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[Gavel bangs] >> Good evening the regular order is called the meeting at 6:30 p.m.. Please call the roll. [Roll call] >> Would you please stand for the Pledge of Allegiance to the flag? I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. >> At this time we will take public comments come on items not on the agenda. Do we have any? >> We have no hands raised on Zoom chair. Moving on then Come I will ask for a move to the consent calendar. >> I will make a motion to approve the consent calendar. >> I will second. Please take a vote. [Members voting] >> Motion passes. Three zero. >> We now move to public hearings. Item 4.1. Bridgehead. Mr. Corbyn please. >> (Indistinct) >> I'll right how is it now? Perfect. Thank you commissioners. It will just take a moment to get the presentation up. I want to thank Rob for Manning that spot. I'm a first time presenter up at this podium with you gentlemen. I appreciate it. I won't take too much advantage of the public space up here. All right. Thank you. Tonight's item, this first item is 5540 Bridgehead Road. A and p m. Conditional use permit for the sales of distilled spirits. Project location is up in the Northwest side of town. If we get closer in -- we have Main Street and Bridgehead Road. And then highway 160 there, to give you a reference point. We have the field station come outlined in yellow. 5555 40 Bridgehead Road. 10 a.m. P m. Convenience Mart. Arco Fill canopy. General plan designation is commercial. Zoning is also commercial. 1.31 acres. Operates 24 over seven. It currently sells beer and wine. It has a license to do so. For the project description -- the applicant is seeking approval of a conditional use permit, to sell distilled spirits alongside their existing offerings. In their application -- in their application, the applicant states that the alcoholic beverage industry has shifted towards the sale of pre-mixed drinks. From nationally recognized brands. According to the applicant -- these products typically have an alcohol content similar to beer. Sometimes higher. And generally, lower than wine. We don't just like to pass that straight on to you. We like to review it. We found that with some research -- that was consistent. We agreed with that description. Heroes on the right, the applicant provided a diagram, so you can get an idea of what some of the nationally recognized brands are. And what their alcohol percentage has come in at. In relation to typical offerings that are already at The a MPM. All right. Why is it here why is it here? Convenience stores that sell distilled spirits for off site consumption, have generally been interpreted as liquor stores, under the omq, the Oakland Municipal code. They have required a conditional use permit, to establish their use in Oakland. Here's a floor plan. If you Zoom in, the right side is zoomed in. You will see -- the pre-mixed drinks from nationally recognized brands -- those will be out in the floor. The typically accessible sales area. Next to the existing offerings. Any bottles of distilled spirits, those will be in a locked case behind the register. That's in red. It is over on the right hand side. As you can see, it's there behind the clerk's. All right. For our assessment of this application. Sorry. Our analysis. The proposed project conforms to required findings to approval in the Oakland Municipal Code. Partly due to its limited scope, and due to the convenience store already being established. The required findings for conditional use permits are mostly related to new development of a parcel. A vacant parcel. And ensuring the quality site development. And that adjacent infrastructure is able to accommodate it. The limited scale of the proposed Distilled Spirit sales supports the required findings. Bottled distilled spirits be displayed within a 58 square foot area, behind the point of sale counter. The pre-mixed drinks would be displayed with other products come integrated into the existing store displays. All purchases would occur at the same point of sale counter use for other merchandise. This integration into the existing convenience store supports finding three -- because, a proposal would not change the essential character of the area. For environmental review -- Sequa does not typically touch applications like this. This is seen as existing facilities. It's not a significant expansion of the use of this building, as a convenience store. Staff found this consistent with our municipal code. Similar to the last few gas station based applications like this. We recommend the Planning commission adopt a resolution approving 5540 Bridgehead Road a MPM, sales of distilled spirits conditional use permit, s condition. I can answer any questions you have. The applicant apologizes. They couldn't make it tonight. They're here via Zoom. And, I said I would save. This is our second time doing Zoom. I said I would save them any embarrassment, if we have any technical issues. I will just repeat what they told me, that they wanted to say that they agree with the conditions of approval. They appreciate you hearing this application. They feel this staff report covers it. But, they're happy to answer any questions you have. They should be on the line on Zoom. Thank you >> Thank you. Any questions from the commissioners? >> I just have one question. I assume from the staff report I saw dash Police Department did support the PCN finding here? I didn't see anything just categorically, police had no issues with site specific alcohol. Or issues without site. >> Yeah. I was walking from dinner. I was like. Oh. I left that out of the Powerpoint. Thank you for that question. Yeah. I think our first application like this -- we didn't write it to the police department. Should not have slipped my mind and the commission has asked that we do that. Each application, the last four -- including this one -- have been routed to the police chief says they don't have any concerns. The other thing is come we check the Overconcentration like you mentioned. Census tracks can get over concentrated with licenses. This one has had too many licenses for decades. If you think about it, Main Street has a lot of places you can buy alcohol. This one is not a concern. One working with the police department. It's going to replace its existing license. That's a good question. Thank you. >> Thank you. [Indistinct conversation] I I would make a motion to approve. >> Second. Commissioner [Members voting] >> Motion passes. >> Moving to item 4.2. Bridgehead business Park properties . Mr. Gorman. >> All right. You have me again here, chair. Thank you commissioners. This is Bridgehead business Park properties. Sorry I'm going to turn around, and see if my applicant is here? Perfect. Thank you. Perfect. Tonight is Bridgehead business Park properties. It is a general plan amendment and rezone. We are in the same area, coincidentally. If we Zoom in -- we have Wilbur Avenue and Bridgehead Road. Off screen --. Is Petco warehouse. At the Oakley Logistics Center. These are three parcels. They total about 1.3 acres as well. Do you mind if I do the next slide? I'm having trouble. Thank you. You got it. That's perfect. Thank you. Here is their current general plan land use designation. Those three parcels are that small darker blue. That's business Park. As you can see, they sit within a sea of light industrial. That lighter baby blue. All right. The parcel closest to the corner is 6001 Bridgehead Road. It's the largest building. My understanding is that it has two tenant spaces. G and M marble is a marble countertop supplier. It's been there for a while. And then, they're looking to have auto repair in the other tenant space there. That building has existed -- all these buildings we're going to talk about tonight come I've been around since before the city incorporated. All right. The middle parcel is 6113 Bridgehead Road. This is what it used to look like. Right now comet has a contractor on it. Luma builders. They're in a code enforcement process -- the business park zoning does not allow them. Right now if you were to go out there you see contractors yard. Appropriately -- should they be allowed -- they have screened this whole. You can't see the fence anymore. The equipment is properly screened I'm sorry I don't have an updated picture. Then the last parcel -- 6115 bridgehead road. Again, stereotypical industrial roll up doors on this building in that trailer there. So all three of these property owners have applied together. What have they applied for? Applicant's request approval of a general plan amendment come up for the three subject parcels. The General Plan amendment would designate the properties from Business Park, their current designation -- two light industrial. And the rezone would change their zoning from Business Park low, to light industrial as well. There you would see how the colors would change. It would match the Oakley Logistics Center across the street. The general plans light industrial designation, if approved -- it provides for limited fabrication. Manufacturing. Processing. Packaging. And Assembly. Wholesale. Distribution warehousing. Storage. Vehicle. And machinery repair. And similar compatible activities. The designation does not allow heavy industrial uses that emit significant amounts of smoke, noise, light, or pollutants. It also directs that uses incompatible with residential development, because of noise vibration or similar characteristics -- not be located where they may affect existing or future residences. The nearest residences are -- they are down the road at Sandy point. Which is closer to Main Street. It's pretty distant. The applicant's reasoning diminished market demand exists for small light industrial rental spaces. Light industrial uses could support nearby businesses. This is the applicant talking. Including the Oakley Logistics Center. The, one of the property owners recently bought the property, thinking they could open a light industrial business that could support the logistics center. Like repair of vehicles. Things like that. Prospective tenants have been unable to locate on the property, because their operations are not permitted in the business park district. This, I can confirm. I feel I have denied a lot of business licenses for these properties. Because they just don't fit the list of allowed uses under the business park. Applicant's report limited market interest in some business park uses. I believe the ally designation better reflects current demand for some of the business park uses are like copying facilities. Things meant for a business park. They are having trouble finding folks with those businesses. The scope of the request -- no changes are proposed no physical changes are proposed to the site at this time. The application does not include a site plan or building plans. It's just a change in the zoning, in the general plan. Approval would change those. They would authorize construction or approval of any physical modifications. Future development or exterior changes would still be subject to applicable city review and permitting requirements. Including design review where required. The contractor's yard at 6113 bridgehead road, could be established. Should this get approved. They could move forward. The code enforcement case would be dropped. All right. For our analysis -- we find the light industrial designation fits both the existing development on the site, and the character of the surrounding Bridgehead Road corridor permit the site is surrounded by light industrial uses come with the nearest residential use approximately one third.. A third of a mile away. The light industrial designation places employment generating uses near major arterials and freeway access. Consistent with the General plan. The designation prohibits heavy industrial uses. Requires compatibility with surrounding properties. The amendment would support reuse of existing employment sites for compatible light industrial businesses. In terms of the rezone findings -- the existing buildings were developed under county entitlements commenter suited to the industrial occupancy. The three separately owned parcels total 1.36 acres common or not well configured for the coordinated Business Park campus envisioned by the current designation. Light industrial businesses can occupy the existing buildings with substantially less redevelopment. Approval would allow the existing buildings to be occupied by compatible light industrial businesses, while continuing the established pattern of logistics, utility, transportation and storage uses in the bridgehead road area. The change would not preclude future consideration of a coordinated business park project, if the properties are assembled, and market conditions support redevelopment. If someone wanted to build a business park, they could bring any similar application to this one here. To change it back. Environmental review. We brought this to the commission in the past, because -- you know it's interesting. General amendment. It looks like you just changed the colors on a map. You have to analyze the environmental effects of that. It's expensive. It takes a while. And so -- part of that, as developing an initial study and negative declaration. The initial study evaluated 21 environmental topic areas in appendix G of the sequel guidelines. It concluded that the project would not have significant effect on the environment, and that a negative declaration is the appropriate environmental document. No mitigation measures are required. No mitigation monitoring and reporting program is necessary. It's rare that you see that in here. It's because they're not proposing new development. A notice of intent to adopt a negative declaration was circulated for public review. Comments were gathered. We were open for comments from June 10th through July 9th. We didn't receive any. We filed the NOI with the county clerk and the State Clearinghouse. Staff recommends the Planning Commission adopt the proposed resolution, recommending that the City Council adopt a negative declaration, and approve the project titled Bridgehead Business Park Properties. If you were to do so it would go on to the City Council for review. I can answer any follow up questions you have. My applicant feels the presentation speaks for itself you have questions for one of them, I believe they're happy to answer them. Thank you. Any questions from commissioners? >> Since staff is recommending, I assume the answer is yes. I just want to confirm that staff is comfortable with -- we talked about contractor use. Correct? Potential auto repair. General contractor. I assume the full range of light industrial use -- there's no concern about any other potential uses in the future under that? >> Yeah. I think this recommendation comes with one of the attachments is the list of allowed uses in light industrial. We are recommending approval of the rezone. I would say we are comfortable with that list that is accommodated by the zoning code. >> Thank you. >> I will now open the public hearing for this item. Seeing no speaker cards have come forward -- any online comments? >> There are no online comments. >> We will now close the public hearing. With any commissioner like a motion to adopt this resolution? >> I will second the motion. >> Clerk. Please. [Members voting] >> Motion passes. >> Moving to item 4.3. 5279 near Raleigh Road appeal. Mr. Gorman. You were on the stage again. >> Thank you. This is the last one. It is serious. We don't take this one lightly. This is 5279 Neroli Road appeal. All right. We will start with the lay of the land. We have neroli Road there. Cutting through the middle of the image. Wrapped around. We have main street up at the top. And then the subject property is there. Outlined in yellow. We will get you a closer look. All right. Here's a closer look. From the four 2025. I wanted to get some dimension to it. The home from before 2025 is highlighted. Outlined in yellow. Sorry. The nearby uses are mixed . Let's see. The parcel is between Elmwood Neroli. Those are the two in this image. They're all zoned in industrial. You will see a mix of actual uses. Legal nonconforming homes. And then, you will see the roll up doors com and the larger buildings which are industrial uses like mechanics. This property is designated light industrial in the general Plan. It is zoned L I. Light industrial. This light industrial zone does not permit new residences. Because the subject residence predates the city's incorporation -- this city recognizes it as a legal nonconforming residential use, with any nonresidential district. This means the residence may continue to be used, even though single family homes are not permitted in this light industrial zone. I hear the permit counter come even though we don't use this term, you will hear it grandfathered come as the term. You know? That has some regulations tied to it. Cities have sections of code that handle these situations. You have a use that existed before a own was changed. It was housing. It gets rezoned to light industrial. In order to regulate that -- add a section of code for legal common uses. Just generally nonconforming uses. A part of this code that we will cover tonight -- applies R-6 residential zoning standards to the legal nonconforming residents. Said otherwise permitted residential activities and improvements such as sheds and household pets -- remain regulated. While expansion or intensification of nonconforming residential use remains prohibited. The code will say -- use R six for building a shed. Limiting the number of cats or dogs on a property. It will say come on please don't expand the use. What does expansion what does expansion or intensification mean? The city's nonconforming use regulations allow the residential use to continue, while limiting its expansion or intensification, so that the inconsistency with the current zoning is not increased. And the property may ultimately transition to a use permitted within the light industrial district. Expansion or intensification is defined in the code section, as an enlargement, addition, relocation, repair, remodeling, increase the number of dwelling units or rooming units -- any increase in occupancy or tenants -- change in use. Or, any other change in an activity or facility. The purpose -- of this section -- it says the intent of this ordinance is to prevent the expansion of nonconforming structures and uses come into amortize them over time. All right. This became a code enforcement case, when it was found an unpermitted addition was built at 5729 narrowly Road. Here is a February 2012 image from Google Earth, of the original home. And then the November 2025 image. You see there's a large addition built to the south of. This became, like I mentioned this became a code enforcement case. Here is another image from the code enforcement case. You will see the exposed. You will see the red is the existing home. And the exposed plywood there is the addition under construction. This this culminated in a zoning administrator determination. You know. What are the next steps with this unpermitted addition. We could not find record in county permitting or city permitting. The zoning administrator issued a determination on June 8th 2026. The existing residents may continue as legal nonconforming use. Just because something gets resolved, does not mean you get evicted. You get to live in your property as it is. The municipal code prohibits expansion or intensification of non-conforming residential use. Unfortunately. The unpermitted attached addition constitutes an expansion of the residence and cannot be permitted. Unfortunately. The owners were directed to coordinate with code enforcement on the code enforcement process. Which is usually abatement. Sometimes they will end up being recorded on to the title of the property, until it is abated. The title will be clouded until abatement. Returning the home back to how it was in the previous images. Additionally -- the homeowner and the representative mentioned a future Adu. It was included in the determination that that would increase the number of dwelling units come in likewise constituted a prohibitive, prohibited expansion on intensification. An appeal an appeal was filed on June 11th. Supplemental memo was submitted on July 6th. From the homeowner and their representative. The Planning Commission -- the way this works -- the Planning Commission conducts a Novo review a fresh review. They are not bound. You are not bound, by the zoning administrator's analysis or conclusions. The Commission may independently review the record. Interpret the municipal code. And, reach its own conclusions. By a majority vote -- the Commission may affirm, reverse, or modify the June 8th determination, based on findings of fact Protective Planning Commission's decision may be appealed to the City Council within 15 calendar days. The appellant and the representative are going to have a chance to speak to you. Just to quickly summarize as naturally as possible. The appellants memo mentions OMC 9.1.1502 D two. It states that it should allow the residents to use R development standards for setbacks, height, lot coverage, and related improvements. It should accommodate the addition. Here's that section. I'm going to take some water before I read this. Thank you. A non-conforming residential use any non-conforming residential structure comedy nonresidential zoning district, may continue to be used as a residence subject to the requirements of the R zoning district. There's a mention of multifamily. That does not apply here. Until such time as the building is amortized, condemned, removed or converted to a conforming use. If a, this next part is about fire damage which does not apply here. Finally come expansion or intensification of the nonconforming use is prohibited. Additionally, the memo states that compliance with R-6 standards provides a basis common the appellants view, to permit residential construction, despite the zoning and legal nonconforming status. A future Adu should be allowed under R-6 standards and state aid EU law. You may review attachment four. Anyone in the audience or at home can review attachment for from the complete supplemental memorandum. All right. For staff's analysis on this appeal application -- what section -- what the OMC section does and does not do. The section allows the existing residents to continue, the 1944 home is not being amortized. The original home can stay as a home. The R-6 reference applies to standards for work that is allowed, such as a shed. Not in addition. It also regulates things like household pets. It does not raise on the Allied parcel, override the prohibition on expanding the non-conforming residential use. Excuse me. The same subsection states -- expansion or intensification of non-conforming use is prohibited. Detached construction qualifies as both enlargement and in addition. This reading is consistent with the ordinances stated intent to prevent suspension of non-conforming structures and uses. This ordinance doubles down on that. Line seven. Restates the same prohibition independently. Line seven by self states expansion or intensification of non-conforming uses is prohibited. We cover the definition. Includes additions or enlargements. Again, the purpose of the ordinance is the intent -- to prevent the expansion of structures and uses. And to amortize them over time. That is not taking place here. Is just the purpose over time. The code does permit expansion where it intends to permit in a separate case from this. Notably -- there's a section that expressly allows certain underutilized single family residential unit uses, to expand in residential districts. This is a different situation. When the code does want expansion -- it says that. The code permits expansion where it intends to. Does not do so for non-conforming residential use come any nonresidential district. Which is the case here. To summarize, the Commission reviews the June 8th determination date Novo. The question is whether the municipal code allows the addition. The proposed Adu under the current zoning and nonconforming status. Building permit process, amortization, future zoning, and cups, or not the decision tonight. Staff recommends that the Planning Commission deny the appeal, and affirm the zoning administrator's June 8th, 2026 determination concerning 5279 Narrowly road. As modified by the resolution. Like I mentioned -- we don't take this lightly, due to it being someone's residence. We have met with the homeowner and the representative to try to explain all of this legal ease here. So that no one is left in the dark. We're happy to answer any questions the commission has. Both right now, and after the appellant speaks. We have received communication from the appellants representative over the last several days those communications characterized our position in a way that does not align with our understanding of it. I want to affirm that our staff report and the presentation here come represent our position. If it gets murky, please feel free to ask me any questions. I will likely go back to this presentation. I'm happy to answer any questions please this commission you can invite the appellant or the representative. I believe they are provided after ten minutes to present. Thank you commissioners. >> Any questions from the commissioners? I do have >> I do have a few questions. Would like to ask Mr. Cole it's appropriate. I want to make sure that I understand these ordinances correctly. Thank you. I really appreciate you breaking it down. I want to make sure my understanding of a few of these is correct I apologize I'm probably repeating some information I want to make sure I understand. My reading is my understanding of 9.1.1502 D two -- it allows the existing nonconforming residents to continue, but it does expressly prohibit expansion or intensification of that nonconforming residential use is that the correct way to understand yes you're. >> Okay. Just as a follow up to that. The code defines the expansion intensification. Concludes an enlargement come additions come or increase the number of dwellings or units. I want to make sure I understand the exact is an expansion of the code separated would increase the number of dwellings -- therefore, constitute and expansion intensification of that existing residential units? >> Hundred percent correct. >> Okay thank you. One last question -- I'm sorry for being a little detailed here I want to understand correctly. R six tells us that developmental standards apply to residential work, that is otherwise legally permissible. They don't override the prohibition against expanding nonconforming residential use. Correct. That's not a reasonable reading of the R-6 language. Those are the three questions I had. >> I'm in full support of staff's position. Legally, we cannot allow this expansion. That would expressly violate our code. >> Thank you. Appreciate it. >> Any other questions from the Commission? >> Just one. I'm looking at the paper they have. They mentioned we do not address 1502 C4? Does that have any relevance to what we are discussing? >> (Indistinct) >> Mr. Cole. >> I will now open the public hearing. Would the applicant like to provide any comment? >> I have a quick question for Mr. Cole. Did you get the paper? >> Yes. (Indistinct) >> I think I can answer. I may be able to answer that question. [Indistinct conversation] >> May I ask Kevin if you can come back up to the podium? I don't have the entire code in front of me. There was a response in the zoning administrator's findings. Inadvertently referenced a section in the code . I believe it was for, kind of the opposite situation? It was a reference of the code section. The other sections were also referenced in that area. The ones that have been covered tonight. If I'm not mistaken, that part for may refer to nonresidential uses and residential zones. Kind of a different situation. Which also includes prohibition to expansion or intensification. I believe that was called out. We have since cleared that up in our communications with the appellate. They may be what you're referring to. I would ask them to confirm consistency has all of that open. I think there was a part in the staff report did you say C4. Did you say c4 or d4? C4? I'm talking about d4. I apologize. >> Yeah. I would be happy to take a look at that. I believe it was addressed in the staff report. I will review that. Maybe after the appellant speaks on the issue -- I can answer the question for you. Thank you Commissioner. >> Would the applicant like to come forward and provide comment please? >> Yes please. I thank everybody for your time. This is not an application for anything. That is absolutely correct. We were just looking to merely acknowledge municipal code -- two then taken to our design. To see if there was a cure for the unpermitted structure, which is what we were looking to do and get it to conforming. There is. I appreciate the time. They've been generous with their time. I've been very grateful for. With that said, on the same article 15 -- enacted in its entirety. It all speaks to this subject. Nonconforming uses. It separates them. Nonconforming structures correct nonconforming uses. We would not be expanding or intensifying our use. It's stay R6 which are governing use . Not so long ago. Have gained that acknowledgment from city staff. Are you kidding me? No. We are not looking to intensify the use. We're eager to abide by it. That same article 15 section C1 -- says conformity with applicable laws. Meaning there is conformity and nonconformity. This conformity allows for all work performed on nonconforming structure shall be pursuant to a building permit permit meet all requirements of this ordinance. And all city codes. That's our R6 governing standards that we've identified. And so w dash this property is a particular case that can actually meet conformity with its use. If the land wasn't adequate to meet the setbacks for the building standards of R6 governing standards -- yes. We cannot intensify or expand our use. That would be us trying to do something that the code itself does not support. There's conformity in legal nonconformity. That is what we are looking for. The staff to acknowledge it. And to define its meaning. Otherwise -- that comment that was said -- otherwise permitted work per building standards -- it's a very sophisticated comment. Passing the whole article. Even the conforming part of it. Even for those parcels and structures that can meet conformity. We are merely trying to get our structure to meet conformity with its use. Not beyond it. We have just gotten that acknowledgment. R6 governing standards is our use. That's it. I will take questions. We're not looking to expand our use. Let that be clear. We're not whatsoever. We're just merely looking to abide by it. The municipal code does not describe any other instance of restricted R6. There isn't. There is no definition to restrict R6 -- which is what somehow is being prescribed to us. Secondly -- the order of abatement that was issued on the property -- there is a new process for abating nonconforming process. Properties. It starts the amortization process on that. This could have some very heavy consequences and implications. Possibly jeopardized. Mr. Nonconforming status on his property in general just by following the prescription of city staff. Abating the unpermitted structure -- without considering there is a care. And -- the same ordinance that you guys have just acknowledged -- where it talks about our governing standards -- allows for us to either -- allows for us to convert it to our conforming use permit what does that allowed use if not conforming? That's a conformity -- this same article was talking about on section C one. And establishes it on the beginning article. Its purpose to establish regulation related to nonconforming structures. And uses. It's two distinct things. And uses. And establish conditions under which non-conforming structures may be maintained come restored come replaced come repaired, altered, changed, expanded, or amortized. We are not looking to expand beyond our use. We're eager to abide by it. We just found out from our governing standards R6 governing standards. We initially engaged city staff, to try to find a remedy to this how can we get to compliant? Like I said -- we agree to abide by it. It every single building in that parcel to abide both by those governing standards. We just need acknowledgment of it. We haven't had that acknowledgment. Nor clarity. It's been very cryptic. Otherwise permitted work. What is the otherwise permitted work? If not that. The article defines as conformity. I will take any questions. That is all I have to say. >> Any questions? >> I can hand these out. These are the article 15 of the Municipal court. I brought three copies. [Indistinct conversation] >> Please. I plead for your consideration of the full enactment of the code. Verbatim. That is all I'm pleading for. Thank you. >> Thank you. I will now close the public hearing comment bring the matter back to the Commission for deliberation. >> Through the chair, I can answer Commissioner Gowdy's question comment if that's all right? Thanks for your patience. I take a look at the code section again. It covers repair and alterations of nonconforming residences in residential zones. Unfortunately it does not cover residences in nonresidential zones like light industrial. Thank you. >> Would the Commissioner like to make a motion to adopt a resolution? >> I will make a motion beforehand. I would just like to make a statement. Clearly, the code allows for the existing nonconforming residents to continue to promote the question is whether it creates a right to expand a residential element based on the answer Mr. Cole, does not seem like the code is very clear about what an expansion is. In this case, doesn't allow for it. I'll make a motion to deny the appeal. >> Second. Here. >> Yeah. Second. [Members voting] >> Motion passes. Moving to >> Moving to agenda item 4.4. Zoning text. Mr. Cortez. >> One second. All right. Good evening commissioners. My next item on tonight's agenda is zoning text amendments. For a housing element implementation. Policy action is 3.7. The city of Oakley is initiating a rezoning application. Proposing modifications to the Oakley Municipal Code sections 9.1, 0.06. The multifamily residential districts. To implement housing element programs. Policy Action 3.7. The city identifies additional zoning district for emergency shelters may be allowed as by right for permitted use. A little background. The housing element is required part of the general plan. 36 cycle housing element was adopted on May 9th 2023. Certified by H CD on May 24th 2023. Since adoption, the housing element, city has worked towards implementation of the goals and policy actions of the housing element. Identified in chapter eight. Titled Housing Plan. The housing plan identifies specific goals and actions come address housing needs. And to meet statutory requirements. Identifies three core goals. Production of new housing. Preservation of existing housing stock. And increase access to housing opportunities. To implement these goals to we have developed policy actions. Several of which require amendments to the Oakley Municipal Code. A compliance with policy actions 3.7. Requires zoning text amendment which we are reviewing today. The zoning text amendments will bring the applicable sections of the Oakley Municipal Code into compliance with state law. And in conformance with the housing Element. What is Policy action 3.7? Adequate emergency shelter sites. Policy 3.7 of the Housing Element requires the state identify an additional zoning district -- for emergency shelters would be allowed as by right. Currently -- the only site was identified was the Civic Center site. That site is now the library site. We are looking for additional sites apparently zoning district that we identified -- was a multifamily residential districts. The zoning text amendment might have amended that code section, to include emergency shelters consistent with government code section 65 583. To be permitted as by right. The action tonight -- exempt from Sequa. Pursuant to sequel guidelines section 576. Common Sense Exemption. We are not doing any land use changes we are not proposing any projects. We are just adding the use. Staff recommendation. Staff recommends the Planning Commission adopted resolution, recommending the City Council adopt an ordinance amending the municipal code section. The Oakley Municipal Code section -- the action is exempt from Sequa. Thank you. >> Any questions from commissioners? Or staff? Okay. I will open a public hearing for this item. Any hands raised on that >> There no hands raised online. >> Thank you. Now close the public hearing. And bring the matter back to commission for deliberation. Any commission would like to make a resolution to adopt this? >> I will make a motion to adopt it. >> I will second it. >> Clerk, will you please call roll? [Members voting] motion passes. >> Now move to the calendar. Reports from staff members. Any from staff? >> Good evening chair and members of the Planning Commission. I have three quick updates for you tonight. First one is just an update on the Planning Commissioner vacancy. Applications will be closing this Thursday at 5 p.m.. The interviews are set up to be held with a City Council Committee September 8th regular Council meeting. That term will run through February 28th of 2027. The second update is just an announcement for this Friday, coming up right here at Civic Center Plaza. Movies on Main Street from the movie to be played is the Wild Robot. Movie will begin at sunset. With activities beginning about an hour prior to that. The Recreation division will be selling popcorn candy and soda out of the snack shack, that's come I should say in the bathrooms. The same building as the bathrooms some of the activities will include giant Jenga. Cornhole. And tattoos music and more. Final update is just a reminder double the next regularly scheduled planning commissioners meeting will be held on Tuesday September 1st. At 6:30 p.m.. Thank you. >> Thank you. Do the commissioners have requests for future agenda items? Any reports from the commissioners? I will now move to item 7.1. Mr. Cortez. >> All right. Megan. Thank you. Here is the fun part. Tonight the next item on tonight's agenda is a work session for the Oakley Technical Zoning Code update. The goals for tonight -- we are very working on a process we are still kind of in fact finding information gathering stage. It is still early on tonight. They are not finalizing any details. No codes will be written tonight. No policy changes will be made tonight. Additionally, the commission is not making any decisions or recommendations of approval to the City Council tonight city council tonight. We're here to gather information and feedback from you. This shows a quick little time frame where we are at. We're in the community engagement portion of the code update. That involves talking to you all com and getting information from you all. Actually come our consultant is holding stakeholder interviews where they are interviewing a set number of stakeholders and getting information from them. Feedback from them and getting their opinion. Some background. You guys are planning commissioners. Let's go. What is zoning? A zoning code establishes rules for how land can be used and developed within the community. Guides the location, size, and intensity of development to support community goals. Can protect public health safety and welfare. Here's a pretty picture of a city. What zoning can and cannot do double zoning is a tool to implement the vision and goals for a community. Zoning can control the following. What types of uses are allowed or not allowed. And where. Development standards. Including building height. Setbacks. Lot coverage and density. City wide topics as well. Like parking and signs. And permit requirements and review processes permit zoning cannot alter other municipal code provisions or building codes. We cannot control the free market or dictate specific businesses. Some background. City Council updated the general plan through Focus General Plan update in January of 2022. After that, City Council adopt the strategic plan in 2022. Most recently the Housing Element in May of 2023 zoning code w a little old. It was originally adopted in July 1999. When we became a city. A lot has changed since then. We are looking to update it. Since 1999, we have done amendments, and additions. Not a major overhaul. The strategic plan SP 27 plus has goals, sub goals, and objectives. One of the objectives is to complete a comprehensive update of the city zoning code. That is to ensure consistency with the current and future vision for the City of Oakley. And the recently updated Oakley General Plan. I say recent, because it is still four years old. Some project objectives. We are hoping to implement the city's focused general plan update. The SB 27 plus. And, the six cycle housing element. For the zoning code update we are taking a targeted approach. This update is not to complete overhaul. We are looking to modernize land uses. Definitions. Provide clarity. Provide some flexibility. And reorganize our code. Make it more user friendly. We are also looking to ensure that our code is consistent with state laws. As part of the process we have identified, because it's not a complete overhaul. We have identified seven priorities. Which are in detail in your staff report. Priority one includes cleaning up the zoning code. We have a lot of outdated references -- sections of the code where they contradict one another. We are looking to clean up those sections. We are a little behind the times. We do not have a land use table. [Laughs] We are looking to create a land use table. Any resident -- they can look up their proposed land use. What the zoning is. You know come and find out quickly. We are looking to update definitions. Times have changed. We are looking to modernize those definitions, and make sure they cover any new trends or anything like that. Also look forward to the future. Make sure they cover that. Along with the updated definition -- we are looking to have new and enhanced land uses. We do have some outdated land uses. Like Evan previously mentioned in our business part of newspaper stands. And, magazine stands. Things like that. I am not sure when the last time you saw one of those one? We're looking to update land uses. We still land uses. Another priority we have is updates with -- updates for compliance with state law. We have previously brought many amendments to you all. With the hopes of keeping our code in compliance with the regulations. They are ever changing. Evolving. Here in the state of California. Another priority we have -- is the inclusion of past interpretations. Planners come we sometimes do have to make those interpretations, because -- we are not in the brains of the past planners who may have implemented this code originally. Sometimes don't know what they initially meant. We do have to make those interpretations. We are looking to bring those into the code. Seven. Targeted updates for modernization. 1999. I'm not sure if you guys remember where you were in 1999? I was still in elementary school. [Laughs] It was a while back. Next steps. Just to bring back the time frame. We're in that phase three. There's still a lot of time. We're estimating about 12 to 18 months for this entire process to conclude. As you see here. We will have a draft zoning code that we will present to the public. We present it to you. You also have the opportunity to comment. When we send it out to the public. You'll be able to provide your feedback. Let us know what you see. What you feel should change. Things like that. We still do have a ways to go. We are looking at July, August adoption. Next year. But -- you will see it. You do have a website as well. We will be posting updates. All the visuals. The graphics. To help the public understand what we are doing. And what we are not doing. Like I mentioned tonight -- we are here to receive planning commission feedback, on overall direction and priorities that you see fit. In the future, we will return to the Planning Commission. Bringing a draft zoning ordinance for your detailed review comment recommendation of approval to the City Council. Seek City Council approval. Move forward towards formal adoption of the zoning code. In September, we will be having a work session with the City Council as well. As I previously mentioned -- we are currently in our stakeholder interviews. Our consultant will come to the City Council meeting, and present what they found comment provide a presentation as well. Any feedback you guys have I welcome it will be taking notes and providing that to consultant as well. I believe they may be watching. Any questions? >> I two questions. One -- hyper specific. I think it's been on everybody's mind. Obviously come we were going through this issue with essentially what we are dealing with, with data centers. I'm curious -- if the new code update is going to incorporate whatever code that the city comes up with -- worked through this as a separate matter? Or is a zoning code going to look at any kind of unedited classification gaps? I know to totally separate processes. Is one watching the other? So we don't miss out. >> I think I can let Ken take this question. He was speaking to it earlier. >> That's a great question. Commissioner Ireland. We actually talked about this with our consultants today. And let them know about the recent joint PC.. The Joint Planning commission city council work session took place on data centers. We let them know of the guidance that was provided by the City Council. Our plan would be -- not just data centers. We do have other uses. As Jose had mentioned -- have been some interpretations throughout the years. There's also been something called unclassified uses. There may be a use someone proposes. It's not listed in the code. It's kind of really close to something in the code. There's a procedure that's actually in their zoning code -- allows us to make an official determination in writing to allow that use. It kind of becomes part of the code. It's not an actual zoning code text amendment. We don't put it into the code, per se. This update will incorporate all of those. Along with that -- whatever happens with the data centers moving forward -- we do want to specifically put that in the code. If for instance a ban is approved -- we would include that in the land use table that Jose had mentioned. Specifically calling that out. Including any definition that any future ordinance includes for that use in the zoning code as well. It would be kind of twofold. There would be a standalone ordinance. Adopted by the City Council. And the new zoning ordinance would also cover that as well. >> Thank you. >> You are welcome. >> Second more general question. One of the things I've noticed in my short time on the Planning Commission -- Oakley being a relatively young city, has a lot of legacy issues with land use. We saw a couple of them tonight. With two of our agenda items. I don't know if there's anything we can do to address that. Is that something that I guess I would just say is a comment consultants are taking into account? Again, we have a lot of legacy issues with land use here. I've noticed in my short time here. >> Yeah. As I mentioned earlier in the presentation -- we are not doing a comprehensive update. We are not rezoning. We're not changing land uses? We really just modernizing the uses we do have. You know, to encompass future trends or past trends . We're not going to change any of the existing uses we have, currently. That stuff. >> I'm sorry. Two questions. This is a follow up. What is the typical cycle for this type of check up, a review of updating zoning to be done by cities? How often is this (Indistinct) a city of our size? >> That ranges. Typically, when a city does a comprehensive general plan update -- some of the goals of the general plan will require your zoning code update as well. Other times -- if it's not part of the general plan -- if the city just looks to modernize with certain strategic plans like we did -- they would look to update the code. It really kind of varies. >> Thank you. >> I will add to that, really quickly. Zoning codes are much different than general plans in that regard . We do tend to see more zoning text amendments throughout time. Zoning code goes through this iteration type process. Constantly being updated. The reason for this is -- it was something that the council asked for specifically in SB 27 plus. From a staff point of view -- we have known. We have known this needed to be done for quite some time. We use the code every day. The planners use the code every day. It's something that we know needed to be done. We are really happy to have the council approve this in the budget, so we can move forward with it. Currently. I wouldn't say it's a 20 year or 15 year thing. It's normally ongoing. In this case, it's something we needed to do. >> Thank you. Appreciate the background. Thank you. Sorry. >> Going back off the data centers. If you put in a ban completely -- just say later on, data centers come back. They are making centers without using water now. Like, computers. Stuff like that. Would that bring back an issue? Not at all >> Not at all. The zoning code come or the ordinances -- they are changeable. Any future council may have a change of heart. Or, technology may improve. That topic or issue can always be revisited in the future. Ordinances -- that set in stone, until it's changed. No. It wouldn't be for eternity. If things change in the future -- the Council and Planning Commission at that time, can look at you making a changing etc.. >> Thank you. The next joint meeting we have will be with the council, discussing what? Minimum can you ask one more time? I'm sorry. The next joint meeting we have scheduled with the council? Another one coming up or is there another one coming up? Are we talking about >> Are we talking about the zoning code? >> No. I'm talking about the Planning Commission joint meeting with the City >> Oh yeah. The council did request a focused second joint workshop. We'll be updating both bodies on one that will be. >> It's not scheduled? We have not scheduled it yet. Officially scheduled it yet. >> Any other discussions? We don't vote on this. With that, meeting adjourned. [Gavel bangs]
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AGENDA REGULAR MEETING OF THE OAKLEY PLANNING COMMISSION Tuesday, August 18, 2026 6:30 PM Oakley City Council Chambers located at 3231 Main Street, Oakley, California 94561. Unless stated otherwise on the agenda, every item on the agenda is exempt from CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 and/or Public Resources Code Section 21065. Mission Statement: The City of Oakley will create a resilient future that fosters and attracts a vibrant and evolving community that welcomes and values all people. Vision Statement: The City of Oakley celebrates our unique Delta lifestyle and small-town feel where we Live in a safe, dynamic community, Work together to build the future, and Play in our own backyard. Agendas are posted in Oakley at Oakley City Hall, outside the gym at Delta Vista Middle School and outside the Library at Freedom High School. Agendas are also posted on the City’s website at oakleyca.gov. You can view reports on the City’s website at oakleyca.gov. You can also view reports in person at City Hall, 3231 Main Street, during normal business hours. Any other documents distributed to members of the Planning Commission regarding an item on this agenda are also made available in the lobby on the evening of the Planning Commission meeting. Pursuant to the Americans with Disabilities Act (ADA), the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance, please contact the City at least 48 hours prior to the meeting at 925-625-7000 or cityclerk@ci.oakley.ca.us. Meeting online Link: https://zoom.us/j/99746603565 Meeting call in telephone number: 669-900-6833 | Meeting ID: 997 4660 3565 (*9 to request to speak | *6 to unmute/mute) Online Participation: Members of the public may attend the Planning Commission meeting online via Zoom using the link above or watch the Planning Commission meeting at oakleyca.gov or YouTube. Technical difficulties may occur from time to time. The City will follow the adopted Technology Disruption Policy outlined in Planning Commision Resolution 9-26. 1
1. OPENING MATTERS 1.1 Call to Order and Roll Call of the Oakley Planning Commission 1.2 Pledge of Allegiance to the Flag. 2. PUBLIC COMMENTS 3. CONSENT CALENDAR Public Comments: Members of the public may address the Planning Commission on items of interest that are within the City’s jurisdiction. In compliance with the Brown Act, the Planning Commission may not take action or have discussion on any item that is not listed on the agenda. Public comment on items not listed on the agenda will be heard under the Public Comments section of the agenda. Public comments on items listed on the agenda will be heard as the Chair calls the item. Please note that public comments are limited to three (3) minutes. The timer on the dais in front of the Chair will change from green to yellow at one (1) minute and will turn red and beep at three (3) minutes. In person public comment: To provide an in-person public comment, please fill out a speaker card located in the lobby and give it to the City Clerk. Please indicate on the card if the topic is for general public comment or for a specific agenda item. The Chair will call speakers to the podium by name when the item is opened for public comment. Online Public Comment: To provide public comment via Zoom, connect to the meeting online at the link above. Use the Raise Hand feature to request to speak (*9 on a telephone) when the Chair opens public comment. The City Clerk will announce the names of online participants with their hands raised and invite each participant requesting to speak into the meeting as a panelist when it is their turn to speak. Once in the meeting as a panelist, unmute your microphone, turn on your camera if desired, and begin speaking. Once you are done speaking, the City Clerk will move you back to being an attendee. Written public comment: If you wish to enter comments into the public record, please complete the online public comment form by 4 pm the day of the meeting. Please keep cell phones/electronic devices turned off during the meeting. Please be advised that Planning Commission meetings are video recorded and attendees may appear on video. At this time, the public is permitted to address the Planning Commission on non- agendized items. 2
3.1 Approve Minutes from the Special Meeting held July 7, 2026 (Kim Snodgrass, City Clerk) 3.2 Approve Minutes from the Regular Meeting held July 7, 2026 (Kim Snodgrass, City Clerk) 4. PUBLIC HEARINGS 4.1 5540 Bridgehead Road AMPM Sales of Distilled Spirits Conditional Use Permit (CUP 2026-002)-Adopt a Resolution Approving Liquor Sales at the Subject Property (Evan Gorman, Associate Planner) California Environmental Quality Act (CEQA) Determination: Find that the project is exempt from CEQA under the “Existing Facilities” Categorical Exemption (14 Cal. Code Regs./CEQA Guideline. Section 15301 4.2 Bridgehead Business Park Properties (GPA 2026-01, RZ 2026-002)-Adopt a Resolution Recommending that the City Council Adopt a Negative Declaration and Approve a General Plan Amendment and Rezone (Evan Gorman, Associate Planner) California Environmental Quality Act (CEQA) Determination: Recommend the City Council find this project is exempt from CEQA adopt a Negative Declaration finding the project would have now significant and adverse impacts on the environment. Consent Calendar items are typically non-controversial in nature and are considered for approval by the Planning Commission with one single action. Members of the audience, Staff or the Planning Commission who would like an item removed from the Consent Calendar for purposes of public input may request the Chair remove the item. The public may request to remove an item(s) to provide input by completing a public speaker card and submitting it to the City Clerk prior to the item(s) being called by the Chair. Minutes Minutes Staff Recommendation: 1) Receive the Staff Report, 2) Receive Questions from the Planning Commission, 3) Open the Public Hearing, 4) Receive Comments from the Applicant, 5) Receive Public Testimony, 6) Close the Public Hearing, 7) Deliberate, 8) Summarize the Deliberation 9) Adopt the Resolution Staff Report 1. Vicinity Map 2. Notice of Public Hearing 3. Floorplan 4. Draft Resolution Staff Recommendation: 1) Receive the Staff Report, 2) Receive Questions from the Planning Commission, 3) Open the Public Hearing, 4) Receive Comments from the Applicant, 5) Receive Public Testimony, 6) Close the Public Hearing, 7) Deliberate, 8) Summarize the Deliberation 9) Adopt the Resolution Staff Report 1. Vicinity Map 2. Notice of Public Hearing 3. Uses Permitted in the Light Industrial Zoning District 4. Uses Permitted in Business Park Zoning Districts 3
4.3 5279 Neroly Road Appeal (PLN-2026-1001) - Deny the Appeal and Affirm the Zoning Administrator's Determination, as Modified (Evan Gorman, Associate Planner) California Environmental Quality Act (CEQA) Determination: Find that the project is exempt from CEQA under the “Enforcement” Categorical Exemption (14 Cal. Code Regs./CEQA Guideline. Section 15321 and the “Common Sense” Exemption (14 Cal. Code Regs./CEQA Guideline Section 15061(b(3).) 4.4 Zoning Text Amendments (PLN-2026-1000) - Housing Element Implementation - Adopt a Resolution recommending the City Council Adopt an Ordinance amending Section 9.1.406 titled “Multiple Family Residential Districts (M-9; M-12; M-17; M-30)” (Jose Cortez, Senior Planner) California Environmental Quality Act (CEQA) Determination: Recommend the City Council find this project is exempt from CEQA under Government Code section 65583 and the “Common Sense” Exemption (14 Cal. Code Regs./CEQA Guideline Section 15061(b(3).) 5. REGULAR CALENDAR 6. REPORTS 5. Existing and Proposed Land Use Designations 7. Bridgehead Road Properties Project – Initial Study Negative Declaration 8. Draft Resolution 8a. Exhibit A - General Plan Amendment Land Use Diagram 8b. Exhibit B - Rezone Diagram Staff Recommendation: 1) Receive the Staff Report, 2) Receive Questions from the Planning Commission, 3) Open the Public Hearing, 4) Receive Comments from the Applicant, 5) Receive Public Testimony, 6) Close the Public Hearing, 7) Deliberate, 8) Summarize the Deliberation 9) Adopt the Resolution Staff Report 1. Vicinity Map 2. Notice of Public Hearing 3. Zoning Administrator Determination, dated June 8, 2026 4. Appellant’s Supplemental Memorandum 5. Relevant Code Excerpts 6. Aerial Imagery of the Property 7. Draft Resolution Staff Recommendation: 1) Receive the Staff Report, 2) Receive Questions from the Planning Commission, 3) Open the Public Hearing 4) Receive Public Testimony, 5) Close the Public Hearing, 6) Deliberate, 7) Summarize the Deliberation 8) Adopt the Resolution Staff Report 1. Notice of Public Hearing 2. Proposed Resolution 2A. Exhibit A Draft Ordinance – Policy Action 3.7 4
6.1 Reports from Staff Members 6.2 Oakley Planning Commission a. Reports from Commission Members b. Requests for Future Agendas 7. WORK SESSIONS 7.1 Oakley Technical Zoning Code Update Work Session (Jose Cortez, Senior Planner) 8. ADJOURN Staff Report 5
Minutes of the Special Planning Commission Meeting Held Tuesday, July 7, 2026 1. CALL TO ORDER AND ROLL CALL Chair Price called the meeting to order at 6:00 p.m. Roll Call: Commissioner Ireland, Vice Chair Harvey, and Chair Price were present, Commissioner Goudie was absent. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Chair Price Led the Pledge of Allegiance to the Flag. 3. PUBLIC COMMENTS None 4. REGULAR CALENDAR 4.1 Adopt a Resolution Adopting Updated Oakley Planning Commission Rules of Procedure to Include a Technology Disruption Policy Related to SB 707 (Audiovisual Teleconferencing, Transition, and Community Outreach) (Ken Strelo, Community Development Director) Community Development Director Ken Strelo presented the staff report. It was moved by Commissioner Ireland and seconded by Vice Chair Harvey to adopt the resolution adopting updated Planning Commission Rules of Procedure to include Technology Disruption Policy related to SB 707 AYES: Ireland, Harvey, Price NOES: None ABSENT: Goudie RESULT: Motion carried (3-0). 5. ADJOURN There being no further business, the meeting adjourned at 6:05 p.m. Respectfully Submitted Kim Snodgrass City Clerk 6
Minutes of the Regular Planning Commission Meeting Held Tuesday, July 7, 2026 1. CALL TO ORDER AND ROLL CALL Chair Price called the meeting to order at 6:30 p.m. Roll Call: Commissioner Ireland, Vice Chair Harvey, and Chair Price were present. Commissioner Goudie was absent. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. Chair Price led the Pledge of Allegiance to the Flag. 3. PUBLIC COMMENTS None 4. CONSENT CALENDAR 3.1 Approve Minutes from the Regular Meeting Held May 19, 2026 (Kim Snodgrass, City Clerk) It was moved by Vice Chair Harvey and seconded by Commissioner Ireland to approve the Consent Calendar. AYES: Ireland, Harvey, Price NOES: None ABSENT: Goudie RESULT: Motion carried (3-0). 5. PUBLIC HEARINGS 4.1 (Continued from May 19) 2603 Main Street Liquor (CUP 2026-001) – Adopt a Resolution Approving Liquor Sales at the Subject Property (Jose Cortez, Senior Planner) Senior Planner Jose Cortez presented the staff report and clarified the supplemental documents submitted by the applicant. Vice Chair Harvey and Commissioner Ireland thanked staff for the presentation. Chair Price opened the public hearing. Fathi Muflihi, applicant, provided a presentation. Vice Chair Harvey and Commissioner Ireland thanked the applicant for addressing prior concerns. 7
A public comment was provided by Sandi Bothwick. Chair Price closed the public hearing. Commissioner Ireland and Vice Chair Harvey provided comments. It was moved by Commissioner Ireland and seconded by Vice Chair Harvey to adopt the resolution approving 2603 Main Street Liquor (CUP 2026-001), as conditioned. AYES: Ireland, Harvey, Price NOES: None ABSENT: Goudie RESULT: Motion carried (3-0). 4.2 59 Douglas Road Minor Subdivision 25-980 (TPM 2025-004) (Evan Gorman, Associate Planner) Associate Planner Evan Gorman presented the staff report. Commissioner Ireland asked questions, and Mr. Gorman responded. Chair Price opened the public hearing. Chair Price closed the public hearing. It was moved by Vice Chair Harvey and seconded by Commissioner Ireland to adopt the resolution approving 59 Douglas Road Minor Subdivision MS 25-980 (TPM 2025- 004), as conditioned. AYES: Ireland, Harvey, Price NOES: None ABSENT: Goudie RESULT: Motion carried (3-0). 5. REGULAR CALENDAR None 6. REPORTS 6.1 Reports from Staff Members Community Development Director Ken Strelo reported that Commissioner Yared Oliveros has resigned from the Planning Commission, noting that staff will begin recruitment for the vacancy. He reminded commissioners that the August meeting is scheduled for the third Tuesday. Additionally, he congratulated the Commissioners on successfully conducting Oakley’s first two-way audiovisual meeting. 6.2 Oakley Planning Commission (a) Reports from Commission Members None (b) Requests for Future Agendas None 8
7. WORK SESSIONS 7.1 3290 Empire Avenue Preliminary General Plan Amendment (PA 2026-002) (Evan Gorman, Associate Planner) Associate Planner Evan Gorman presented the staff report. Public comments were provided by Carlyon Cambra and Conan Moats. Online public comments were provided by Marc Cambra, Melinda McCracken, Manual Cambra Jr., and Mandy Cambra Land and will be entered into the record. Commissioner Ireland, Chair Price, and Vice Chair Harvey provided questions and comments, and Mr. Gorman responded to questions. 8. ADJOURN There being no further business, the meeting adjourned at 7:24 p.m. Respectfully Submitted Kim Snodgrass City Clerk 9
STAFF REPORT 1 CITY HALL | 3231 Main Street, Oakley, CA 94561 O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov DATE: August 18, 2026 TO: Joshua McMurray, City Manager FROM: Evan Gorman, Associate Planner SUBJECT: 5540 Bridgehead Road AMPM Sales of Distilled Spirits Conditional Use Permit (CUP 2026-002) – Adopt a resolution approving liquor sales at the subject property Summary Application by BP North America (“Applicant”), requesting approval of a Conditional Use Permit (CUP 2026-002) to sell distilled spirits (“Project”). The City of Oakley’s municipal code requires approval of a Conditional Use Permit to operate a liquor store. Currently, the property owner operates a convenience mart at the project site that sells beer and wine. However, through this application, the company seeks to obtain a CUP to sell distilled spirits both unmixed bottles in a locked case and in premixed drinks supplied by nationally recognized brands, alongside their existing offerings. No physical changes are proposed for the site except for the change in product inventory. The project site is located at 5540 Bridgehead Road and is zoned C (General Commercial) District. (APN 037-040-025) Figure 1 – AMPM Convenience Mart Approved and Forwarded to the Planning Commission 10
STAFF REPORT 2CITY HALL | 3231 Main Street, Oakley, CA 94561 O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov Background GENERAL PLAN The General Plan Land Use Designation for the project site is Commercial (“CO”). This designation provides for neighborhood, community, and regional-serving retail and service uses; limited office uses; restaurants; service stations; highway-oriented and visitor-serving commercial and lodging; auto-serving and heavy commercial uses; public and semi-public uses; public gathering facilities, and similar and compatible uses. ZONING The site is zoned C (General Commercial) District. The purpose of the C District is to create and maintain major commercial centers accommodating a broad range of commercial uses of community-wide or regional significance typically found adjacent to or along major travel corridors, such as Main Street, O’Hara Avenue, Laurel Avenue and Empire Avenue. PROJECT SITE The project site is an approximately 1.31-acre parcel located at the northeast corner of Bridgehead Road and Main Street. The site was first developed in 2000 and contains a 2,756-square-foot ARCO AMPM convenience store with an associated fuel station canopy. The store operates 24 hours a day, seven days a week. The subject property is bordered to the north by the approved TownePlace Suites Hotel site and to the east by a Wendy's restaurant. Across the street to the west are a Shell fuel station and a soon-to-be 7-Eleven convenience store currently in the process of remodeling from a Rebel convenience store. Access to the subject property is provided by private drive aisles from both Main Street and Bridgehead Road. Project Description The applicant is seeking approval of a Conditional Use Permit (CUP) for a liquor store to support a request for a Type 21 (Off-Sale General) License from the California Department of Alcoholic Beverage Control (ABC), which would allow the sale of distilled spirits, beer, and wine for off-site consumption. ABC will not formally review an alcohol license application until the applicant has completed the local agency process. ABC considers the City's approval as part of its review, but approval or denial of the ABC license application is at its sole discretion. The location currently holds a Type 20 license ( Off-Sale of Beer and Wine). For the purposes of ABC licenses, “Off- Sale” means a retailer may only sell the allowed products for consumption off the premises from where it is sold. In their application, the applicant states that the alcoholic beverage industry has shifted toward the sale of pre-mixed drinks from nationally recognized brands. According to the applicant, these products typically have an alcohol content similar to beer, sometimes higher, and generally lower than wine. 11
STAFF REPORT 3CITY HALL | 3231 Main Street, Oakley, CA 94561 O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov In addition to these pre-mixed products, the applicant proposes to sell bottles of distilled spirits in a locked, 58-square-foot display located behind the register. Figure 2 – Layout of convenience mart with proposed liquor cabinet located at the bottom of the image. Conditional Use Permits are governed by section 9.1.1602, Variance and Conditional Use Permits, of the Oakley Municipal Code. CUPs may be granted when it can be shown the project shall comply with the following: 1. That the site for the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by this title to adapt the use with land and uses in the neighborhood; 2. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use; 3. The proposed use will be arranged, designed, constructed, operated and maintained so as to be compatible with the intended character of the area and shall not change the essential character of the area from that intended by the general plan and the applicable zoning ordinances; 12
STAFF REPORT 4CITY HALL | 3231 Main Street, Oakley, CA 94561 O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov 4. That the proposed use provides for the continued growth and orderly development of the community and is consistent with the various elements and objectives of the general plan; and 5. That the proposed use, including any conditions attached thereto, will be established in compliance with the applicable provisions of the California Environmental Quality Act. Analysis To approve the Conditional Use Permit, the Planning Commission must make all five findings set out in Section 9.1.1602 of the Oakley Municipal Code. The proposed project conforms to each of these findings, primarily because of its limited scope and the established nature of the existing convenience store. The application would add a limited line of distilled spirits to a business that has operated at this location for more than two decades, and each finding is addressed below. The site is adequate in size and shape to accommodate the use, satisfying the first finding. The property has operated as a convenience store and fuel station since 2000 and is fully improved with the parking, access, landscaping, and other site features its commercial operation requires. The distilled spirits would occupy a single 58-square-foot display behind the point-of-sale counter, within the existing building, so the site continues to accommodate the use and all features required by the zoning code. The site is also accessed from adequately sized streets and highways, consistent with the second finding. Access is provided by private drive aisles connected to both Main Street and Bridgehead Road, which have served the convenience store and fuel station throughout its operation. The proposed use will not disrupt the compatibility between this land use and the surrounding area. The new aspects of the business would be fully integrated into the existing store: the pre-mixed drinks would be stocked next to existing offerings, the bottled distilled spirits would be sold from the 58-square-foot display behind the register, and purchases would occur at the same point-of-sale counter used for all other merchandise, with no exterior changes or reorientation of the business. Adding a limited distilled spirits line to an existing convenience store is consistent with this setting and would not change the essential character of the area. The limited scope of the proposal likewise supports the continued growth and orderly development of the community, consistent with the fourth finding. Finally, the project qualifies for a categorical exemption under the California Environmental Quality Act as a minor addition to an existing commercial use within an existing building. Separate from the conditional use findings, staff evaluated the proposal against the state laws governing the overconcentration of alcohol licenses. The census tract in which the property is located is identified as overconcentrated, so issuance of the Type 21 (Off-Sale General) license would require a public convenience or necessity (PCN) determination under Business and Professions Code Section 23958.4. Because the proposal would 13
STAFF REPORT 5CITY HALL | 3231 Main Street, Oakley, CA 94561 O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov replace the existing off-sale license at this already-licensed location rather than establish a new outlet, the Police Department is prepared to approve the PCN determination. On that basis, the Conditional Use Permit may be approved consistent with the state laws governing the overconcentration of ABC licenses. Environmental Review The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Existing Facilities, of the State of California CEQA Guidelines. Section 15301 of the State CEQA Guidelines exempts projects when the proposed project involves negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The proposed use would not represent a significant expansion of the use of the convenience store. Findings Draft findings for the Conditional Use Permit application can be found in the proposed resolution. Consistency with the Oakley Strategic Plan 27+ Approval of this application would be consistent with the goals in the section of the Oakley Strategic Plan 27+ entitled, “Community and Economic Development Goal”. Careful consideration of the project in relation to the findings for approval and the proposed conditions of approval ensure the use meets community service demands while remaining compatible with Oakley’s neighborhoods. Fiscal Impact The approval of these entitlements will not impact the General Fund. This is a n applicant funded account. All staff time and City of Oakley generated materials are charged to the account and paid for by the applicant. Staff Recommendation Staff recommends the Planning Commission adopt the resolution approving “5540 Bridgehead Road AMPM Sales of Distilled Spirits Conditional Use Permit (CUP 2026-002)”, as conditioned. Attachments 1. Vicinity Map 2. Notice of Public Hearing 3. Floorplan 4. Draft Resolution 14
6 CITY HALL | 3231 Main Street, Oakley, CA 94561 O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov 15
Vicinity Map 5540 Bridgehead Road AMPM Sales of Distilled Spirits Conditional Use Permit (CUP 2026-002) APN: 037-040-025 16
NOTICE OF PUBLIC HEARING Notice is hereby given that on August 18, 2026, at 6:30 p.m., or as soon thereafter as the matter may be heard, the Planning Commission 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 the application described below: Project Name: 5540 Bridgehead Road AMPM Sales of Distilled Spirits Conditional Use Permit (CUP 2026-002) Project Location: 5540 Bridgehead Road, Oakley, CA 94561. APN 037-040-025. Applicant: BP North America, 30 S. Wacker, Suite 900, Chicago, IL 60606 Request: Application by BP North America (“Applicant”), requesting approval of a Conditional Use Permit (CUP 2026-002) to sell distilled spirits (“Project”). The City of Oakley’s municipal code requires approval of a Conditional Use Permit to operate a liquor store. Currently, the property owner operates a convenience mart at the project site that sells beer and wine. However, through this application, the company seeks to obtain a CUP to sell distilled spirits both unmixed bottles in a locked case and in premixed drinks supplied by nationally recognized brands alongside their existing offerings. No physical changes are proposed for the site except for the change in product inventory. The project site is located at 5540 Bridgehead Road and is zoned C (General Commercial) District. APN (037-040-025) How to Review: The Staff Report and its attachments will be available for public review, on or before August 13, 2026, at City Hall, 3231 Main Street, Oakley, CA 94561 or online at www.ci.oakley.ca.us/agendas-minutes-videos-archive/ by navigating to the August 18, 2026, Planning Commission 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 Evan Gorman, Associate Planner at the City of Oakley, 3231 Main Street, Oakley, CA 94561 or by email to Gorman@ci.oakley.ca.us. 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. 17
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Resolution No. XX-26 Page 1 of 6 RESOLUTION NO. XX-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF OAKLEY MAKING FINDINGS AND APPROVING A CONDITIONAL USE PERMIT (CUP 2026- 002) TO ALLOW THE SALE OF DISTILLED SPIRITS AT THE EXISTING AMPM CONVENIENCE STORE LOCATED AT 5540 BRIDGEHEAD ROAD (APN 037-040-025) WHEREAS, on March 10, 2026, BP North America (“Applicant”), submitted an application for a Conditional Use Permit (CUP 2026-002) to sell distilled spirits within an existing approximately 2,756 square-foot ARCO AMPM Convenience Store, which constitutes a ‘liquor store’ use under the Oakley Municipal Code (“Project”). The site is located at 5540 Bridgehead Road. (APN 037-040-025); and WHEREAS, on April 8, 2026, the project application was deemed complete per Government Code section 65920 et seq.; and WHEREAS, the project is designated as Commercial (CO) in the Oakley General Plan, and zoned C (General Commercial) District; and WHEREAS, the project is exempt from further environmental analysis under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301, “Class 1 - Existing Facilities”; and WHEREAS, on or before August 7, 2026, the Notice of Public Hearing for the project was posted at Oakley City Hall located at 3231 Main Street, outside the gym at Delta Vista Middle School located at 4901 Frank Hengel Way, outside the library at Freedom High School located at 1050 Neroly Road, and at the project site. The notice was also mailed out to all owners of property within a 500-foot radius of the subject property’s boundaries, to outside agencies, and to parties requesting such notice; and WHEREAS, on August 18, 2026, the Planning Commission opened the public hearing at which it received a report from City Staff, oral and written testimony from the public and applicant, and deliberated on the project. At the conclusion of its deliberations, the Planning Commission took a vote and adopted this resolution to approve the project, as conditioned; and WHEREAS, if any term, provision, or portion of these Findings or the application of these Findings to a particular situation is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of these Findings, or their application to other actions related to the Project, shall continue in full force and effect unless amended or modified by the City; and WHEREAS, these Findings are based upon the City's General Plan, the City's Zoning Ordinance (Oakley Municipal Code Chapter 9.1), and the information submitted 19
Resolution No. XX-26 Page 2 of 6 to the Planning Commission at its August 18, 2026 meeting, both written and oral, including oral information provided by the Applicant, as reflected in the minutes of the meeting, together with the documents contained in the file for the Project (hereafter the “Record”). NOW, THEREFORE, BE IT RESOLVED THAT, on the basis of the above findings of fact and the entire record, the Planning Commission makes the following additional findings in support of the approvals: A. Regarding the application requesting approval of a Conditional Use Permit (CUP 2026-002) to establish the sale of distilled spirits at the ARCO AMPM Convenience store on a site located at 5540 Bridgehead Road: 1. The site for the proposed use is adequate in size and shape to accommodate the use in a manner complementary with the land and uses in the area in that this proposed use will result in a minor modification to the existing use and the C (General Commercial) District allows for the proposed use with the approval of a Conditional Use Permit; and 2. Due to the limited scope of the liquor sales and the established nature of the convenience store, the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use in that the site is accessible by private drive aisles connected to both Main Street and Bridgehead Road; and 3. By integrating the distilled spirits sales into the existing operations of the store, the proposed use will be arranged, designed, constructed, operated, and maintained so as to be compatible with the intended character of the area and will not change the essential character of the area that is intended by the General Plan and the applicable zoning ordinances. Furthermore, the proposed use is foreseen and permitted in the C (General Commercial) District with the approval of a Conditional Use Permit with associated conditions of approval tailored to the project; and 4. The proposed use provides for continued growth and orderly development of the community and is consistent with the various elements and objectives of the General Plan in that the limited scope of the addition of distilled spirit sales at this property would complement the existing use of the property and would not be detrimental to the aforementioned continued growth and orderly development of Oakley; and 5. That the proposed use, including any conditions attached thereto, will be established in compliance with the applicable provisions of the California Environmental Quality Act (CEQA) as the proposed use is categorically 20
Resolution No. XX-26 Page 3 of 6 exempt from CEQA, as provided in Section 15301 of the State of California CEQA Guidelines. B. The Project complies with Measure J Growth Management requirements. BE IT FURTHER RESOLVED THAT, on the basis of the above Findings and the Record, the Planning Commission approves the Applicant's request for a Conditional Use Permit (CUP 2026-002), 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 date stamped received by the Planning Division on March 10, 2026, as well as additional information acquired since that time and made a part of the project file. THE FOLLOWING CONDITIONS OF APPROVAL SHALL BE SATISFIED PRIOR TO ESTABLISHING THE USE UNLESS OTHERWISE NOTED: Planning Division Conditions General: 1. Conditional Use Permit (CUP 2026-002) is approved, as described in the application date stamped by the Planning Division on March 10, 2026, and as modified by the following conditions of approval, subject to final review and approval by the Community Development Director. 2. Any alteration of the approved plans or project description shall be requested in writing for review and approval by the Community Development Director prior to changes being made in the field. 3. This approval for Conditional Use Permit (CUP 2026-002) shall be effectuated within a period of one (1) year from the effective date of this resolution by establishing the use, and if not effectuated shall expire on August 18, 2027. Prior to said expiration date, the applicant may apply for an extension of time pursuant to the provisions of the Municipal Code. 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. If operation of CUP 2026-002 causes adverse effects upon adjacent residences, businesses, or operations including but not limited to noise, loitering, parking, or disturbance, the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible suspension or revocation of the permit. 21
Resolution No. XX-26 Page 4 of 6 6. The sale of alcoholic beverages shall commence only within the hours permitted by state law and enforced by the California Department of Alcoholic Beverage Control. 7. Change of the ABC license to a different license type may require review and approval of a new Conditional Use Permit Application. The Community Development Director shall determine whether a new or modified Conditional Use Permit is required. 8. The sale of beer, wine, and distilled spirits for consumption on the premises is strictly prohibited. 9. The applicant shall comply with all ABC regulations and all conditions imposed on the license. 10. This Conditional Use Permit may be periodically monitored to ensure that it is being operated in a manner consistent with City regulations, these conditions of approval and that the use is being operated in a manner which is not detrimental to the public health, safety, or welfare. 11. The sale of bottled distilled spirits shall be limited to the approved display of no more than 58 square feet located behind the sales counter. The display shall be locked at all times except when unlocked by an employee and shall only be accessible to store employees. 12. If, at the discretion of the Community Development Director and/or Oakley’s Police Department, alcohol-related crime becomes a security issue or nuisance as a result of the use then changes to the business operational characteristics shall be required. These modifications may require a conditional use permit modification at the discretion of the Community Development Director. 13. Approval of this request shall not waive compliance with any sections of the Municipal Code, State Fire Marshal’s regulations, California Building Code, or any other City Ordinances. 14. Prior to any transfer of operator, the new operator shall submit a copy of an original signed letter to the City of Oakley Planning Division stating they have read, understand, and agree to abide by all conditions of approval contained in this resolution. 15. Failure to comply with all of the above conditions may result in the matter being set for revocation of use hearing before the Planning Commission in accordance with Section 2.4.014 of the Oakley Municipal Code. 22
Resolution No. XX-26 Page 5 of 6 16. 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. 17. The applicant shall defend, indemnify, and hold harmless the city or any of its boards, commissions, agents, officers, and employees from any claim, action or proceeding against the city, its boards, commissions, agents, officers, or employees to attack, set aside, void, or annul, the approval of the project. The city shall promptly notify the applicant of any such claim, action or proceeding. The city shall have the option of coordinating the defense. Nothing contained in this condition shall prohibit the city from participating in a defense of any claim, action, or proceeding if the city bears its own attorney’s fees and costs, and the city defends the action in good faith. 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 renewal requirements prior to requesting building or grading permits. B. Applicant shall comply with the requirements of Ironhouse Sanitary District. C. The Applicant shall comply with the requirements of the Diablo Water District. D. Comply with the requirements of the East Contra Costa Fire Protection District. E. The applicant shall comply with the requirements of Contra Costa Environmental Health if subject to applicable permits. F. Comply with the requirements of the Building Inspection Division. Building permits are required prior to the construction of most structures. G. This project may be subject to the requirements of the California Department of Fish and Wildlife. It is the Applicant's responsibility to notify the California 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. H. 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. I. The Applicant shall obtain an encroachment permit for construction within existing City rights of way. 23
Resolution No. XX-26 Page 6 of 6 PASSED AND ADOPTED by the Planning Commission of the City of Oakley this 18th day of August 2026 by the following vote: AYES: NOES: ABSTENTION: ABSENT: APPROVED: ___________________ Leonard Price, Chair ATTEST: ____________________ ________ Kim Snodgrass, City Clerk Date 24
STAFF REPORT 1 CITY HALL | 3231 Main Street, Oakley, CA 94561 O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov DATE: August 18, 2026 TO: Joshua McMurray, City Manager FROM: Evan Gorman, Associate Planner SUBJECT: Bridgehead Business Park Properties (GPA 2026-01, RZ 2026-002) – Adopt a Resolution Recommending that the City Council Adopt a Negative Declaration and Approve a General Plan Amendment and Rezone. Summary This is an application from three property owners (“Applicant”) requesting approval of a 1) General Plan Amendment (GPA 2026-01) to redesignate the General Plan land use designation of three parcels (6001, 6113, and 6115 Bridgehead Road), totaling approximately 1.36 acres from Business Park (“BP”) to Light Industrial (“LI”); 2) and a Rezoning (RZ 2026-002) to re-classify the zoning district for the parcels from BPL (Business Park Low) District to LI (Light Industrial) District (“Project”). No new development is proposed with this application. The sites were developed decades ago through the County process, prior to City incorporation. The approximately 1.36 Acre project site is identified by Assessor’s Parcel Numbers (APNs) 051-040-041, 051-040- 063, and 051-040-064. Figure 1 – Project Site Approved and Forwarded to the Planning Commission 25
STAFF REPORT 2CITY HALL | 3231 Main Street, Oakley, CA 94561 O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov Background GENERAL PLAN The subject properties have a Business Park (“BP”) General Plan land use designation. This designation provides for professional and administrative offices; medical and dental clinics; laboratories; financial institutions; limited supporting retail and service uses; public and semi-public uses; and similar and compatible uses. The designation is intended to support multi-building employment campuses with integrated parks and open spaces, consolidated parking facilities, and consistent architectural themes. ZONING The subject properties are zoned BPL (Business Park Low) District, which is intended to accommodate high-quality business office parks in a campus environment. Figure 2 – Subject Properties with Business Park General Plan Overlay (center, darker blue) PROJECT SETTING The project site consists of three distinct parcels under separate ownership, arranged in a north-south alignment. Each property is accessed from Bridgehead Road and is surrounded by tall chain-link and wrought iron fencing. To the east, across the street sits the expansive Oakley Logistics Center. Along the western edge, the Highway 160 on-ramp from Wilbur Avenue rises adjacent to the properties. A Caltrans storage yard and utility building occupy the area to the north on a property located outside the Oakley city limits in unincorporated Contra Costa County. Wilbur Avenue and the Delta 26
STAFF REPORT 3CITY HALL | 3231 Main Street, Oakley, CA 94561 O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov Diablo Bridgehead Pump Station are located to the south of the project site , across Wilbur Avenue. The pump station is located within the City of Antioch. The nearest residences are a 1/3rd of a mile south of the project site (Sandy Point 3 Mobile Home Park). Figure 3 – 6001 Bridgehead Road The southernmost parcel at 6001 Bridgehead Road covers roughly half an acre, making it the largest of the three. Developed in 1981, it features a two-tenant commercial structure with a building occupancy classification appropriate for light industrial use. In building code terms, an occupancy classification identifies how a structure is used and what safety requirements apply. The approximately 9,000- square-foot building covers most of the site and currently houses G.M. Marble & Granite, operated by the property owner. Figure 4 – 6113 Bridgehead Road The central parcel at 6113 Bridgehead Road remained vacant for several years before its recent occupancy by Luma Builders, a contractor currently facing enforcement action due to zoning conflicts that prohibit the use “Building Contractor’s Yard” in the current BPL District zoning for the property. A change in land use designation to light 27
STAFF REPORT 4CITY HALL | 3231 Main Street, Oakley, CA 94561 O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov industrial would permit them to operate. The property consists primarily of parking and storage space with a 1,400-square-foot office building in the center of it. Figure 5 – 6115 Bridgehead Road The northernmost parcel at 6115 Bridgehead Road is an elongated, paved lot with an approximately 3,000-square-foot utility building featuring a façade dominated by roll-up doors. No use is established on the site currently. Project Description GENERAL PLAN AMENDMENT AND REZONE The Applicant requests approval of a General Plan Amendment for the three subject parcels. The General Plan Amendment would redesignate the properties from Business Park (“BP”) to Light Industrial (“LI”), and the Rezone would change their zoning from BPL (Business Park Low) District to LI (Light Industrial) District. Because Oakley Municipal Code (“OMC”) Section 9.1.102(g) requires the Zoning Ordinance and Zoning Map to be consistent with the General Plan, the Rezone may take effect only if the General Plan Amendment is approved. The applications are therefore being processed concurrently. The City Council would take final action on the General Plan Amendment by resolution and on the Rezone by ordinance. Changes to zoning district boundaries are governed by OMC Section 9.1.1610. Because the project site consists of three separately owned properties, all three property owners have joined in filing the application, as required by Section 9.1.1610(b)(i)(1). PROPOSED LIGHT INDUSTRIAL DESIGNATION The General Plan’s Light Industrial designation provides for limited fabrication, manufacturing, processing, packaging, and assembly; wholesale, distribution, warehousing, and storage; vehicle and machinery repair; research and development; 28
STAFF REPORT 5CITY HALL | 3231 Main Street, Oakley, CA 94561 O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov public and semi-public uses; and similar compatible activities. The designation does not allow heavy industrial uses that emit significant amounts of smoke, noise, light, or pollutants. It also directs that uses incompatible with residential development because of noise, vibration, or similar characteristics, not be located where they may affect existing or future residences. APPLICANT’S RATIONALE The Applicant identifies market demand for light industrial spaces and the limitations of the existing Business Park designations as the principal reasons for the request. According to the Applicant, small businesses are seeking light industrial rental space in the area, including businesses that could provide support services to the nearby Oakley Logistics Center. The Applicant also notes that several businesses seeking to occupy the properties have been unable to do so because their operations are not permitted in the BPL District. The owners and prospective tenants consider portions of the Business Park use list, including uses such as copying facilities and travel agencies, less aligned with current market conditions and report limited interest from businesses that fit those categories. SCOPE OF THE REQUEST The application does not include a site plan or building plans. Approval would change the properties’ General Plan and zoning designations but would not authorize construction or approve any physical modifications. Any future development or exterior modification would remain subject to the applicable application, review, and permitting requirements of the OMC and California Building Code, including design review under OMC Section 9.1.1604, where applicable. The contractor’s yard at 6113 Bridgehead Road could be established. No additional applications for the contractor’s yard are expected at this time due to their use of the existing property as-is. Analysis GENERAL PLAN CONSISTENCY The Light Industrial designation fits both the existing development on the site and the character of the surrounding Bridgehead Road corridor. The site is bounded by a Caltrans storage yard, a regional logistics center, an Amazon delivery facility, a wastewater pump station, and a State Route 160 freeway on-ramp. It is separated from the nearest residential use, the Sandy Point 3 Mobile Home Park, by approximately one-third of a mile, with Wilbur Avenue, the SR 160 on-ramp, and industrial and utility parcels in between. Designating the site Light Industrial places industrial-serving land where the supporting infrastructure and compatible neighbors already exist, consistent with the General Plan's direction to concentrate the most intensive non-residential development in northwest Oakley (Policy 2.1.6) and to locate employment centers along major arterials with freeway access (Goal 2.4, Policy 2.4.1). The amendment is limited to the properties’ legal designation and the City’s Land Use 29
STAFF REPORT 6CITY HALL | 3231 Main Street, Oakley, CA 94561 O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov Diagram and does not change any goal, policy, or program of the General Plan. Staff has reviewed it against the remaining elements and finds it would not create any internal inconsistency, as required by Government Code Section 65300.5. The amendment also implements the General Plan's economic development framework. The Light Industrial designation expressly prohibits heavy industrial uses (Policy 2.4.2) and, through its use restrictions and performance standards, ensures compatibility with adjacent land uses and sensitive receptors (Policies 2.1.4, 2.1.5, and 2.4.3). In the Economic Development Element, Goals 5.1 and 5.2 and their implementing policies call for retaining existing businesses, recruiting compatible employers, prioritizing employment-generating uses on underutilized parcels, and adding a balanced mix of commercial, office, and light industrial activity (Policies 5.1.1, 5.1.3, 5.2.2, and 5.2.3). Programs 5.2.A and 5.2.C specifically target light industrial uses with minimal impacts, warehousing and distribution, and small-scale and entrepreneurial businesses. The project site is an underutilized, already-improved employment site with existing building space that prospective light industrial tenants cannot currently occupy due to the Business Park designation. REZONE Approval of the General Plan Amendment would allow the Rezone to LI District, which would authorize the uses permitted in the Light Industrial District under O MC Section 9.1.602, subject to all applicable zoning regulations. Uses currently permitted in the Business Park Districts under OMC Section 9.1.502, principally administrative and professional offices, financial and business services, and research laboratories would generally no longer be permitted. Complete use lists for both districts are included as Attachments 3 and 4. The Commission must find that the change in district boundaries is required to achieve the objectives of the Zoning Ordinance prescribed in Section 9.1.102(a). Staff has analyzed the change against each of the objectives, and that analysis is set out in full in the proposed resolution. Three objectives bear most directly on this request. First, the buildings on the site were constructed under County entitlements and have occupancy classifications suited to industrial activity. The rezone would therefore support the site’s established development pattern rather than introduce an incompatible use into the area. Second, three separately owned, already-improved parcels totaling 1.36 acres will not deliver the business park campus the BPL District envisions without full redevelopment, while light industrial uses can occupy the existing buildings as they stand (Objective 5, most appropriate and beneficial use). It is also noted that due to the limited size and configuration of the properties, it would be challenging to develop them with a campus-style business park due to significant needs for off-street parking that would accompany such a use. Third, light industrial businesses have been turned away at the business license stage under the current 30
STAFF REPORT 7CITY HALL | 3231 Main Street, Oakley, CA 94561 O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov designations, and the rezone would allow the existing buildings to be lawfully occupied and re-tenanted (Objectives 8 and 9, commercial and industrial activity). STAFF ASSESSMENT The proposed Light Industrial designations better reflect the existing development, surrounding land use pattern, and practical reuse potential of the three properties. The principal structures were constructed under County entitlements and have building occupancy classifications that accommodate industrial activity. Under the current Business Park designations, several light industrial businesses have been advised during the business license process that they cannot occupy the properties. Approval would allow the existing buildings to be occupied by compatible light industrial businesses without requiring substantial tenant improvements or complete redevelopment. By contrast, achieving the coordinated business park campus envisioned by the BP designation would likely require assembly and comprehensive redevelopment of three separately owned parcels. The surrounding land uses also support the proposed change. The properties are bordered by logistics, utility, transportation, and storage uses, while the nearest residences are approximately one-third of a mile away. Light industrial use of the properties would therefore continue the established development pattern rather than introduce an incompatible use. Approval would not prevent the City from considering future business park development. Should market conditions change and the properties be assembled for a coordinated business park project, a future owner could seek another General Plan Amendment and Rezone in conjunction with the required development entitlements; however, as mentioned above, this type of development would be challenging given the constrained size and shape of the properties. The present action determines the designations that would apply under current conditions; it does not eliminate the City’s ability to consider a different land use proposal in the future. Environmental Review CALIFORNIA ENVIRONMENTAL QUALITY ACT COMPLIANCE An Initial Study and Negative Declaration (“IS/ND”) dated June 2026 has been prepared for the project pursuant to CEQA. Raney Planning & Management prepared the environmental analysis on behalf of the City of Oakley, which is the Lead Agency. The Initial Study evaluated all 21 environmental topic areas in Appendix G of the CEQA Guidelines. It concluded that the project would not have a significant effect on the environment and that a Negative Declaration is the appropriate environmental document. No mitigation measures are required and no Mitigation Monitoring and Reporting Program is necessary. 31
STAFF REPORT 8CITY HALL | 3231 Main Street, Oakley, CA 94561 O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov The basis for this determination is that the project consists solely of a General Plan Amendment and Rezone with no site-specific development plans, no ground- disturbing activity, and no new construction. Because the site is already fully developed, any future activity that the change facilitates would most likely involve interior improvements or reuse of the existing structures rather than new building construction. The change would ease restrictions on certain on-site uses and support re-tenanting of the existing buildings. NOTICE OF INTENT AND PUBLIC REVIEW A Notice of Intent (“NOI”) to Adopt a Negative Declaration was circulated for public review and comment from June 10th through July 9th, 2026. The NOI was filed with the Contra Costa County Clerk and the State Clearinghouse, distributed to public agencies and to parties requesting such notice, and posted in the same manner as a Notice of Public Hearing: at locations throughout the City and at the project site. Findings Draft findings for the General Plan Amendment and Rezone can be found in the attached proposed resolution. Consistency with the City of Oakley Strategic Plan 27+ The requested entitlements are consistent with the Community and Economic Development Goal of the Oakley Strategic Plan 27+. Aligning these parcels’ land use and zoning designations with their existing development supports productive reuse of vacant and underutilized space, helps small businesses establish and expand within the City, and positions the properties to provide support services to the adjacent Oakley Logistics Center. Fiscal Impact The approval of these entitlements will not impact the General Fund. This is a developer funded account. All Staff time and City of Oakley generated materials are charged to the developer account funded by the Applicant. Staff Recommendation Staff recommends the Planning Commission adopt the proposed resolution recommending that the City Council adopt the Negative Declaration and approve the project titled, “Bridgehead Business Park Properties (GPA 2026-01, RZ 2026-002).” Attachments 1. Vicinity Map 2. Notice of Public Hearing 3. Uses Permitted in the Light Industrial Zoning District (OMC Section 9.1.602) 32
STAFF REPORT 9CITY HALL | 3231 Main Street, Oakley, CA 94561 O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov 4. Uses Permitted in Business Park Zoning Districts (OMC Section 9.1.502) 5. Existing and Proposed General Plan Land Use Designations 6. Notice of Intent to Adopt a Negative Declaration 7. Bridgehead Road Properties Project – Initial Study/Negative Declaration 8. Draft Resolution Exhibit A: General Plan Amendment Land Use Diagram Exhibit B: Rezone Diagram 33
Vicinity Map Bridgehead Business Park Properties (GPA 2026-01, RZ 2026-002) APN’s: 051-040-063, 051-040-064, and 051-040-041 34
NOTICE OF PUBLIC HEARING Notice is hereby given that on August 18, 2026 at 6:30 p.m., or as soon thereafter as the matter may be heard, the Planning Commission 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: Bridgehead Business Park Properties (GPA 2026-01, RZ 2026-002) Project Location: 6001, 6113, and 6115 Bridgehead Road, Oakley, CA 94561 Assessor’s Parcel Numbers (APNs): 051-040-041, -063, and-064 Applicant: Brian Markiel, Rene Torres, and Praveen Chand. 6001, 6113, and 6115 Bridgehead Road, Respectively, Oakley CA 94561. Request: The City of Oakley has received an application from three property owners requesting approval of a 1) General Plan Amendment (GPA 2026-01) to redesignate the General Plan land use designation of three parcels (6001, 6113, and 6115 Bridgehead Road), totaling approximately 1.36 acres from Business Park (“BP”) to Light Industrial (“LI”); 2) Rezoning (RZ 2026-002) to re- classify the zoning district for the parcels from BPL (Business Park Low) District to LI (Light Industrial) District. No new development is proposed with this application. The sites were developed decades ago through the County process, prior to City incorporation. The approximately 1.36 Acre project site is identified by Assessor’s Parcel Numbers (APNs) 051-040- 041, 051-040-063, and 051-040-064. How to Review: The Staff Report and its attachments will be available for public review, on or before August 13, 2026 at City Hall, 3231 Main Street, Oakley, CA 94561 or online at https://www.oakleyca.gov/129/Agendas-Minutes by navigating to the August 18, 2026 Planning Commission 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 Evan Gorman, Associate Planner at the City of Oakley, 3231 Main Street, Oakley, CA 94561 or by email to Gorman@ci.Oakley.ca.us. NOTICE IS ALSO GIVEN pursuant to Government Code Section 65009(b) that, if
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