Jun 4, 2024 - 07:02 PM

>> NEXT ITEM. THIS IS A SIMILAR REQUEST HERE WITH THE ADDITION OF A SECOND REQUEST. THIS IS CALLED THE BURROUGHS SUBDIVISION 9557 TENTATIVE MAP EXTENSION AND DEVELOPMENT AGREEMENT AMENDMENT. THIS IS FOR A PROJECT KNOWN AS THE BURROUGHS PROPERTY. IT'S LOCATED ON EAST CYPRESS ROAD, EAST OF DELANEY PARK AND WEST OF JERSEY ISLAND ROAD . IT'S A TRIANGULAR SHAPED PROPERTY. THE RED LINE INDICATES THE BOUNDARY BETWEEN THE CITY OF OAKLEY AND UNINCORPORATED CONTRA COSTA COUNTY. THE ORIGINAL PROJECT WAS JUST LIKE THE LAST ONE APPROVED IN 2021, IT INCLUDES 43.24 ACRES , 208 RESIDENTIAL LOTS AND THERE WAS AN EXISTING DEVELOPMENT AGREEMENT THAT INCLUDED A FIRST AMENDMENT TO THAT DEVELOPMENT AGREEMENT. THIS IS JUST A PICTURE -- I'M SORRY, A COPY OF THE TENTATIVE MAP THAT SHOWS HOW THE LOTS WERE DIVIDED WITH THAT APPROVAL THAT HAPPENED IN 2021. THE REQUEST , AND I DO WANT TO POINT OUT THIS IS A JOINTLY OWNED SIDE, THE CITY OF OAKLEY IS AN OWNER OF A PART OF THE SITE , WESTGATE VENTURES IS CONTROLLING THE OTHER HALF. SO THIS IS A JOINT APPLICATION . THE REQUEST IS TO EXTEND THIS TENTATIVE MAP APPROVAL , SIX ADDITIONAL YEARS. WHICH WOULD SET THE EXPIRATION DATE TO MAY 25th, 2030 . SOME OF YOU MAY DO THE MATH AND THINK, MAY 25th, 2030 IS MAY 25th 2024 AND THAT IS RIGHT. THE WAY THAT THE SUBDIVISION MAP ACT WORKS IS, WHEN THESE REQUESTS FOR TENTATIVE MAP EXTENSIONS COME IN, THEY ARE AUTOMATICALLY EXTENDED FOR 60 DAYS OR WHENEVER AN APPROVAL IS MADE. THIS MAP IS STILL VALID. THE SIX YEARS COMES ALSO I MAXIMUM NUMBER OF DISCRETIONARY APPROVALS ALLOWED BY THE DECISION-MAKING BODY, IN THIS CASE, THE CITY COUNCIL. SOME MAPS, ESPECIALLY AFTER THE 2007 HOUSING CRISIS , THERE WERE SEVERAL STATUTORY EXTENSIONS OR AUTOMATIC EXTENSIONS THAT OCCURRED, SO WE HAVE MAPS THAT WERE APPROVED IN 2007, 2008 THAT ARE STILL IN PLAY TODAY , HOWEVER, AS TIME WENT ON, THERE WERE LESS AND LESS AUTOMATIC EXTENSIONS , SO NOW WE ARE GETTING TO THE POINT WHERE MAPS THAT WERE APPROVED MORE RECENTLY ARE REQUIRED TO GO THROUGH THESE EXTENSIONS. AND THEY ARE FAIRLY COMMON. WE DO QUITE A FEW OF THEM. THESE DEVELOPMENTS ARE QUITE OFTEN VERY MARKET DEPENDENT AND A LOT OF DEVELOPMENT IN THE CITY IS OUT IN AREAS THAT DON'T HAVE A TON OF INFRASTRUCTURE, SO COSTS CAN BE QUITE HIGH TO GET THESE PROJECTS STARTED. THE SECOND PART OF THIS IS TO EXTEND A EXISTING DEVELOPMENT AGREEMENT THAT WOULD EXTEND THE TERM OF THAT OR AMEND THE TERM OF THE DEVELOPMENT AGREEMENT TO EXPIRE ON WHATEVER DATE THE COUNCIL ULTIMATELY EXTENDS THE TENTATIVE MAP TO SHOULD THEY WISH TO DO THAT, IN THIS CASE IT WOULD EXTEND THE REQUEST TO MAY 25th, 2030. THE PROPOSED RESOLUTION INCLUDES A RECOMMENDATION FOR THE CITY COUNCIL FROM THE PLANNING COMMISSION TO APPROVE A SIX-YEAR EXTENSION TO THE TENTATIVE MAP AND TO AMEND THE TERMS OF THE DEVELOPMENT AGREEMENT TO MATCH THAT . I WENT OVER THIS DURING THE LAST SLIDE, BUT AGAIN, THERE'S UP TO SIX YEARS OF DISCRETIONARY APPROVALS ALLOWED ON TENTATIVE MAPS. STAFF DOES RECOMMEND APPROVAL OF THIS . THE PROPERTY IS CURRENTLY OUT ON THE MARKET TRYING TO BE SOLD TO A FUTURE DEVELOPER . IS IMPORTANT TO KEEP THIS MAP ALIVE SO THAT PROJECT CAN STILL MOVE FORWARD . THE CITY IS WORKING ON FRONTAGE IMPROVEMENTS ALONG THAT PROPERTY AS PART OF THE TOTAL PLAN TO WIDEN AND MAKE EAST CYPRESS ROAD A MUCH SAFER ROAD AND THE DEVELOPMENT OF THIS OPERATIVE WOULD RESULT IN REIMBURSEMENT TO THE CITY FOR THOSE IMPROVEMENTS. THIS IS AN IMPORTANT PROJECT TO THE CITY AND TO THE STAKEHOLDERS IN PLAY. SHOULD THE PLANNING COMMISSION APPROVED THIS RESOLUTION, STAFF WOULD TAKE THIS REQUEST TO THE CITY COUNCIL THAT WOULD INCLUDE A RESOLUTION FOR THE TENTATIVE MAP EXTENSION AND ORDINANCE FOR THE DEVELOPMENT AGREEMENT AMENDMENT. THAT CONCLUDES MY STAFF REPORT AND I'M HAPPY TO ANSWER ANY QUESTIONS. >> THANK YOU. JUST FOR INFORMATIONAL PURPOSES, HOW MANY EXTENSIONS CAN BE REQUESTED BY THE DEVELOPER? >> BY THE APPLICANT . THEY CAN REQUEST MORE THAN ONE HOWEVER THE TOTAL NUMBER OF YEARS THOSE EXTENSIONS CAN TOTAL IS SIX. THIS IS A ONE-SHOT DEAL. >> DO HAVE ANY QUESTIONS TO DIRECTOR KEN STRELO OR THE APPLICANT? IF WE DON'T HAVE ANY QUESTIONS FOR THE APPLICANT, WE WILL OPEN THE PUBLIC HEARING AND I DO HAVE A SPEAKER REQUEST FORM IN FRONT OF ME. MR. JIM WILLIAMS? YOU HAVE THREE MINUTES AND THE TIMER IS RIGHT IN FRONT OF YOU. >> JUST A NEIGHBOR TO THE SOUTH AND I WANT TO SEE IF YOU GUYS WILL THINK ABOUT US WHEN PUTTING THE STORE AND OUT THERE AND SEE IF YOU CAN THROW US A BONE AND THROW US SOME SEWERS OUT THAT WAY AND PUT THEM UP OUT OF THE GROUND A LITTLE BIT SO WE CAN WORK WITH THEM. INSTEAD OF LEAVING THEM 20 FEET DEEP THOMAS SO I KNOW IT'S A LITTLE EARLY, BUT IF GOING FORWARD WITH YOUR PROJECT IF YOU CAN --NOBODY ON THE SITE HAS A SEWER. WE ARE ALL ON SEPTIC TANKS AND CONTRA COSTA WATER WAS OUT THERE WORRIED ABOUT THE WATER SO I FIGURED YOU GUYS COULD THROW US A BONE AND US SOME SEWERS THAT WAY . THANK YOU. I APPRECIATE THAT. IS AT THE END OF YOUR COMMENT OR DO YOU HAVE --? THANK YOU SO MUCH. I'M NOT REALLY SURE IF CITY CAN --. >> I'M HAPPY TO GIVE --IS IT MR. JIM WILLIAMS ? YOU CAN CONTACT ME AND I WILL PUT YOU IN CONTACT WITH THE PROPER DEPARTMENT HERE AT THE CITY FOR FUTURE DISCUSSIONS. >> PERFECT. THANK YOU SO MUCH. WE ALSO DID RECEIVE AN ONLINE COMMENT, WHICH WILL BE ENTERED INTO THE MINUTES OF THE MEETING AND HAVING NO FURTHER COMMENT CARDS, WILL CLOSE THE PUBLIC HEARING AND CALL FOR DELIBERATION. DO WE HAVE A MOTION? THE IMPROVEMENTS THAT ARE SO IMPORTANT TO THE CITY ON EAST CYPRESS, CORRECT? THE IMPROVEMENTS YOU WERE TALKING ABOUT, THAT THE CITY WILL BENEFIT FROM, THOSE ARE CURB GUTTER ON EAST CYPRESS? >> FULL WIDENING OF EAST CYPRESS ROAD . THANK YOU FOR CLARIFYING THAT. REALLY GOOD INFORMATION. VERY GOOD. DO HAVE ANY FURTHER QUESTIONS OR ARE WE READY TO ENTERTAIN A MOTION? >> MOVE APPROVAL WE ADOPT A RESOLUTION RECOMMENDING CITY COUNCIL ADOPT A RESOLUTION MAKING FINDINGS AND APPROVING TENTATIVE >> --MAP EXTENSION FOR BURROUGHS SUBDIVISION 9557 AND ADOPT AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT AMENDMENT TO EXTEND THE TERM OF THE EXISTING DEVELOPMENT AGREEMENT, AS CONDITIONED. >> THANK YOU. WE HAVE A MOTION FROM COMMISSIONER KRIEG, DO HAVE A SECOND? SECONDED BY COMMISSIONER PRICE. ALL THOSE IN FAVOR SAY AYE. THOSE AGAINST HEARING NONE , MOTION PASSES UNANIMOUSLY. ITEM 4.5 . THIS IS IN REGARDS TO GOLFBALLIN' PRACTICE FACILITY AND OUT YOUR DISPLAY OF GOLF CARTS BUT WE HAVE DESIGN REVIEW AND CONDITIONAL USE PERMITS IT LOOKS LIKE THREE OF THEM AND MR. GORMAN ? >> THANK YOU SO MUCH, CHAIR. THIS LAST PUBLIC HEARING ITEM IS GOLFBALL -- GOLFBALLIN' PRACTICE FACILITY FOR CONDITIONAL USE PERMITS. FOR THE PROJECT LOCATION WE ARE IN A SIMILAR AREA TO TWO OTHER PROJECTS ALONG MAIN STREET. THIS BUSY AREA. AND FOR THIS PROPERTY , HERE IS A CLOSER VIEW OF IT AT ALMOND TREE LANE , THE SOUTH WEST CORNER . ONE ACRE PROPERTY THAT IS PREVIOUSLY HAD A GARDENING NURSERY, FIRST DEVELOPED IN 2007. THE PROPERTY IS SURROUNDED BY RESIDENTIAL USES ON THREE SIDES, AND ACROSS THE STREET IS THE 4700 MAIN STREET STORAGE FACILITY AND COMMERCIAL SPACES. THE PROPERTY IS DESIGNATED COMMERCIAL IN OAKLEY'S GENERAL PLAN AND ZONED RB , RETAIL BUSINESS DISTRICT. FORMER USES , AMID THE 2008 GLOBAL FINANCIAL CRISIS, CONDITIONAL USE PERMIT AMENDMENT PERMITTED THE DISPLAY AND SALE OF UP TO FIVE USED VEHICLES WITHIN THE NURSERY'S PARKING LOT, LIMITED TO A TWO YEAR PERIOD. THIS ANCILLARY USED-CAR OPERATION PERSISTED BEYOND THE EXPIRATION DATE. IN 2014, AN APPLICATION SOUGHT TO REINSTATE THE PREVIOUSLY APPROVED USED VEHICLE SALES, RESULTING IN A FURTHER AMENDED CONDITIONAL USE PERMIT. THIS PERMIT ALLOWED THE DISPLAY AND SALE OF FOUR USED CARS. STRINGENT CONDITIONS WERE IMPOSED, LIMITING PERMISSIBLE SIGNAGE TO PRICING STICKERS AFFIXED TO THE VEHICLES WINDSHIELDS . THESE PREVIOUS APPROVALS HAVE SINCE EXPIRED. NOW FOR A LAY OF THE PROPERTY, WHICH IS -- I'M GOING TO ASK THAT WE USE THESE TERMS BECAUSE IT'S SUCH A LARGE PROPERTY. THE APPROXIMATELY 2200 SQUARE FOOT PRIMARY BUILDING ON THE PROPERTY CURRENTLY HOUSES A RETAIL GOLF SUPPLY STORE, GOLFBALLIN', TO THE REAR OF THE MAIN BUILDING IS A FENCED 20,000 SQUARE FOOT OUTDOOR AREA THAT WAS ORIGINALLY DESIGNED AS A NURSERY PLANT DISPLAY YARD. HEAR FROM LEFT TO RIGHT WE HAVE A STORAGE LOT IN THE BACK, THE REAR YARD, THE PRIMARY BUILDING WHERE RETAIL SALES AND INDOOR GOLF SIMULATOR TAKES PLACE, AND WE HAVE THE PARKING AREA. CODE COMPLIANCE HISTORY , IN JULY 2023, GOLFBALLIN' INQUIRED ABOUT MOVING TO 4701 MAIN. THE CITY INFORMED THE OPERATOR THAT INDOOR RETAIL WAS PERMITTED, BUT A PRACTICE FACILITY REQUIRED A CONDITIONAL USE PERMIT, GOLF CART THE DISPLAYS WERE NOT ALLOWED IN FRONT, AND NEW STRUCTURES NEEDED HEALING PERMITS. DESPITE REGULAR NOTICES, THE OPERATOR DISPLAYED GOLF CARTS AND BEGAN CONSTRUCTING THE PRACTICE BUSILY WITHOUT PERMITS. A TIMELINE OF EVENTS IS IN THE STAFF REPORT. HERE WE HAVE THE APPLICATION GOING TO THE PLANNING COMMISSION. NOW, FOR TODAY'S APPLICATION IN FRONT OF YOU TONIGHT , WE HAVE THREE ASPECTS TO IT. THE FIRST IS DESIGN REVIEW FOR THE OUTDOOR GOLF PRACTICE FACILITY. WHAT IS DESIGN REVIEW? NOT A TERM YOU RUN INTO EVERY DAY. THAT IS WHERE YOU DO A CERTAIN DEVELOPMENT IN TOWN WHETHER A NEW HOUSE OR IMPROVEMENTS TO A COMMERCIAL PROPERTY AND TYPICALLY GOVERNMENT IS GOING TO WANT TO REVIEW THE DESIGN OF THAT AND THEN IT CONFORMS TO LOCAL REGULATIONS. THE SECOND IS A CONDITIONAL USE PERMIT. WE HAVE USES THAT ARE CALLED BY RIGHT AND THAT IS THE RETAIL SALES. YOU JUST NEED A BUSINESS LICENSE AND YOU CAN SELL. HERE THERE ARE CERTAIN USES ON PROPERTIES THAT A COMMUNITY SAYS, WE WANT THE PUBLIC HEARING OR NEIGHBORS ARE NOTICED AND SPECIAL CONSIDERATION IS PUT IN , AND FINDINGS ARE REVIEWED. BEST THE CASE OR FOR OUTDOOR PRACTICE FACILITY. THEN FINALLY, CONDITIONAL USE PERMIT FOR THE OUTDOOR DISPLAY OF MERCHANDISE HERE , THE DISPLAY OF GOLF CARTS IN FRONT OF THE PRIMARY BUILDING. ALL RIGHTS. WHEN A DECISION IS MADE BY A REVIEW BODY , THERE IS ACTUAL CONTENTS TO THE APPROVAL DOCUMENTS AND THOSE CONTENTS ARE THAT THE LOCAL REGULATIONS REQUIRE THAT THE DECISION-MAKING BODY FIND CERTAIN ASPECTS OF THE PROJECT ARE TRUE OR THAT THEY CONFORM TO SPECIFIC REQUIREMENTS . PURSUANT TO OAKLEY DESIGN REVIEW ORDINANCE, THIS PROPOSAL FOR A PRACTICE FACILITY REQUIRES PLANNING COMMISSION REVIEW. THE PLANNING COMMISSION'S STAFF --THE PLANNING COMMISSION SHALL CONSIDER FOUR CATEGORIES OF DESIGN ELEMENTS FOR EACH DESIGN REVIEW APPLICATION INCLUDING THIS ONE. THOSE FOUR ELEMENTS PARAPHRASED ARE SITE PLANNING INCLUDING BUILDING CITING SETBACK AND ORIENTATION , THE NEXT ONE IS ARCHITECTURE INCLUDING MASSING AND GROUPING FACADES, ENTRIES AND ROOFS, MATERIALS AND COLORS. THE NEXT ONE IS THE LANDSCAPING INSIDE ELEMENTS, AND THE NEXT ONE IS STREETSCAPES . THEN CONDITIONAL USE PERMITS , THEY HAVE A SERIES OF FIVE FINDINGS THAT YOU ARE TO CONSIDER. THE SITE FOR THE PROPOSED USES ADEQUATE IN SIZE AND SHAPE TO ACCOMMODATE THE USE THE PRACTICE FACILITY AND THE GOLF CARTS IN THIS CASE, THAT THE SITE FOR THE PROPOSED USE RELATES TO THE STREETS AND HIGHWAYS ADEQUATE AND WITH, THAT THEY ARE ADEQUATE IN WIDTH AND PAYMENT TYPE, THAT THE PROPOSED USE BE ARRANGE 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 APPLICABLE ZONING ORDINANCES. THAT THE PROPOSED USE PROVIDES FOR THE CONTINUED GROWTH AND ORDERLY DEVELOPMENT OF THE COMMUNITY AND IS CONSISTENT WITH THE VARIOUS LIMITS AND OBJECTIVES OF THE GENERAL PLAN AND FINALLY, THANKS FOR YOUR PATIENCE, THAT THE PROPOSED USEFUL COMPLIED WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. THAT'S THE WAY WE ARE MEASURING PROJECTS AS THEY COME IN. NOW, FOR THIS PROPOSAL, THIS PROPOSAL HERE IS A SITE PLAN ON THE LEFT-HAND SIDE OF THE GOLF PRACTICE FACILITY . IT INCLUDES A 960 SQUARE FOOT METAL ACCESSORY STRUCTURE WHICH HAS BEEN CONSTRUCTED WITHOUT A BUILDING PERMIT . IT IS OPEN ON ONE SIDE AND DESIGN TO BE CONVERTED INTO A SERIES OF NESTED DRIVING BAYS WITH TWO LAYERS OF NETTING. A LARGE PUTTING GREEN IN THE CENTER OF THE YARD AROUND AN EXISTING FOUNTAIN , A SMALLER POTTED GREEN AND TWO BUNKERS IN THE NORTHWEST SECTION OF THE REAR YARD FOR PRACTICE, WALKING PATHWAYS CONNECTING ALL OF THE FEATURES, ONE LARGE PAD AND MULTIPLE SMALL PADS WERE DISPLAYING GOLF CARTS FOR SALE , EIGHT FOOT FENCING MADE UP OF WOOD POSTS -- EIGHT FOOT PLUS FENCING MADE UP OF WOOD POSTS AND FABRIC, PRIVACY SCREENING BETWEEN THE DRIVING BAYS IN THE HOMES TO THE NORTH AND A LARGE WHITE VINYL TENT . ON THE RIGHT-HAND SIDE, YOU WILL SEE THE DRIVING BASE STRUCTURE THERE. I WILL GIVE YOU ONE MORE MOMENT TO LOOK AT THAT. STAFF ANALYSIS ON THIS APPLICATION , JUST LIKE THE OTHER ONES, WE PROVIDE AN ANALYSIS AND HER STAFF REPORT TO YOU AND WE HAVE , MOST ASPECTS OF THE PROPOSED PRACTICE FACILITY CAN MEET THE REQUIRED FINDINGS. THE YARD AREA IS ADEQUATELY SIZED AND DESIGNED TO ACCOMMODATE NEARLY ALL COMPONENTS OF THE PRACTICE FACILITY. IT'S LARGE DIMENSIONS, EXTENSIVE FENCING, AND AMPLE ON-SITE PARKING ENSURE THE LOCATION CAN SUITABLY HOUSE FACILITY OF THE PROPOSED SCALE. THE DESIGN OF THE PRACTICE FACILITY IS FOUND TO PROVIDE QUALITY SOLUTIONS TO THE ASPECTS OF DESIGN THAT THE MUNICIPAL CODE REQUIRES THE PLANNING COMMISSION REVIEW. THE PROPOSED MATERIALS AND PAINT ARE OF SUFFICIENT QUALITY FOR COMMERCIAL PURPOSES. FOR ALMOST ALL OF THIS PROJECT, WE FIND IT CLEARLY MEETS THE FINDINGS FOR APPROVAL . THE YARD IS QUITE LARGE AND IT IS GOOD FOR A PRACTICE FACILITY IN PLAIN TERMS. THERE ARE COMPATIBILITY CONCERNS WITH THE DRIVING PRACTICE BAYS LOCATED WITHIN 100 FEET OF THE RESIDENTIAL PROPERTIES IN THE PROPOSAL FOR THE DISPLAY OF AN UNLIMITED NUMBER OF GOLF CARTS. HERE IS A PICTURE WITH THE PRACTICE FACILITY OUTLINED ON THE RIGHT-HAND SIDE. ON THE LEFT-HAND SIDE OF THE NEARBY HOMES --. THE LOUD NOISE GENERATED BY DRIVING IS EXCEEDING 100 DECIBEL AND IS FOUND TO BE INCOMPATIBLE WITH THE NEARBY RESIDENTIAL PROPERTIES. REGARDING THE REQUEST FOR THE OUTDOOR DISPLAY OF GOLF CARTS IN FRONT OF THE CAR PRETTY, THIS COMPONENT IS FOUND TO MEET THE NECESSARY FINDINGS, IF THE NUMBER OF DISCRETE CARTS IS LIMITED, IT WOULD ENSURE ADEQUATE PARKING IS MAINTAINED , LANDSCAPED AREAS ARE MAINTAINED, AND A BUSINESS APPEARANCE IS COMPATIBLE WITH THE SURROUNDING NEIGHBORHOOD. FOR THE FINAL SECTION, WE GO OVER SPECIAL CONDITIONS. FOR EACH APPLICATION REQUIRING PLANNING COMMISSION APPROVAL, CITY STAFF INCLUDE PROPOSED CONDITIONS IN A DRAFT RESOLUTION . IN THIS CASE, TWO SPECIFIC CONDITIONS ARE DEEMED NECESSARY TO GET THE PROJECT TO MEET THE REQUIRED FINDINGS FOR APPROVAL IN OUR LOCAL MUNICIPAL CODE. THE FIRST PROPOSE CONDITION MANDATES THAT ANY DRIVING PRACTICE OCCUR WITHIN AN INSULATED, FULLY ENCLOSED STRUCTURE. THE SECOND CONDITION LIMITS GOLF CARTS DISPLAYED IN FRONT OF THE BUSINESS TO THREE. WHEN CONSIDERING SPECIAL CONDITIONS, CARE IS TAKEN TO AVOID PUTTING UNDUE BURDEN ON A BUSINESS OPERATOR. IN THIS CASE, CITY STAFF REVIEWED GOLF FACILITIES BOTH WITHIN OUR LOCAL AREA AND WITHIN CITIES REGARDED AS GOLF FRIENDLY TO EXPLORE EXISTING CONDITIONS ELSEWHERE AND SEE IF WE CAN FIND SOME ALTERNATIVE SOLUTIONS . LOCALLY, DRIVING RANGES LIKE SHADOW LAKES IN BRENTWOOD AND OAKHURST GOLF CLUB IN CLINTON MAINTAIN AT LEAST 250 FEET SEPARATION FROM HOMES, WHICH CAN BE INTERPRETED AS HAVING ACCEPTED AND ASSUMED RISK BY BUILDING SIMULTANEOUSLY WITH THE GOLF COURSES . FURTHER RESEARCH INTO CITIES DEEMED GOLF FRIENDLY BY GOLF PUBLICATIONS INCLUDING SCOTTSDALE, ORLANDO, AND LAS VEGAS , REVEALED MOST PRACTICE FACILITIES IN THOSE CITIES EXCEED 300 FEET FROM RESIDENCES WITH THE FEW EXCEPTIONS WITHIN 100 FEET BEING EXCLUSIVELY INDOOR PRACTICE FACILITIES. THIS REVIEW ALLOWED STAFF TO CONCLUDE THAT THE PROPOSE CONDITION TO HAVE ONLY INDOOR DRIVING PRACTICE WITH THE APPROPRIATE SOLUTION TO ALLOW THE PROJECT TO MEET THE REQUIRED FINDINGS FOR APPROVAL AND THERE WERE NON-EXAMPLES OF SUCCESSFUL ALTERNATIVES . HERE IN THIS PICTURE, YOU HAVE SHADOW LAKES ON THE LEFT-HAND SIDE WITH THE 300 FOOT SEPARATION. OVER ON THE RIGHT IS OUR TYPICAL INDOOR FACILITY IN THE UNITED STATES , LESS THAN 100 FEET, BUT INDOORS, THIS IS GOLF TECH IN LAS VEGAS. ENVIRONMENTAL REVIEW , THIS PROJECT IS CATEGORICALLY EXEMPT FOR THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15301 EXISTING FACILITIES OF THE CEQA GUIDELINES. THIS SECTION EXEMPTS PROJECTS WHEN THE PROJECT HAS NEGLIGIBLE OR NO EXPANSION OF USE BEYOND THE EXISTING AT THE TIME OF THE LEAD AGENCY'S DETERMINATION. THE PROPOSED USE, AS CONDITIONED HERE, WOULD NOT REPRESENT A SIGNIFICANT EXPANSION OF THE EXISTING RETAIL GOLF SUPPLY USE. STAFF RECOMMENDATION , STAFF RECOMMENDS THE PLANNING COMMISSION ADOPT THE RESOLUTION, APPROVING THE PROJECT TITLED GOLFBALLIN' PRACTICE FACILITY AND OUTDOOR DISPLAY OF GOLF CARTS, DESIGN REVIEW AND CONDITIONAL USE PERMITS AS CONDITIONED. THAT CONCLUDES MY STAFF REPORT . I CAN ANSWER ANY QUESTIONS YOU HAVE ON THE REPORT . THE APPLICANT IS HERE AND WOULD LIKE TO TALK ABOUT THEIR PROJECT AND THEY CAN ANSWER ANY QUESTIONS YOU HAVE AS WELL. I APPRECIATE IT. THANK YOU, COMMISSION. >> THANK YOU, MR. GORMAN. OKAY, SO JUST TO CLARIFY, WHEN WE SAY AS CONDITIONED, THAT MEANS INDOOR DRIVING RANGE , FULLY INSULATED, RIGHT? >> THAT IS CORRECT. THE DRAFT RESOLUTION INCLUDES THE TWO CONDITIONS WE WENT OVER. >> SO, IT'S NOT GOING TO ESSENTIALLY --ON THE PEOPLE NEARBY, ON THOSE RESIDENCES? AND THEIR QUALITY OF LIFE? THE OTHER QUESTION IS, THE CONDITION ALSO MEANS ONLY THREE GOLF CARTS , UP TO THREE GOLF CARTS IN THE FRONT, CORRECT? >> YES, THAT IS OUR PROPOSE CONDITION. >> GOT IT. THANK YOU. THANK YOU FOR CLARIFYING THAT. DO HAVE ANY QUESTIONS FOR MR. GORMAN OR WHAT WE LIKE TO INVITE THE APPLICANT TO COME TO THE DESK AND WE WILL HAVE QUESTIONS FOR YOU. THEY CAN WAIT? OKAY, SOUNDS GOOD. COMMISSIONER PRICE , DO YOU HAVE ANY QUESTIONS FOR ME RIGHT NOW? WHAT THE APPLICANT PLEASE LIKE TO ADDRESS THIS? >> THE ONLY THING I REALLY HAVE TO SAY ON THAT IS THAT, IS THAT WRITTEN IN STONE? I HEARD THE USED CAR LOT GOT FIVE CARS OR FOUR CARS THOSE WERE IN THE PARKING LOT. I HAVE A LOT OF ADJACENT SPACE THAT'S JUST DEAD SPACE IN MY LOT THAT IS NOT BEING USED AT ALL THAT GOLF CARTS CAN BE PARKED THERE. I GET IT, WE DO 130 OR 40 CARTS OUT THERE, I WOULD JUST LIKE TO HAVE FOUR TO SIX GOLF COURSE OUT THERE. THREE, IF YOU'RE TRYING TO SELL SOMETHING, THREE OF THEM DOESN'T DO AS WELL. IT DOESN'T CATCH PEOPLE'S EYE. THE REASON I PAY A HUGE PREMIUM FOR THOSE PROPERTIES IS BECAUSE IT'S ON MAIN STREET. , HAVE TO PARK EVERY GOLF CART THAT I SELL , WHICH IS HAVE OF MY REVENUE IN THE BACK, SINCE I HAVE BEEN OPEN, IT'S AFFECTED ME TREMENDOUSLY. THE OTHER THING WAS, IS THERE A WAY TO SHOW OR TO EVALUATE THE FACT THAT MY HIGH GRADE , DOUBLE LAYERED CUSTOM , NO STEAMED NETTING WILL PROVIDE ENOUGH TO KEEP THE BALLS IN THERE AND THAT WE CAN AT LEAST TEST THE NOISE, NOT ASSUME THEY CAN HEAR , BECAUSE I UNDERSTAND WE HAVE TO DO OUR RESEARCH OFF OF WHAT IS OUT THERE, BUT JUST BECAUSE THERE ISN'T ANYTHING LIKE MY BUSINESS DOESN'T MEAN THERE SHOULDN'T BE ANYTHING LIKE MY BUSINESS. GOLF IS AN OUTDOOR SPORT . I DON'T WANT IT JUST INDOORS. OTHERWISE I WOULD HAVE GOT AN ABANDONED GROCERY STORE AND MADE IT ALL INDOORS. I LIKE THE FACT THAT IT WILL BE INDOORS AND OUTDOORS. ALSO, THE BUILDING IS A CARPORT. SO, I DIDN'T THINK IT WAS A BUILDING. IS A CARPORT. I'M VERY TERRIBLE AT DOING THESE TYPES OF THINGS, AS FAR AS , NOT TO TALK ANYTHING ABOUT OTHER CITIES, BUT ANTIOCH DIDN'T HAVE TO WORRY ABOUT ANYTHING. I NEVER HAD TO COME UP HERE, NEVER WORRIED ABOUT ANYTHING. I WAS IN BRENTWOOD AND HAD 50 GOLF CARTS. DIDN'T HAVE TO DEAL WITH ANY OF THIS. SO, I'M NOT SAYING THAT IT'S WORSE OR WRONG OR RIGHT, I'M JUST SAYING, I'M NOT GOOD AT THIS PART AND I'M LEARNING TO --THE DUE PROCESS AND WHAT WE NEED TO DO AND EVERYTHING LIKE THAT. SO, I APPRECIATE YOU GUYS BEING LENIENT WITH ME AS FAR AS THE FACT THAT I DON'T HANDLE THIS AS WELL AS SOME OTHER BUSINESS OWNERS MAY COME AS FAR AS GETTING PERMITS AND EVERYTHING LIKE THAT. SO, I JUST WOULD LIKE TO KNOW IF THIS IS WHAT WE ARE SAYING AND THAT'S HOW IT HAS TO BE, OR IS THERE A MIDDLE GROUND? AND , MAKING THAT STRUCTURE FULLY ENCLOSED? >> THANK YOU FOR YOUR PRESENTATION. I'M SORRY, I DID NOT CATCH HER LAST NAME. >> BRANDON JOHNSON. THANK YOU MR. JOHNSON. QUESTIONS FROM OUR COMMISSIONERS? COMMISSIONER PRICE? OKAY. DO WE HAVE QUESTIONS? YOU'LL WAIT? YOU'LL WAIT FOR THE DELIBERATION PROCESS? OKAY. YOU HAVE THE APPLICANT RIGHT HERE. YOU WANT TO ASK HIM? I'LL TELL YOU I'M A LITTLE CONCERNED YOU SAID IS THIS CARVED IN STONE ? YES IT IS. THAT'S THE POINT OF THE CONDITIONS OF APPROVAL. >> OF NEVER DONE ANYTHING LIKE THIS SO I HAD TO ASK. SO THERE'S NOT REALLY --YOU HAVE TO BE CONCERNED I'M JUST ASKING A QUESTION. I DON'T KNOW HOW THIS WORKS. THAT'S ALL IT WAS. IF I CAN ONLY HAVE THREE CARDS , THEN I DON'T HAVE A CHOICE. >> MAYBE I'M NOT UNDERSTANDING, MAKE --CAN'T CARTS TO BE PUT BEHIND THE BUILDING? IF THEY KNOW THAT'S WHERE THEY CAN BUY A CART --. >> IF YOU DRIVE BY FORD ARE ALL THE CARS IN THE BACK? >> PRETTY MUCH BACK WHEN YOU GO TO A CAR DEALER, YOU SAY THIS IS WHAT I WANT AND THEY GO FIND IT AND BRING IT TO YOU. THAT'S THE WAY I HAVE ALWAYS DONE IT. I DON'T PICK OUT A CAR BASED ON WHAT I SEE DRIVING DOWN THE STREET. SORRY, I DON'T MEAN TO --. >> YOU WOULD BE A SMALL PERCENTAGE. EVERY CAR LOT I DRIVE BY HAS ALL THEIR CARS OUT FRONT. THEY MIGHT HAVE ONE BEING CLEANED OR DETAILED IN THE BACK BUT --IF YOU DRIVE BY, I LIKE THAT, THAT LOOKS NICE. I UNDERSTAND, I WANT ALL 30 OF MY GOLF CARTS OUT THERE. IF THREE IS ALL I CAN HAVE, THAT I'M WILLING TO --I HAVE TO DO THAT. SO, BUT I JUST ASK FOR A LITTLE MORE . IF THEY CAN HAVE A USED CAR LOT WITH FIVE CARS THAT ARE BIGGER AND THESE ARE CARTS THAT ARE MUCH SMALLER, YOU THINK -- . IS A SMALLER OBJECT AND I CAN HAVE LESS OF THEM. IT JUST SEEMS A LITTLE FUNNY TO ME, BUT EITHER WAY I DON'T RULES, I JUST HAVE TO ABIDE BY THEM. I WAS JUST ASKING. >> THANK YOU, MR. JOHNSON. IF THERE ARE NO MORE QUESTIONS AT THIS TIME FROM THE COMMISSION, LET'S OPEN THE PUBLIC HEARING BECAUSE WE DID RECEIVE QUITE A FEW COMMENTS , SO, LET'S SEE. LET'S BEGIN WITH A FEW SPEAKER CARDS. MR. DAVID DELGADO? YOU'RE NOT READY YET? NO PROBLEM. MR. VICTOR ? THAT'S WHAT IT WOULD BE LIKE WHEN YOU HEAR A GOLF BALL WHACK EVEN SNAP , PEERS, BRICK. I HAVE BEEN PLAYING GOLF SINCE I WAS SEVEN. I KNOW WHAT IT'S LIKE. THE FIRST THING IS, YES, I ALSO WAS IN CONSTRUCTION AND IN A LOT OF GAS STATIONS, ALL HAD TO BE APPROVED FOR LANDSCAPING BEFORE EVEN MAKING CHANGES FOR ANYTHING. THERE NEEDS TO BE AT HEIGHT FOR A SIGN. VISUAL VIEW, MAIN STREET, EXITING LEFT AND RIGHT, WE ARE LOOKING AT CHAOS. WE HAD A FEW ACCIDENTS BACK DURING COVID . A TESLA ALMOST WENT TO THE SOUND WHILE. THE CAR LANDED ON THE NURSERY INSTEAD. I HAVE THOSE PAST PICTURES. THERE IS A REPORT OF A LOT OF THINGS THAT HAVE HAPPENED DURING THE COVID TIME. SO, NUMBER ONE THING IS THAT, THE NOISE ORDINANCE, WHEN THERE WAS TO TRUCKS ON THE WEEKENDS, NO PERMITS , OR EXPIRED PERMITS , TIMELINE OF OPERATIONS , QUIET AND PEACETIME, RESIDENTS ARE SO CLOSE. IF YOU LOOK IN THE VEHICLE CODE AND PENAL CODE, DECIBELS, 90 DECIBELS ON THE VEHICLE HAS TO BE MEASURED APPROXIMATELY BY 20 INCHES FROM THE EXHAUST PIPE , NOT FROM 100 FEET. SO IF YOU WANT TO LOOK THAT UP, PLEASE LOOK THAT UP AND CHECK BACK WITH ME ON THAT BECAUSE I BELIEVE I SAW THAT PICTURE HAD TO LOOK UP PENAL CODE BECAUSE I'M ALSO A SECURITY GUARD AND PATROL OFFICER. WHEN THIS COMPANY CAME INTO BUSINESS, I WAS DOING 12 HOUR NIGHT SHIFTS. HOW MY SUPPOSED TO SLEEP DURING THE DAYTIME WHEN I ACTUALLY HAVE MUSIC LUSTING WHEN I HAVE FRIDAY NIGHT AND SATURDAY NIGHT AND SUNDAY NIGHT AT IT TO MY SHIPS? INSOMNIA. CHAOS. DO I NEED IT? NO. NOW, ALL OF A SUDDEN HE HAS --I DO LOVE THE STATUTE. BUT THE FAN , I WAS UP UNTIL 2:00 IN THE MORNING. I DON'T THINK THE GROUND KEEPER GUY TURNED IT OFF. IT DOES ECHO OFF THE WALL AND THE CEMENT. OKAY, ANOTHER THING ALSO, HITTING BAYS. IT FACES TOWARDS -- THEY FACE TOWARDS THE RESIDENCE AND IF IT'S NOT CLOSED IN BY CEMENT BLOCK THAT WE ARE GOING TO HEAR IT. THINK OF A GUN RANGE. SO, THE THING IS, YOU HAVE A BIG CLUB AND IT'S GOING TO WHAT ALMOST 300 MILES PER . BRENTWOOD GOLF COURSE, PEOPLE USE THE BROKEN WINDOWS AND ALL OF THAT BECAUSE IT WAS SO CLOSE. PEOPLE HAD TO LEARN HOW TO HIT A GOLF BALL RIGHT. ANOTHER THING, ALSO, NIGHTLIGHTS, THE ONE SHINING , IT'S HITTING ALL OF OUR MASTER BEDROOM SPIRIT MY NEXT-DOOR NEIGHBOR COULDN'T MAKE IT TONIGHT. ANOTHER THING, ALSO, GOLF CARTS ARE NICE. I DO LOVE THEM. THEY HAVE STYLE. HE DISPLAYS THE GOOD ONES , I'M GAME, BUT -- SORRY. >> I'M SORRY, YOU'RE OUT OF TIME. THANK YOU FOR YOUR COMMENT. ALL RIGHT, I HAVE NEXT SPEAKER AHMED ? AND I DIDN'T CATCH THE LAST NAME. SAME LESSON? OKAY WONDERFUL. YOU HAVE THREE MINUTES. >> I'LL MAKE IT QUICK TO THE POINT. AS HE WAS THING ABOUT THREE CARTS, I DON'T THINK IT'S FAIR. WHEN YOU GO TO CAR DEALERSHIPS, NOTHING AGAINST YOU AND YOUR OPINION, IF I GO TO USE FOR DEALERSHIP AND I SEE ONLY THREE CARS, WASTE OF TIME. IF I GO TO ANOTHER ONE, I SEE 10 CARS, I'M MORE LIKELY TO FIND SOMETHING THAT I LIKE. SOMETHING WITH ANYTHING. THE MORE OPTIONS YOU HAVE, THE MORE YOU ARE INTRIGUED TO GO IN. IF I GO SOMEWHERE THAT'S GOING OUT OF BUSINESS, I'M NOT GOING TO FIND ANYTHING ALIKE. IF I FIND SOMEWHERE OR IS OPEN, I GO WALKING. I THINK THREE IS NOT ENOUGH. SHE'S BEING NICE. SIX IS BEING GENEROUS PICK I WOULD HAVE SENT 10. TO BE OPERATING A BUSINESS, YOU HAVE TO HAVE SELECTION. WHEN IT COMES TO THE NOISE, TEST IT, SEE WHAT'S GOING ON. GO DURING THE DAY. ON FRIDAY, SATURDAYS, OPERATE TILL MIDNIGHT , ON SUNDAY DURING THE WEEK, 10:00 SHUTDOWN. WE WILL COOPERATE WITH YOU. DON'T FIND THE GUY, TEXT HIM. THE MORE HE MAKES, THE MORE THE CITY MAKES . IF YOU KEEP FINDING HIM, IF HE KEEPS PAYING FINES, TAKE THEM OUT OF BUSINESS AND THEN WHO GAINS? NO ONE. LET THE GUY, GIVE HIM A CHANCE, LET HIM MAKE SOME MONEY. THE MORE HE MAKES THE MORE THE CITY MAKES. >> THANK YOU, MR. AHMED. NEXT ONE WE HAVE TERRY JOHNSON. MISS JOHNSON? YOU ARE ON. >> I WANT TO SAY TOO POINT, CAR DEALERSHIPS DO HAVE CARS IN THE BACK BUT YOU KNOW WHAT A CHEVY F-150 LOOKS LIKE THOMAS SO THEY HAVE A BLUE ONE OUT FRONT, RED ONE, BUT IN THE BACK OF THE WHITE ONE, YELLOW AND GREEN. OFF CARTS ARE ALL DIFFERENT. THERE IS NOT TWO GOLF CARTS THE SAME. THEY ARE DIFFERENT YEARS, MODELS, AND HE IS SELLING USED GOLF CARTS VERY FEW ARE VERY BRAND-NEW AND EVEN I BET YOU YOU, YOU COULD NAMING A BRAND-NEW GOLF CART. YOU KNOW THE BRANDS, YOU DON'T KNOW THE STYLE, YOU DON'T , SO THEY NEED TO HAVE DISPLAYS FOR PEOPLE TO BE ABLE TO SEE THE CHOICES THAT THEY HAVE. I AGREE, THE NICER ONES SHOULD BE OUT FRONT, THE ONES THAT ARE LOWER VALUE, MAYBE IN THE BACK, BUT HE DOES NEED MORE THAN THREE. I MEAN, WE HAVE OPEN SPACE IN THE FRONT THAT DOESN'T TAKE UP ANY PARKING SPACE FOR GOLF CARTS BECAUSE THEY ARE VERY SMALL. AND TO THE OTHER POINT ABOUT THE HITTING BAYS, THE NETTING IS BASICALLY LIKE --WHAT'S IT CALLED? YOU KNOW FOR THE BASEBALLS? WHAT ARE THEY CALLED? BATTING CAGES, THAT'S THE WORD. IT'S LIKE A BATTING CAGE BRICK IT'S ALL NETTED IN FROM THE BALLS TO SAY CONTAINED. THE NOISE, LIKE I WOULD SAY, GO AHEAD AND TESTED OUT, BUT IT'S BASICALLY A LARGER BATTING CAGE IS WHAT THE HITTING BAYS ARE. AS FAR AS ALL OF THE PERMITTING AND THE FINES, WE HAD A LOT OF FREEDOM IN BRENTWOOD. I'M SURE YOU HAVE SEEN THE FACILITY IN BRENTWOOD. IT WAS THERE FOR 7 YEARS. WE DIDN'T HAVE ISSUES. WE DIDN'T HAVE ISSUES IN BRENTWOOD . EVERYBODY LOVED THE FACILITIES, SO WE WANT TO NOW --WE ARE IN OAKLEY AND WE WOULD LOVE FOR ALL OF THE RESIDENCE TO COME AND ENTER THE FACILITY IN OAKLEY. THANK YOU. >> THANK YOU SO MUCH. MR. DAVID DELGADO, ARE YOU READY? ALL RIGHT, EXCELLENT. PLEASE APPROACH. I KNOW THIS IS MAINLY ABOUT THE DISPLAY OF GOLF CARTS AND CONDITIONAL USE PERMITS, BUT IF I MAY SAY, I JUST WANT TO BRING UP THE FACT HOW IMPORTANT IT IS TO HAVE A RECREATIONAL FACILITY IN OUR CITY. IT'S A BLESSING TO US. SPEAKING FOR ME AND MY WIFE, PART OWNER OF A SELF-DEFENSE BUSINESS AND WE ARE ALSO BRINGING THAT TO THIS CITY OF OAKLEY AND IN THE NEAR FUTURE IN JULY, FIRST OF ALL I WANT TO ASK, HAVE ANY OF YOU BEEN INTO GOLFBALLIN'? BEAUTIFUL. IT IS BEAUTIFUL INSIDE. MY POINT IS, I KNOW IS ABOUT THE PERMITS, BUT I JUST WANTED TO SAY, ONCE YOU GET THAT ALL IRONED OUT, HOW IMPORTANT IT IS TO HAVE AS MANY RECREATIONAL FACILITIES IN OUR COMMITTEE, IT BRINGS A BETTER QUALITY OF LIFE. THE MORE WE CAN KEEP KIDS OUT OF TROUBLE, HAVE SOMEONE TO GO TO, I MET BRANDON PERSONALLY A COUPLE YEARS BACK AND HE HAS PEOPLE THAT TEACH BUT HE TEACHES HIMSELF. GREAT WITH KIDS AND GREAT GOLF LESSON PERSON AND IT'S ADDING QUALITY TO THE CITY TO HAVE THIS FEAR? GET EVERYTHING IRONED OUT, I WANT TO MENTION HOW IMPORTANT IT IS, THE MORE YOU HAVE SWIM LESSONS, GOLF LESSONS, KAYAK, PATIENT, AND ESPECIALLY IS SO POPULAR HERE . IT WOULD BE A BLESSING TO HAVE THIS BUSINESS IN OUR COMMUNITY. I JUST WANTED TO SAY. >> THANK YOU SO MUCH, MR. DELGADO. OKAY, I DON'T HAVE ANY MORE SPEAKER CARDS IN FRONT OF ME. WE DID RECEIVE A COUPLE OF ONLINE COMMENTS , WHICH WERE VASTLY FOCUSED IN ON THE SAME AREA, WHICH IS NOISE, RIGHT? SO, WE WILL CLOSE THE PUBLIC HEARING AT THIS POINT AND MOVE TO DELIBERATION BETWEEN THE COUNCIL ON THIS MATTER. >> MR. CHAIR? I TRIED TO GET A REQUEST TO SPEAK, I JUST WANTED TO ADD , A LITTLE BIT OF CONTEXT AND INFORMATION JUST FOR BACKGROUND PURPOSES . THIS ISN'T TO ADDRESS ANY SPECIFIC COMMENTS OR ANYTHING, I JUST WANT TO POINT OUT A LITTLE BIT OF THE ZONING BACKGROUND AND ADD THAT CONTEXT TO IT . AS MR. GORMAN POINTED OUT DURING THE PRESENTATION, THIS IS A RETAIL BUSINESS DISTRICT ZONING. AUTOMOBILE INVENTORY SALES IS A HABITED USE IN THIS DISTRICT . IT WOULD BE A CONDITIONALLY PERMITTED USE IN A GENERAL COMMERCIAL ZONING DISTRICT. IT'S A NUANCE THAT PLANNERS ARE AWARE OF AND PROPERTY OWNERS WHO KNOW WHAT THEY'RE ZONING IS , IS AWARE OF, BUT THIS BUSINESS COULD NOT --THIS SITE I SHOULD SAY, WOULD NOT BE SUBJECT TO A CONDITIONAL USE PERMIT FOR NEW VEHICLE SALES , SORT OF LIKE WHAT EVERYBODY IS TALKING ABOUT , A CHEVY OR FORD OR WHEREVER MAYBE. AGAIN, THAT'S NOT TO COMMENT ON ANY OF THE OTHER COMMENTS. I JUST WANT TO PROVIDE THAT CONTEXT BECAUSE THE COMPARISON OF A VEHICLE SALES HAS BEEN SPOKEN ABOUT. THAT'S ALL, THANK YOU. >> THANK YOU, DIRECTOR STRELO. COMMISSIONER KRIEG? >> I AGREE WITH WHAT MR. DELGADO SAID. HAVING A RECREATIONAL FACILITY LIKE THIS IN OAKLEY REALLY ADDS TO THE QUALITY OF LIFE FOR US ALL. THAT SAID, I HAVE A COUPLE OF CONCERNS AND MOSTLY HAS TO DO WITH --AND I KNOW YOU SAID YOU HAVE TROUBLE WITH --AND DON'T UNDERSTAND THE PROCESS AND PERHAPS STAFF CAN WORK WITH YOU TO HELP YOU UNDERSTAND WHAT HAS TO HAPPEN HAPPENS BUT LOOKING DOWN THE LIST OF THE PAST NONCOMPLIANCE WITH VARIOUS BUILDING PERMITS AND OTHER REQUIREMENTS THAT'S OF CONCERN TO ME. AND I WOULD HOPE, GOING FORWARD, YOU WOULD PAY ATTENTION TO THE TEES AND EYES AND CROSS THEM AND GOT THEM TO MAKE SURE IT'S DONE PROPERLY. I THINK A FACILITY LIKE THIS IS SO DIFFERENT AND SO UNIQUE FOR OUR TOWN THAT IS GOING TO ADD TO THE QUALITY OF ALL OF OUR LIVES, WHETHER YOU PLAY GOLF OR NOT. I LIKE THE IDEAS THAT YOU HAD FOR BRINGING KIDS INTO TEACH THEM TO PLAY GOLF . I AM CONCERNED ABOUT THE NOISE AND IT SOUNDS LIKE THE CONDITIONS THAT STAFF PUT TOGETHER WILL ADDRESS THAT. THERE'S ONLY 19 PARKING SPOTS ? HOW BUSY DO YOU GET WHEN THERE IS PEOPLE IN THEIR DOING GOLF BOWLING? I DON'T KNOW IF --I DON'T KNOW IF THAT'S GOING TO BE ENOUGH. I WOULD HOPE IT'S NOT ENOUGH BECAUSE IT WOULD BE A GOOD THING FOR YOU. NO, PARKING CUSTOMERS. >> [ INAUDIBLE ] >> THAT WOULD BE A GOOD THING. THE MUNICIPAL CODE , IF IT'S ALL RIGHT TO PROVIDE SOME CONTEXT ON PARKING, THE MUNICIPAL CODE SETS THE REQUIRED AMOUNT OF PARKING SPACES FOR EVERY USE . THE RETAIL SECTION BY ITSELF NEEDS FEAR SPOTS THEN ARE THERE NOW, THE 19, BUT AS YOU MAKE A PROJECT MORE AMBITIOUS, THE CODE REQUIRES MORE SPOTS TO ADDRESS THAT BIG OUR INTERPRETATION GOING THROUGH THE CALCULATIONS OF THE MUNICIPAL CODE IS THAT THE PROPOSED PROJECT NEEDS TO USE ALL 19 SPACES, WHETHER IN ACTUALITY THEY ARE NEEDED EVERY DAY OR NOT , AND THAT IS WHY WE ARE NOT ABLE TO PERMIT GOLF CARTS STATE IN THE PARKING SPOTS BECAUSE THE CODE REQUIRES THEY BE USED AS AVAILABLE PARKING SPACES. >> THANK YOU FOR SHARING THAT INFORMATION. >> JUST TO REMIND COME ALTHOUGH WE ARE NOT STREAMING, THIS MEETING IS STILL BEING RECORDED SO IF THERE ARE ANY FOLLOW-UP QUESTIONS FOR THE APPLICANT, WE WOULD ASK THOSE BE QUESTIONED AND THE APPLICANT COME UP TO THE PODIUM TO SPEAK INTO THE MICROPHONE ON THOSE RESPONSES. >> THANK YOU FOR POINTING THAT OUT. WE ALSO DO NOT WANT TO HAVE A CONVERSATION BECAUSE WE ALREADY ARE IN DELIBERATION , BUT YEAH, IF YOU WOULD LIKE TO ADDRESS THE COUNCIL OR COMMISSION , PLEASE, BE PRESENT AT THE MICROPHONE. THANK YOU. COMMISSIONER KRIEG , I WILL YOU CONTINUE. IS THAT IT? OKAY, COMMISSIONER PRICE , DO YOU HAVE ANY QUESTIONS OR CONCERNS, COMMENTS? LOOKING AT ALL OF THE CONDITIONAL COMMENTS THAT THEY HAVE TO ADDRESS ON HERE, 32 OF THEM, IS THAT PRETTY TYPICAL WITH A BUSINESS THAT IS COMING INTO OAKLEY AND OPERATING ? THIS IS FOR A CONDITIONAL USE PERMIT AND DESIGN REVIEW AND IT ALSO INCLUDES TWO SEPARATE USES FOR CONDITIONAL USE PERMITS, SO NORMALLY WE WOULD HAVE 80 SOME ODD CONDITIONS OF APPROVAL ON A NEW PROJECT . SINCE THIS PROJECT DOESN'T INCLUDE DEVELOPMENT, AS MUCH AS LIKE A NEW PROJECT WHAT WERE YOU HAVE STREET DEDICATION AND ROAD FRONTAGE IMPROVEMENTS , IT'S HARD TO SAY WHETHER IT IS TYPICAL OR NOT BUT SINCE IT IS A DESIGN REVIEW APPLICATION AND IT DOES INCLUDE TWO CONDITIONAL USE PERMITS, I WOULDN'T SAY IT'S AN ABNORMALLY LARGE NUMBER OF CONDITIONS. IT'S APPROPRIATE FOR THE USE AND THE PROPOSAL. >> DO THESE CONDITIONS TAKE CARE OF THE NEIGHBORS WITH THE THINGS WE HAD COMING IN ON NEIGHBORS TALKING ABOUT NOISE? >> WE BELIEVE THEY DO, AND SOME OF THE ONLINE COMMENTS SAID, WE SUPPORT THE CONDITIONS. I BELIEVE ONE OF THEM SAID. >> THAT'S CORRECT. >> THANK YOU. >> THANK YOU , MR. GORMAN. LET'S SEE. SO, I DO HAVE A QUESTION TO EITHER ONE OF YOU GENTLEMEN, TO MR. GORMAN ART DIRECTOR STRELO. LET'S JUST ADDRESS REALLY QUICK THE LIMITED AMOUNT OF CARDS DISPLAYED IN THE FRONT WHICH IS THREE. HOW IS THAT NUMBER DETERMINED, I'M JUST CURIOUS? AND WHY CAN IT NOT BE FIVE OR SIX? >> NO PROBLEM. SO, FIRST IT CAME INTO THE PARKING CALCULATION WAS FIRST LOOKED AT AND THEN YOU LOOK AT THE FINDINGS FOR APPROVAL, WHICH REQUIRE THAT THE LANDSCAPING NOT BE SIGNIFICANTLY COVERED AND SO WE STARTED WITH JUST TWO AND THEN IN CONVERSATIONS WITH THE APPLICANT, THEY WOULD SEND PHOTOS . HERE'S HOW I HAVE THEM LAID OUT AND JUST REVIEWING THOSE PHOTOS , THE PHOTOS MAY HAVE MORE THAN THREE, BUT THE ONES OVER THREE WERE COVERING LANDSCAPING OR IN A SPOT THAT WOULD NOT BE CONDUCIVE FOR PEDESTRIAN TRAVEL. SO, STEPS INTERPRETATION REVIEWING THE MATERIALS WAS, THREE WAS DOABLE. >> THERE IS NO LEEWAY IN THAT? AT LEAST ACCORDING TO OUR CURRENT REQUIREMENTS? >> STAFF IS RECOMMENDING THREE. UP TO THREE, GOT IT. OKAY. A LOT OF THE COMMENTS THAT WERE HERE TONIGHT AND ALSO ONLINE WHO ARE ESSENTIALLY ALL FOCUSED ON THE NOISE CONCERNS , I WOULD LIKE TO SAY , IN THE CITY OF OAKLEY WE TRY TO BE EXTREMELY PRO-BUSINESS. YOUR LIVELIHOOD IS LIVELIHOOD OF THE WHOLE COMMUNITY. WE ARE ALL INTERCONNECTED. WE ARE CERTAINLY EXCITED TO HAVE A FACILITY LIKE YOURS HERE BECAUSE YES, WE DO NEED TO HAVE FACILITIES FOR KIDS, TEENAGERS , YOUNG ADULTS TO GO AND BE ABLE TO HAVE RECREATION. THAT'S WHAT OAKLEY NEEDS AND THAT'S GREAT. HOWEVER, WE ALSO HAVE RESPONSIBILITY TO MAINTAIN QUALITY OF LIFE FOR ALL OF THE RESIDENCE, RIGHT? WHICH, YOU HAVE SOME NEIGHBORS PRETTY CLOSE BY. I DON'T THINK ANYONE IN ALL HONESTY IS AGAINST THIS . I THINK THE COMMUNITY IS OVERWHELMINGLY IN SUPPORT OF IT AND WE ARE ALL EXCITED FOR. I THINK THE BIG CONCERN IS TO JUST NOT INTERFERE WITH PEOPLE'S QUALITY OF LIFE. I ACTUALLY WANTED TO ASK YOU ONE QUESTION. DID NOT SEE IT IN THE REPORT, WHAT ARE THE HOURS OF -- YEAH, WHAT ARE THE HOURS OF OPERATION? >> MEDICAL TO 7:00. >> THANK YOU. AND IT'S MONDAY THROUGH SUNDAY? OR MONDAY THROUGH? >> MONDAY THROUGH SATURDAY AND ON SUNDAY WE ARE OPEN 10:00 TO 4:00. THANK YOU. OKAY. SO, THE CURRENT PROPOSAL ESSENTIALLY SETS TWO CONDITIONS AMONGST OTHER CONDITIONS, BUT THE TWO WE ARE TALKING ABOUT, AND SPECIFICALLY THE ONE ABOUT NOISE ORDINANCE, TO MAKE SURE THAT THIS FACILITY IS IN CLOSED -- ENCLOSED FACILITY, RIGHT? >> THE MAJORITY OF THE FACILITY WOULD BE OPEN AND AS THE APPLICANT PROPOSED, BUT SPECIFICALLY THE DRIVING . >> I'M TALKING ABOUT THE DRIVING RANGE RIGHT NOW. IT HAS TO BE ENCLOSED, CORRECT? >> IT IS A PROPOSED CONDITION BY YOUR STAFF. >> SO, FROM MY UNDERSTANDING, STEP ALREADY DISCUSSED THIS PROPOSAL THOSE CONDITIONS WITH THE APPLICANT? AND IF YOU COULD PLEASE APPROACH THE DESK. I'M CURIOUS, IF WE TODAY APPROVED IT AS CONDITIONS, WOULD YOU BE ABLE TO CONTINUE ON WITH THE PROJECT? >> I JUST DON'T HAVE WHAT I ENVISIONED, BUT I UNDERSTAND THAT IT COULD INCONVENIENCE OTHER PEOPLE. THE BALL IS BEING HIT . IF IT HAS TO BE ENCLOSED --IT DOESN'T REALLY AFFECT MY BUSINESS . IT WILL COST ME MONEY AND IT AFFECTS MY VISION OF THE BUSINESS, BUT IT DOESN'T DESTROY IT. IT IS A WATERED-DOWN. IF ANYTHING, SOME OF IT WILL MAKE IT A LITTLE BETTER BECAUSE IT WILL BE COMPLETELY INDOORS AS FAR AS --WHEN THE WIND IS BLOWING LIKE CRAZY AND RAINING LIKE CRAZY, ALL I HAVE ESSENTIAL IS THREE WALLS, SO THE WEATHER IS STILL COMING IN THERE. SO, IT MAY NOT BE EXACTLY WHAT I WANT, BUT IT IS NOT THE END OF THE WORLD AND IT STILL WILL FIT WITH THE THEME, IT STILL MAKES IT --IN SOME WAYS IT WILL MAKE IT EASIER AND BETTER AND IN SOME WAYS I MIGHT NOT LIKE IT AESTHETICALLY AS MUCH, BUT YOU HAVE TO GIVE AND TAKE AND SO I WANT TO KEEP MY NEIGHBORS -- I DON'T WANT TO DISTURB ANYBODY. I'M HERE TO BRING EQUITY TO THE SURROUNDING AREA. IF MY OPEN THEME BOTHERED HIM , I DON'T WANT IT TO. IT'S NOT , IT'S NOT --. IT'S FINE. IT'S A CARPORT SO IT'S VERY EASY TO ADD ON TO IT. IT'S NOT LIKE IT'S A REAL STRUCTURE WE HAVE TO DO ALL OF THESE OTHER THINGS PICKETS IT'S RIGHT OUT OF THE DIRT. I WILL HAVE TO ORDER ANOTHER SIDE. I WILL JUST HAVE TO ORDER ANOTHER ONE AND THEY WILL PUT THEM TOGETHER AND I WILL HAVE TO GET SOME INSULATION AND THEN I WILL STILL DRAPE THE NET. SO, I WILL STILL DO THE SAME PROCESS THAT THERE WILL BE WHAT IS THERE NOW ON THE OTHER SIDE AND IT WILL BE FULLY ENCLOSED. >> FANTASTIC. THANK YOU, MR. JOHNSON. I JUST WANT TO COMMEND YOU ON ALSO WILLING TO WORK, NOT JUST WITH US, BECAUSE WITH ALL HONESTY, WHAT MATTERS IS YOUR NEIGHBORS, RIGHT? I HAVE BEEN A BIG BELIEVER THAT IT DOESN'T MATTER WHAT ONE PERSON OR FIVE PEOPLE WANT, IT'S WHAT EVERYBODY WANTS. >> AS YOU SEE, YOU ARE VERY FORTUNATE BECAUSE ALL OF YOUR NEIGHBORS, EVERYONE IS OVERWHELMINGLY IN SUPPORT OF THIS AND WE ARE ALSO EXCITED TO OPEN THIS BUSINESS AND TO MAKE OAKLEY A GREATER PLACE, GREATER COMMUNITY FOR ALL OF US. SO, OKAY. THANK YOU SO MUCH. OKAY. IF WE DON'T HAVE ANY MORE DELIBERATION, COMMENTS, QUESTIONS, OMISSION OR KRIEG, DO YOU HAVE ANYTHING TO POINT OUT? ARE YOU DONE? I WILL MOVE THAT WOULD ADOPT A RESOLUTION APPROVING THE PROJECT TITLED GOLFBALLIN' THIS FACILITY AND OUTDOOR DISPLAY OF GOLF CARTS, DESIGN REVIEW AND CONDITIONAL USE PERMITS AS CONDITIONED. >> SO MOVED BY COMMISSIONER KRIEG. WE HAVE A SECOND? >> SECOND PICK >> SECONDED BY COMMISSIONER PRICE. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. ALL THOSE AGAINST SAY NAYE. HEARING ON, THE MOTION PASSES UNANIMOUSLY. THANK YOU. SINCE WE DON'T HAVE ANY ITEMS ON THE REGULAR CALENDAR, WE WILL MOVE STRAIGHT TO THE REPORTS. DO WE HAVE ANY REPORTS FROM THE STAFF? DIRECTOR STRELO, MR. GORMAN? CHAIR, NO REPORTS AT THIS TIME. THANK YOU. DO HAVE ANY REPORTS FROM THE COMMISSION MEMBERS? COMMISSIONER PRICE, YOU DID NOT ATTEND -- IT WAS CANCELED? GOT IT. TRANSPLANT, THANK YOU. DO HAVE ANY FURTHER -- FUTURE REQUESTS FOR THE AGENDAS . HEARING NONE, FANTASTIC. NOTHING ON THE WORK SESSION. I WOULD LIKE TO THANK ALL OF THE MEMBERS OF THE PUBLIC WHO ARE LEAVING RIGHT NOW AND WHO ARE HERE WITH US ALL THROUGH THE EVENING. THANK YOU SO MUCH . WE WILL HAVE YOUTUBE RECORDING AVAILABLE BECAUSE MEMBERS OF THE PRESS WERE ASKING ABOUT IT. THAT'S GREAT. I WILL ALSO LIKE TO COMMEND OUR STAFF FOR DOING AN EXCELLENT JOB AND THANK YOU FOR TRYING TO FIX OUR TECHNICAL DIFFICULTIES . YOU ARE ALL AMAZING. THANK YOU AGAIN, AND THIS MEETING IS ADJOURNED AT 7:50 P.M.