City Info


Please note that City Hall will be closed in observance Veterans’ Day, Furlough Friday, and Thanksgiving, and the day after Thanksgiving.

  • November 11th, Veteran’s Day Holiday, City Hall Closed
  • November 20th, Furlough Friday, City Hall Closed, Limited City Services
  • November 26th – 27th, Thanksgiving & Day After, City Hall Closed

“Something there is that doesn’t love a wall.” The first line from Robert Frost’s poem “Mending Wall” states what a lot of us feel. We don’t like walls or fences. Another line further along in the poem challenges us to ask, “Before I built a wall I’d ask to know, What I was walling in or walling out”

True! There is something unlikable about walls and fences. They shut out, lock out, or lock in, obscure and cut off. More often than not, though, fences and walls are a must for many reasons including security, safety and privacy, but none the less a distraction on the countryside. That’s why Open Space is a good idea and not all new.

Open space reserves began in Europe, during the late Middle Ages and Renaissance periods, when monarchs allowed royalty to create large hunting preserves. These were called “parcs” in Old French. The term was later applied to common grounds in the center of villages. Centuries later, Yosemite Valley was set aside for recreation to the State of California, thus creating the nation’s first state park in 1864. Control of the park was turned over to the federal government in 1890. Over the years, federal and state lands continued to be set aside for national and state parks, and in 1970, California added the Open Space Element to the list of required elements in the General Plan.

The term can mean many things to many people. It may be public or privately owned land, a golf course, a school, a farm, a park, a cemetery, a trail along side a creek. It can include marshes, wetlands, lakes, rivers and streams. It can even be vacant lots, public plazas and public seating areas.

The end of the 19th century marked the beginning of a conservation movement in America. Naturalists and environmentalists lobbied the United States government to set aside vast areas of wilderness in the American West as national parks. Early advocates included John Muir and Theodore Roosevelt who said, “. . .The conservation of our natural resources and their proper use constitute the fundamental problem which underlies almost every other problem of our national life. ”.

Until recently there seemed no end to the wealth of natural resources available to us all. However, faced with the seemingly endless barrage of reporting on shortages of natural resources since the 1970’s the term “conservation” has become embedded in our culture. The term conservation came into use in the late 19th century and referred to the management, mainly for economic reasons, of such valuable natural resources as timber, fish, game, topsoil, pastureland, minerals, and wildlife

The urbanization of California has increased the pressures on farmland, water resources, wildlife, air quality, open space and many other resources. The U.S. Census Bureau says the state will have nearly 54 million people by 2025. Confronted with the demands of an increasing population, how can we provide the greatest benefit to the present generation while maintaining the potential to meet the needs and aspirations of future generations? To help answer this question a Conservation Element was added to the General Plan.

The purpose of the Conservation Element is to identify Oakley’s natural resources, particularly those that are finite and nonrenewable, and develop programs for their preservation.

California Government Code, Section 65302(d) requires that a Conservation element provide for the conservation of natural resources including, “…water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources.”. It may also cover reclamation of land and waters, flood control and prevention and control the pollution of streams and air.

There are no towering stands of forests, nor large fishing fleets queued up in nearby harbors. No oil wells pumping “black gold, Texas Tea” day and night. Our shorelines are not cluttered with industries spewing pollutants into the river. Obviously all the resources listed in the state statue do not pertain to Oakley. Many of them will require a regional approach. However, Oakley does have its share of natural resources that can be conserved locally.

In Oakley’s General Plan these two elements have been combined. The Open Space and Conservation Element will primarily serve as an information document. It will consist of maps and tables containing information related to the natural resources and open spaces found in Oakley and policies and programs which will conserve them. The maps may show details of significant ecological areas, important agriculture lands and soil resource areas. They may also include information regarding the known and inferred habitats of some rare, threatened and endangered species. The tables may include lists of protected and uncommon plant and wildlife species in the area. Information detailing the changes in agriculture may also be found. An inventory of air pollutant emissions may also be available.

Open space can help preserve the quality of life and community character, reduce flooding, enhance property values, provide more opportunity for outdoor recreation, provide wildlife corridors and add a sense of community. By and large, open space can benefit cities both environmentally and economically.

Oakley’s General Plan is not happenstance. Nor is it something that takes place overnight. Projected to the year 2020 the Plan has many requirements, one of which is the Land Use Element covering many issues. This element’s basic function is to lay out the general pattern of development within the City. It is the foundation for the remaining elements. It details a vision for all buildings (residential, commercial and industrial), roads and public facilities that are currently in place and those to be built in the future. Although all general plan elements are considered equal the land use element is the most visible and most often used. The Circulation and Housing Elements are especially dependent on the Land Use Element.

The Land Use Element is required by California state law, citing California Government Code Section 65302(a): “… a land use element which designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, and other categories of public and private uses of land”.

Further, the State Code stipulates that Land Use Element shall include: “A statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the Plan. The Land Use Element shall also identify areas covered by the Plan, which are subject to flooding and shall be reviewed annually with respect to such areas.

Using text and maps the City is divided into many areas. Each area is assigned a land use designation which includes a use such as:

  • SINGLE FAMILY RESIDENTIAL LOW (SL) – This designation allows for a minimum of 0.8 dwelling units and a maximum of 2.3 dwelling units per gross acre (a net acre includes all land area used exclusively for residential purposes, and excludes streets, highways and all public right-of-way). Sites generally range from approximately 14,000 square feet to 1 acre in size. Population density in this land use designation generally ranges from 3 to 8 persons per acre.
  • COMMERCIAL (CO) and a building intensity range. For example: .1.0 floor area ratio (floor area ratio is calculated by dividing building square footage by the lot size. If you have a 500 square foot building on a 1000 square foot lot you have a floor area ratio of .5. If you add a second story the building square footage is increased to a 1000 and the floor area ration is now 1.) .
  • SINGLE FAMILY RESIDENTIAL HIGH (SH) – This designation allows a minimum of 3.8 and a maximum of 5.5 units per gross acre. Parcel sizes range from approximately 6,000 to 8,600 square feet. Population density would normally range between 12 to 18 persons per acre.
  • MULTI-FAMILY RESIDENTIAL HIGH (MH) – This designation allows a minimum of 9.6 dwelling units and a maximum of 16.7 dwelling units per gross acre. Expected population density would normally range between 20 to 36 persons per acre.
  • BUSINESS PARK (BP) – Maximum Site Coverage: 50 percent , Maximum Building Height: 50 feet , Maximum Floor Area Ratio (FAR): 2.0, Average Employees per Gross Acre: 87

The major intent of the Land Use Element is to take these disparate designations and create an appropriate mix of uses. Local commercial or shopping centers may be compatible with residential uses. Light industrial areas may act as a buffer to heavy industrial areas. Transitioning from one land use to another, i.e. Single Family High to Single Family Low, is a critical function of the element.

Perhaps the most used part of the Land Use Element is the map. The map is a pictorial representation of the land use designations described in the Land Use Element. It provides a general view of the types of development that will be permitted or encouraged in a particular area. City residents can easily identify places of interest on the map and can determine which types of land uses apply to surrounding areas. It will not show what will be built on a specific parcel.

The land use map will identify general areas where future development may occur and should not be confused with a zoning map. Zoning maps apply precise boundaries, detailed regulations, legal effects and must comply with the land use designation.

Land Use Map

Oakley’s original General Plan was adopted by the Contra Costa County Board of Supervisors in 1973. Land use designations were determined by the existing property owners and the county at this time. Although the General Plan can be amended, changing the land use designation against the will of the property owner will generally initiate litigation.

Any changes to the General Plan must be carefully considered. If the City were to initiate a change that would affect the value of the property, such as “down zoning” a piece of property by amending the General Plan designation to provide a lower density of development or reverting to lower-intensity uses, it would more than likely result in a “taking”.

A “taking” can occur as a physical taking, such as the use of eminent domain to build roads, or as a “regulatory taking” which is considered to be an uncompensated taking of private property occurring through government regulation.

Everyone who buys property, whether it’s our primary home or for future development, has an expectation of a return on our investment. If we, as a City, were to pass a regulation or ordinance that would substantially reduce the value of that investment the City could be required to pay damages, which could include the value of the property and the lost profit when the developer did not meet his investment expectations.

California law requires that each county and city in the state develop and adopt a general plan. The general plan is a “blueprint” for development. It is a document that is required to address land use, circulation (traffic), housing, conservation, open space, safety, noise and the general needs of the city. General Plans may have a 20 to 30 year planning horizon. Why such a long timeline? Because, that is how long it can take to accomplish the vision set forth in the General Plan.

At the time of incorporation, July 1, 1999, the City of Oakley automatically adopted the Contra Costa County General Plan, as well as the County Zoning Code and other County regulations. These County regulations allowed the City to operate as new documents were prepared for the new City.

We don’t live in a static environment, so the planning process evolves. The General Plan can be revised and amended. By law, the City Council can amend the General Plan only four (4) times a year. Multiple amendments approved concurrently only count as a single amendment.

The portion of the General Plan that is amended more often than others is the Land Use Element. The Land Use Element is the fundamental component of a General Plan, and the one upon which all other sections are built, because it addresses the physical development of the Oakley. It establishes the general polices for the types and location of land uses throughout the city, such as residential, commercial, industrial, agricultural, open space, recreation and public uses. It also addresses the permitted density and intensity of the various land use designations.

General Plan Amendments may be initiated by the City or private property owners. An application for a change is submitted to the City. After the general plan amendment application is accepted as complete, work begins on determining the appropriate type of environmental document for the project. Information is sent to various local, state, federal, and private agencies asking for their comments. Upon receipt of those comments, an Initial Study is performed and the environmental document is prepared. The California Environmental Quality Act (CEQA) requires that an environmental study be prepared for some types of projects. The environmental study can take the form of a Negative Declaration, a Mitigated Negative Declaration, or an Environmental Impact Report.

The City’s Zoning Ordinance is the primary tool to implement the General Plan. The Zoning Ordinance provides detailed standards for development or the use of land. These standards include what types of uses are permitted in particular zone, minimum lot size, height restrictions, building setbacks, parking requirements, wall heights, sign criteria and other standards.

In accordance with State law, a request for a zone change can only occur when the requested change conforms to the City General Plan land use map designation for the property and applicable General Plan policies. If they are not, a request for a General Plan amendment must accompany the zone change request.

Any changes to the General Plan and Zoning Ordinance must be carefully considered. If the City were to initiate a change that would affect the value of the property, such as “down zoning” a piece of property by amending the General Plan designation to provide a lower density of development or reverting to lower-intensity uses, it would more than likely result in a “taking”.

A “taking” can occur as a physical taking, such as the use of eminent domain to build roads, or as a “regulatory taking” which is considered to be an uncompensated taking of private property occurring through government regulation.
Everyone who buys property, whether its our primary home or for future development, has an expectation of a return on our investment. If we, as a City, were to pass a regulation or ordinance that would substantially reduce the value of that investment the City could be required to pay damages, which could include the value of the property and the lost profit when the developer did not meet his investment expectations.

The takings law, as stated by U.S. Supreme Court in Eastern Enters. V. Apfel (1998) 524 U.S. 498, is “among the most litigated and perplexing in current law”. As each case is evaluated it is important to remember a guiding principal set forth in the first takings case, Pennsylvania Coal Co. v. Mahon (1922) 260 U.S. 393; “While property may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking”

As a long-term policy document with a 20-year planning horizon, the General Plan will likely undergo course corrections and refinements. While planning is a continuous process and periodic review to consider changes in circumstances is necessary, the Plan must also represent a sufficiently solid vision for long-term implementation such as infrastructure investments. The Plan should strike a balance between the flexibility needed to respond to unique situations and the rigidity necessary to guide development decisions in a predictable and consistent manner. As a “constitution” for future development, some aspects should be considered foundational and not subject to interim change.

Concerned over the growing debris in an irrigation ditch located near the Contra Costa Canal led BROAKLEY, a local blogger, to ask for a cleanup in a post on his blog in April. It took longer than expected to find the appropriate parties to get the clean up performed. In the meantime CBS-5 reported from the location. If you missed the report follow this link to watch - http://cbs5.com/video/?id=54228@kpix.dayport.com

On Saturday Sept 5, the irrigation ditch was drained and cleaned by TerraDan Construction, Inc. Oakley Disposal provided a dumpster. About 25 yards of debris was removed from the ditch.
 
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The California sales and use tax is one of the primary sources for financing local governments. When taxable purchases are made locally, Oakley receives 1% of the sale. Purchases made outside of Oakley generate no revenue for the City. So, if you purchase an item in Brentwood or Antioch, the 1 percent that is returned to the city goes to Brentwood or Antioch. It doesn’t matter where the purchaser is from, only the location where the purchase takes place.

Sales tax revenue pays for those things that make our community a great place to live: police, street and landscaping maintenance, senior services, youth activities, parks, arts and community events and much more.

As Proposition 13 and subsequent state laws made property taxes a smaller share of local treasuries, local emphasis had to shift to generating local money from sales taxes. For that reason, even though sales taxes can account for only a modest portion of total city revenues, cities regard them highly because they can represent a major share of their discretionary income. This gives cities an incentive to promote the retention and location of retail businesses within their boundaries.

Where does Oakley stand in sales tax collection? Sales taxes account for about 6 percent of the revenues that make up Oakley’s General Fund. When the economy was more robust than today more than $185 million dollars in taxable sales were leaking out of Oakley and supporting other communities. A 2006 study of sales tax per capita in East County shows Pittsburg receives $120.71, Antioch at $96.13, Brentwood at $95.76 and Oakley at $37.07. Another study done in 2007 by the HdL Companies, who ranks all the agencies (cities and unincorporated county areas) in the state for sales tax collection, has Oakley ranked 459 out of 518. In Contra Costa County the only city collecting less sales tax than Oakley is Clayton.

The sales tax rate in a given California location has three parts: the state tax rate, the local tax rate, and any optional tax rate that may be in effect. In addition to a statewide mandatory 8.25 percent rate, California counties are authorized to levy up to 1.5 percent in local optional sales taxes.In Contra Costa the State Board of Equalization collects and allocates the 9.25 percent that we currently pay. The breakdown is as follows:

  • State – 7 percent;
  • County – .25 percent;
  • City – 1 percent;
  • Measure J, (the county’s half-cent transportation sales tax which funds various transportation improvements throughout the county) is .5 percent;
  • the last .5 percent goes to BART.

Sales tax is a dynamic revenue source that responds quickly to changing economic conditions. Sales tax revenue grows with inflation and generally expands through business retention and development. However, the current economic condition, with sales tax revenue crashing, showcases what can happen if a community is too dependent on sales tax.

So, the next time you leave the house looking for a shopping or eating experience stay in Oakley and ask the questions; Do you want a more larger police force? Buy Local. Do you want extended library hours? Buy Local. Do you enjoy our parks and recreation options (or, you want more/better parks and recreation options)? Buy Local. Do you want a community center? Yup! Buy Local.

One of the many changes to local planning ushered in during social upheaval of the 60’s and 70’s was the California Environmental Quality Act or CEQA. Enacted in 1970, CEQA was patterned after a federal law, the National Environmental Policy Act or NEPA. When CEQA was first adopted, it appeared to be written to apply only to public initiated projects. However, in the 1972 Friends of Mammoth case, the California Supreme Court ruled that approval of discretionary, privately initiated projects was as much a governmental action as extending public services into agricultural areas or constructing a water line.

CEQA, although not a planning law, affects land using planning at nearly the same level as the general plan and zoning ordinances. However, unlike the multi-dimensional aspects of the general plan and zoning ordinances, CEQA has only one goal – protecting the environment.

CEQA contains several broad objectives:

  • To disclose to the public and decision makers the potential environmental effects of proposed actions;
  • To identify ways to avoid or reduce environmental damages;
  • To foster interagency coordination in the review of projects;
  • To enhance public knowledge and participation in planning and decision making;
  • To prevent environmental damages, to the extent feasible, by exploring less damaging project alternatives or strategies to reduce or eliminate adverse project related impacts.
  • To explain publicly why an agency needs to approve a project that significantly and negatively impacts the environment.

One of the basic steps the city must perform to comply with CEQA is an Initial Study to identify the environmental impacts of the project and determine whether the identified impacts are “significant”. Based on its findings of “significance”, the city prepares one of the following environmental review documents.

A Negative Declaration briefly describes the reasons that a proposed project would not have a significant effect on the environment and therefore does not require the preparation of an Environmental Impact Report or EIR.

A Mitigated Negative Declaration is a type of negative declaration prepared when a project’s Initial Study identifies potentially significant environmental impacts but also identifies mitigation measures that would reduce the impacts to a less-than-significant level. These mitigating measures can be anything from replacing destroyed trees to providing a car pool lane. These mitigation measures generally form the basis for the conditions of approval that city staff and the Planning Commission may require for a particular project.

If the development of a project is believed to result in potentially significant environmental impacts, CEQA requires the preparation of an EIR. The EIR addresses impacts to: aesthetics, agriculture resources, air quality, biological resources, cultural resources, geology/soils, hazards & hazardous materials, hydrology/water quality, land use/planning, mineral resources, noise, population/housing, public services, recreation, transportation/traffic, utilities/service systems, and addresses mandatory findings of significance. Each of these areas is analyzed and mitigation measures are incorporated where necessary to mitigate environmental impacts. The developer of the project pays for the EIR. This could be either the applicant or City depending on who is proposing the project. A third party consultant typically does the preparation of the EIR. A full-blown EIR can take years and cost hundreds of thousands of dollars to address.

There are many who feel that since its enactment in 1970 and application to the private sector in 1972, the environmental review process has become progressively more complicated and costly, primarily through expansive court decisions. They have a number of common complaints including; the process is cumbersome and unpredictable, mainly for larger projects that require an EIR; mitigation measures required as a condition of project approval are not always effective or reasonable in light of a project’s environmental impacts; processes to challenge decisions made under CEQA and to resolve disputes are costly and time-consuming and are sometimes used to create unnecessary project delays.

Some reforms of CEQA have been suggested. These changes, which seek to reduce the twin curses of uncertainty (and doubt) of outcome and interminable delay, include: Certify an EIR within a specified amount of time; if local government does not reach a determination by that time, the EIR should be deemed certified. Urban infill should be exempt from CEQA requirements. Legislation is needed to limit mitigation requirements to those measures that are proportional to the project’s actual environmental impacts. Add to CEQA a provision that would require a public agency, in deciding whether or not to prepare an EIR or negative declaration, to briefly evaluate the impact of that decision on jobs and competitiveness, and to balance environmental issues and processing decisions with job concerns.

The purpose of an EIR is to clearly identify the environmental impacts of a proposed development, the actions that could be taken to lessen those impacts and the impacts that will remain significant even after possible mitigation. The process should not be used to stop growth but to ensure that environmental impacts are understood by all and if necessary they are mitigated.

In the ongoing effort to make sure that East County continues to improve its transportation options four committees have been created. Oakley representatives serve on all four. These committees meet the second Thursday evening of each month at 801 Wilbur Avenue in Antioch (the headquarters building of Tri Delta Transit) at 6:30pm.

The TRANSPLAN Committee was created in 1991 to serve as a multi-jurisdictional transportation planning and coordinating group for the eastern portion of Contra Costa County. TRANSPLAN coordinates and represents East County’s interests in the Measure J, (originally Measure C) transportation planning and growth management process enacted by voters in 1988. The TRANSPLAN committee is made up of elected officials and planning commissioners from Oakley, Antioch, Brentwood, Pittsburg and the County.

East Contra Costa Regional Fee & Financing Authority – Transportation impact fees are collected from new development to help fund projects that mitigate the impact of that development on the regional transportation system. A regional fee was first implemented in East County in 1994, when the East Contra Costa Regional Fee & Financing Authority (ECCRFFA) was formed by the Cities of Antioch, Brentwood, and Pittsburg, and Contra Costa County. When Oakley incorporated in 1999 we became a member. The ECCRFFA Board of Directors now has 5 members consisting of one representative each from the City Councils of Antioch, Brentwood, Pittsburg and Oakley and the County Board of Supervisors.

The fee was designed so that new development would contribute toward a series of regional transportation improvements, primarily the State Route (SR) 4 Bypass and the widening of SR 4 through Pittsburg and Antioch. Working with the member agencies and the Contra Costa Transportation Authority (CCTA), ECCRFFA has successfully used fee revenue to construct the SR 4 Bypass, as well as provide partial funding for the ongoing widening of SR 4.

State Route 4 Bypass Authority – In 1989 Contra Costa County and the Cities of Antioch and Brentwood created the State Route 4 Bypass Authority (Authority) through a Joint Powers Agency Agreement. This agency was established to administer and set policy for the State Route 4 Bypass project, one of three projects funded by the East County Regional Transportation Fee program. The SR4BPA Board of Directors now has 4 members consisting of one representative each from the City Councils of Antioch, Brentwood and Oakley and the County Board of Supervisors. The County Public Work Department provides the lead technical support with input and assistance from the City Public Works Departments.

eBART Partnership Policy Advisory Committee (ePPAC) – The ePPAC provides policy direction for the project development phase, and reports and recommends to the BART and CCTA Boards of Directors. . The ePPAC Board of Directors consists of the elected officials from TRANSPLAN, Central County and the BART Board of Directors.

Jim Frazier is Oakley’s elected representative on each of these committees.

During a recent City Council meeting residents asked for assistance in getting the rail cars stored on the Mococo Line, owned by Union Pacific, moved to another location. They are concerned because the graffiti is reaching new levels of vulgarity. They also worry that they are attracting children who use the idle cars as a backstop to throw rocks against. On occasion rocks are being tossed in backyards.

The City has reached out to Union Pacific in the past on this issue and several others. Each time they have been rebuffed with the a reminder that – State, County and Local governments have absolutely no control of the railroads. City Manager, Bryan Montgomery, jokingly reminded us all that there is God and then the railroad. 
 
The Council requested that Mr. Montgomery contact Union Pacific to find out why these new cars have been placed in Oakley and what can be done to relocate them to a less suburban area.

They have responded in an email that they are aware of the situation, and have been contacted by MANY residents in the area. They have made their operating department aware of this, and will be in touch shortly to discuss it.

Here is a copy of a previous letter regarding the same subject. You can see that Oakley is not a lone voice in the wilderness.

UP letter

When Oakley incorporated it was required to prepare a General Plan. The General Plan is the ultimate guide for land use decisions. The process of updating the plan, that the County had previously prepared, took nearly two years. With property and business owners contributing, concessions were made and after months of public hearings, at both the Planning Commission and City Council, the General plan was approved in 2002. The City Council unanimously approved this plan.

The Zoning Code is created using the General Plan as its guiding authority. The General Plan is really the master plan that “dictates” the zoning. State law doesn’t allow the Council to approve a zoning designation that doesn’t comply with the General Plan.

The City adopted the County’s zoning code in 1999. When there are discrepancies between the Zoning Code and the General Plan the General Plan takes precedent. The Zoning Code was not massively overhauled when the General Plan was adopted. The properties not in compliance are legal non-conforming. They stay that way until someone changes the use of the property. At this time the City Council will change the zoning to comply with the General Plan.

Knox Lane is located on the southern end of Live Oak Ave, just before the canal. On the south side of Knox Lane are 5 properties with 4 homes sitting on an acre or more of property. The north side of Knox has 2 homes that have been sold to developers on 14.95 acres. As an aside, an acre is 43,650 square feet.

property

What was presented to the Council was: The project site is designated Single Family Low Density (SL) in the General Plan. The proposed project includes a rezone of half of the proposed project from General Agricultural (A-2) to Single Family Residential with 12,000 square foot minimum parcels (R-12). The other half of the property is currently zoned R-12. The SL designation allows a density of 1.0 to 2.3 dwelling units/acre. The applicant is proposing to subdivide the 14.95 acres into 34-single family parcels for a density of 2.27 dwelling units per acre, which falls within the allowable density. The majority of lots sizes are over 15,000 square feet.

The original City Council saw this gradual increase in lot size as a good way to transition between the higher density of the surrounding properties to the lower density of the properties along the canal.
 existing zone

Proposed zoning

The adjoining properties to the north and east are designated as Single Family High and a zoning designation of P-1.

gp

This map is the General Plan Land Use Map. The yellow designates Single Family High –which allows a minimum of 3.8 and a maximum of 5.5 units per gross acre. Parcel sizes range from approximately 6,000 to 8,600 square feet. The brown designates Single Family Low. The dark brown is Single Family Very Low. The green is Crockett Park. The red is Commercial. The blue is the canal.

Any part of the general plan can be changed through the amendment process, including land use categories. These changes are generally initiated by the property owner. It could be initiated by the City. In other words, if the Council felt a General Plan designation wasn’t a good one, they could probably come up with some good reasons to change it – though a taking claim could be made depending on how much someone relied on and spent with the current designation and how much value the change took out of the property. A taking can occur when a government agency acquires private property and fails to compensate an owner fairly. A taking can occur even without the actual physical seizure of property, such as when a government regulation has substantially devalued a property.

In summary; the Council was asked to rezone a piece of property to make it comply with the General Plan, which is required by state law. The Council was also asked to subdivide the property into 34 lots with a minimum lot size of 12,000 square feet (over a ¼ acre). This density complies with the General Plan. Denying either request would probably result in a law suit.

Just reading the City’s zoning laws can either put you to sleep or drive you to the brink of pain with its technical jargon, confusing acronyms and symbols and legal double speak. What started in New York City in 1916 as a way to stop what was becoming a hodgepodge of uncontrolled growth mixing tenements, newly emerging skyscrapers, factories and other incompatible uses from encroaching on Fifth Avenue homeowners has transcended into a labyrinth of confusing rules and regulations.

Simply stated zoning involves the separation of land into districts and then specifies the uses, which are permitted, conditionally permitted and prohibited within each district. The General Plan sets out a vision for the city. Zoning is one of the primary tools to implementing that vision. California law requires zoning to be consistent with the general plan. In order for zoning to be consistent with the general plan, “the various land uses authorized by the ordinance must be compatible with the objectives, policies, general land uses, and programs specified in the general plan.” (Cal. Gov’t Code § 65860(b)).

Zoning determines specifically what type of development will be allowed and what it will look like. A zoning ordinance may regulate the height, bulk, required open space, number of dwellings per acre (density), distance between the building and lot line (setbacks), landscaping, parking required and other requirements applicable to a specific zone. Zoning performs another important function within the city, it is a tool used to protect property rights and enhance property values. Zoning accomplishes this, in part, by separating incompatible uses, like houses next to farms or factories.

Oakley’s zoning codes were adopted from the county in 1999 when we incorporated. These codes divided the city into three main categories: residential, commercial and industrial. The residential and industrial districts are broken down further, single-family, multi-family, light industrial and heavy industrial. Each zoning district is assigned a code R (R6, R7, etc.) for single family residential, M (M29, M14, etc.) for multi-family residential, LI – light industrial, HI – Heavy Industrial, C – General Commercial.

This is just a sampling of the many codes contained in the 451 pages of the zoning ordinance. R6 district refers to a single-family dwelling on a lot no smaller than six thousand square feet in area (60’ x 100’). The ordinance for R6 single-family residential includes a list of permitted uses, uses requiring a land use permit, setbacks for front, side and back, describes the lot in terms of area, width, depth and building height. These same regulations and others are applied to all other zoning districts but with variations designed to implement the characteristics of that district.

Remember though, nothing is chiseled in stone. There are a number of methods that provide a degree of flexibility in the zoning ordinance. Legal non-conforming uses are uses that existed prior to zoning or zoning changes. This status allows for the continuation of a specific use even though that use may no longer be permitted. A good example would be a single-family residence rezoned into a commercial area. The house would remain as legal non-conforming. The homeowner would be allowed to sell the property as a home or could sell it for commercial purposes.

A Variance is another method where a property owner can request that City’s Zoning Ordinance be changed for their property. A variance allows you, under special circumstances, to develop your property in a manner that varies from zoning regulation requirements. A variance may be appropriate if your property has some unique characteristic such as severe slope or a unique physical feature (heritage trees, an oversized utility easement, etc.) that prevents you from enjoying the same kind of property use that your neighbors have. You may request a variance for building height, required parking, building location and setbacks. You may not request a variance to develop your property for a use that is not allowed in your zoning district.

A conditional use permits a use of the property that the zoning of the property identified as a discretionary land use which may or may not be compatible with the location. It may be determined that a particular land use may be appropriate for a given area or neighborhood but is not specifically identified under the current zoning. An example may include a small grocery market in the middle of an otherwise single family neighborhood. Generally, conditional uses benefit the community by providing a service or resource not found already in the community or that otherwise contributes to the public good.

Zoning isn’t just for the public or your neighbors. Sometime in the near future it may be necessary for you to check into those very same ordinances for your own building needs. You may want to add a room to your house. Setbacks will be critical in determining how large the addition may be. You may live on a large lot and want to add an auxiliary building to store the boat or cars. How big can it be? How high up can I go? What about placement on the lot? Or your concerns might be for what’s happening in your community. What will they be building on the vacant lot down the street, the one around the corner or the property on the other side if you back fence? You have a right to know, so don’t be afraid to ask questions.

Driving in and around Oakley puts one on that never-ending quest for driver nirvana: That secret combination of highways, back roads and side streets which allows you to travel from here to there unencumbered by traffic. Peace and tranquility abide.

Unfortunately as soon as you discover this bliss you turn around to see others following. Oakley will continue to grow. The roads will become more congested. Questions abound: Where will one find that next shortcut? Where will new roads be built? How can current roads be widened to accommodate more traffic? Will convenient bus service be available near homes? Will there be a bike lane or bike route throughout the city? How will Oakley handle the increase in traffic? How these questions are answered depends on good circulation planning.

The Circulation Element of the General Plan addresses the current and anticipated transportation needs and the ability of the road network and alternate transportation modes to meet the travel demands of the future. The Circulation Element is one of the required elements of the General Plan.

The California Government Code Section 65302(b) states: The general plan shall include . . . a circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other local public utilities and facilities, all correlated with the land use element of the plan. Minimum requirements of a circulation element include the following:

  • Identification and analysis of circulation (mobility) needs and issues;
  • A statement of goals, objectives and policies based on the total circulation needs of the community;
  • Diagrams, maps, and other graphic representations showing the proposed circulatory system;
  • A description of the proposed circulation system and the interrelationships among system parts;
  • Standards and criteria for the location, design, operation and levels of service of circulation facilities; and,
  • A guide to the implementation of the circulation system.

The purpose of the Circulation Element is to provide a strategy for planning, developing and maintaining a city-wide transportation system that can handle the traffic generated by the city we envision in the Land Use Element. Circulation means the physical movement of people and goods by means of freeways, streets, rail, bicycle routes, sidewalks and trails, as well as all types of transportation including cars, buses, trucks, trains, bicycle, ridesharing and walking.

The Circulation Element has a symbiotic relationship with the Land Use Element. The type, intensity and distribution of the land uses defined in the Land Use Element influence it. Using a combined land use and circulation analysis, planners may decide to build roads in developing areas, move development to areas which already have excess road capacity, widen existing roads in anticipation of future traffic requirements and many other options. The Housing, Open Space and Noise elements are also influenced by the Circulation Element.

Planning has its own nomenclature. Therefore, new terms are introduced as part of the Circulation Element. Important terms are:

Arterial – An Arterial serves as a regional travel route, accommodating through trips and linking the local street system to through routes. This street section typically provides for a four-lane divided roadway or potentially six reduced-width lanes if parking is prohibited.
Collector – A Collector street, as the name implies, collects and distributes traffic from local streets to the arterial road network. A two-lane undivided roadway is the usual design, with on-street parking permitted.
Local Street – Local streets are two-lane undivided roadways designed to serve local circulation, with traffic characterized by low volumes of vehicles traveling at slower speeds. Generally, a local street is not intended to handle through traffic.
Level of Service or LOS – The efficiency and quality of traffic operations can be described in terms of Level of Service. There are six categories of LOS. The letters A to F are used to identify traffic conditions, with LOS A representing excellent conditions and LOS F representing extreme congestion.
LOS “A” – Vehicles are completely unimpeded in their ability to maneuver within the traffic stream. Stopped delay at signalized intersections is minimal.
LOS “B” – Ability to maneuver within the traffic stream is only slightly restricted. Stopped delays are not bothersome, and drivers generally are not subject to appreciable tension.
LOS “C’ – Traffic operations are stable. However, mid-block maneuverability may be more restricted than in LOS B. Longer queues, adverse signal coordination, or both may contribute to lower average travel speeds.
LOS “D” – Borders on a range where small increases in flow may cause substantial increases in approach delay and decreases in arterial speed. LOS D may be due to adverse signal progression, inappropriate signal timing, high volumes, or some combination of these factors. For planning purposes, this level-of-service is the lowest that is considered acceptable.
LOS “E” – Characterized by significant approach delays. Typically caused by some combination of adverse progression, high signal density (more than two signalized intersections per mile), high volumes, extensive queuing, delays at critical intersections, and/or inappropriate signal timing.
LOS “F” – Arterial flow at extremely slow speeds. Intersection congestion is likely at critical signalized intersections, with high approach delays and extensive queuing. Adverse progression is frequently a contributor to this condition.
Source: p. 11-4, Highway Capacity Manual, Special Report 209, Transportation Research Board, 1994.

The dream of the open road, the top down, the wind blowing through your hair, the music just right and not another driver in sight maybe unthinkable; but, its one to strive for.

The Oakley City Council is a five member, non-partisan board. Every two years, in November, a sub set of the council will run, at large, for a four year term. At large simply means that council members are elected to represent the entire community and not a specific jurisdiction or district. California Government Code § 36501 requires general law cities be governed by a city council of five members, a city clerk, a city treasurer, a police chief, a fire chief and such subordinate officers or employees as are required by law.

There are no unique qualifications necessary to be a member of the City Council except: you must be at least 18 years old, a citizen of the United States and a resident of the City of Oakley.

The City Council is similar to the Board of Directors of a private or public corporation. They are policy makers who establish a vision for the city and set policies, approve budgets, pass ordinances and resolutions to govern the City. The council also serves as members of the Community Redevelopment Agency. The Council hires a City Manager to run day to day operations. The council-manager government is used in majority of American cities with populations of 2,500 or more, according to the International City/County Management Association. The Council also hires the City Attorney.

Annually, the Mayor is selected by a majority of the City Council from among currently serving Council Members. At this time a Vice Mayor is also selected. This is the standard method among general law cities. Cal. Govt. Code § 36801: “The city council shall . . . choose one of its number as mayor, and one of its number as mayor pro tempore.” However, a general law city is permitted to have a mayor that is directly elected by the voters, if certain procedures are followed. In Contra Costa 14 of the 19 cities select a Mayor in the same manner as does Oakley. Only in Antioch , Brentwood, Martinez , Richmond and San Ramon is the Mayor directly elected.

The job of Council member is a part time position. Council members generally have full time jobs. The current pay for Oakley City Council Members is $300.00 per month. The value was set to change for the first time since 1999 to $465 in December of 2008; however Council members decided to take the money from their raises and sponsor the first “Relay for Life” event in Oakley. I like to refer to the position as being an elected volunteer.

Continuing the private/public corporation comparison the City Council hires a City Manager as the “CEO” to carry out the public policy. The City Manager serves as the City Council’s chief advisor, prepares the budget, oversees the staff, and acts to carry out the City Council’s goals and programs. The organizational chart of a council-manager run city closely resembles a corporation with a board and a hired CEO.

A Council members most prominent role is seen during City Council Meetings, held the 2nd and 4th Tuesday at 6:30. This is where the decision making process is accomplished, in public. Prior to each meeting a Council member is provided a “staff report”. A staff report is a collection of information about each item on the agenda and staff’s recommendations for approval, denial, or for other action to be taken. Recommendations in a staff report are not decisions, but are rendered to assist the Council in making a decision. Staff reports are delivered on the Thursday prior to a Council meeting and may have as many pages as a large novel.

The Council does not work in a vacuum. Besides information provide from staff, the Council will rely on ideas from other sources, including citizens, advisory commissions (the Planning Commission), the Chamber of Commerce, and others. The decision making process includes information provided from the previous sources, an analysis of community needs, alternatives, available resources, legal advice, does the project conform to current ordinances and or land use policies, and much more.

Every issue has pros and cons, winners and losers. So, depending on the outcome the Council is either the most thoughtful, progressive, insightful people in Oakley or they are idiots who show up with their minds already made up and unwilling to listen to others.

The Oakley Downtown Specific Plan Draft Environmental Impact Report (DEIR) is available for public review and comment. The review period begins September 10,2009 and ends on October 28,2009.

The DEIR has been prepared to consider the potential environmental effects of the proposed Oakley Downtown Specific Plan. The DEIR also analyzes the proposed Main Street Realignment project, which would reroute Main Street north of the existing Main Street from east of Vintage Parkway to approximately 2nd Street, allowing the existing Main Street to become more pedestrian oriented and shopper friendly.

Copies of the DEIR are available for review at the City of Oakley Community Development Department at 3231 Main Street and the Freedom High School Public Library at 1050 Neroly Road. Downloadable copies are also available on the City’s website.

A public meeting on the project DEIR is tentatively scheduled for Tuesday, October 13, 2009 at 6:30pm at the City Hall Council Chambers located at 3231 Main Street. The item will be discussed as part of the regularly scheduled City Council meeting. All speakers are encouraged to also submit written comments to become part of the DEIR comments.

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Eight years before the American Revolution business people in the state of New York, responding to the Stamp Act that was passed by British Parliament, banded together and created the first Chamber of Commerce in the United States. Local entities joined the process when Charleston, South Carolina formed a chamber in 1773. Today, nearly every city and town across the nation has some form of organized chamber of commerce.

Simply stated a Chamber of Commerce is a not-for-profit organization of business, industrial and professional firms and interested individuals within a community concerned about improving the area in which they do business; the area in which they live; the area in which they have made their greatest investments. There are three levels: national, state and local.

The U.S. Chamber of Commerce was founded on April 22, 1912, at the suggestion of President William Howard Taft, to develop a strong link between business and government. Today, the Chamber has grown to represent more than 3 million businesses, nearly 3,000 state and local chambers, 830 associations, and over 90 American Chambers of Commerce abroad.

For over a hundred years Californian’s have had a state chamber advocating for and protecting business interest in the political arena of Sacramento. Currently the chamber has more than 14,000 members employing 25% of California’s private sector workforce. The state chamber is predominately made up of small businesses, 75% of Chamber members have 100 or fewer employees.

While working on the Oakley Boundary Committee in the summer of 1984 one of the tasks performed by Ken Graunstadt, of Delta Scrap, was to visit the chambers in the surrounding communities. During these visit it became apparent to Ken that there was no such organization advocating for the businesses in Oakley. He set out to change that. Enlisting the help of others they gathered in the old Oakley Hotel and elected Fred Cline their first president. Soon after they launched their first event, the Oakley Wine and Jazz Festival, on Sellars Ave. Oakley’s Chamber of Commerce was officially recognized on December 13,1984.

The chamber sponsors many events and activities including; Almond Festival, Citizen of the Year Banquet, Christmas Tree lighting ceremony, monthly mixers and quarterly luncheons. When funds are available they also contribute to the Freedom High Scholarship fund.

Using the mission statement,” The mission of the Oakley Chamber of Commerce shall be to promote the businesses of Oakley as well as take a leadership role in the overall welfare and growth of the community”, the chamber has set out on an aggressive growth campaign hoping to attract 10 new members a month.

The ultimate goal of the chamber of commerce is to make its community a better place to live, work and do business. If you are interested the Chamber Board meets the second Tuesday of the month at the Bank of Agriculture & Commerce at 8:00 am. The chamber office is located at 3510 Main St.

When I asked about the biggest challenge facing the Chamber today, President Steve Nosanchuk ,a 28 year resident of Oakley, said “Member involvement, pure and simple. A chamber cannot exist without the participation of its members….ALL of its members. It can’t be the same members over and over again trying to do the business of the chamber. As with any volunteer organization, if you put the burden of the many on just a few you will eventually lose the few to burnout. As we speak I am in the final stages of planning this year’s Oakley Almond Festival. On a good night I get 10-12 people to show up for a meeting, but we usually only get 5-6 of the same people… the chamber even buys the pizza for everyone. If this trend continues, I can see the Almond Festival going away forever and that would be a shame and a sad day for this community. My goal for this chamber is to retain the members we have, and to attract the business owners that are not yet members. If we grow this chamber, businesses will have a stronger voice in the community, and a larger role in the decision making process that effects us all.”

Chamber

Chamber Office on Main - Photo by Steve Nosanchuk

Sometime around 2625 BC the first true, smooth-sided pyramid was built by King Snefru. Then in 2600 BC, the largest and most famous of all the pyramids, the Great Pyramid at Giza, was built by Snefru’s son, Khufu, known also as Cheops, the later Greek form of his name. The pyramid’s base covered over 13 acres and its sides rise at an angle of 51 degrees 52 minutes and were over 755 feet long. It originally stood over 481 feet high; today it is 450 feet high. Scientists estimate that its stone blocks average over two tons apiece, with the largest weighing as much as fifteen tons each. There is a consensus among historians that the building plans for this great pyramid were altered, not once, not twice, but three times. Even the great architects of ancient Egypt needed a plan review process.

Today, the plans you submit, Plot Plan, Floor Plan, Elevation drawings, etc., to Oakley’s Building Division as part of the building permit process are also required to go through plan review. Plans are typically routed to the Planning and Engineering departments and to the Fire District, Ironhouse Sanitation District, Diablo Water District and when required the Health Department. Each department or Special District checks to see if what you want complies with the building codes and zoning ordinances adopted by the city.

During plan review the responsible party will make a list of any discrepancies between what you propose to do and what the regulations will allow. They will identify potential code violations prior to construction. This step in the process is critical prior to beginning construction because it may be necessary to revise drawings for code compliance. The turnaround time for most projects is 15 working days.

When the plan review process is complete the Building Division notifies the permit applicant. Depending on how well the plans conformed to codes a permit is issued or a list of plan review corrections that need to be addressed or revised then resubmitted for review is presented.

Unfortunately the permit comes with a price tag. Only one fee is due when the permit application is filed, the Plan Review fee, any other fee is due when the permit is issued. These fees are based on the size and value of the project. 

After you have been approved for your building permit, you have the legal permission to start construction. The Building Division will work with the permit holder through the course of their construction. On site inspections will be performed to make certain the work conforms to the permit.

What happens if you’ve already built or are in the process of building that small addition without a permit? There are not any staff members of the Building Division roving the streets looking for stacks of building material on your driveway. Typically the staff works from complaints. Maybe the workshop you constructed is too close to the neighbor’s property line or the 9-foot fence you added is blocking someone’s view. In these cases an inspector will respond and if they find that work is being done without a permit they will issue a “Stop Work Order”. The order can only be lifted when a permit is issued. If the work is complete a permit can still be obtained. Just like the normal process, plans must be submitted, the review process completed, then a permit is issued and an inspection is performed to validate that the construction meets the current code.

The Building Division counter is the logical place to start with any construction project you may be planning. At the counter permits are issued, questions are answered and on smaller projects the plan review process may be completed. The counter is generally open from 8:00 a.m. to 5:00 p.m. Monday through Friday. The Building Division is located at 3231 Main Street and can be reached at 625-7000.

Thanks to Brent Smith, Building Official, for his technical assistance.

Building codes, those onerous rules governing construction, are perhaps the oldest governmental regulations we have. The earliest known building code —the Code of Hammurabi, king of the Babylonian Empire, written in 2200 B.C.—assessed penalties if a building was constructed improperly. Hammurabi’s code said that if a builder builds a house and does not make its construction firm, and the house collapses causing the death of the owner, that builder shall be put to death.

The first building codes in the United States, established in 1625, addressed fire safety and specified materials for roof coverings. In 1630, Boston outlawed chimneys made with wood and thatch roof coverings. In the late 1770s George Washington recommended that height and area limitations be imposed on wood frame buildings in his plans for the District of Columbia. In 1788, the first known formal building code was written in the United States (in German) in Old Salem, (now Winston-Salem) North Carolina.

Today’s codes and ordinances don’t contain a death penalty but the purpose is the same: to protect the public, reduce potential hazards, provide building standards, and lower construction and insurance costs.

A familiar term, “building permits,” is merely a system of fees to help defray the costs of administrating and enforcing building codes. These permits are agreements between the City of Oakley and the applicant whereby the applicant agrees to follow all codes and the City agrees to inspect the construction to ensure that all codes are followed.

There are several reasons why you should get a permit:

  • Your home is an investment. If your project does not comply with applicable codes, the value of your investment could be reduced.
  • Property insurers may not cover work done without permits.
  • To ensure compliance with zoning regulations.
  • If you sell a home or building that has been modified without a permit, you may be required to demolish or remove the modification, or pay for costly repairs. Under State Realty Law an owner has to disclose if work has been performed without a permit.
  • If an inspector comes across work being done without a permit a ‘Stop Work Order’ will be issued. If the work does not comply with the zoning or building codes you may be required to restore the structure to its original state.
  • By obtaining permits, complying with code requirements and having all required inspections, you are ensuring the safety, health and welfare of yourself, your family and/or the public.

Generally speaking a building permit is required when any structural change or major alteration is made to an existing building or when any new construction is undertaken.

Oakley’s Building Division is responsible for the administration of building codes and the issuance of building permits. To start the process a permit application must be completed. The application is filled out by the property owner or a California Licensed Contractor. Some permits such as those required to replace a water heater, a furnace changeout or re-roofing can be obtained “over the counter”. Permits for room additions, decks, swimming pools, sheds, patio covers and similar projects require plans.

The combination and number of plans required depends on the type of application. However, you can typically expect the following plans to be required: A Plot Plan – a diagram of a lot as seen from above showing the outline of all existing and proposed structures. A Floor Plan – a diagram showing the location of rooms, doors, windows and type and uses of all rooms. An Elevation Drawing – the elevation drawing shows the exterior sides of an existing or proposed building. It should be drawn to scale and show proposed colors. Photographs may be substituted for elevations of existing buildings. A Foundation Plan – the foundation plan is similar to the floor plan but also shows the footings and foundations as if they were exposed. Framing Plans – plans for ceiling, wall and roof framing indicating dimensions, materials, sizes, spacings, and connection details of all structural framing members.

If your unsure if you need a building permit the Building Division is located at 3231 Main Street and can be reached at 625-7001. The next column will go into detail about what happens after the plans are submitted.

Let’s take a quick visit to the 1970s. During that time we saw the last of the Apollo missions. Television presented us with “All in the Family”, “M*A*S*H”, and “Monday Night Football”. The economy was awful with 12% inflation, 12% unemployment and interest rates for car loans averaged about 22%.  The “Energy Crisis” became a catch phrase, car owners found themselves waiting in gas lines and station owners battled one another in gas wars while the price per gallon for the elusive fuel climbed from 30 cents a gallon to over a dollar.

Triggered by the same inflation, California saw a dramatic rise in property values. Between 1974 and 1978 the combined assessed value of the average home increased by 111%. Unfortunately for homeowners property taxes were based on the assessed value of the home. This giant leap in the paper wealth of homeowners merely translated into higher and higher property taxes. From 1975 to 1978, disgruntled homeowners became increasingly unhappy by a staggering jump of 92% in newly levied property taxes. The nations second revolution against high taxes was about to take place.

In California on June 6, 1978, not a shot was fired, there was no midnight ride of Paul Revere and there were no minutemen. Californians simply went to the ballot box and by an overwhelming two-thirds majority voted for Proposition 13, reducing property taxes by about 57%. Virtually overnight cities and counties felt the loss of nearly $6.9 billion in property tax revenues.

Historically cities and counties had used property taxes to finance infrastructure – roads, schools and parks. In the wake of Proposition 13 cities and counties now had to seek alternate methods of providing this financing. Unless state or federal funds are provided, local governments have only two alternatives – bonds and exactions.

Webster’s Dictionary defines an exaction as; an act of demanding or levying by force or authority. An exaction is a condition or finance obligation imposed on developers to help local government pay for public services. The Subdivision Map Act gives cities and counties statutory authority to impose fees or dedications of land for specific uses as conditions of subdivision map approval. The purpose of the fee or exaction must directly relate to the need created by the development. Exactions generally include direct charges (fees) or dedications (land) collected on a one-time basis as a condition of an approval being granted by the city.

 The Subdivision Map Act provides for certain types of dedications including; dedication of streets and alleys within the subdivision, dedication of bike paths in conjunction with streets and alley dedications. When a subdivision has the potential for 200 or more dwelling units, covers 100 or more acres or when transit services are or will be available to it, the city may require dedication of land for local transit facilities. The Quimby Act allows for the dedication of land or payment of an in-lieu fee to provide park and recreation facilities to serve the subdivision. Additional land may be set aside for dedication of school sites to serve the subdivision. Such a dedication must be requested by the affected school district. Areas within the subdivision may be reserved for parks, recreational facilities, fire stations, libraries, and other public uses based upon the policies and standards of an adopted general plan. Local jurisdictions must assure that subdivisions provide public access to public waterways. Subdividers can be required to dedicate this access. Inclusionary housing or the payment of an in-lieu fee may be used to encourage the development of affordable housing.

The battle on whether or not new development is paying their fair share to lessen the impact that they are imposing on the city will always be there. The city will always be looking to ensure that new development is carrying its weight and developers always looking for ways to cut costs. In this battle the courts have generally sided with local government in the implementation of exactions. The one caveat handed down in each court decision is that there must be a nexus between the exaction and development. The U.S. Supreme Court has added the concept of “rough proportionality” to limit the how much a city can require as a condition of a subdivision approval. From a city’s perspective a new development will almost always increase the burden on public services, and the developer should be willing to pay their fair share. 
 

Fees

As part of the federal stimulus package, Oakley will be receiving $168,314 as an Energy Efficiency and Conservation Block Grant. The funds are to be used for cost‐effective energy efficiency projects that reduce energy use. Staff has reviewed possible projects and feels that converting as many streetlights as possible to LEDs would be the best approach and it would bring considerable recurring savings.

In July of this year the Department of Justice COPS Office announced a $1 billion grant program as part the American Recovery and Reinvestment Act. The funding is to be used on the COPS Hiring Recovery Program (CHRP), a program available to state, local and tribal law enforcement agencies to create and/or preserve nearly 5,000 law enforcement positions. Unfortunately there were $8 billion in requests.

To allocate the limited dollars among the many applicants the Feds devised a scoring system that used, for better or for worse, the crime rate in Oakley. The good news- Oakley’s crime is low, the bad news – we didn’t score high enough to qualify for funding.

While the economy continues to struggle nationally, the City of Oakley is in the process of initiating a number of capital projects in the coming months:

CIP 72 ‐OʹHara Avenue Widening – O’Hara Avenue will be widened from Laurel Road to Nutmeg. The project consists of widening the roadway to the west along the first three properties and installing curb, gutter, sidewalk, and landscaping. Additional striping will be installed providing two through lanes for the south bound traffic.

CIP 14 ‐Neroly Road Pavement Rehabilitation – As part of the City’s Pavement Management, Neroly Road from Hwy 4 south to Laurel Road Extension will undergo pavement rehabilitation. The project consists of repairing areas where the pavement is cracked or failing. Following the pavement repairs, the roadway will receive a rubberized asphalt overlay and a cape seal.

CIP 106 ‐Laurel Extension Landscaping – Laurel Road is the arterial connector to the Highway 4 Bypass and the gateway to Oakley. This project will consist of installing landscaping on both sides of the road and the median from Empire Avenue west to the Bypass.

CIP 41 ‐Freedom Park Stormwater Treatment and Wetland Enhancement -  This retrofit project will address drainage, water quality, and vector control issues in Freedom Park by including gabion check walls, solar powered recycling pumps, and landscaping. With the enhanced filtration, aeration, and water movement, the wetland area will become the amenity it was first envisioned to be with an observation pier to take it all in.

A gabion wall is basically a bunch of rocks wrapped in a wire mesh. It creates a “natural” wall to slow the water down and force the sediment to filter out. The mesh allows you to build it higher, thinner, and more stable then if you just stacked rocks, so you save on the number of rocks you need. – JV

gabion wall

 

CIP 87 ‐Empire Avenue Widening – CIP 87 & 27 will widen Empire Avenue to a 4‐lane divided road from Laurel Road to Carpenter Road, with medians added on Empire north of Laurel to Gateway Drive. Additionally, curb, gutter, and sidewalk will be constructed adjacent to the entire construction zone.

CIP 14 – Oakley Road and Delta Road Pavement Rehabilitation – The Federal American Recovery and Reinvestment Act funds will be used to rehabilitate the asphalt on Oakley Road (Empire to the City limits) and Delta Road (Main Street to Sellers Avenue).

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