Sep 3, 2024 - 06:27 PM

Minutes of the Regular Meeting of the Oakley Planning Commission held September 3, 2024 1) OPENING MATTERS 1.1 Call to Order and Roll Call of the Oakley Planning Commission Chair Oleksii Chuiko called the meeting to order at 6:30pm in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. Commissioners Leonard Price, Jeanne Krieg and Jimmy Ramirez were present. Vice Chair Diego Verduzco was absent. 1.2 Pledge of Allegiance to the Flag Commission Ramirez led the Pledge of Allegiance to the flag. 2) PUBLIC COMMENTS Chair Chuiko mentioned there was one online comment submitted and it will be entered into the record. 3) CONSENT CALENDAR 3.1 Approve Minutes from the Regular Planning Commission Meeting held July 2, 2024 (Kim Snodgrass, Deputy City Clerk) It was moved by Commissioner Krieg and Seconded by Commissioner Ramirez to approve item 3.1. Motion was unanimous and so ordered. (3-0) Ayes: Price, Krieg, Ramirez, Abstained: Chuiko. 4) PUBLIC HEARINGS 4.1 Daub 4 Kids Conditional Use Permit Amendment (CUP 06-24) (Evan Gorman, Associate Planner) Associate Planner Evan Gorman presented the staff report. Commissioner Ramirez inquired if everything is okay with fire code, exits and evacuations with the removal of the wall shown in Exhibit “A”.

Mr. Gorman responded when planning applications are reviewed, staff has to make a judgement call if they see something that would be a major hurdle and if it is worth the delay in terms of the entitlement process; here they found there are many code solutions to achieve their goal, so they went for a quicker entitlement process; if something does come up, there are code solutions within this approval. He stated this will be reviewed further to meet the Building Code should it be approved. There being no additional questions, Chair Chuiko opened the Public Hearing. The applicant commented that they are compliant with the Fire Department and the Health Department. She stated they come out once a year. There were no comments from the public, so Chair Chuiko closed the Public Hearing and called for deliberations. It was moved by Commissioner Price and seconded by Commissioner Krieg to approve item 4.1. Motion was unanimous and so ordered. (4-0) 5) REGULAR CALENDAR None 6) REPORTS 6.1 Reports from Staff Members Mr. Strelo reported the 12th annual Heart of Oakley Festival will be held on September 21st from 11-4 at Civic Center Plaza. He reported that Jose Cortez was hired as the new Senior Planner and started on August 12th, he was formerly employed with the cities of Benicia, Napa, and Antioch. He also reported that two new Building Inspectors were hired, Angel Garcia Martinez started on August 19th and Francisco Martinez started on August 26th. He stated he is happy to report the Community Development Department is currently a full family. 6.2 OAKLEY PLANNING COMMISSION (a) Reports from Commission Members (b) Requests for Future Agendas Commissioner Price reported that the August TRANSPLAN meeting was cancelled, the next meeting will be September 12th. Commissioner Ramirez reported he will not be in town November 5th. He also reported he attended the Friends of the Marsh Creek Watershed event on August 3rd where they talked about restoration and what healthy stewardship looks like in Oakley. He mentioned it was awesome to meet people from the City of Brentwood who really put a concerted effort towards their environmental planning, their creeks and what they would

do with their rivers. He mentioned there is an opportunity for Oakley to think about how it can protect and beautify its natural resources. He stated he doesn’t know if this could be a work session or there’s something already on the books but suggested exploring how to plan around the salmon and Delta. Mr. Strelo mentioned the November meeting will be held on November 19th rather than the first Tuesday of the month due to that being Election Day. 7) WORK SESSIONS None 8) ADJOURN There being no further business, the meeting was adjourned at 6:47 p.m. Respectfully Submitted, Kim Snodgrass Deputy City Clerk

AGENDA REGULAR MEETING OF THE OAKLEY PLANNING COMMISSION Tuesday, September 3, 2024 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-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 Planning Commission meeting at Oakley City Hall, 3231 Main Street, Oakley, CA 94561. Any writings or documents provided to a majority of the Oakley Planning Commission 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 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. Please contact us at (925) 625-7000 for additional information or visit 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 Oakley Planning Commission meetings are video recorded and attendees may appear on video. 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 3.1 Approve Minutes from the Regular Planning Commission Meeting held July 2, 2024 (Kim Snodgrass, Deputy City Clerk) 4. PUBLIC HEARINGS 4.1 Daub 4 Kids Conditional Use Permit Amendment (CUP 06-24) (Evan Gorman, Associate Planner) California Environmental Quality Act (“CEQA”) Determination : Find that the proposed project is exempt under the “Existing Facilities” Categorical Exemption (14 Cal. Code Regs./CEQA Guideline § 15301). Members of the public may address the Oakley Planning Commission 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 Oakley Planning Commission 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 public speaker card available in the lobby and submit it to the City Clerk prior to the agenda item being called. The Oakley Planning Commission Chair will call you by name to the podium to hear your comments and you have up to 3 minutes to speak. At this time, the public is permitted to address the Planning Commission on non- agendized items. 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 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. Public Hearing Notice 3. Applicant's Proposed Floorplan 2

5. REGULAR CALENDAR 6. REPORTS 6.1 Reports from Staff Members 6.2 OAKLEY PLANNING COMMISSION (a) Reports from Commission Members (b) Requests for Future Agendas 7. WORK SESSIONS 8. ADJOURN 4. Original Approval Resolution and Associated Staff Report, July 12, 2016 5. Amendment Approval and Associated Staff Report, May 12, 2020 6. Draft Resolution 3

Minutes of Regular Meeting of the Oakley Planning Commission held July 2, 2024 1) OPENING MATTERS 1.1 Call to Order and Roll Call of the Oakley Planning Commission Vice Chair Diego Verduzco called the meeting to order at 6:30pm in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. Commissioners Leonard Price and Jeanne Krieg were also present. Chair Oleksii Chuiko and Commissioner Jimmy Ramirez were absent. 1.2 Pledge of Allegiance to the Flag Vice Chair Verduzco led the Pledge of Allegiance. 2) PUBLIC COMMENTS None 3) CONSENT CALENDAR 3.1 Approve Minutes from the Regular Planning Commission Meeting held June 4, 2024 (Kim Snodgrass, Deputy City Clerk) It was moved by Commissioner Krieg and Seconded by Commissioner Price to approve item 3.1. Motion was unanimous and so ordered. (3-0) 4) PUBLIC HEARINGS 4.1 Oakley Shops at Laurel Fields Tentative Parcel Map, Conditional Use Permit, Variance, and Design Review (TPM 01-24, CUP 01-24, VA 01-24, DR 02-24)- Request for approval of Tentative Parcel Map to create two parcels; a Conditional Use Permit for three Drive-Through Services and one Gasoline Service Station; a Variance for an additional 5-feet of height on the grocery store entry tower; and Design Review for development of the 81,728 sf. Shopping center: APN 035-220- 028. (Ken Strelo, Community Development Director) 4

Community Development Director, Ken Strelo, presented the report and mentioned public comments were received from Contra Costa Environment Health and Mr. Joe Sbranti and Mr. Paul Seger on behalf of Sierra Club regarding CEQA. He also mentioned that Raney Planning & Management, Inc. prepared a memo in response to the Sierra Club comment. He stated that copies of the comments and memo have been placed in the public binder and provided to the Planning Commission. Commissioner Krieg inquired if it’s known who would occupy the drive through restaurant. Mr. Strelo responded that at this time the only known user they are aware of is Safeway. Commissioner Krieg inquired if Safeway would own and operate the gas station. Mr. Strelo responded that is his understanding and would request the applicant to confirm. Commissioner Krieg thanked staff for incorporating the cheese rock. She mentioned it is public art and she is happy to see that incorporated into the landscaping. With no further questions from the Commissioners, Vice Chair Verduzco opened the Public Hearing and asked for comments from the applicant. Mr. Strelo mentioned the applicant does not have a presentation, but they are available for questions or to provide any additional information requested by the Commissioners. There were no questions or comments for the applicant. Vice Chair Verduzco mentioned the only comments received were the ones mentioned by Mr. Strelo in his presentation and those will be made part of the public record. He closed the Public Hearing and called for deliberation. It was moved by Commissioner Price and Seconded by Commissioner Krieg to approve Item 4.1. Motion was unanimous and so ordered. (3-0) 5) REGULAR CALENDAR None 6) REPORTS 6.1 Reports from Staff Members Mr. Strelo reported that the new Chief Building Official, Conrad Fromme, started on Friday June 28 th . He also mentioned the Planning Division is currently seeking out a Senior Planner and a Building Inspector I. He mentioned that the Council Chambers will be functioning as a cooling center July 2nd and 3 rd from 9-5 and while not an official 5

cooling center, the public is welcome to use the Oakley Library to get relief from the heat July 5th and 6th . 6.2 OAKLEY PLANNING COMMISSION (a) Reports from Commission Members Commissioner Krieg reported she attended Summerfest; it was well attended, and staff did a great job. She also reported that she will not be attending the August Meeting. Vice Chair Verduzco thanked staff and mentioned he's excited to finally see Safeway coming to Oakley. (b) Requests for Future Agendas None 7) WORK SESSIONS None 8) ADJOURN There being no further business, the meeting was adjourned at 6:58 p.m. Respectfully Submitted, Kim Snodgrass Deputy City Clerk 6

STAFF REPORT City of Oakley | 3231 Main Street, Oakley, CA 94561 O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: September 3, 2024 TO: Joshua McMurray, City Manager FROM: Evan Gorman, Associate Planner SUBJECT: Daub 4 Kids Conditional Use Permit Amendment (CUP 06-24) Summary This is an application by Francine McMahon (“Applicant”) representing Daub 4 Kids, Inc., requesting an amendment to their existing Conditional Use Permit for a non-profit bingo hall operating since 2016. This amendment request seeks to update the conditional use permit to reflect a new floorplan that adds approximately 1500 square feet to the land use by utilizing a vacant, adjacent commercial space. The additional space would initially be used for storage, with the option to expand operations into this area in the future if the amendment is approved (“Project”). The bingo hall operates out of 2107 Main Street, a commercial space within the Cypress Square Shopping Center, and this application seeks to expand it into 2105 Main Street. The shopping center is zoned C (General Commercial) District. (APN 037-110-026). Background GENERAL PLAN AND ZONING • The General Plan Land Use Designation for the project site is Commercial (“CO”) as depicted in the Oakley General Plan (Figure 2-2 Land Use Diagram). • The site is zoned C (General Commercial) District as depicted on the City of Oakley Zoning Map. PROJECT SITE The project site consists of two commercial tenant spaces within an approximately 11.46-acre shopping center situated along Main Street. The shopping center has a variety of businesses within it including a Raley’s grocery store as its major tenant. The non-profit bingo hall has occupied an approximately 4,500 square foot tenant space on the southern side of the shopping center since 2016. Carol Lane runs along the south side of the commercial center. Approved and Forwarded to the Planning Commission 7

STAFF REPORT 2CITY HALL | 3231 Main Street, Oakley, CA 94561 O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us Figure 1 – Existing Bingo Hall (Orange), Proposed Expansion (Yellow) Project Description The applicant is seeking approval of an amendment to their existing Conditional Use Permit and approved floorplan, which would permit an expansion into an approximately 1,500 square foot commercial space at 2105 Main Street through the removal of an interior wall separating the two spaces. The operator plans to immediately use this space for storage, but the draft approval would allow the operator the flexibility to expand the bingo hall operations into the space in the future. The original 2016 application for the bingo hall proposed this expanded footprint, but this was revised by the applicant and property owner prior to the final public hearing to allow another tenant to use 2105 Main Street. Should the project be approved by the Planning Commission, the applicant will need to obtain a building permit to remove the wall separating the spaces. Previous Entitlements On July 12, 2016, the City Council adopted Resolution No. 112-16 approving a Conditional Use Permit (CUP 01-16) allowing operation of a non-profit bingo hall at the project location four times a week and requiring the operator to seek an extension of the conditional use permit every two years. On May 12, 2020, after the bingo hall demonstrated a history of operating without issue, the City Council adopted Resolution 58-20 which permitted the bingo hall to operate five times a week and removed the requirement to renew the permit every two years. 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 primary land use. 8

STAFF REPORT 3CITY HALL | 3231 Main Street, Oakley, CA 94561 O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us Analysis To grant the original Conditional Use Permit, the City Council had to make a series of findings for approval which were included in the resolutions associated with this bingo hall. The Council found that the site is adequate in size and shape to accommodate the use and that the site for the proposed use is connected to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use. They also found that the proposed use will be operated and maintained to ensure compatibility with the intended character of the area and that the proposed use does not hamper the continued growth and orderly development of the community. The new floorplan, which if approved would permit an expansion of the use into 2105 Main Street, would not disrupt the bingo hall’s consistency with the original findings for approval. The land use would still be operated in a way that is consistent with the purposes of the Commercial zoning district, there is adequate infrastructure for the expanded use, and the use of additional floor area will ensure adequate space for the bingo hall’s operations. Findings Draft findings for the Conditional Use Permit amendment 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 developer funded account. All Staff time and City of Oakley generated materials are charged to the developer account funded by the developer. 9

STAFF REPORT 4CITY HALL | 3231 Main Street, Oakley, CA 94561 O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us Staff Recommendation Staff recommends that the Planning Commission adopt the resolution, approving the project titled “Daub 4 Kids Conditional Use Permit Amendment (CUP 06-24)”, as conditioned. Attachments 1. Vicinity Map 2. Public Hearing Notice 3. Applicant’s Proposed Floorplan 4. Original Approval Resolution and Associated Staff Report, July 12, 2016 5. Amendment Approval and Associated Staff Report, May 12, 2020 6. Draft Resolution 10

Vicinity Map Daub 4 Kids Conditional Use Permit Amendment (CUP 06-24) 2105-2107 Main Street, Oakley, CA 94561 APN: 037-110-026 11

NOTICE OF PUBLIC HEARING Notice is hereby given that on September 3, 2024 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 application as described below: Project Name: Daub 4 Kids Conditional Use Permit Amendment (CUP 06-24) Project Location: 2105-2107 Main Street, Oakley, CA 94561 APN: 037-110-026 Applicant: Francine McMahon, 2107 Main Street, Oakley, CA 94561, 925-726-6211 Request: Application by Francine McMahon (“Applicant”) representing Daub 4 Kids, Inc., requesting an amendment to their existing Conditional Use Permit for a non-profit bingo hall operating since 2016. This amendment request seeks to update the conditional use permit to reflect a new floorplan that adds approximately 1500 square feet to the land use by utilizing a vacant, adjacent commercial space. The additional space would initially be used for storage, with the option to expand operations into this area in the future if the amendment is approved. The bingo hall operates out of a commercial space, 2107 Main Street, within the Cypress Square Shopping Center, and this application seeks to expand into 2105 Main Street. The shopping center is zoned C (General Commercial) District. (APN 037-110-026). How to Review: The Staff Report and its attachments will be available for public review, on or before August 29, 2024 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 September 3, 2024 Planning Commission agenda and clicking the project title link. (Note: City Hall is closed on the 1st and 3rd Fridays of each month). 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. 12

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STAFF REPORT Approved and Forwarded to the City Council DATE: May 12, 2020 TO: Bryan Montgomery, City Manager FROM: Kenneth Strelo, Principal Planner SUBJECT: Daub 4 Kids Bingo Conditional Use Permit Condition of Approval Modification (CUP 04-19) - Request to Modify Condition of Approval No. 7 of City Council Resolution No. 112- 16, which establishes and limits the use's days and hours of operations Summary This is a public hearing on a request by Francine McMahon of Daub 4 Kids, Bingo, Inc. (“Applicant”) for approval of a Conditional Use Permit to modify Condition of Approval No. 7 of City Council Resolution No. 112-16, which establishes and limits the use’s days and hours of operation. The modification would allow flexibility to operate up to five days a calendar week without locking in the same days each week. Currently, the use may operate up to four sessions a week on Sunday, Tuesday, Friday, and Saturday only (“Project”). The project site is zoned C (General Commercial) District, and is located at 2107 Main Street, along the south facing portion of the Cypress Square Shopping Center. APN 037-110-026. Staff Recommendation Staff recommends the City Council adopt the resolution approving Daub 4 Kids Bingo Conditional Use Permit Condition of Approval Modification (CUP 04-19), as conditioned. Background and Project Description General Plan and Zoning  The General Plan Land Use Designation for the project site is Commercial (“CO”) as depicted in the Oakley 2020 General Plan Figure 2-2 (Land Use Diagram). 124

Subject: Daub 4 Kids Bingo Conditional Use Permit Condition of Approval Modification (CUP 04-19) Date: May 12, 2020 Page 2 of 4  The site is zoned C (General Commercial) District as depicted on the City of Oakley Zoning Map. C (General Commercial) District is found to be compatible with the CO Land Use Designation per Table 2-6 (General Plan/Zoning Compatibility Matrix) of the Oakley 2020 General Plan. Previous Entitlements On July 12, 2016, the City Council adopted Resolution No. 112-16 approving a Conditional Use Permit (CUP 01-16) allowing operation of a bingo hall at the project location. That permit was valid for a period of two years unless extended by request either by the Planning Manager if the operation had a record of compliance with conditions of approval, or referred to the City Council for a public hearing. On July 9, 2018, the Planning Manager approved a request to extend the CUP for an additional two years (to July 12, 2020). Project Description The applicant is requesting to modify Condition of Approval No. 7 from City Council Resolution No. 112-16 to allow flexibility to operate up to five times per week. Currently, the use may operate up to four sessions a week on Sunday, Tuesday, Friday, and Saturday only. Specific language for COA# 7 is as follows: 7. Hours of operation for the use shall be limited to four (4) sessions a week as follows: A. Tuesdays and Fridays: 4:00 P.M. to 11:30 P.M. B. Saturdays and Sundays: 11:00 A.M. to 6:30 P.M. C. Alternatively, but not in addition to, Saturdays and Sundays may be operated under the Tuesday and Friday hours of operation. D. A maximum of four (4) additional special events per calendar year. Any change to the routine hours of operation shall be made valid through modification of this conditional use permit, subject to City Council approval. Any additional special events proposed outside of the allowable four (4) per calendar year are subject to a temporary use permit, pursuant to Oakley Municipal Code section 9.1.1606, for each event. 225

Subject: Daub 4 Kids Bingo Conditional Use Permit Condition of Approval Modification (CUP 04-19) Date: May 12, 2020 Page 3 of 4 Environmental Review This project is exempt from requiring an Initial Study analysis under the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301 (Class 1 - Existing Facilities). Analysis The request to operate up to five days a week is different than the current allowance of up to four session per week within a specific set range of hours. For one, the use can currently only operate Sunday, Tuesday, Friday or Saturday. In addition to only operating on those days, it may only operate during certain hour ranges specific to each day. There have not been any issues with the operation and in no circumstance has Staff had reason to bring the item back to the City Council for re-evaluation. Due to the good standing of the operation, Staff is recommending the following modification to COA#7 of City Council Resolution No. 112-16:  Allow the use to operate up to five “days” a week, rather than “sessions” a week.  Keep the hour of operation ranges as is for Saturdays and Sundays (11:00 A.M. to 6:30 P.M.).  Keep the hour of operation ranges as is for Tuesdays and Fridays (4:00 P.M. to 11:30 P.M.) except include Monday, Wednesday, and Thursday as potential days to operate. The above modifications would allow the use to have more flexibility in its operations by opening potential days up to all days of the week, but maintaining the established hours of operation ranges. The condition is drafted to reset the days of operation to start on Sunday of each week. Conditional Use Permit Extension Since the CUP extension expires on July 12, 2020, the City Council may also consider either an extension for the operation at this time, or possibly extend the CUP indefinitely. In the latter case, the u