survey Report Form, Revised July 2015
Application Form and Planning Survey Report
To Comply With and Receive Permit Coverage Under
The East Contra Costa County Habitat Conservation Plan
and Natural Community Conservation Plan
Please complete this application to apply for take authorization under the state and federal East Contra Costa County HCP/NCCP incidental take permits. The East Contra Costa County Habitat Conservancy (“Conservancy”) or local jurisdiction (City of Brentwood, City of Clayton, City of Oakley, City of Pittsburg, and Contra Costa County) may request more information in order to deem the application complete.

I. PROJECT OVERVIEW

PROJECT INFORMATION
PROJECT NAME: Stonecreek (Subdivision 9647)
PROJECT TYPE: Residential Commercial Transportation Utility Other PROJECT DESCRIPTION (BRIEF): Construction of a 176-lot residential subdivision. A detailed project description is included in Attachment A.

PROJECT ADDRESS/LOCATION: West of Sellers Avenue, just south of Kings Canyon Way and Teton Road, in Oakley, Contra Costa County, California.

PARCEL/PROJECT SIZE (ACRES): 50.81+/- acre (3 Parcels encompassing 50.44+/- acres and 0.37+/-acres of Off-site Improvements.

PROJECT APN(S): 033-140-020, 033-140-021, and 033-140-028 APPLICATION SUBMITTAL DATE: June 2025 FINAL PSR DATE: (City/County/Conservancy use) LEAD PLANNER: Ken Strelo
JURISDICTION: City of Brentwood City of Clayton City of Oakley City of Pittsburg Contra Costa County Participating Special Entity*
DEVELOPMENT FEE ZONE: Zone I Zone II Zone III Zone IV
See figure 9-1 of the HCP/NCCP at www.cocohcp.org for a generalized development fee zone map. Detailed development fee zone maps by jurisdiction are available from the jurisdiction.

PROJECT APPLICANT INFORMATION
APPLICANT’S NAME: Ponderosa Homes II, Inc.

AUTHORIZED AGENT’S NAME AND TITLE: Jeff Schroeder, Senior V.P. Land, Planning & Operations PHONE NO.: (925) 460-8910 APPLICANT’S E-MAIL: [email protected] MAILING ADDRESS: 5020 Franklin Drive, Ste. 200, Pleasanton, CA 94588 BIOLOGIST INFORMATION1
BIOLOGICAL/ENVIRONMENTAL FIRM: Moore Biological Consultants CONTACT NAME AND TITLE: Diane S. Moore, M.S.

PHONE NO.: (209) 745-1159 CONTACT’S E-MAIL: [email protected] MAILING ADDRESS: Moore Biological Consultants, P.O. Box 822, Galt, California 95632 1 A USFWS/CDFW-approved biologist (project-specific) is required to conduct the surveys. Please submit biologist(s) approval request to the Conservancy. *Participating Special Entities are organizations not subject to the authority of a local jurisdiction. Such organizations may include school districts, irrigation districts, transportation agencies, local park districts, geological hazard abatement districts, or other utilities or special districts that own land or provide public services.

EXHIBIT A
584

Planning Survey Report Form, Revised July 2015
II. PROJECT DETAILS
Please complete and/or provide the following attachments:
1) Project Description
Attach as Attachment A: Project Description. Provide a detailed written description that concisely and completely describes the project and location. Include the following information:
• All activities proposed for the site or project, including roads utilized, construction staging areas, and the installation of underground facilities, to ensure the entire project is covered by the HCP/NCCP permit
• Proposed construction dates, including details on construction phases, if applicable • Reference a City/County application number for the project, if applicable • General Best Management Practices, if applicable
• If the project will have temporary impacts, please provide a restoration plan describing how the site will be restored to pre-project conditions, including revegetation seed mixes or plantings and timing 2) Project Vicinity Map
Provide a project vicinity map. Attach as Figure 1 in Attachment B: Figures. 3) Project Site Plans
Provide any project site plans for the project. Attach as Figure 2 in Attachment B: Figures. 4) CEQA Document
Indicate the status of CEQA documents prepared for the project. Provide additional comments below table if necessary.

Type of Document Status Date Completed
Initial Study Not yet initiated N/A
Notice of Preparation
Draft EIR
Final EIR
Notice of Categorical Exemption
Notice of Statutory Exemption
Other (describe)
III. EXISTING CONDITIONS AND IMPACTS
Please complete and/or provide the following attachments:
1) Field-Verified Land Cover Map2
Attach a field-verified land cover map in Attachment B: Figures and label as Figure 3. The map should contain all land cover types present on-site overlaid on aerial/satellite imagery. Map colors for the land cover types should conform to the HCP/NCCP (see Figure 3-3: Landcover in the Inventory Area for land cover type legend).
2) Photographs of the Project Site
Attach representative photos of the project site in Attachment B: Figures and label as Figure 4. Please provide captions for each photo.
2 For PSEs and city or county public works projects, please also identify permanent and temporary impact areas by overlaying crosshatching (permanent impacts) and hatching (temporary impacts) on the land cover map.

EXHIBIT A
585

Planning Survey Report Form, Revised July 2015
3) Land Cover Types and Impacts and Supplemental Tables • For all terrestrial land cover types please provide calculations to the nearest hundredth of an acre (0.01).

For aquatic land cover types please provide calculations to the nearest thousandth of an acre (0.001). • Permanent Impacts are broadly defined in the ECCC HCP/NCCP to include all areas removed from an undeveloped or habitat-providing state and includes land in the same parcel or project that is not developed, graded, physically altered, or directly affected in any way but is isolated from natural areas by the covered activity. Unless such undeveloped land is dedicated to the Preserve System or is a deed-restricted creek setback, the development mitigation fee will apply (if proposed, would require Conservancy approval). • Temporary Impacts are broadly defined in the ECCC HCP/NCCP as any impact on vegetation or habitat that does not result in permanent habitat removal (i.e., vegetation can eventually recover). • If wetland (riparian woodland/scrub, wetland, or aquatic) land cover types are present on the parcel but will not be impacted please discuss in the following section 4) Jurisdictional Wetlands and Waters. Wetland impact fees will only be charged if wetland features are impacted. However, development fees will apply to the entire parcel. • Stream land cover type is considered a linear feature where impacts are calculated based on length impacted. The acreage within a stream, below Top of Bank (TOB), must be assigned to the adjacent land cover type(s). Insert area of impact to stream below TOB in parentheses after the Land Cover acreage number (e.g., Riparian Woodland/Scrub: 10 (0.036) – where 10 is the total impacted acreage including 0.036 acre, which is the acreage within stream TOB).

Complete following supplemental Stream Feature Detail table to provide information for linear feet. • Total Impacts acreage should be the total parcel acreage (development project) or project footprint acreage (rural infrastructure or utility project).

Table 1: Land Cover Types and Impacts
Land Cover Type Permanent
Impacts
Temporary
Impacts
Stream Setback Preserve System
Dedication
Grassland
Annual Grassland
Alkali Grassland
Ruderal 50.44
Shrubland
Chaparral and Scrub
Woodland
Oak Savannah
Oak Woodland
Riparian
Riparian Woodland/Scrub
Wetland
Permanent Wetland
Seasonal Wetland
Alkali Wetland
Aquatic
Aquatic (Reservoir/Open Water)
Slough/Channel
Pond
Stream (in linear feet) - - - -
Irrigated Agriculture
Pasture
Cropland
Orchard
Vineyard
Other
Nonnative woodland
Wind turbines
Developed (not counted toward Fees)
Urban 0.37
Aqueduct
Turf
Landfill
TOTAL IMPACTS 50.81
Proposed for HCP/NCCP
Dedication on the Parcel
(Requires Conservancy Approval)

EXHIBIT A
586

Planning Survey Report Form, Revised July 2015
Identify any uncommon vegetation and uncommon landscape features3:

Supplemental to Table 1: Uncommon Vegetation and Landscape Features Please provide details of impacts to stream features:

Stream Name: None
Watershed:

Supplemental to Table 1: Stream Feature Detail5
3 These acreages are for Conservancy tracking purposes. Impacts to these uncommon vegetation and landscape features should be accounted for within the land cover types in Table 1 (e.g., x acres of purple needlegrass in this supplemental table should be accounted for within annual grassland in Table 1). 4 Insert amount/number, not acreage. Provide additional information on these features in Attachment A: Project Description. 5 Use more than 1 row as necessary to describe impacts to streams on site. 6 See glossary (Appendix A) for definition of stream type and order. 7 Stream length is measured along stream centerline, based on length of impact to any part of the stream channel, TOB to TOB.

Permanent
Impacts
Temporary
Impacts
Uncommon Grassland Alliances
Purple Needlegrass Grassland
Blue Wildrye Grassland
Creeping Ryegrass Grassland
Wildflower Fields
Squirreltail Grassland
One-sided Bluegrass Grassland
Serpentine Bunchgrass Grassland
Saltgrass Grassland
Alkali Sacaton Bunchgrass Grassland
Other
Uncommon Landscape Features
Rock Outcrops
Caves
Springs and seeps
Scalds
Sand Deposits
Mines4
Buildings (bat roosts)3
Potential nest sites (trees or cliffs)3 2 trees
Stream Width Stream Type6 Permanent Impacts
(linear feet)7
Temporary Impacts
(linear feet)7
≤ 25 feet wide
> 25 feet wide
Perennial
Intermittent
Ephemeral, 3rd or higher order
Ephemeral, 1st or 2nd order

≤ 25 feet wide
> 25 feet wide
Perennial
Intermittent
Ephemeral, 3rd or higher order
Ephemeral, 1st or 2nd order

≤ 25 feet wide
> 25 feet wide
Perennial
Intermittent
Ephemeral, 3rd or higher order
Ephemeral, 1st or 2nd order

EXHIBIT A
587

Planning Survey Report Form, Revised July 2015
4) Summary of Land Cover Types
Please provide a written summary of descriptions for land cover types found on site including characteristic vegetation.

A field survey was conducted on June 15, 2023 and a follow-up survey was conducted on June 5, 2025.

Ruderal Grassland: There is 50.44 acres of the “Ruderal Grassland” land cover type in the site. The grasslands in the site have been highly disturbed by past agricultural use and grading of much of the site 15+ years ago; the site is primarily bare dirt with limited vegetation (Figures 4a – 4d). The north part of the site was an orchard before it was rough-graded between 2007-2008. The south part of the site appears to have been a vineyard that was removed between 2020-2021. The north part of the site currently consists of roughgraded house pads and roads and the south part of the site contains resprouted vines and other small shrubs.

Soils in the site are very sandy. Grassland species observed in the site include field bindweed (Convolvulus arvensis), Russian thistle (Salsola tragus), oats (Avena sp.), and wild mustard (Sinapis arvensis).

Urban/Developed (Off-site Improvements): There is 0.37 acres of the “Urban/Developed” land cover type in an off-site area subject to road improvements as part of the project. The urban land is Sellers Avenue along the east edge of the site (see Figure 3, 4h, and 5a).

Trees: There are only two trees in the site. There is large palm at a former home site in the northeast part of the site and an ornamental along the south fence line. There are several other trees adjacent to the south edge of the site and a few adjacent to the west edge, all of which appear to be just off-site. 5) Jurisdictional Wetlands and Waters
If wetlands and waters are present on the project site, project proponents must conduct a delineation of jurisdictional wetlands and waters. Jurisdictional wetlands and waters are defined on pages 1-18 and 1-19 of the ECCC HCP/NCCP as the following land cover types: permanent wetland, seasonal wetland, alkali wetland, aquatic, pond, slough/channel, and stream. It should be noted that these features differ for federal and state jurisdictions. If you have identified any of these land cover types in Table 1, complete the section below. a) Attach the wetland delineation report as Attachment E: Wetland Delineation. If a wetland delineation has not been completed, please explain below in section 4c. b) Please check the following permits the project may require. Please submit copies of these permits to the Conservancy prior to the start of construction:

CWA Section 404 Permit8 CWA Section 401 Water Quality Certification Waste Discharge Requirements Lake and Streambed Alteration Agreement c) Provide any additional information on impacts to jurisdictional wetland and waters below, including status of the permit(s):

An assessment of potentially jurisdictional Waters of the U.S. or wetlands in the site was undertaken on June 15, 2023 and June 5, 2025.

There are no potentially jurisdictional Waters of the U.S. or wetlands in the site. The site consists primarily of highly disturbed ruderal grassland vegetation and on-site soils are sandy and appear well draining.
6) Species-Specific Planning Survey Requirements
Based on the land cover types found on-site and identified in Table 1, check the applicable boxes in Table 2a. 8 The USACE Sacramento District issued a Regional General Permit 1 (RGP) related to ECCC HCP/NCCP covered activities. The RGP is designed to streamline wetland permitting in the entire ECCC HCP/NCCP Plan Area by coordinating the avoidance, minimization, and mitigation measures in the Plan with the Corps’ wetland permitting requirement. Applicants seeking authorization under this RGP shall notify the Corps in accordance with RGP general condition number 18 (Notification).

EXHIBIT A
588

Planning Survey Report Form, Revised July 2015
Table 2a. Species –Specific Planning Survey Requirements Land Cover Type
in Project Area Required Survey Species Habitat Element in Project Area Planning Survey Requirement9 Info in HCP Grasslands,
oak savannah,
agriculture, or
ruderal
San Joaquin kit fox Assumed if within modeled range
of species
If within modeled range of
species, identify and map
potential breeding or
denning habitat within the
project site and a 250-ft
radius around the project
footprint.
pp. 6-37 to
6-38
Western burrowing
owl
Assumed Identify and map potential
breeding habitat within the
project site and a 500-ft
radius around the project
footprint. Please note the
HCP requires buffers for
occupied burrows. Surveys
may need to encompass an
area larger than the project
footprint.
pp. 6-39 to
6-41
Aquatic
(ponds,
wetlands,
streams, sloughs,
channels, and
marshes)
Giant garter snake Aquatic habitat accessible from
the San Joaquin River
Identify and map potential
habitat.
pp. 6-43 to
6-45
California tiger
salamander
Ponds and wetlands
Vernal pools
Reservoirs
Small lakes
Identify and map potential
breeding habitat. Document
habitat quality and features.

Provide the Conservancy
with photo-documentation
and report.
pp. 6-45
California
red-legged frog
Slow-moving streams, ponds and
wetlands
Identify and map potential
breeding habitat. Document
habitat quality and features.

Provide the Conservancy
with photo-documentation
and report.
p. 6-46
Covered shrimp Seasonal wetlands
Vernal pools
Sandstone rock outcrops
Sandstone depressions
Identify and map potential
habitat.

Please note the HCP requires
a 50 foot non-disturbance
buffer from seasonal
wetlands that may be
occupied by covered shrimp.

Surveys may need to
encompass an area larger
than the project footprint.
pp. 6-46 to
6-48
Any Townsend’s big-eared
bat
Rock formations with caves
Mines
Abandoned buildings outside
urban area
Map and document potential
breeding or roosting habitat.
pp. 6-36 to
6-37
Swainson’s hawk Potential nest sites within 1,000
feet of project
Inspect large trees for
presence of nest sites.

Document and map.
pp. 6-41 to
6-43
Golden Eagle Potential nest sites with ½ mile of
project
Inspect large trees for
presence of nest sites.

Document and map.
pp. 6-38 to
6-39
Surveys for all covered species must be conducted by a qualified biologist (USFWS/CDFW project-specific approved). Please submit biologist approval request to the East Contra Costa County Habitat Conservancy.

Surveys for all covered species must be conducted according to the respective USFWS or CDFW survey protocols, as identified in Chapter

6.4.3 in the HCP/NCCP.
9 The planning survey requirements in this table are not comprehensive. Please refer to Chapter 6.4.3 in the ECCC HCP/NCCP for more detail.

EXHIBIT A
589

Planning Survey Report Form, Revised July 2015
7) Planning Survey Species Habitat Maps
Provide Planning Survey Species Habitat Maps as required in Table 2a, attach as Figure 5 in Attachment B:

Figures.
8) Results of Species Specific Surveys
Provide a written summary describing the results of the planning surveys. Please discuss the location, quantity, and quality of suitable habitat for specified covered wildlife species on the project site.

General Setting: The 50.81+/- acre Project Site is in Oakley, in Contra Costa County, California (Figure 1). The Study Area is located just west of Sellers Avenue and just south of Kings Canyon Way and Teton Road. The site is within Section 31, in Township 2 North, Range 3 East of the USGS 7.5-minute Brentwood topographic quadrangle. The site has been leveled and is situated at approximately 25 feet above mean sea level.

Surrounding land uses in this portion of Oakley are primarily agricultural and residential, with a mixture of residential subdivisions and larger, ranchette-styled homes on larger parcels. Marsh Creek is situated just west of the site and Sellers Avenue is situated to the east. A residential subdivision, larger home site, and grassland fields border the north edge of the site. There are a few ranchette-styled homes to the south of the site. There is an abandoned nursery situated just southeast of the site.

Western Burrowing Owl: The project site contains ruderal grassland and is within the range of western burrowing owl (Athene cunicularia). California Department of Fish and Wildlife’s (CDFW) California Natural Diversity Database (CNDDB, 2025) does not contain any records of western burrowing owl within 500 feet of the site or in the larger geographical area depicted in Figure 5b. The site was inspected for burrowing owls and ground squirrel burrows with evidence of burrowing owl occupancy (i.e., white wash, pellets, feathers).

Comprehensive inspection of potential burrowing owl habitat was accomplished by walking meandering transects throughout the property. Although several ground squirrel burrows were observed in the site, no western burrowing owls or burrows with evidence of burrowing owl occupancy were observed. Further, most of the ground squirrel burrows appeared unoccupied as cobwebs were seen at the entrance in a majority of the burrows in the site.

Swainson’s Hawk: The site contains areas of ruderal grassland and is along the western edge of the range of Swainson’s hawks (Buteo swainsoni). There are two trees in the site that are potentially suitable for nesting Swainson’s hawks and there are several potential nest trees adjacent to and visible from the site that are also suitable, including a row of trees just off-site to the south. All trees in the site and visible from the site were inspected for raptor stick nests and none were observed. No Swainson’s hawks were observed during the field surveys, which were conducted within the nesting period for this species. CDFW’s CNDDB (2025)contains no occurrences of Swainson’s hawk within 1,000 feet of the site or within the larger geographical area depicted in Figure 5b.

Golden Eagle: The site contains ruderal grassland and is within the range of golden eagles (Aquila chrysaetos).

CDFW’s CNDDB (2025) contains no occurrences of golden eagle within 0.5 miles of the site or within the larger geographical area depicted in Figure 5b. There are 2 trees in the site that are potentially suitable for nesting golden eagles and several other large trees adjacent to and visible from the site. Trees in the site and visible from the site were inspected for raptor stick nests and none were observed. No golden eagles were observed during the surveys and this species nests more often on cliffs in remote natural areas than in trees near urban settings.
9) Covered and No-Take Plants
Please check the applicable boxes in Table 2b based on the land cover types found in the project area. If suitable land cover types are present on site, surveys must be conducted using approved CDFW/USFWS methods during the appropriate season for identification of covered and no-take species (see page 6-9 of the ECCC HCP/NCCP). Reference populations of covered and no-take plants should be visited, where possible, prior to conducting surveys to confirm that the plant species is visible and detectable at the time surveys are conducted. In order to complete all the necessary covered and no-take plant surveys, spring, summer, and fall surveys may be required.

EXHIBIT A
590

Planning Survey Report Form, Revised July 2015
Table 2b. Covered and No-Take Plant Species
Plant Species
Covered
(C) or NoTake (N)Associated Land
Cover Type
Typical Habitat or Physical Conditions, if
Known
Typical Blooming
Period
Suitable Land
Cover Type
Present
Adobe navarretia
(Navarretia nigelliformis ssp.
radians) a
C Annual Grassland Generally found on clay barrens in Annual Grassland bApr–Jun Yes No
Alkali milkvetch
(Astragalus tener ssp. tener)
N Alkali grassland
Alkali wetland
Annual grassland
Seasonal wetland
Generally found in vernally moist habitat in soils with a slight to strongly elevated pH
Mar–Jun Yes
No
Big tarplant
(Blepharizonia plumosa)
C Annual grassland Elevation below 1500 feet d most often on Altamont Series or Complex soils
Jul–Oct Yes
No
Brewer’s dwarf flax
(Hesperolinon breweri)
C Annual grassland
Chaparral and scrub
Oak savanna
Oak woodland
Generally, restricted to grassland areas within a 500+
buffer from oak woodland and/or chaparral/scrub d
May–Jul Yes
No
Brittlescale
(Atriplex depressa)
C Alkali grassland
Alkali wetland
Restricted to soils of the Pescadero or Solano soil
series; generally found in southeastern region of plan
area d
May–Oct Yes
No
Caper-fruited tropidocarpum
(Tropidocarpum capparideum)
N Alkali grassland Mar–Apr Yes
No
Contra Costa goldfields
(Lasthenia conjugens)
N Alkali grassland
Alkali wetland
Annual grassland
Seasonal wetland
Generally found in vernal pools Mar–Jun Yes
No
Diablo Helianthella
(Helianthella castanea)
C Chaparral and scrub
Oak savanna
Oak woodland
Elevations generally above 650 feet d Mar–Jun Yes
No
Diamond-petaled poppy
(Eschscholzia rhombipetala)
N Annual grassland Mar–Apr Yes
No
Large-flowered fiddleneck
(Amsinckia grandiflora)
N Annual grassland Generally on clay soil Apr–May Yes
No
Mount Diablo buckwheat
(Eriogonum truncatum)
N Annual grassland
Chaparral and scrub
Ecotone of grassland and chaparral/scrub Apr–Sep Yes
No
Mount Diablo fairy-lantern
(Calochortus pulchellus)
C Annual grassland
Chaparral and scrub
Oak savanna
Oak woodland
Elevations generally between 650 and 2,600d Apr–Jun Yes No
Mount Diablo Manzanita
(Arctostaphylos auriculata)
C Chaparral and scrub Elevations generally between 700 and 1,860 feet; restricted to the eastern and northern flanks of Mt.

Diablo d and the vicinity of Black Diamond Mines
Jan–Mar Yes
No
Recurved larkspur
(Delphinium recurvatum)
C Alkali grassland
Alkali wetland
Mar–Jun Yes
No
Round-leaved filaree
(California macrophylla) c
C Annual grassland Mar–May Yes
No
San Joaquin spearscale
(Extriplex joaquiniana) e
C Alkali grassland
Alkali wetland
Apr–Oct Yes
No
Showy madia
(Madia radiata)
C Annual grassland
Oak savanna
Oak woodland
Primarily occupies open grassland or grassland on
edge of oak woodland
Mar–May Yes
No
a The species Navarretia nigelliformis subsp. nigelliformis is no longer considered to occur within Contra Costa County based on specimen annotations at the UC and Jepson Herbaria at the University of California Berkeley as well as the opinions of experts in the genus. This taxon is now recognized as Navarretia nigelliformis subsp. radians. Any subspecies of Navarretia nigelliformis encountered as a part of botanical surveys in support of a PSR should be considered as covered under this HCP/NCCP. b Habitat for the Navarretia nigelliformis subspecies that occurs within the inventory are is inaccurately described in the HCP/NCCP as vernal pools. The entity within the Inventory generally occupies clay barrens within Annual Grassland habitat, which is an upland habitat type. c From California Native Plant Society. 2007. Inventory of Rare and Endangered Plants (online edition, v7-07d). Sacramento, CA. Species may be identifiable outside of the typical blooming period; a professional botanist shall determine if a covered or no take plant occurs on the project site. Reference population of covered and no-take plants should be visited, where possible, prior to conducting surveys to confirm that the plant is visible and detectable at the time surveys are conducted. d See Species Profiles in Appendix D of the Final HCP/NCCP. Reference populations of covered and no-take plants should be visited, where possible, prior to conducting surveys to confirm that the plant species is visible and detectable at the time surveys are conducted. e In the recent update to the Jepson eflora (JFP 2013) Atriplex joaquinana has been circumscribed and segregated into a new genus called Extriplex based on the work of Elizabeth Zacharias and Bruce Baldwin (2010). The etymology of the genus Extriplex means, “beyond or outside Atriplex”.

EXHIBIT A
591

Planning Survey Report Form, Revised July 2015
10) Results of Covered and No-Take Plant Species
Provide a written summary describing the results of the planning surveys conducted as required in Table 2b.

Describe the methods used to survey the site for all covered and no-take plants, including the dates and times of all surveys conducted (see Tables 3-8 and 6-5 of the ECCC HCP/NCCP for covered and no-take plants), including reference populations visited prior to conducting surveys.

If any covered or no-take plant species were found, include the following information in the results summary:
• Description and number of occurrences and their rough population size. • Description of the “health” of each occurrence, as defined on pages 5-49 and 5-50 of the HCP/NCCP. • A map of all the occurrences.
• Justification of surveying time window, if outside of the plant’s blooming period. • The CNDDB form(s) submitted to CDFW (if this is a new occurrence). • A description of the anticipated impacts that the covered activity will have on the occurrence and how the project will avoid impacts to all covered and no-take plant species. If impacts to covered plant species cannot be avoided and plants will be removed by covered activity, the Conservancy must be notified and has the option to salvage the covered plants. All projects must demonstrate avoidance of all six no-take plants (see table 6-5 of the HCP/NCCP).

Survey Methods
A survey to assess potentially suitable habitat for special-status plants was undertaken on June 15, 2023. The site was systematically searched by walking and/or driving throughout the site.

Survey Results and Discussion
The site is ruderal grassland almost completely void of vegetation; a majority of the site is bare dirt. Due to an absence of potentially suitable habitat for special-status plants, focused surveys during the blooming period of each species in Table 2b were not warranted.

IV. SPECIES-SPECIFIC AVOIDANCE AND MINIMIZATION REQUIREMENTS Please complete and/or provide the following attachments:
1) Species-Specific Avoidance and Minimization for Selected Covered Wildlife Complete the following table and check the applicable box for covered species determined by the planning surveys.

Table 3. Summary of Applicable Preconstruction Surveys, Avoidance and Minimization, and Construction Monitoring Requirements10
Species Preconstruction Survey
Requirements
Avoidance and Minimization
Requirements
Construction Monitoring Required Info in
HCP
San
Joaquin
kit fox
• On project footprint and 250-ft
radius, map all dens (>5 in.
diameter) and determine status
• Provide written survey results
to USFWS within 5 working
days after surveying
• Monitor dens
• Destroy unoccupied dens
• Discourage use of occupied (nonnatal) dens
• Establish exclusion zones ( >50 ft
for potential dens, and >100 ft for
known dens)
• Notify USFWS of occupied natal
dens
pp. 6-37
to 6-38
Western
burrowing
owl
• On project footprint and 500-ft
radius, identify and map all
owls and burrows, and
determine status
• Document use of habitat (e.g.
breeding, foraging)
• Avoid occupied nests during
breeding season (Feb-Sep)
• Avoid occupied burrows during
nonbreeding season (Sep – Feb)
• Install one-way doors in occupied
burrow (if avoidance not possible)
• Monitor burrows with doors
installed
• Establish buffer zones (250 ft
around nests)
• Establish buffer zones (160 ft
around burrows)
pp. 6-39
to 6-41
10 The requirements in this table are not comprehensive; they are detailed in the next section on the following page.

EXHIBIT A
592

Planning Survey Report Form, Revised July 2015
Giant
garter
snake
• Delineate aquatic habitat up to
200 ft from water’s edge on
each side
• Document any occurrences
• Limit construction to Oct-May
• Dewater habitat April 15 – Sep 30
prior to construction
• Minimize clearing for construction
• Delineate 200 ft buffer around
potential habitat near construction
• Provide field report on monitoring
efforts
• Stop construction activities if
snake is encountered; allow snake
to passively relocate
• Remove temporary fill or debris
from construction site
• Mandatory training for
construction personnel
pp. 6-43
to 6-45
California
tiger
salamander
• Provide written notification to
USFWS and CDFW regarding
timing of construction and
likelihood of occurrence on site
• Allow agency staff to translocate
species, if requested
• None p. 6-45
California
red-legged
frog
• Provide written notification to
USFWS and CDFW regarding
timing of construction and
likelihood of occurrence on site
• Allow agency staff to translocate
species, if requested
• None p. 6-46
Covered
shrimp
• Establish presence/absence
• Document and evaluate use of
all habitat features (e.g. vernal
pools, rock outcrops)
• Establish buffer near construction
activities
• Prohibit incompatible activities
• Establish buffer around outer edge
of all hydric vegetation associated
with habitat (50 ft or immediate
watershed, whichever is larger)
• Mandatory training for
construction personnel
pp. 6-46
to 6-48
Townsend’s
big-eared
bat
• Establish presence/absence
• Determine if potential sites
were recently occupied (guano)
• Seal hibernacula before Nov
• Seal nursery sites before April
• Delay construction near occupied
sites until hibernation or nursery
seasons are over
• None pp. 6-36
to 6-37
Swainson’s
hawk
• Determine whether potential
nests are occupied
• No construction within 1,000 ft of
occupied nests within breeding
season (March 15 - Sep 15)
• If necessary, remove active nest
tree after nesting season to
prevent occupancy in second year.
• Establish 1,000 ft buffer around
active nest and monitor
compliance (no activity within
established buffer)
pp. 6-41
to 6-43
Golden
Eagle
• Establish presence/absence of
nesting eagles
• No construction within ½ mile near
active nests (most activity late Jan
– Aug)
• Establish ½ mile buffer around
active nest and monitor
compliance with buffer
pp. 6-38
to 6-39
2) Required Preconstruction Surveys, Avoidance and Minimization, and Construction Monitoring All preconstruction surveys shall be conducted in accordance with the requirements set forth in Section 6.4.3, Species-Level Measures, and Table 6-1 of the ECCC HCP/NCCP. Detailed descriptions of preconstruction surveys, avoidance and minimization, and construction monitoring applicable to each of the wildlife species in Table 3 are located below. Please remove the species-specific measures that do not apply to your project (highlight entire section and delete).

WESTERN BURROWING OWL
Preconstruction Surveys
Prior to any ground disturbance related to covered activities, a USFWS/CDFW- approved biologist will conduct a preconstruction survey in areas identified in the planning surveys as having potential burrowing owl habitat.

The surveys will establish the presence or absence of western burrowing owl and/or habitat features and evaluate use by owls in accordance with CDFW survey guidelines (California Department of Fish and Game 1995).

On the parcel where the activity is proposed, the biologist will survey the proposed disturbance footprint and a 500-foot radius from the perimeter of the proposed footprint to identify burrows and owls. Adjacent parcels under different land ownership will not be surveyed. Surveys should take place near sunrise or sunset in accordance with CDFW guidelines. All burrows or burrowing owls will be identified and mapped. Surveys will take place no more than 30 days prior to construction. During the breeding season (February 1– August 31), surveys will document whether burrowing owls are nesting in or directly adjacent to disturbance areas. During

EXHIBIT A
593

Planning Survey Report Form, Revised July 2015
the nonbreeding season (September 1–January 31), surveys will document whether burrowing owls are using habitat in or directly adjacent to any disturbance area. Survey results will be valid only for the season (breeding or nonbreeding) during which the survey is conducted.

Avoidance and Minimization and Construction Monitoring
This measure incorporates avoidance and minimization guidelines from CDFW’s Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 1995).

If burrowing owls are found during the breeding season (February 1 – August 31), the project proponent will avoid all nest sites that could be disturbed by project construction during the remainder of the breeding season or while the nest is occupied by adults or young. Avoidance will include establishment of a non-disturbance buffer zone (described below). Construction may occur during the breeding season if a qualified biologist monitors the nest and determines that the birds have not begun egg-laying and incubation or that the juveniles from the occupied burrows have fledged. During the nonbreeding season (September 1 – January 31), the project proponent should avoid the owls and the burrows they are using, if possible. Avoidance will include the establishment of a buffer zone (described below).

During the breeding season, buffer zones of at least 250 feet in which no construction activities can occur will be established around each occupied burrow (nest site). Buffer zones of 160 feet will be established around each burrow being used during the nonbreeding season. The buffers will be delineated by highly visible, temporary construction fencing.

If occupied burrows for burrowing owls are not avoided, passive relocation will be implemented. Owls should be excluded from burrows in the immediate impact zone and within a 160-foot buffer zone by installing oneway doors in burrow entrances. These doors should be in place for 48 hours prior to excavation. The project area should be monitored daily for 1 week to confirm that the owl has abandoned the burrow. Whenever possible, burrows should be excavated using hand tools and refilled to prevent reoccupation (California Department of Fish and Game 1995). Plastic tubing or a similar structure should be inserted in the tunnels during excavation to maintain an escape route for any owls inside the burrow.

SWAINSON’S HAWK
Preconstruction Survey
Prior to any ground disturbance related to covered activities that occurs during the nesting season (March 15– September 15), a qualified biologist will conduct a preconstruction survey no more than 1 month prior to construction to establish whether Swainson’s hawk nests within 1,000 feet of the project site are occupied. If potentially occupied nests within 1,000 feet are off the project site, then their occupancy will be determined by observation from public roads or by observations of Swainson’s hawk activity (e.g., foraging) near the project site. If nests are occupied, minimization measures and construction monitoring are required (see below).

Avoidance and Minimization and Construction Monitoring
During the nesting season (March 15–September 15), covered activities within 1,000 feet of occupied nests or nests under construction will be prohibited to prevent nest abandonment. If site-specific conditions or the nature of the covered activity (e.g., steep topography, dense vegetation, limited activities) indicate that a smaller buffer could be used, the Implementing Entity will coordinate with CDFW/USFWS to determine the appropriate buffer size.

If young fledge prior to September 15, covered activities can proceed normally. If the active nest site is shielded from view and noise from the project site by other development, topography, or other features, the project applicant can apply to the Implementing Entity for a waiver of this avoidance measure. Any waiver must also be approved by USFWS and CDFW. While the nest is occupied, activities outside the buffer can take place.

All active nest trees will be preserved on site, if feasible. Nest trees, including non-native trees, lost to covered activities will be mitigated by the project proponent according to the requirements below.

Mitigation for Loss of Nest Trees
The loss of non-riparian Swainson’s hawk nest trees will be mitigated by the project proponent by:

EXHIBIT A
594

Planning Survey Report Form, Revised July 2015
• If feasible on-site, planting 15 saplings for every tree lost with the objective of having at least 5 mature trees established for every tree lost according to the requirements listed below.

AND either
1) Pay the Implementing Entity an additional fee to purchase, plant, maintain, and monitor 15 saplings on the HCP/NCCP Preserve System for every tree lost according to the requirements listed below, OR
2) The project proponent will plant, maintain, and monitor 15 saplings for every tree lost at a site to be approved by the Implementing Entity (e.g., within an HCP/NCCP Preserve or existing open space linked to HCP/NCCP preserves), according to the requirements listed below.

The following requirements will be met for all planting options:
• Tree survival shall be monitored at least annually for 5 years, then every other year until year 12. All trees lost during the first 5 years will be replaced. Success will be reached at the end of 12 years if at least 5 trees per tree lost survive without supplemental irrigation or protection from herbivory. Trees must also survive for at least three years without irrigation. • Irrigation and fencing to protect from deer and other herbivores may be needed for the first several years to ensure maximum tree survival.
• Native trees suitable for this site should be planted. When site conditions permit, a variety of native trees will be planted for each tree lost to providetrees with different growth rates, maturation, and life span, and to provide a variety of tree canopy structures for Swainson’s hawk. This variety will help to ensure that nest trees will be available in the short term (5-10 years for cottonwoods and willows) and in the long term (e.g., Valley oak, sycamore). This will also minimize the temporal loss of nest trees. • Riparian woodland restoration conducted as a result of covered activities (i.e., loss of riparian woodland) can be used to offset the nest tree planting requirement above, if the nest trees are riparian species.
• Whenever feasible and when site conditions permit, trees should be planted in clumps together or with existing trees to provide larger areas of suitable nesting habitat and to create a natural buffer between nest trees and adjacent development (if plantings occur on the development site). • Whenever feasible, plantings on the site should occur closest to suitable foraging habitat outside the UDA.
• Trees planted in the HCP/NCCP preserves or other approved offsite location will occur within the known range of Swainson’s hawk in the inventory area and as close as possible to high-quality foraging habitat.

GOLDEN EAGLE
Preconstruction Survey
Prior to implementation of covered activities, a qualified biologist will conduct a preconstruction survey to establish whether nests of golden eagles are occupied (see Section 6.3.1, Planning Surveys). If nests are occupied, minimization requirements and construction monitoring will be required.

Avoidance and Minimization
Covered activities will be prohibited within 0.5 mile of active nests. Nests can be built and active at almost any time of the year, although mating and egg incubation occurs late January through August, with peak activity in March through July. If site-specific conditions or the nature of the covered activity (e.g., steep topography, dense vegetation, limited activities) indicate that a smaller buffer could be appropriate or that a larger buffer should be implemented, the Implementing Entity will coordinate with CDFW/USFWS to determine the appropriate buffer size.

Construction Monitoring
Construction monitoring will focus on ensuring that no covered activities occur within the buffer zone established around an active nest. Although no known golden eagle nest sites occur within or near the ULL, covered activities inside and outside of the Preserve System have the potential to disturb golden eagle nest sites. Construction monitoring will ensure that direct effects to golden eagles are minimized.

EXHIBIT A
595

Planning Survey Report Form, Revised July 2015
3) Construction Monitoring Plan
Before implementing a covered activity, the applicant will develop and submit a construction monitoring plan to the planning department of the local land use jurisdiction and the East Contra Costa County Habitat Conservancy for review and approval. Elements of a brief construction monitoring plan will include the following:
• Results of planning and preconstruction surveys.11
• Description of avoidance and minimization measures to be implemented, including a description of project-specific refinements to the measures or additional measures not included in the HCP/NCCP. • Description of monitoring activities, including monitoring frequency and duration, and specific activities to be monitored.
• Description of the onsite authority of the construction monitor to modify implementation of the activity.

Check box to acknowledge this requirement.

V. SPECIFIC CONDITIONS ON COVERED ACTIVITIES
1) Check off the HCP conservation measures that apply to the project.

APPLIES TO ALL PROJECTS
Conservation Measure 1.11. Avoid Direct Impacts on Extremely Rare Plants, Fully Protected Wildlife Species, or Migratory Birds. This conservation measure applies to all projects. All projects will avoid all impacts on extremely rare plants and fully protected species listed in Table 6-5 of the ECCC HCP/NCCP. See HCP pp. 6-23 to 6-25, and Table 6-5.

APPLIES TO PROJECTS THAT IMPACT COVERED PLANT SPECIES
Conservation Measure 3.10. Plant Salvage when Impacts are Unavoidable. This condition applies to projects that cannot avoid impacts on covered plants and help protect covered plants by prescribing salvage whenever avoidance of impacts is not feasible. Project proponents wishing to remove populations of covered plants must notify the Conservancy of their construction schedule to allow the Conservancy the option of salvaging the populations. See HCP pp. 6-48 to 6-50.

APPLIES TO PROJECTS THAT INCLUDE ARE ADJACENT TO STREAMS, PONDS, OR WETLANDS Conservation Measure 2.12. Wetland, Pond, and Stream Avoidance and Minimization. All projects will implement measures described in the HCP to avoid and minimize impacts on wetlands, ponds, streams, and riparian woodland/scrub. See HCP pp. 6-33 to 6-35.

APPLIES TO NEW DEVELOPMENT PROJECTS
Conservation Measure 1.10. Maintain Hydrologic Conditions and Minimize Erosion. All new development must avoid or minimize direct and indirect impacts on local hydrological conditions and erosion by incorporating the applicable Provision C.3 Amendments of the Contra Costa County Clean Water Program’s (CCCCWP’s) amended NPDES Permit (order no. R2-2003-0022; permit no. CAS002912). The overall goal of this measure is to ensure that new development covered under the HCP has no or minimal adverse effects on downstream fisheries to avoid take of fish listed under ESA or CESA. See HCP pp. 6-21 to 6-22.

APPLIES TO NEW DEVELOPMENT PROJECTS THAT INCLUDE OR ARE ADJACENT TO STREAMS, PONDS, OR WETLANDS Conservation Measure 1.7. Establish Stream Setbacks. A stream setback will be applied to all development projects covered by the HCP according to the stream types listed in Table 6-2 of the HCP. See HCP pp. 6-15 to 6-18 and Table 6-2.

APPLIES TO NEW DEVELOPMENT PROJECTS ADJACENT TO EXISTING PUBLIC OPEN SPACE, HCP PRESERVES, OR LIKELY HCP ACQUISITION SITES
Conservation Measure 1.6. Minimize Development Footprint Adjacent to Open Space. Project applicants are encouraged to minimize their development footprint and set aside portions of their land to contribute to the HCP Preserve System. Land set aside that contributes to the HCP biological goals and objectives may be credited against development fees. See HCP pages 6-14 to 6-15.

Conservation Measure 1.8. Establish Fuel Management Buffer to Protect Preserves and Property. Buffer zones will provide a buffer between development and wildlands that allows adequate fuel management to minimize the risk of wildlife damage to property or to the preserve. The minimum buffer zone for new development is 100 feet. See HCP pages 6-18 to 6-19. 11 If the preconstruction surveys do not trigger construction monitoring, results of preconstruction surveys should still be submitted to the local jurisdiction and the East Contra Costa County Habitat Conservancy.

EXHIBIT A
596

Planning Survey Report Form, Revised July 2015
Conservation Measure 1.9. Incorporate Urban-Wildlife Interface Design Elements. These projects will incorporate design elements at the urban-wildlife interface to minimize the indirect impacts of development on the adjacent preserve. See HCP pp. 6-20 to 6-21.

APPLIES TO ROAD MAINTENANCE PROJECTS OUTSIDE THE UDA
Conservation Measure 1.12. Implement Best Management Practices for Rural Road Maintenance. Road maintenance activities have the potential to affect covered species by introducing sediment and other pollutants into downstream waterways, spreading invasive weeds, and disturbing breeding wildlife. In order to avoid and minimize these impacts, BMPs described in the HCP will be used where appropriate and feasible. See HCP pp. 6-25 to 6-26.

APPLIES TO NEW ROADS OR ROAD IMPROVEMENTS OUTSIDE THE UDA Conservation Measure 1.14. Design Requirements for Covered Roads Outside the Urban Development Area (UDA). New roads or road improvements outside the UDA have impacts on many covered species far beyond the direct impacts of their project footprints. To minimize the impacts of new, expanded, and improved roads in agricultural and natural areas of the inventory area, road and bridge construction projects will adopt siting, design, and construction requirements described in the HCP and listed in Table 6-6. See HCP pp. 6-27 to 6-33 and Table 6-6.

APPLIES TO FLOOD CONTROL MAINTENANCE ACTIVITIES
Conservation Measure 1.13. Implement Best Management Practices for Flood Control Facility Maintenance. Flood control maintenance activities have the potential to affect covered species by introducing sediment and other pollutants into downstream waterways and disturbing breeding wildlife. In order to avoid and minimize these impacts, BMPs described in the HCP will be used where appropriate and feasible. See HCP pp. 6-26 to 6-27.
2) For all checked conservation measures, describe how the project will comply with each measure.

Attach as Attachment C: Project Compliance to HCP Conditions.

VI. MITIGATION MEASURES
1) Mitigation Fee Calculator(s)
Complete and attach the fee calculator (use permanent and/or temporary impact fee calculator as appropriate), and attach as Attachment D: Fee Calculator(s). 2) Briefly describe the amount of fees to be paid and when applicant plans to submit payment.

The 50.81+/- acre site contains 50.44+/- acres of Ruderal Grassland and 0.37+/- acres of Urban/Developed land. Under the current (2025) fee schedule, development fees of $21,090.90 per acre would be assessed on

50.44 acres of Ruderal Grassland. Under the 2025 fee schedule, the fee total is $992,344.08.

The site is within Fee Zone 1 and construction is expected to commence in late-2025. Fees will be paid pursuant to the fee schedule that is in place at the time construction commences.

EXHIBIT A
597
ATTACHMENT A: PROJECT DESCRIPTION

EXHIBIT A
598
Stonecreek (Subdivision 9647)
Project Description
June 2025
The 50.81+/- acre Project Site is in Oakley, in Contra Costa County, California (Figure 1). The Study Area is located just west of Sellers Avenue and just south of Kings Canyon Way and Teton Road. The site is within Section 31, in Township 2 North, Range 3 East of the USGS 7.5-minute Brentwood topographic quadrangle. The project site includes a parcel encompassing 50.44+/- acres and an off-site 0.37-acre sliver along Sellers Avenue.

Ponderosa Homes II, Inc. plans to develop the parcel in to a 176-lot residential subdivision (Figures 2a-2f). Access in to the site from the east will be from Sellers Avenue, as well as from Teton Road and Kings Canyon Way, which will be extended to the south from their stubs along the north edge of the site. A network of roads and cul-de-sacs, most of which were rough graded several years ago, will provide access to all of lots in the subdivision. The project is expected to involve improvements to the Sellers Avenue, such as an additional lane and/or construction of a sidewalk. Any off-site road improvements will occur in a 0.37-acre area along the east edge of the site.

There will be a park and a stormwater detention basin in the northwest part of the site between developed areas and the Marsh Creek corridor. A second stormwater detention basin in the northeast part of the site. The treated stormwater will be conveyed to an existing City storm drain system in Teton Road. The proposed project will connect to existing City infrastructure in Teton Road and Kings Canyon Way, respectively, to provide sewer and water service to the site.

Standard construction best management practices (BMPs) will be employed during construction to minimize the potential for erosion and off-site transport of fines. BMPs will include use of water trucks, appropriate compaction of soil, and installation of straw wattles, silt fences or other technologies along the perimeter of the site during construction, and stabilization of bare soils as appropriate with seeding, straw, and/or hydromulch.

Construction is expected to begin in late-2025 and continue through 2027.

EXHIBIT A
599
ATTACHMENT B: FIGURES

EXHIBIT A
600
. 0 1,000 2,000
Figure 1
Map Date: 06/11/2025
Site Map/USGS
C:\FEC_INC\Projects\Moore Biological\Stonecreek\MXD\stonecreek_psr_figure_1.mxd City of Oakley, Contra Costa County, CA
Stonecreek
Moore Biological
Consultants
Source: USGS 7.5' Quadrangles

BRENTWOOD, CA
Section: 31
Township: 02N
Range: 03E
^_
Study Area
Project Site

EXHIBIT A
601
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
25 24 23 22
53 54 55 56 57 58
38 37 36 35 34 33 32 31 30 29 28 27 26
42 43 44 45 46 47 48 49 50 51 52
77 76 75 74 73 72 71 70 69 68
59 67 66 65 64 63 62 61 60
21 39
40 41
78 79
80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 97 98 99 96 100
101
102
103
104
105
106
107 111 110 109 108
112
113
114
115
116
117
134
133
132
127
128
126
152 151 150 149 148 147 122 121 120 119 118
123 124 125
131 130 129
143
142
141
136
137
135
144 145 146
140 139 138
153 154 155
156
157
158
166 165 164 163 162 161 160 159
167
168
169
170
171
172
173 174
175
176

STREET B

STREET A

STREET C TETON ROAD

STREET D STREET E STREET F STREET G STREET H COURT B

COURT A

PARCEL A

PARCEL D

STORMWATER
BASIN

PARCEL C KINGS CANYON WAY

MARSH CREEK SELLERS AVENUE

SEIRRA TRAIL ROAD

DELTA DIABLO WATER

DISTRICT WELL SITE
(NOT A PART)

FUTURE PARK

PARCEL B
0 100 200 300
1 SCALE: 1"=100'
G:\1216-010\ACAD\TM\TM01.DWG
JOB NO.: 1216-010

OF SHEETS
SHEET NO.
9 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
STONECREEK - SUBDIVISION 9647

CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
DATE: MAY 2, 2023

VESTING TENTATIVE MAP
N

VICINITY MAP
GENERAL NOTES:

Sheet List Table
Sheet Number Sheet Title GENERAL NOTES, STREET SECTIONS, & SHEET INDEX

PARCEL SUMMARY

PARCEL / LOT LAND USE OWNER

DATUM CONVERSION NOTE
Figure 2a: TENTATIVE MAP - COVER SHEET

EXHIBIT A
602
X
X X
X X

STREET B

STREET A

STREET C TETON

STREET D STREET E STREET F

COURT A KINGS CANYON WAY

MARSH CREEK
1 2 3 4 5 6 7 8 9 10 11 12
32 31 30 29 28
33 38 37 36 35 34
42 43 44 45 46 47 48 49 50 51 52
71 70 69 68
72 77 76 75 74 73 67
39 40
41 78
79 80 81 82 83 84 85 86 87 88 89
152 151 150 149 148 147
143
142
141
136
137
135
144
145
146
140 139 138
153 154 155
156
157
158
166 165 164 163 162 161 160 159
167
168
169
170
171
172
173 174
175
176 ROAD
D
C
A
B
C
E
E
B
F
E
0 80 160 240
5 SCALE: 1"=80'
G:\1216-010\ACAD\TM\TM05.DWG
JOB NO.: 1216-010

OF SHEETS
SHEET NO.
9 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
STONECREEK - SUBDIVISION 9647

CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
DATE: MAY 2, 2023

VESTING TENTATIVE MAP
PRELIMINARY GRADING PLAN (WEST) SEE SHEET 6

SECTION F

SECTION C

SECTION E

SECTION A SECTION B
LEGEND

EXISTING PROPOSED DESCRIPTION ABBREVIATIONS

SECTION D

EDGE GRADING NOTE

DATUM CONVERSION NOTE

PAD ELEVATION NOTE - MARSH CREEK EDGE
Figure 2b: GRADING PLAN (WEST)

EXHIBIT A
603

SELLERS AVENUE STREET B

STREET A

STREET C

STREET D STREET G STREET H COURT B
13 14 15 16 17 18 19 20
23 22 24 25
53 54 55 56 57 58
27 26
59 66 65 64 63 62 61 60
21 90 91 92 93 94 95
97 98 99
96 100
101
102
103
104
105
106
107
111 110 109 108
112
113
114
115
116
117
134
133
132
127
128
126
122 121 120 119 118
123 124 125
131 130 129 STREET F C BA ED D F

STORMWATER
BASIN 0 80 160 240 6
SCALE: 1"=80'
G:\1216-010\ACAD\TM\TM06.DWG
JOB NO.: 1216-010

OF SHEETS
SHEET NO. 9 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
STONECREEK - SUBDIVISION 9647

CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
DATE: MAY 2, 2023

VESTING TENTATIVE MAP

PRELIMINARY GRADING PLAN (EAST)
LEGEND
EXISTING PROPOSED DESCRIPTION ABBREVIATIONS SEE SHEET 5

SECTION C

SECTION E SECTION F

SECTION A SECTION B

SECTION D

EDGE GRADING NOTE
Figure 2c: GRADING PLAN (EAST)

EXHIBIT A
604

X X X X X

STREET B

STREET A

STREET C TETON ROAD

STREET D STREET E STREET F

COURT A KINGS CANYON WAY MARSH CREEK
SEIRRA TRAIL ROAD 1 2 3 4 5 6 7 8 9 10 11 12
33 32 31 30 29 28
35 34 37 36 38
42 43 44 45 46 47 48 49 50 51 52
77 76 75 74 73 72 71 70 69 68 67
39 40
41 78
81 82 83 84 85 86 87 88 89
147
150 149 148
151 152
143
142
141
136
137
135
144 145
146
139 138
140
153 154
155
156
157
158
161 160 159
164 163 162
165
166
167
168
169
170
171
172
173 174
175
176
80 79 0 80 160 240 7
SCALE: 1"=80'
G:\1216-010\ACAD\TM\TM07.DWG
JOB NO.: 1216-010

OF SHEETS
SHEET NO. 9 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
STONECREEK - SUBDIVISION 9647

CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
DATE: MAY 2, 2023

VESTING TENTATIVE MAP
PRELIMINARY UTILITY PLAN (WEST) SEE SHEET 8

TYPICAL UTILITY LATERAL DETAIL
HOUSE
LEGEND

EXISTING PROPOSED DESCRIPTION ABBREVIATIONS
Figure 2d: UTILITY PLAN (WEST)

EXHIBIT A
605

STREET B

STREET A

STREET C

STREET D STREET F STREET G STREET H COURT B SELLERS AVENUE 13 14 15
16 17 18 19 20
25 24 23 22
58 54 55 56 57 53
27 26
59 65 64 63 62 61
60 66
21 90
91 92
93 94 95 97 98 99
96 100
101
102
103
104
105
106
107
108
111 109
112
113
114
115
116
117
134
132
127
128
126
119 118
120 121 122
123 124 125
130 129 131 110
133 0 80 160 240 8
SCALE: 1"=80'
G:\1216-010\ACAD\TM\TM08.DWG
JOB NO.: 1216-010

OF SHEETS
SHEET NO. 9 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
STONECREEK - SUBDIVISION 9647

CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
DATE: MAY 2, 2023

VESTING TENTATIVE MAP
PRELIMINARY UTILITY PLAN (EAST) SEE SHEET 7
LEGEND

EXISTING PROPOSED DESCRIPTION ABBREVIATIONS
Figure 2e: UTILITY PLAN (EAST)

EXHIBIT A
606
DMA 1
IMP 1
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
25 24 23 22
53 54 55 56 57 58
38 37 36 35 34 33 32 31 30 29 28 27 26
42 43 44 45 46 47 48 49 50 51 52
77 76 75 74 73 72 71 70 69 68
59 67 66 65 64 63 62 61 60
21 39
40 41
78 79
80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 97 98 99 96 100
101
102
103
104
105
106
107
111 110 109 108
112
113
114
115
116
117
134
133
132
127
128
126
152 151 150 149 148 147 122 121 120 119 118
123 124 125
131 130 129
143
142
141
136
137
135
144 145 146
140 139 138
153 154 155
156
157
158
166 165 164 163 162 161 160 159
167
168
169
170
171
172
173 174
175
176

STREET B

STREET A TETON ROAD STREET C

STREET D STREET E STREET F STREET G STREET H COURT B

COURT A MARSH CREEK SELLERS AVENUE

SEIRRA TRAIL ROAD
DMA 2

FUTURE PARK

PARCEL B
0 100 200 300
9 SCALE: 1"=100'
G:\1216-010\ACAD\TM\TM09.DWG
JOB NO.: 1216-010

OF SHEETS
SHEET NO.
9 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
STONECREEK - SUBDIVISION 9647

CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
DATE: MAY 2, 2023

VESTING TENTATIVE MAP

BIORETENTION AREA

BIORETENTION AREA SUMMARY

DMA DRAINAGE MANAGEMENT

AREA (SF)

IMPERVIOUS

AREA (SF)

PERVIOUS

AREA (SF)

REQUIRED TREATMENT

AREA (SF)

PROVIDED TREATMENT

AREA (SF)

PONDING

DEPTH (IN)
25 IMP 1

PRELIMINARY STORM WATER

CONTROL PLAN LEGEND
DMA 1
Figure 2f: PRELIMINARY STORM WATER CONTROL PLAN

EXHIBIT A
607
Sellers Ave
Marsh Creek Trl
C:\FEC_INC\Projects\Moore Biological\Stonecreek\MXD\stonecreek_psr_figure_3.mxd Project Site 50.44 -
Off-Site - 0.37
Total 50.44 0.37
Ruderal Grassland
(Acres)
Urban/Developed
(Acres)
.

Figure 3
Map Date: 06/11/2025
Imagery Source: Maxar (07/2022)
Moore Biological
Consultants
Field Verified Landcover Map
City of Oakley, Contra Costa County, CA
Stonecreek Project Site (50.44 acres) 0 200 400
Off Site - No Improvements (0.37 acre)

EXHIBIT A
608

MOORE BIOLOGICAL
Previously graded road in the northeast part of the site, looking west; 06/15/23.

Previously graded road in the west part of the site, looking west from the east edge of the site; 06/15/23. This will be the future entrance road in to the subdivision from Sellers Avenue.

FIGURE 4a

REPRESENTATIVE PHOTOGRAPHS

EXHIBIT A
609

MOORE BIOLOGICAL
Prior vineyard in the south part of the site, looking west; 06/15/23. This portion of the site supported a small vineyard, but the vines have been removed for several years.

There are resprouted vines and small ornamental seedlings within this area.

Previously graded house pad in the southwest part of the site, looking east; 06/15/23.

FIGURE 4b

REPRESENTATIVE PHOTOGRAPHS

EXHIBIT A
610

MOORE BIOLOGICAL
Two palm trees in the northeast part of the site, looking northwest; 06/15/23. This portion of the site previously supported a small home site.

Demolished home site in the south part of the site, looking northwest; 06/15/23.

FIGURE 4c

REPRESENTATIVE PHOTOGRAPHS

EXHIBIT A
611

MOORE BIOLOGICAL
North edge of the site, looking east from the northwest part of the site; 06/15/23.

North edge of the site, looking west from the northeast corner of the site; 06/15/23.

FIGURE 4d

REPRESENTATIVE PHOTOGRAPHS

EXHIBIT A
612

MOORE BIOLOGICAL
West edge of the site, looking north from the southwest part of the site; 06/15/23.

South edge of the site, looking west from the southeast part of the site; 06/15/23. There are several trees adjacent to the south edge of the site.

FIGURE 4e

REPRESENTATIVE PHOTOGRAPHS

EXHIBIT A
613

MOORE BIOLOGICAL
Shrubs in the northwest part of the site, looking northwest; 06/15/23. Most of the trees and shrubs are located just off-site; a few shrubs may be just within the site boundary.

Large eucalyptus trees adjacent to the south edge of the site, looking southwest from the south part of the site; 06/15/23.

FIGURE 4f

REPRESENTATIVE PHOTOGRAPHS

EXHIBIT A
614

MOORE BIOLOGICAL
Cluster of ground squirrel burrows located along an elevated home pad in the south part of the site, looking southeast; 06/15/23.

A walking path and Marsh Creek located just west of the west edge of the site, looking northwest; 06/15/23.

FIGURE 4g

REPRESENTATIVE PHOTOGRAPHS

EXHIBIT A
615

MOORE BIOLOGICAL
Sellers Avenue, looking south from the northeast part of the site; 06/15/23. This area will be subject to off-site road improvements as part of the project.

FIGURE 4h

REPRESENTATIVE PHOTOGRAPHS

EXHIBIT A
616
!(
!(
Sellers Ave
Marsh Creek Trl
C:\FEC_INC\Projects\Moore Biological\Stonecreek\MXD\stonecreek_psr_figure_5b v.mxd Project Site 50.44 -
Off-Site - 0.37
Total 50.44 0.37
*Assumed habitat for burrowing owl
*Ruderal Grassland
(Acres)
Urban/Developed
(Acres)
.

Figure 5a
Map Date: 06/11/2025
Imagery Source: Maxar (07/2022)
Moore Biological
Consultants
Planning Survey Species Habitat Map
City of Oakley, Contra Costa County, CA
Stonecreek 0 200 400
Project Site (50.44 acres)
Off Site - No Improvements (0.37 acre)
Trees; assumed habitat for Swainson's
hawk, golden eagle, and white-tailed kite. !(

EXHIBIT A
617
C:\FEC_INC\Projects\Moore Biological\Stonecreek\MXD\stonecreek_psr_figure_5b.mxd Regional Species Habitat Map
. 0 500 1,000
Figure 5b
Map Date: 06/11/2025
Imagery Source: Maxar (07/2022)
Stonecreek
Oakley, Contra Costa County, CA
Moore Biological
Consultants
Western Burrowing Owl
Potential Habitat within 500 ft.

Study Area
Swainson Hawk
Potential Habitat within 1,000 ft.

Golden Eagle
Potential Habitat within 0.5 miles
Western Burrowing Owl

EXHIBIT A
618
ATTACHMENT C: PROJECT COMPLIANCE TO HCP CONDITIONS

EXHIBIT A
619
Stonecreek (Subdivision 9647)
Project Compliance to HCP Conditions
June 2025
HCP/NCCP Conservation Measure 1.11. Avoid Direct Impacts on Extremely Rare Plants, Fully Protected Wildlife Species, or Covered Migratory Birds:

The potential for special-status plants to occur within the site is considered extremely remote, as described in Section III (10).

Species-specific pre-construction surveys, and if needed, monitoring and avoidance requirements for burrowing owl, Swainson’s hawk, and golden eagle will be conducted as described in Section IV (2). There is no suitable habitat in the site for ringtail (Bassariscus astutus), a “fully protected species,” per California Fish and Game Code Section 4700. Similarly, there is no suitable nesting habitat in the site for peregrine falcon (Falco peregrinus), a “fully protected species,” per California Fish and Game Code Section 3511.

White-tailed kite (Elanus leucurus), another “fully protected species,” per California Fish and Game Code Section 3511 could potentially nest in trees in or near the site. Prior to any ground disturbance related to covered activities that occur during the nesting season (March 15-August 31), a qualified biologist will conduct a preconstruction survey no more than 1 month prior to construction to establish whether white-tailed kite is nesting in trees within or visible from the site. In the event active nests are found, an initial 300-foot buffer shall be established around the nest tree. Ground disturbance related to covered activities within the buffer shall either be delayed until a qualified biologist determines nesting is complete, or until the applicant and consults with the Implementing Entity (i.e., City of Oakley) and CDFW and implements CDFWapproved measures to minimize potential disturbance.

Tricolored blackbird (Agelaius tricolor), a State of California threatened species, could nest in vegetation in and adjacent to portions of Marsh Creek such as patches of wild rose, bulrush, cattails, and willows. On-site grasslands and vegetation could be used by other species of nesting birds protected by the Migratory Bird Treaty Act. If possible, any ground disturbance related to covered activities will occur outside of the general bird nesting season (February 1 through August 31). Alternately, a qualified biologist will conduct a

EXHIBIT A
620
preconstruction survey no more than 2 weeks prior to any ground disturbance related to covered activities. In the event active raptors or tricolored blackbird nests are found, and initial 300-foot buffer shall be established around the nests.

In the event nests or other birds are found, an initial 50-foot buffer shall be established around the nest. Ground disturbance related to covered activities within the buffers shall either be delayed until a qualified biologist determines nesting is complete, or until the applicant consults with the Implementing Entity and CDFW and implements CDFW-approved measures to minimize potential disturbance.

HCP/NCCP Conservation Measure 1.10. Maintain Hydrologic Conditions and Minimize Erosion:

The project has been designed to maintain hydrologic conditions and minimize erosion. Standard construction best management practices (BMPs) will be employed during construction to minimize the potential for erosion and off-site transport of fines. BMPs will include use of water trucks, appropriate compaction of soil, and installation of straw wattles, silt fences or other technologies along the perimeter of the site during construction, and stabilization of bare soils as appropriate with seeding, straw, and/or hydromulch.

HCP/NCCP Conservation Measure 2.12. Wetland, Pond, and Stream Avoidance and Minimization:

Potentially jurisdictional Waters of the U.S. and wetlands in the site are being avoided to the maximum extent practicable. There are no potentially jurisdictional Waters of the U.S. in the site.

The following measures from pages 6-33 through 6-35 will be implemented to avoid and minimize impacts of covered activities on wetlands:
• The project will comply with the guidelines in Conservation Measure 1.10 to minimize the effects of urban development on downstream hydrology, streams, and wetlands.
• Personnel conducting ground-disturbing activities adjacent to Marsh Creek will be trained by a qualified biologist in the avoidance and minimization measures and the permit obligations of project proponents

EXHIBIT A
621
working under the ECCCHCP. Vehicles and equipment will be parked on pavement, existing roads, and previously disturbed areas. • Trash generated during project construction will be promptly and properly removed from the site.
• No construction or maintenance vehicles will be refueled within 200 feet of Marsh Creek unless a bermed and lined refueling area is constructed and hazardous material absorbent pads are available in the event of a spill. • Appropriate erosion-control measures (e.g., fiber rolls, filter fences, vegetative buffer strips) will be used on site to reduce siltation and runoff of contaminants into Marsh Creek. Filter fences and mesh will be of material that will not entrap reptiles and amphibians. Erosion control blankets shall be used as a last resort because of their tendency to biodegrade slowly and trap reptiles and amphibians.
• Fiber rolls used for erosion control will be certified as free of noxious weed seed.
• Seed mixtures applied for erosion control will not contain invasive nonnative species, and will be composed of native species or sterile nonnative species.
• Herbicides will not be applied within the buffer area along Marsh Creek unless needed to control serious invasive plants. In this case, herbicides that have been approved for use by EPA in or adjacent to aquatic habitats may be used as long as label instructions are followed and applications avoid or minimize impacts on covered species and their habitats.

Appropriate herbicides may be applied to the ruderal grassland within the buffer area during the dry season to control nonnative invasive species such as yellow star-thistle. Herbicide drift shall be minimized by applying the herbicide as close to the target area as possible.

HCP/NCCP Conservation Measure 1.7. Establish Stream Setbacks:

A stream is defined in Chapter 3 of the ECCCHCP as “a long, narrow body of flowing water that occupies a channel with defined bed and bank and moves to lower elevations under the force of gravity”.

EXHIBIT A
622
Marsh Creek, which is adjacent to the site, will be fully avoided by project construction. A 75-foot stream setback will be implemented along Marsh Creek; the subdivision roads and lots will be located outside the stream setback.

Bioretention basins will be constructed within the setback.

Stream setbacks are designed to protect existing habitat quality, to protect water quality and hydrologic processes through buffering, and allow for at least minimal restoration (page 6-16). The stream setback measure is intended to achieve several purposes as listed on pages 6-16 and 6-17 of the ECCCHCP, along a variety of stream types. Six of the seven purposes have applicability to the project:
• Maintain or improve water quality by filtering sediments and pollutants from urban runoff before they reach the stream.
• Allow for protection of potentially restored riparian woodland and scrub within and adjacent to the stream.
• Maintain a buffer zone between urban development and existing and restored nesting habitat for Swainson’s hawk and other bird species. • Maintain and enhance the water quality of the stream to protect native fish populations, including populations of special-status species that occur in downstream creeks (i.e., fall-run Chinook salmon in Marsh Creek). • Maintain a more viable wildlife corridor for some species (e.g., western pond turtle, raccoon) than would be present with a narrower buffer zone. • Maximize the natural flood protection value of the floodplain.

EXHIBIT A
623
ATTACHMENT D: FEE CALCULATOR

EXHIBIT A
624
Updated March 5, 2024
ECCC HCP/NCCP 2025 Fee Calculator Worksheet
Permanent Impacts
PROJECT APPLICANT:

PROJECT NAME:

APN(s):

JURISDICTION:

DATE PREPARED:
2025 FEE /
ACRE 1 TOTAL
DEVELOPMENT FEE Fee Zone 1 50.44 x $21,090.90 = $1,063,825.00 Fee Zone 2 x $42,181.80 = $0.00
Fee Zone 3 x $10,545.45 = $0.00
Fee Zone 42 x $31,636.35 = $0.00
Development Fee Total = $1,063,825.00
WETLAND MITIGATION FEE x $116,686.48 = $0.00
Perennial Wetland x $179,565.89 = $0.00
Seasonal Wetland x $421,817.26 = $0.00
Alkali Wetland x $426,432.22 = $0.00
Ponds x $232,637.96 = $0.00
Aquatic/Open Water x $116,319.53 = $0.00
Slough/Channel x $164,759.00 = $0.00
Streams ≤ 25 ft (in linear ft) x $609.38 = $0.00
Streams > 25 ft (in linear ft) x $913.52 = $0.00
Wetland Mitigation Fee Total = $0.00
STREAM SETBACK ENCROACHMENT Encroachment x $58,343.24 = $0.00 Stream Setback Encroachment Fee Total = $0.00
FEE REDUCTION Development Fee reduction for land in lieu of fee = Development Fee reduction for permanent assessments =
Wetland Mitigation Fee reduction for restoration/creation = Reduction Total = $0.00
FINAL FEE CALCULATION Development Fee Total $1,063,825.00 Wetland Mitigation Fee Total + $0.00
Encroachment in Stream Setback Fee Total + $0.00
Mitigation Fee Total = $1,063,825.00
+
= $1,063,825.00
____
Ponderosa Homes II, Inc.

Stonecreek (Subdivision 9647)
033-140-020, 033-140-021, and 033-140-028
June 12, 2025
Oakley
4 Participating Special Entities (PSEs) are required to pay fees over and above permanent and temporary impact mitigation fees to cover indirect costs of extending permit coverage, including a portion of the costs of the initial preparation of the Plan, and a portion of the costs of conservation actions designed to contribute to species recovery. This amount will be determined by the Conservancy in accordance with the Contribution to Recovery Implementation Policy adopted by the Conservancy Governing Board on December 8, 2014.

Riparian woodland/scrub

PERMANENT

IMPACTS (AC)
3 For every acre of impact on wetlands, streams, ponds, and riparian woodland/scrub, applicants will pay the appropriate development fee (according to fee zone) towards land acquisition and the conservation program as a whole, as well as a wetland mitigation fee to cover the costs of successful restoration or creation (ECCC HCP/NCCP Chapter 9.3.1).

Contribution to Recovery4

TOTAL AMOUNT DUE
2 Fee Zone 4 is not shown on Figure 9-1 of the HCP/NCCP but refers to the fee applicable to those few covered acitivities located in northeastern Antioch (p. 9-21). 1 The Fee Schedule is adjusted annually (no later than March 15 of each year). Development Fees are adjusted according to a formula that includes both a Home Price Index (HPI) and a Consumer Price Index (CPI). The Wetland Mitigation Fees are adjusted according to a CPI. Every five years, a fee audit is conducted which also adjusts the fees.

These impacts are charged both a wetland mitigation
fee and a development fee.3
See appropriate city/county ordinance or HCP/NCCP Figure 9-1 to determine Fee Zone.

See HCP/NCCP Chapter 6 (p. 6-15 to 6-18) for more info.

Fee reductions must be approved by the Habitat Conservancy. See HCP/NCCP Chapter 9 for more info.

EXHIBIT A
625
Responses to Comments
Stonecreek Subdivision 9647
January 2026
1 INTRODUCTION
This Responses to Comments document contains comments received during the public review period of the Recirculated Stonecreek Subdivision 9647 Initial Study/Mitigated Negative Declaration (IS/MND).

According to CEQA Guidelines Sections 15073 and 15074, the lead agency must consider the comments received during consultation and review periods together with the IS/MND. However, unlike with an Environmental Impact Report (EIR), comments received on an IS/MND are not required to be attached to the negative declaration, nor must the lead agency make specific written responses to public agencies. Nonetheless, the lead agency has chosen to provide responses to those specific public comments that are related to the environmental analysis contained in the IS/MND. Non-environmental comments have been considered by the City as part of staff’s report to the Planning Commission.

BACKGROUND
The Stonecreek Subdivision 9647 Project IS/MND was circulated by the City of Oakley on October 7, 2024, for public review and comment until November 5, 2024. Comments were not received during the 30-day public review period. Following the public review period, staff-initiated changes resulted in substantial revisions to the vehicle miles traveled (VMT) analysis. Specifically, the changes resulted in a new potentially significant impact related to VMT and a new mitigation measure under question XVII-b to reduce the newly identified impact to a less-than-significant level (Mitigation Measure XVII-1). Thus, consistent with CEQA Section 15073.5, the IS/MND was revised in September 2025 and was recirculated for an additional 30-day public review period.

The City of Oakley solicited public input on the Recirculated IS/MND as follows: a Notice of Completion of the IS/MND was posted with the State Clearinghouse on September 15, 2025. The IS/MND was distributed to applicable public and responsible agencies and interested individuals.

The IS/MND was made available on the City’s website at, https://www.oakleyca.gov/228/CEQADocuments. The public review period ended October 15, 2025.

LIST OF COMMENTERS
The City of Oakley received one comment letter during the public comment period on the Recirculated IS/MND for the proposed project from the following agency representative:

Letter 1 ......................................................................Mae Soe, Department of Conservation

RESPONSES TO COMMENTS
The Responses to Comments section below includes the comment letter, as well as responses to each comment. The comment letter has been numbered at the top and bracketed to indicate how the letter has been divided into individual comments. Each comment is given a number with the letter number appearing first, followed by the comment number. For example, the first comment in Letter 1 would have the following format: 1-1. The response to each comment will reference the comment number.

RESPONSES TO COMMENTS

EXHIBIT B
626
Responses to Comments
Stonecreek Subdivision 9647
January 2026
2 Letter 1
1-1

EXHIBIT B
627
Responses to Comments
Stonecreek Subdivision 9647
January 2026
3 Letter 1 cont.
1-2
1-1
cont.
1-3

EXHIBIT B
628
Responses to Comments
Stonecreek Subdivision 9647
January 2026
4 Letter 1 cont.
1-3
cont.
1-4
1-5

EXHIBIT B
629
Responses to Comments
Stonecreek Subdivision 9647
January 2026
5 Letter 1 cont.

EXHIBIT B
630
Responses to Comments
Stonecreek Subdivision 9647
January 2026
6 Letter 1 cont.

EXHIBIT B
631
Responses to Comments
Stonecreek Subdivision 9647
January 2026
7 LETTER 1: MAY SOE, DEPARTMENT OF CONSERVATION
Response to Comment 1-1
The comment is an introductory discussion that generally describes the California Geologic Energy Management Division (CalGEM) and CalGEM recommendations related to wells and well abandonment. The comment identifies a well on-site, the location of which is shown in Figure 1 below; however, the comment does not specifically address the adequacy of the IS/MND and, thus, further response is not warranted.

Response to Comment 1-2
A summary of the on-site well was prepared by ENGEO, Inc. to address CalGEM’s comments. 1 As discussed therein and as informed by a report of well abandonment, the on-site well is a former gas well drilled in April 1985 to a depth of 9,145 feet. According to the summary, the on-site well did not produce natural gas and is considered a “dry” hole, which is not a recognized environmental condition (REC) or a health hazard.

Shortly after completion of drilling, the on-site well was properly abandoned in 1985 under a permit from California Department of Conservation Division of Oil and Gas (now known as CalGEM).

The well was grouted and sealed to a depth of 325 feet below the ground surface, the casing head was cut off, and six-inch-tall, 9.625-inch-diameter riser and steel plate were welded on at the surface prior to turning the well over for water well use. However, based on the lack of well activity between October 2024 and November 2025,2 as well as the undeveloped and mass graded nature of the site, the use of the 325 feet of well space below the ground surface for water uses is not considered likely. Nonetheless, out of an abundance of caution, ENGEO provided construction recommendations including the completion of a professional survey to identify the exact area of the well, as well as recommendations related to grouting, cut offs, and setbacks within the Former Gas Well Summary (despite the lack of health hazards associated with the well). The City would require such recommendations as conditions of approval for the project.

Response to Comment 1-3
The comment summarizes existing regulations related to well abandonment under CalGEM’s authority and does not address the adequacy of the IS/MND. Pursuant to the ENGEO well summary, well work requiring CalGEM approval as described within the comment would not be required. The cut off recommended by the summary specifies that cut offs shall be a minimum of five feet below final grade, consistent with CCR Section 1723.5 as stated by the comment.

Response to Comment 1-4
As discussed in Response to Comment 1-2 above, hazardous conditions associated with the onsite well have not been identified. Nonetheless, information shall be provided to the Contra Costa County recorder for inclusion, as recommended by the comment [City, please confirm].

Response to Comment 1-5
The comment is a conclusory statement that reiterates the authority of CalGEM and does not address the adequacy of the IS/MND. The comment will be forwarded to the decision-makers for their consideration of the proposed project.
1 ENGEO Incorporated. Former Gas Well Summary. November 17, 2025. Revised December 22, 2025. 2 ENGEO Incorporated. Well Detail. November 2025.

EXHIBIT B
632
Responses to Comments
Stonecreek Subdivision 9647
January 2026
8 Figure 1
Plugged Dry Gas Well Location

EXHIBIT B
633
Stonecreek Subdivision 9647 Project
Initial Study/Mitigated Negative Declaration
Errata Sheet
January 2026
Introduction
This Errata presents, in strike-through and double-underline format, the revisions to the Recirculated Stonecreek Subdivision 9647 Project Initial Study/Mitigated Negative Declaration (IS/MND). The revisions to the Recirculated IS/MND reflected in this Errata do not affect the adequacy of the previous environmental analysis contained in the Recirculated Stonecreek Subdivision 9647 Project IS/MND. Because the changes presented below would not result in any new significant impacts or increase in impact significance from what was identified in the Recirculated IS/MND, additional recirculation of the Recirculated Stonecreek Subdivision 9647 Project IS/MND is not required.

Changes to the IS/MND
Since the Recirculated IS/MND was released in September 2025, an updated Planning Survey Report (PSR) has been prepared (see the Attachment to this Errata Sheet). The IS/MND has been revised, as follows, for consistency with the updated PSR.

Pages 32 and 33 of the IS/MND are hereby revised as follows:

In compliance with the ECCC HCP/NCCP, a PSR was prepared for the proposed project by Moore Biological Consultants, which included all species covered under the ECCC HCP/NCCP (see Appendix C). The study area of the PSR observed approximately 50.44

50.81 acres of both the project site and frontage improvement area. Approximately 50.43

50.44 acres of the study area are categorized by the Grassland (Ruderal) land cover type,

0.008-acre as seasonal wetland, and 0.37-acre as the Developed (Urban) land cover (see Figure 8). Based on the land cover types found on-site, Moore Biological Consultants conducted on-site surveys for western burrowing owl, Swainson’s hawk, and golden eagle.

In addition, Figure 8 (ECCC HCP/NCCP Land Cover Types) on page 34 of the IS/MND is hereby replaced with the revised Figure 8 at the end of this document, and Figure 9 (Potential Waters of the U.S. and Wetlands) on page 37 of the IS/MND is hereby removed.

b,c. The U.S. Army Corps of Engineers (USACE), CDFW, and Regional Water Quality Control Board (RWQCB) have jurisdiction over modifications to stream channels, riverbanks, lakes, and other wetland features. The USACE’s jurisdiction is established through the provisions of Section 404 of the Clean Water Act (CWA), which prohibits the discharge of dredged or fill material into waters of the U.S. without a permit, including certain wetlands and unvegetated “other waters of the U.S.” The jurisdictional authority of the RWQCB is established pursuant to Section 401 of the CWA, which typically requires a water quality certification when an individual or nationwide permit is issued by the USACE. The RWQCB also has jurisdiction over waters of the State under the Porter-Cologne Water Quality Control Act.

EXHIBIT A
634
An assessments of potentially jurisdictional Waters of the U.S. or wetlands in the site was were undertaken on June 15, 2023, and June 5, 2025. According to the PSR, potentially jurisdictional waters of the U.S. do not exist on-site, but 0.008- acre of seasonal nor do wetlands is located in the northwestern area (see Figure 9).

The wetland was created during initial grading of the site in 2006 and is not included in historical aerial photographs of the site. The wetland appears to be supported, or at least supplemented by, an underground water source, such as a leaking storm drain line or irrigation run-off from the landscaped areas to the north.

Rather, the site consists primarily of highly disturbed ruderal grassland vegetation and on-site soils are sandy and appear well draining.

The 0.008-acre seasonal wetland is within the footprint of the proposed connection to Teton Road and would be filled as part of project construction. Filling the seasonal wetland would require obtaining a 401 Certification and/or Waste Discharge Requirements from the RWQCB. In addition, depending on project timing, the applicant may choose to request a Preliminary Jurisdictional Determination (PJD). Alternatively, the applicant may request an Approved Jurisdictional Determination (AJD). It should be noted that, due to a Supreme Court decision on May 26, 2023, USACE is now “on hold” in processing AJD requests.

Regardless of the request, the PSR notes that USACE is highly unlikely to deem the wetland as jurisdictional.

Based on the above, without compliance with the RWQCB and USACE, the proposed project could would not have a substantial adverse effect on federally protected wetlands, riparian habitat or another sensitive natural community identified in local or regional plans, policies, and regulations or by the CDFW or USFWS, or on State- and federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.). Thus, and a potentially less-thansignificant impact could would occur.

Mitigation Measure(s)
Implementation of the following mitigation measures would reduce the above potential impact to a less-than-significant level.

IV-1. Prior to commencement of project construction activities, the applicant shall submit an application to the RWQCB for a 401 Certification and/or Waste Discharge Requirements. Proof of compliance shall be submitted to the City of Oakley Planning and Zoning Division.

IV-2. Prior to commencement of project construction activities, the applicant shall request either a Preliminary or an Approved Jurisdictional Determination from USACE. If USACE declares the on-site seasonal wetland as jurisdictional waters, the project applicant shall obtain authorization to fill the wetland under Regional General Permit 1. Proof of compliance shall be submitted to the City of Oakley Planning and Zoning Division.

Changes are also hereby made throughout the Recirculated IS/MND to reflect the change in the significance of questions ‘b’ and ‘c,’ including amending the checklist within Section C on page 5 and the check boxes within the significance checklist on page 31.

EXHIBIT A
635
Since the Recirculated IS/MND was released in September 2025, a well has been identified onsite and a summary of the on-site well was prepared by ENGEO, Inc. Therefore, page 55 of the Recirculated IS/MND is hereby revised to include information on the identified well, as follows.

However, as discussed throughout this IS/MND, the project site has been subject to mass disturbance through site grading activities. As part of the grading activities associated with the Bacchini Residential Project, all structures were demolished and removed from the project site. Demolition and grading activities were subject to previous mitigation in the 2005 IS to ensure hazardous building materials, such as lead-based paint or asbestos, were removed pursuant to State and local regulations. The project site is currently vacant, and the remnant building foundations would not include hazardous materials. Therefore, because buildings are not currently located within the project site, project construction would not encounter any RECs associated with hazardous building construction materials.

It should be noted that the project site contains an abandoned well, the location of which is shown in Figure 9. A summary of the on-site well was prepared by ENGEO, Inc.,1 which was informed by a report of well abandonment. As discussed therein, the on-site well is a former gas well drilled in April 1985 to a depth of 9,145 feet. According to the summary, the on-site well did not produce natural gas and is considered a “dry” hole, which is not considered a REC or a health hazard.

Shortly after completion of drilling, the on-site well was properly abandoned in 1985 under a permit from California Department of Conservation Division of Oil and Gas (now known as the California Geologic Energy Management Division or CalGEM).

The well was grouted and sealed to a depth of 325 feet below the ground surface, the casing head was cut off, and six-inch-tall, 9.625-inch-diameter riser and steel plate were welded on at the surface prior to turning the well over for water well use.

However, based on the lack of well activity between October 2024 and November 2025,2 as well as the undeveloped and mass graded nature of the site, the use of the 325 feet of well space below the ground surface for water uses is not considered likely. Nonetheless, out of an abundance of caution, ENGEO provided construction recommendations, including the completion of a professional survey to identify the exact area of the well, as well as recommendations related to grouting, cut offs, and setbacks within the Former Gas Well Summary (despite the lack of health hazards associated with the well). The City would require such recommendations as conditions of approval for the project.

Based on the above, the proposed project would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment, and a less-than-significant impact would occur.

Changes are also hereby made throughout the Recirculated IS/MND to reflect the addition of a new Figure 9 (Plugged Dry Gas Well Location), as well as adding the cited sources to the sources list on pages 2 through 4 of the Recirculated IS/MND. The new Figure 9 (Plugged Dry Gas Well Location) is shown at the end of this document.

The above modifications are for clarification or informational purposes. In addition, CEQA Guidelines Section 15073.5 requires recirculation of an IS/MND only if the document has been substantially revised (i.e., new significant effects or mitigation measures are identified). Because the foregoing revisions result in less severe impacts related to biological resources, rather than 1 ENGEO Incorporated. Former Gas Well Summary. November 17, 2025. Revised December 22, 2025. 2 ENGEO Incorporated. Well Detail. November 2025.

EXHIBIT A
636
more severe or new significant impacts, and the foregoing revisions do not affect any conclusions related to hazards or hazardous materials, additional recirculation is not required pursuant to CEQA.

EXHIBIT A
637
Figure 8
ECCC HCP/NCCP Land Cover Types

EXHIBIT A
638
Figure 9
Plugged Dry Gas Well Location

EXHIBIT A
639
Attachment
Updated Planning Survey Report

EXHIBIT A
640

Planning Survey Report Form, Revised July 2015
Application Form and Planning Survey Report
To Comply With and Receive Permit Coverage Under
The East Contra Costa County Habitat Conservation Plan
and Natural Community Conservation Plan
Please complete this application to apply for take authorization under the state and federal East Contra Costa County HCP/NCCP incidental take permits. The East Contra Costa County Habitat Conservancy (“Conservancy”) or local jurisdiction (City of Brentwood, City of Clayton, City of Oakley, City of Pittsburg, and Contra Costa County) may request more information in order to deem the application complete.

I. PROJECT OVERVIEW

PROJECT INFORMATION
PROJECT NAME: Stonecreek (Subdivision 9647)
PROJECT TYPE: Residential Commercial Transportation Utility Other PROJECT DESCRIPTION (BRIEF): Construction of a 176-lot residential subdivision. A detailed project description is included in Attachment A.

PROJECT ADDRESS/LOCATION: West of Sellers Avenue, just south of Kings Canyon Way and Teton Road, in Oakley, Contra Costa County, California.

PARCEL/PROJECT SIZE (ACRES): 50.81+/- acre (3 Parcels encompassing 50.44+/- acres and 0.37+/-acres of Off-site Improvements.

PROJECT APN(S): 033-140-020, 033-140-021, and 033-140-028 APPLICATION SUBMITTAL DATE: June 2025 FINAL PSR DATE: (City/County/Conservancy use) LEAD PLANNER: Ken Strelo
JURISDICTION: City of Brentwood City of Clayton City of Oakley City of Pittsburg Contra Costa County Participating Special Entity*
DEVELOPMENT FEE ZONE: Zone I Zone II Zone III Zone IV
See figure 9-1 of the HCP/NCCP at www.cocohcp.org for a generalized development fee zone map. Detailed development fee zone maps by jurisdiction are available from the jurisdiction.

PROJECT APPLICANT INFORMATION
APPLICANT’S NAME: Ponderosa Homes II, Inc.

AUTHORIZED AGENT’S NAME AND TITLE: Jeff Schroeder, Senior V.P. Land, Planning & Operations PHONE NO.: (925) 460-8910 APPLICANT’S E-MAIL: [email protected] MAILING ADDRESS: 5020 Franklin Drive, Ste. 200, Pleasanton, CA 94588 BIOLOGIST INFORMATION1
BIOLOGICAL/ENVIRONMENTAL FIRM: Moore Biological Consultants CONTACT NAME AND TITLE: Diane S. Moore, M.S.

PHONE NO.: (209) 745-1159 CONTACT’S E-MAIL: [email protected] MAILING ADDRESS: Moore Biological Consultants, P.O. Box 822, Galt, California 95632 1 A USFWS/CDFW-approved biologist (project-specific) is required to conduct the surveys. Please submit biologist(s) approval request to the Conservancy. *Participating Special Entities are organizations not subject to the authority of a local jurisdiction. Such organizations may include school districts, irrigation districts, transportation agencies, local park districts, geological hazard abatement districts, or other utilities or special districts that own land or provide public services.

EXHIBIT A
641

Planning Survey Report Form, Revised July 2015
II. PROJECT DETAILS
Please complete and/or provide the following attachments:
1) Project Description
Attach as Attachment A: Project Description. Provide a detailed written description that concisely and completely describes the project and location. Include the following information:
• All activities proposed for the site or project, including roads utilized, construction staging areas, and the installation of underground facilities, to ensure the entire project is covered by the HCP/NCCP permit
• Proposed construction dates, including details on construction phases, if applicable • Reference a City/County application number for the project, if applicable • General Best Management Practices, if applicable
• If the project will have temporary impacts, please provide a restoration plan describing how the site will be restored to pre-project conditions, including revegetation seed mixes or plantings and timing 2) Project Vicinity Map
Provide a project vicinity map. Attach as Figure 1 in Attachment B: Figures. 3) Project Site Plans
Provide any project site plans for the project. Attach as Figure 2 in Attachment B: Figures. 4) CEQA Document
Indicate the status of CEQA documents prepared for the project. Provide additional comments below table if necessary.

Type of Document Status Date Completed
Initial Study Not yet initiated N/A
Notice of Preparation
Draft EIR
Final EIR
Notice of Categorical Exemption
Notice of Statutory Exemption
Other (describe)
III. EXISTING CONDITIONS AND IMPACTS
Please complete and/or provide the following attachments:
1) Field-Verified Land Cover Map2
Attach a field-verified land cover map in Attachment B: Figures and label as Figure 3. The map should contain all land cover types present on-site overlaid on aerial/satellite imagery. Map colors for the land cover types should conform to the HCP/NCCP (see Figure 3-3: Landcover in the Inventory Area for land cover type legend).
2) Photographs of the Project Site
Attach representative photos of the project site in Attachment B: Figures and label as Figure 4. Please provide captions for each photo.
2 For PSEs and city or county public works projects, please also identify permanent and temporary impact areas by overlaying crosshatching (permanent impacts) and hatching (temporary impacts) on the land cover map.

EXHIBIT A
642

Planning Survey Report Form, Revised July 2015
3) Land Cover Types and Impacts and Supplemental Tables • For all terrestrial land cover types please provide calculations to the nearest hundredth of an acre (0.01).

For aquatic land cover types please provide calculations to the nearest thousandth of an acre (0.001). • Permanent Impacts are broadly defined in the ECCC HCP/NCCP to include all areas removed from an undeveloped or habitat-providing state and includes land in the same parcel or project that is not developed, graded, physically altered, or directly affected in any way but is isolated from natural areas by the covered activity. Unless such undeveloped land is dedicated to the Preserve System or is a deed-restricted creek setback, the development mitigation fee will apply (if proposed, would require Conservancy approval). • Temporary Impacts are broadly defined in the ECCC HCP/NCCP as any impact on vegetation or habitat that does not result in permanent habitat removal (i.e., vegetation can eventually recover). • If wetland (riparian woodland/scrub, wetland, or aquatic) land cover types are present on the parcel but will not be impacted please discuss in the following section 4) Jurisdictional Wetlands and Waters. Wetland impact fees will only be charged if wetland features are impacted. However, development fees will apply to the entire parcel. • Stream land cover type is considered a linear feature where impacts are calculated based on length impacted. The acreage within a stream, below Top of Bank (TOB), must be assigned to the adjacent land cover type(s). Insert area of impact to stream below TOB in parentheses after the Land Cover acreage number (e.g., Riparian Woodland/Scrub: 10 (0.036) – where 10 is the total impacted acreage including 0.036 acre, which is the acreage within stream TOB).

Complete following supplemental Stream Feature Detail table to provide information for linear feet. • Total Impacts acreage should be the total parcel acreage (development project) or project footprint acreage (rural infrastructure or utility project).

Table 1: Land Cover Types and Impacts
Land Cover Type Permanent
Impacts
Temporary
Impacts
Stream Setback Preserve System
Dedication
Grassland
Annual Grassland
Alkali Grassland
Ruderal 50.44
Shrubland
Chaparral and Scrub
Woodland
Oak Savannah
Oak Woodland
Riparian
Riparian Woodland/Scrub
Wetland
Permanent Wetland
Seasonal Wetland
Alkali Wetland
Aquatic
Aquatic (Reservoir/Open Water)
Slough/Channel
Pond
Stream (in linear feet) - - - -
Irrigated Agriculture
Pasture
Cropland
Orchard
Vineyard
Other
Nonnative woodland
Wind turbines
Developed (not counted toward Fees)
Urban 0.37
Aqueduct
Turf
Landfill
TOTAL IMPACTS 50.81
Proposed for HCP/NCCP
Dedication on the Parcel
(Requires Conservancy Approval)

EXHIBIT A
643

Planning Survey Report Form, Revised July 2015
Identify any uncommon vegetation and uncommon landscape features3:

Supplemental to Table 1: Uncommon Vegetation and Landscape Features Please provide details of impacts to stream features:

Stream Name: None
Watershed:

Supplemental to Table 1: Stream Feature Detail5
3 These acreages are for Conservancy tracking purposes. Impacts to these uncommon vegetation and landscape features should be accounted for within the land cover types in Table 1 (e.g., x acres of purple needlegrass in this supplemental table should be accounted for within annual grassland in Table 1). 4 Insert amount/number, not acreage. Provide additional information on these features in Attachment A: Project Description. 5 Use more than 1 row as necessary to describe impacts to streams on site. 6 See glossary (Appendix A) for definition of stream type and order. 7 Stream length is measured along stream centerline, based on length of impact to any part of the stream channel, TOB to TOB.

Permanent
Impacts
Temporary
Impacts
Uncommon Grassland Alliances
Purple Needlegrass Grassland
Blue Wildrye Grassland
Creeping Ryegrass Grassland
Wildflower Fields
Squirreltail Grassland
One-sided Bluegrass Grassland
Serpentine Bunchgrass Grassland
Saltgrass Grassland
Alkali Sacaton Bunchgrass Grassland
Other
Uncommon Landscape Features
Rock Outcrops
Caves
Springs and seeps
Scalds
Sand Deposits
Mines4
Buildings (bat roosts)3
Potential nest sites (trees or cliffs)3 2 trees
Stream Width Stream Type6 Permanent Impacts
(linear feet)7
Temporary Impacts
(linear feet)7
≤ 25 feet wide
> 25 feet wide
Perennial
Intermittent
Ephemeral, 3rd or higher order
Ephemeral, 1st or 2nd order

≤ 25 feet wide
> 25 feet wide
Perennial
Intermittent
Ephemeral, 3rd or higher order
Ephemeral, 1st or 2nd order

≤ 25 feet wide
> 25 feet wide
Perennial
Intermittent
Ephemeral, 3rd or higher order
Ephemeral, 1st or 2nd order

EXHIBIT A
644

Planning Survey Report Form, Revised July 2015
4) Summary of Land Cover Types
Please provide a written summary of descriptions for land cover types found on site including characteristic vegetation.

A field survey was conducted on June 15, 2023 and a follow-up survey was conducted on June 5, 2025.

Ruderal Grassland: There is 50.44 acres of the “Ruderal Grassland” land cover type in the site. The grasslands in the site have been highly disturbed by past agricultural use and grading of much of the site 15+ years ago; the site is primarily bare dirt with limited vegetation (Figures 4a – 4d). The north part of the site was an orchard before it was rough-graded between 2007-2008. The south part of the site appears to have been a vineyard that was removed between 2020-2021. The north part of the site currently consists of roughgraded house pads and roads and the south part of the site contains resprouted vines and other small shrubs.

Soils in the site are very sandy. Grassland species observed in the site include field bindweed (Convolvulus arvensis), Russian thistle (Salsola tragus), oats (Avena sp.), and wild mustard (Sinapis arvensis).

Urban/Developed (Off-site Improvements): There is 0.37 acres of the “Urban/Developed” land cover type in an off-site area subject to road improvements as part of the project. The urban land is Sellers Avenue along the east edge of the site (see Figure 3, 4h, and 5a).

Trees: There are only two trees in the site. There is large palm at a former home site in the northeast part of the site and an ornamental along the south fence line. There are several other trees adjacent to the south edge of the site and a few adjacent to the west edge, all of which appear to be just off-site. 5) Jurisdictional Wetlands and Waters
If wetlands and waters are present on the project site, project proponents must conduct a delineation of jurisdictional wetlands and waters. Jurisdictional wetlands and waters are defined on pages 1-18 and 1-19 of the ECCC HCP/NCCP as the following land cover types: permanent wetland, seasonal wetland, alkali wetland, aquatic, pond, slough/channel, and stream. It should be noted that these features differ for federal and state jurisdictions. If you have identified any of these land cover types in Table 1, complete the section below. a) Attach the wetland delineation report as Attachment E: Wetland Delineation. If a wetland delineation has not been completed, please explain below in section 4c. b) Please check the following permits the project may require. Please submit copies of these permits to the Conservancy prior to the start of construction:

CWA Section 404 Permit8 CWA Section 401 Water Quality Certification Waste Discharge Requirements Lake and Streambed Alteration Agreement c) Provide any additional information on impacts to jurisdictional wetland and waters below, including status of the permit(s):

An assessment of potentially jurisdictional Waters of the U.S. or wetlands in the site was undertaken on June 15, 2023 and June 5, 2025.

There are no potentially jurisdictional Waters of the U.S. or wetlands in the site. The site consists primarily of highly disturbed ruderal grassland vegetation and on-site soils are sandy and appear well draining.
6) Species-Specific Planning Survey Requirements
Based on the land cover types found on-site and identified in Table 1, check the applicable boxes in Table 2a. 8 The USACE Sacramento District issued a Regional General Permit 1 (RGP) related to ECCC HCP/NCCP covered activities. The RGP is designed to streamline wetland permitting in the entire ECCC HCP/NCCP Plan Area by coordinating the avoidance, minimization, and mitigation measures in the Plan with the Corps’ wetland permitting requirement. Applicants seeking authorization under this RGP shall notify the Corps in accordance with RGP general condition number 18 (Notification).

EXHIBIT A
645

Planning Survey Report Form, Revised July 2015
Table 2a. Species –Specific Planning Survey Requirements Land Cover Type
in Project Area Required Survey Species Habitat Element in Project Area Planning Survey Requirement9 Info in HCP Grasslands,
oak savannah,
agriculture, or
ruderal
San Joaquin kit fox Assumed if within modeled range
of species
If within modeled range of
species, identify and map
potential breeding or
denning habitat within the
project site and a 250-ft
radius around the project
footprint.
pp. 6-37 to
6-38
Western burrowing
owl
Assumed Identify and map potential
breeding habitat within the
project site and a 500-ft
radius around the project
footprint. Please note the
HCP requires buffers for
occupied burrows. Surveys
may need to encompass an
area larger than the project
footprint.
pp. 6-39 to
6-41
Aquatic
(ponds,
wetlands,
streams, sloughs,
channels, and
marshes)
Giant garter snake Aquatic habitat accessible from
the San Joaquin River
Identify and map potential
habitat.
pp. 6-43 to
6-45
California tiger
salamander
Ponds and wetlands
Vernal pools
Reservoirs
Small lakes
Identify and map potential
breeding habitat. Document
habitat quality and features.

Provide the Conservancy
with photo-documentation
and report.
pp. 6-45
California
red-legged frog
Slow-moving streams, ponds and
wetlands
Identify and map potential
breeding habitat. Document
habitat quality and features.

Provide the Conservancy
with photo-documentation
and report.
p. 6-46
Covered shrimp Seasonal wetlands
Vernal pools
Sandstone rock outcrops
Sandstone depressions
Identify and map potential
habitat.

Please note the HCP requires
a 50 foot non-disturbance
buffer from seasonal
wetlands that may be
occupied by covered shrimp.

Surveys may need to
encompass an area larger
than the project footprint.
pp. 6-46 to
6-48
Any Townsend’s big-eared
bat
Rock formations with caves
Mines
Abandoned buildings outside
urban area
Map and document potential
breeding or roosting habitat.
pp. 6-36 to
6-37
Swainson’s hawk Potential nest sites within 1,000
feet of project
Inspect large trees for
presence of nest sites.

Document and map.
pp. 6-41 to
6-43
Golden Eagle Potential nest sites with ½ mile of
project
Inspect large trees for
presence of nest sites.

Document and map.
pp. 6-38 to
6-39
Surveys for all covered species must be conducted by a qualified biologist (USFWS/CDFW project-specific approved). Please submit biologist approval request to the East Contra Costa County Habitat Conservancy.

Surveys for all covered species must be conducted according to the respective USFWS or CDFW survey protocols, as identified in Chapter

6.4.3 in the HCP/NCCP.
9 The planning survey requirements in this table are not comprehensive. Please refer to Chapter 6.4.3 in the ECCC HCP/NCCP for more detail.

EXHIBIT A
646

Planning Survey Report Form, Revised July 2015
7) Planning Survey Species Habitat Maps
Provide Planning Survey Species Habitat Maps as required in Table 2a, attach as Figure 5 in Attachment B:

Figures.
8) Results of Species Specific Surveys
Provide a written summary describing the results of the planning surveys. Please discuss the location, quantity, and quality of suitable habitat for specified covered wildlife species on the project site.

General Setting: The 50.81+/- acre Project Site is in Oakley, in Contra Costa County, California (Figure 1). The Study Area is located just west of Sellers Avenue and just south of Kings Canyon Way and Teton Road. The site is within Section 31, in Township 2 North, Range 3 East of the USGS 7.5-minute Brentwood topographic quadrangle. The site has been leveled and is situated at approximately 25 feet above mean sea level.

Surrounding land uses in this portion of Oakley are primarily agricultural and residential, with a mixture of residential subdivisions and larger, ranchette-styled homes on larger parcels. Marsh Creek is situated just west of the site and Sellers Avenue is situated to the east. A residential subdivision, larger home site, and grassland fields border the north edge of the site. There are a few ranchette-styled homes to the south of the site. There is an abandoned nursery situated just southeast of the site.

Western Burrowing Owl: The project site contains ruderal grassland and is within the range of western burrowing owl (Athene cunicularia). California Department of Fish and Wildlife’s (CDFW) California Natural Diversity Database (CNDDB, 2025) does not contain any records of western burrowing owl within 500 feet of the site or in the larger geographical area depicted in Figure 5b. The site was inspected for burrowing owls and ground squirrel burrows with evidence of burrowing owl occupancy (i.e., white wash, pellets, feathers).

Comprehensive inspection of potential burrowing owl habitat was accomplished by walking meandering transects throughout the property. Although several ground squirrel burrows were observed in the site, no western burrowing owls or burrows with evidence of burrowing owl occupancy were observed. Further, most of the ground squirrel burrows appeared unoccupied as cobwebs were seen at the entrance in a majority of the burrows in the site.

Swainson’s Hawk: The site contains areas of ruderal grassland and is along the western edge of the range of Swainson’s hawks (Buteo swainsoni). There are two trees in the site that are potentially suitable for nesting Swainson’s hawks and there are several potential nest trees adjacent to and visible from the site that are also suitable, including a row of trees just off-site to the south. All trees in the site and visible from the site were inspected for raptor stick nests and none were observed. No Swainson’s hawks were observed during the field surveys, which were conducted within the nesting period for this species. CDFW’s CNDDB (2025)contains no occurrences of Swainson’s hawk within 1,000 feet of the site or within the larger geographical area depicted in Figure 5b.

Golden Eagle: The site contains ruderal grassland and is within the range of golden eagles (Aquila chrysaetos).

CDFW’s CNDDB (2025) contains no occurrences of golden eagle within 0.5 miles of the site or within the larger geographical area depicted in Figure 5b. There are 2 trees in the site that are potentially suitable for nesting golden eagles and several other large trees adjacent to and visible from the site. Trees in the site and visible from the site were inspected for raptor stick nests and none were observed. No golden eagles were observed during the surveys and this species nests more often on cliffs in remote natural areas than in trees near urban settings.
9) Covered and No-Take Plants
Please check the applicable boxes in Table 2b based on the land cover types found in the project area. If suitable land cover types are present on site, surveys must be conducted using approved CDFW/USFWS methods during the appropriate season for identification of covered and no-take species (see page 6-9 of the ECCC HCP/NCCP). Reference populations of covered and no-take plants should be visited, where possible, prior to conducting surveys to confirm that the plant species is visible and detectable at the time surveys are conducted. In order to complete all the necessary covered and no-take plant surveys, spring, summer, and fall surveys may be required.

EXHIBIT A
647

Planning Survey Report Form, Revised July 2015
Table 2b. Covered and No-Take Plant Species
Plant Species
Covered
(C) or NoTake (N)Associated Land
Cover Type
Typical Habitat or Physical Conditions, if
Known
Typical Blooming
Period
Suitable Land
Cover Type
Present
Adobe navarretia
(Navarretia nigelliformis ssp.
radians) a
C Annual Grassland Generally found on clay barrens in Annual Grassland bApr–Jun Yes No
Alkali milkvetch
(Astragalus tener ssp. tener)
N Alkali grassland
Alkali wetland
Annual grassland
Seasonal wetland
Generally found in vernally moist habitat in soils with a slight to strongly elevated pH
Mar–Jun Yes
No
Big tarplant
(Blepharizonia plumosa)
C Annual grassland Elevation below 1500 feet d most often on Altamont Series or Complex soils
Jul–Oct Yes
No
Brewer’s dwarf flax
(Hesperolinon breweri)
C Annual grassland
Chaparral and scrub
Oak savanna
Oak woodland
Generally, restricted to grassland areas within a 500+
buffer from oak woodland and/or chaparral/scrub d
May–Jul Yes
No
Brittlescale
(Atriplex depressa)
C Alkali grassland
Alkali wetland
Restricted to soils of the Pescadero or Solano soil
series; generally found in southeastern region of plan
area d
May–Oct Yes
No
Caper-fruited tropidocarpum
(Tropidocarpum capparideum)
N Alkali grassland Mar–Apr Yes
No
Contra Costa goldfields
(Lasthenia conjugens)
N Alkali grassland
Alkali wetland
Annual grassland
Seasonal wetland
Generally found in vernal pools Mar–Jun Yes
No
Diablo Helianthella
(Helianthella castanea)
C Chaparral and scrub
Oak savanna
Oak woodland
Elevations generally above 650 feet d Mar–Jun Yes
No
Diamond-petaled poppy
(Eschscholzia rhombipetala)
N Annual grassland Mar–Apr Yes
No
Large-flowered fiddleneck
(Amsinckia grandiflora)
N Annual grassland Generally on clay soil Apr–May Yes
No
Mount Diablo buckwheat
(Eriogonum truncatum)
N Annual grassland
Chaparral and scrub
Ecotone of grassland and chaparral/scrub Apr–Sep Yes
No
Mount Diablo fairy-lantern
(Calochortus pulchellus)
C Annual grassland
Chaparral and scrub
Oak savanna
Oak woodland
Elevations generally between 650 and 2,600d Apr–Jun Yes No
Mount Diablo Manzanita
(Arctostaphylos auriculata)
C Chaparral and scrub Elevations generally between 700 and 1,860 feet; restricted to the eastern and northern flanks of Mt.

Diablo d and the vicinity of Black Diamond Mines
Jan–Mar Yes
No
Recurved larkspur
(Delphinium recurvatum)
C Alkali grassland
Alkali wetland
Mar–Jun Yes
No
Round-leaved filaree
(California macrophylla) c
C Annual grassland Mar–May Yes
No
San Joaquin spearscale
(Extriplex joaquiniana) e
C Alkali grassland
Alkali wetland
Apr–Oct Yes
No
Showy madia
(Madia radiata)
C Annual grassland
Oak savanna
Oak woodland
Primarily occupies open grassland or grassland on
edge of oak woodland
Mar–May Yes
No
a The species Navarretia nigelliformis subsp. nigelliformis is no longer considered to occur within Contra Costa County based on specimen annotations at the UC and Jepson Herbaria at the University of California Berkeley as well as the opinions of experts in the genus. This taxon is now recognized as Navarretia nigelliformis subsp. radians. Any subspecies of Navarretia nigelliformis encountered as a part of botanical surveys in support of a PSR should be considered as covered under this HCP/NCCP. b Habitat for the Navarretia nigelliformis subspecies that occurs within the inventory are is inaccurately described in the HCP/NCCP as vernal pools. The entity within the Inventory generally occupies clay barrens within Annual Grassland habitat, which is an upland habitat type. c From California Native Plant Society. 2007. Inventory of Rare and Endangered Plants (online edition, v7-07d). Sacramento, CA. Species may be identifiable outside of the typical blooming period; a professional botanist shall determine if a covered or no take plant occurs on the project site. Reference population of covered and no-take plants should be visited, where possible, prior to conducting surveys to confirm that the plant is visible and detectable at the time surveys are conducted. d See Species Profiles in Appendix D of the Final HCP/NCCP. Reference populations of covered and no-take plants should be visited, where possible, prior to conducting surveys to confirm that the plant species is visible and detectable at the time surveys are conducted. e In the recent update to the Jepson eflora (JFP 2013) Atriplex joaquinana has been circumscribed and segregated into a new genus called Extriplex based on the work of Elizabeth Zacharias and Bruce Baldwin (2010). The etymology of the genus Extriplex means, “beyond or outside Atriplex”.

EXHIBIT A
648

Planning Survey Report Form, Revised July 2015
10) Results of Covered and No-Take Plant Species
Provide a written summary describing the results of the planning surveys conducted as required in Table 2b.

Describe the methods used to survey the site for all covered and no-take plants, including the dates and times of all surveys conducted (see Tables 3-8 and 6-5 of the ECCC HCP/NCCP for covered and no-take plants), including reference populations visited prior to conducting surveys.

If any covered or no-take plant species were found, include the following information in the results summary:
• Description and number of occurrences and their rough population size. • Description of the “health” of each occurrence, as defined on pages 5-49 and 5-50 of the HCP/NCCP. • A map of all the occurrences.
• Justification of surveying time window, if outside of the plant’s blooming period. • The CNDDB form(s) submitted to CDFW (if this is a new occurrence). • A description of the anticipated impacts that the covered activity will have on the occurrence and how the project will avoid impacts to all covered and no-take plant species. If impacts to covered plant species cannot be avoided and plants will be removed by covered activity, the Conservancy must be notified and has the option to salvage the covered plants. All projects must demonstrate avoidance of all six no-take plants (see table 6-5 of the HCP/NCCP).

Survey Methods
A survey to assess potentially suitable habitat for special-status plants was undertaken on June 15, 2023. The site was systematically searched by walking and/or driving throughout the site.

Survey Results and Discussion
The site is ruderal grassland almost completely void of vegetation; a majority of the site is bare dirt. Due to an absence of potentially suitable habitat for special-status plants, focused surveys during the blooming period of each species in Table 2b were not warranted.

IV. SPECIES-SPECIFIC AVOIDANCE AND MINIMIZATION REQUIREMENTS Please complete and/or provide the following attachments:
1) Species-Specific Avoidance and Minimization for Selected Covered Wildlife Complete the following table and check the applicable box for covered species determined by the planning surveys.

Table 3. Summary of Applicable Preconstruction Surveys, Avoidance and Minimization, and Construction Monitoring Requirements10
Species Preconstruction Survey
Requirements
Avoidance and Minimization
Requirements
Construction Monitoring Required Info in
HCP
San
Joaquin
kit fox
• On project footprint and 250-ft
radius, map all dens (>5 in.
diameter) and determine status
• Provide written survey results
to USFWS within 5 working
days after surveying
• Monitor dens
• Destroy unoccupied dens
• Discourage use of occupied (nonnatal) dens
• Establish exclusion zones ( >50 ft
for potential dens, and >100 ft for
known dens)
• Notify USFWS of occupied natal
dens
pp. 6-37
to 6-38
Western
burrowing
owl
• On project footprint and 500-ft
radius, identify and map all
owls and burrows, and
determine status
• Document use of habitat (e.g.
breeding, foraging)
• Avoid occupied nests during
breeding season (Feb-Sep)
• Avoid occupied burrows during
nonbreeding season (Sep – Feb)
• Install one-way doors in occupied
burrow (if avoidance not possible)
• Monitor burrows with doors
installed
• Establish buffer zones (250 ft
around nests)
• Establish buffer zones (160 ft
around burrows)
pp. 6-39
to 6-41
10 The requirements in this table are not comprehensive; they are detailed in the next section on the following page.

EXHIBIT A
649

Planning Survey Report Form, Revised July 2015
Giant
garter
snake
• Delineate aquatic habitat up to
200 ft from water’s edge on
each side
• Document any occurrences
• Limit construction to Oct-May
• Dewater habitat April 15 – Sep 30
prior to construction
• Minimize clearing for construction
• Delineate 200 ft buffer around
potential habitat near construction
• Provide field report on monitoring
efforts
• Stop construction activities if
snake is encountered; allow snake
to passively relocate
• Remove temporary fill or debris
from construction site
• Mandatory training for
construction personnel
pp. 6-43
to 6-45
California
tiger
salamander
• Provide written notification to
USFWS and CDFW regarding
timing of construction and
likelihood of occurrence on site
• Allow agency staff to translocate
species, if requested
• None p. 6-45
California
red-legged
frog
• Provide written notification to
USFWS and CDFW regarding
timing of construction and
likelihood of occurrence on site
• Allow agency staff to translocate
species, if requested
• None p. 6-46
Covered
shrimp
• Establish presence/absence
• Document and evaluate use of
all habitat features (e.g. vernal
pools, rock outcrops)
• Establish buffer near construction
activities
• Prohibit incompatible activities
• Establish buffer around outer edge
of all hydric vegetation associated
with habitat (50 ft or immediate
watershed, whichever is larger)
• Mandatory training for
construction personnel
pp. 6-46
to 6-48
Townsend’s
big-eared
bat
• Establish presence/absence
• Determine if potential sites
were recently occupied (guano)
• Seal hibernacula before Nov
• Seal nursery sites before April
• Delay construction near occupied
sites until hibernation or nursery
seasons are over
• None pp. 6-36
to 6-37
Swainson’s
hawk
• Determine whether potential
nests are occupied
• No construction within 1,000 ft of
occupied nests within breeding
season (March 15 - Sep 15)
• If necessary, remove active nest
tree after nesting season to
prevent occupancy in second year.
• Establish 1,000 ft buffer around
active nest and monitor
compliance (no activity within
established buffer)
pp. 6-41
to 6-43
Golden
Eagle
• Establish presence/absence of
nesting eagles
• No construction within ½ mile near
active nests (most activity late Jan
– Aug)
• Establish ½ mile buffer around
active nest and monitor
compliance with buffer
pp. 6-38
to 6-39
2) Required Preconstruction Surveys, Avoidance and Minimization, and Construction Monitoring All preconstruction surveys shall be conducted in accordance with the requirements set forth in Section 6.4.3, Species-Level Measures, and Table 6-1 of the ECCC HCP/NCCP. Detailed descriptions of preconstruction surveys, avoidance and minimization, and construction monitoring applicable to each of the wildlife species in Table 3 are located below. Please remove the species-specific measures that do not apply to your project (highlight entire section and delete).

WESTERN BURROWING OWL
Preconstruction Surveys
Prior to any ground disturbance related to covered activities, a USFWS/CDFW- approved biologist will conduct a preconstruction survey in areas identified in the planning surveys as having potential burrowing owl habitat.

The surveys will establish the presence or absence of western burrowing owl and/or habitat features and evaluate use by owls in accordance with CDFW survey guidelines (California Department of Fish and Game 1995).

On the parcel where the activity is proposed, the biologist will survey the proposed disturbance footprint and a 500-foot radius from the perimeter of the proposed footprint to identify burrows and owls. Adjacent parcels under different land ownership will not be surveyed. Surveys should take place near sunrise or sunset in accordance with CDFW guidelines. All burrows or burrowing owls will be identified and mapped. Surveys will take place no more than 30 days prior to construction. During the breeding season (February 1– August 31), surveys will document whether burrowing owls are nesting in or directly adjacent to disturbance areas. During

EXHIBIT A
650

Planning Survey Report Form, Revised July 2015
the nonbreeding season (September 1–January 31), surveys will document whether burrowing owls are using habitat in or directly adjacent to any disturbance area. Survey results will be valid only for the season (breeding or nonbreeding) during which the survey is conducted.

Avoidance and Minimization and Construction Monitoring
This measure incorporates avoidance and minimization guidelines from CDFW’s Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 1995).

If burrowing owls are found during the breeding season (February 1 – August 31), the project proponent will avoid all nest sites that could be disturbed by project construction during the remainder of the breeding season or while the nest is occupied by adults or young. Avoidance will include establishment of a non-disturbance buffer zone (described below). Construction may occur during the breeding season if a qualified biologist monitors the nest and determines that the birds have not begun egg-laying and incubation or that the juveniles from the occupied burrows have fledged. During the nonbreeding season (September 1 – January 31), the project proponent should avoid the owls and the burrows they are using, if possible. Avoidance will include the establishment of a buffer zone (described below).

During the breeding season, buffer zones of at least 250 feet in which no construction activities can occur will be established around each occupied burrow (nest site). Buffer zones of 160 feet will be established around each burrow being used during the nonbreeding season. The buffers will be delineated by highly visible, temporary construction fencing.

If occupied burrows for burrowing owls are not avoided, passive relocation will be implemented. Owls should be excluded from burrows in the immediate impact zone and within a 160-foot buffer zone by installing oneway doors in burrow entrances. These doors should be in place for 48 hours prior to excavation. The project area should be monitored daily for 1 week to confirm that the owl has abandoned the burrow. Whenever possible, burrows should be excavated using hand tools and refilled to prevent reoccupation (California Department of Fish and Game 1995). Plastic tubing or a similar structure should be inserted in the tunnels during excavation to maintain an escape route for any owls inside the burrow.

SWAINSON’S HAWK
Preconstruction Survey
Prior to any ground disturbance related to covered activities that occurs during the nesting season (March 15– September 15), a qualified biologist will conduct a preconstruction survey no more than 1 month prior to construction to establish whether Swainson’s hawk nests within 1,000 feet of the project site are occupied. If potentially occupied nests within 1,000 feet are off the project site, then their occupancy will be determined by observation from public roads or by observations of Swainson’s hawk activity (e.g., foraging) near the project site. If nests are occupied, minimization measures and construction monitoring are required (see below).

Avoidance and Minimization and Construction Monitoring
During the nesting season (March 15–September 15), covered activities within 1,000 feet of occupied nests or nests under construction will be prohibited to prevent nest abandonment. If site-specific conditions or the nature of the covered activity (e.g., steep topography, dense vegetation, limited activities) indicate that a smaller buffer could be used, the Implementing Entity will coordinate with CDFW/USFWS to determine the appropriate buffer size.

If young fledge prior to September 15, covered activities can proceed normally. If the active nest site is shielded from view and noise from the project site by other development, topography, or other features, the project applicant can apply to the Implementing Entity for a waiver of this avoidance measure. Any waiver must also be approved by USFWS and CDFW. While the nest is occupied, activities outside the buffer can take place.

All active nest trees will be preserved on site, if feasible. Nest trees, including non-native trees, lost to covered activities will be mitigated by the project proponent according to the requirements below.

Mitigation for Loss of Nest Trees
The loss of non-riparian Swainson’s hawk nest trees will be mitigated by the project proponent by:

EXHIBIT A
651

Planning Survey Report Form, Revised July 2015
• If feasible on-site, planting 15 saplings for every tree lost with the objective of having at least 5 mature trees established for every tree lost according to the requirements listed below.

AND either
1) Pay the Implementing Entity an additional fee to purchase, plant, maintain, and monitor 15 saplings on the HCP/NCCP Preserve System for every tree lost according to the requirements listed below, OR
2) The project proponent will plant, maintain, and monitor 15 saplings for every tree lost at a site to be approved by the Implementing Entity (e.g., within an HCP/NCCP Preserve or existing open space linked to HCP/NCCP preserves), according to the requirements listed below.

The following requirements will be met for all planting options:
• Tree survival shall be monitored at least annually for 5 years, then every other year until year 12. All trees lost during the first 5 years will be replaced. Success will be reached at the end of 12 years if at least 5 trees per tree lost survive without supplemental irrigation or protection from herbivory. Trees must also survive for at least three years without irrigation. • Irrigation and fencing to protect from deer and other herbivores may be needed for the first several years to ensure maximum tree survival.
• Native trees suitable for this site should be planted. When site conditions permit, a variety of native trees will be planted for each tree lost to providetrees with different growth rates, maturation, and life span, and to provide a variety of tree canopy structures for Swainson’s hawk. This variety will help to ensure that nest trees will be available in the short term (5-10 years for cottonwoods and willows) and in the long term (e.g., Valley oak, sycamore). This will also minimize the temporal loss of nest trees. • Riparian woodland restoration conducted as a result of covered activities (i.e., loss of riparian woodland) can be used to offset the nest tree planting requirement above, if the nest trees are riparian species.
• Whenever feasible and when site conditions permit, trees should be planted in clumps together or with existing trees to provide larger areas of suitable nesting habitat and to create a natural buffer between nest trees and adjacent development (if plantings occur on the development site). • Whenever feasible, plantings on the site should occur closest to suitable foraging habitat outside the UDA.
• Trees planted in the HCP/NCCP preserves or other approved offsite location will occur within the known range of Swainson’s hawk in the inventory area and as close as possible to high-quality foraging habitat.

GOLDEN EAGLE
Preconstruction Survey
Prior to implementation of covered activities, a qualified biologist will conduct a preconstruction survey to establish whether nests of golden eagles are occupied (see Section 6.3.1, Planning Surveys). If nests are occupied, minimization requirements and construction monitoring will be required.

Avoidance and Minimization
Covered activities will be prohibited within 0.5 mile of active nests. Nests can be built and active at almost any time of the year, although mating and egg incubation occurs late January through August, with peak activity in March through July. If site-specific conditions or the nature of the covered activity (e.g., steep topography, dense vegetation, limited activities) indicate that a smaller buffer could be appropriate or that a larger buffer should be implemented, the Implementing Entity will coordinate with CDFW/USFWS to determine the appropriate buffer size.

Construction Monitoring
Construction monitoring will focus on ensuring that no covered activities occur within the buffer zone established around an active nest. Although no known golden eagle nest sites occur within or near the ULL, covered activities inside and outside of the Preserve System have the potential to disturb golden eagle nest sites. Construction monitoring will ensure that direct effects to golden eagles are minimized.

EXHIBIT A
652

Planning Survey Report Form, Revised July 2015
3) Construction Monitoring Plan
Before implementing a covered activity, the applicant will develop and submit a construction monitoring plan to the planning department of the local land use jurisdiction and the East Contra Costa County Habitat Conservancy for review and approval. Elements of a brief construction monitoring plan will include the following:
• Results of planning and preconstruction surveys.11
• Description of avoidance and minimization measures to be implemented, including a description of project-specific refinements to the measures or additional measures not included in the HCP/NCCP. • Description of monitoring activities, including monitoring frequency and duration, and specific activities to be monitored.
• Description of the onsite authority of the construction monitor to modify implementation of the activity.

Check box to acknowledge this requirement.

V. SPECIFIC CONDITIONS ON COVERED ACTIVITIES
1) Check off the HCP conservation measures that apply to the project.

APPLIES TO ALL PROJECTS
Conservation Measure 1.11. Avoid Direct Impacts on Extremely Rare Plants, Fully Protected Wildlife Species, or Migratory Birds. This conservation measure applies to all projects. All projects will avoid all impacts on extremely rare plants and fully protected species listed in Table 6-5 of the ECCC HCP/NCCP. See HCP pp. 6-23 to 6-25, and Table 6-5.

APPLIES TO PROJECTS THAT IMPACT COVERED PLANT SPECIES
Conservation Measure 3.10. Plant Salvage when Impacts are Unavoidable. This condition applies to projects that cannot avoid impacts on covered plants and help protect covered plants by prescribing salvage whenever avoidance of impacts is not feasible. Project proponents wishing to remove populations of covered plants must notify the Conservancy of their construction schedule to allow the Conservancy the option of salvaging the populations. See HCP pp. 6-48 to 6-50.

APPLIES TO PROJECTS THAT INCLUDE ARE ADJACENT TO STREAMS, PONDS, OR WETLANDS Conservation Measure 2.12. Wetland, Pond, and Stream Avoidance and Minimization. All projects will implement measures described in the HCP to avoid and minimize impacts on wetlands, ponds, streams, and riparian woodland/scrub. See HCP pp. 6-33 to 6-35.

APPLIES TO NEW DEVELOPMENT PROJECTS
Conservation Measure 1.10. Maintain Hydrologic Conditions and Minimize Erosion. All new development must avoid or minimize direct and indirect impacts on local hydrological conditions and erosion by incorporating the applicable Provision C.3 Amendments of the Contra Costa County Clean Water Program’s (CCCCWP’s) amended NPDES Permit (order no. R2-2003-0022; permit no. CAS002912). The overall goal of this measure is to ensure that new development covered under the HCP has no or minimal adverse effects on downstream fisheries to avoid take of fish listed under ESA or CESA. See HCP pp. 6-21 to 6-22.

APPLIES TO NEW DEVELOPMENT PROJECTS THAT INCLUDE OR ARE ADJACENT TO STREAMS, PONDS, OR WETLANDS Conservation Measure 1.7. Establish Stream Setbacks. A stream setback will be applied to all development projects covered by the HCP according to the stream types listed in Table 6-2 of the HCP. See HCP pp. 6-15 to 6-18 and Table 6-2.

APPLIES TO NEW DEVELOPMENT PROJECTS ADJACENT TO EXISTING PUBLIC OPEN SPACE, HCP PRESERVES, OR LIKELY HCP ACQUISITION SITES
Conservation Measure 1.6. Minimize Development Footprint Adjacent to Open Space. Project applicants are encouraged to minimize their development footprint and set aside portions of their land to contribute to the HCP Preserve System. Land set aside that contributes to the HCP biological goals and objectives may be credited against development fees. See HCP pages 6-14 to 6-15.

Conservation Measure 1.8. Establish Fuel Management Buffer to Protect Preserves and Property. Buffer zones will provide a buffer between development and wildlands that allows adequate fuel management to minimize the risk of wildlife damage to property or to the preserve. The minimum buffer zone for new development is 100 feet. See HCP pages 6-18 to 6-19. 11 If the preconstruction surveys do not trigger construction monitoring, results of preconstruction surveys should still be submitted to the local jurisdiction and the East Contra Costa County Habitat Conservancy.

EXHIBIT A
653

Planning Survey Report Form, Revised July 2015
Conservation Measure 1.9. Incorporate Urban-Wildlife Interface Design Elements. These projects will incorporate design elements at the urban-wildlife interface to minimize the indirect impacts of development on the adjacent preserve. See HCP pp. 6-20 to 6-21.

APPLIES TO ROAD MAINTENANCE PROJECTS OUTSIDE THE UDA
Conservation Measure 1.12. Implement Best Management Practices for Rural Road Maintenance. Road maintenance activities have the potential to affect covered species by introducing sediment and other pollutants into downstream waterways, spreading invasive weeds, and disturbing breeding wildlife. In order to avoid and minimize these impacts, BMPs described in the HCP will be used where appropriate and feasible. See HCP pp. 6-25 to 6-26.

APPLIES TO NEW ROADS OR ROAD IMPROVEMENTS OUTSIDE THE UDA Conservation Measure 1.14. Design Requirements for Covered Roads Outside the Urban Development Area (UDA). New roads or road improvements outside the UDA have impacts on many covered species far beyond the direct impacts of their project footprints. To minimize the impacts of new, expanded, and improved roads in agricultural and natural areas of the inventory area, road and bridge construction projects will adopt siting, design, and construction requirements described in the HCP and listed in Table 6-6. See HCP pp. 6-27 to 6-33 and Table 6-6.

APPLIES TO FLOOD CONTROL MAINTENANCE ACTIVITIES
Conservation Measure 1.13. Implement Best Management Practices for Flood Control Facility Maintenance. Flood control maintenance activities have the potential to affect covered species by introducing sediment and other pollutants into downstream waterways and disturbing breeding wildlife. In order to avoid and minimize these impacts, BMPs described in the HCP will be used where appropriate and feasible. See HCP pp. 6-26 to 6-27.
2) For all checked conservation measures, describe how the project will comply with each measure.

Attach as Attachment C: Project Compliance to HCP Conditions.

VI. MITIGATION MEASURES
1) Mitigation Fee Calculator(s)
Complete and attach the fee calculator (use permanent and/or temporary impact fee calculator as appropriate), and attach as Attachment D: Fee Calculator(s). 2) Briefly describe the amount of fees to be paid and when applicant plans to submit payment.

The 50.81+/- acre site contains 50.44+/- acres of Ruderal Grassland and 0.37+/- acres of Urban/Developed land. Under the current (2025) fee schedule, development fees of $21,090.90 per acre would be assessed on

50.44 acres of Ruderal Grassland. Under the 2025 fee schedule, the fee total is $992,344.08.

The site is within Fee Zone 1 and construction is expected to commence in late-2025. Fees will be paid pursuant to the fee schedule that is in place at the time construction commences.

EXHIBIT A
654
ATTACHMENT A: PROJECT DESCRIPTION

EXHIBIT A
655
Stonecreek (Subdivision 9647)
Project Description
June 2025
The 50.81+/- acre Project Site is in Oakley, in Contra Costa County, California (Figure 1). The Study Area is located just west of Sellers Avenue and just south of Kings Canyon Way and Teton Road. The site is within Section 31, in Township 2 North, Range 3 East of the USGS 7.5-minute Brentwood topographic quadrangle. The project site includes a parcel encompassing 50.44+/- acres and an off-site 0.37-acre sliver along Sellers Avenue.

Ponderosa Homes II, Inc. plans to develop the parcel in to a 176-lot residential subdivision (Figures 2a-2f). Access in to the site from the east will be from Sellers Avenue, as well as from Teton Road and Kings Canyon Way, which will be extended to the south from their stubs along the north edge of the site. A network of roads and cul-de-sacs, most of which were rough graded several years ago, will provide access to all of lots in the subdivision. The project is expected to involve improvements to the Sellers Avenue, such as an additional lane and/or construction of a sidewalk. Any off-site road improvements will occur in a 0.37-acre area along the east edge of the site.

There will be a park and a stormwater detention basin in the northwest part of the site between developed areas and the Marsh Creek corridor. A second stormwater detention basin in the northeast part of the site. The treated stormwater will be conveyed to an existing City storm drain system in Teton Road. The proposed project will connect to existing City infrastructure in Teton Road and Kings Canyon Way, respectively, to provide sewer and water service to the site.

Standard construction best management practices (BMPs) will be employed during construction to minimize the potential for erosion and off-site transport of fines. BMPs will include use of water trucks, appropriate compaction of soil, and installation of straw wattles, silt fences or other technologies along the perimeter of the site during construction, and stabilization of bare soils as appropriate with seeding, straw, and/or hydromulch.

Construction is expected to begin in late-2025 and continue through 2027.

EXHIBIT A
656
ATTACHMENT B: FIGURES

EXHIBIT A
657
. 0 1,000 2,000
Figure 1
Map Date: 06/11/2025
Site Map/USGS
C:\FEC_INC\Projects\Moore Biological\Stonecreek\MXD\stonecreek_psr_figure_1.mxd City of Oakley, Contra Costa County, CA
Stonecreek
Moore Biological
Consultants
Source: USGS 7.5' Quadrangles

BRENTWOOD, CA
Section: 31
Township: 02N
Range: 03E
^_
Study Area
Project Site

EXHIBIT A
658
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
25 24 23 22
53 54 55 56 57 58
38 37 36 35 34 33 32 31 30 29 28 27 26
42 43 44 45 46 47 48 49 50 51 52
77 76 75 74 73 72 71 70 69 68
59 67 66 65 64 63 62 61 60
21 39
40 41
78 79
80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 97 98 99 96 100
101
102
103
104
105
106
107 111 110 109 108
112
113
114
115
116
117
134
133
132
127
128
126
152 151 150 149 148 147 122 121 120 119 118
123 124 125
131 130 129
143
142
141
136
137
135
144 145 146
140 139 138
153 154 155
156
157
158
166 165 164 163 162 161 160 159
167
168
169
170
171
172
173 174
175
176

STREET B

STREET A

STREET C TETON ROAD

STREET D STREET E STREET F STREET G STREET H COURT B

COURT A

PARCEL A

PARCEL D

STORMWATER
BASIN

PARCEL C KINGS CANYON WAY

MARSH CREEK SELLERS AVENUE

SEIRRA TRAIL ROAD

DELTA DIABLO WATER

DISTRICT WELL SITE
(NOT A PART)

FUTURE PARK

PARCEL B
0 100 200 300
1 SCALE: 1"=100'
G:\1216-010\ACAD\TM\TM01.DWG
JOB NO.: 1216-010

OF SHEETS
SHEET NO.
9 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
STONECREEK - SUBDIVISION 9647

CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
DATE: MAY 2, 2023

VESTING TENTATIVE MAP
N

VICINITY MAP
GENERAL NOTES:

Sheet List Table
Sheet Number Sheet Title GENERAL NOTES, STREET SECTIONS, & SHEET INDEX

PARCEL SUMMARY

PARCEL / LOT LAND USE OWNER

DATUM CONVERSION NOTE
Figure 2a: TENTATIVE MAP - COVER SHEET

EXHIBIT A
659
X
X X
X X

STREET B

STREET A

STREET C TETON

STREET D STREET E STREET F

COURT A KINGS CANYON WAY

MARSH CREEK
1 2 3 4 5 6 7 8 9 10 11 12
32 31 30 29 28
33 38 37 36 35 34
42 43 44 45 46 47 48 49 50 51 52
71 70 69 68
72 77 76 75 74 73 67
39 40
41 78
79 80 81 82 83 84 85 86 87 88 89
152 151 150 149 148 147
143
142
141
136
137
135
144
145
146
140 139 138
153 154 155
156
157
158
166 165 164 163 162 161 160 159
167
168
169
170
171
172
173 174
175
176 ROAD
D
C
A
B
C
E
E
B
F
E
0 80 160 240
5 SCALE: 1"=80'
G:\1216-010\ACAD\TM\TM05.DWG
JOB NO.: 1216-010

OF SHEETS
SHEET NO.
9 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
STONECREEK - SUBDIVISION 9647

CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
DATE: MAY 2, 2023

VESTING TENTATIVE MAP
PRELIMINARY GRADING PLAN (WEST) SEE SHEET 6

SECTION F

SECTION C

SECTION E

SECTION A SECTION B
LEGEND

EXISTING PROPOSED DESCRIPTION ABBREVIATIONS

SECTION D

EDGE GRADING NOTE

DATUM CONVERSION NOTE

PAD ELEVATION NOTE - MARSH CREEK EDGE
Figure 2b: GRADING PLAN (WEST)

EXHIBIT A
660

SELLERS AVENUE STREET B

STREET A

STREET C

STREET D STREET G STREET H COURT B
13 14 15 16 17 18 19 20
23 22 24 25
53 54 55 56 57 58
27 26
59 66 65 64 63 62 61 60
21 90 91 92 93 94 95
97 98 99
96 100
101
102
103
104
105
106
107
111 110 109 108
112
113
114
115
116
117
134
133
132
127
128
126
122 121 120 119 118
123 124 125
131 130 129 STREET F C BA ED D F

STORMWATER
BASIN 0 80 160 240 6
SCALE: 1"=80'
G:\1216-010\ACAD\TM\TM06.DWG
JOB NO.: 1216-010

OF SHEETS
SHEET NO. 9 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
STONECREEK - SUBDIVISION 9647

CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
DATE: MAY 2, 2023

VESTING TENTATIVE MAP

PRELIMINARY GRADING PLAN (EAST)
LEGEND
EXISTING PROPOSED DESCRIPTION ABBREVIATIONS SEE SHEET 5

SECTION C

SECTION E SECTION F

SECTION A SECTION B

SECTION D

EDGE GRADING NOTE
Figure 2c: GRADING PLAN (EAST)

EXHIBIT A
661

X X X X X

STREET B

STREET A

STREET C TETON ROAD

STREET D STREET E STREET F

COURT A KINGS CANYON WAY MARSH CREEK
SEIRRA TRAIL ROAD 1 2 3 4 5 6 7 8 9 10 11 12
33 32 31 30 29 28
35 34 37 36 38
42 43 44 45 46 47 48 49 50 51 52
77 76 75 74 73 72 71 70 69 68 67
39 40
41 78
81 82 83 84 85 86 87 88 89
147
150 149 148
151 152
143
142
141
136
137
135
144 145
146
139 138
140
153 154
155
156
157
158
161 160 159
164 163 162
165
166
167
168
169
170
171
172
173 174
175
176
80 79 0 80 160 240 7
SCALE: 1"=80'
G:\1216-010\ACAD\TM\TM07.DWG
JOB NO.: 1216-010

OF SHEETS
SHEET NO. 9 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
STONECREEK - SUBDIVISION 9647

CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
DATE: MAY 2, 2023

VESTING TENTATIVE MAP
PRELIMINARY UTILITY PLAN (WEST) SEE SHEET 8

TYPICAL UTILITY LATERAL DETAIL
HOUSE
LEGEND

EXISTING PROPOSED DESCRIPTION ABBREVIATIONS
Figure 2d: UTILITY PLAN (WEST)

EXHIBIT A
662

STREET B

STREET A

STREET C

STREET D STREET F STREET G STREET H COURT B SELLERS AVENUE 13 14 15
16 17 18 19 20
25 24 23 22
58 54 55 56 57 53
27 26
59 65 64 63 62 61
60 66
21 90
91 92
93 94 95 97 98 99
96 100
101
102
103
104
105
106
107
108
111 109
112
113
114
115
116
117
134
132
127
128
126
119 118
120 121 122
123 124 125
130 129 131 110
133 0 80 160 240 8
SCALE: 1"=80'
G:\1216-010\ACAD\TM\TM08.DWG
JOB NO.: 1216-010

OF SHEETS
SHEET NO. 9 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
STONECREEK - SUBDIVISION 9647

CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
DATE: MAY 2, 2023

VESTING TENTATIVE MAP
PRELIMINARY UTILITY PLAN (EAST) SEE SHEET 7
LEGEND

EXISTING PROPOSED DESCRIPTION ABBREVIATIONS
Figure 2e: UTILITY PLAN (EAST)

EXHIBIT A
663
DMA 1
IMP 1
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
25 24 23 22
53 54 55 56 57 58
38 37 36 35 34 33 32 31 30 29 28 27 26
42 43 44 45 46 47 48 49 50 51 52
77 76 75 74 73 72 71 70 69 68
59 67 66 65 64 63 62 61 60
21 39
40 41
78 79
80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 97 98 99 96 100
101
102
103
104
105
106
107
111 110 109 108
112
113
114
115
116
117
134
133
132
127
128
126
152 151 150 149 148 147 122 121 120 119 118
123 124 125
131 130 129
143
142
141
136
137
135
144 145 146
140 139 138
153 154 155
156
157
158
166 165 164 163 162 161 160 159
167
168
169
170
171
172
173 174
175
176

STREET B

STREET A TETON ROAD STREET C

STREET D STREET E STREET F STREET G STREET H COURT B

COURT A MARSH CREEK SELLERS AVENUE

SEIRRA TRAIL ROAD
DMA 2

FUTURE PARK

PARCEL B
0 100 200 300
9 SCALE: 1"=100'
G:\1216-010\ACAD\TM\TM09.DWG
JOB NO.: 1216-010

OF SHEETS
SHEET NO.
9 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
STONECREEK - SUBDIVISION 9647

CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
DATE: MAY 2, 2023

VESTING TENTATIVE MAP

BIORETENTION AREA

BIORETENTION AREA SUMMARY

DMA DRAINAGE MANAGEMENT

AREA (SF)

IMPERVIOUS

AREA (SF)

PERVIOUS

AREA (SF)

REQUIRED TREATMENT

AREA (SF)

PROVIDED TREATMENT

AREA (SF)

PONDING

DEPTH (IN)
25 IMP 1

PRELIMINARY STORM WATER

CONTROL PLAN LEGEND
DMA 1
Figure 2f: PRELIMINARY STORM WATER CONTROL PLAN

EXHIBIT A
664
Sellers Ave
Marsh Creek Trl
C:\FEC_INC\Projects\Moore Biological\Stonecreek\MXD\stonecreek_psr_figure_3.mxd Project Site 50.44 -
Off-Site - 0.37
Total 50.44 0.37
Ruderal Grassland
(Acres)
Urban/Developed
(Acres)
.

Figure 3
Map Date: 06/11/2025
Imagery Source: Maxar (07/2022)
Moore Biological
Consultants
Field Verified Landcover Map
City of Oakley, Contra Costa County, CA
Stonecreek Project Site (50.44 acres) 0 200 400
Off Site - No Improvements (0.37 acre)

EXHIBIT A
665

MOORE BIOLOGICAL
Previously graded road in the northeast part of the site, looking west; 06/15/23.

Previously graded road in the west part of the site, looking west from the east edge of the site; 06/15/23. This will be the future entrance road in to the subdivision from Sellers Avenue.

FIGURE 4a

REPRESENTATIVE PHOTOGRAPHS

EXHIBIT A
666

MOORE BIOLOGICAL
Prior vineyard in the south part of the site, looking west; 06/15/23. This portion of the site supported a small vineyard, but the vines have been removed for several years.

There are resprouted vines and small ornamental seedlings within this area.

Previously graded house pad in the southwest part of the site, looking east; 06/15/23.

FIGURE 4b

REPRESENTATIVE PHOTOGRAPHS

EXHIBIT A
667

MOORE BIOLOGICAL
Two palm trees in the northeast part of the site, looking northwest; 06/15/23. This portion of the site previously supported a small home site.

Demolished home site in the south part of the site, looking northwest; 06/15/23.

FIGURE 4c

REPRESENTATIVE PHOTOGRAPHS

EXHIBIT A
668

MOORE BIOLOGICAL
North edge of the site, looking east from the northwest part of the site; 06/15/23.

North edge of the site, looking west from the northeast corner of the site; 06/15/23.

FIGURE 4d

REPRESENTATIVE PHOTOGRAPHS

EXHIBIT A
669

MOORE BIOLOGICAL
West edge of the site, looking north from the southwest part of the site; 06/15/23.

South edge of the site, looking west from the southeast part of the site; 06/15/23. There are several trees adjacent to the south edge of the site.

FIGURE 4e

REPRESENTATIVE PHOTOGRAPHS

EXHIBIT A
670

MOORE BIOLOGICAL
Shrubs in the northwest part of the site, looking northwest; 06/15/23. Most of the trees and shrubs are located just off-site; a few shrubs may be just within the site boundary.

Large eucalyptus trees adjacent to the south edge of the site, looking southwest from the south part of the site; 06/15/23.

FIGURE 4f

REPRESENTATIVE PHOTOGRAPHS

EXHIBIT A
671

MOORE BIOLOGICAL
Cluster of ground squirrel burrows located along an elevated home pad in the south part of the site, looking southeast; 06/15/23.

A walking path and Marsh Creek located just west of the west edge of the site, looking northwest; 06/15/23.

FIGURE 4g

REPRESENTATIVE PHOTOGRAPHS

EXHIBIT A
672

MOORE BIOLOGICAL
Sellers Avenue, looking south from the northeast part of the site; 06/15/23. This area will be subject to off-site road improvements as part of the project.

FIGURE 4h

REPRESENTATIVE PHOTOGRAPHS

EXHIBIT A
673
!(
!(
Sellers Ave
Marsh Creek Trl
C:\FEC_INC\Projects\Moore Biological\Stonecreek\MXD\stonecreek_psr_figure_5b v.mxd Project Site 50.44 -
Off-Site - 0.37
Total 50.44 0.37
*Assumed habitat for burrowing owl
*Ruderal Grassland
(Acres)
Urban/Developed
(Acres)
.

Figure 5a
Map Date: 06/11/2025
Imagery Source: Maxar (07/2022)
Moore Biological
Consultants
Planning Survey Species Habitat Map
City of Oakley, Contra Costa County, CA
Stonecreek 0 200 400
Project Site (50.44 acres)
Off Site - No Improvements (0.37 acre)
Trees; assumed habitat for Swainson's
hawk, golden eagle, and white-tailed kite. !(

EXHIBIT A
674
C:\FEC_INC\Projects\Moore Biological\Stonecreek\MXD\stonecreek_psr_figure_5b.mxd Regional Species Habitat Map
. 0 500 1,000
Figure 5b
Map Date: 06/11/2025
Imagery Source: Maxar (07/2022)
Stonecreek
Oakley, Contra Costa County, CA
Moore Biological
Consultants
Western Burrowing Owl
Potential Habitat within 500 ft.

Study Area
Swainson Hawk
Potential Habitat within 1,000 ft.

Golden Eagle
Potential Habitat within 0.5 miles
Western Burrowing Owl

EXHIBIT A
675
ATTACHMENT C: PROJECT COMPLIANCE TO HCP CONDITIONS

EXHIBIT A
676
Stonecreek (Subdivision 9647)
Project Compliance to HCP Conditions
June 2025
HCP/NCCP Conservation Measure 1.11. Avoid Direct Impacts on Extremely Rare Plants, Fully Protected Wildlife Species, or Covered Migratory Birds:

The potential for special-status plants to occur within the site is considered extremely remote, as described in Section III (10).

Species-specific pre-construction surveys, and if needed, monitoring and avoidance requirements for burrowing owl, Swainson’s hawk, and golden eagle will be conducted as described in Section IV (2). There is no suitable habitat in the site for ringtail (Bassariscus astutus), a “fully protected species,” per California Fish and Game Code Section 4700. Similarly, there is no suitable nesting habitat in the site for peregrine falcon (Falco peregrinus), a “fully protected species,” per California Fish and Game Code Section 3511.

White-tailed kite (Elanus leucurus), another “fully protected species,” per California Fish and Game Code Section 3511 could potentially nest in trees in or near the site. Prior to any ground disturbance related to covered activities that occur during the nesting season (March 15-August 31), a qualified biologist will conduct a preconstruction survey no more than 1 month prior to construction to establish whether white-tailed kite is nesting in trees within or visible from the site. In the event active nests are found, an initial 300-foot buffer shall be established around the nest tree. Ground disturbance related to covered activities within the buffer shall either be delayed until a qualified biologist determines nesting is complete, or until the applicant and consults with the Implementing Entity (i.e., City of Oakley) and CDFW and implements CDFWapproved measures to minimize potential disturbance.

Tricolored blackbird (Agelaius tricolor), a State of California threatened species, could nest in vegetation in and adjacent to portions of Marsh Creek such as patches of wild rose, bulrush, cattails, and willows. On-site grasslands and vegetation could be used by other species of nesting birds protected by the Migratory Bird Treaty Act. If possible, any ground disturbance related to covered activities will occur outside of the general bird nesting season (February 1 through August 31). Alternately, a qualified biologist will conduct a

EXHIBIT A
677
preconstruction survey no more than 2 weeks prior to any ground disturbance related to covered activities. In the event active raptors or tricolored blackbird nests are found, and initial 300-foot buffer shall be established around the nests.

In the event nests or other birds are found, an initial 50-foot buffer shall be established around the nest. Ground disturbance related to covered activities within the buffers shall either be delayed until a qualified biologist determines nesting is complete, or until the applicant consults with the Implementing Entity and CDFW and implements CDFW-approved measures to minimize potential disturbance.

HCP/NCCP Conservation Measure 1.10. Maintain Hydrologic Conditions and Minimize Erosion:

The project has been designed to maintain hydrologic conditions and minimize erosion. Standard construction best management practices (BMPs) will be employed during construction to minimize the potential for erosion and off-site transport of fines. BMPs will include use of water trucks, appropriate compaction of soil, and installation of straw wattles, silt fences or other technologies along the perimeter of the site during construction, and stabilization of bare soils as appropriate with seeding, straw, and/or hydromulch.

HCP/NCCP Conservation Measure 2.12. Wetland, Pond, and Stream Avoidance and Minimization:

Potentially jurisdictional Waters of the U.S. and wetlands in the site are being avoided to the maximum extent practicable. There are no potentially jurisdictional Waters of the U.S. in the site.

The following measures from pages 6-33 through 6-35 will be implemented to avoid and minimize impacts of covered activities on wetlands:
• The project will comply with the guidelines in Conservation Measure 1.10 to minimize the effects of urban development on downstream hydrology, streams, and wetlands.
• Personnel conducting ground-disturbing activities adjacent to Marsh Creek will be trained by a qualified biologist in the avoidance and minimization measures and the permit obligations of project proponents

EXHIBIT A
678
working under the ECCCHCP. Vehicles and equipment will be parked on pavement, existing roads, and previously disturbed areas. • Trash generated during project construction will be promptly and properly removed from the site.
• No construction or maintenance vehicles will be refueled within 200 feet of Marsh Creek unless a bermed and lined refueling area is constructed and hazardous material absorbent pads are available in the event of a spill. • Appropriate erosion-control measures (e.g., fiber rolls, filter fences, vegetative buffer strips) will be used on site to reduce siltation and runoff of contaminants into Marsh Creek. Filter fences and mesh will be of material that will not entrap reptiles and amphibians. Erosion control blankets shall be used as a last resort because of their tendency to biodegrade slowly and trap reptiles and amphibians.
• Fiber rolls used for erosion control will be certified as free of noxious weed seed.
• Seed mixtures applied for erosion control will not contain invasive nonnative species, and will be composed of native species or sterile nonnative species.
• Herbicides will not be applied within the buffer area along Marsh Creek unless needed to control serious invasive plants. In this case, herbicides that have been approved for use by EPA in or adjacent to aquatic habitats may be used as long as label instructions are followed and applications avoid or minimize impacts on covered species and their habitats.

Appropriate herbicides may be applied to the ruderal grassland within the buffer area during the dry season to control nonnative invasive species such as yellow star-thistle. Herbicide drift shall be minimized by applying the herbicide as close to the target area as possible.

HCP/NCCP Conservation Measure 1.7. Establish Stream Setbacks:

A stream is defined in Chapter 3 of the ECCCHCP as “a long, narrow body of flowing water that occupies a channel with defined bed and bank and moves to lower elevations under the force of gravity”.

EXHIBIT A
679
Marsh Creek, which is adjacent to the site, will be fully avoided by project construction. A 75-foot stream setback will be implemented along Marsh Creek; the subdivision roads and lots will be located outside the stream setback.

Bioretention basins will be constructed within the setback.

Stream setbacks are designed to protect existing habitat quality, to protect water quality and hydrologic processes through buffering, and allow for at least minimal restoration (page 6-16). The stream setback measure is intended to achieve several purposes as listed on pages 6-16 and 6-17 of the ECCCHCP, along a variety of stream types. Six of the seven purposes have applicability to the project:
• Maintain or improve water quality by filtering sediments and pollutants from urban runoff before they reach the stream.
• Allow for protection of potentially restored riparian woodland and scrub within and adjacent to the stream.
• Maintain a buffer zone between urban development and existing and restored nesting habitat for Swainson’s hawk and other bird species. • Maintain and enhance the water quality of the stream to protect native fish populations, including populations of special-status species that occur in downstream creeks (i.e., fall-run Chinook salmon in Marsh Creek). • Maintain a more viable wildlife corridor for some species (e.g., western pond turtle, raccoon) than would be present with a narrower buffer zone. • Maximize the natural flood protection value of the floodplain.

EXHIBIT A
680
ATTACHMENT D: FEE CALCULATOR

EXHIBIT A
681
Updated March 5, 2024
ECCC HCP/NCCP 2025 Fee Calculator Worksheet
Permanent Impacts
PROJECT APPLICANT:

PROJECT NAME:

APN(s):

JURISDICTION:

DATE PREPARED:
2025 FEE /
ACRE 1 TOTAL
DEVELOPMENT FEE Fee Zone 1 50.44 x $21,090.90 = $1,063,825.00 Fee Zone 2 x $42,181.80 = $0.00
Fee Zone 3 x $10,545.45 = $0.00
Fee Zone 42 x $31,636.35 = $0.00
Development Fee Total = $1,063,825.00
WETLAND MITIGATION FEE x $116,686.48 = $0.00
Perennial Wetland x $179,565.89 = $0.00
Seasonal Wetland x $421,817.26 = $0.00
Alkali Wetland x $426,432.22 = $0.00
Ponds x $232,637.96 = $0.00
Aquatic/Open Water x $116,319.53 = $0.00
Slough/Channel x $164,759.00 = $0.00
Streams ≤ 25 ft (in linear ft) x $609.38 = $0.00
Streams > 25 ft (in linear ft) x $913.52 = $0.00
Wetland Mitigation Fee Total = $0.00
STREAM SETBACK ENCROACHMENT Encroachment x $58,343.24 = $0.00 Stream Setback Encroachment Fee Total = $0.00
FEE REDUCTION Development Fee reduction for land in lieu of fee = Development Fee reduction for permanent assessments =
Wetland Mitigation Fee reduction for restoration/creation = Reduction Total = $0.00
FINAL FEE CALCULATION Development Fee Total $1,063,825.00 Wetland Mitigation Fee Total + $0.00
Encroachment in Stream Setback Fee Total + $0.00
Mitigation Fee Total = $1,063,825.00
+
= $1,063,825.00
____
Ponderosa Homes II, Inc.

Stonecreek (Subdivision 9647)
033-140-020, 033-140-021, and 033-140-028
June 12, 2025
Oakley
4 Participating Special Entities (PSEs) are required to pay fees over and above permanent and temporary impact mitigation fees to cover indirect costs of extending permit coverage, including a portion of the costs of the initial preparation of the Plan, and a portion of the costs of conservation actions designed to contribute to species recovery. This amount will be determined by the Conservancy in accordance with the Contribution to Recovery Implementation Policy adopted by the Conservancy Governing Board on December 8, 2014.

Riparian woodland/scrub

PERMANENT

IMPACTS (AC)
3 For every acre of impact on wetlands, streams, ponds, and riparian woodland/scrub, applicants will pay the appropriate development fee (according to fee zone) towards land acquisition and the conservation program as a whole, as well as a wetland mitigation fee to cover the costs of successful restoration or creation (ECCC HCP/NCCP Chapter 9.3.1).

Contribution to Recovery4

TOTAL AMOUNT DUE
2 Fee Zone 4 is not shown on Figure 9-1 of the HCP/NCCP but refers to the fee applicable to those few covered acitivities located in northeastern Antioch (p. 9-21). 1 The Fee Schedule is adjusted annually (no later than March 15 of each year). Development Fees are adjusted according to a formula that includes both a Home Price Index (HPI) and a Consumer Price Index (CPI). The Wetland Mitigation Fees are adjusted according to a CPI. Every five years, a fee audit is conducted which also adjusts the fees.

These impacts are charged both a wetland mitigation
fee and a development fee.3
See appropriate city/county ordinance or HCP/NCCP Figure 9-1 to determine Fee Zone.

See HCP/NCCP Chapter 6 (p. 6-15 to 6-18) for more info.

Fee reductions must be approved by the Habitat Conservancy. See HCP/NCCP Chapter 9 for more info.

EXHIBIT A
682
Responses to Comments
Stonecreek Subdivision 9647
January 2026
1 INTRODUCTION
This Responses to Comments document contains comments received during the public review period of the Recirculated Stonecreek Subdivision 9647 Initial Study/Mitigated Negative Declaration (IS/MND).

According to CEQA Guidelines Sections 15073 and 15074, the lead agency must consider the comments received during consultation and review periods together with the IS/MND. However, unlike with an Environmental Impact Report (EIR), comments received on an IS/MND are not required to be attached to the negative declaration, nor must the lead agency make specific written responses to public agencies. Nonetheless, the lead agency has chosen to provide responses to those specific public comments that are related to the environmental analysis contained in the IS/MND. Non-environmental comments have been considered by the City as part of staff’s report to the Planning Commission.

BACKGROUND
The Stonecreek Subdivision 9647 Project IS/MND was circulated by the City of Oakley on October 7, 2024, for public review and comment until November 5, 2024. Comments were not received during the 30-day public review period. Following the public review period, staff-initiated changes resulted in substantial revisions to the vehicle miles traveled (VMT) analysis. Specifically, the changes resulted in a new potentially significant impact related to VMT and a new mitigation measure under question XVII-b to reduce the newly identified impact to a less-than-significant level (Mitigation Measure XVII-1). Thus, consistent with CEQA Section 15073.5, the IS/MND was revised in September 2025 and was recirculated for an additional 30-day public review period.

The City of Oakley solicited public input on the Recirculated IS/MND as follows: a Notice of Completion of the IS/MND was posted with the State Clearinghouse on September 15, 2025. The IS/MND was distributed to applicable public and responsible agencies and interested individuals.

The IS/MND was made available on the City’s website at, https://www.oakleyca.gov/228/CEQADocuments. The public review period ended October 15, 2025.

LIST OF COMMENTERS
The City of Oakley received one comment letter during the public comment period on the Recirculated IS/MND for the proposed project from the following agency representative:

Letter 1 ......................................................................Mae Soe, Department of Conservation

RESPONSES TO COMMENTS
The Responses to Comments section below includes the comment letter, as well as responses to each comment. The comment letter has been numbered at the top and bracketed to indicate how the letter has been divided into individual comments. Each comment is given a number with the letter number appearing first, followed by the comment number. For example, the first comment in Letter 1 would have the following format: 1-1. The response to each comment will reference the comment number.

RESPONSES TO COMMENTS

EXHIBIT B
683
Responses to Comments
Stonecreek Subdivision 9647
January 2026
2 Letter 1
1-1

EXHIBIT B
684
Responses to Comments
Stonecreek Subdivision 9647
January 2026
3 Letter 1 cont.
1-2
1-1
cont.
1-3

EXHIBIT B
685
Responses to Comments
Stonecreek Subdivision 9647
January 2026
4 Letter 1 cont.
1-3
cont.
1-4
1-5

EXHIBIT B
686
Responses to Comments
Stonecreek Subdivision 9647
January 2026
5 Letter 1 cont.

EXHIBIT B
687
Responses to Comments
Stonecreek Subdivision 9647
January 2026
6 Letter 1 cont.

EXHIBIT B
688
Responses to Comments
Stonecreek Subdivision 9647
January 2026
7 LETTER 1: MAY SOE, DEPARTMENT OF CONSERVATION
Response to Comment 1-1
The comment is an introductory discussion that generally describes the California Geologic Energy Management Division (CalGEM) and CalGEM recommendations related to wells and well abandonment. The comment identifies a well on-site, the location of which is shown in Figure 1 below; however, the comment does not specifically address the adequacy of the IS/MND and, thus, further response is not warranted.

Response to Comment 1-2
A summary of the on-site well was prepared by ENGEO, Inc. to address CalGEM’s comments. 1 As discussed therein and as informed by a report of well abandonment, the on-site well is a former gas well drilled in April 1985 to a depth of 9,145 feet. According to the summary, the on-site well did not produce natural gas and is considered a “dry” hole, which is not a recognized environmental condition (REC) or a health hazard.

Shortly after completion of drilling, the on-site well was properly abandoned in 1985 under a permit from California Department of Conservation Division of Oil and Gas (now known as CalGEM).

The well was grouted and sealed to a depth of 325 feet below the ground surface, the casing head was cut off, and six-inch-tall, 9.625-inch-diameter riser and steel plate were welded on at the surface prior to turning the well over for water well use. However, based on the lack of well activity between October 2024 and November 2025,2 as well as the undeveloped and mass graded nature of the site, the use of the 325 feet of well space below the ground surface for water uses is not considered likely. Nonetheless, out of an abundance of caution, ENGEO provided construction recommendations including the completion of a professional survey to identify the exact area of the well, as well as recommendations related to grouting, cut offs, and setbacks within the Former Gas Well Summary (despite the lack of health hazards associated with the well). The City would require such recommendations as conditions of approval for the project.

Response to Comment 1-3
The comment summarizes existing regulations related to well abandonment under CalGEM’s authority and does not address the adequacy of the IS/MND. Pursuant to the ENGEO well summary, well work requiring CalGEM approval as described within the comment would not be required. The cut off recommended by the summary specifies that cut offs shall be a minimum of five feet below final grade, consistent with CCR Section 1723.5 as stated by the comment.

Response to Comment 1-4
As discussed in Response to Comment 1-2 above, hazardous conditions associated with the onsite well have not been identified. Nonetheless, information shall be provided to the Contra Costa County recorder for inclusion, as recommended by the comment [City, please confirm].

Response to Comment 1-5
The comment is a conclusory statement that reiterates the authority of CalGEM and does not address the adequacy of the IS/MND. The comment will be forwarded to the decision-makers for their consideration of the proposed project.
1 ENGEO Incorporated. Former Gas Well Summary. November 17, 2025. Revised December 22, 2025. 2 ENGEO Incorporated. Well Detail. November 2025.

EXHIBIT B
689
Responses to Comments
Stonecreek Subdivision 9647
January 2026
8 Figure 1
Plugged Dry Gas Well Location

EXHIBIT B
690
Resolution No. XX-26 Page 1 of 19
RESOLUTION NO. XX-26

A RESOLUTION OF THE CITY OF OAKLEY CITY COUNCIL MAKING FINDINGS

AND APPROVING A TENTATIVE MAP, AND ADOPTING AN INITIAL STUDY/

MITIGATED NEGATIVE DELCARATION AND MITIGATION MONITORING PROGRAM FOR THE STONECREEK SUBDIVISION 9647, VESTING TENTATIVE MAP (TM 02-23)
APNS 033-140-020, 033-140-021, AND 033-140-028
WHEREAS, on May 11, 2023, Ponderosa Homes II, Inc. (Jeff Schroeder) ("Applicant") filed an application requesting approval of a Vesting Tentative Map (TM 02-23) to subdivide approximately 50.5 acres into 176 single-family residential lots, a 2.4-acre park, a 2.7-acre detention basin, a 1.1-acre, 75-foot wide creek setback, and other associated improvements.

APNs 033-140-020, 033-140-021, and 033-140-028) ("Project"); and WHEREAS, in May 2024, the project application was deemed complete per Government Code section 65920 et. seq; and
WHEREAS, the project is designated as RL (Residential Low) and RV (Residential Very Low) in the Oakley General Plan, and zoned P-1 (Planned Unit Development) District; and
WHEREAS, pursuant to the requirements of the California Environmental Quality Act (“CEQA”), the City prepared a Draft Initial Study/Mitigated Negative Declaration (“IS/MND”). The Notice of Intent (“NOI”) to Adopt an MND and IS was circulated for public review and comment from October 7, 2024 through November 5, 2024, then subsequently a Recirculated Mitigated Negative Declaration and the Notice of Intent (“NOI”) to Adopt was circulated for public review and comment from September 15, 2025, through October 15, 2025. The notices were filed with the County Clerk and Governor’s Office of Planning and Research (“OPR”), emailed or mailed out to over 60 public agencies and parties requesting such notice, and posted in the same manner as a Notice of Public hearing, which is at locations throughout the City and at the project site; and WHEREAS, In January 2026, an Errata Sheet for the Stonecreek Subdivision 9647 Project Initial Study/Mitigated Negative Declaration was prepared; and WHEREAS, on or before February 21, 2026, the Notice of Public Hearing for the Project was duly noticed in the Contra Costa Times, a newspaper of general distribution, was posted at the Project site, at Oakley City Hall located at 3231 Main Street, outside the gym at Delta Vista Middle School located at 4901 Frank Hengel Way, and outside the library at Freedom High School located at 1050 Neroly Road, was posted to the City’s website, and was mailed out to all owners of property within a 500-foot radius of the project’s boundaries, to parties requesting such notice, and to outside agencies; and WHEREAS, on March 3, 2026, the Planning Commission held a duly noticed public hearing to consider the proposed Project for recommendation to the City Council, 691
Resolution No. XX-26 Page 2 of 19
received the staff report and staff presentation, received comments from the public and interested parties, and deliberated on the Project. At the conclusion of its deliberations, the Planning Commission took a vote and adopted this resolution to recommend approval of the Tentative Map Extension and adoption of the Project’s Mitigated Negative Declaration and Mitigation Monitoring Reporting Program to the City Council; and WHEREAS, on or before April 17, 2026, the Notice of Public Hearing for the Project was duly noticed in the Contra Costa Times, a newspaper of general distribution, was posted at the Project site, at Oakley City Hall located at 3231 Main Street, outside the gym at Delta Vista Middle School located at 4901 Frank Hengel Way, and outside the library at Freedom High School located at 1050 Neroly Road, was posted to the City’s website, and was mailed out to all owners of property within a 500-foot radius of the project’s boundaries, to parties requesting such notice, and to outside agencies; and WHEREAS, on April 28, 2026, the City Council held a duly noticed public hearing to consider the proposed Project, received the staff report and staff presentation, received comments from the public and interested parties, and deliberated on the Project. At the conclusion of its deliberations, the City Council took a vote and adopted this resolution approving the Tentative Map Extension and adoption of the Project’s Mitigated Negative Declaration and Mitigation Monitoring Reporting Program to the City Council; and WHEREAS, these Findings are based on the City’s General Plan and the City’s Zoning Ordinance, and the information submitted to the City Council at its April 28, 2026 meeting, both written and oral, as reflected in the minutes of such meetings, together with the documents contained in the file for the Project (hereafter the “Record”).

WHEREAS, if any term, provision, or portion of these Findings or the application of these Findings to a particular situation is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of these Findings, or their application to other actions related to the Project, shall continue in full force and effect unless amended or modified by the City.

NOW, THEREFORE, BE IT RESOLVED THAT, on the basis of the above findings of fact and the entire Record, the City Council makes the following additional findings in support of the approvals:

A. The Project’s Initial Study and Mitigated Negative Declaration (“IS/MND”) was prepared in accordance with CEQA Guidelines and is recommended to be adopted by the City Council in conjunction with the Project’s Vesting Tentative Map (TM 02- 23). Development of the project is subject to all adopted mitigation measures as included in the Mitigation Monitoring Reporting Program, attached as Exhibit “A” to this resolution, unless modified pursuant to the CEQA Guidelines and adopted by the City Council.

B. In regard to the application requesting approval of Vesting Tentative Map 9647 (TM 02-23) subdivide approximately 50.5 acres into 176 single-family residential 692
Resolution No. XX-26 Page 3 of 19
lots, a 2.4-acre park, a 2.7-acre detention basis, a 1.1-acre, 75-foot-wide creek setback, and other associated improvements, the City Council finds that:

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

2. The proposed Vesting Tentative Map (“VTM”), together with the provisions of its design and improvements, is consistent with the Zoning Ordinance, and applicable portions of the RL (Residential Low) and RV (Residential Very Low) General Plan Land Use Designation, in that the VTM’s gross density (apx. 3.5 du/ac) falls within the gross density range of the RL and RV General Plan Land Use Designation of 0.8 to 2.3 du/ac. and 2.3-3.8 du/ac, and the VTM is tied to a P-1 District, which sets its own development regulations, such as required yard setbacks and minimum lot sizes; and

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

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

5. The design of the subdivision and type of improvements are not likely to cause serious public health problems in that the proposed subdivision consists of 176 single family residential lots. Construction and grading of the project are subject to building or grading permits, and violations of any such permits are subject to appropriate enforcement; and

6. Public improvements are proposed and conditioned to occur as a result of the subdivision, which is a benefit to the public and surrounding residents and property owners of the vicinity. One such improvement will be the dedication and improvement of Sellers Avenue, which is currently an unpaved road serving several rural residential uses; and

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

C. The project complies with Measure J Growth Management requirements. 693
Resolution No. XX-26 Page 4 of 19
BE IT FURTHER RESOLVED THAT, on the basis of the above Findings and the Record, the City Council recommends the City Council approves of the Applicant’s request for Tentative Map (TM 02-23), subject to the following Conditions of Approval:

Conditions of Approval
Applicant shall comply with the requirements of the Oakley Municipal Code. Any exceptions must be stipulated in these Conditions of Approval. Conditions of Approval are based on the application received by the Planning Division dated December 6, 2023, as well as additional information acquired since that time and made part of the project file.

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

PLANNING DIVISION CONDITIONS OF APPROVAL
General:

1. The proposed project plans are recommended for City Council approval, as shown on the revised plans, date stamped by the Planning Division on December 6, 2023, and as modified by the following conditions of approval, subject to final review and approval by the Community Development Director.

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

3. All construction drawings submitted for plan check shall be in substantial compliance with the plans presented to and approved by the City Council on April 28, 2026, as conditioned.

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

5. Noise generating construction activities, including such things as power generators, shall be limited to the hours of 7:30 a.m. to 5:30 p.m. Monday through Friday, and shall be prohibited on City, State and Federal Holidays. The restrictions on allowed working days and times may be modified on prior written approval by the Community Development Director.
694
Resolution No. XX-26 Page 5 of 19

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

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

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

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

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

Fences and Walls:

11.The sound walls to be constructed shall be constructed entirely outside of the public right of way and on the adjacent private property. All costs associated with maintenance of those sound walls will be the responsibility of the property owner on which that portion of the wall is located. Sound wall design shall be subject to Design Review approval prior to installation.

12.Within the subdivision good neighbor fences shall be constructed of wood that is resistant to rotting and warping, and erected with galvanized metal posts surrounded and completely hidden by wood fascia that matches the main fencing.

Posts and fascia shall be capped by either a decorative upper fence rail or post cap. Good neighbor fences facing a street shall be constructed of a durable material such as, but not limited to, masonry, vinyl, enhanced wood, composite or other durable material, or stained or painted on both sides to prevent water damage, subject to the review and approval of the Community Development Director. Fencing design shall be subject to Design Review approval prior to installation.
695
Resolution No. XX-26 Page 6 of 19

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

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

PUBLIC WORKS AND ENGINEERING CONDITIONS OF APPROVAL

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

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

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

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

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

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

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

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

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

19.PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of any site work, the general contractor shall:
a) Along with the project applicant, attend a pre-construction meeting with the City Engineer to discuss the project conditions of approval, working hours, site maintenance and other construction matters.
696
Resolution No. XX-26 Page 7 of 19
b) Acknowledge in writing that they have read and understand the project conditions of approval and will make certain that all project sub-contractors have read and understand them prior to commencing work and that a copy of the project conditions of approval will be posted on site at all times during construction.

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

21.EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Public Works Department. A Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the State SMARTS system for projects disturbing more than one acre and obtain a WDID number. A maximum of two weeks is allowed between clearing of an area and stabilizing/building on an area if grading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before installation of the final landscaping shall be included. Interim erosion control method shall include, but are not limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, City standard seeding specification, filter berms, check dams, retention basins, etc. Provide erosion control measures as needed to protect downstream water quality during winter months. The grading, drainage, erosion control plans and SWPPP shall comply with applicable measures contained in the City of Oakley’s NPDES Permit.

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

Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept daily during the workweek to the satisfaction of the City. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered.
697
Resolution No. XX-26 Page 8 of 19

23.FIRE CONTROL. The project developer shall keep the site free of fire hazards from the start of construction until final inspection. The plan must adhere to the satisfaction of the Contra Costa Fire District.

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

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

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

27.RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised 698
Resolution No. XX-26 Page 9 of 19
pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Public Works & Engineering Inspector and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions.

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

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

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

New curb and gutter shall be constructed per City Standard Details. The limits of curb and gutter repair will be determined by the Public Works Inspector during the construction phase of the project.

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

31.GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be diligently performed by a person or persons authorized to do so at all times during working hours. The storing of goods and/or materials on the sidewalk and/or the street will not be allowed unless a special permit is issued by the Engineering Division. The adjacent public right-of-way shall be kept clear of all job-related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the City performing the required maintenance at the developer's expense. 699
Resolution No. XX-26 Page 10 of 19

32.SITE SUPERVISION. The General Contractor shall provide qualified supervision on the job site at all times during construction.

33.TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to issuance of a grading permit.

34.EASEMENTS. Owner/Applicant/Developer shall provide copy of recorded Grant of Easements and/or land acquisitions and duly executed rights of entry for all permanent and temporary construction of improvements required for the project and shall fully comply with their requirements.

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

35.EXISTING WELLS. All abandoned or inactive wells on the subject site shall be destroyed in accordance with the required abandonment wells standards by the agencies responsible for the wells. Provide documentation that any gas wells located onsite have been abandoned per regulations.

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

The soils report shall include specific criteria and standards governing site grading, drainage, pavement design, retaining wall design, and erosion control. All recommendations of the investigation shall be incorporated into project plans. One copy of the geologic report shall be submitted with the grading permit and public improvement application. Prior to issuance of any permit, the applicant’s soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with their recommendations. The applicant’s soils engineer’s approval shall then be conveyed to the City either by letter or by signing the plans.

37.GRADING.
a) Grade any slopes with a vertical height of four (4) feet or more at a slope of 3H to 1V. Retaining walls that may be installed to reduce the slope must be masonry and comply with the City’s building code.
b) Retaining wall or other suitable option acceptable by the City Engineer is required where the grade differential between property or adjacent lots are 700
Resolution No. XX-26 Page 11 of 19
greater than 6”. Retaining walls are required to be identified on the grading plans and shall have a note stating a separate building permit is required for retaining wall greater than four (4) feet in height, measured from the bottom of footing to top of wall.
c) At least one week prior to commencement of grading, the applicant shall post at the site and mail to the owners of property within 300 feet of the exterior boundary of the project site notice that construction work will commence. The notice shall include a list of contact persons with their name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall always be kept current and shall consist of persons with authority to indicate and implement corrective action in their area of responsibility. The names of the individual responsible for noise and litter control shall be expressly identified in the notice. The notice shall be reissued with each phase of major grading activity. A copy of the notice shall be concurrently transmitted to the City Engineer. The notice shall be accompanied by a list of the names and addresses of the property owners noticed, and a map identifying the area noticed.
d) Submit a Haul Route Plan to the City Engineer for review and approval prior to importing or exporting any material from the site. The plan shall include the location of the borrow or fill area, the proposed haul routes, the estimated number and frequency of trips, and the proposed schedule of hauling. Based on this plan, the City Engineer shall determine whether pavement condition surveys must be conducted along the proposed haul routes to determine what impacts the trucking activities may have. The project proponents shall be responsible for repairing to their pre-construction condition any roads along the utilized routes.
e) Prior to commencement of any site work that will result in a land disturbance of one acre or more, the applicant shall provide evidence to the City Engineer that the requirements for obtaining a State General Construction Permit have been met. Such evidence may be a copy of the Notice of Intent Letter sent by the State Water Resources Control Board. The WDID Number shall be shown on the grading plan prior to approval by the City Engineer. f) The burying of any construction debris is prohibited on construction sites.

38.NPDES – NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.

Comply with all rules, regulations and procedures of the NPDES for municipal, construction and industrial activities as promulgated by the California State Water Resources Control Board, the Regional Water Quality Control Board (Central Valley – Region IV), including the Stormwater C.3 requirements as detailed in the Guidebook available at www.cccleanwater.org
Compliance shall include developing long-term best management practices (BMP’s) for the reduction or elimination of storm water pollutants. The project 701
Resolution No. XX-26 Page 12 of 19
design shall incorporate, wherever feasible, the following long-term BMP’s in accordance with the Contra Costa Clean Water Program for the site’s storm water drainage.
 Offer pavers for household driveways and/or walkways as an option to buyers.  Minimize the amount of directly connected impervious surface area.  Delineate all storm drains with “No Dumping, Drains to the Delta” permanent metal markers per City Standards.
 Construct concrete driveway weakened plane joints at angles to assist in directing run-off to landscaped/pervious areas prior to entering the street curb and gutter.  Distribute public information items regarding the Clean Water Program to buyers.  Other alternatives as approved by the City Engineer.
 Prepare an Operations and Maintenance Manual for the project’s storm water control measures.

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

39.ROADWAY IMPROVEMENTS. The following improvements shall be installed by the developer as shown on the Tentative Map. Plans for those improvements shall be prepared by a California registered civil engineer, reviewed, and approved by the City, to the satisfaction of the City Engineer.
a) Frontage Improvements. The applicant shall design and construct the frontage Improvements of Sellers Avenue consistent with the City of Oakley Standard Plans and General Plan to accommodate a two lane arterial roadway at build out. Pavement restoration for the full width of existing pavement of Sellers Avenue is required for utility trenches supporting the development of this subdivision to the satisfaction of the City Engineer.
b) Trail Access. Provide trail access to Marsh Creek Regional Trail as recommended by the Traffic Impact Analysis for this project.

40.PARK IMPROVEMENTS. Design and construct the park proposed for Parcel B in this subdivision. The developer shall enter into a reimbursement agreement with the City of Oakley to incorporate the northern parcel APN 033-450-044 in the landscape improvements and overall use of this park.

41.DRAINAGE IMPROVEMENTS.
a) Collect and convey all stormwater entering and /or originating on this property, without diversion and within an adequate storm drainage facility, to an adequate natural watercourse having definable bed and banks, or to an existing 702
Resolution No. XX-26 Page 13 of 19
adequate public storm drainage facility that conveys the storm waters to an adequate natural watercourse.
b) Submit a final hydrology and hydraulic report including 10-year and 100-year frequency event calculations for the proposed drainage system and stormwater basins to the City Engineer for review and approval. The report shall include an analysis of the downstream storm drain facilities to confirm adequate capacity exists to convey post construction flows. The report must include a narrative that describes the project’s proposed overland release for storm water runoff. In the event of a failure of the project’s storm drain system, the overland release path shall convey storm water runoff to a public street right-of-way or drainage channel. In the event of an overland release condition, ponding water depth shall not exceed 12”. All structure finished floor elevations shall be designed to be a minimum of 12 inches above the 100-year storm elevation or at the overland release elevation.
c) Design and construct all storm drainage facilities in compliance with the Municipal Code and City design standards.
d) Prevent storm drainage from draining across the sidewalk(s) and driveway(s) in a concentrated manner.
e) Dedicate a public drainage easement over the drainage system that conveys storm water run-off from public streets.
f) On-site parking area and driveways shall not surface drain across public sidewalk or driveway aprons.
g) Applicant may request to enter a reimbursement agreement with the City of Oakley for partial reimbursement for construction of drainage facilities that benefit adjacent properties that are not in a formed Contra Costa County Drainage Areas.

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

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

44.JOINT TRENCH PLANS. The applicant shall submit Joint Trench Composite Plans to the City for review prior to approval of improvement plans or recordation of the final map. The developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or 703
Resolution No. XX-26 Page 14 of 19
arrangements of junction structures as a part of the improvement Plan submittals for the project. The composite drawings and/or utility improvement plans shall be signed by a licensed civil engineer. The joint trench plans shall include street and/or site lighting and associated photometrics. A letter shall be provided by PG&E stating that public streetlight billing will be per Rule LS2A, and that private lights shall be metered with billing to the owner. Pole numbers, assigned by PG&E, shall be clearly delineated on the plans.

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

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

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

48.FENCING. Any proposed fencing and walls shall be located on private property and maintained by the property owner(s) and/or HOA. The design and placement of walls, fences, and sign features near intersections and driveways shall allow 704
Resolution No. XX-26 Page 15 of 19
stopping site distance per Caltrans standards and comply with the City’s corner sight distance requirements.

49.GATE: Any proposed private gates are to be set be minimum 20’ from all public and private streets, roads, alleys.

50.SOUNDWALL. Soundwalls shall be installed within private property and not within public right of way.

51.MAINTENANCE EXHIBIT. Submit a maintenance exhibit showing the responsible maintenance entity of proposed subdivision improvements. Exhibit must clearly show which areas are to be maintained by the City of Oakley and areas to be maintained by the property owner(s) and/or HOA.

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

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

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

54.DEDICATIONS. The following shall be dedicated on the final map. The dedication shall be recorded before any permits are issued.
a) Sellers Avenue: Dedicate the required right-of-way along the project frontage as shown in the typical sections of the Tentative Map. The roadway dedication shall also be consistent with the Plan Line Study prepared on November 11, 2023.
b) Parcels A, B, and C as identified in the Tentative Map. c) Public Utility Easement (PUE): 5’ PUE as required.
d) Ingress-egress, storm drainage easements, as required. e) Any necessary rights of way, rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, public and private road, utility and drainage improvements shall be furnished to the City.

55.PRIVATE EASEMENTS. Agreements detailing rights, limitations, and responsibilities of involved parties shall accompany each private easement. The 705
Resolution No. XX-26 Page 16 of 19
easements and associated agreements shall be recorded simultaneously with the final map.

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

57.NO BUILD DEED RESTRICTION. The Final Map shall delineate a 10’ NO BUILD area surrounding the existing gas well location described in the November 17, 2025 letter prepared by ENGEO, Inc. The well location shall be surveyed by a Land Surveyor and shown on the Final Map, along with the NO BUILD delineation to the satisfaction of the City Engineer.

58.DRAINAGE FEES. Applicant shall comply with the drainage fee requirements for the designated Drainage Area as adopted by the County Board of Supervisors for Contra Costa County Flood Control District. The applicant shall pay the fee in effect at the time of final map approval. Applicant to contact Contra Costa County Flood Control District for the exact fees amount. Fees are to be collected prior to filing of the Final Map.
a) Based on the meeting between applicant and Contra Costa Flood Control and Water Conservation District regarding fees due for Drainage Area 52D, applicant may request to enter into a reimbursement agreement with the City of Oakley for partial reimbursement for the construction of drainage facilities that benefit adjacent properties that are not within a formed Contra Costa County Drainage Areas.

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

All costs associated with meeting this condition of approval shall be paid for by the applicant. Compliance with this requirement shall be to the satisfaction of the City Engineer and shall be completed prior to final map approval. b) The applicant shall establish a funding mechanism to cover the ongoing financial impact their project has on police services provided in the City. All costs associated with meeting this condition of approval shall be paid for by the applicant. Compliance with this requirement shall be to the satisfaction of the City Engineer and shall be completed prior to final map approval. c) The applicant shall establish a funding mechanism to cover the ongoing financial impact their project has on maintenance and operation services 706
Resolution No. XX-26 Page 17 of 19
associated with public landscaping, parks, streetlighting, and stormwater facilities. All costs associated with meeting this condition of approval shall be paid for by the applicant. Compliance with this requirement shall be to the satisfaction of the City Engineer and shall be completed prior to final map approval.

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

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

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

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

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

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

63.IMPACT FEES. Comply with the requirements of the development impact fees listed below, in addition to those noticed by the City Council in Resolution 85-00 and 08-03. The applicant shall pay the fees in the amounts in effect at the time each building permit is issued.
a) Traffic Impact Fee (authorized by Ordinance No. 14-00, adopted by Resolution 49-03, update Resolution No 91-21);
b) Regional Transportation Development Impact Mitigation Fee or any future alternative regional fee adopted by the City (authorized by Ordinance No. 14- 00, adopted by Resolution No. 73-05);
c) Park Land Dedication In-Lieu Fee (adopted by Ordinance No. 03-03, updated Resolution No. 48-17);
707
Resolution No. XX-26 Page 18 of 19
d) Park Impact Fee (authorized by Ordinance No. 05-00, adopted by Resolution No. 19-03, updated Resolution No. 48-17);
e) Public Facilities Fee (authorized by Ordinance No. 05-00, adopted by Resolution No. 18-03);
f) Fire Facilities Impact Fee (adopted by Resolution No. 24-21); g) General Plan Fee (adopted by Resolution No. 53-03);
h) East Contra Costa County Habitat Conservation Plan Fee (adopted by Ordinance 6-23).

The applicant should contact the City Engineer prior to constructing any public improvements to determine if any of the required improvements are eligible for credits or reimbursements against the applicable traffic benefit fees or from future developments.

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

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

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

C. The applicant shall comply with the requirements of Ironhouse Sanitary District.

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

E. The applicant shall comply with the requirements of the Contra Costa Water District.

F. The applicant shall comply with the requirements of the Contra Costa County Fire Protection District.

G. The applicant shall comply with the requirements of Contra Costa Environmental Health if subject to applicable permits.

H. The applicant shall comply with the requirements of the Building Inspection Division. Building permits are required prior to the construction of most structures.

I. This project may be subject to the requirements of the Department of Fish and Wildlife. It is the applicant’s responsibility to notify the Department of Fish and Wildlife, P.O. Box 47, Yountville, California 94599, of any proposed construction within this development that may affect any fish and wildlife resources, per the Fish and Game Code.
708
Resolution No. XX-26 Page 19 of 19
J. The applicant shall be responsible for paying applicable CEQA filing fees for the County Clerk for the Notice of Determination as well as the State Department of Fish and Wildlife’s Filing Fee.

K. This project may be subject to the requirements of the Army Corps of Engineers. It is the applicant's responsibility to notify the appropriate district of the Corps of Engineers to determine if a permit is required, and if it can be obtained.

BE IT FURTHER RESOLVED THAT, on the basis of the above Findings and the Record, The City Council hereby approves the Tentative Map, and adopting an Initial Study/ Mitigated Negative Declaration and Mitigation Monitoring Program as shown in Exhibit “A” to this Resolution.

PASSED AND ADOPTED by the City Council of the City of Oakley this 28th day of April 2026 by the following vote.

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:

Hugh Henderson, Mayor
ATTEST:

Kim Snodgrass, City Clerk Date
709
Stonecreek Subdivision 9647 1
Mitigation Monitoring Program February 2026
Stonecreek Subdivision 9647
– February 2026
The California Environmental Quality Act (CEQA) and CEQA Guidelines require Lead Agencies to adopt a program for monitoring the mitigation measures required to avoid significant environmental impacts of a project. The Mitigation Monitoring Program ensures that mitigation measures imposed by the City are completed at the appropriate time in the development process.

The mitigation measures identified in the Stonecreek Subdivision 9647 Initial Study/Mitigated Negative Declaration are listed below along with the party responsible for implementation of the mitigation measure, the party responsible for monitoring implementation of the mitigation measure, the milestones for implementation and monitoring, and a sign off that the mitigation measure has been implemented.

EXHIBIT A
710
Stonecreek Subdivision 9647 2
Mitigation Monitoring Program February 2026

MITIGATION MONITORING PROGRAM
Stonecreek Subdivision 9647
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Signoff
Cultural Resources
V(b,c). Would the project:

Cause a substantial adverse change in
the significance of a unique
archaeological resource pursuant to
Section 15064.5?
Disturb any human remains, including
those interred outside of dedicated
cemeteries.

V-1. If buried archaeological, paleontological, and/or
cultural resources are encountered during site
grading or other site work, all such work shall be
halted immediately within 100 feet of the
discovery and the developer shall immediately
notify the City of Oakley Planning and Zoning
Division of the discovery. In such case, the
developer shall be required, at their own
expense, to retain the services of a qualified
archaeologist for the purpose of recording,
protecting, or curating the discovery, as
appropriate. The archaeologist shall be required
to submit to the City of Oakley Planning and
Zoning Division for review and approval a report
of the findings and method of curation or
protection of the resources. Further grading or
site work within the area of discovery would not
be allowed until the preceding work has occurred.

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

V-2. Pursuant to State Health and Safety Code
Section 7050.5 (c) State Public Resources Code
Section 5097.98, if human bone or bone of
unknown origin is found during construction, all
work shall stop within 100 feet of the find and the
Contra Costa County Coroner shall be contacted
immediately. If the remains are determined to be
Native American, the Coroner shall notify the
Native American Heritage Commission, who shall
notify the person believed to be the most likely
descendant. The most likely descendant shall
work with the contractor to develop a program for
City of Oakley
Planning and
Zoning Division
City of Oakley
Planning and
Zoning Division
Contra Costa
County
Coroner
Native
American
Heritage
Commission
If buried
archaeological,
paleontological,
and/or cultural
resources are
encountered during
site grading or
other site work
If human bone or
bone of unknown
origin is found
during construction

EXHIBIT A
711
Stonecreek Subdivision 9647 3
Mitigation Monitoring Program February 2026

MITIGATION MONITORING PROGRAM
Stonecreek Subdivision 9647
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Signoff
re-internment of the human remains and any
associated artifacts. Additional work is not to take
place within 100 feet of the find until the identified
appropriate actions have been implemented.

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

Geology and Soils
VII(aiii,aiv,c) Would the project:

Be located on a geologic unit or soil that
is unstable, or that would become
unstable as a result of the project, and
potentially result in on- or off-site
landslide, lateral spreading,
subsidence, liquefaction or collapse?
VII-1. Prior to approval of any building permits, the
project Civil Engineer shall show on the project
plans that the project design adheres to all
engineering recommendations provided in the
site-specific Geotechnical Exploration prepared
for the Bacchini Residential Project by ENGEO,
Inc. pursuant to Oakley Municipal Code Section

6.9.702 in April 2005. Proof of compliance with all
recommendations specified in the Geotechnical
Exploration shall be subject to review and
approval by the City Engineer.

City Engineer Prior to approval of
any building
permits
VII(f). Would the project:

Directly or indirectly destroy a unique
paleontological resource or site or
unique geologic feature?
VII-2. Implement Mitigation Measures V-1 and V-2. See Mitigation Measures V-1
and V-2
See Mitigation
Measures V-1 and
V-2
Greenhouse Gas Emissions
VIII(a,b). Would the project:

Generate greenhouse gas emissions,
either directly or indirectly, that may
have a significant impact on the
environment?
Conflict with an applicable plan, policy
or regulation adopted for the purpose of
VIII-1. Consistent with the BAAQMD’s thresholds of
significance, prior to issuance of building permits
for the proposed project, the project applicant
shall demonstrate via project design and/or
notation included on project design that natural
gas infrastructure shall be prohibited. Natural gas
infrastructure may be allowed if the applicant
implements alternative methods that reduce the
project’s greenhouse gas emissions in an equally
City of Oakley
Planning and
Zoning Division
Prior to issuance of
building permits

EXHIBIT A
712
Stonecreek Subdivision 9647 4
Mitigation Monitoring Program February 2026

MITIGATION MONITORING PROGRAM
Stonecreek Subdivision 9647
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Signoff
reducing the emissions of greenhouse
gasses?
effective or superior manner as would exist
without natural gas emission infrastructure.

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

Noise
XIII(a). Would the project result in:

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

Equipment engine shrouds shall be
closed during equipment operation.
• When not in use, motorized construction
equipment shall not be left idling for more
than five minutes.
• Stationary equipment (power generators,
compressors, etc.) shall be located at the
furthest practical distance from nearby
noise-sensitive land uses or sufficiently
shielded to reduce noise-related impacts.

City of Oakley
Planning and
Zoning Division
Prior to approval of
grading permits

EXHIBIT A
713
Stonecreek Subdivision 9647 5
Mitigation Monitoring Program February 2026

MITIGATION MONITORING PROGRAM
Stonecreek Subdivision 9647
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Signoff
XIII(b). Would the project result in:

Generation of excessive groundborne
vibration or groundborne noise levels?
XIII-2. Throughout the duration of construction, any
compaction required within 26 feet from the
adjacent residential structures to the north shall
be accomplished by using static drum rollers,
which use weight instead of vibrations to achieve
soil compaction. As an alternative to this
requirement, preconstruction crack
documentation and construction vibration
monitoring could be conducted to ensure that
construction vibrations do not cause damage to
any adjacent structures. Proof of compliance with
this measure shall be submitted to the City of
Oakley Planning and Zoning Division for review
and approval.

City of Oakley
Planning and
Zoning Division
Throughout the
duration of
construction
Transportation
XVII(b). Would the project:

Conflict or be inconsistent with CEQA
Guidelines section 15064.3, subdivision
(b)?
XVII-1. Prior to commencement of project construction
activities, the project applicant shall implement
the following feasible mitigation measures to
accomplish a minimum 4.3 percent VMT
reduction. The following measures are sourced
from the California Air Pollution Control Officers
Association (CAPCOA) 2010 Handbook for
Quantifying Greenhouse Gas Mitigation
Measures. Proof of compliance shall be
submitted to the City of Oakley Planning and
Zoning Division.

1. Provide Class II bicycle racks for
guests within the proposed park area
(Parcel B). The VMT reduction
achievable with this strategy ranges
between one and four percent.

2. Based on available space, provide
one to two Class I secure bicycle
parking space(s) in the garage of each
proposed residence, consistent with
CAPCOA Measure T-33. The VMT
City of Oakley
Planning and
Zoning Division
Prior to
commencement of
project
construction
activities

EXHIBIT A
714
Stonecreek Subdivision 9647 6
Mitigation Monitoring Program February 2026

MITIGATION MONITORING PROGRAM
Stonecreek Subdivision 9647
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Signoff
reduction achievable with this strategy
ranges from two to five percent.

3. Consistent with CAPCOA Measures
TRT-1 and T-6, prepare a new
resident trip reduction welcome
packet with a commuter resource flier
and information links (including transit
schedules, bike maps, and 511
Contra Costa resources) to introduce
new residents to local sustainable
transportation initiatives. The VMT
reduction achievable with this strategy
ranges from one to 1.5 percent.

Tribal Cultural Resources
XVIII(a,b). Would the project cause:

A substantial adverse change in the
significance of a tribal cultural resource,
defined in Public Resources Code
section 21074 as either a site, feature,
place, cultural landscape that is
geographically defined in terms of the
size and scope of the landscape, sacred
place, or object with cultural value to a
California Native American Tribe, and
that is: Listed or eligible for listing in the
California Register of Historical
Resources, or in a local register of
historical resources as defined in Public
Resources Code section 5020.1(k).

A resource determined by the lead
agency, in its discretion and supported
by substantial evidence, to be significant
pursuant to criteria set forth in
subdivision (c) of Public Resources
Code Section 5024.1. In applying the
XVIII-1. Implement Mitigation Measures V-1 and V-2. See Mitigation Measures V-1
and V-2
See Mitigation
Measures V-1 and
V-2

EXHIBIT A
715
Stonecreek Subdivision 9647 7
Mitigation Monitoring Program February 2026

MITIGATION MONITORING PROGRAM
Stonecreek Subdivision 9647
Impact
Number Impact Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Signoff
criteria set forth in subdivision (c) of
Public Resources Code Section 5024.1,
the lead agency shall consider the
significance of the resource to a
California Native American tribe.

EXHIBIT A
716

STAFF REPORT

CITY HALL | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
DATE: April 28, 2026
TO: Joshua McMurray, City Manager
FROM: Jose Cortez, Senior Planner
SUBJECT: Zoning Text Amendments (Accessory Dwelling Units) – Adopt an Ordinance Amending Oakley Municipal Code Section 9.1.1102 (Accessory Dwelling Units)
Summary
The City of Oakley is initiating a Rezoning application (RZ 2026-001) to repeal certain sections of the Oakley Municipal Code Section 9.1.1102 “Accessory Dwelling Units” which consists of Oakley’s local regulations related to ADUs and replace with adoption of the States ADU law by reference (Government Code Sections 66310-66342). The purpose of this amendment is to ensure the City’s ordinance is always up to date and in compliance with State law, which has continuously been updated, while also maintaining some of Oakley’s existing ADU regulations not superseded by state law. This amendment will also direct potential applicants to the most up to date State regulations providing them with accurate ADU tools and regulations. (“Project”)
Background
As California continues to enact legislation to increase housing production and streamline local land use regulations, cities are required to make corresponding updates to their General Plans and zoning ordinances to remain in compliance. In response to this evolving legal landscape, the proposed amendments demonstrate the City’s ongoing efforts to align with state law while ensuring clarity and consistency in local regulations.

During the 2025 California legislative session and in prior years, several bills were signed into law to address ADU Size; Number of ADUs; Impact Fees; and Permitting Timelines.

Section 9.1.1102 of the OMC was originally adopted on February 14, 2017, with updates made to the code section on May 12, 2020. While the City has implemented updated state laws on ADUs, since 2020, several updates have been made to State ADU laws that have not been codified in the OMC. The following is a summary of updates to State ADU law since the OMC was updated in 2020.

Updates to the ADU Handbook (2025)
• Clarifies that ADU Law prohibits deed restrictions on ADUs. A deed restriction would be an “additional standard” and thus cannot be imposed on ADUs (Gov.

Code, § 66315).

Approved and
Forwarded to the
City Council
717

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
• Clarifies that homeowners’ associations (HOAs), as a third party, cannot influence the approval of an application to create an ADU. Third party reviews by an HOA or their representatives or agents would violate State ADU Law. (Gov. Code, § 66315.) No other local ordinances, policies, or regulations may be applied in the approval or denial of an ADU or junior ADU (JADU) permit application (Gov. Code, § 66317, subd. (c)).
• Clarifies that local agencies may not require parking as a condition to permitting a JADU, even when the JADU is converted from an attached garage (Gov. Code, § 66334, subd. (a)).

Changes to ADU Law in 2024:
• SB 477 (Chapter 7, Statutes of 2024) made changes to the numbering of the sections of the Government Code for State ADU and JADU Laws. • Prohibits a local agency from denying a permit for an unpermitted ADU or JADU that was constructed before January 1, 2020, for building code violations, unless the local agency makes a finding that correcting the violation is necessary to comply with conditions that would otherwise deem a building substandard (Gov.

Code, § 66332, subds. (a)-(c)).
• Defines “livable space” as a space in a dwelling intended for human habitation, as the term appears in Government Code sections 66313, subdivision (e), and 66323, subdivision (a)(3)(A).
• Provides that uncovered, off-street parking spaces demolished in conjunction with the construction of an ADU do not need to be replaced (Gov. Code, § 66314, subd. (d)(11)).
• Changes the allowable number of detached ADUs on a lot with an existing multifamily dwelling to eight detached ADUs, provided that the number of ADUs does not exceed the number of existing units on the lot (Gov. Code, § 66323, subd. (a)(4)(A)(ii)).
• Prohibits a local agency from imposing any objective development standards on 66323 Units that are not authorized by the provisions of Government Code section 66323, subdivision (a) (Gov. Code, § 66323, subd. (b)).

Changes to ADU Law in 2023:
• Sunsets a former prohibition on a local agency imposing an owner occupancy requirement on any ADU and instead prohibits a local agency from requiring owner occupancy for an ADU (Gov. Code, § 66315).
• Allows a local agency to adopt a local ordinance to allow the separate conveyance of the primary dwelling unit and ADU(s) as condominiums, subject to certain conditions (Gov. Code, §§ 66340-66342).

Changes to ADU Law in 2021:
• Allows local agencies to permit the separate conveyance of ADUs from the primary dwelling under Government Code section 66341 in certain circumstances. 718

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 3
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
While these changes have not been codified in the OMC, staff has continually applied current state ADU law when reviewing building permit requests for ADUs.

In addition to bringing the OMC in compliance with state law, the proposed Zoning Text Amendments will also help fulfill a key Policy Action within the City’s Housing Element.

The Housing Element is one of seven mandatory components of every city’s General Plan and serves as a locally adopted blueprint for addressing current and future housing needs through goals, policies, and programs. State law requires jurisdictions to update their Housing Element every eight years and obtain certification from the California Department of Housing and Community Development (HCD).

The City of Oakley adopted its 6th Cycle Housing Element (2023–2031) on May 9, 2023, and received HCD certification on May 24, 2023. Since adoption, the City has worked to implement the goals and policy actions outlined in Chapter 8, “Housing Plan.” This plan identifies strategies to meet statutory requirements and address housing needs based on an assessment of existing conditions, future projections, and program performance. The Housing Element establishes three overarching goals:

1. Production of New Housing

2. Preservation and Conservation of the Existing Housing Stock

3. Increase Access to Housing Opportunities
For each goal, the City developed a set of policy actions to carry out the goal. Policy actions specify objectives, primary responsibility, and an estimated timeframe for accomplishment. Compliance with Policy Action 1.4 requires staff to monitor changes in state law and update the OMC to maintain compliance with state law and in conformance with the Housing Element Actions.

Proposed Zoning Text Amendments
ADOPTION OF STATE ADU LAW BY REFERENCE (Government Code Sections 66310-66342)
Staff proposes to repeal sections of the Oakley Municipal Code Section 9.1.1102 “Accessory Dwelling Units” which consists of Oakley’s local regulations related to ADUs and replace with adoption of the State’s ADU law by reference (Government Code Sections 66310-66342). The draft ordinance also acknowledges future State law amendments may occur.

With adoption of this ordinance, in future years as legislature continues to amend and/or refine State ADU law, the Oakley Municipal Code would remain consistent with state law; 719

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 4
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
zoning text amendments for ADUs would not be necessary. In addition, by referencing state law, City staff will find it easier to process ADU permit requests and communicate relevant regulations to applicants, the public, and appointed/elected officials.

ADDITIONAL LANGUAGE CURRENTLY CODIFIED
Furthermore, while not required by the legislative changes, the OMC currently has regulations that will carry over into the new ADU Ordinance. Listed below is a summary of the proposed carry-over language.

Development Standards
State ADU laws allow Cities to apply objective development and design standards that include, but are not limited to, height, setback, landscape, and maximum size of a unit.

The standards must be objective and allow for a ministerial review of the ADU. The standards City of Oakley has chosen to keep language related to ADU size, limiting the maximum size of one thousand two hundred (1,200) square feet for units on estate lots (zoned P-1, R-15, R-20, R-40 or AL and at least fifteen thousand (15,000) square feet in size). ADUs located in other zoning districts where they are permitted will comply with ADU state law. In addition to size limitations in compliance with ADU state law, standards for garage size limitation are carried over in the new ordinance.

Occupancy
In addition to size limitations, one occupancy requirement will be kept, requiring that ADU/JADUs be rented for no less than thirty (30) days, essentially not allowing for them to become short term rentals.

PLANNING COMMISSION PUBLIC HEARING
On February 3, 2026, a public hearing on the ADU Zoning Text Amendments was held by the Planning Commission at their regularly scheduled meeting. City Staff presented the staff report after which the Planning Commission asked clarifying questions related to a public comment letter received by staff on the day of the public hearing. Staff stated that they would work with the City Attorney to address the public comment letter.

After deliberations, the Planning Commission adopted Resolution No. 4-26 recommending the City Council adopt the resolution approving the ADU Zoning Text Amendments (RZ 2026-001).

California Environmental Quality Act (“CEQA”)
The proposed ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption in that the proposed ordinance would only establish and clarify administrative processes and would not facilitate new construction or other groundbreaking activities. There is no potential to result in either a direct physical change to the environment or a reasonably 720

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 5
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
foreseeable indirect physical change to the environment. None of the circumstances described in CEQA Guidelines Section 15300.2 applies.

Consistency with the Oakley Strategic Plan 27+
Approval of this application would be consistent with the Oakley Strategic Plan 27+ Community and Economic Development Goal to inspire and encourage Community and Economic Development through Strategic and thoughtful growth, a business-friendly environment, and local employment opportunities.

Fiscal Impact
Costs associated with amending the Zoning Code on City-initiated projects, including staff time associated with this zoning text amendment, are funded through the City’s General Fund. Adopting State law by reference may reduce future costs associated with monitoring and updating the Ordinance.

Staff Recommendation
Staff recommends the City Council introduce the proposed Ordinance amending the Oakley Municipal Code repealing sections of OMC Section 9.1.1102, and replace with adoption of the States ADU law by reference (Government Code Sections 66310-66342), and finding the action exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3).

Attachments

1. Notice of Public Hearing

2. Planning Commission Resolution No. 4-26

3. Proposed Ordinance
721

NOTICE OF PUBLIC HEARING
Notice is hereby given that on April 28, 2026 at 6:30 p.m., or as soon thereafter as the matter may be heard, the City Council of the City of Oakley will hold a Public Hearing at the Council Chambers located at 3231 Main Street, Oakley, CA 94561 for the purposes of considering an application as described below:

Project Name: Zoning Text Amendments (RZ 2026-001) – Adoption of State of California Accessory Dwelling Unit (ADU) Law Government Code Sections 66310-66342 and Repeal Certain Sections of Oakley Municipal Code (OMC) Section 9.1.1102 Accessory Dwelling Units.

Project Location: Citywide
Applicant: City of Oakley, 3231 Main Street, Oakley, CA 94561 Request: The City of Oakley is initiating a Rezoning application (RZ 2026-001) to repeal certain sections of the Oakley Municipal Code Section 9.1.1102 “Accessory Dwelling Units” which consists of Oakley’s local regulations related to ADUs and replace with adoption of the States ADU law by reference (Government Code Sections 66310-66342). The purpose of this amendment is to ensure the City’s ordinance is always up to date and in compliance with State law, which has continuously been updated, while also maintaining some of Oakley’s existing ADU regulations not superseded by state law. This amendment will also direct potential applicants to the most up to date State regulations providing them with accurate ADU tools and regulations (“Project”).

How to Review: The Staff Report and its attachments will be available for public review, on or before April 23, 2026 at City Hall, 3231 Main Street, Oakley, CA 94561 or online at https://www.oakleyca.gov/129/Agendas-Minutes by navigating to the April 28, 2026 City Council agenda and clicking the project title link. Interested persons are invited to submit written comments prior to and may testify at the public hearing. Written comments may be submitted to Jose Cortez, Senior Planner at the City of Oakley, 3231 Main Street, Oakley, CA 94561 or by email to [email protected].

NOTICE IS ALSO GIVEN pursuant to Government Code Section 65009(b) that, if this matter is subsequently challenged in Court by you or others, you may be limited to raising only those issues you or someone else has raised at a Public Hearing described in this notice or in written correspondence delivered to the City of Oakley City Clerk at, or prior to, the Public Hearing. 722
723
724
725
726
727
728
729
730
731
Ordinance No. XX-26 1 of 6
ORDINANCE NO. XX-26

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY AMENDING

OAKLEY MUNICIPAL CODE TO REPEAL SECTIONS OF THE OAKLEY MUNICIPAL CODE SECTION 9.1.1102, AND REPLACE WITH ADOPTION OF THE STATE’S ADU LAW BY REFERENCE (GOVERNMENT CODE SECTIONS 66310-66342), AND

FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA)
WHEREAS, this is a City-initiated application requesting approval of a Rezoning (RZ 2026-001) consisting of zoning text amendments to repeal certain sections of the Oakley Municipal Code Section 9.1.1102 “Accessory Dwelling Units” which consists of Oakley’s local regulations related to ADUs and replace with adoption of the States ADU law by reference (Government Code Sections 66310-66342) (“Project”); and WHEREAS, on February 14, 2017, the City Council of the City of Oakley adopted Ordinance No. 01-17 amending title 9.1 (Land Use Regulations and Zoning) 9.1.406(b) and 9.1.1102 of the Oakley Municipal Code to comply with legislature changes to State ADU law; and
WHEREAS, on May 12, 2020, the City Council of the City of Oakley adopted Ordinance No. 07-20 amending Section 9.1.1102 of the Oakley Municipal Code to comply with subsequent legislature changes to State ADU law; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2025, the California Legislature approved, and the Governor signed into law, further amendments to state ADU law; and
WHEREAS, for the City’s ADU ordinance to remain valid, it must be amended to reflect the most recent changes to state law; and
WHEREAS, on or before January 24, 2026, the Notice of Public Hearing for the Project was duly noticed in the East Bay Times, a newspaper of general distribution, was posted at Oakley City Hall located at 3231 Main Street, outside the gym at Delta Vista Middle School located at 4901 Frank Hengel Way, outside the library at Freedom High School located at 1050 Neroly Road, and was mailed out to outside agencies and to parties requesting such notice; and
732
Ordinance No. XX-26 2 of 6
WHEREAS, on February 3, 2026, the Planning Commission held a duly noticed public hearing to consider the proposed Rezone (RZ 2026-001), received the staff report and staff presentation, received comments from the public and interested parties, and discussed the matter. Following the public hearing, the Planning Commission adopted Planning Commission Resolution No. 4-26 recommending the City Council adopt the proposed Ordinance; and
WHEREAS, on or before April 17, 2026 the Notice of Public Hearing for the Project was duly noticed in the East Bay Times, a newspaper of general distribution, was posted at Oakley City Hall located at 3231 Main Street, outside the gym at Delta Vista Middle School located at 4901 Frank Hengel Way, outside the library at Freedom High School located at 1050 Neroly Road, and was mailed out to outside agencies and to parties requesting such notice; and
WHEREAS, on April 28, 2026 the City Council held a duly noticed public hearing to consider the proposed Ordinance related to the Zoning Text Amendments amending the Oakley Municipal Code to repeal sections of OMC Section 9.1.1102, and replace with adoption of the States ADU law by reference (Government Code Sections 66310-66342) , received the staff report and staff presentation, received comments from the public and interested parties, considered the recommendation of the Planning Commission and discussed the matter; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLEY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.

SECTION 2. Additional Findings.

A. Repealing certain sections of the Oakley Municipal Code Section 9.1.1102 “Accessory Dwelling Units” which consists of Oakley’s local regulations related to ADUs and replace with adoption of the States ADU law by reference (Government Code Sections 66310-66342) would ensure that in future years as legislature continues to amend and/or refine State ADU law, the Oakley Municipal Code would remain consistent with state law; zoning text amendments for ADUs would not be necessary.

B. Repealing certain sections of the Oakley Municipal Code Section 9.1.1102 “Accessory Dwelling Units” which consists of Oakley’s local regulations related to ADUs and replace with adoption of the States ADU law by reference would be consistent with the Housing Element of Oakley’s General Plan, would result in the removal of government constraints, and staff would be able to communicate relevant regulations to applicants, the public, and appointed/elected officials. 733
Ordinance No. XX-26 3 of 6
C. Consistency with the Housing Element is through direct implementation of Action

1.4 titled “Promote Accessory Dwelling Units” found in Chapter 8 (Housing Plan) of the Housing Element. Action 1.4 includes a goal that requires the City to monitor State law and revise the ADU Ordinance when required by any future revisions to State ADU law.

D. The City Council finds the proposed ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption in that the proposed ordinance would only establish and clarify administrative processes and would not facilitate new construction or other groundbreaking activities. There is no potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment. None of the circumstances described in CEQA Guidelines Section 15300.2 applies.

SECTION 3. Section 9.1.1102 of the Oakley Municipal Code titled, “Accessory Dwelling Units” is hereby amended and adopted in its entirety, as follows:
“9.1.1102 Accessory Dwelling Units (ADU).
a. Purpose and Intent. The California Legislature has declared that Accessory Dwelling Units are a valuable and essential component of California’s housing supply. The purpose of this section is to increase the supply of smaller dwelling units and rental housing units by allowing accessory dwelling units and junior accessory dwelling units to be developed in compliance with Chapter 13 of Title 7 of the California Government Code (Government Code Sections 66310-66342). b. Applicability.
1) General. All proposed Accessory Dwelling Units that qualify under California Government Code Sections 66310-66342.
2) Compliance. The applicant shall comply with all requirements stated in California Government Code Sections 66310-66342, any amendments thereto shall prevail over any conflicting provisions of this code, and additional standards applicable to the City of Oakley.
3) Interpretation. The provisions of this section shall be interpreted to implement and be consistent with the requirements of California Government Code Sections 66310-66342. Any changes to California Government Code Sections 66310-66342 shall be deemed to supersede and govern over any conflicting provisions contained herein. If any portion of this Section conflicts with Government Code Sections 66310-66342 or other applicable State law, State law shall supersede this Section. Any 734
Ordinance No. XX-26 4 of 6
ambiguities in this Section shall be interpreted to be consistent with State ADU law (Government Code Sections 66310-66342).
c. Standards Applicable to City of Oakley.
1) Accessory Dwelling Unit Size. For ADUs not otherwise regulated under Government Code Section 66323, the following size regulations shall apply:
a) A detached accessory dwelling unit may not exceed the following size:
i. Eight hundred fifty (850) square feet in compliance with (Gov.

Code, §§ 66314, subd. (d)(5); 66321, subd. (a)(3) when the detached accessory dwelling unit is proposed to result in fifty percent (50%) or greater total lot coverage when combined with all existing and proposed on-site structures.
ii. Eight hundred fifty (850) square feet for units with only one bedroom.
iii. One thousand (1,000) square feet for units with more than one bedroom.
iv. One thousand two hundred (1,200) square feet for units that have more than one bedroom and are located on estates lots (zoned P-1, R-15, R-20, R-40 or AL and at least fifteen thousand (15,000) square feet in size).
b) An attached accessory dwelling unit may not exceed the smaller of the following sizes:
i. The size limitations specified in subsection (c)(1)(a) of this section for detached accessory dwelling units.
ii. Fifty percent (50%) of the living area of an existing primary dwelling unit.
iii. Eight hundred fifty (850) square feet.
iv. One thousand (1,000) square feet for ADUs with more than one bedroom.
2) Garage Attached to a Detached Accessory Dwelling Unit. If a garage is attached to a detached accessory dwelling unit, the garage may not exceed the following sizes:
735
Ordinance No. XX-26 5 of 6
a) Up to two hundred twenty-five (225) square feet on a lot in any zoning district where an accessory dwelling unit is permitted. b) Up to four hundred fifty (450) square feet on estates lots (zoned R15, R-20, R-40 or AL and at least fifteen thousand (15,000) square feet in size) where an accessory dwelling unit is allowed. 3) Occupancy. No Accessory Dwelling Unit or Junior Accessory Dwelling Unit may be rented or offered for rent for a term of less than thirty consecutive (30) days.”
SECTION 4. California Environmental Quality Act (CEQA).

This project is exempt from environmental analysis under the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that the proposed amendments will not have a significant effect on the environment.

SECTION 5. Effective Date and Posting.

This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk shall cause the ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation, or by publishing a summary of the proposed ordinance, posting a certified copy of the proposed ordinance in the City Clerk’s Office at least five (5) days prior to the City Council meeting at which the ordinance is to be adopted, and within fifteen (15) days after its adoption, publishing a summary of the ordinance with the names of the Council Members voting for and against the ordinance.
736
Ordinance No. XX-26 6 of 6
PASSED AND ADOPTED by the City Council of the City of Oakley this ___ day of ___________ 2026 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:

Hugh Henderson, Mayor
ATTEST:

Kim Snodgrass, City Clerk Date
I HEREBY CERTIFY that in accordance with Government Code Section 40806, this ordinance is a true and correct copy of a city ordinance. It has been published or posted pursuant to law.
_______________________________
Kim Snodgrass, CMC
City Clerk
737

STAFF REPORT
1 City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
DATE: April 28, 2026
TO: Joshua McMurray, City Manager
FROM: Paul Beard, Chief of Police
SUBJECT: Annual Report of Military Equipment Usage- 2025 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 14, 2026 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
738

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
Fiscal Impact
The total fiscal impact, during 2025, on the City of Oakley to purchase military equipment, and supportive items is as follows:
 DJI Matice 30T drone w/support package $17,570
 15,000 rounds .223/5.56mm 55 gr. ammunition $7,110
 2,000 rounds of .223/5.56mm 64 grain ammunition $814
o TOTAL $25,494
Staff Recommendation
The Oakley City Council should provide comments and input to staff on the 2025 Annual Military Equipment Report.

Attachments

1. Oakley Police Department 2025 Annual Military Equipment Report

2. Oakley Police Department Policies regarding Military Equipment 739

OAKLEY POLICE

DEPARTMENT

2025 ANNUAL

MILITARY

EQUIPMENT
REPORT

CHIEF PAUL BEARD

740
1 TABLE OF CONTENTS
Introduction 2
Definitions 3
Summary of Military Equipment 5
Current Inventory of Specialized Firearms and Ammunition 7 (rifles, 40mm launchers, related ammunition)
Unmanned Aerial Vehicles 9
2025 Military Equipment Purchase & Training Use 11
2025 Military Equipment Utilization 12
Community Concerns and Complaints 13
Internal Military Equipment Inventory & Audit 14
Projected Military Equipment Acquisition (2025) 15
Anticipated “retirement” of Military Equipment 17
Conclusion 17
741
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 requesting, seeking funding, acquiring, or using military equipment. Assembly Bill 481 allows the governing body to approve the policy within its jurisdiction 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 continue the Ordinance and Policy, take action (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, certified instructional 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, 2025 through December 31, 2025. The Oakley Police Department will submit its Military Equipment Annual Report to City Council after December 31st of every year in compliance with AB 481. 742
3 DEFINITIONS
Definitions of Military Equipment established by California Government Code §7070. The Oakley Police Department utilizes 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 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 or 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  ^^^This section relates to our patrol rifles^^^
 Any firearm or firearm accessory that is designed to launch explosive projectiles  Noise-flash diversionary devices and explosive breaching tools 743
4  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 (e.g. 40MM launcher, bean bag shotgun, foam tipped projectiles)
 Any other equipment as determined by a governing body or a state agency to require additional oversight.
744
5 SUMMARY OF OAKLEY POLICE MILITARY

EQUIPMENT
Overview:

In regard 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 Ammunition
Authorized Use:

Only members that are POST certified 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 tactical and higher risk situations.

The use of rifles is considered deadly force.
40mm launchers can fire several forms of less lethal munitions. The Oakley Police Department only uses the Defense Technologies Exact Impact, kinetic energy round. The Defense Technologies Exact Impact, kinetic energy round is a high speed, lightweight projectile consisting of a plastic 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 section, all officers must be certified by POST instructors in the maintenance and operation of such firearms.
745
6 Legal and Procedural Rules:

Use of specialized firearms and ammunition is established under Oakley Police policies #300, #303, #306, and #707. It is the policy of this Department to utilize specialized firearms only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.
746
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 sighting 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 projectiles.

LAUNCHER TYPE QUANTITY COST

LEWIS, MACHINE
& TOOL CO.

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

DEFENSE

TECHNOLOGIES
Multiple round
capacity
2 $4,200 ($2,100
ea.)
Ammunition

BRAND CALIBER TYPE QUANTITY COST
Winchester 5.56x45mm 55 gr. FMJ 26,000 $13,200
Winchester 5.56x45mm 64 gr. SP 9,000 $6,396
Defense
Technologies
40mm Exact Impact
Kinetic Energy
Munition
27 $620
747
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 ammunition- No expiration Winchester 223 Remington 64 grain SP ammunition – No expiration Defense Technology 40mm Direct Impact Kinetic Munition- 5 years Fiscal Impact:

Annual maintenance is approximately $50 for each rifle. 748
9 Unmanned Aerial Vehicles
Description, quantity, capabilities, and purchase cost:

The Unmanned Aerial Vehicle (UAV) is a battery powered, remote operated flying device capable of live feeding, and recording, video and audio files. Flight time of approximately 30-45 minutes per battery, depending on weather and flight conditions. Flight time can be extended to a large degree with a tethering system that supplies power to the UAV.

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 2 Years 5 Years $5,748
DJI Mavic Mini
3 Pro
2 2 Years 5 Years $1,818
($909 ea.)
DJI Matice 30T 1 1 year 5 years $17,570
Purpose:

To be deployed when its technologically assisted view would aid officers or incident commanders with the following situations, which include but are not limited to:
 Major collision investigations
 Emergency Life Threatening Situations
 Search for missing persons
 Natural disaster management
 Crime scene photography
 SWAT, tactical or other public safety and life preservation missions  In response to specific requests from local, state or federal fire authorities for fire response and/or prevention.
749
10 Authorized Use:

Only assigned operators who have completed the required training shall be permitted 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 Aviation Administration for UAV operation. The goal is for UAV operators to train regularly in the use of the UAV’s.

Legal and Procedural Rules:

Use is established under the FAA Regulation 14 CFR Part 107. 750
11 Equipment Purchase and Training Use
2025 Purchases
Military
Equipment
Quantity Cost Date of Purchase
Winchester .223
caliber 55 gr. FMJ
ammunition
15,000 rounds $7,110 2/11/25
Winchester .223
caliber 64 gr. JSP
ammunition
2,000 $814 2/11/25
DJI Matrice 30T
drone with
complete support
package
1 $17,570 5/19/25
2025 Training/ Military Equipment Utilized
Training Military
Equipment
Quantity Date
Drone training Drones 2 hours January 22, 2025
Drone training Drones 2 hours May 7, 2025
Rifle training Rifles 2 hours
1,125 rounds
May 29, 2025
Rifle training Rifles 2 hours
1,125 rounds
May 30, 2025
Drone training Drones 2 hours June 18, 2025
Drone training Drones 2 hours July 9, 2025
Rifle training Rifles 2 hours
1,125 rounds
August 28, 2025
Rifle training Rifles 2 hours
1,125 rounds
August 29, 2025
Drone training Drones 2 hours Sept. 17, 2025
Drone training Drones 2 hours Nov. 15, 2025
751
12 2025 Military Equipment Utilization

DATE MILITARY EQUIPMENT INCIDENT
January 1, 2025 Drone Suicidal subject with firearm on
Big Break Regional Trail, subject
located.

January 10, 2025 Drone Subject casing possibly trying to break into cars. Subject not
located.

January 13, 2025 Drone Outside assist for trespass in
Bethel Island. No subjects
located.

January 25, 2025 Drone Homeless camp search for
stolen vehicle. Vehicle not
located.

February 20, 2025 Drone Felony Warrant arrest subject
located on Golden State
Parkway.

March 26, 2025 Drone Search warrant of robbery
suspect residence Golden Hills
Ct in Antioch.

May 5, 2025 Drone Outside assist for Brentwood PD
fatal traffic collision. Mapping
and photos.

June 28, 2025 Drone Overwatch and security for
Summerfest
July 28, 2025 Drone Brandishing suspect located and
arrested on La Brea Way.

August 27, 2025 Drone Shooting on Trenton St. Crime
scene photos.

December 4, 2025 Drone Brandishing of a firearm on
Vella Cr. No suspects located.

December 4, 2025 Drone Overwatch and security for Tree
Lighting Ceremony
752
13 Community Concerns and Complaints
In some instances, the possession and use of military equipment may cause questions and/or concerns for members of the community. It is vitally important that community members’ questions and/or complaints regarding Oakley Police Department’s possession and use of military equipment are addressed.

The Oakley Police Department is committed to full and fair investigations of community complaints. As such, the Department has sound internal procedures for thorough and impartial investigations of community complaints. Resolving complaints in a fair, impartial, and expeditious 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 tipline- [email protected], in-person at the police department or in the field during police contacts, telephone, emails and social media. 2025 Community Concerns, Complaints & PD Internal Investigations Related to Military Equipment Use
Community Concerns Complaints PD Internal
Investigations
0 0 0
753
14 Internal Inventory & Audit of Military Equipment
Per Oakley Police Department policy 707.3 (c) the Department’s military equipment coordinator, designated as the Operations 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 March 18, 2026 by the Operations Division Commander and staff.

This audit focused on the use of military equipment during critical 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.
754
15 Projected Military Equipment Acquisition (2025)
For 2025 (January- December), the Oakley Police Department projects the purchase of additional Military Equipment, consisting of SIG 516 (AR-15 style), or Mil-Spec equivalent semi-automatic rifles and .223/5.56x45mm ammunition.

The Oakley Police Department staffing has grown significantly. The Oakley Police Department is allotted 42 sworn officers from the Chief down to the most junior officer. The purchase of the additional semi-automatic rifles is necessary to make sure every sworn officer has a rifle assigned to him/her and to facilitate the “retirement” of older rifles that are deemed to no longer be serviceable.

The semi-automatic rifles are equipped with electronic red dot sighting systems.

Red dot sighting systems tend to make target acquisition easier allowing the individual officers to be more proficient when operating 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 sighting systems, are properly “fitted” to each individual officer we need to assign each officer with his/her own unique rifle.

The estimated purchase price of six (6) new rifles is $15,624.00. That pricing includes all of the supporting equipment that is needed for a rifle (holographic sights, flashlights, slings, pouches etc…).

I anticipate spending approximately $7,110 on .223/5.56x45mm ammunition in 2026. The breakdown of that anticipated ammunition consists of:
 15,000 rounds of training ammunition
o OPD will increase their training days this year and will expend more training ammunition than in previous years
755
16 Anticipated 2026 Military Equipment Acquisitions
Military Equipment Projected Purchase
Quantity
Projected Purchase Price
SIG/or Mil-Spec
Equivalent semiautomatic rifles,
chambered in

5.56x45mm
6 $15,624
Winchester
.223/5.56x45mm 55 gr.

FMJ ammunition
15,000 rounds $7,110
756
17 Anticipated “retirement” of Military Equipment
The Oakley Police Department has been deploying several rifles that were assigned to the Oakley Police Department when the City of Oakley contracted police services with the Contra Costa County Office of the Sheriff. Those rifles were brought online between 2004-2009. It is my intent to replace (retire) 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 information to our communities and elected officials in addition to ensuring compliance with California State law. The equipment, resources, and training outlined in this report allow Oakley Police Officers to better serve and protect Oakley, enhance the safety of officers and the community and bring critical incidents to a safe resolution. 757
758
759
760

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
DATE: April 28, 2026
TO: Joshua McMurray, City Manager
FROM: Evan Gorman, Associate Planner
SUBJECT: Mobile Vendor Work Session - Work Session to Discuss the City of Oakley’s Current Regulations Pertaining to Mobile Vendors.

Summary
This work session is intended to discuss the City of Oakley’s current regulations for food trucks, pushcarts, and other mobile or outdoor vendors. The item is being presented in response to Councilmember William’s request for a future agenda item made at the September 23, 2025, regular City Council meeting, which was seconded by Councilmember Shaw.

Background
Mobile food vending has existed in various forms for many years, but the modern food truck industry expanded significantly in the 2000s and early 2010s. As food trucks became more common, local governments were increasingly required to address where they could operate, how they should be regulated, and how to balance business opportunities with traffic safety, pedestrian access, and compatibility with surrounding uses.

In California, the regulatory environment for mobile and sidewalk vending changed with the adoption of Senate Bill 946 in 2018. That legislation limited the manner in which cities may regulate sidewalk vendors and required local restrictions on sidewalk vending to be based on objective health, safety, or welfare concerns rather than general opposition or economic competition. As a result, local regulation in this area now exists within a state framework that protects some vending activity while still allowing reasonable local rules concerning location, sanitation, and safety.

Oakley's municipal code regulates mobile food vendors, including those operating a pushcart, food truck, or outdoor stand, under a municipal code chapter separate from those governing traditional restaurants and grocery stores. For vendors without a brickand-mortar location, the municipal code and city practice recognizes three pathways:
vending at events, moving through the city on a roaming basis, or setting up on certain private commercial properties. The City provides interested parties with an application package which includes a flow chart on the front page to guide applicants to the applicable regulations depending on the type of vendor operation they are proposing (Attachment 2).

Approved and
Forwarded to the
City Council
761

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
EVENTS
The simplest pathway is vending at public or private events, like a City-sponsored event, farmers market, or other organized vendor gatherings. The City requires a business license for each individual vendor, while the event operator obtains a separate permit for the event itself. The event operator also pulls a permit through the County Health Department, which then conducts a single inspection covering all food vendors at the event. The individual vendors do not need additional approvals from the City beyond the business license.

MOBILE VENDOR PERMIT
If someone has a food truck, ice cream truck, or pushcart and they want to move around the City, they would obtain a Mobile Vendor Permit. The vendor permit application is in addition to the business license application and includes a background check for the applicant, paid for by the applicant and processed by a third party. Once issued, the permit is subject to annual renewal on or before its anniversary date.

Mobile vendors are subject to extensive location restrictions, including setbacks from schools, parks, recreational centers, intersections, crosswalks, driveways, bus stops, building entrances, and other City-permitted activities, while also prohibiting vending in roadways (parking spaces are interpreted as generally acceptable when all other requirements are met). In addition, vendors must provide waste receptacles, maintain required insurance, and comply with all applicable state, federal, and local laws.

Because SB 946 limits local regulation of pushcarts and other nonmotorized sidewalk vendors, the City’s requirements for those vendors are generally limited to keeping out of the roadway and out of the immediate vicinity of permitted temporary events.

OUTDOOR VENDING PERMIT
Where a vendor proposes to operate from a more fixed location, such as on a commercial property, the City may instead use the Outdoor Vending Permit process.

The City’s municipal code distinguishes this permit type from the roaming mobile-vendor model by tying it to a fixed site, on improved commercial property, and with propertyowner authorization, insurance, County health approval, and compliance with sitespecific development standards. Those standards address issues such as pedestrian circulation, proximity to driveways and intersections, facility size, signage, sound, and compatibility with surrounding uses. On properties zoned for commercial or industrial use, any proposed vendor location that would occupy a parking space must be accommodated through parking provided in excess of the minimum number of spaces required by the Municipal Code.

TAXATION
Food trucks are also subject to state sales-tax requirements. Under CDTFA guidance, mobile food vendors generally report tax based on the location where the sale occurs.

In practical terms, this means that if a vendor makes sales in Oakley, those sales are generally reported using the tax rate applicable to Oakley at the point of sale, rather 762

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 3
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
than solely by reference to the vendor’s home city or business address. Accordingly, to the extent taxable sales are properly sourced and reported to Oakley as the place of sale, the City would receive its applicable local share of those sales tax revenues, similar to a brick-and-mortar business operating within the City.

ENFORCEMENT
The City’s Code Enforcement Division enforces the regulations pertaining to vendors.

Notices are regularly mailed to businesses operating without a permit and/or license and City staff work with operators to bring them into compliance. City Code Enforcement has also started doing quarterly weekend inspections to contact and educate and if needed, initiate enforcement on vendors that may not operate during regular City Hall business hours.

NEARBY CITIES
Following Council direction, City Staff have reviewed the regulations pertaining to mobile vendors in nearby cities. Brentwood and Concord have similar permitting pathways but with different location requirements. A comparison table has been included as Attachment 4. In some respects, these cities are less restrictive than Oakley because they allow mobile vendors to operate closer to parks, schools, and other businesses. In other respects, they are more restrictive, as both Brentwood and Concord prohibit mobile food vendors from their downtown areas except during special events.

Pittsburg and Antioch appear to take similarly structured approaches that are different from Oakley. Based on correspondence from Pittsburg staff, Pittsburg requires a Special Event Permit for food trucks on City property and a Temporary Activity Permit (similar to Oakley’s Temporary Use Permit) for food trucks on private property, with staff-level discretionary review in both cases, and it also allows roaming food trucks so long as they don’t remain in one spot for more than 10 minutes (this typically works for an ice cream truck that makes short stops, but not a food truck that needs to take orders and prepare food in a mobile kitchen on location). Antioch, by contrast, does not permit public right-of-way vending beyond what’s required in SB 946 and requires a temporary use permit for parked mobile vendors on private property. Taken together, these nearby ordinances suggest that Oakley is not unusual in requiring permits and operational controls, but neighboring cities handle vendors in the public right-of-way and location standards differently.

Consistency with the Oakley Strategic Plan 27+
Holding an advisory work session is consistent with the goals in the section of the Oakley Strategic Plan 27+ entitled, “Community and Economic Development Goal”.

Reviewing business operations for compliance with Oakley’s municipal code requirements ensures thoughtful commerce and growth.
763

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 4
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
Fiscal Impact
There is no fiscal impact associated with this work session.

Staff Recommendation
It is recommended that the City Council provide direction to Staff.

Attachments

1. Ordinance Comparison Table

2. Vendor Application Pack

3. Outdoor Sales Municipal Code Chapter
764
Topic Oakley Brentwood Concord
Scope Peddlers, solicitors, sidewalk vendors (roaming and stationary), and door-to-door sellers
Mobile vending facilities (food trucks, carts, compact mobile food operations) in ROW and on private property Vendor motor vehicles and carts on streets, ROW, and private property; sidewalk vending handled separately under Ch. 12.55 Permit term 1 year 1 year; one-year renewals Up to 1 year; renewable in 1 year incrementsBackground check Background check required for applicant at applicant expense.

Requires signed affidavit: not a registered sex offender; no DUI, reckless driving, assault, sex/child crimes, drug felonies/misdemeanors, obscenity, or indecent exposure within 5 years None specified
School setback 500 ft from K-12 school property line 25 ft from any school pedestrian/vehicular entrance (waivable by school or special permit)
100 ft from school property line; prohibited 1 hr before/after drop-off and pickup and during lunch Park setback 300 ft from public park, playground, or rec center (sidewalk/path excepted)
Not specified Prohibited on streets immediately adjacent to a city park unless authorized
Intersection / crosswalk / hydrant / driveway
100 ft from intersection; 15 ft from crosswalk, hydrant, or driveway 25 ft from controlled intersections, crosswalks, stop signs Comply with curb colors and parking restrictions Bus stop 100 ft 25 ft Not specifiedDistance from other vendors / restaurants 500 ft from any city-permitted activity (special events, farmers' markets, etc.), 20 ft from business entrance. 100 ft from main entrance of any eating establishment or outdoor dining area (waivable with written permission) 100 ft from another stationary vendor or food vendor group site Distance from residences Stationary sidewalk vendors prohibited in all residential zones
300 ft from any single-family residential structure (with carve-out for lunch hours weekdays and weekend daytime in ROW) Vendors prohibited on streets in or abutting residential districts (with limited exceptions) Downtown restriction Vendor may not be in front of any building or within twenty (20) feet of the entrance or exit from any building (applies city-wide).

Prohibited in Downtown Specific Plan-Downtown Core District unless covered by a temporary special permit Prohibited in Downtown Pedestrian and Downtown Mixed Use districts unless authorized Time at one location Not specified 3-hour maximum in ROW; cannot return within 1,000 ft for 2 hours; max 4 cumulative days per 30-day period on same private property Not specified
Code citation Oakley Municipal Code Sections 5.5.302-322 Brentwood Municipal Code Ch. 5.68 Concord Municipal Code Ch. 12.50 Comparison of Vendor Ordinances
Comparison of mobile vending regulations across Oakley, Brentwood, and Concord municipal codes. 765
“I’d like to sell my food at
Farmers markets and events”
“I’d like to move around town
and sell in certain areas.”
“I’d like to set up shop on a
commercial property for full
days”
Obtain Oakley Business
license and home business
permit
Event operator works with the
County to obtain event permit
Ask the County whether you
can obtain a Compact Mobile
Food Operations Permit for
your food stand
Procure an enclosed trailer or
truck to cook from and obtain
a Mobile Food Facility Permit
from County.

Obtain a county health
department permit.

Obtain an Outdoor Vending
Permit for each Commercial
Property, insurance certificate
required, no livescan
Obtain a Mobile Vending
Permit from Oakley Planning.

You’ll complete a livescan
background check, you’ll need
to provide insurance as well.

Step 1 Step 2 Step 3
A.

B.

C.
766
Intentionally left blank, move to next page....
767
City of Oakley
3231 Main Street
Oakley, CA 94561
Ph: (925) 625-7000
www.oakleyinfo.com
Outdoor Vending Facilities & Mobile Vendor Permits
Which permit should I apply for?
There are two forms of outdoor sales permits in Chapter 5 of the Oakley Municipal Code: Outdoor Vending Facilities and Mobile Vendors. Both categories may include the sale of food, flowers, agricultural products, crafts, artwork, and merchandise. Both categories may involve sales by foot, pushcart, motorized or non-motorized vehicles.

As a result, the type of product or vending cart is not enough information to distinguish the appropriate category. For clarification, the following are attributes and processing requirements for the categories:

Outdoor Vending Facility Mobile Vendor
Location Fixed location that is:
 On improved private
property (paved
access, etc)
 On unimproved private
property only when
land is used for
agriculture
 On public right of way
only with an
encroachment permit
No fixed location. An individual
enters upon public or private property
for the purpose of peddling, soliciting,
or vending. However, vendor may not
vend:
• w/in 500 ft of a school
• w/in 300 ft of a park
• w/in 300 ft of a recreation center
• w/in 100 ft of an intersection
• w/in pedestrian walkways
• w/in 100 ft of a bus stop
Land Owner’s
Permission
Required – in writing Required if serving customers on
private property
B.

C.
768
Outdoor Vending Facility Mobile Vendor
General
Plan/Zoning
Commercial, Industrial, or
Agriculture
Any, but most common in residential
Community
Development
site
requirements
Yes – many. Not applicable
Background
investigation
by Police
Not applicable Yes
Passport
photo
required
No Yes
Sound, music,
amplifier to
promote sales
Not allowed Allowed within reason
Distance
requirements
to similar
commercial
activity
Yes, to be determined by
CDD
subject to fixed separation/location
rules in Section 5.5.314(f) and
outlined on first page of this handout.

Common
businesses
 Fruit stands (fixed
locations)
 Plants/outdoor sales
associated with other
retail on a commercial
property
• Food Trucks
• Catering trucks
• Ice cream trucks
Oakley Police provides rigorous enforcement of illegal roadside vendors. It is essential that we inform Oakley Police of any pending approvals for outdoor vending facilities and mobile vendors. Oakley Police is involved in the investigation of mobile vendors prior to approval of mobile vendor permits. 769
Vendor Permit Application - Version FY 19-20 Fee
City of Oakley
3231 Main Street
Oakley, CA 94561
Ph: (925) 625-7000
Fax: (925) 625-9194
www.oakleyinfo.com

VENDOR PERMIT
A Vendor Permit allows for the sale of food or merchandise from a pushcart, stand, display, pedaldriven cart, wagon, showcase, rack, vehicle, or other motorized or nonmotorized conveyance, or from one’s person at any location other than a building or structure constructed on a permanent foundation which is rented, leased, or owned by the person selling, offering to sell, or soliciting for sale, subject to the Oakley Municipal Code section 5.5.314.

Applications shall be reviewed for compliance with the submittal requirements. Please use the following checklist to ensure a complete application is submitted to the City.

Submittal Requirements:

1. One copy of the completed Vendor Permit Application (attached) form with all necessary signatures.

2. The required application fee $129.

3. A City of Oakley Business License Tax Application (separate fee).

4. A copy of the Certificate of Insurance covering the vending facility for property damage and personal liability. The minimum coverage for liability insurance is $500,000. The type of insurance will be based on the nature of the vending operation.

5. A copy of the Contra Costa County Environmental Health Department approval.

6. A passport quality picture of the applicant and copy of a valid Driver’s License.

7. A Live Scan background check, completed at a third-party provider.

Important Phone Numbers:

Oakley Business Licenses: (925) 625-7018.

Passport Services (including passport pictures): (925) 625-7000.

Contra Costa County
Environmental Health
2120 Diamond Boulevard Suite 200
Concord, CA 94520
(925)-692-2500
B
770
Vendor Permit Application - Version FY 19-20 Fee
City of Oakley
3231 Main Street
Oakley, CA 94561
Ph. (925) 625-7000
Fax. (925) 625-9194
www.oakleyinfo.com
Vendor Permit Application
APPLICANT INFORMATION:

Applicant Name: (print or type):

Owner of Business: ❑ Employee: ❑
Contact Phone:

Mailing Address:

Driver’s License No: State: Exp. Date:

VENDOR INFORMATION:

Vendor Type: Mobile Vendor ❑ Ice Cream ❑ Other ❑
Vendor/Business Name:

Vehicle License No(if applicable): VIN No(if applicable):

Vehicle Storage Address (if applicable):

Hours of Operation:

Description of Items for Sale:

In making this application, the undersigned agrees that the above information is true and that all conditions of approval will be met.

Signature: Date:
771
Vendor Permit Application - Version FY 19-20 Fee
In accordance with Oakley Municipal code Section 5.5.314, Vendors shall comply with the following:
a. Display. Every applicant shall be issued a permit to be carried on person and exhibited on request by any person to persons they deal with and shall at all times carry the permit issued hereunder and exhibit it on request to any police officer or designated City official. b. Activities Creating Nuisance. No solicitor, peddler or vendor, in the course of activities regulated in this article, shall create any public nuisance or disturb the peace and quiet of the neighborhood by the use of loud noise, brilliant lights, or any other actions constituting a public nuisance.
c. Restricted Premises. No person shall peddle or solicit at any premise which are posted with a clearly visible sign bearing the words "No Peddlers or Solicitors" or words of the same import. d. Hours of Operation. It shall be unlawful for any person to enter upon any residential premises for the purpose of contacting the occupant between 5:00 p.m. and 10:00 a.m., unless that person is invited by or known to the occupant. It is unlawful for any permittee to conduct any activities regulated under the provisions of this article between 10:00 p.m. and 5:00 a.m. e. Transfer Prohibited. It is unlawful for any person other than the permittee to use or wear any permit issued under the provisions of this article. f. Location of Permitted Activities. No person shall peddle, solicit or vend in any of the following places within the City:
1) Within five hundred (500) feet of the closest point on the property line of a school serving students eighteen (18) years of age or younger;
2) Within three hundred (300) feet of the closest point on the property line of a public park or public playground, except upon a public sidewalk or pedestrian path; 3) Within three hundred (300) feet of the closest point on the property line of a municipal recreational center, except upon a public sidewalk or pedestrian path; 4) Within one hundred (100) feet of any street intersection; 5) At a location where space for pedestrian passage will be reduced to less than six feet; 6) On any sidewalk or street adjacent to a curb which has been designated as a white, yellow, blue, or red zone;
7) Within fifteen (15) feet of any crosswalk, fire hydrant, or driveway; 8) Within one hundred (100) feet of any public transit bus stop sign; 9) On landscaped areas of public property;
772
Vendor Permit Application - Version FY 19-20 Fee
10) Within five hundred (500) feet of any City-permitted activities, including but not limited to construction related street or lane closures, special events, swap meets, filming, festivals, or farmer’s markets;
11) Within the roadway, medians, pedestrian islands, and bikeways; 12) Directly in front of any building or within twenty (20) feet of the entrance or exit from any building;
13) Stationary sidewalk vendors are prohibited from operating within all residential zones.

Applicant Acknowledgement
I certify I have not been convicted of any felony or of any misdemeanor involving injury to person(s) or property, theft, fraud, or misrepresentation within the past five years. I further hereby agree to uphold the conditions and limitations as set forth above.

Applicant’s Signature:_______________________________________ Date: _____________ 773

Applicant Submission
ORI (Code assigned by DOJ) Authorized Applicant Type
Type of License/Certification/Permit OR Working Title (Maximum 30 characters - if assigned by DOJ, use exact title assigned) Contributing Agency Information:

Agency Authorized to Receive Criminal Record Information Mail Code (five-digit code assigned by DOJ) Street Address or P.O. Box
City ZIP Code
Contact Name (mandatory for all school submissions)
Contact Telephone Number
Applicant Information:

Last Name First Name Middle Initial Suffix
Other Name: (AKA or Alias)
Last Name First Name Suffix
Date of Birth
Sex Male Female
Driver's License Number
Height Weight Eye Color Hair Color
Place of Birth (State or Country) Social Security Number Home
Address Street Address or P.O. Box City ZIP Code
Billing
Number
(Agency Billing Number)
Misc.

Number
(Other Identification Number)
Your Number:

OCA Number (Agency Identifying Number)
Level of Service: DOJ FBI
If re-submission, list original ATI number:
(Must provide proof of rejection) Original ATI Number
Employer (Additional response for agencies specified by statute):

Employer Name
Street Address or P.O. Box
City ZIP Code Mail Code (five digit code assigned by DOJ) Telephone Number (optional)
Live Scan Transaction Completed By:

Name of Operator Date
Transmitting Agency LSID ATI Number Amount Collected/Billed

STATE OF CALIFORNIA DEPARTMENT OF JUSTICE
BCIA 8016 PAGE 1 of 4
(Rev. 04/2020)

REQUEST FOR LIVE SCAN SERVICE
(If the Level of Service indicates FBI, the fingerprints will be used to check the criminal history record information of the FBI.)
State
State
State
Date
I have received and read the included Privacy Notice, Privacy Act Statement, and Applicant's Privacy Rights.

Applicant Signature
CA0073400 Business License
Vendor Permit
OAKLEY POLICE/HUMAN RESOURCES DEPARTMENT 21181
3231 MAIN STREET
OAKLEY 94561 (925) 625-8855
Applicant will pay
CA
774
Privacy Notice
As Required by Civil Code § 1798.17
Collection and Use of Personal Information. The California Justice Information Services (CJIS) Division in the Department of Justice (DOJ) collects the information requested on this form as authorized by Business and Professions Code sections 4600-4621, 7574-7574.16, 26050-26059, 11340-11346, and 22440-22449; Penal Code sections 11100-11112, and 11077.1; Health and Safety Code sections 1522, 1416.20-1416.50, 1569.10-1569.24, 1596.80-1596.879, 1725-1742, and 18050-18055; Family Code sections 8700-87200, 8800-8823, and 8900-8925; Financial Code sections 1300-1301, 22100-22112, 17200-17215, and 28122-28124; Education Code sections 44330-44355; Welfare and Institutions Code sections 9710-9719.5, 14043-14045, 4684-4689.8, and 16500-16523.1; and other various state statutes and regulations. The CJIS Division uses this information to process requests of authorized entities that want to obtain information as to the existence and content of a record of state or federal convictions to help determine suitability for employment, or volunteer work with children, elderly, or disabled; or for adoption or purposes of a license, certification, or permit. In addition, any personal information collected by state agencies is subject to the limitations in the Information Practices Act and state policy. The DOJ's general privacy policy is available at http://oag.ca.gov/privacy-policy.

Providing Personal Information. All the personal information requested in the form must be provided.

Failure to provide all the necessary information will result in delays and/or the rejection of your request.

Access to Your Information. You may review the records maintained by the CJIS Division in the DOJ that contain your personal information, as permitted by the Information Practices Act. See below for contact information.

Possible Disclosure of Personal Information. In order to process applications pertaining to Live Scan service to help determine the suitability of a person applying for a license, employment, or a volunteer position working with children, the elderly, or the disabled, we may need to share the information you give us with authorized applicant agencies.

The information you provide may also be disclosed in the following circumstances:
• With other persons or agencies where necessary to perform their legal duties, and their use of your information is compatible and complies with state law, such as for investigations or for licensing, certification, or regulatory purposes.
• To another government agency as required by state or federal law.

Contact Information. For questions about this notice or access to your records, you may contact the Associate Governmental Program Analyst at the DOJ's Keeper of Records at (916) 210-3310, by email at [email protected], or by mail at:

Department of Justice
Bureau of Criminal Information & Analysis
Keeper of Records
P.O. Box 903417
Sacramento, CA 94203-4170

STATE OF CALIFORNIA DEPARTMENT OF JUSTICE
BCIA 8016 PAGE 2 of 4
(Rev. 04/2020)

REQUEST FOR LIVE SCAN SERVICE
775

DEPARTMENT OF JUSTICE
PAGE 3 of 4

REQUEST FOR LIVE SCAN SERVICE
BCIA 8016
(Rev. 04/2020)

STATE OF CALIFORNIA
Privacy Act Statement

Authority. The FBI's acquisition, preservation, and exchange of fingerprints and associated information is generally authorized under 28 U.S.C. 534. Depending on the nature of your application, supplemental authorities include Federal statutes, State statutes pursuant to Pub. L. 92-544, Presidential Executive Orders, and federal regulations. Providing your fingerprints and associated information is voluntary; however, failure to do so may affect completion or approval of your application.

Principal Purpose. Certain determinations, such as employment, licensing, and security clearances, may be predicated on fingerprint-based background checks. Your fingerprints and associated information/biometrics may be provided to the employing, investigating, or otherwise responsible agency, and/or the FBI for the purpose of comparing your fingerprints to other fingerprints in the FBI's Next Generation Identification (NGI) system or its successor systems (including civil, criminal, and latent fingerprint repositories) or other available records of the employing, investigating, or otherwise responsible agency. The FBI may retain your fingerprints and associated information/biometrics in NGI after the completion of this application and, while retained, your fingerprints may continue to be compared against other fingerprints submitted to or retained by NGI.

Routine Uses. During the processing of this application and for as long thereafter as your fingerprints and associated information/biometrics are retained in NGI, your information may be disclosed pursuant to your consent, and may be disclosed without your consent as permitted by the Privacy Act of 1974 and all applicable Routine Uses as may be published at any time in the Federal Register, including the Routine Uses for the NGI system and the FBI's Blanket Routine Uses. Routine uses include, but are not limited to, disclosures to: employing, governmental, or authorized nongovernmental agencies responsible for employment, contracting, licensing, security clearances, and other suitability determinations; local, state, tribal, or federal law enforcement agencies; criminal justice agencies; and agencies responsible for national security or public safety. 776

DEPARTMENT OF JUSTICE
PAGE 4 of 4

REQUEST FOR LIVE SCAN SERVICE
BCIA 8016
(Rev. 04/2020)

STATE OF CALIFORNIA
Noncriminal Justice Applicant's Privacy Rights

As an applicant who is the subject of a national fingerprint-based criminal history record check for a noncriminal justice purpose (such as an application for employment or a license, an immigration or naturalization matter, security clearance, or adoption), you have certain rights which are discussed below.

• You must be provided written notification1 that your fingerprints will be used to check the criminal history records of the FBI.
• You must be provided, and acknowledge receipt of, an adequate Privacy Act Statement when you submit your fingerprints and associated personal information. This Privacy Act Statement should explain the authority for collecting your information and how your information will be used, retained, and shared. 2
• If you have a criminal history record, the officials making a determination of your suitability for the employment, license, or other benefit must provide you the opportunity to complete or challenge the accuracy of the information in the record. • The officials must advise you that the procedures for obtaining a change, correction, or update of your criminal history record are set forth at Title 28, Code of Federal Regulations (CFR), Section 16.34.
• If you have a criminal history record, you should be afforded a reasonable amount of time to correct or complete the record (or decline to do so) before the officials deny you the employment, license, or other benefit based on information in the criminal history record. 3

You have the right to expect that officials receiving the results of the criminal history record check will use it only for authorized purposes and will not retain or disseminate it in violation of federal statute, regulation or executive order, or rule, procedure or standard established by the National Crime Prevention and Privacy Compact Council. 4

If agency policy permits, the officials may provide you with a copy of your FBI criminal history record for review and possible challenge. If agency policy does not permit it to provide you a copy of the record, you may obtain a copy of the record by submitting fingerprints and a fee to the FBI.

Information regarding this process may be obtained at https://www.fbi.gov/services/cjis/identityhistory-summary-checks.

If you decide to challenge the accuracy or completeness of your FBI criminal history record, you should send your challenge to the agency that contributed the questioned information to the FBI.

Alternatively, you may send your challenge directly to the FBI. The FBI will then forward your challenge to the agency that contributed the questioned information and request the agency to verify or correct the challenged entry. Upon receipt of an official communication from that agency, the FBI will make any necessary changes/corrections to your record in accordance with the information supplied by that agency. (See 28 CFR 16.30 through 16.34.) You can find additional information on the FBI website at https://www.fbi.gov/about-us/cjis/background-checks.

1 Written notification includes electronic notification, but excludes oral notification 2 https://www.fbi.gov/services/cjis/compact-council/privacy-act-statement 3 See 28 CFR 50.12(b)
4 See U.S.C. 552a(b); 28 U.S.C. 534(b); 34 U.S.C. § 40316 (formerly cited as 42 U.S.C. § 14616), Article IV(c) 777
Outdoor Vending Permit – Version FY 18-19 Fee
City of Oakley
3231 Main Street
Oakley, CA 94561
Ph: (925) 625-7000
Fax: (925) 625-9194
www.oakleyinfo.com

OUTDOOR VENDING PERMIT APPLICATION
Per Oakley Municipal Code (OMC) section 5.5.204, an Outdoor Vending Permit allows for the sale of prepared food, fresh cut flowers or plants, agricultural products, artwork, crafts, wares, merchandise, things or articles of value, or the sale of items determined by the Community Development Director to be a similar type of retail operation, from a stand, motorized vehicle, non-motorized stationary or non-stationary cart or pushcart, or any type of sales not within an enclosed building. Vending facilities located within enclosed retail buildings, shopping centers, malls, office buildings and industrial buildings are exempt from the regulations and requirements below.

Applications shall be reviewed for compliance with the submittal requirements. Please use the following checklist to ensure a complete application is submitted to the City.

Submittal Requirements:

1. One copy of the completed application form with all necessary signatures. *

2. The required application fee of $129.

3. A City of Oakley Business License Tax Application (separate fee).

4. A signed sworn statement that the applicant is the owner of the property on which the facility will operate, or a signed statement of the owner granting the applicant permission to use a portion of the property for the proposed use.

5. A copy of the Certificate of Insurance covering the vending facility for property damage and personal liability. The minimum coverage for liability insurance is $500,000. The type of insurance will be based on the nature of the vending operation.

6. A copy of the Contra Costa County Environmental Health Department approval.

7. A valid encroachment permit, if required by OMC Section 5.5.206.

8. If the applicant has, in the twelve months that preceded the application, conducted a retail sales operation subject to the collection and remittance of sales tax, evidence that the applicant collected and remitted to the California Franchise Tax Board the applicable sales tax. For permit renewals, the applicant must submit evidence of collecting and remitting the applicable sales tax for the period in which the applicant operated the facility in the City.

9. A passport quality picture of the applicant and copy of a valid Driver’s License.

C
778
Outdoor Vending Permit – Version FY 18-19 Fee
* Please note that the initial term of an outdoor vending permit shall be for up to three months from the date of approval.

The Community Development Director may issue an unlimited number of three-month extensions, upon a determination that the findings required in Section 5.5.210 of the OMC are still applicable and that all information required by this section is current.

Important Phone Numbers:

Oakley Business Licenses: (925) 625-7018
Passport Services (including passport pictures): (925) 625-7000 Contra Costa Health Department:

Contra Costa County
Environmental Health
2120 Diamond Boulevard Suite 200
Concord, CA 94520
(925)-692-2500
Findings of Approval:

The approval or conditional approval of an outdoor vending facility shall be based on a finding by the Director that the establishment, maintenance or operation of the use and facility will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood, or to the general welfare of the City, based on the materials submitted as part of the application and the Director’s independent review and investigation.

Permit Denial or Revocation
The Community Development Director may revoke or deny an outdoor vending permit for any of the following causes:

1. Fraud, misrepresentation, or any false statement made in furnishing the information required by this article;

2. Any violation of this article;

3. Conviction of the permit holder of any felony or crime involving fraud, tax evasion, or moral turpitude;

4. Conducting the vending in an unlawful manner or in such manner as to constitute a nuisance or breach of the peace or to be a menace to the health, safety or general welfare of the people of the City.
779
Outdoor Vending Permit – Version FY 18-19 Fee
Outdoor Vending Permit Application
APPLICANT NAME (print or type):

Owner of Business ❑ Employee ❑
Company Name
Day Phone
Address, with Zip:

Name
Driver’s License No. Expiration Date
Vehicle License No. VIN #
Signature Date
In making this application, the undersigned agrees that the above information is true and that all conditions of approval will be met.

PROJECT INFORMATION:

Proposed Vendor Name
Vehicle Storage Address (if applicable)
Hours of Operation
Description of Sales
780
Outdoor Vending Permit – Version FY 18-19 Fee
In accordance with Oakley Municipal Code Section 5.5.212, Outdoor Vendors shall comply with the following development Standards, and subjected to the following Conditions of Approval:

1. Except when operated on property lawfully used for agricultural purposes, the facility shall be located on improved private property. For the purposes of this section "improved private property" shall be defined as a property that has a paved legal access and adequate hardscaping to accommodate an outdoor vending facility.

2. The Community Development Director shall determine the distance of a proposed facility to other outdoor vending facilities and fully enclosed retail businesses engaged in similar commercial activity. The Community Development Director shall ensure that an overconcentration of outdoor vending facilities does not result in the discouragement of permanent enclosed retail businesses in the area of the City in which an applicant proposes to locate a facility. The Director shall additionally ensure that the proximity of a proposed facility to a fully enclosed retail business engaged in similar commercial activity does not harm the economic viability of the enclosed retail business. In making both of those determinations, the Director shall consider the general plan designation of the property on which the applicant proposes to operate the facility, the applicable zoning, the proximity of the property to other zoning districts, and the type of vending proposed.

3. The Community Development Director shall determine appropriate distance of a proposed outdoor vending facility from any fire hydrant and all driveways that access the property. In addition to other considerations, the Director shall base his/her decision, in part, on information from the Police and Fire Departments, as well as from the City Engineer.

4. An outdoor vending facility shall not occupy required off-street parking spaces, required landscape areas, or within any required landscaping setback adjacent to a public street.

5. An outdoor vending facility shall not be located on a pedestrian path/sidewalk that is less than 10 feet in width. A minimum of a six-foot path of travel shall be maintained around a facility.

6. An outdoor vending facility shall not exceed more than 200 square feet in area.

7. If located on a property at an intersection, the facility shall be located outside of a 30-foot by 30- foot commercial clear vision triangle.

8. An outdoor facility shall include trash receptacle(s) and such receptacles shall be maintained, by the vendor, so as not to create an offending odor or visual nuisance. The area on which the open air vending facility is located shall be kept free of debris.

9. An outdoor vending facility shall not reflect undesirable light and glare from the designated premises.

10. An outdoor vending facility shall not use, play or employ any sound, outcry, amplifier, loudspeaker, radio or any other instrument or device for the production of sound in connection with the promotion of the operation.

11. An outdoor vending facility shall not be greater than 10 feet in height.

12. An outdoor vending facility may not display more than two signs on the identified property.

The signs may not exceed 12 square feet each and shall be attached to the stand, cart, table, or other impermanent facilities used for vending.
781
Outdoor Vending Permit – Version FY 18-19 Fee

13. Sales shall be from the approved open air vending facility and not from additional accessory stands, tables, chairs, or other devices other than those permitted as indicated on the application.

14. An outdoor vending facility shall be located on a generally level portion of the site and an adequate breaking system be provided for, as necessary.

15. The use shall not be closer than 15 feet from the outer edge of any entrance to any building.

16. Storage and handling of food shall comply with all applicable County and State requirements.

17. The Community Development Director, in consultation with the Director of Public Works, may require, as a condition of permit renewal, frontage roadway improvements and landscaping for any outdoor vending facility that operates continuously or intermittently from the same location for more than 90 days in a 12-month period, if the improvements are determined to be necessary to protect the health, safety, and welfare of the City.

18. The operator of an outdoor vending facility must maintain a current daily inventory control sheet at the facility while engaging in the permitted vending and must present it on demand to any City of Oakley employee who requests to see it for the purpose of determining compliance with the conditions of permit approval. A facility’s inventory is subject to search by City of Oakley employees to determine that the inventory control sheet is accurate. If a facility operator refuses to produce an inventory control sheet, or if a facility operator’s inventory control sheet is not accurate, the facility’s outdoor vending permit shall be immediately suspended, pending a showing by the facility operator of the manner in which he/she will correct inventory control problems in the future. The Community Development Directory shall determine whether the proposed corrective plan is adequate. The operator of the facility shall conduct no outdoor sales while the permit is suspended.

Applicant Acknowledgement
I certify I have not been convicted of any felony or of any misdemeanor involving injury to person(s) or property, theft, fraud, or misrepresentation within the past five years. I further hereby agree to uphold the conditions and limitations as set forth above.

Applicants Signature: ________________________________________ Date: _____________ 782
CHAPTER 5

OUTDOOR SALES
Article 1 RESERVED
Article 2 OUTDOOR SALES FROM UNENCLOSED STRUCTURES

5.5.202 Purpose.

The purpose of this chapter is to regulate the sale of prepared food, fresh cut flowers or plants, agricultural products, artwork, crafts, goods, wares, merchandise, things or articles of value, seasonal sales events, or any other use determined by the Community Development Director to be a similar type of retail operation. The following regulations shall apply to the operation of outdoor vending facilities when the operations of outdoor vendors are allowed by the Zoning Ordinance in the applicable zone. (Sec. 1, Ordinance No. 01-19, adopted January 8, 2019)

5.5.204 Definitions.
"Outdoor vending facilities" means the sale of prepared food, fresh cut flowers or plants, agricultural products, artwork, crafts, wares, merchandise, things, or articles of value, or the sale of items determined by the Community Development Director to be a similar type of retail operation, from a stand, motorized vehicle, nonmotorized stationary or nonstationary cart or pushcart, or any type of sales not within an enclosed building.

Vending facilities located within enclosed retail buildings, shopping centers, malls, office buildings and industrial buildings are exempt from the regulations and requirements of this chapter. Sidewalk vendors are excluded from the definition of outdoor vending facilities. (Sec. 1, Ordinance No. 01-19, adopted January 8, 2019)

5.5.206 Allowable Locations; Required Permits.
a. Subject to the Community Development Director’s approval of outdoor vending permit, the operation of an outdoor vending facility may be permitted in the following locations:
1) An outdoor vending facility may be permitted on a specified portion of private property having a commercial or industrial general plan land use designation, or zoned for uses consistent therewith.
2) Additionally, an outdoor vending facility may be permitted on a specified portion of private property having a general plan land use designation or zoning that allows agricultural uses if a) the agricultural goods sold are grown on the property on which the 783
facility is located, or b) the vendor operating the facility owns or operates an active agricultural enterprise on another property in the City. b. An outdoor vending permit shall be required for the operation of all outdoor vending facilities.
(Sec. 1, Ordinance No. 01-19, adopted January 8, 2019)

5.5.208 Outdoor Vending Permit – Term; Required Documentation. a. The initial term of an outdoor vending permit shall be for up to three months from the date of approval. The Community Development Director may issue an unlimited number of three-month extensions, upon a determination that the findings required in Section 5.5.210 are still applicable and that all information required by this section is current.
b. An applicant for an outdoor vending permit shall be required to submit the following documentation:
1) An outdoor vending permit application provided by the Oakley Community Development Department;
2) A valid business license issued by the City of Oakley or on its behalf; 3) A signed sworn statement that the applicant is the owner of the property on which the facility will operate, or a signed statement of the owner granting the applicant permission to use a portion of the property for the proposed use;
4) If the applicant has, in the twelve (12) months that preceded the application, conducted a retail sales operation subject to the collection and remittance of sales tax, evidence that the applicant collected and remitted to the California Franchise Tax Board the applicable sales tax. For permit renewals, the applicant must submit evidence of collecting and remitting the applicable sales tax for the period in which the applicant operated the facility in the City; and
5) Evidence of any insurance required by the Community Development Director pursuant to this article.
(Sec. 1, Ordinance No. 01-19, adopted January 8, 2019)

5.5.210 Outdoor Vending Permit – Findings for Approval.

The approval or conditional approval of an outdoor vending facility shall be based on a finding by the Director that the establishment, maintenance or operation of the use and facility will not, under the circumstances of the particular case, be detrimental to the 784
health, safety, or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood, or to the general welfare of the City, based on the materials submitted as part of the application and the Director’s independent review and investigation. (Sec. 1, Ordinance No. 01-19, adopted January 8, 2019)

5.5.212 Development Standards; Conditions of Permit Approval.

An application for and the operation of an outdoor vending facility shall conform to the following development standards and be subject to the following conditions of approval of the Community Development Director, based on the application materials and independent investigation of the application:
a. Except when operated on property lawfully used for agricultural purposes, the facility shall be located on improved private property. For the purposes of this section "improved private property" shall be defined as a property that has a paved legal access and adequate hardscaping to accommodate an outdoor vending facility. b. The Community Development Director shall determine the distance of a proposed facility to other outdoor vending facilities and fully enclosed retail businesses engaged in similar commercial activity. The Community Development Director shall ensure that an over-concentration of outdoor vending facilities does not result in the discouragement of permanent enclosed retail businesses in the area of the City in which an applicant proposes to locate a facility. The Director shall additionally ensure that the proximity of a proposed facility to a fully enclosed retail business engaged in similar commercial activity does not harm the economic viability of the enclosed retail business. In making both of those determinations, the Director shall consider the general plan designation of the property on which the applicant proposes to operate the facility, the applicable zoning, the proximity of the property to other zoning districts, and the type of vending proposed. c. The Community Development Director shall determine appropriate distance of a proposed outdoor vending facility from any fire hydrant and all driveways that access the property. In addition to other considerations, the Director shall base his/her decision, in part, on information from the Police and Fire Departments, as well as from the City Engineer.
d. An outdoor vending facility shall not occupy required off-street parking spaces, required landscape areas, or within any required landscaping setback adjacent to a public street.
785
e. An outdoor vending facility shall not exceed more than two hundred (200) square feet in area.
f. If located on a property at an intersection, the facility shall be located outside of a thirty (30) foot by thirty (30) foot commercial clear vision triangle. g. An outdoor facility shall include trash receptacle(s) and such receptacles shall be maintained, by the vendor, so as not to create an offending odor or visual nuisance. The area on which the open air vending facility is located shall be kept free of debris. h. An outdoor vending facility shall not reflect undesirable light and glare from the designated premises.
i. An outdoor vending facility shall not use, play or employ any sound, outcry, amplifier, loudspeaker, radio or any other instrument or device for the production of sound in connection with the promotion of the operation.
j. An outdoor vending facility shall not be greater than ten (10) feet in height. k. An outdoor vending facility may not display more than two signs on the identified property. The signs may not exceed twelve (12) square feet each and shall be attached to the stand, cart, table, or other impermanent facilities used for vending. l. Sales shall be from the approved open air vending facility and not from additional accessory stands, tables, chairs, or other devices other than those permitted as indicated on the application.
m. An outdoor vending facility shall be located on a generally level portion of the site and an adequate breaking system be provided for, as necessary. n. The use shall not be closer than fifteen (15) feet from the outer edge of any entrance to any building.
o. Storage and handling of food shall comply with all applicable County and State requirements.
p. The Community Development Director, in consultation with the Director of Public Works, may require, as a condition of permit renewal, frontage roadway improvements and landscaping for any outdoor vending facility that operates continuously or intermittently from the same location for more than ninety (90) days in a twelve (12) month period, if the improvements are determined to be necessary to protect the health, safety, and welfare of the City.
786
q. The operator of an outdoor vending facility must maintain a current daily inventory control sheet at the facility while engaging in the permitted vending and must present it on demand to any City of Oakley employee who requests to see it for the purpose of determining compliance with the conditions of permit approval. A facility’s inventory is subject to search by City of Oakley employees to determine that the inventory control sheet is accurate. If a facility operator refuses to produce an inventory control sheet, or if a facility operator’s inventory control sheet is not accurate, the facility’s outdoor vending permit shall be immediately suspended, pending a showing by the facility operator of the manner in which he/she will correct inventory control problems in the future. The Community Development Director shall determine whether the proposed corrective plan is adequate. The operator of the facility shall conduct no outdoor sales while the permit is suspended.
(Sec. 1, Ordinance No. 01-19, adopted January 8, 2019)

5.5.214 Seasonal Events.
a. A permit shall be required to operate an outdoor vending facility on City property for seasonal events, other recreational athletic league games, and other similar time-limited activities that occur annually but that are not continuous throughout the year. The Community Development Director may issue an outdoor vending permit for the full term of the event, if longer than the standard fifteen (15) and ninety (90) day term of such a permit.

The Director shall require evidence of any additional permits required for the proposed type of sales, including but not limited to a valid approved license to sell alcoholic beverages.

The Director may waive any of the standards and conditions set forth in Section 5.5.212 that do not apply to the location of the seasonal event. b. A permit shall be required to operate an outdoor vending facility for the sale of goods related to a holiday or season, including but not limited to such facilities as "pumpkin patches" related to Halloween, Thanksgiving, and Christmas tree lots, regardless of whether the facility is associated with a fully enclosed business located on the same property.
c. Notwithstanding in this article, the Community Development Director shall approve an outdoor vending permit for the sale of flowers during the calendar week up to and including any holiday, including but not limited to St. Valentine’s Day, Mothers’ Day, and Easter Sunday, only if the proposed facility is associated with a fully enclosed business located on the same property.
(Sec. 1, Ordinance No. 01-19, adopted January 8, 2019)

5.5.216 Permit Denial or Revocation.
787
The Community Development Director may revoke or deny an outdoor vending permit for any of the following causes:
a. Fraud, misrepresentation, or any false statement made in furnishing the information required by this article;
b. Any violation of this article;
c. Conviction of the permit holder of any felony or crime involving fraud, tax evasion, or moral turpitude;
d. Conducting the vending in an unlawful manner or in such manner as to constitute a nuisance or breach of the peace or to be a menace to the health, safety or general welfare of the people of the City.
(Sec. 1, Ordinance No. 01-19, adopted January 8, 2019)

5.5.218 Appeal Procedures.

Appeal of the decision of the Community Development Director may be made in accordance with the procedures specified in Chapter 1.8. (Sec. 1, Ordinance No. 01-19, adopted January 8, 2019)
Article 3 SOLICITORS, PEDDLERS AND VENDORS

5.5.302 Purpose.

The purposes of this article are:
a. The regulation of individuals entering upon private property, particularly private residential property, for the purpose of selling food, merchandise, or services; b. The regulation of individuals selling food, merchandise, or services on public sidewalks, public pedestrian paths, or private property, whether by foot, vehicle or other mobile device, whether powered by motor, hand or stationary; c. To protect the public health, safety and welfare against unlawful activities or operations by individuals falsely representing themselves as vendors; d. To protect the public health, safety and welfare by regulating negative land use, public safety, and traffic impacts;
e. To balance the rights and interests of those engaged in commercial and nonprofit activities with the rights and interests of those who do not want to be disturbed by such activities on private and public property;
788
f. To protect the health, safety and welfare by ensuring adequate access to infrastructure located in the right-of-way, adequate path of travel for pedestrians along City rights-of-way, and the peace and enjoyment of residential zones; and
g. To protect the public’s use and enjoyment of natural resources and recreational opportunities at City parks and prevent of an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of City parks. (Sec. 1, Ordinance No. 01-19, adopted January 8, 2019)

5.5.304 Definitions.

Whenever used in this article, the following terms are defined as follows:
a. "Engaged in business" means and includes the conducting, managing or carrying on of any such business or helping therewith, by any person in any capacity. b. "Peddler" means and includes any person carrying, conveying or transporting food, goods, wares, merchandise or other personal property of any nature whatsoever, offering or exposing the same for sale or making sales and delivering articles to purchasers. "Peddler" means and includes the words "hawker" and "huckster."
c. "Person" means and includes the singular and the plural and also means and includes any individual, firm, corporation, association, club, partnership, joint venture, and any other organization.
d. "Solicitor" means and includes any person taking or attempting to take subscriptions, contracts for sale, or orders for the sale of food, goods, wares, merchandise or other personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such person has, carries or exposes for sale a sample of the subject of such sale or whether he/she collects advance payments on such sales or not.
e. "Vendor" means a peddler, solicitor, or any person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, vehicle, or other motorized or nonmotorized conveyance, or from one’s person at any location other than a building or structure constructed on a permanent foundation which is rented, leased, or owned by the person selling, offering to sell, or soliciting for sale. f. "Sidewalk vendor" means a vendor who sells upon a public sidewalk or other pedestrian path.
g. "Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
789
h. "Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location.
(Sec. 1, Ordinance No. 04-19, adopted March 26, 2019; Sec. 1, Ordinance No. 01-19, adopted January 8, 2019)

5.5.306 Permit Required.

Except as provided in Section 5.5.308, it is unlawful for any person to engage in the business of vendor, or to go from door to door or home to house or street to street for the purpose, direct or indirect, and whether or not the same is the sole purpose, of vending, without first obtaining a permit and paying the applicable fees as provided in this article. (Sec. 1, Ordinance No. 01-19, adopted January 8, 2019)

5.5.308 Permit Exceptions.

The following persons and entities shall not be required to obtain the permit required by Section 5.5.306:
a. Persons soliciting orders from, or selling to, retail dealers for use, or for resale or to manufacturers for processing;
b. Persons with a valid permit issued pursuant to Article 2 of this chapter and operating pursuant to the terms of that permit;
c. Public agencies, such as Federal, State or local agencies supported by tax funds; d. Any person operating a regular route not less than once a week for newspapers or such goods as egg, dairy or bakery products, or for laundry or dry cleaning services; e. Persons delivering or soliciting for a newspaper of general circulation; f. Licensed real estate persons;
g. Persons solely distributing literature, writings or merchandise which seek to inform or persuade the listener to support particular causes or particular views on economic, political or social issues;
h. Persons solely soliciting signatures for referenda, recall, initiative, candidates for public office or similar electoral processes; and
i. Persons soliciting funds for any religious, patriotic, philanthropic, social service, environmental, fraternal, or charitable purposes.
(Sec. 1, Ordinance No. 01-19, adopted January 8, 2019)
790

5.5.310 Permit Application.

The Finance Director shall proscribe the forms and procedures for applications for a permit under this article. The forms shall indicate the fee for the application, the fee for the permit and the insurance requirements of this article. The application shall be verified and shall set forth:
a. Name, birth date, driver’s license or other identification number, and description of the applicant;
b. Permanent home address and telephone number, and local address and telephone number of the applicant;
c. The name and address for the applicant’s business, his/her interest in or relationship with such business, and if the applicant is employed, the name and address of his/her employer together with credentials establishing the exact relationship between the applicant and such employer;
d. A brief description of the nature of the applicant’s business and of the product or service to be peddled, solicited or vended;
e. The length of time for which the permit to peddle, solicit or vend is desired; f. A statement whether or not the applicant, employee or agent has been convicted of any felony or of any misdemeanor involving injury to person(s) or property, theft, fraud, or misrepresentation within five years;
g. A statement whether or not the applicant has failed to pay any judgment arising from or connected with the activities authorized by the permit; h. A statement whether or not the applicant has suffered revocation or suspension of any required permit;
i. A statement whether or not the applicant has failed to pay any business license fee or tax imposed by the City of Oakley;
j. A picture (of passport quality) of the applicant and any agent, employee or representative who will engage in soliciting or peddling activities, for inclusion on the identification card; and
k. Other information the Finance Director deems necessary to process the application. (Sec. 1, Ordinance No. 01-19, adopted January 8, 2019)

5.5.312 Permit Issuance.
791
a. The Finance Director shall refer the application for the permit required by this article to the Police Chief, Community Development Director and other appropriate City officials for investigation and report as necessary. Upon receipt of such reports, the Finance Director shall issue or deny the permit within thirty (30) days of receipt of a completed application.

Each permit so issued shall state on the face thereof the date of expiration. b. A permit may be denied by the Finance Director on the following grounds:
1) The applicant, employee or agent has been convicted of a felony or misdemeanor involving bodily injury to persons, theft, fraud or misrepresentation; 2) The applicant has violated the provisions of this article; 3) The applicant has violated any other provisions of this title; or 4) The applicant’s permit has been previously revoked as provided in this article. c. The Finance Director shall notify the applicant of the denial by depositing written notice of such decision in the first-class U.S. mail, postage prepaid, addressed to the applicant, not later than ten (10) days following the date of such decision. A notice of denial of an application must contain a statement of the facts upon which the denial is based and must contain a statement of the appeal procedure contained in Section 5.5.322. d. All permits issued under this article shall be in the form of an identification card, which shall include a photo of the permittee, in a format prescribed by the Finance Director. (Sec. 1, Ordinance No. 01-19, adopted January 8, 2019)

5.5.314 Permit Use.

Peddlers, solicitors, and vendors shall comply with the following:
a. Display. Every applicant shall be issued a permit to be carried on person and exhibited on request by any person to persons they deal with and shall at all times carry the permit issued hereunder and exhibit it on request to any police officer or designated City official. b. Activities Creating Nuisance. No solicitor, peddler or vendor, in the course of activities regulated in this article, shall create any public nuisance or disturb the peace and quiet of the neighborhood by the use of loud noise, brilliant lights, or any other actions constituting a public nuisance.
c. Restricted Premises. No person shall peddle or solicit at any premise which are posted with a clearly visible sign bearing the words "No Peddlers or Solicitors" or words of the same import.
792
d. Hours of Operation. It shall be unlawful for any person to enter upon any residential premises for the purpose of contacting the occupant between 5:00 p.m. and 10:00 a.m., unless that person is invited by or known to the occupant. It is unlawful for any permittee to conduct any activities regulated under the provisions of this article between 10:00 p.m. and 5:00 a.m.
e. Transfer Prohibited. It is unlawful for any person other than the permittee to use or wear any permit issued under the provisions of this article. f. Location of Permitted Activities. No person shall peddle, solicit or vend in any of the following places within the City:
1) Within five hundred (500) feet of the closest point on the property line of a school serving students eighteen (18) years of age or younger; 2) Within three hundred (300) feet of the closest point on the property line of a public park or public playground, except upon a public sidewalk or pedestrian path; 3) Within three hundred (300) feet of the closest point on the property line of a municipal recreational center, except upon a public sidewalk or pedestrian path; 4) Within one hundred (100) feet of any street intersection; 5) At a location where space for pedestrian passage will be reduced to less than six feet; 6) On any sidewalk or street adjacent to a curb which has been designated as a white, yellow, blue, or red zone;
7) Within fifteen (15) feet of any crosswalk, fire hydrant, or driveway; 8) Within one hundred (100) feet of any public transit bus stop sign; 9) On landscaped areas of public property;
10) Within five hundred (500) feet of any City-permitted activities, including but not limited to construction related street or lane closures, special events, swap meets, filming, festivals, or farmer’s markets;
11) Within the roadway, medians, pedestrian islands, and bikeways; 12) Directly in front of any building or within twenty (20) feet of the entrance or exit from any building;
13) Stationary sidewalk vendors are prohibited from operating within all residential zones. 793
All leagues that have reserved by permit a public park or facility shall be exempt from subsections (f)(1) and (10) of this section and shall be allowed to vend only within the space reserved and in compliance with the provisions of the remaining subsections of this section. Leagues are allowed to conduct vending services or allow for another vendor to conduct vending services only during the time that the public park or facility has been reserved for such leagues. Leagues must obtain written permission from the City Manager or his or her agent prior to allowing another vendor to conduct vending services during the time that the public park or facility has been reserved for such leagues.

The vendor designated by the leagues is required to obtain a permit from the City before conducting vending services for the leagues. Leagues shall be responsible for obtaining all necessary licenses and permits. Leagues or other vendor(s) shall provide their own water, electricity and garbage disposal. Alcoholic beverages may not be sold or provided. In the event cooked food is to be provided, the provisions of Section 6.5.124 shall apply.

Any vendor operating pursuant to this provision, and any league authorizing any vendor, shall hold the City of Oakley, its employees, agents, officers, and officials harmless and free from any liability, and shall defend and indemnify the City, its employees, agents, officers and officials from any claim, demand or lawsuit brought with respect to any such vendor operation.
g. Display. Permittees shall not display any products for sale or advertisement on fences, walls, trees, signs, or any other permanent structure.
h. Waste Receptacles. Permitees shall provide waste receptacles for the business customers’ use.
i. Compliance with Law. This article may not be the sole source of regulation of the activities permitted under this article. Permittees shall comply with all State and Federal laws and all local ordinances.
j. Insurance. Every permittee shall obtain and maintain in full force and effect insurance of types and amounts established by the Finance Director.
(Sec. 1, Ordinance No. 01-19, adopted January 8, 2019; Sec. 1, Ordinance No. 15-13, adopted October 8, 2013; Sec. 1, Ordinance No. 01-11, adopted January 11, 2011)

5.5.316 Fees; Terms.

All applications for permits under the provisions of this article shall be accompanied by an application fee. No application fee paid under this article shall be refunded. All original permits and renewals granted under this article shall also require a fee. All permits issued under the provisions of this article shall be valid for one year. A permit may be renewed by 794
the timely payment of a renewal fee prior to the expiration of the permit. All permits shall cease and terminate thirty (30) days after the default of payment. Any permit that has terminated pursuant to this article shall require the filing of a new application for a permit under this article. No permit fee paid under this article shall be refunded. Such fees shall be established by resolution of the City Council.
(Sec. 1, Ordinance No. 01-19, adopted January 8, 2019)

5.5.318 Violations.
a. Each and every violation of the provisions of this chapter is hereby deemed unlawful and a public nuisance. Each and every violation of the provisions of this chapter shall constitute a separate violation. Each day a violation is committed or permitted to continue shall constitute a separate offense.
b. Any person that causes, permits, aids, abets, suffers or conceals a violation of this chapter shall pay an administrative fine not exceeding $100 for the first violation, an administrative fine not exceeding $200 for a second violation within one year, and an administrative fine not exceeding $500 for a third violation within one year. Any subsequent violation of this chapter within one year may result in the suspension of a permit issued under this chapter pursuant to Section 5.5.320.
c. Any person that causes, permits, aids, abets, suffers or conceals a violation of Section 5.5.306 shall pay an administrative fine not exceeding $250 for the first violation, an administrative fine not exceeding $500 for a second violation within one year, and an administrative fine not exceeding $1,000 for a third and any subsequent violation within one year.
d. When there is determined to be an imminent threat to public health, safety or welfare, the Finance Director may take immediate action to suspend a permit issued under this chapter and give the permit holder a written notice in person or by mail of the suspension.

The notice must contain a statement of the facts upon which the Finance Director has acted in suspending the permit. The notice must contain a statement of the appeal procedure contained in Section 5.5.322.
e. The City shall provide any person receiving an administrative fine with notice of their right to request an ability-to-pay determination. The City shall make available instructions or other materials for requesting an ability-to-pay determination. The Finance Director, on request of a cited party, must consider the cited person’s ability to pay. A cited person may request an ability-to-pay determination at any hearing on the citation, or at any time while the citation remains unpaid, including when a citation is delinquent or has been referred to a collection program. Based on the ability-to-pay determination, the Finance Director, may 795
exercise their discretion to provide for payment on an installment plan, allow the cited person to complete community service in lieu of paying the total fine, suspend the fine in whole or in part, offer an alternative disposition. If a cited person has already had an abilityto-pay determination on a citation, a cited person may request a subsequent ability-to-pay determination only based on changed circumstances.
(Sec. 1, Ordinance No. 01-19, adopted January 8, 2019)

5.5.320 Suspension.

Whenever it is shown that any person to whom a permit has been issued has caused, permitted, aided, abetted, suffered or concealed a violation any of the provisions of this chapter four or more times within one year, the Finance Director shall immediately suspend the permit and give the permit holder a written notice in person or by mail of the suspension. The notice must contain a statement of the facts upon which the Finance Director has acted in suspending the permit. The notice must contain a statement of the appeal procedure contained in Section 5.5.322.
(Sec. 1, Ordinance No. 01-19, adopted January 8, 2019)

5.5.322 Appeals.

Any person aggrieved by the determination of the Finance Director to deny the issuance of a permit, to suspend a permit, or to challenge an "ability-to-pay" determination may appeal such decision to the City Manager. Such appeal shall be taken by filing a written notice of appeal with the City Clerk within ten (10) days of the date of the decision to deny or revoke and shall set forth the grounds for the appeal. A failure to file a timely appeal shall render the decision to deny or suspend a permit, or the "ability-to-pay" determination final. The City Manager shall set a time and place for a hearing on the appeal within ten (10) days of the filing of the appeal. The City Manager’s determination following the hearing shall be in writing and shall be sent to the permit holder. The decision of the City Manager shall be final and conclusive.
(Sec. 1, Ordinance No. 01-19, adopted January 8, 2019)
796

STAFF REPORT