City of Oakley, CA Article 12 SPECIAL LAND USES.

§ 9.1.1202 Wireless Communications Facilities.

a. Purpose and Intent. This Section establishes standards for the placement of Wireless Communication Facilities in all zoning districts. It is the intent of this Section to minimize the adverse impacts of such equipment and structures on neighborhoods and surrounding developments by addressing aesthetic impacts in architectural design of facilities and by limiting the height, number, and location of such devices. Wireless communication facilities shall be located, designed and screened to blend with existing natural or built surroundings so as to reduce visual impacts considering the technological requirements of the proposed communication service and the need to be compatible with neighboring residences and the character of the community.

b. Definitions. Definitions, as used in this section:

1.

"Antenna"

shall mean any system of towers, poles, panels, rods, wires, drums, reflecting discs or similar devices used for the transmission or reception of electromagnetic or radio frequency waves. The distinction is made between the support structure and the antenna (s) mounted thereon.

2.

"Building-Mounted Antenna"

shall mean an antenna whose support structure is mounted to a building or rooftop equipment screen that transmits or receives electromagnetic signals.

3.

"Co-Location"

shall mean the location of two or more wireless communication facilities on a single support structure or site otherwise sharing a common location. Co-location shall also include the location of wireless communication facilities with other utility facilities and structures such as, but not limited to, water tanks, transmission towers and light standards.

4.

"Wireless Communications Facilities"

means a facility that transmits and/or receives electromagnetic or radio frequency waves, including, but not limited to towers, antennas, monopoles support or accessory structures and related equipment. Amateur radio facilities are not included in this definition.

5.

"Equipment Enclosure"

shall mean a cabinet or other structure used to house equipment associated with a wireless communication facility.

6.

"Free Standing Communication Tower"

means an antenna support structure that is more than fifteen feet in height from finished grade and is designed to support the antennas of a facility regulated by this chapter. Monopoles and self-supported or guyed structures of lattice construction are examples of this type of structure. Roofmounted or building mounted antennas are extended from this definition.

7.

"Monopole"

shall mean a single freestanding pole, post, or similar structure that is more than fifteen feet in height that has antennae attached to it.

8.

"Public Art Facilities"

means wireless communication facilities may be designed within a piece of public art. Public art may be a functional item such as a clock tower, windmill, tree or be some type of attraction such as a historical monument.

9.

"Related Equipment"

shall mean all equipment ancillary, to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors.

10.

"Roof-Mounted Antenna"

means an antenna directly attached or affixed to the roof of an existing structure which transmits or receive electromagnetic signals.

11.

"Service Provider"

shall mean any authorized provider of wireless communication services.

12.

"Stealth Facility"

shall mean any wireless communication facility which is designed to blend into the surrounding environment by means of screening, concealment, or camouflage. The antenna and supporting antenna equipment are either not readily visible beyond the property on which it is located, or, if visible, appear to be part of the existing landscape or environment rather than the wireless communications facility. Wireless communication antennae may be integrated into multiple use facilities as part of existing or newly developed facilities that are functional for other purposes, such as ball field lights, shopping center freeway signs, flagpoles, etc. All multiple use facilities shall be designed to conceal the antennae.

c. 

Where Permitted. Wireless communication facilities shall be permitted on all nonresidential lots and may be located on city-owned or controlled property, subject to the following review and approval process:

i. Permitted use, subject to Community Development Director review and approval:

1. Stealth Facilities.

ii. Permitted use, subject to Design Review by the Planning Commission:

1. Public Art Facilities.

iii. Requiring a Conditional Use Permit:

1. All other forms of Wireless Communication Facilities.

d. 

Development Standards.

i. General Development Standards. The following development standards shall be met by all new wireless communication facilities.

1. To minimize overall visual impact, whenever feasible. In addition, whenever feasible, service providers are encouraged to co-locate antennas with other facilities such as water tanks, light standards, utility poles, and other utility structures, where the co-location is found to minimize the overall visual impact.

2. All wireless communication facilities shall comply at all times with all Federal Communications Commission (FCC) rules, regulations, and standards, and any other applicable federal, state or city laws or regulations.

3. Sufficient anti-climbing deterrents, including warning signs (ANSI Standard C95.2-1982 Warning Symbol), shall be incorporated into the facility, as needed, to reduce the potential for trespass and injury.

4. All related equipment, equipment enclosures, antennas, poles or towers shall have a nonreflective finish and shall be painted or otherwise treated to minimize visual impacts.

5. Proposed equipment cabinets/structures and accessory structures shall be maintained in good condition over the term of the permit. This shall include keeping equipment cabinets and structures graffiti-free and maintaining security fences and warning signs in good condition.

6. Antennas, towers, dishes or mountings shall not be used for advertising.

7. Exterior lighting shall not be allowed on wireless communication facilities except for that required for use of authorized persons on-site during hours of darkness or where antenna structure owner or registrant is required to light the antenna structure by the terms of the FAA antenna structure registration applicable to the facility.

8. All freestanding wireless communication towers shall be designed at the minimum functional height required for the coverage area unless it is determined that additional height is needed for architectural reasons or is part of a city approved plan to reduce the impact(s) of future installations.

9. All wireless communication facilities which are not mounted on existing structures shall be (a) screened from the view of surrounding properties, as much as possible and co-located with existing facilities or structures so as not to create substantial visual, noise or thermal impacts; or (b) sited within areas with substantial screening by existing vegetation; or (c) designed to appear as natural features found in the immediate area, such as trees or rocks, so as to be effectively unnoticeable; or (d) screened with additional trees and other native or adapted vegetation which shall be planted and maintained around the facility, in the vicinity of the project site, and along access roads in appropriate situations, where such vegetation is required to screen communications facilities. Such landscaping, including irrigation, shall be installed and maintained by the applicant, as long as the permit is in effect or (e) existing on-site vegetation shall be preserved or improved and disturbance of the existing topography shall be minimized.

ii. Development Standards--Building Mounted Antennas. In addition to all other applicable development standards mentioned in subsection (d.ii.), wireless communication facilities proposed to be mounted or attached to an existing building shall comply with the following:

1. Building-mounted antennas and any associated equipment should be in scale and architecturally integrated with the building design in such a manner as to minimize the visual impact. Screening designs may include locating the facility within attics, steeples, towers, behind and below parapets, or concealed with an architecturally compatible addition to a building.

2. Colors and materials of the antennas should match the existing building when attached directly to the facade of a building.

3. Wireless communication facility equipment shall be located to minimize visibility from public places. Any visible portion of equipment shall be painted or treated in order to be architecturally compatible with the surrounding buildings and/or it shall be screened, using appropriate techniques, to camouflage, disguise and/or blend into the surrounding environment, as determined by the Planning Commission.

4. Antennas shall be flush-mounted and located below the roof line of the building. Antennas and the associated mounting generally shall not project beyond a maximum of eighteen inches from the face of the building.

iii. Development Standards--Roof Mounted Antennas. In addition to all other applicable development standards in subsection (d.i.), wireless communication facilities proposed to be mounted or attached to the roof of existing buildings shall comply with the following:

1. Roof-mounted equipment and antennas, other than facade antennas, shall be aesthetically compatible with and located as far away from the edge of the building as technically feasible as determined by the Community Development Director. Antennas attached to the building shall be painted or otherwise treated to match the exterior of the building or the antennas’ background color.

2. Roof-mounted antennas shall not be placed in direct line of sight of scenic corridors or where they will significantly affect scenic vistas, unless the facilities incorporate appropriate techniques to camouflage, disguise and/or blend them into the surrounding environment.

3. The height of roof-mounted antennas, including the support structure shall not be more than fifteen feet above the roof plate of the building to which they are attached.

4. Wireless communication equipment, if located on the rooftop of buildings, shall be located so as to be minimally visible from public places. If any portion of the equipment is visible, it shall be camouflaged or screened from view, to the fullest extent possible.

iv. Development Standards--Freestanding Wireless Communication Towers. In addition to all other development standards in subsection (d.i.), freestanding wireless communication towers zoning shall comply with the following:

1. Freestanding wireless communication towers shall be located and designed to minimize visual impacts. When appropriate, monopoles in areas where adverse visual impacts cannot be avoided (as in some commercial areas), shall be camouflaged, disguised and/or blended into the surrounding environment, or disguised as public art, flag poles, telephone poles, light standards, or other visual forms to avoid an adverse visual impact.

2. The smallest available and least visible antennas that provide the coverage objective shall be mounted on towers.

e. Abandonment. All approvals for Wireless Communication Facilities shall be in effect only while the facilities are being operated on a continual basis. When the use is replaced or discontinued for a period of six months, the approvals will lapse, and the operator or property owner shall be required to remove the facility and all associated equipment and restore the property to its original or otherwise acceptable condition, subject to the approval of the Community Development Director.

(Ord. 05-09, 2/10/2009)

§ 9.1.1204 Satellite Antennas and Microwave Equipment.

a. General. Satellite and microwave receiving antennas may be allowed in designated zoning districts within the City, consistent with the development standards established under this section.

b. Findings and Declaration. The Council finds that the installation of satellite and microwave antennas and equipment can, unless controlled, affect the aesthetic and safety values of agricultural, residential, commercial, and industrial areas. Therefore, the installation of these antennas and equipment is regulated to result in locations which are least visible from public rights-of-way in the vicinity, while not burdening adjacent property owners with adverse visual impacts.

c. Definitions. As used in this section:

1.

"Microwave Receiving Antenna"

shall mean a device designed to receive signals transmitted from ground-mounted transmitters;

2.

"Satellite Antenna"

shall mean a device designed to receive signals transmitted from orbiting satellites.

d. Satellite Antennas. Satellite antennas that are greater than two feet (2') in diameter or that send signals are subject to the following requirements:

1. Non-residential Satellite Antenna Standards:

i. Satellite antennas are permitted in non-residential areas to send and/or receive signals to/from satellites if the power output of the associated transceiver does not exceed two watts of power and the dish is six feet in diameter or less. The signal intensity must be maintained below applicable ANSI standards.

ii. Satellite antenna(s) in non-residential areas may be roofmounted provided that they are screened from view;

iii. Satellite antenna(s) installed directly on the ground in non-residential areas shall be located outside of all setbacks. The maximum attainable height of a dish-shaped antenna shall not exceed the diameter of the dish plus three feet (3') to a maximum of fifteen feet (15').

2. Residential Satellite Antenna Standards. In residential areas:

i. Satellite antennas are permitted to receive signals only.

ii. Roof-mounted antennas are not permitted.

iii. Satellite antennas shall be installed directly on the ground. The maximum attainable height of a dish-shaped antenna shall not exceed the diameter of the dish plus three feet (3’), to a maximum of fifteen feet (15').

iv. Satellite antennas shall meet the setback requirements for accessory structures.

v. Only one (1) satellite antenna is permitted on each lot.

vi. The distribution of signals to more than one dwelling unit is permitted, provided the distribution is limited to the same parcel or same project as the antenna site.

3. In any situation where the above provisions do not allow reasonable access to satellite signals, a conditional use permit shall be considered by the Planning Commission with the objective of ascertaining the most aesthetically acceptable alternative siting solution. In no case may the final decision result in denial of reasonable access to satellite signals. The Planning Commission shall consider the following:

i. The decision on the use permit application must provide for a reasonable quality of signal reception, taking into consideration the particular circumstances of the property and its surroundings.

ii. The decision on the use permit application may take into consideration all the alternative site locations and reception solutions on the property and the use permit may be conditional for the purpose of reducing the visual impact of the satellite antenna as seen from adjacent properties or for the purpose of reducing the potential safety or health impacts. Such conditions may include, but are not limited to: partitions, screening, landscaping, mountings, fencing, height of antenna, and site location within the parcel.

4. Exemptions. The following types of antennas are exempt from regulation:

i. Common skeletal-type radio and television antennas in standard configurations used to receive commercial broadcast UHF, VHF, AM, and FM signals.

ii. Solid dish-type antennas with a diameter of less than two feet (2’) which are designed to receive signals directly from orbiting satellites.

e. Microwave receiving antenna installation shall comply with the following criteria:

1. A microwave receiving antenna installed in a residential zoning district or residential area of a planned unit district shall comply with the following:

i. The antenna may not exceed eighteen inches (18") in diameter and shall be mounted on a building or roof;

ii. If installed on a roof, the highest point of the antenna may not extend higher than the diameter of the antenna above the roof surface directly under the antenna;

iii. The design and location of the antenna are subject to approval by the Community Development Director.

2. A microwave receiving antenna installed in any non-residential zoning district or non-residential portion of a planned unit district shall comply with the following:

i. Installation is prohibited in any required front or street side yard setback area;

ii. All wires or cables necessary for the operation of the antenna or reception of the signal shall be placed underground, except those wires or cables attached flush with the surface of a building;

iii. An antenna may not be installed with the use of guy wires;

iv. The antenna shall be placed on the site so as not to interfere with on-site pedestrian or vehicular circulation;

v. Landscaping or solid screening shall be installed around the base of any tower so as to screen the tower from view and to provide a physical separation between the tower and any pedestrian or vehicular circulation;

vi. The design and location of the antenna are subject to approval by the Community Development Director.

3. An antenna shall be maintained in an operational state with no structural defects or visible change to the antenna or its structure.

f. Microwave Transmitting and Relay Equipment. Microwave transmitting and relay equipment may be installed in any zoning district except residential districts or residential areas of planned unit districts subject to obtaining a conditional use permit, and subject to all requirements of subsection (e)(2).

g. This section supplements and is in addition to other regulatory codes, statutes and ordinances.

§ 9.1.1206 Cemeteries.

a. Non-Exclusive Regulation.

1. Cemeteries may be allowed in designated zoning districts as defined in Chapter 4 within the City, subject to approval of a Conditional use permit application and consistent with the development standards established under this section. No person shall dedicate, establish or maintain any cemetery, as defined in Section 9.1.202(b)(22), or extend the boundaries of any existing cemetery at any place within the Oakley City boundaries without first obtaining a permit as specified in this section;

2. Permit Authorized in Only Certain Land Use Districts. An application may be made and a conditional use permit may be granted for the establishment of a cemetery in land use districts established by Article 3 and Article 4 of this chapter, except that no application shall be accepted or permit granted for premises located in RB, C, and LI districts;

3. Permit Assignment. No permit shall be assignable before the actual establishment of the cemetery or extension of an existing cemetery, nor shall the permit be used by any person other than the applicant or applicants in the establishment of a cemetery or extension of an existing cemetery.

b. 

Applications.

i. Information Requirements.

1.) Any person desiring to obtain issuance of a permit required by this section shall file a written application with the Community Development Department, which shall administer this section;

2.) The president and the secretary of the corporation who will operate the proposed cemetery and the owner or owners of the land to be included in the cemetery shall sign and verify the written application for a permit. The application, in addition to any other matter required by the Planning Commission, shall set forth in separate paragraphs or in attached exhibits the following information:

i. The names and addresses of all persons owning any part of the property proposed to be used as a cemetery;

ii. The names and addresses of the officers and directors of the corporation which will operate the cemetery;

iii. A map showing the exact location, exterior boundaries, and legal description of the property proposed to be used as a cemetery; the location and names of all public roads located within one-half (½) mile from the property; the elevation in feet above sea level of the highest and lowest points on the property;

iv. A financial statement of applicant showing the financial ability of applicant to establish, care for, and maintain the proposed cemetery in a manner to prevent it from being or becoming a public nuisance;

v. A statement setting forth whether the cemetery is to be established as an endowment-care or nonendowment-care cemetery and, if an endowment-care fund is to be or has been created, the statement shall specify the existing amount and include a description of the method to obtain further funding, which will be utilized to ensure that the cemetery will be adequately maintained so as not to become a public nuisance.

3.) If the application is only submitted for authorization of permitted uses under subsection (c)(2) of this section, information required by subsections 4 and 5 need not be submitted;

4.) In addition to the notice required by applicable City ordinances governing the procedure for the granting of permits required by this chapter, at least ten (10) days’ notice by mail of any hearing on the application shall be given to the Secretary of the State Cemetery Board of California.

ii. 

Action by Planning Commission or City Council.

1. In granting any permit, the Planning Commission, or, on appeal, the City Council shall review the location, design, and layout of the proposed cemetery and may condition the permit on requirements as to design, location, layout screening, and design of entrances and exits as the Planning Commission or the City Council finds reasonably necessary to protect the health, safety, and welfare of the people of the City and to protect property values and the orderly and economic development of land in the neighborhood;

2. A permit shall be denied if the Planning Commission or, on appeal, the City Council finds that:

i. The establishment or maintenance of the proposed cemetery or the extension of an existing cemetery will or may jeopardize or adversely affect the public health safety, comfort, or welfare; or

ii. The establishment, maintenance, or extension will or may reasonably be expected to be a public nuisance; or

iii. The establishment, maintenance, or extension will tend to interfere with the free movement of traffic or with the proper protection of the public through interference with the movement of police, ambulance, or fire equipment and thus interfere with the convenience of the public or the protection of the lives and the property of the public; or

iv. The applicant, through the proposed endowment fund or otherwise, cannot demonstrate adequate financial ability to establish or maintain the proposed cemetery so as to prevent the proposed cemetery from becoming a public nuisance; or

v. The proposed cemetery is not consistent with the General Plan of the City or the orderly development and growth of the City.

3. Before taking final action, the Planning Commission or, on appeal, the City Council may require of the applicant or applicants any reasonable dedication of public streets or highways through the premises proposed to be used for the cemetery or extension of an existing cemetery, so as to prevent the cemetery from jeopardizing the public safety, comfort, or welfare. If the time required by the Planning Commission or City Council for compliance with these conditions elapses before these conditions are met, the Planning Commission or City Council may deny the permit.

iii. Renewal of Application. If the Planning Commission or the City Council denies its approval of any application heretofore or hereafter made for any permit required by this section, no new or further application for a permit shall be made on the same property or any part of it, as described in the previous application, until one (1) year after the date of the denial or approval.

c. 

Uses.

1. Incidental Uses. The following uses of the premises are authorized as incidental uses in connection with the operation and maintenance of a cemetery:

i. An office building for administration of cemetery affairs;

ii. Maintenance sheds or buildings for storage of equipment and supplies used in connection with the maintenance and operation of the cemetery grounds;

iii. Greenhouse for the propagation of plants used in connection with maintenance of the cemetery grounds;

iv. Caretaker’s Residence.

2. Uses Permittable. In addition to the uses included within the definition of "cemetery" contained in Section 9.1.202(b)(22), conditional use permits may be granted, at the time of initial application or by subsequent application, pursuant to Article 13 of this chapter or Section 9.1.1602 of this Code for the following uses:

i. Crematory of Calcinatory;

ii. Mortuary;

iii. Sale of Markers;

iv. Sale of Caskets;

v. Sale of Flowers or Decorations;

vi. Manufacture and sale of liners and/or vaults.

§ 9.1.1208 Dry Cleaning Plants.

a. Intent. This section intends to identify the appropriate location of dry cleaning plants and prohibit the establishment of any new dry cleaning plants in any other zone district within the City of Oakley.

b. Definition. "Dry cleaning plants" are hereby defined as the physical part of a dry cleaning business which involves the use of chemicals to process and clean clothing, draperies and other textile products.

c. Permits. Dry cleaning plants, as defined in subsection (b) of this section, shall be conditionally permitted in the RB (Retail Business) District and permitted in the LI (Light Industrial) District. Dry cleaning plants shall not be permitted in any other zone district of the City.

d. Existing Dry Cleaning Plants. Any dry cleaning plants which are established and operating on the date of the adoption of this section are permitted to remain and are hereby deemed an existing "legal nonconforming use" subject to the provisions of Chapter 9.

§ 9.1.1210 (Reserved)

(Reserved)

(Ord. 03-23, 4/25/2023)

§ 9.1.1212 Child Care Facilities. – Reserved.

(Reserved)

§ 9.1.1214 Adult Businesses.

a. It is the purpose and intent of this section to regulate the operations of adult businesses, which tend to have judicially recognized adverse secondary effects on the community, including but not limited to increases in crime in the vicinity of adult businesses; increases in vacancies in residential areas in the vicinity of adult businesses; interference with residential property owners’ enjoyment of their properties when such properties are located in the vicinity of adult businesses as a result of increases in crime, litter, noise and vandalism; and the deterioration of neighborhoods. Special regulation of these businesses is necessary to prevent these adverse secondary effects and the blighting or degradation of the neighborhoods in the vicinity of adult businesses while at the same time protecting the First Amendment rights of those individuals who desire to own, operate, or patronize adult businesses.

b. The words and phrases used in this Section 9.1.1214 shall employ the definitions found in Section 5.9.104 of Title 5, entitled "Adult Business Licenses and Operational Regulations," unless it is clearly apparent from the context that another meaning is intended. In addition to those definitions set forth in Section 5.9.104, the following definitions shall apply to this Section 9.1.1214.

i. "PARK": A City park so designated on the General Plan or zoning map, or property actually developed by the City for park purposes, or any indoor recreational facility primarily designed and intended for use by minors.

ii. "SCHOOL": An institution of learning for minors, whether public or private, offering instruction in those courses of study required by the Cal. Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes kindergarten, elementary school, middle or junior high school, senior high school or any special institution of education but does not include a vocational or professional institution of higher education, including a community or junior college, college or university. This definition also includes a day care center, as defined in Health and Safety Code § 1596.76.

iii. "CHURCH". An institution which people regularly attend to participate in or hold religious services, meetings and related activities.

c. Adult Businesses as defined in Section 5.9.104, shall be:

i. Located exclusively in the Light Industrial (LI) zone;

ii. Distanced 1000 feet from any residentially-zoned property. The distance between the adult business and the residentially-zoned property shall be measured from the closest exterior wall of the adult business and the nearest property line included within the residential-zone, along a straight line extended between the two points, without regard to intervening structures.

iii. Distanced 1000 feet from a school, church or park, as those terms are defined in Section 9.1.1214(b). The distance between the adult use and the park shall be measured from the closest exterior wall of the adult business and the nearest property line of the school or park, along a straight line extended between the two points, without regard to intervening structures.

iv. Distanced 500 feet from any other adult business, as defined in Section 5.9.104. The distance between adult businesses shall be measured from the front door of each adult use, along a straight line extended between the two points, without regard to intervening structures.

vi. Distanced 300 feet from legal non-conforming residence which exist as the effective date of this ordinance. The distance between the adult business and the residence shall be measured from the closest exterior wall of the adult business and the nearest exterior wall of the residence, along a straight line extended between the two points, without regard to intervening structures.

d. Any person violating or causing the violation of any of these locational provisions regulating adult business shall be subject to the remedies of Section 9.1.1214(e).

e. Any person operating or causing the operation of an adult business on any parcel for which no application for an adult business regulatory license has been filed or granted, or any person violating or causing the violation of any of the locational provisions regulating adult business shall be subject to license revocation/suspension pursuant to Section 5.9.114, a fine of not more than $1,000 pursuant to Government Code sections 36900 and 36901, and any and all other civil remedies. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued. In addition, to the remedies set forth above, any violation of any of the locational provisions regulating adult businesses is hereby declared to be a public nuisance.

f. The requirements of this Section 9.1.1214 shall be in addition to any other relevant provisions of this Code.

§ 9.1.1216 Oil and Gas Drilling.

a. Objectives and Purpose. It is the intent and purpose of this Chapter to regulate the exploration for, drilling, redrilling and recovery of oil, gas and other hydrocarbons, including injection wells, so that these activities may be conducted in a manner that: i) protects public health, safety and welfare; ii) conforms with established codes and regulations; iii) minimizes the potential impact to property and mineral rights owners; iv) encourages well site consolidation; and v) protects the quality of the environment. This chapter provides local regulations for hydrocarbon development. These operations are also subject to state and federal regulations administered by those agencies.

b. Definitions. The terms set forth in this chapter shall have the meanings herein unless it is apparent from the context that a different meaning is intended.

1.

"Abandonment"

means the permanent plugging of a well and removal of all equipment related to the well, including restoration of the well site in accordance with these regulations and the requirements of the Department of Conservation, Division of Oil, Gas and Geothermal Resources of the State of California.

2.

"A.N.S.I."

means the American National Standards Institute.

3.

"A.P.I."

means the American Petroleum Institute.

4.

"A.S.T.M."

means the American Society for Testing Materials.

5.

"Blowout"

means the uncontrolled flow of gas, liquids or solids (or a mixture thereof) from a well onto the surface.

6.

"Cellar"

means an excavation in which the wellhead is located.

7.

"Completion of drilling"

operations on a well site is deemed to occur for the purpose of this code upon: (1) initiation of disassembly or removal of the drilling rig from any one well on the well site; (2) thirty days after setting of a well head on any one well on the well site; or (3) thirty days after drilling equipment has been removed from a well on a well site. Completion has not occurred if drilling, testing, or remedial operations are resumed on all wells before the end of any thirty-day period.

8.

"Derrick"

means any framework, tower or mast together with all the appurtenances to such structure placed over a well for the purpose of drilling, raising or lowering pipe, casing, tubing or other drilling, completion production or injection tools or equipment out of or into the well bore.

9.

"Desertion"

means the cessation of operations at a well where suspension of drilling operations and removal of drilling machinery has occurred or where the operator cannot be located or contacted, and no hydrocarbon development activity has taken place for at least six consecutive months, or hydrocarbon development equipment or facilities have been removed and no activity has taken place for at least two consecutive years, unless the D.O.G.G.R has granted an extension of time pursuant to D.O.G.G.R. regulations. This definition does not apply to observation wells.

10.

"Division of Oil, Gas and Geothermal Resources" or "D.O.G.G.R"

means that division of the Department of Conservation of the state of California.

11.

"Drill" or "drilling"

means to bore a hole in the earth for the purpose of completing a well, exploration or testing. Drilling includes all operations through the removal of the drilling equipment from the well site.

12.

"Dwelling"

means any building or portion thereof providing living facilities for one or more persons, including permanent provisions for sleeping, eating, cooking and sanitation, and includes both single-family and multiple-family residential facilities.

13.

"Gas"

means the gaseous components or vapors contained in or derived from petroleum or natural gas.

14.

"Grade" (adjacent ground elevation)

means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the structure and the property line or, when the property line is more than five feet from the structure, between the structure and a line five feet from the structure. Grade does not include the areas within a well cellar or other subgrade vault or chamber when used in reference to restoration of a well site to pre-existing or original grade.

15.

"Hazardous well"

means an oil or gas well that presently poses a danger to life, health, or natural resources as determined by the D.O.G.G.R under the provisions of the public resources code.

16.

"Hydrocarbon development"

means and includes oil or natural gas exploration, drilling, extraction and development, production, storage, transmission and treatment activities.

17.

"Idle well"

means a well for which production has been suspended for a minimum of five consecutive years, except any well being held for future programs, including those being retained for use under a secondary or tertiary recovery plan or for disposal, which has been approved by the D.O.G.G.R but has not been abandoned or deserted as defined in this code and by the D.O.G.G.R. This definition does not apply to observation wells.

18.

"Lessee"

means the party possessing the right(s) to drill and engage in hydrocarbon development of oil, gas or other hydrocarbons from the subsurface of land with said right(s) being specifically conveyed by written oil, gas, mineral or surface leases.

19.

"Lessor"

means the party owning an interest in and to any oil, gas or other hydrocarbons as may be produced from a tract of land who has conveyed the right(s) to drill, develop and produce said substances to another party (lessee) by a written oil, gas, mineral or surface drilling rights lease. This party may or may not be the surface owner.

20.

"Maintenance" or "maintain"

means the upgrading, repair, cleaning, upkeep and replacement of parts of a structure and equipment. Maintenance of a structure does not alter or lessen the character, strength, or stability of the structure.

21.

"N.F.P.A."

means the National Fire Protection Association.

22.

"Noise sensitive receptor"

means and includes a land use associated with human activities which is particularly sensitive to noise. Examples of noise sensitive receptors include hospitals, libraries, schools, residential uses, and those uses deemed noise sensitive by the City Council or Planning Commission.

23.

"Observation well"

means a well bore for the purpose of observing petroleum reservoir characteristics, including but not limited to, temperature, saturation, pressure, and fluid movement, as recognized by the D.O.G.G.R.

24.

"Operator"

means a person, including corporations, partnerships and associations, whether proprietor, lessee, contractor, or agent or officer of the same, in charge of or in control of the drilling, maintenance, and operation of a well or wells as shown on the permit application.

25.

"Petroleum"

means and includes any and all hydrocarbon substances found in a natural state, including but not limited to crude oil, natural gas, natural gasoline, and other related substances.

26.

"Petroleum lease"

means a property right, with respect to which a lessee enjoys the right to drill, develop, produce and possess petroleum resources for a determinable period. May also be referenced as a subsurface lease or mineral rights lease.

27.

"Public assembly"

refers to a building, structure or site, or portion thereof, for the gathering together or accommodation of fifty or more persons for such purposes of deliberation, education, worship, entertainment, lodging, medical care, amusement, drinking and dining, or awaiting transportation.

28.

"Redrilling"

means any drilling operation, including deviation from original well bore, to recomplete the well in the same or different geologic zone, excluding sidetracking.

29.

"Remedial"

means any work on a well, other than drilling or redrilling.

30.

"Reserved site"

means the land reserved in accordance with Section 9.1.1216(i)(c) as part of a rezoning, subdivision or other development for future drilling and/or hydrocarbon development operations.

31.

"Sidetracking"

means drilling that is initiated within a previously existing well bore, which then deviates from that well bore with the objective of recompleting a well in the same or different geologic zone. Sidetracking does not include drilling involving substantial deviation from the original well bore.

32.

"Sump"

means a lined or unlined, covered or uncovered excavation pit which holds petroleum or other liquids incidental thereto, or solids associated with hydrocarbon development.

33.

"Tank"

means a structure or container, with a minimum volume of sixty gallons, used in conjunction with either the drilling or production of a well used for holding, storing, or treating liquids or solids, or otherwise associated with hydrocarbon development.

34.

"Uniform Building Code" or "U.B.C."

means the most recent edition of the Uniform Building Code as adopted by the City of Oakley.

35.

"Uniform Fire Code" or "U.F.C."

means the most recent edition of the Uniform Fire Code as adopted by the City of Oakley.

36.

"Well"

means any hole drilled into the earth for the purpose of exploring for or producing oil or gas; injecting fluids or gas for stimulating oil or gas recovery; repressuring or pressure maintenance of oil or gas reservoirs; disposing of oil field waste fluids associated with hydrocarbon development; seismic testing associated with hydrocarbon development; or any hole drilled into the earth within or adjacent to an oil or gas pool for the purpose of observation of subsurface conditions.

37.

"Well servicing"

means and includes remedial or maintenance work or work performed to maintain or improve production from an already producing facility.

38.

"Well site"

means that surface area used for oil or gas drilling or extraction operations, for injection purposes in enhanced petroleum recovery operations after drilling is completed and oil and gas recovery activities following completion of drilling or redrilling of a well. A well site may include one or more wells.

c. General.

1. Hydrocarbon development, and any accessory or ancillary equipment, structure or facilities thereto, is conditionally permitted in the following zoning districts, subject to the identified development requirements. Distance shall be measured from the nearest well:

Applicable Zoning Districts	Development Requirements	Distance Requirements
(R), (M), (DR), (AL) (A-4)	Class 1 Permit (Residential/Open Space) CUP Design Review	Conditionally permitted over 150 feet from a residence. Not permitted 150 feet or less from a residence.
(C), (RB), (BP), (CR)	Class 2 Permit (Commercial) CUP Design Review	Conditionally permitted: (1) Over 150 feet from a dwelling unit (other than a caretaker or night security dwelling on the same parcel); (2) Over 150 feet from a commercial structure that provides goods or services to customers on site; (3) Over 150 feet from a place of public assembly, except a public park; Not permitted 150 feet or less from a residence, commercial structure (as described above) or place of public assembly, except a park.
(LI), (UE) (P)	Class 3 Permit (Industrial) CUP Design Review	Conditionally permitted: (1) Over 150 feet from a dwelling unit (other than a caretaker or night security dwelling on the same parcel); (2) Over 150 feet from a place of public assembly; Not permitted 150 feet or less from a residence or place of public assembly (as described above).
(LI), (UE)	Class 3 Permit CUP Design Review	Conditionally permitted: (1) Over 150 feet from a dwelling unit (other than a caretaker or night security dwelling on the same parcel); or (2) Over 150 feet from a place of public assembly except a public park; or Not permitted 150 feet or less from a residence or place of public assembly (as described above).
(P-1) (SP-1)		Permit depends on type of use specified in the preliminary or final development plan for the district. ** If the preliminary or final development plan allows for mixed use development, the MORE RESTRICTIVE class of permit shall be required.

2. If the General Plan and Zoning Ordinance conflict as related to the provisions of this Chapter, the General Plan shall control.

d. Permits Required.

1. No person shall drill or engage in hydrocarbon development without first obtaining the required conditional use permit. Applications for conditional use permits shall be made in writing to the Community Development Director pursuant to Section 9.1.1604 of this Code. Each operator that obtains a conditional use permit under this Section is required to obtain a City of Oakley business license.

2. In P-1 and SP-1 zoning districts, hydrocarbon development operations shall require the class of conditional use permit for the type of use specified in the preliminary or final development plan for the district, whichever has been adopted. If the preliminary or final development plan allows for mixed use development, the more restrictive class of permit shall be required.

e. Permit Application, Modification, Transfer, Termination, Revocation and Exemption.

1. Hydrocarbon development may not commence until a conditional use permit is granted. A conditional use permit may include requirements and limitations in addition to those set forth in this Chapter. Any condition set forth in the development regulations or imposed by this Chapter and conditions of the conditional use permit, may be modified at the request of the permit applicant or holder of the conditional use permit as long as there is no material detriment to the public health, welfare or safety of persons and property located within a reasonable distance of such a well. The permit applicant or holder of the conditional use permit shall present evidence in support of any modification to any development regulation or condition imposed by this Chapter. City may contract with experts and other professionals to review any requested modifications. The applicant or holder shall bear all costs related to the City’s contracting for such review as part of the application.

2. 

An applicant for a conditional use permit shall, in the required CUP application, provide an estimate of the expected productive life of the well site. An applicant may apply for a CUP up to the total estimated productive life of the well site; the CUP may only be granted for that term. The applicant may thereafter apply for an unlimited number of one-year extensions.

i. The Community Development Director may administratively approve such extensions as long as the applicant has complied with the conditions of the CUP and the provisions of this Chapter.

ii. The Community Development Director may refer the extension request to the Planning Commission if the Community Development Director has recorded any violations of the CUP or to the provisions of this chapter. The Planning Commission or Community Development Director may grant an extension request if satisfied that the applicant has corrected all recorded violations and agrees in writing to make a good-faith effort to avoid and correct any future violations.

3. 

In addition to the application requirements for a conditional use permit pursuant to the Zoning Code and this Chapter, an applicant shall also submit the following:

a. A plot plan or site development plan drawn at the scale specified by the Community Development Director which includes the following information:

i. Topography and proposed grading.

ii. Location of all proposed well holes and related accessory equipment, structures, and facilities to be installed and any abandoned wells if such are known to exist.

iii. Location of all existing dwellings and buildings used for other purposes, located within three hundred feet of the proposed well holes, identification of the use of each structure, and distances between well holes and existing buildings.

iv. North arrow.

b. A narrative description of the proposed development, including:

i. Acreage or square footage of the property.

ii. Nature of hydrocarbon development activity.

iii. Description of equipment to be used, including height of derrick and screening.

iv. Distance to all existing buildings.

v. Phasing or development schedule.

vi. Security and emergency response provisions.

vii. Information regarding emergency service personnel training requirements

viii. Insurance provisions, including performance bond or other surety to ensure the site is returned to its pre-drilling state.

ix. Description of possible odors, noise, or traffic characteristics related to the well site.

c. A copy of the letter, or other official documentation, from D.O.G.G.R. containing the name and address of the operator of record as shown in D.O.G.G.R. records as of thirty days prior to the date the conditional use permit application is submitted to the Community Development Director or a written statement from D.O.G.G.R. that there is no party of record with D.O.G.G.R. relative to the subject site.

d. A local contact with authority to represent the company for the operator of record or mineral rights holder for hydrocarbon development activities, if applicable.

e. Additional information, conditions and restrictions may be required as part of an application for a Conditional Use Permit, as provided by this Chapter, the Community Development Director, the City Engineer and/or the Planning Commission.

4. Notice of the public hearing shall be expanded to include property owners within three hundred feet of the property line on which the well site and/or reserved site that is the subject of the hearing, the operator of record as shown in D.O.G.G.R. records, and the local contact for hydrocarbon development activities (if applicable).

5. If hydrocardon operations are not commenced within one year from the date of issuance of the conditional use permit, or within any extended period thereof, or if the permitted activities are not continuously conducted thereafter, the conditional use permit shall be void, unless extended. No permit shall expire while the permittee is continuously conducting drilling, redrilling, completing or abandoning operations, or related operations, in a well on the lands covered by such permit, where operations were commenced while said permit was otherwise in effect. Continuous operations are operations suspended not more than thirty consecutive days. If operations are discontinued the permit is void, and the permittee must apply for a new permit, unless the Community Development Director, upon a written request of the permittee, extends the permit for the additional time requested by the permittee for the completion of such drilling program or hydrocarbon development.

6. The owner or operator of any well permitted by this Chapter shall provide the Community Development Director, or designee, a copy of the written notice to the D.O.G.G.R. of the sale, assignment, transfer, conveyance, or exchange by the owner or operator of the well within thirty days after the sale, assignment, transfer, conveyance, or exchange. In addition, the owner or operator shall also acknowledge that they have notified the new owner or operator of all existing terms and conditions of the City’s permit.

7. The Community Development Director, may, in writing, suspend or revoke a permit issued under the provisions of this Chapter whenever the permit is issued in error on the basis of incorrect information supplied by the applicant that results in there being a violation of any ordinance or regulation or any of the provisions of this Chapter.

8. Any City official or employee, for the purpose of reviewing a permit application, transfer of operation/ownership, complaint, compliance or any other investigation pursuant to this Chapter, shall have the right to enter upon the premises for inspection provided they give prior notice of such to the operator.

9. Well sites and hydrocarbon development activities established prior to the effective date of this ordinance may continue to operate pursuant to permits issued for them, and shall be exempt from the new provisions of this Chapter unless the use loses its legal nonconforming status under Chapter 9 of the City’s Zoning Ordinance. In that case, new permits shall be required, as provided for in this Chapter.

10. The City may impose fees to offset the costs associated with permit processing and condition monitoring.

11. 

Attainment of permits pursuant to this Chapter does not relieve the applicant of the responsibility in obtaining permits as required by law from other local, State or Federal agencies. All required Federal, State, County, and City rules and regulations shall be complied with at all times including, but not limited to, the rules and regulations of the following agencies:

a. Division of Oil, Gas and Geothermal Resources;

b. East County Fire District;

c. Contra Costa County Health Department;

d. Regional Water Quality Control Board;

e. Bay Area Air Quality Management District.

f. Permit Development Regulations

f. Permit Development Regulations.

1. 

Class 3 Permits-Development Regulations.

i. Setbacks. All distances to and from any setback shall be measured from the nearest well. No well shall be drilled nor shall any storage tank and other production related structures be located within:

a. Fifty feet of the right-of-way of any dedicated public street, highway, railroad or private street, or adopted specific plan line of any street or highway;

b. One hundred and fifty feet of any occupied building including dwellings, except buildings incidental to the operation of the well;

c. Twenty-five feet of a storage tank or boilers, fired heaters, open flame devices or other sources of ignition pursuant to the U.F.C.

d. Fifty feet of park area that is open and accessible to the public.

ii. Fire Safety. All drilling and hydrocarbon development activities shall be subject to all fire and safety regulations as required by the City Engineer, or designee, pursuant to the U.F.C. Blowouts, fires, explosions and other life threatening or environmental emergencies shall be reported immediately to the City Engineer, or designee, and D.O.G.G.R.

iii. Division of Oil and Gas and Geothermal Resources. All hydrocarbon development shall be subject to D.O.G.G.R. regulations.

iv. Production and Operations. For producing well sites, only storage of hydrocarbon production, vapor recovery on storage vessels, dehydration and separation of produced hydrocarbon products and other processes associated with production are permitted unless otherwise required by the D.O.G.G.R. All derricks, boilers, and other drilling equipment employed, pursuant to the provisions of this Chapter, to drill any well hole or to repair, clean out, deepen, or redrill any completed well shall be removed within ninety days after completion of production tests following completion of such drilling or after abandonment of any well, unless such derricks, boilers, and drilling equipment are to be used within a reasonable time, as determined by the City Engineer, or designee, for the drilling of another approved well(s) on the premises.

v. Signs. Signs relating to hydrocarbon development shall be limited to directional and warning signs, and signs for identification of wells and facilities as required by the U.F.C. and D.O.G.G.R. to ensure employee and public safety.

vi. Sanitary Facilities. Sanitary toilet and washing facilities shall be installed and maintained at any well site and/or hydrocarbon development operation where personnel are stationed pursuant to the County of Contra Costa Health Department.

vii. Equipment Storage. There shall be no storage at the well site of material, equipment, machinery or vehicles which is not intended for prompt use in connection with hydrocarbon development. Any equipment or machinery not used for a consecutive period of more than sixty days shall be removed from the site unless a longer period is approved by the City Engineer, or designee, or the zoning district in which it is located permits such storage.

viii. Derricks. Drilling derricks, if idle for a consecutive period of more than sixty days, shall be lowered and removed from the site unless a longer period is approved by the City Engineer, or designee. Any derrick used for servicing operations shall be of the portable type, unless proof is provided that the well is of such depth or has some other characteristics such that a portable type derrick will not properly service such well. In that instance, the City Engineer, or designee, may approve the use of a standard type of derrick.

ix. Grading and Drainage. Unless otherwise required by the State Department of Fish and Game or the U.S. Fish and Wildlife Service for those areas that they deem environmentally sensitive, well sites, including vehicle parking and maneuvering areas, shall be graded in a manner so that ponding will not occur. Normal wetting or other dust control procedures shall be employed throughout the grading period to control dust. Upon completion of grading, the site shall be compacted and all graded surfaces either paved, covered with gravel of aggregate base, treated with a dust binder, or other method approved by the City Engineer. The Regional Water Quality Control Board may have some jurisdiction relative to drainage and water quality.

x. Waste. Drainage containing drilling muds, cuttings, wastewater, waste oil, grease and other oilfield wastes found to be hazardous associated with drilling and/or hydrocarbon development including servicing, shall not be discharged into or upon any streets, canals, storm drains or flood control channels. These wastes shall be contained in leak-proof containers, or other method as approved by the State Regional Water Quality Control Board, to prevent contamination of potable groundwater supplies and storm drainage waters. Waste areas shall be cleaned at intervals as required by the City Engineer with all wastes disposed of at an appropriate authorized disposal site as regulated by the state of California. Facilities for disposal of nonhazardous oilfield liquid waste, production water and USEPA Class II wastes are considered an accessory facility only if the facility complies with the following:

a. The nonhazardous oilfield liquid waste or production water is produced and disposed of within the same designated oilfield; or

b. The nonhazardous oilfield liquid waste or production water disposed of outside the designated oilfield of origin is produced by and disposed of solely and only by the same individual, corporation, or entity.

xi. Light and Glare. Lighting shall be limited to that necessary for safety and security purposes and shall be directed away from adjacent properties and road rights-of-way. All flares shall be shielded from adjacent properties and road rights-of-way.

xii. Blowouts. Protection against blowouts shall be provided in accordance with the D.O.G.G.R. and U.F.C.

xiii. Storage Tanks. Storage tanks shall be in accordance with the D.O.G.G.R. and U.F.C. Whenever oil or gas is produced into and shipped from tanks located on the premises, such tanks shall be adequately screened as specified in the approval of the conditional use permit and the requirements of D.O.G.G.R.

xiv. Height. The height of all pumping units, excluding derricks, shall not exceed a height of thirty-five feet. All other structures shall be regulated by the zoning district in which they are located. All heights of structures shall comply with Part 77 of the Federal Aviation Regulations of the Federal Aviation Administration, Department of Transportation, or any corresponding rules or regulations of the Federal Aviation Administration, as amended.

xv. Site Condition. The well site and all associated structures shall be maintained in a neat and clean condition at all times. Proven technological improvements generally accepted and used in drilling and hydrocarbon development shall be employed as they become available if they are cost effective in reducing nuisances or annoyances. Pumping units and storage tanks shall be painted. Pumping wells shall be operated by electric motors or muffled internal combustion engines. Structures shall be screened as specified in the approval of the conditional use permit.

xvi. Air Quality. Flaring, venting and odor control shall be subject to the regulations of the Bay Area Air Quality Management District, D.O.G.G.R. and U.F.C.

xvii. Building Permits. Building permits, as required by the City building official, shall be secured for all permanent structures to be used in connection with the production and processing of hydrocarbon or related substances in conformance with the U.B.C. Electrical permits shall be required for all electrical connections for drilling and/or pumping units if electrical motors are utilized.

xviii. Vibration. Vibration from equipment shall not create a nuisance or hazard to nearby land uses.

xix. Site Restoration. Site restoration shall commence within ninety days upon completion of all hydrocarbon development activities or upon abandonment of the well site.

a. Before final abandonment, all hydrocarbon development equipment shall be removed from the site. Fences shall be dismantled, all signage removed, and the site regraded so as to break up impermeable surfaces and to restore the site as nearly as practicable to a uniform grade. Waste cleanup shall be to the satisfaction of the Contra Costa County Department of Environmental Health and other regulatory agencies of jurisdiction. The site shall be restored to the surrounding condition, or to the satisfaction of the State Department of Fish and Game or U.S. Fish and Wildlife Service for those areas that they deem environmentally sensitive. Site restoration activities shall be completed within ninety days of commencement. Failure of permittee to comply with the site restoration within a period of ninety days following the termination of any oil or gas exploration activity shall be called to the attention of the permittee by a registered letter addressed to permittee at the permittee’s address as shown on the permit application. If, at the end of thirty days after mailing of such letter no steps have been taken to comply with said provisions of this section, the City shall proceed to effect said restoration. Permittee shall be liable for all costs incurred by the City and no additional permit shall be issued to a permittee until payment of all costs has been made. The City may recover such costs by filing a lien on the property.

b. Well abandonment will be conducted in accordance with the regulations of the D.O.G.G.R. To the extent D.O.G.G.R. regulations do not address specific issue or conflict with Section 9.1.1216(f)(xix)(a) of this Code related to site restoration after well abandonment, the requirements of Section 9.1.1216(f)(xix)(a) shall apply.

xx. Floodplain Development. The City Engineer, or designee, shall coordinate with the City building official to ensure wells drilled in the primary or secondary floodplain are consistent with the City’s involvement in the National Flood Insurance Program and with the requirements of the State Department of Water Resources and Regional Water Quality Control Board.

xxi. Vehicles. All vehicle parking and maneuvering areas shall be treated and maintained with a dust reducing material consistent with regulations of the Bay Area Air Quality Management District and to the satisfaction of the City Engineer.

xxii. Design Guidelines. Screening and landscaping shall be installed as specified in the approval of the conditional use permit and the D.O.G.G.R.

2. 

Class 2 Permits-Development Regulations.

a. Class 3 Requirements. In addition to the following development regulations, Class 3 permit development regulations set forth in Section 9.1.1216(d)(1) shall apply to all Class 2 permits.

b. Frontage Improvements. Hydrocarbon development subject to a Class 2 permit shall comply with the requirements of Chapter 6.3 of the City of Oakley Municipal Code.

c. Noise. Noise levels from any hydrocarbon development activities shall not exceed sixty-five dB(A) CNEL at the property line of a noise sensitive receptor, except in a case of emergency. Exterior noise levels generated by hydrocarbon development shall be monitored as required by the City building official to ensure conformance to the noise level standards. The costs of such monitoring shall be borne by the operator conducting such operation. Records of the results of monitoring shall be maintained and provided to the City building official upon request.

d. Pipelines. Pipelines utilized for all hydrocarbon development operations shall be buried a minimum of three feet below grade.

e. Design Guidelines. Screening and landscaping shall be installed as specified in the approval of the conditional use permit and per the D.O.G.G.R.

3. 

Class 1 Permits-Development Regulations.

a. Class 3 Requirements. In addition to the following development regulations, Class 3 permit development regulations set forth in Section 9.1.1216(d)(1) shall apply to all Class 1 permits.

b. Design Guidelines. Screening and landscaping shall be installed as specified in the approval of the conditional use permit and per the D.O.G.G.R.

c. Frontage Improvements. Hydrocarbon development operations subject to a Class 1 permit shall comply with the requirements of Chapter 6.3 of the City of Oakley Municipal Code.

d. Vehicle Routes. Vehicles associated with hydrocarbon development in excess of three tons shall be restricted to those public roads specified by the City Engineer. The City Engineer, upon designating such roads, shall consider the property owner and mineral rights owners’ plans and agreements that may already designate which roads shall be used hydrocarbon development operations.

e. Noise. No hydrocarbon development operations shall produce noise at the property line of a noise sensitive receptor in excess of the following standards, with respect to these basic reference levels:

Basic Reference Levels	dB(A)
7:30 a.m. to 5 p.m.	55 dB(A)
5 p.m. to 7:30 a.m.	50 dB(A)

i. Noise measurements and acoustical analysis shall be conducted by a qualified acoustical consultant experienced in the fields of environmental noise assessment and architectural acoustics. All costs associated with said measurements and analysis shall be borne by the permittee. Frequency of monitoring shall be determined by the Planning Commission.

ii. All parts of a derrick above the derrick floor including the elevated portion thereof used as a hoist shall be enclosed with fire-resistive soundproofing material. Such soundproofing shall comply with accepted A.P.I. standards and shall be subject to fire district regulations. All doors and similar openings shall be kept closed during drilling operations, except for ingress and egress and necessary logging, testing and well completion operations. Alternative materials or methods of soundproofing may be used, provided that such alternatives have been approved by the Planning Commission. The Planning Commission may approve any such alternative if they find that the proposed material and method have equal sound proofing properties and fire resistive qualities to the aforesaid specifications. The Planning Commission may require the submission of evidence to substantiate any claims that may be made regarding the use of such alternatives.

f. Pipelines. Pipelines utilized for all hydrocarbon development operations shall be buried a minimum of three (3) feet below grade.

g. Abandoned and Idle Wells.

1. Abandoned Wells. The surface area of a well site shall be returned to its natural condition including but not limited to cleaning all oil, oil residues, drilling fluids, muds and other substances; leveling, grading or filling of sumps, ditches, and cellars including removal of all lining materials to the satisfaction of the D.O.G.G.R. The permittee shall also be responsible for repairing any streets, sidewalks or other public property that may have been damaged in connection with any operation on the site, except for ordinary wear and tear of said improvements, to substantially the same or better condition as existed before operations commenced as determined by the City Engineer.

2. Idle Wells. Whenever a well becomes idle as defined in this Chapter, the City Engineer, or designee, shall send notice thereof by registered mail, to the surface owner, mineral rights owner and lessee of land as shown on the latest equalized assessment roll of the county, and permittee, that a request to abandon the well will be sent to the D.O.G.G.R. unless operations are resumed or that the operator provides verification that the well is under the D.O.G.G.R.’s idle well program. If there is no response to said notice within ninety days of the receipt of the notice, or the extension of time expires, the City Engineer, or designee, shall request the D.O.G.G.R. to commence abandonment proceedings.

3. Deserted Wells. As defined in this chapter, the City Engineer, or designee, may request that the D.O.G.G.R. commence abandonment proceedings.

h. Filing Subdivision Maps.

Every person submitting a tentative or parcel map shall also submit two (2) sets of postage prepaid unsealed envelopes addressed to all mineral owners and lessees of record appearing on the title report, as shown in the D.O.G.G.R. records as operator of, who have not waived their right of surface entry underlying the subdivision. The applicant shall submit a copy of the letter from D.O.G.G.R. identifying the operator of record, if any, with the subdivision application. The letter from D.O.G.G.R. shall be dated no more than 30 days prior to the subdivision application submitted and shall list said name of operator of record and their addresses as shown in D.O.G.G.R.’s records or a written statement from D.O.G.G.R. that there is no party of record with D.O.G.G.R. relative to the site. The City may use all materials and information submitted with the tentative or parcel map application to notify any and all owners and lessees of existing mineral rights, and/or all oil/gas drilling, and/or production activities within the area proposed to be subdivided, of the tentative or parcel map application.

i. 

Development encroachment in petroleum areas.

1.) On-Site Petroleum Facilities. If a developer proposes to subdivide, rezone or otherwise develop property that contains existing hydrocarbon development operations including disposal wells, the developer shall provide a plan showing how all existing hydrocarbon development related facilities will be protected and integrated into the proposed development. The developer shall provide a written response from the existing operator of record as shown in D.O.G.G.R. records or local contact with authority to represent the company for the operator of record or mineral rights holder for hydrocarbon development regarding the submittal of the application. If an existing operator of record as shown in D.O.G.G.R. records or local contact with authority to represent the company for the operator of record or mineral rights holder for hydrocarbon development fails to provide a written response within 90 days from the date of a certified notice requesting the same, the developer may provide its good faith efforts to obtain a written response. The proposed subdivision map, rezoning application, development plan, and/or other application materials shall show an existing or a reserved site. The City may approve a subdivision that encroaches into setbacks provided for in Section 9.1.1216(f) or distance requirements provided for in Section 9.1.1216(c) if the subdivision includes a phasing plan to coordinate the occupancy of units with the cessation of hydrocarbon development operations and abandonment of the wells. Any buildable lot containing an area which may not be built upon because of development standard compliance of the hydrocarbon development facilities shall be encumbered by the developer with a deed restriction specifying the area so encumbered and identifying the name and location of the well causing the encumbrance. If a final map is required, the subdivider shall record a covenant affecting all real property within the subdivision of the petroleum facilities. Said covenant shall disclose the existence and location of the hydrocarbon development facilities. The encumbrance or covenant shall be approved by the City Attorney prior to recordation. The covenant shall be recorded concurrently with the final map.

2.) Abandoned Wells. Tentative maps, planned development and other development plans submitted to the City shall show the location of all wells drilled on the property. Prior to development of an area, any well shown as abandoned shall be accompanied by written verification from the D.O.G.G.R. that the well was properly abandoned pursuant to their regulations. Any well thereafter abandoned shall also be accompanied by written verification from the D.O.G.G.R. Development shall be designed such that the City building official is satisfied that no structure will be built within ten feet of any well that has been properly abandoned pursuant to D.O.G.G.R. requirements. Any lot or parcel containing an abandoned well shall be encumbered with a deed restriction specifying the exact location of such well and any restrictions or limitations related to future construction on said lot or parcel. Said encumbrance shall run with the land and be approved by the City Attorney prior to recordation. If a final map is required, said encumbrance shall be recorded concurrent with the final map. The D.O.G.G.R., at their discretion, may also require that any abandoned well be uncovered, tested for leakage, require remedial work on leaking wells, and accurately located on the final map before said map is recorded.

3.) Reserved Site. Lands may be reserved as part of a rezoning, subdivision or other development for future hydrocarbon development operations as reserved sites. Such sites shall be no less than two net acres in size and have a minimum lot frontage and width of three hundred feet and configured so that the proposed development and hydrocarbon development activities can be adequately buffered from one another. Development plans shall provide for adequate ingress and egress and shall be accompanied with a plan of the ultimate use of the site after abandonment or decision not to pursue hydrocarbon development operations. If a final map is required, the subdivider shall record a covenant disclosing the existence and location of the drilling site. Said covenant shall be recorded to affect all real property within the subdivision. Said covenant shall be approved by the City Attorney and recorded concurrent with the final map. Future hydrocarbon development operations shall be required to acquire necessary permits as well as satisfy all well site development standards pursuant to this chapter.

j. Fees; Terms. All applications for permits under the provisions of this Chapter shall be accompanied by an application fee. No application fee paid under this Chapter shall be refunded. All original permits and renewals granted under this Chapter shall also require a fee. All permits issued under the provisions of this chapter shall be valid for one year, unless the applicant specifies the expected period of use, to which the applicant shall apply for a permit for up to that term. The Planning Commission may grant a CUP for that term. The applicant may thereafter apply for an unlimited number of one-year extensions. The Community Development Director, in consultation with the City Engineer, may administratively approve such extensions as long as the applicant has complied with the conditions of the CUP and the provisions of this chapter. If the Community Development Director or City Engineer has recorded any violations of the CUP of the provisions of this Chapter, the Community Development Director may refer the extension request to the Planning Commission. The Planning Commission or Community Development Director may grant an extension request if satisfied that the applicant has corrected all recorded violations and will make a good-faith effort to avoid and correct any future violations.

k. 

Penalties and Enforcement.

1.) It shall be the duty of the City Engineer and Building Official to enforce the provisions of this chapter.

2.) Any structure erected or maintained or any use of property contrary to the provisions of this chapter shall be, and the same is, unlawful and a public nuisance, and the City Engineer, or Building Official, in conjunction with the City Attorney shall immediately commence actions and proceedings for the abatement, removal and enjoinment thereof in the manner provided by law. Violators will be liable for all enforcement costs incurred by the City.

3.) This chapter may also be enforced by injunction issued out of Superior Court upon suit of the City, or the owner or occupant of any real property affected by such violation.

4.) Every person who engages in hydrocarbon development in violation of any of the provisions of this Chapter shall be guilty of a misdemeanor or punishable by a fine of not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail for a period of not more than six (6) months, or by both such fine and imprisonment. Each day of violation of any of the provisions of this chapter shall be considered to be a separate offense.

5.) Permits issued in conflict with the provisions of this chapter shall be null and void.

6.) Penalties specified in this section are not exclusive.

l. Suspension. Whenever it is shown that any person to whom a permit has been issued has violated any of the provisions of this article, the Community Development Director shall immediately suspend the permit and give the permit holder a written notice in person or by mail of the suspension. The notice must contain a statement of the facts upon which the Community Development Director has acted in suspending the permit. The notice must contain a statement of the appeal procedure contained in the City of Oakley Zoning Code.

§ 9.1.1218 Single Room Occupancy.

a. It is the purpose and intent of this section to regulate the development and operation of single room occupancy land uses. Single room occupancy units provide housing opportunities for lower-income individuals, persons with disabilities, the elderly and formerly homeless individuals.

b. The following definition shall apply to this section.

1)

"Single Room Occupancy"

shall mean a facility providing dwelling units where each unit has a minimum floor area of one hundred fifty (150) square feet and a maximum floor area of two hundred twenty (220) square feet. These dwelling units may have kitchen or bathroom facilities and shall be offered on a monthly basis or longer.

c. Single room occupancy units as defined in subsection (b)(1) of this section shall be:

1) Located exclusively in the General Commercial (C) Zone District with the approval of a Conditional Use Permit in accordance with Section 9.1.1602. An application pursuant to this section shall be processed concurrently with any other application(s) required for housing development. Final approval or disapproval of an application shall be made by the City Council.

d. The following development standards shall be used in conjunction with the General Commercial (C) Zone District standards for any single room occupancy development. In addition, the application for a single room occupancy project shall also comply with Section 9.1.1604.

1) Unit Size. The minimum size of a unit shall be one hundred fifty (150) square feet and the maximum size shall be three hundred fifty (350) square feet, which may include bathroom and/or kitchen facilities.

2) Occupancy. An SRO unit shall accommodate a maximum of two persons.

3) Common Area. A minimum of ten (10) square feet for each unit or two hundred fifty (250) square feet, whichever is greater, shall be provided for a common area. All common area shall be within the structure. Dining rooms, meeting rooms, recreational rooms, or other similar areas approved by the Community Development Director may be considered common areas. Shared bathrooms, kitchens, janitorial storage, laundry facilities, and common hallways shall not be considered as common areas.

4) Kitchen Facilities. An SRO is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator and a stove, range top or oven. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one kitchen per floor.

5) Bathroom Facilities. For each unit a private toilet and sink in an enclosed compartment with a door shall be provided. This compartment shall be a minimum of fifteen (15) square feet. If private bathing facilities are not provided for each unit, shared shower or bathtub facilities shall be provided in accordance with the most recent edition of the California Building Code for congregate residences with at least one full bathroom per every three units on a floor. The shared shower or bathtub facility shall be accessible from a common area or hallway. Each shared shower or bathtub facility shall be provided with an interior lockable door.

6) Closet. Each SRO shall have a separate closet.

7) Laundry Facilities. Laundry facilities shall be provided in a separate room at the ratio of one washer and dryer for every ten (10) units, with at least one washer and dryer per floor.

8) Cleaning Supply Room. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor.

9) Code Compliance. SRO units shall comply with all requirements of the California Building Code.

10) Accessibility. All SRO units shall comply with all applicable ADA accessibility and adaptability requirements. All common areas shall be fully accessible.

11) Tenancy. Tenancy of an SRO shall be a minimum of thirty (30) days.

12) Management. A management plan shall be submitted with the development application for an SRO facility and shall be approved by the City Council. The management plan must address management and operation of the facility, rental procedures, safety and security of the residents and building maintenance. A twenty-four (24) hour resident manager shall be provided for any single room occupancy use with ten (10) or more units. An on-site manager’s office shall be provided for any SRO facility with nine or less units.

13) Parking. Parking shall be provided for an SRO facility at a rate of one parking space per unit plus an additional two spaces for the resident manager.

(Ord. 13-10, 9/14/2010)

§ 9.1.1220 Pawnbrokers and Secondhand Dealers.

a. It is the purpose of these regulations to establish specific standards for pawnbroker, secondhand stores and businesses which purchase and sell secondhand tangible personal property incidental to their primary business (such as a jewelry store which purchases gold/jewelry) to ensure that such businesses are appropriately located and operated so as to not pose a significant threat to the public health, safety, and welfare by curtailing the dissemination of stolen property and facilitating the recovery of stolen property.

b. The following definitions shall apply to this section:

1)

"Pawnbroker"

is every person engaged in the business of receiving goods, including motor vehicles, in pledge as security for a loan pursuant to Section 21000 of the Financial Code, as amended from time to time.

2)

"Secondhand Dealer"

shall include any person, firm, or corporation whose business includes buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning or auctioning secondhand tangible personal property pursuant to Section 21626 of the Business and Professions Code, as amended from time to time.

3)

"Tangible personal property"

means all secondhand property including but not limited to: clothing, jewelry, personal property which bears a serial number or personalized initials or inscription which is purchased by a secondhand dealer or pawnbroker; or which at the time it is acquired by the pawnbroker or secondhand dealer bears evidence of having had a serial number or personalized initials or inscription. Tangible personal property also includes new or used motor vehicles received in pledge as security for a loan by a pawnbroker. Tangible personal property does not include new goods or merchandise purchased from a bona fide manufacturer or distributor or wholesaler of such new goods or merchandise, or coins, monetized bullion, or commercial grade ingots of precious metals.

c. Pawnbrokers and secondhand dealers as defined in subsections (b)(1) and (2) of this section shall be allowed in the following zone districts as follows:

1) Pawnbrokers shall be located exclusively in the General Commercial (C) Zone District, specifically on properties located along Main Street, west of Empire Avenue, with the approval of a conditional use permit in accordance with Section 9.1.1602. Final approval or disapproval of a conditional use permit application shall be made by the City Council.

a) Pawnbrokers shall not abut any residentially zoned property.

b) Pawnbrokers shall maintain a distance of one thousand five hundred (1,500) feet from a school, daycare, church or park.

c) Pawnbrokers shall maintain a distance of one thousand five hundred (1,500) feet from any other pawnbroker, as defined in this section.

d) The distances as described above shall be measured from the front door of each use, along a straight line extended between the two points, without regard to intervening structures.

2) Secondhand dealers shall be located exclusively in the Retail Business (RB) and General Commercial (C) Zone Districts subject to a Zoning Administrator approval in accordance with Section 2.4.008.

d. No new pawnbroker, secondhand store, or business which purchases and/or sells secondhand tangible personal property shall be established unless a permit has first been obtained pursuant to Section 9.1.1602 in regards to pawnbrokers and Section 2.4.008 in regards to secondhand dealers.

e. Pawnbrokers, secondhand dealers or businesses which purchase secondhand tangible personal property shall comply with the following development standards:

1) Comply with all applicable local, State, and Federal laws.

2) No person shall obtain a conditional use permit for a pawnbroker, or Zoning Administrator approval for a secondhand dealer or business which purchases secondhand tangible personal property, unless that person first or concurrently obtains a pawnbroker’s/secondhand dealer’s permit under Chapter 5.12.

3) Hours of Operation. No pawnbroker or secondhand dealer, nor any employee thereof, shall accept any pledge, or loan any money for personal property, or purchase or receive any goods, wares or merchandise, or any article or thing, or in any manner whatsoever engage in or conduct business as a pawnbroker or secondhand dealer between the hours of 7:00 p.m. of any day and 7:00 a.m. of the following day. Businesses which purchase secondhand tangible personal property shall not engage in such activity between the hours of 7:00 p.m. of any day and 7:00 a.m. of the following day.

4) The applicant shall submit a detailed security plan which describes the proposed interior and exterior security measures applicable to the proposed business. The plan shall address issues such as safes to be installed, alarm systems, deployment of any security personnel, funds transportation measures, hours of operation, shift personnel staffing, CCTV applications, type of loss prevention/crime prevention training provided to employees and any other applicable measures.

5) The applicant shall keep a photographed inventory (either digital or hard copy) of all nonserialized tangible property. These records shall be made available at any time to the Oakley Police Department.

6) The establishment shall not engage in any transaction from the following person:

a) Any person under eighteen (18) years of age; or

b) Any person who the licensee knows or has reason to believe has been convicted of burglary, robbery, felony theft, or theft by receiving; or

c) Any person who appears to be under the influence of alcohol or any controlled substance, as defined in state law.

7) The cashier area shall be equipped with a CCTV/Security System with digital recording, playback capability and single image retrieval to aid in criminal apprehension. The recorder should be housed in a secure room away from the cash register/counter area. Recording field should include the cash register area, customer counter area and as a customer is entering/exiting the establishment. Camera(s) focused on the entry/exit should be mounted and angled to capture customers’ faces. Camera(s) should be used in conjunction with public view monitor(s) to create public awareness that a video surveillance system is in place and to discourage criminal acts. Recordings shall be maintained for minimum of ninety (90) days.

8) The cashier area shall be equipped with a telephone.

9) The business windows shall not be tinted or obscured in any way, including by temporary or painted window signs, and the interior lighting of the business from the exterior of the business shall remain at adequate levels to clearly see into the business from the exterior of the business.

10) A sign shall be posted in the front of the business indicating that no loitering is permitted per the Oakley Municipal Code.

11) Storage rooms, including roof access doors, maintenance, mechanical, electrical, and other room doors that contain property that may be susceptible to theft, shall be covered by a silent intrusion alarm system. These systems may terminate at the front desk.

12) Any office or room where funds are counted should have a solid core door with a minimum thickness of one and three-quarters inches and should be secured by a deadbolt lock with a minimum throw of one inch.

13) Any delivery and/or receiving door(s) shall be equipped with a peephole/vision panel and a delivery notification system.

14) The premises, while open or closed for business after dark, must be sufficiently lighted by use of interior night-lights.

15) Window signage shall be limited to no more than thirty percent (30%) coverage of window area provided visibility into the building is maintained as stated in Section 9.5.110(a)(11).

f. Any pawnbroker, secondhand store, or business which purchases or sells secondhand tangible personal property legally in existence as of the effective date of the ordinance codified in this section shall have one year in which to bring the business into compliance with this section.

(Ord. 08-12, 9/11/2012)

§ 9.1.1222 Parole/Probationer Homes.

a. The purpose of regulating parole/probationer homes is to ensure compatibility of such uses with surrounding uses and properties and to avoid or minimize any adverse impacts associated with such uses.

b. "Parole/Probationer Home" means any residential structure or unit, including any hotel or motel except as provided herein, whether owned and/or operated by an individual or for-profit or non-profit entity, that houses two or more parolees/probationers, unrelated by blood or marriage, or legal adoption, in exchange for monetary or non-monetary consideration given and/or paid by the parolee/probationer and/or any individual or public/private entity on behalf of the parolee/probationer, excluding parolees/probationers who reside in an alcohol and/or drug-free recovery home. Notwithstanding this definition or any other provision of the Oakley Municipal Code, hotels and motels with fourteen (14) rooms or less cannot provide transient lodging services or accommodations to more than three parolees during any thirty (30) consecutive-day period regardless of the length of their respective stays; and hotels and motels with fifteen (15) rooms or more cannot provide transient lodging services or accommodation to more than five parolees during any thirty (30) consecutive-day period regardless of the length of their respective stays.

"Parolee/Probationer" means an individual as follows:

1) Convicted of a federal crime, sentenced to a United States federal prison, and received conditional and revocable release in the community under the supervision of a federal probation/parole officer; or

2) Serving a period of supervised community custody as defined by State Penal Code Section 3000 following a term of imprisonment in a State prison or County jail, and is under the jurisdiction of the California Department of Corrections, Division of Adult Parole Operations; or

3) An adult or juvenile sentenced to a term in the California Youth Authority and received conditional and revocable release in the community under the supervision of a Youth Authority parole officer; or

4) An adult or juvenile offender released from County jail or State prison after October 1, 2011, on post release community supervision.

c. Applications for a required conditional use permit to operate a parolee/probationer home shall include at least the following information:

1) Client profile (the subgroup of the population that the facility is intended to serve, i.e., single men, families, etc.);

2) Maximum number of occupants and hours of facility operation;

3) Term of client stay;

4) Support services to be provided on site and projected staffing levels; and

5) Rules of conduct and/or management plan.

d. Site location standards for issuance of the required permit shall be as follows:

1) The use shall be permitted only in the M-9 and M-12 zoning districts;

2) The use shall be generally compatible with surrounding uses;

3) Establishment of the facility is not likely to result in harm to the health, safety or general welfare of the surrounding neighborhood;

4) The facility is located along or near a major arterial with ready access to public transportation;

5) The facility will be accessible to necessary support services;

6) To avoid over-concentration of parolee/probationer homes, there shall be a five thousand (5,000) foot separation between such homes as measured from the nearest outside building walls between the subject use and any other parolee/probationer housing;

7) A parolee/probationer home shall not be located within one thousand (1,000) feet of any other group housing, assisting living facility, a public or private school (pre-school through twelfth grade), day care home, public park, library, business licensed for on- or off-site sales of alcoholic beverages, emergency shelter, supportive housing or transitional housing as measured from any point on the outside walls of the parolee/probationer housing.

e. Operation and development standards shall be as follows:

1) Sufficient on-site parking shall be provided. The precise number of parking spaces required will be determined based on the operating characteristics of the specific proposal. Attention shall be directed to whether clients are driving and the rules pertaining to visitation.

2) Both indoor and outdoor common areas shall be provided on site.

3) All setback standards of the underlying zone shall be met.

4) On-site staff supervision shall be required during all hours of facility operation.

5) Individual client stays shall not exceed one hundred eighty (180) consecutive days.

6) The facility’s management shall participate in any residential crime prevention program provided by the City and as required under the permit.

7) A list of client names, on a continuous basis as clients are received, shall be provided to the Chief of Police. The Chief of Police may determine to reject any client being allowed in the home if the client represents an unreasonable risk to public safety.

f. Any parolee/probationer home existing prior to the adoption of this section shall be required to obtain a conditional use permit.

g. Permits shall pertain to each specific location and operator. Any change of ownership of a facility shall require a new permit. A facility which discontinues operations for any period of time shall require a new permit before recommencing operations.

h. Notice of the application for a conditional use permit shall be provided as required in the conditional use permit ordinance, and application fees therefor shall be as established in said ordinance.

i. The ordinances of this code relating to the regulation of smoking tobacco and other products shall apply to parolee/probationer homes.

j. Any conditional use permit issued for a parolee/probationer home may be revoked by the City Council for violations of this section or for otherwise creating a public nuisance. Owners and operators of parolee/probationer homes are also subject to the issuance of administrative citations and the collection of fines for violations, although the absence of an administrative citation does not preclude the remedy of revocation of a conditional use permit.

(Ord. 04-14, 4/8/2014)

§ 9.1.1224 Check Cashing, Lending and Similar Financial Service Businesses.

"Specialized financial service businesses"

means, for the purposes of this section:

a. Any business involved in making "pay day loans," which is a transaction whereby a business defers depositing a customer’s personal check until a specific date, pursuant to a written agreement, as provided by California Financial Code Section 23035. The term "personal check" includes the electronic equivalent of a personal check. "Pay day loan" businesses are regulated by the State of California, Department of Corporations, and do not include consumer loans or commercial loans.

b. Any business involved in making "car title loans," which means a short-term loan in which the borrower’s vehicle title is used as collateral. The borrower must be the lien holder (owns the vehicle outright). "Car title loans" can be regulated as either consumer or commercial loans by the State of California. The term does not include loans for vehicles regulated by the Federal Trade Commission.

c. Any business involved in "check cashing," which is a commercial land use that generally includes some or all of a variety of financial services, including cashing of checks, warrants, drafts and other commercial paper serving the same purpose. "Check cashing" business does not include a State or Federally chartered bank, savings association, credit union, or industrial loan company, nor a retailer engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cashes checks or issues money orders for a minimum flat fee not exceeding $2 per transaction as a service to its customer that is incidental to the main purpose or business.

1) The following conditions shall apply only to specialized financial services businesses located in the C (General Commercial) Zoning District:

a) A conditional use permit is required;

b) Shall not be located within a one thousand two hundred fifty (1,250) foot radius of any other specialized financial service business;

c) Windows shall not be obscured by placement of signs, dark window tinting, shelving, racks or similar obstructions;

d) Exterior telephones, security bars and roll-up doors shall be prohibited;

e) All fees and regulations associated with a loan or financial transaction shall be displayed near the cashier/checkstand and be provided to the customer upon checkout;

f) The hours of operation shall be stated in the application and be subject to approval in the conditional use permit. The hours of operation should fall within typical business hours, but in no case shall the business be open past 8:00 p.m.;

g) All business shall be conducted completely inside of the office and the storage of vehicles associated with the car title loan business is explicitly not allowed;

h) Interior and exterior video security cameras shall be installed at the front and rear of the business with full view of the public right-of-way and any area where the operator provides parking for its patrons. The cameras shall record video for a minimum of thirty (30) days and be accessible via the Internet by the Police Department. All video equipment shall be installed to the satisfaction of the Police Chief and the Community Development Department;

i) The operator shall take and maintain thumb prints of all clients who apply for loans, cash advances or other financial services.

(Ord. 10-14, 8/12/2014; Ord. 14-14, 9/9/2014)

§ 9.1.1226 Employee and Farmworker Housing.

a. It is the purpose and intent of this section to regulate any employee and farmworker housing as defined below, consistent with California Health and Safety Code Sections 17021.5 and 17021.6. For the purpose of this section, employee and farmworker housing shall not be deemed a use that implies that the employee housing is an activity that differs in any other way from an agricultural use. No conditional use permit, zoning variance, or other zoning clearance is required of this employee housing that is not required of any other agricultural activity in the same zone.

b. The following definitions shall apply to this section:

1)

"Farmworker dwelling unit"

shall mean housing for up to six agricultural (farm) employees. The accommodations may consist of any living quarters, dwelling, boarding house, bunkhouse, mobile home, manufactured home, recreational vehicle, or travel trailer.

2)

"Farmworker housing complex"

shall mean agricultural (farm) employee housing with up to thirty-six (36) beds in group quarters and twelve (12) units designed for use by single families or households.

c. Employee and farmworker housing as defined in subsection (b)(1) of this section shall be:

1) Permitted in all residential zones, subject to the same standards and permit requirements as a single-family residence.

d. Employee and farmworker housing as defined in subsection (b)(2) of this section shall be:

1) Permitted in the Limited Agriculture (AL), Agriculture Preserve (A-4) and the Delta Recreation (DR) Zone Districts.

e. Any proposed employee or farmworker housing shall apply for and receive a building permit prior to the occupancy of the structure(s).

(Ord. 03-16, 1/12/2016)

§ 9.1.1228 Residential Care Facilities.

a. The following requirements apply to residential care facilities for more than six persons as defined by this code. Residential facilities for six or fewer residents shall be treated as a residential use and subject only to the same requirements as any other permitted residential use of the same housing type that is in the same district.

1) The minimum distance from any other residential facility shall be three hundred (300) feet as specified by California Health and Safety Code Section 1267.9(b);

2) At least twenty (20) square feet of usable open space shall be provided for each person who resides in the facility;

3) At least one parking space shall be provided for every two persons who reside in the facility;

4) Residential care facilities shall be licensed and certified by the State of California and shall be operated according to all applicable state and local regulations;

5) The residential care facility shall meet the appropriate use classification and occupancy requirement as required by the California Building Code (CBC);

6) The residential care facility shall meet all current and local Fire Department requirements if applicable.

(Ord. 02-16, 1/12/2016; Ord. 12-25, 8/12/2025)

§ 9.1.1230 Cultivation of Marijuana.

a. Definitions.

1) For purposes of this section, the term "cultivation" shall mean the planting, growing, harvesting, drying, storage of, or creation of products involving, one or more marijuana plants or any part of such plants for any purpose, including for medical or recreational use.

2) For purposes of this section, "marijuana" refers to any type of cannabis plant, including cannabis sativa, cannabis indica, cannabis ruderalis, and any hybrids of different types of cannabis plants.

b. The cultivation of marijuana outdoors is prohibited at all locations, and in all zoning districts, within the City of Oakley. The City shall not issue, approve, or grant any permit, license, or other entitlement for the outdoor cultivation of marijuana.

c. Indoor Cultivation.

1) The cultivation of marijuana indoors is a permitted use in any residential zoning district, provided the cultivation strictly conforms to the requirements of subsection (c)(2) of this section, California Health and Safety Code Sections 11362.1(a)(3) and 11362.2, and any State regulations adopted in accordance with those sections.

2) The indoor cultivation of marijuana shall strictly conform to the following requirements:

a) No person shall cultivate more than six (6) plants indoors within any residence at any time, and no person shall cultivate marijuana on any parcel not improved with a lawful inhabited residence.

b) Marijuana cultivation is permitted only within fully enclosed structures that include solid walls and a solid roof. A fully enclosed and secure structure used for the cultivation of marijuana that is separate from the main residence on a premises must be located in a side yard or back yard of the residence and the side yard or backyard must be enclosed entirely by a solid fence of at least six (6) feet in height and/or the house. In addition, the detached structure must maintain a minimum ten (10) foot setback from any property line or the minimum setback required under any other applicable provision of this Code if such setbacks exceed ten (10) feet. No such structure shall have a roof or ceiling that is capable of opening or retracting. If such structure is smaller than one hundred twenty (120) square feet in size, no portion of its roof or ceiling shall have opaque or transparent surfaces. If such structure is greater than one hundred twenty (120) square feet in size, any opaque or transparent surface shall be in accordance with the applicable building codes as the City has adopted.

c) Marijuana cultivation areas in a structure shall not be accessible to persons under eighteen (18) years of age. All doors opening into cultivation areas shall be secured by lock and key, padlock, or other security device that prevents unauthorized entry.

d) Marijuana cultivation lighting shall not exceed a total of one thousand two hundred (1,200) watts and shall be shielded to confine light and glare to the interior of the allowable structure.

e) The use of gas products (e.g., CO₂, butane, etc.) or generators for marijuana cultivation or processing is prohibited.

f) No exterior evidence of marijuana cultivation shall be observable from any public right-of-way or adjacent property.

g) Marijuana cultivation shall not occur in any kitchen, bathroom, or bedroom of the residence.

h) Any structure used for marijuana cultivation must have proper ventilation to prevent mold damage and to prevent marijuana plant odors or particles from becoming a public nuisance to surrounding properties or the public.

i) The marijuana cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, smoke, traffic, vibration, or other impacts, and shall not be hazardous due to use or storage of materials, processes, products, or wastes.

j) Use, storage, or discharge into wastewater facilities shall strictly comply with all rules and regulations adopted by the Ironhouse Sanitation District.

k) Water usage for cultivation of marijuana under this section shall not exceed any limitations imposed by federal, state, or local water restrictions.

l) All lighting, equipment, power sources, and construction associated with the cultivation shall comply with the applicable building, electrical, and fire codes as adopted by the City. Such compliance shall include the requirement to obtain any permit the East Contra Costa Fire Protection District may require for the cultivation.

d. Each and every marijuana plant cultivated outdoors, or in excess of the number of indoor plants allowed under this section, shall be a separate offense, and each such plant subject to a separate administrative citation fine under Sections 1.5.002(e) and 4.41.108(b). Each and every day a violation is maintained, caused, aided, abetted, concealed, suffered, or permitted is a separate offense.

(Ord. 11-17, 6/27/2017; Ord. 08-24, 6/11/2024)

§ 9.1.1232 Donation Bins.

a. Definitions.

1)

"City Manager"

means the City Manager of the City of Oakley or designee.

2)

"Operator"

means a person who utilizes or maintains unattended donation bin(s) to solicit donations of salvageable personal property.

3)

"Permittee"

means the property owner who is issued a permit authorizing placement of unattended donation bin(s).

4)

"Property owner"

means the person who owns the real property where the unattended donation bin(s) are or are proposed to be located.

5)

"Residential district"

means R-6, R-7, R-10, R-12, R-15, R-20, R-40, AL, M-9, M-12, M-17, and P-1 (for residential use) districts pursuant to this chapter.

6)

"Unattended donation bin"

means any unattended container, receptacle, or similar device that is located on any lot within the City and that is used for soliciting and collecting donations of clothing or other salvageable personal property. This term does not include recycle bins for the collection of recyclable material governed or regulated by the Zoning Code or any unattended donation bin located within a building.

b. Permits.

1) It is unlawful and a public nuisance for any property owner or other person to place, operate, maintain or allow unattended donation bins on real property unless the property owner first obtains a permit pursuant to this chapter and the donation bin is placed, operated and maintained in accordance with all provisions in this chapter.

2) The permit application shall be made on a form provided by the City Manager and shall include the following information:

a) The name, address, email, website (if available) and telephone number of the applicant;

b) Written proof sufficient to establish that the operator who will utilize the unattended donation bin is qualified to solicit donations of salvageable personal property pursuant to California Welfare and Institutions Code Section 148.3, as amended;

c) The text of the disclosures that will be made on the unattended donation bin as required by subsection (d)(1)(c) of this section; and

d) The physical address of the property owner’s real property and a drawing sufficient to indicate the proposed location of the unattended donation bin on the property owner’s real property and the size of the proposed unattended donation bin.

3) Each application shall be accompanied by a nonrefundable fee in the amount established by resolution of the City Council. This fee shall be in addition to any fee or tax imposed by the City pursuant to any other provision of this Code.

4) Applications shall be filed with the City Manager.

5) Within sixty (60) days of receiving a completed application, the City Manager shall issue a permit or deny the issuance of a permit.

6) The City Manager shall not issue a permit unless:

a) The applicant has submitted a complete and accurate application accompanied by the applicable fee;

b) The operator who will utilize the unattended donation bin is qualified to solicit donations of salvageable personal property pursuant to California Welfare and Institutions Code Section 148.3, as amended;

c) The proposed location of the unattended donation bin on the property owner’s real property is in compliance with all applicable laws.

7) If the City Manager denies an application the City Manager shall state, in writing, the specific reasons for denial.

8) The term of the permit shall expire one year from the date of issuance.

9) No person to whom a permit has been issued shall transfer, assign, or convey such permit to another person.

10) Prior to expiration of the permit, the permittee may voluntarily cancel the permit by notifying the City Manager in writing of the intent to cancel the permit. The permit shall become void upon the City Manager’s receipt of a written notice of intent to cancel the permit.

c. Renewal of Permits.

1) A permittee may apply for permit renewal by submitting to the City Manager before the expiration of the permit a renewal application and a nonrefundable renewal fee in an amount set by resolution of the City Council.

2) The City Manager shall either approve or deny the renewal of a permit within sixty (60) days of receipt of the complete renewal application and payment of the renewal fee. The failure of the City Manager to timely act shall constitute approval of the renewal of the permit.

3) The City Manager shall approve the renewal of a permit if he or she finds that no circumstances existed during the term of the permit, existed at the time of submission of an application for renewal, or existed at any time during the review of the application for renewal that are inconsistent with any finding required for approval of a new permit as specified in subsection (b) of this section or that would justify the revocation of the permit as specified in subsection (e) of this section.

d. Requirements and Maintenance.

1) A permittee shall operate and maintain or cause to be operated and maintained all unattended donation bins located in the City as follows:

a) Unattended donation bins shall be maintained in good condition and appearance with no structural damage, holes, or visible rust, and shall be free of graffiti;

b) Unattended donation bins shall be locked or otherwise secured;

c) Unattended donation bins shall contain the following contact information in two-inch type visible from the front of each unattended donation bin: the name, address, email, and phone number of both the permittee and operator;

d) Unattended donation bins shall be serviced and emptied as needed, but at least every thirty (30) days.

2) Unattended donation bins shall be no more than eighty-two (82) inches high, fifty-six (56) inches wide and forty-nine (49) inches deep.

3) The permittee shall maintain or cause to be maintained the area surrounding the unattended donation bin(s) free of any junk, debris or other material and shall be responsible to the extent provided by law for the cost to abate any violation.

4) Notwithstanding any other provision of this code, it is unlawful for any person to place an unattended donation bin in any residential district.

5) Notwithstanding any other provision of this code, it is unlawful to locate any unattended donation bin less than four hundred (400) feet from any other unattended donation bin.

6) Notwithstanding any other provision of this code, it is unlawful to locate more than one unattended donation bin on each parcel of real property.

7) Notwithstanding any other provision of this code, it is unlawful to locate any unattended donation bin on required parking spaces, within drive aisles, or within landscaped areas, or on any undeveloped or vacant property.

e. Revocation of Permit, Removal of Unattended Donation Bins and Liability. The City Manager shall have the right for cause to revoke any permit issued hereunder. Any of the grounds upon which he or she may refuse to issue an initial permit shall also constitute grounds for such revocation. In addition, the failure of the permittee to comply with the provisions of this chapter or other provisions of this Code or other law shall also constitute grounds for revocation of the permit. The City Manager shall provide a written notification to the permittee stating the specific grounds for revocation. Upon revocation, the unattended donation bin shall be removed from the permittee’s real property within thirty (30) days and if not removed within this time period, the City may remove, store and dispose of the unattended donation bin at the expense of the permittee. Upon revocation, a permittee shall be prohibited from applying for a permit for a period of one year. Any violation of the provisions of this section is a public nuisance subject to abatement pursuant to Chapters 1.5 and 1.6.

f. Violation – Penalty. Any person violating any provision of this section is guilty of an infraction.

g. Appeals to City Council. Any person aggrieved by the decision rendered by the City Manager in granting or denying an application for a permit under this section or in revoking a permit issued under this section may appeal the decision to the City Council in accordance with Section 2.4.020. The appeal shall be made by filing a written notice thereof with the City Clerk not later than ten (10) calendar days after receiving notice of the decision of the City Manager. The City Council shall hold a hearing on the appeal and its decision thereon shall be final. Instead of hearing the appeal, the City Council may refer the matter to a hearing officer to recommend a decision, pursuant to Section 2.4.020.

(Ord. 08-17, 5/23/2017)

§ 9.1.1234 Tobacco Retailing Businesses.

a. Purpose and Intent. The primary purposes of this section are to restrict the concentration of tobacco retailing businesses in any one area; to minimize the availability of tobacco products to minors by prohibiting tobacco retailing businesses from locating near schools and other youth-sensitive areas; and to prohibit hookah lounges, vapor lounges, and significant tobacco retailing businesses, which have a deleterious effect upon adjacent areas.

b. Definitions. For the purposes of this section, the following words and phrases have the following meanings:

1)

"Hookah lounge,"

also referred to as a "hookah bar," means any facility, building, structure, or location where customers smoke tobacco or other substances through one or more hookah pipes (also commonly referred to as a hookah or water pipe).

2)

"Significant tobacco retailing business"

means any tobacco retailing business for which twenty percent (20%) or more of floor or display area is devoted to tobacco products, tobacco paraphernalia, or both.

3)

"Tobacco paraphernalia"

means any item designed or marketed for the consumption, use, or preparation of tobacco products.

4)

"Tobacco product"

means any of the following:

a) Any product containing, made from, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, and snuff.

b) Any electronic smoking device.

c) Any component, part, or accessory of a tobacco product, whether or not it is sold separately.

d) "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for that approved purpose.

5)

"Tobacco retailing"

means selling, offering for sale, or exchanging or offering to exchange for any form of consideration tobacco, tobacco products, or tobacco paraphernalia. This definition is without regard to the quantity of tobacco products or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange.

6)

"Tobacco retailing business"

means any facility, building, structure, or location that is used, whether as a primary use or as an ancillary use, for tobacco retailing.

7)

"Vapor lounge,"

also referred to as a "vape lounge," "vapor bar," "electronic smoking device bar," or "electronic smoking device lounge," means any facility, building, structure, or location where customers use one or more electronic smoking devices, as defined in Section 4.19.004(f), to deliver an inhaled dose of nicotine or other substance within the establishment.

c. Restrictions. The following conditions shall apply only to tobacco retailing businesses located in the C (General Commercial) and RB (Retail Business) Zoning Districts, or any P-1 District that allows commercial uses:

1) A conditional use permit is required;

2) No tobacco retailing business shall be located within one thousand (1,000) feet of any parcel occupied by a public or private school, playground, park, library or bus stop servicing schools.

For the purposes of this section, distance is measured by the shortest line connecting any point on the property line of the parcel on which the tobacco retailing business will be established or maintained to any point on the property line of the other parcel.

d. Establishment. For the purposes of this article, the establishment of a tobacco retailing business includes the opening of a tobacco retailing business as a new business, the relocation of an existing tobacco retailing business to a different location, or the conversion of an existing retail business location to a tobacco retailing business.

e. Nonconforming Tobacco Retailing Use.

1) For the purposes of this section, each of the following is a non-conforming tobacco retailing use:

a) Tobacco retailing at any lawful tobacco retailing business existing at the time this section becomes effective that does not conform to the provisions of subsection (c) of this section.

b) Tobacco retailing at any lawful tobacco retailing business that, after this section becomes effective, does not conform to the provisions of subsection (c) of this section due to the lawful establishment of a public or private school, playground, park, or library.

f. Hookah Lounges Prohibited. A hookah lounge may not be established in any land use district.

g. Vapor Lounges Prohibited. A vapor lounge may not be established in any land use district.

h. Significant Tobacco Retailing Businesses Prohibited. A significant tobacco retailing business may not be established in any land use district.

(Ord. 03-18, 3/13/2018; Ord. 23-18, 12/11/2018)

§ 9.1.1236 Drive-Through Restaurants.

a. Purpose and Intent. It is the purpose of this section to specify performance and operational standards for restaurants or food-related uses seeking to incorporate one or more drive-through lanes in association with the proposed use.

1) This section shall apply to any use proposed within the City of Oakley that is considered "drive-thru restaurant and services," and that is a restaurant or food/drink-related business.

b. Definitions and Meanings.

1) For the purposes of this subsection "drive-through" is interchangeable with "drive-thru" found elsewhere in the Oakley Municipal Code.

2)

"Sensitive uses,"

as referenced in this section, shall mean any residential or agricultural designated property, whether occupied or vacant, on the Oakley General Plan Land Use Map, any legal and conforming residential use, or any public or private school with students in any grade ranging from K-12. Residential uses located in non-residential zoning districts and General Plan land use designations are not considered "sensitive uses" for the purposes of this section. Other uses may be considered as "sensitive uses" subject to the discretion of the Community Development Director.

c. Performance Standards.

1) A conditional use permit for a drive-through restaurant use may only be considered for approval if the site for the proposed use is a minimum of 0.7 acres in size after any necessary right-of-way dedications, or the site is part of a larger commercial center with contiguous parcels that total at least 0.7 acres in size after any necessary right-of-way dedications.

2) A conditional use permit for a drive-through restaurant use may only be considered for approval if the proposed use will not result in three or more total number of drive-through restaurants/carwashes for any commercial center of less than five acres in size after any necessary right-of-way dedications, or a commercial center with contiguous parcels of less than five acres in size after any necessary right-of-way dedications.

3) A conditional use permit for a drive-through restaurant use may only be considered for approval if the proposed use will not result in four or more total number of drive-through restaurants/carwashes for any commercial center of less than eight acres after any necessary right-of-way dedications, or a commercial center with contiguous parcels of less than eight acres after any necessary right-of-way dedications.

4) 

An application for a proposed drive-through restaurant shall include a traffic analysis that specifically analyzes on-site and nearby pedestrian/bicycle safety and drive-through lane queuing for the purposes of providing recommendations to avoid conflicts between various modes of transportation. The traffic analysis shall also analyze drive-through vehicle queuing and make recommendations to the site planning design that results in avoiding or minimizing negative impacts to the surrounding area on and off site, including but not limited to:

a. Blocking access to parking spaces;

b. Creating conflicts to internal circulation; or

c. Spill back into adjacent main drive aisles or rights-of-way causing interference to vehicular, bicycle, or pedestrian flow or reduction in road capacity.

The Community Development Director and/or City Engineer may require the queuing analysis include observation of similar nearby businesses. This analysis is in addition to any vehicle miles traveled ("VMT") or level of service ("LOS") analysis that may already be required.

5) An application for a proposed drive-through restaurant shall include either a detailed acoustical analysis of the menu board speaker consistent with the proposed site plan, or a detailed specification sheet on the menu board speaker and any sound reducing technologies it may incorporate. All menu board speakers shall function in compliance with the City of Oakley General Plan.

6) No portion of the drive-through lane or its required queuing as determined in the traffic analysis shall obstruct any drive aisles or off-street parking. The drive-through shall not take ingress or egress from a local residential road.

7) The entire drive-through lane shall be screened from adjacent street and residential views to a height of at least three feet. Screening devices shall be a combination of berming, hedge and landscape materials, and solid walls as approved by the Community Development Director.

8) Menu boards shall be oriented or screened to avoid direct visibility from adjacent public streets.

9) The speaker box on menu boards shall be oriented away from adjacent residential uses or other commercial uses with an outdoor setting.

10) Pedestrian access to the building either from the parking lot or public right-of-way shall not cross the drive-through lane at any point between the last queuing area and end of the building facade where the pick-up window is located.

11) Site plans shall be designed so drive-through lanes or regular use queuing areas shall not intersect or interfere with pedestrian access through the parking lot or drive aisles to the main entrance of the associated use from any of the on-site parking spaces for that use.

12) Site plans shall be designed so access to the building from adjacent parcels and public rights-of-way is accomplished without direct interference with a drive-through or queuing lane. In the event such a design is not achievable, the crossing shall be located a reasonable distance away from any building corners and enhanced with a raised crossing, signage, and an automatic or pedestrian operated warning light to vehicles.

13) Site plans shall be designed so that all pedestrian walkways adjacent to a drive-through lane shall contain a pedestrian barrier to prevent pedestrians from cutting through the drive-through lane. The barrier shall direct the pedestrian to safe areas to exit the walkway.

14) Site plans shall be designed so all driveways with access to public rights-of-way have pedestrian sidewalks that connect directly to a path that leads to the main building, and that continue into the remainder of the shopping center, if applicable, with marked crossings where appropriate and recommended by the traffic analysis.

d. Operational Standards.

1) Hours of operation may be limited as a condition of approval in the conditional use permit as necessary to achieve compatibility with adjacent sensitive land uses.

2) The applicant shall prepare and submit an operational plan related to litter control, and/or recycling as a part of the conditional use permit application, subject to the review and approval of the Community Development Director.

3) The applicant shall prepare and submit an operational plan addressing noise, loitering or other potential nuisances that may be caused by employees, patrons, or other citizens while on the premises, subject to the review and approval of the Community Development Director. The operational plan shall include plans to ensure graffiti shall be removed within forty-eight (48) hours of it being discovered by or reported to the businesses.

(Ord. 03-23, 4/25/2023)

§ 9.1.1238 Carwashes.

a. Purpose and Intent. It is the purpose of this section to specify performance and operational standards for carwashes.

1) This section shall apply to any carwash use proposed within the City of Oakley, including carwashes ancillary to gas stations, self-service carwashes, stand-alone automated carwashes, and carwash businesses that may include additional detailing whether indoors or under a shade structure.

b. Definitions and Meanings.

1) For the purposes of this section "carwash" may include the types of carwashes listed above. If a part of this section only applies to specific type of carwash, it will be explicitly stated as such. Otherwise, the part applies to all types of carwashes.

2)

"Sensitive uses,"

as referenced in this section, shall mean any residential or agricultural designated property, whether occupied or vacant, on the Oakley General Plan Land Use Map, any legal and conforming residential use, or any public or private school with students in any grade ranging from K-12. Residential uses located in non-residential zoning districts and General Plan land use designations are not be considered "sensitive uses" for the purposes of this section. Other uses may be considered as "sensitive uses" subject to the discretion of the Community Development Director.

c. Performance Standards.

1) A conditional use permit for a carwash use may only be considered for approval if the site for the proposed use is a minimum of 0.7 acres in size after any necessary right-of-way dedications, or the site is part of a larger commercial center with contiguous parcels that total at least 0.7 acres in size after any necessary right-of-way dedications.

2) A conditional use permit for a carwash use may only be considered for approval if the proposed use will not result in three or more total number of drive-through restaurants/carwashes for any commercial center of less than five acres in size after any necessary right-of-way dedications, or a commercial center with contiguous parcels of less than five acres in size after any necessary right-of-way dedications.

3) A conditional use permit for a carwash use may only be considered for approval if the proposed use will not result in four or more total number of drive-through restaurants/carwashes for any commercial center of less than eight acres after any necessary right-of-way dedications, or a commercial center with contiguous parcels of less than eight acres after any necessary right-of-way dedications.

4) An application for a proposed carwash shall include a traffic analysis that specifically analyzes on-site and nearby pedestrian/bicycle safety and queuing for the purposes of providing recommendations to avoid conflicts between various modes of transportation. The traffic analysis shall also analyze drive-through vehicle queuing and make recommendations to the site planning design that results in avoiding or minimizing negative impacts to the surrounding area on site and off site, including but not limited to:

a) Blocking access to parking spaces;

b) Creating conflicts to internal circulation; or

c) Causing potential for spill back into adjacent main drive aisles or rights-of-way causing interference to vehicular, bicycle, or pedestrian flow or reduction in road capacity.

The Community Development Director and/or City Engineer may require the queuing analysis include observation of similar nearby businesses. This analysis is in addition to any vehicle miles traveled ("VMT") or level of service ("LOS") analysis that may already be required.

5) An application for a proposed carwash shall include a detailed acoustical analysis of noise generated by the use, and confirm that the use complies with the noise thresholds in the City of Oakley General Plan in relation to noise impacts on sensitive uses. If a generally accepted decibel variance allowance would result in the noise exceeding a threshold, the noise source shall be reduced until the analysis shows the noise, including any decibel variance allowance, falls within the thresholds in the General Plan.

6) There shall be no more than one carwash located within any shopping center or contiguous commercial properties that have internally shared access. In addition, no new carwash shall be proposed within one thousand (1,000) feet of an existing carwash as measured between the shortest distance from either the perimeter of the carwash operations or parcel lines, subject to the determination by the Community Development Director. An exception to the one thousand (1,000) foot separation requirement may be considered if the proposed carwash is located within one thousand (1,000) feet of the Main Street and Highway 160 on/off ramps and is situated at the intersection of Main Street, Neroly Road, and Bridgehead Road, subject to the approval of the applicable decision-making body.

7) No portion of the required queuing as determined in the traffic analysis shall obstruct any drive aisles or off-street parking.

8) The entire carwash queuing lane shall be screened from adjacent street and residential views to a height of at least three feet. Screening devices shall be a combination of berming, hedge and landscape materials, and solid walls as approved by the Community Development Director.

9) Any speaker box on automated payment machine shall be oriented away from adjacent residential uses or other commercial uses with an outdoor setting.

10) Pedestrian access to the building either from the parking lot or public right-of-way shall not cross the queuing lane at any point between the automated payment machine and entrance to the carwash. Nor should it be located within twenty-five (25) feet of the exit of the carwash.

11) Site plans shall be designed so drive-through lanes or regular use queuing areas shall not intersect or interfere with pedestrian access through the parking lot or drive aisles to the main entrance of the associated use from any of the on-site parking spaces for that use.

12) Site plans shall be designed so access to the building from adjacent parcels and public rights-of-way is accomplished without direct interference with a drive-through or queuing lane. In the event such a design is not achievable, the crossing shall be located a reasonable distance away from any building corners and enhanced with a raised crossing, signage, and an automatic or pedestrian operated warning light to vehicles.

13) Site plans shall be designed so that all pedestrian walkways adjacent to a drive-through lane shall contain a pedestrian barrier to prevent pedestrians from cutting through the drive-through lane. The barrier shall direct the pedestrian to safe areas to exit the walkway.

14) Site plans shall be designed so all driveways with access to public rights-of-way have pedestrian sidewalks that connect directly to a path that leads to the main building, and that continue into the remainder of the shopping center, if applicable, with marked crossings where appropriate and recommended by the traffic analysis.

d. Operational Standards.

1) Hours of operation may be limited as a condition of approval in the conditional use permit as necessary to achieve compatibility with adjacent sensitive land uses.

2) The applicant shall prepare and submit an operational plan related to litter control, and/or recycling as a part of the conditional use permit application, subject to the review and approval of the Community Development Director.

3) The applicant shall prepare and submit an operational plan addressing noise, loitering or other potential nuisances that may be caused by employees, patrons, or other citizens while on the premises, subject to the review and approval of the Community Development Director. The operational plan shall include plans to ensure graffiti shall be removed within forty-eight (48) hours of it being discovered by or reported to the businesses.

(Ord. 03-23, 4/25/2023; Ord. 02-25, 2/11/2025)

§ 9.1.1240 Gas Stations.

a. Purpose and Intent. It is the purpose of this section to specify performance and operational standards for gas stations.

1) This section shall apply to any gas station use proposed within the City of Oakley, whether or not they include a convenience store, carwash, or vacuum stations.

b. Definitions and Meanings.

1) For the purposes of this section "gas station" is interchangeable with "gasoline service station" found elsewhere in the Oakley Municipal Code.

2)

"Sensitive uses,"

as referenced in this section, shall mean any residential or agricultural designated property, whether occupied or vacant, on the Oakley General Plan Land Use Map, any legal and conforming residential use, or any public or private school with students in any grade ranging from K-12. Residential uses located in non-residential zoning districts and General Plan land use designations are not considered "sensitive uses" for the purposes of this section. Other uses may be considered as "sensitive uses" subject to the discretion of the Community Development Director.

c. Performance Standards.

1) An application for a gas station shall include a traffic analysis that specifically analyzes on-site and nearby pedestrian/bicycle safety for the purposes of providing recommendations to avoid conflicts between various modes of transportation. This analysis is in addition to any vehicle miles traveled ("VMT") or level of service ("LOS") analysis that may already be required.

2) Any proposed gas station shall be minimum of five hundred (500) feet from an existing gas station, as measured between the shortest distance from either the perimeter of the gas station operations or parcel lines, subject to the determination by the Community Development Director, except that any intersection of two arterial streets (as defined in the City’s General Plan) or of any two existing streets each with at least four travel lanes (two in each direction) may have two gas stations on separate corners. An exception to the five hundred (500) foot buffer may also be considered if a gas station is located within one thousand (1,000) feet of a highway on/off ramp, or part of a larger master development plan consisting of at least forty-five thousand (45,000) square feet of building floor area, subject to the approval of the applicable decision-making body.

3) The speakers on gas pumps shall comply with all applicable noise regulations in the Oakley General Plan.

4) Any new gas station shall include a parking location for fueling trucks that does not block or cross over any required drive aisles or off-street parking spaces.

5) Any new gas station shall consider including alternative fuels pumps as an option to customers with alternative fuel vehicles.

d. Operational Standards.

1) Hours of operation for all or any individual component of a gas station (i.e., pumps, convenience store, carwash, or vacuum stations) may be limited as a condition of approval in the conditional use permit as necessary to achieve compatibility with adjacent sensitive land uses.

2) The applicant shall prepare and submit an operational plan related to litter control, and/or recycling as a part of the conditional use permit application, subject to the review and approval of the Community Development Director.

3) The applicant shall prepare and submit an operational plan addressing noise, loitering or other potential nuisances that may be caused by employees, patrons, or other citizens while on the premises, subject to the review and approval of the Community Development Director. The operational plan shall include plans to ensure graffiti shall be removed within forty-eight (48) hours of it being discovered by or reported to the businesses.

(Ord. 03-23, 4/25/2023)

§ 9.1.1242 Low Barrier Navigation Centers.

a. Purpose. The purpose of this section is to establish development standards for low barrier navigation centers and to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances of State law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with California Government Code Section 65660.

b. Applicability. The provisions of this section shall apply to all low barrier navigation center projects.

c. Allowed Zones. A low barrier navigation center development is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses.

d. Requirements. A low barrier navigation center shall meet the following requirements:

1) Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

2) Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to 24 CFR Section 576.400(d) or 578.7(a)(8), as applicable, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

3) Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

4) Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local homeless management information system, as defined by 24 CFR Section 578.3.

e. Application Procedure and Review.

1) Submit a design review application and submit payment of appropriate fees.

2) The City shall notify an applicant whether their application for a low barrier navigation center development is complete, pursuant to Government Code Section 65943, within thirty (30) days of receipt of an application.

3) Within sixty (60) days of receipt of a completed application for a low barrier navigation center development, the City shall act upon its review of the application. The City’s failure to provide written notice within the time frames in this subsection (e) will not result in a deemed approval of the application.

(Ord. 12-25, 8/12/2025)

§ 9.1.1244 Streamlined Approval for One Hundred Percent (100%) Affordable Housing Developments With Supportive Housing Units.

a. Applicability.

1) This section applies to all zoning districts within the City of Oakley where multifamily or mixed-use development is permitted.

2) It applies to all one hundred percent (100%) affordable housing developments that meet the requirements of Government Code Section 65651(a), which includes the provision of supportive housing units.

b. Approval Process for One Hundred Percent (100%) Affordable Housing Developments With Supportive Housing Units.

1) A one hundred percent (100%) affordable housing development that includes supportive housing units, as defined by this section, shall be exempt from the requirement for a conditional use permit (CUP) or any other discretionary review.

2) To qualify for this exemption, the development must include a minimum of twenty-five percent (25%) of the total number of units as supportive housing units, or twelve (12) units, whichever is greater.

3) The project must comply with all applicable zoning and building code standards, including, but not limited to, density, parking, height, and design standards.

4) The City shall process the application for a one hundred percent (100%) affordable housing development as a ministerial approval, meaning it will be automatically approved upon the submission of all required documentation and compliance with applicable standards.

c. Ministerial Approval.

1) Upon submission of a complete application for a one hundred percent (100%) affordable housing development with supportive housing units, and verification that the project complies with all applicable zoning standards, the City shall grant ministerial approval without requiring public hearings, Planning Commission review, or City Council approval, except where required by law for other technical compliance.

2) The ministerial approval process will be limited to checking for compliance with objective standards such as density, parking, setbacks, height, and other criteria specified in the zoning code. The City will not be permitted to deny the project based on subjective criteria.

d. Affordable Housing and Supportive Housing Requirements.

1) The development shall include supportive housing units as part of the total project, with at least twenty-five percent (25%) of the units designated as supportive housing, or at least twelve (12) units, whichever is greater.

2) The supportive housing units must meet the definition of supportive housing under California Health and Safety Code Section 50675.14, and the developer must ensure that appropriate services are provided to the tenants in these units.

3) If the project includes more than twenty (20) units, at least three percent (3%) of the nonresidential floor area must be dedicated to on-site supportive services (including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens). If the project has twenty (20) units or fewer, at least ninety (90) square feet must be provided for on-site services.

4) The supportive housing units must include at least one bathroom and cooking facilities (stovetop, sink, and refrigerator) in each unit.

e. Exemption From Conditional Use Permit (CUP) Requirement. Any project that meets the criteria set forth in this section shall be exempt from the conditional use permit process. The project will be approved through the ministerial review process as described herein.

f. Notification and Appeals.

1) Although no CUP is required, the applicant must provide notice of the development to property owners and residents within five hundred (500) feet of the project site, in accordance with the City’s standard notification procedures.

2) Any administrative decision or action regarding the ministerial approval of the development may be appealed following the procedures outlined in Chapter 1.8 following the final decision.

(Ord. 12-25, 8/12/2025)