Feb 8, 2022 - 09:33 AM

MINUTES OF THE

REGULAR JOINT MEETING OF THE OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY/ OAKLEY PUBLIC FINANCING AUTHORITY

HELD

FEBRUARY 8, 2022

1.OPENING MATTERS

1.1

Call to Order and Roll Call of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority

Mayor Randy Pope called the meeting to order at 6:31 p.m. in the Oakley City Council Chamber located at 3231 Main Street, Oakley, California. Vice Mayor Aaron Meadows and Councilmembers Anissa Williams, George Fuller and Sue Higgins were also present.

1.2

Pledge of Allegiance to the Flag

Mayor Pope led the Pledge of Allegiance to the Flag.

2.PUBLIC COMMENTS

Online Public Comments

Sean Ireland commented that Cypress Road was closed again January 30, 2022, due to an accident which has become a regular occurrence for residents of Oakley and Bethel Island. Further comments included safety improvements will take time and the City must start planning now, a two-lane, undivided road is insufficient for the amount of traffic in the corridor, and the frequency and severity of accidents has shown this time and time again.

Patsy Gottbehuet commented they have lived in the Summer Lake subdivision since 2015 and it is a great family community, but there have been numerous times they have been trapped in their subdivision with the only access out being levy roads which were not made for the volume of vehicles. She explained there have been too many traffic accidents that have shut down roads and they have driven out of their subdivision with fire on both sides of the road. She indicated the Council needs to be out there next time to be part of it and something needs to be done.

Sarah Vanni and Jason Vanni commented they are homeowners in Summer Lake and are disappointed the City is allowing more homes to be built without a safe alternative to get in and out of the community. While they acknowledged they knew the one way in, one way out was a problem, they indicated they felt the City was taking care of it. They indicated they were told when they bought their home almost 10 years ago, they would have an elementary school, fire house, and road that came off of Bethel Island Road; they have the school and fire house, but no road. They expressed concern for safety of residents and children attending the elementary school in the event of emergency. They expressed they have seen too many times the road is inadequate for the number of homes in the area and more and more frequently they are trapped for hours waiting for a safe way out. They urged the City to build the road already planned.

Sylvia Gonzalez commented she lives in Summer Lake and one way in, one way out of the community is unacceptable. She mentioned there were two accidents last week where no one from her subdivision could enter or exit and they have been evacuated three times in two years due to fires where again, they could not get in or out. She mentioned if it had not been for a private property owner allowing access over her property, they could not escape the danger zone. She pleaded for the City to fix this problem and build another exit or overpass so they have a way out.

Jennifer Furer commented she has lived in Summer Lake since 2014 and loves it, but between vehicle accidents and fires she has felt stranded without an alternate route out that doesn’t involve driving through someone’s private property or down a scary levee “road”. She mentioned she cannot believe with almost 500 students at the elementary school that this is still a discussion. She indicated they all deserve better.

Public Comment Cards

Sharon Kuykendall provided photos of the last accident to the Council which were made part of the meeting record. She commented that she has lived in Summer Lake for 13 years and has attending meetings held with Fire and Police regarding the issue with ingress and egress to the community. She mentioned something needs to be done, the community does not feel like the issue is being addressed, and when Cypress Road is closed, residents and 600 kids at the elementary school cannot get out. She mentioned in the extra time it would take for emergency response to reach them, they may be gone. She indicated she has spoken with people she knows from Fire and Police and the situation scares them. She urged the Council to remedy the situation.

Mayor Pope indicated he has many speaker cards on the same topic. He asked City Manager Joshua McMurray to be prepared at the end of public comments to summarize the steps the City has already taken and next steps to be taken.

Beverly Ng commented she has lived on Sandmound Blvd. since 1976 when they had a fire station on the island and volunteer firefighters. She explained they were promised a road when development began and now it is even more important as they have commuters, speeders, accidents, and the elementary school. She mentioned it is unfair to expect people to use the levee roads as they are too old and dangerous; they cannot accommodate an RV, trailer or school bus. She also mentioned that Police is not controlling traffic efficiently; there is only one lane and people get angry. She suggested a two-lane road like Sellers could be easily built and they need safe access. She mentioned it is not fair to the private property owner to have potential liability of vehicles on her property to get out during an emergency. She requested something be done soon.

Connie Skoog commented she has lived 11 years on Sandmound Blvd. and spent one hour on Dutch Slough trying to get through. She mentioned the City indicates it is transparent and development information is available on its website; however, she could not find any information on what is planned for commercial development on Cypress Road. She also mentioned Oakley has the slowest response time for fire and emergencies, yet the City brings more and more people into the area because it needs tax funding for it. She commented that a person having a heart attack in that area is not going to say that someday taxes will pay for emergency services. She expressed it is up to the City to take care of its people and she doesn’t see it happening.

Mary Ann Aldon commented she experienced the October 2019 Summer Lake fire, panicking, wanting to get out, with her young child, and it was horrible. She shared that she started attending the meetings with Fire and Police where they discussed a plan and she understands that 2020 was a giveaway year, but now it has been 3 years and nothing has happened. She explained she worked for a municipality and knows the city should listen to its residents. She mentioned they faced a similar issue again on January 30. She mentioned she has the same fear as her neighbors; they fear what will happen to them in another fire situation.

Virgil Chaddock commented he has lived in Oakley since 1990, originally on Sandmound, and the road is bad with vehicles constantly speeding and weaving around other cars. He shared people called him during the fire as they were watching it on the news and telling him people could not get out. He expressed concern that the City is not taking the issue seriously enough as it is allowing the building of 5,000 new homes to increase the problem. He mentioned he already sees tempers and violence increasing. He also mentioned roads take a lot of work and suggested the City consider 4 lanes rather than 2.

Alfred Zaragoza commented he is a lifelong resident and a year ago when the fire occurred, he had no way to get to his family in the area. He suggested the City let services catch up before building more homes. He mentioned they can forget about emergency responders; everyone is on their own.

Councilmember Fuller asked if someone in the back of the room has a comment card on this item.

The person responded it is for another item on the agenda.

Mayor Pope asked Mr. McMurray if he could provide an update.

Mr. McMurray shared that the City takes this issue very seriously, it is a main priority, and an issue discussed daily. He explained it is not as simple as the City building a bridge or a road as there are many parties involved, there is land owned by private developers and private property owners, and land that falls outside the City limit. He shared the City is working with the developers toward a solution. He indicated an agreement which will guarantee access to Holland Tract has been approved by the Reclamation District and he is awaiting signatures. He explained this agreement will memorialize responsibilities. He also shared the City is developing procedures what to do during an emergency as many agencies are involved in response, i.e., the City, County, Sheriff’s Office, Fire District and Reclamation District. He mentioned a workshop on this topic was held in October 2021, where he shared that this is an issue the City inherited from the County. He explained the County approved the homes in Summer Lake without a secondary exit. He shared that the City has not issued a permit east of Jersey Island Road since 2019 which was approved to finish the homes in Summer Lake.

Questions arose from the audience.

Mayor Pope commented that the audience may stay and have more dialogue during a break or after the meeting, but the meeting format is not conducive to calling out questions and having back and forth discussion. He requested staff place an emergency plan that is easily searchable on the City’s website so residents know what to do.

Sharon Kuykendall inquired if the City can also include its progress steps on its website.

Mayor Pope commented that similar to the Planning projects it had a few months ago, there is a plan on E. Cypress which can be accessed through the Planning tab on the City’s website or past meeting minutes can be reviewed which are also available on the City’s website. He mentioned the issue of speeding may need to be addressed with additional dedicated traffic enforcement officers which they can look at during budget time. He explained that the City does not have water or fire services; these services are provided by separate agencies with boards elected by voters. He further explained that when a project comes to the City, the applicant must go to the service provider to confirm there are adequate services for the project. He suggested staff provide a business card and to respond to anyone with additional questions.

3.CONSENT CALENDAR

3.1

Approve Minutes from the Special Oakley City Council Meeting held January 25, 2022 (Libby Vreonis, City Clerk)

3.2

Accept Report Out of Closed Session Memo (Derek Cole, City Attorney)

3.3

AGENDA REGULAR JOINT MEETING OF THE OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY/ OAKLEY PUBLIC FINANCING AUTHORITY Tuesday, February 08, 2022 6:30 PM Oakley City Council Chambers located at 3231 Main Street, Oakley, California 94561 Per the Health Officer of the County of Contra Costa, ORDER NO. HO-COVID19-51 dated August 2, 2021, mandates the wearing of face coverings in indoor public setting by all persons. We highly recommend all visitors do a self-administered temperature check before entering the Council Chambers. A touchless temperature kiosk is located in the City Hall Administrative Lobby for visitor use. MISSION STATEMENT: The City of Oakley exists to build and enhance a quality community and to serve the public in a friendly, efficient, responsive manner. VISION STATEMENT: The City of Oakley will be recognized as a model of civic participation and a vibrant Delta community where families live, work, play, shop and visit. Agendas are posted in Oakley at Oakley City Hall-3231 Main Street, outside the gym at Delta Vista Middle School-4901 Frank Hengel Way and outside the Library at Freedom High School-1050 Neroly Road; agendas are also posted on the City’s Internet Website www.ci.oakley.ca.us. A complete packet of information containing staff reports and exhibits related to each item is available for public review prior to an Oakley City Council and/or City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority meeting at Oakley City Hall, 3231 Main Street, Oakley, CA 94561. Any writings or documents provided to a majority of the Oakley City Council, Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency or Oakley Public Financing Authority regarding any item on this agenda will be made available for public inspection, during regular business hours, at the front counter in the Main Lobby of the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561. Agendas may be picked up at the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561 for no charge. To request information regarding placement on the City’s agenda e-mail distribution list, please contact us at (925) 625-7000. We provide social media options to stay connected to City Hall through Facebook, Twitter, Next Door and 1

Instagram. Other opportunities to connect with City Hall include Engage In Oakley, Oakley OnDemand on the city's website; and by emailing info@ci.oakley.ca.us. Constant Contacts. Please contact us at (925) 625-7000 for additional information or at www.oakleyinfo.com. If you have a physically challenging condition and require special accommodations, please call the City Clerk’s office at (925) 625-7013. Please keep cell phones/electronic devices turned off during the meeting. Please be advised that City Council meetings are video recorded and attendees may appear on video. Members of the public may address the Council on items of interest that are within the City’s jurisdiction. Public comment on items not listed on the agenda will be heard under the Public Comments section of the agenda. In compliance with State law, the Council may not take action on an item that is not specifically listed on the agenda. If you would like to speak on any agenda item, please fill out a blue speaker card available in the lobby and submit it to the City Clerk prior to the agenda item being called. The Mayor will call you by name to the podium to hear your comments and you have up to 3 minutes to speak. 1.OPENING MATTERS Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority 1.1 Call to Order and Roll Call of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority 1.2 Pledge of Allegiance to the Flag 2.PUBLIC COMMENTS At this time, the public is permitted to address the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority on non-agendized items. PUBLIC COMMENTS ARE LIMITED TO THREE (3) MINUTES. In accordance with State Law, however, no action or discussion may take place on any item not appearing on the posted agenda. Information provided on Speaker Request Forms, including email addresses, are public record. 3.CONSENT CALENDAR Consent Calendar items are typically non-controversial in nature and are considered for approval by the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority with one single action. Members of the audience, Staff or the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor remove the item. Members of the public should submit any Speaker Cards related to the Consent Calendar in advance of the Consent Calendar being considered. 2

3.1 Approve Minutes from the Special Oakley City Council Meeting held January 25, 2022 (Libby Vreonis, City Clerk) Minutes 01-25-22 Sp 3.2 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney) Memo 3.3 City of Oakley Quarterly Investment Report (2nd Quarter FY 2021/22) (Tim Przybyla, Finance Director) Staff Report 1. City of Oakley Investment Report for the quarter ended December 31, 2021 3.4 City of Oakley as Successor Agency to the Oakley Redevelopment Agency – Quarterly Investment Report (2nd Quarter FY 2021/22) (Tim Przybyla, Finance Director) Staff Report 1. City of Oakley as Successor Agency to the Redevelopment Agency Investment Report for the quarter ended December 31, 2021 4.PUBLIC HEARINGS 4.1 Wendy's Drive-Through Conditional Use Permit (CUP 02-21) and Design Review (DR 05-21) (Ariana Ruiz, Planning Technician) Suggested Action: Staff Recommendation: 1) Receive the Staff Report, 2) Receive Questions from the City Council, 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. Public Hearing Notice 3. Applicant's Plans 4. Traffic Memo 5. Draft Resolution 4.2 CR-A (Commercial Recreation-Aquatic) District Zoning Text Amendment (RZ 02-21) Project (Ken Strelo, Planning Manager with Cindy Gnos, Senior Vice President, Raney Planning & Management, Inc) Suggested Action: Staff Recommendation: 1) Receive the Staff Report, 2) Receive Questions from the City Council, 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 Project's Initial Study/Negative 3

Declaration 10) Waive the First Reading and Introduce the Proposed Ordinance Staff Report 1. Map of CR-A District Areas 2. Notice of Public Hearing 3. Applicant's Justification for Zoning Text Amendment 4. Zoning Text Amendment with Proposed New Text Double Underlined and Proposed Deleted Text Struck Through 5. Proposed Ordinance 5.REGULAR CALENDAR 5.1 Adopt a Resolution Appointing Conan Moats to the Planning Commission to Serve a 2-year term and Changing the Term for Planning Commissioner Shannon Shaw from 2-years to 4-years (Joshua McMurray, City Manager) Staff Report 1. January 25, 2022 Staff Report 2. Draft Resolution 5.2 Proclamation Policy (Joshua McMurray, City Manager) Staff Report 1. Summary Table of Contra Costa cities 6.REPORTS 6.1 CITY MANAGER (a) City Manager (b) Hybrid Meeting Discussion Follow-Up (c) City Park Policy Discussion 6.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY (a) Reports from Council Liaisons to Regional Committees, Commissions and Boards AND Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency (b) Requests for Future Agendas 7.WORK SESSIONS 8.CLOSED SESSION 4

8.1 CONFERENCE WITH LEGAL COUNSEL-INITIATION OF LITIGATION Pursuant to Government Code Section 54956.9(b) Two potential cases. 8.2 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1) City of Oakley v. Scelsi, et al. Contra Costa Superior Court Case No. MSN16-1620 9.ADJOURN 5

Minutes of the Special Meeting of the Oakley City Council held January 25, 2022 1.Call to Order and Roll Call Mayor Randy Pope called the meeting to order at 5:31 p.m. in the Oakley City Council Chamber located at 3231 Main Street, Oakley, California. Councilmembers Anissa Williams, George Fuller and Sue Higgins were in attendance. Mayor Pope announced Mayor Aaron Meadows would be joining (Closed Session) via teleconference. 2.Pledge of Allegiance to the Flag Mayor Pope led the Pledge of Allegiance. 3.Public Comments No public comments were submitted. 4.Closed Session 4.1 CONFERENCE WITH LABOR NEGOTIATORS-Labor Negotiations with the Oakley Police Officers Association Pursuant to Government Code Section 54957.6(a) City Designated Representatives: Jack Hughes, Legal Counsel, Liebert Cassidy Whitmore Represented Employees: Employees Covered by the Police Officers Association Mayor Pope announced the closed session item. The City Council conducted the discussion in the Council antechamber. 5.Adjourn There being no further business, the meeting was adjourned at 6:35 p.m. Respectfully Submitted, Libby Vreonis City Clerk 6

Date: January 26, 2022 To: Mayor and Members of City Council From: Derek P. Cole, City Attorney Cc: Joshua McMurray, City Manager Subject: Closed Session Report-Out Memo FOR CONSIDERATION AT THE CITY COUNCIL MEETING OF FEBRUARY 8, 2022 Background and Analysis The City Council considered the following closed session item during its special meeting held January 25, 2022: CONFERENCE WITH LABOR NEGOTIATORS-Labor Negotiations with the Oakley Police Officers Association Pursuant to Government Code Section 54957.6(a) City Designated Representative: Jack Hughes, Legal Counsel, Liebert Cassidy Whitmore Represented Employees: Employees Covered by the Police Officers Association Direction was provided to staff. There was no reportable action. Fiscal Impact None. Recommendation Receive and file this report. Attachments None. MEMORANDUM Office of the City Attorney 7

STAFF REPORT Approved and Forwarded to the City Council DATE: February 8, 2022 TO: Joshua McMurray, Interim City Manager FROM: Tim Przybyla, Finance Director SUBJECT: City of Oakley Quarterly Investment Report (2nd Quarter FY 2021/22) Background and Analysis California law and the City’s Investment Policy require the City’s fiscal officer to submit a quarterly investment report to the City Council at the end of each quarter. The report should contain information on all securities held, and include a statement denoting the ability of the local agency to meet its expenditure requirements for the next six months. Fiscal Impact City resources are organized and accounted for on a fund basis with some of those funds being restricted for specified uses and others that are unrestricted. For investment purposes, however, the funds are invested as a pool. The Investment Report for the Period Ending December 31, 2021 attached shows a combined pool balance of $82,279,146.96. In addition, the pool had combined 2nd Quarter accrued interest earnings of $30,199.01. Interest for the period continues to reflect the lower rates currently being offered on safe, short-term investments. The City is in compliance with the adopted investment policy and able to meet its expenditure requirements for the next six months. Staff Recommendation Staff recommends the City Council accept the investment report for the 2nd Quarter of Fiscal Year 2021/22. Attachments City of Oakley Investment Report for the quarter ended December 31, 2021. 8

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STAFF REPORT Approved and Forwarded to the City Council DATE: February 8, 2022 TO: Joshua McMurray, Interim City Manager FROM: Tim Przybyla, Finance Director SUBJECT: City of Oakley as Successor Agency to the Oakley Redevelopment Agency – Quarterly Investment Report (2nd Quarter FY 2021/22) Background and Analysis California law and the City’s Investment Policy require the Agency’s fiscal officer to submit a quarterly investment report to the Agency’s governing board. The report should contain information on all securities held, and include a statement denoting the ability of the local agency to meet its expenditure requirements for the next six months. Fiscal Impact The Investment Report for the Period Ending September 30, 2021 attached shows a balance of $24,630.38 in cash for operations. To increase annual cash flow savings of refunding bonds, cash reserves were applied to bond insurance with Build America Mutual (BAM). The Reserve Requirements are satisfied in face amounts of $571,000 for 2015 Bonds and $1,827,318.76 for 2018 Bonds. The Agency is in compliance with the City’s annually adopted investment policy. The tax revenues distributed to the Agency is sufficient to make the Agency’s enforceable obligation payments as approved by the Department of Finance. Staff Recommendation Staff recommends the City Council, as the Board of the Successor Agency, accept the investment report for the 2nd Quarter of Fiscal Year 2021/22. Attachments City of Oakley as Successor Agency to the Redevelopment Agency Investment Report for the quarter ended December 31, 2021. 20

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STAFF REPORT Approved and Forwarded to the City DATE: February 08, 2022 TO: Joshua McMurray, City Manager FROM: Ariana Ruiz, Planning Technician SUBJECT: Wendy’s Drive-Through Quick Serve Restaurant Conditional Use Permit (CUP 02-21) and Design Review (DR 05-21) – Request for approval to construct and operate a 2,331 square-foot quick serve restaurant with dine-in and drive-through service; APN 037-040-021. Summary This is an application by Ken Price on behalf of Weaver Consultants Group (“Applicant”) requesting Design Review (DR 05-21) approval for a new 2,331 square-foot restaurant. The project includes dine in and drive-through service with associated site improvements allocated on an approximately 0.76-acre parcel. The applicant also requests approval of a Conditional Use Permit (CUP 2-21) to operate the drive-through service (“Project”). The project site is located approximately 295 feet east of the northeast intersection of Bridgehead Road and Main Street. The site is zoned C (General Commercial) District. APN: 037-040-021. Staff Recommendation Staff recommends the City Council approve the project titled, “Wendy’s Restaurant Drive-Through Quick Serve Conditional Use Permit (CUP 02-21) and Design Review (DR 05-21),” as conditioned. Fiscal Impact This is a developer funded account. All Staff time and City of Oakley generated material related to the processing of this application, including reproduction of physical copies and postage for public hearing notices are charged to the account. Background General Plan and Zoning  The General Plan Land Use Designation for the project site is Commercial, as depicted in the Oakley 2020 General Plan Figure 2-2 (Land Use Diagram).  The project site is zoned General Commercial (C) District. 24

Subject: Wendy’s Restaurant Drive-Through Quick Serve Conditional Use Permit (CUP 02-21) and Design Review (DR 05-21) Date: February 8, 2022 Page 2 of 8 Existing Conditions and Surrounding Land Uses The approximately 0.76-acre project site is located on the north side of Main Street, approximately 295 feet east of the Main Street and Bridgehead Road intersection. The site is currently undeveloped. The project site is located on a main City arterial, Main Street, and is bounded by existing commercial uses to the west and east of the project site. There is an existing ARCO gas station to the west of the project site and a drive-through coffee shop located to the east of the project site. The property located to the north is currently vacant. All properties in the immediate vicinity are designated and zoned for commercial land uses. Adjacent from the project site, located south of Main Street, is a legal non-conforming mobile home park. Figure 1 (left) shows an aerial view of the site from the Contra Costa County GIS website (https://ccmap.cccounty.us). Project Description Background In August of 1998, an application was submitted for a minor subdivision (MS 16-98) to the Contra Costa County Community Development Department. The site is known as “The Lodge" property located approximately 250 feet east of the intersection of Main Street and Bridgehead Road. The parcel map was recorded in 2002, with a total of four (4) parcels now consisting of one fully developed parcel, and three vacant parcels. Through the history of the site there have been multiple easements recorded to the property. These easements allow patrons to gain access to the site from multiple directions including off Main Street and Bridgehead Road, and the adjacent site to the east. Conditional Use Permit Per the Oakley Municipal Code (OMC), a Conditional Use Permit (CUP) is required to establish a land use within a land district that does not allow establishment by right but does allow the granting of a land use permit after a public hearing. Within the C District, a CUP is required when “Drive-through Restaurant and Services” are proposed. This Figure 1. Aerial of Project Site 25

Subject: Wendy’s Restaurant Drive-Through Quick Serve Conditional Use Permit (CUP 02-21) and Design Review (DR 05-21) Date: February 8, 2022 Page 3 of 8 application requests to operate a drive-through component in association with the proposed restaurant. The restaurant component is permitted by right and not subject to any discretion. Traffic and On-Site Circulation The City of Oakley requires a Traffic Impact Analysis is performed for projects that generate more than 100 vehicle trips during either the weekday morning or evening peak hours. However, a Traffic Memo was requested to evaluate the potential traffic congestion created by the new restaurant and drive-through and existing Dutch Bros drive-through. More detailed analysis of the conducted Traffic Memo has been provided in the Analysis. Design Review Per the OMC, Design Review shall be required in any residential, commercial, industrial, or public and semi-public zoning district for any permitted or conditionally permitted establishment of use on a property that is not already developed with full frontage improvements and on-site improvements. The Design Review process also allows for the review and analysis of the proposed project’s design, including the site plans, architectural elevations, conceptual landscape plans, and other physical development for all lots within the zoning district. Site Plan The project includes a 2,331 square-foot restaurant with a drive-through, trash enclosure, a parking lot with drive aisles and parking spaces, pavement striping, landscaping, lighting, and pedestrian walkways. There are two (2) driveways on each side of the site that enter from Main Street and one (1) driveway from Bridgehead Road. Proposed Architecture The 2,331 square-foot, one-story restaurant building is proposed at a total height of approximately twenty-two (22) feet. The building uses various heights and building articulation to provide high quality building exterior and reduce the appearance of the building’s mass. The proposed architecture also uses a combination of various textures and materials to compliment the building. The main body uses a finishing of three primary colors, as noted in Figure 2. The applicant has also proposed to install stone veneer along portions of the base of the building. The flat roof includes a parapet that will screen the mechanical equipment. A metal fascia band comprises of the roof cap treatment. Metal canopies are proposed over the entryway, windows, and drive-through window to add architectural features to the building. Figure 2 shows a color rendering of the north (faces interior parking lot) and south (alongside main drive-through aisle and facing Main Street) elevations. 26

Subject: Wendy’s Restaurant Drive-Through Quick Serve Conditional Use Permit (CUP 02-21) and Design Review (DR 05-21) Date: February 8, 2022 Page 4 of 8 The trash enclosure is located within the parking lot and will be fully screened with a six- foot (6’) decorative concrete masonry unit (CMU) wall. The split-face CMU color will match the architecture seen throughout the primary building. The enclosure will be covered with a galvanized corrugated roof, colors to be consistent with the architecture. Figure 2. Color Rendering of West and North Elevations Signage Signage has been proposed as a part of the design review. Per the definitions listed within OMC’s Regulations of Signs and Outdoor Advertising, the project is permitted both primary and secondary signs. Based on the project site’s location and configuration, it has been determined there will be two (2) primary and two (2) secondary signs. The primary signs will include the restaurant’s full name and the secondary signs will include the restaurant’s logo. The application also consists of a request to install a freestanding monument sign with a total height of eight (8) feet. The sign will incorporate the business name and logo. The proposed base of the sign is noted as faux stone masonry to match the existing architecture of the commercial building. 27

Subject: Wendy’s Restaurant Drive-Through Quick Serve Conditional Use Permit (CUP 02-21) and Design Review (DR 05-21) Date: February 8, 2022 Page 5 of 8 Landscaping As noted within the DR requirements landscaping is required as a part of this project. The OMC requires landscaping is installed adjacent to the public ROW and within the parking lot. The applicant is proposing landscaping throughout the entire development. The southern portion of the site will be fully landscaped creating a buffer between the drive-through aisle and the public right-of-way. Proposed landscaping includes the installation of Coast Live Oak, White Crepe Myrtle, and Emerald Green Arborvitae trees, as well as drought-tolerant shrubs, and grass. Proposed landscaping and irrigation will comply with the Landscape Water Efficient Ordinance set forth within the OMC as shown within the proposed landscape plans (Attachment 3). Environmental Review The project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332 (Class 32 – Infill Development Projects). Analysis Conditional Use Permit The proposed use is defined as “Drive-through Restaurant and Services”, which is allowed in the C District with the approval of a (CUP). The purpose of a CUP is to allow for uses that are not allowed by right, and to ensure that the proposed land use is compatible with the surrounding land uses in the neighborhood. CUPs are governed by section 9.1.1602 Variance and Conditional Use Permits of the Oakley Municipal Code. CUP’s 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 essenti