Oakley, CA Zoning Ordinance

§ 9.1.1102 Accessory Dwelling Units.

Purpose and Intent. The purpose of this section is to increase the supply of smaller dwelling units and rental housing units by allowing accessory dwelling units and junior accessory dwelling units to be developed on certain lots which are zoned for single-family and multiple-family residential uses and to establish design and development standards for accessory dwelling units to ensure that they are compatible with existing neighborhoods in compliance with Government Code Section 65852.2, which requires local agencies to consider applications for accessory dwelling unit permits ministerially without discretionary review or public hearing.

Definitions.

"Accessory dwelling unit"

has the meaning set forth in Government Code Section 65852.2.

"Attached accessory dwelling unit"

means an accessory dwelling unit attached to a primary dwelling unit.

"Detached accessory dwelling unit"

means an accessory dwelling unit detached from a primary dwelling unit.

"Internal conversion"

means the establishment of an accessory dwelling unit or junior accessory dwelling unit within an existing or proposed primary dwelling unit or within an existing accessory building.

"Junior accessory dwelling unit"

means a unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure, or as otherwise amended in Government Code Section 65852.22.

Permissible Locations. Accessory dwelling units and junior accessory dwelling units are permitted on lots zoned to allow single-family or multiple-family dwelling residential uses. No subdivision rights are authorized that would result in the accessory dwelling unit being located on a separate lot.

Permitting Procedure.

Except as otherwise provided in this section, an application for a permit to establish an accessory dwelling unit will be approved ministerially without discretionary review or public hearing if the accessory dwelling unit meets the location requirements and development standards of this section, and all applicable building code standards and water and sewage requirements.

An application for a permit to establish an accessory dwelling unit that meets at least one of the following descriptions shall be ministerially approved without a public hearing, and is not subject to the location requirements and development standards of this section:

One internal conversion that is either an accessory dwelling unit or a junior accessory dwelling unit on a lot with a proposed or existing single-family dwelling, if: the internal conversion has independent exterior access not visible from a public or private street; the side and rear setbacks are sufficient for fire safety; and the internal conversion meets all applicable building code standards and all applicable sewage and water requirements. If the internal conversion is a junior accessory dwelling unit, it must comply with the requirements of Government Code Section 65852.22. An internal conversion under this subsection may include an expansion of not more than one hundred fifty (150) square feet beyond the physical dimensions of an existing building only if the expansion is limited to accommodating ingress and egress.

One detached, new construction, accessory dwelling unit on a lot with a proposed or existing single-family dwelling, if: the side and rear setbacks are a minimum of four feet as measured to the closest portion of the building; the detached accessory dwelling unit does not exceed eight hundred (800) square feet in floor area; the detached accessory dwelling unit does not exceed sixteen (16) feet in height from adjacent grade at its highest point; and the detached accessory dwelling unit meets all applicable building code standards and all applicable sewage and water requirements. The detached accessory dwelling unit may be combined with a junior accessory dwelling unit permitted in subsection (d)(2)(a) of this section.

One or more accessory dwelling units that are internal conversions within the nonlivable space of an existing multiple-family dwelling, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages. Each internal conversion under this subsection must meet all applicable building code standards and all applicable sewage and water requirements. The number of internal conversions permitted within an existing multiple-family dwelling under this subsection may not exceed twenty-five percent (25%) of the number of existing multiple-family dwelling units in the dwelling being converted.

One or two detached accessory dwelling units on a lot with an existing multiple-family dwelling, if: the side and rear setbacks are a minimum four feet as measured to the closest portion of the building; the detached accessory dwelling unit does not exceed eight hundred (800) square feet in floor area; the detached accessory dwelling unit does not exceed sixteen (16) feet in height from adjacent grade at its highest point; and the detached accessory dwelling unit meets all applicable building code standards and all applicable sewage and water requirements.

Application Contents. An application for a permit approving an accessory dwelling unit or junior accessory dwelling unit must be made in writing to the Community Development Department prior to the submittal of an application for a building permit and contain the following information:

The name(s) and address(es) of applicant(s) and property owner(s).

The address and assessor’s parcel number for the property.

The manner in which the accessory dwelling unit will be established, including conversion of a portion of the existing primary residence, conversion of an existing accessory structure, addition of an attached accessory dwelling unit to the existing residence, or creation of a detached accessory dwelling unit.

Size, indicating dimensions and square footage of the primary dwelling unit and the proposed accessory dwelling unit.

Floor plans and elevations for the primary residence and accessory dwelling unit. The floor plans shall identify the resulting total floor area square footage of each structure. The size and location of all windows and doors shall be clearly depicted. The application shall also include elevations that show all architectural features, openings, exterior finishes, original and finish grades, stepped footing outline, roof pitch, materials, and color board for the existing residence and the proposed accessory dwelling unit.

A legible site plan, drawn to scale and showing:

A north arrow to indicate parcel orientation.

Lot dimensions and labels for all property lines.

The location of the primary residence and the accessory dwelling unit on the lot.

The setbacks of all existing and proposed structures on the project site and all structures and improvements located on adjacent lots. For new structures, provide setbacks to the portion of the structure that projects furthest towards the property line. All structures shall be identified.

All other existing improvements, including driveways and parking areas.

All easements, building envelopes, and special requirements of the subdivision as shown on the final map and improvement plans.

A grading plan, indicating how the property is to be graded and drained, if applicable.

The location and description of utility, water, and sanitary services for both the primary residence and the accessory dwelling unit.

The property owner’s consent to physical inspection of the premises.

Color photographs of the site and adjacent properties. The photos shall be taken from each of the property lines of the project site to show the project site and adjacent sites. Each photograph shall be labeled and reference the site.

10)

A written legal description of the property.

11)

A letter from water, natural gas, electricity, and sewer service providers stating that they have adequate capacity to serve the accessory dwelling unit. If the applicant intends to use a private water or sewage disposal service, pursuant to subsection (f)(4) of this section, a letter from the water or sewer service provider shall not be required.

Development Standards. All accessory dwelling units shall comply with the following development standards:

Accessory Dwelling Unit Size.

A detached accessory dwelling unit may not exceed the following size:

(1)

Eight hundred (800) square feet in compliance with subsection (d)(2)(b) of this section when the detached accessory dwelling unit is proposed to result in fifty percent (50%) or greater total lot coverage when combined with all existing and proposed on-site structures.

(2)

Eight hundred fifty (850) square feet for units with only one bedroom.

(3)

One thousand (1,000) square feet for units with more than one bedroom.

(4)

One thousand two hundred (1,200) square feet for units that have more than one bedroom and are located on estates lots (zoned P-1, R-15, R-20, R-40 or AL and at least fifteen thousand (15,000) square feet in size).

An attached accessory dwelling unit may not exceed the smaller of the following sizes:

(1)

The size limitations specified in subsection (f)(1)(a) of this section for detached accessory dwelling units.

(2)

Fifty percent (50%) of the living area of an existing primary dwelling unit.

(3)

Eight hundred (800) square feet.

Living Provisions. An accessory dwelling unit must provide complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Permanent Foundation. A permanent foundation is required for all accessory dwelling units.

Sewer and Water. If the applicant proposes to use a private sewage disposal system, water system, or both for the accessory dwelling unit, the system must meet all applicable regulations of the City and Contra Costa County, and the County Health Officer must approve the system. Any such private sewage or water system must be designed by a licensed civil engineer to meet the increased load of the accessory dwelling unit and in accordance with the requirements of the most recent version of the California Plumbing Code. The design of the private sewage disposal or water system must be approved prior to the issuance of any permits for the accessory dwelling unit.

Architecture. An accessory dwelling unit must have independent exterior access separate from that of the primary dwelling unit. The independent exterior access must not be visible from the public or private street.

Types of Accessory Dwelling Units. An accessory dwelling unit may be attached to a primary dwelling unit or detached from a primary dwelling unit.

If an accessory dwelling unit is attached to a primary dwelling unit, the accessory dwelling unit must be an internal conversion of an area within the primary dwelling unit, or an addition to the primary dwelling unit.

If an accessory dwelling unit is detached from a primary dwelling unit, the accessory dwelling unit must be an internal conversion of an accessory structure, or new construction. A detached accessory dwelling unit must be located on the same lot as a primary unit.

Garage Attached to a Detached Accessory Dwelling Unit. If a garage is attached to a detached accessory dwelling unit, the garage may not exceed the following sizes:

Up to two hundred twenty-five (225) square feet on a lot in any zoning district where an accessory dwelling unit is permitted.

Up to four hundred fifty (450) square feet on estates lots (zoned R-15, R-20, R-40 or AL and at least fifteen thousand (15,000) square feet in size) where an accessory dwelling unit is allowed.

Yards and Building Height.

An accessory dwelling unit must comply with all requirements relating to required yard setbacks, required yard coverage, projections into yards, and building height, that are generally applicable to residential construction in the applicable zoning district, except as otherwise provided in this subsection (f)(8).

A setback is not required for an accessory dwelling unit that is an internal conversion or that is constructed in the same location and to the same dimensions as an existing building.

A setback of four feet from the side and rear property lines is required for an accessory dwelling unit that is not an internal conversion and is not constructed in the same location and to the same dimensions as an existing building.

An accessory dwelling unit may not exceed sixteen (16) feet in height to the highest portion of the structure.

Off-Street Parking.

A lot containing an accessory dwelling unit must provide an additional off-street parking space to serve the accessory dwelling unit, except as otherwise provided in this subsection. The additional space may be within a setback area, such as an existing legal driveway, or in tandem, unless specific findings are made that parking in a setback area or in tandem is not feasible based on site or regional topographical or fire and life safety conditions.

Replacement parking spaces are not required if a garage, carport, or covered parking structure that provides off-street parking is demolished or converted in conjunction with the construction of the accessory dwelling unit.

No additional off-street parking is required for an accessory dwelling unit in any of the following instances:

(1)

The accessory dwelling unit is located within one-half mile walking distance of public transit.

(2)

The accessory dwelling unit is located within an architecturally and historically significant historic district.

(3)

The accessory dwelling unit is an internal conversion.

(4)

The accessory dwelling unit is located within a permit-parking area, but an on-street parking permit is not available to the resident of the accessory dwelling unit.

(5)

A car share vehicle pick-up location is within one block of the accessory dwelling unit. A "car share vehicle" has the same meaning as in California Code, Vehicle Code Section 22507.1.

Occupancy. No accessory dwelling unit or junior accessory dwelling unit may be rented or offered for rent for a term of less than thirty (30) days.

Effective January 1, 2025, an applicant for a permit issued pursuant to this section shall be an owner-occupant of the subject property.

Deed Restrictions. Before obtaining a building permit for an accessory dwelling unit or junior accessory dwelling unit, the property owner(s) shall file with the County Recorder a declaration or agreement of restrictions, which has been approved by the City Attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner and stating that:

The accessory dwelling unit shall not be sold separately.

The accessory dwelling unit is restricted to the maximum size allowed per the development standards in this section.

The restrictions shall be binding upon any successor in ownership of the property and lack of compliance shall result in legal action against the property owner.

The property owner shall also prepare a disclosure statement that shall be provided to any potential purchaser of the property on which the accessory dwelling unit is located. The disclosure shall indicate the requirements associated with an accessory dwelling unit permit and provide the following information in substantially the same form:

You are purchasing a property with a permit for a residential (junior) accessory dwelling unit. The permit carries with it certain restrictions that must be met by the owner of the property. You are prohibited from selling the (junior) accessory dwelling unit separately. The (junior) accessory dwelling unit is restricted to the maximum size allowed under the permit. The (junior) accessory dwelling unit may not be rented or offered for rent for a term of less than 30 days. The permit is available from the current owner or the City of Oakley Community Development Department.

Nonconforming Units. Notwithstanding any other provision of the Zoning Ordinance, if an existing primary residence constitutes a legal nonconforming structure, an accessory dwelling unit or junior accessory dwelling unit may be constructed only if the nonconformity is not expanded and the accessory dwelling unit or junior accessory dwelling unit meets all current applicable zoning district standards.

Variances. Variance permits to modify pertinent applicable zoning district provisions regulating accessory dwelling units may be granted as allowed by and in accordance with the involved district’s regulations.

Timing of Permit Issuance. A building permit final shall not be issued for an accessory dwelling unit before final inspection of the primary dwelling unit passes.

Building and Similar Permits. Receipt of a permit for an accessory dwelling unit under this section shall not relieve the applicant from the burden of obtaining all other applicable permits, including but not limited to building and similar permits.

Fees. Fees for accessory dwelling unit and junior accessory dwelling unit permits will be in amounts established by the Oakley City Council fee schedule.

(Ord. 01-17, 2/14/2017; Ord. 07-20, 5/12/2020)

§ 9.1.1104 Accessory Structures. – Reserved.

(Reserved)

§ 9.1.1106 Historic Preservation. – Reserved.

(Reserved)

§ 9.1.1108 Landscape Requirements. – Reserved.

(Reserved)

§ 9.1.1110 Fences and Other Structures.

Residential Fence Regulations.

Standard Lots. In residential zoning districts R-6, R-7, R-10, and R-12, and P-1 with minimum lot sizes of fifteen thousand (15,000) square feet or less and no specific fence regulations, open and closed fences and solid forms of landscaping shall be subject to the following limitations:

In addition to subsection (a)(1)(a) of this section, fences or gates that span between a side yard fence and the house or garage shall be set back from the adjacent house or garage front facade a minimum of one foot on interior side yard lot lines, and ten (10) feet on corner side yard lot lines.

From the front yard setback line to the back property line (outside the front yard setback), open and/or closed fences and solid forms of landscaping shall not exceed seven feet in height.

If a fence crosses a driveway located between the front of the residence and the front property line, any gate in the fence for vehicular access shall be located a minimum twenty (20) feet from the front property line, regardless of the height of the fence and gate.

The addition of decorative entry features to a fence or solid landscaping form shall not result in a total height in excess of eight feet. The combined width of all decorative entry features shall not exceed four feet.

Estate Lots. In residential zoning districts R-15, R-20, R-40, and AL, and P-1 with minimum lot sizes greater than fifteen thousand (15,000) square feet and no specific fence regulations, fences and solid forms of landscaping shall be subject to the following limitations:

Between the front property line and the front yard setback line (front yard setback), closed fences and solid forms of landscaping shall not exceed three feet in height. Open fences in the same location shall not exceed seven feet in height. Fences may consist of a combination of closed and open materials so long as the portion above three feet in height is open fence, and the total height does not exceed seven feet. All fences shall comply with fencing guidelines contained in the Residential Design Guidelines, Estate Neighborhoods, and shall be subject to the review and approval of the Community Development Director.

In addition to subsection (a)(2)(a) of this section, fences or gates that span between a side yard fence and the house or garage shall be set back from the adjacent house or garage front facade a minimum of one foot on interior side yard lot lines, and ten (10) feet on corner side yard lot lines.

From the front yard setback line to the back property line (outside the front yard setback), open and/or closed fences and solid forms of landscaping shall not exceed seven feet in height.

If a fence crosses a driveway within the front setback adjacent to a public right-of-way, any gate in the fence for vehicular access shall not open outward toward the street, and the specific location of the gate shall be subject to review and approval by the Public Works and Engineering Department.

Environmental Mitigation. The height of a fence may be established upon approval by the Planning Commission or City Council of the mitigation measures of a mitigated negative declaration or environmental impact report to mitigate adverse noise or visual impacts.

Driveway Visibility Triangle. The visibility triangle of a residential driveway crossing a residential street property line may not be blocked by a fence or solid form of landscaping above a height of three feet. The visibility triangle is made up of the following three lines: (a) a fifteen (15) foot line along the back of sidewalk starting where the edge of driveway intersects the sidewalk (Line A-B in Figure 1); (b) a five-foot line along the side of the driveway starting at the same point the sidewalk line starts (Line A-C in Figure 1); and (c) a line connecting the two endpoints of the sidewalk line and the driveway line (Line B-C in Figure 1). Where another street intersects the sidewalk less than fifteen (15) feet from the driveway, that point shall be used for the endpoint of the sidewalk line. Where there is no sidewalk, the edge of pavement shall be used as the appropriate measuring point.

Fence Height Measurement and Variation. The height of fences and landscaping forms shall be measured from the highest adjoining grade. When a freestanding fence is constructed on top of a retaining wall because of a grade differential, and if building permits are issued for the combined freestanding fence/retaining wall, the fence height measurement shall not include the height of the retaining component. If a solid landscaping form is attached to a fence located in a residential front yard setback, its height may exceed the limits imposed by this section by ten percent (10%).

Fence Materials.

Open fences in the front yards of standard lots (see subsection (a)(1) of this section) may consist of wrought iron, split rails, wooden pickets, and similar designs and materials. On estate lots (see subsection (a)(2) of this section), open front yard fences shall comply with Oakley’s Residential Design Guidelines for Estate Neighborhoods;

On standard lots, chain link may be used in side and rear yard fences between the front of the residence and the rear property line, in front yards if it contains slats of vinyl or other materials, and in the construction of front yard gates. Chain link shall be considered an open fence material, unless it contains slats of vinyl or other materials, in which case it shall be treated as a closed fence;

Fences on residential properties may not contain barbed wire or razor wire or any variation thereof;

Fences adjacent to public right-of-way shall be constructed of materials that resist decay and deterioration; and

Any fences constructed after adoption of this section shall comply with the fencing provisions in the Residential Design Guidelines.

Summary of Residential Fence Regulations
Lot Type	Maximum Height of Open Fences in Front Yard Setbacks	Maximum Height of Closed Fences between Front Yard Setback Line and Front Property Line	Maximum Height of Fences outside of Front Yard Setback	Maximum Dimensions of Decorative Entry Features for All Fence Types	Minimum Distances of Fences from Front Property Line If Crossing Driveway
Standard Lot	4.5 feet	3 feet	7 feet	8 feet tall, combined 4 feet wide	20 feet
Estate Lot	7 feet1	3 feet	7 feet	8 feet tall, combined 8 feet wide	Per Public Works and Engineering

¹ Materials and design require approval of the Community Development Director.

(Ord. 13-08, 7/8/2008; Ord. 07-20, 5/12/2020)

§ 9.1.1112 Heritage and Protected Trees.

Purpose and Intent.

This chapter provides for the preservation of certain protected trees in the City of Oakley. In addition, this chapter provides for the protection of trees on private property by controlling tree removal while allowing for reasonable enjoyment of private property rights and property development for the following reasons:

The City finds it necessary to preserve trees on private property in the interest of the public health, safety and welfare and to preserve scenic beauty;

Trees provide soil stability, improve drainage conditions, provide habitat for wildlife and provide aesthetic beauty and screening for privacy;

Trees are a vital part of a visually pleasing, healthy environment for the City.

This chapter defines heritage trees, includes them as protected trees, and allows for nomination of trees to heritage tree status. In addition, this chapter recognizes the cultural importance of heritage trees for the following reasons:

Among the features that contribute to the attractiveness and livability of the City are its heritage trees growing as single specimens and in clusters. These trees have significant psychological and tangible benefits for both residents and visitors to the City;

Heritage trees contribute to the visual framework of the City by providing scale, color, silhouette and mass. Heritage trees contribute to the climate of the City by providing shade, moisture and wind control. Heritage trees contribute to the protection of other natural resources by providing erosion control for the soil, oxygen for the air, replenishment of groundwater, and habitat for wildlife. Heritage trees contribute to the economy of the City by sustaining property values and reducing the cost of drainage systems for surface water. Heritage trees provide landmarks of the City’s history and a critical element of nature in the midst of urban settlement;

For all these reasons, it is in the interest of the public health, safety and welfare of the City to regulate the removal of heritage trees, to require adequate protection of trees during construction, and to promote the appreciation and understanding of heritage trees.

Regulations.

The Community Development Department, after consulting with and considering the recommendations of the Public Works and Engineering Department, may from time to time propose to the City Council regulations to establish procedures to implement this chapter and to make more specific the standards and guidelines prescribed in this chapter. Such regulations, as approved by resolution of the City Council, shall have the force and effect of law unless otherwise indicated.

Regulations may be promulgated to set forth criteria for granting and denying destruction permits and, among other things, to govern the marking of heritage trees and the prevention of excessive pruning.

Definitions.

"Arborist"

shall mean a person currently certified by the Western Chapter of the International Society of Arboriculture as an expert on the care of woody trees, shrubs and vines in the landscape, a consulting arborist who satisfies the requirements of the American Society of Consulting Arborists or such other arborist who, after review by the Director, is determined to meet the standards established for certified or consulting arborists hereinabove described;

"Arborist report"

shall mean a report prepared by a certified or licensed arborist on:

The possible impact of development on trees or existing tree condition;

The impact of any alteration; and/or

Restorative or other remedial action that might be feasible to address tree alterations;

"Department"

means the Community Development Department;

"Development"

means any modification of land for human use from its existing state which requires a discretionary entitlement for its establishment or a building and/or grading permit involving a protected tree or trees;

"Development application"

shall mean an application for development (as defined in this article) requiring either ministerial or discretionary approvals including design review, use permits, subdivisions, rezoning applications, building and/or grading permits;

"Director"

means the Community Development Director or his/her designee;

"Heritage Tree"

(see subsection (d) of this section, "Heritage Tree Definition and Designation");

"Protected Tree"

(see subsection (e) of this section, "Protected Tree Definition and Designation);

"Riparian vegetation"

shall mean vegetation that is found along creeks and streams. Runoff streams that only carry runoff during the rain seasons in this area are known to support significant riparian vegetation;

10)

"Routine pruning"

shall mean the removal of dead or dying, diseased, weak or objectionable branches of a tree in a reasonable and scientific manner which does not structurally harm the tree;

11)

"Topping"

shall mean the removal of the upper twenty-five percent (25%) or more of a tree’s trunk(s) or primary leader;

12)

"Tree"

shall mean a large woody perennial plant with one or more trunks, branches and leaves, not including shrubs shaped to tree forms;

13)

"Tree removal"

shall mean the destruction of any protected tree by cutting, grading, girdling, interfering with water supply, applying chemicals or by other means;

14)

"Undeveloped property"

shall mean:

A parcel of private land which is vacant or a developed parcel which has remaining development potential;

A parcel of land that can be further divided in accordance with zoning regulations of the City; or

A parcel of land on which the structures are proposed to be demolished or relocated.

Heritage Tree Definition and Designation.

On all properties within the City of Oakley, a heritage tree is defined as any of the following:

A California native oak (Valley Oak – Quercus lobata; Leather Oak – Quercus durata; California Black Oak – Quercus kelloggii; Canyon Live Oak – Quercus chrysolepis; Interior Live Oak – Quercus wislizenii; Island Oak – Quercus tomentella; Engelmann Oak – Quercus engelmanni; Coast Live Oak – Quercus agrifolia) that measures at least fifty (50) inches in circumference (fifteen and six-tenths (15.6) inches diameter) at four and one-half feet above grade, regardless of location or health; or

A tree of a species other than a California native oak that measures at least fifty (50) inches in circumference at four and one-half feet above grade and is either on an undeveloped property, located on public property or within the right-of-way, or located on private property and is found to provide benefits to the subject property as well as neighboring properties, subject to determination by the Director.

Protected Tree Definition and Designation.

On all properties within the City of Oakley, a protected tree is any one of the following:

A heritage tree as defined by this chapter; or

A tree adjacent to or part of a riparian habitat, foothill woodland or oak savanna area that measures twenty (20) inches or larger in circumference (approximately six and one-half inches in diameter) as measured at four and one-half feet above grade, or a multi-stemmed tree with the sum of the circumferences measuring forty (40) inches or larger as measured four and one-half feet above grade, and is included in the following list of indigenous trees: Acer macrophyllum (Bigleaf Maple), Acer negundo (Box Elder), Aesculus califonica (California Buckeye), Alnus Rhombifolia (White Alder), Arbutus menziesii (Madrone), Heteromeles arbutifolia (Toyon), Juglans hindsii (California Black Walnut), Juniperus californica (California Juniper), Lithocarpus densiflora (Tanoak or Tanbark Oak), Pinus attenuata (Knobcone Pine), Pinus sabiniana (Digger Pine), Platanus racemosa (California Sycamore), Populus fremontii (Fremont Cottonwood), Populus trichocarpa (Black Cottonwood), Quercus agrifolia (California or Coast Live Oak), Quercus chrysolepis (Canyon Live Oak), Quercus douglasii (Blue Oak), Quercus kelloggii (California Black Oak), Quercus lobata (Valley Oak), Quercus wislizenii (Interior Live Oak), Umbellularia californica (California Bay or Laurel); or

Any tree shown to be preserved on an approved tentative map, or development or site plan or required to be retained as a condition of approval; or

Any tree required to be planted as a replacement for an unlawfully removed tree.

Destruction or Removal.

Prohibition. Except as provided in this chapter, no person shall destroy or remove any protected tree unless a permit has been obtained therefor, unless exempt from a tree removal permit pursuant to this chapter. This chapter does not require a permit for trimming, pruning, or maintenance of a protected tree where such does not result in destruction nor substantially change the tree’s form or shape.

Tree Protection and Preservation.

Encroachment, Construction or Excavation. When proposed developments or construction encroaches into the drip line or a radius of twelve (12) feet from the trunk, whichever is greater, of any protected tree required to be preserved, the involved developer and/or contractor shall submit an arborist report, subject to review and approval by the Community Development Department. The arborist report shall include required measures to be implemented during grading and construction to allow the roots to breathe, obtain water and nutrients, and minimize damage to the portion of the tree visible above ground level. Excavation, cuts, fills or compaction of the existing ground surface within the drip line or a radius of twelve (12) feet from the trunk of a protected tree, whichever is greater, shall minimize such damage to the root system so as to result in least damage to such tree. Permission is required prior to back filling. Tree wells may be used where approved by the Community Development Department. The cost of required pruning or other treatment to compensate for root damage and/or cost of removal shall be at the expense of the involved developer and/or contractor but may be shared by the owner. Such pruning as is done shall not cause permanent injury or destroy any protected tree;

Storage and Dumping. No person shall store or dump any oil, gas, or chemicals that may be harmful to trees, nor place heavy construction machinery or construction materials in the open within the drip line of any protected tree or within a radius of twelve (12) feet from the trunk of such tree, whichever is greater;

Burning. Burning of any material within or near the drip line of any protected tree shall not be done where such may injure the tree;

Attachments. No person shall attach any wire (except as needed for support) or sign (other than approved tree identification signs) to any protected tree where such wire or sign may damage such protected tree;

Damage Notification. The contractor, developer or owner or any agent thereof shall notify the Community Development Department without undue delay of any damage or unlawful removal that occurs to any protected tree during grading, construction or maintenance. The cost of repair of the damage or tree replacement shall be at the expense of the responsible party and the repair work done according to standards approved by the Community Development Department. The cost of repair or replacement is to be determined by the following method:

The responsible party shall secure an appraisal of the condition and value of the damaged tree(s) as existing prior to damage. The appraisal shall be done in accordance with the then current edition of the Guide for Establishing Values of Trees and Other Plants by the Council of Tree and Landscape Appraisers under the auspices of the International Society of Arboriculture. The appraisal shall be done at the responsible party’s sole expense, and the appraiser shall be subject to the City’s approval, which it shall not unreasonably withhold. The appraisal shall be performed by a certified arborist, as that term is defined by the Western Chapter of the International Society of Arboriculture; a consulting arborist who satisfies the requirements of the American Society of Consulting Arborists; or such other arborist who, after review by the Community Development Department, is determined to meet the standards established for certified or consulting arborists.

If the appraised value of the tree(s) is $25,000 or less, the responsible party shall deposit with the City of Oakley, in cash or such other security as may be acceptable to the Director, an amount equal to the value of each tree within the development area of the site. If the appraised value of the tree(s) is over $25,000, the responsible party shall deposit with the City of Oakley in cash or such other security as may be acceptable to the Director an amount equal to $25,000 plus fifty percent (50%) of the additional amount over $25,000. (Ex. Appraised value of tree(s) equals $45,000. Deposit equals $35,000 ($25,000 plus fifty percent (50%) of the remaining $20,000).) The remaining unpaid portion of an appraisal over $25,000 shall be paid in full within a period of one hundred eighty (180) days of the initial deposit.

Appraisal Value of Tree(s)	Initial Amount Due	Amount Due w/in 180 Days
Up to $25,000	Full amount	N/A
Over $25,000	($25,000) + (50% of remaining amount)	(Full appraisal amount) – (Initial amount due)

As an alternative to this subsection, the Director may implement the replacement requirements in subsection (g)(11) of this section.

Application.

Any application for a permit to destroy, cut down or remove a protected tree shall be submitted to the Community Development Department by the owner or his authorized agent (satisfactory evidence of such authorization to be submitted with the application) on the form provided by the Community Development Department together with any specified fee;

The application shall contain the location, number, species, and size of the protected tree to be destroyed, cut down or removed and a statement of reasons for the proposed action, together with such other information as may be required by the Community Development Department, including an arborist report.

Procedure. Before issuing a permit, the Director shall have inspected or cause to be inspected the property, the protected tree that is the subject of the permit, and the surrounding area. A permit shall be granted, modified, conditioned, or denied based upon the following factors:

The health, damage, or danger of falling of the protected tree that is the subject of the permit and whether said protected tree acts as a host for plants or animals parasitic to other trees which are endangered thereby;

The presence of public nuisance factors, and the proximity to or interference with utilities, or interference with existing buildings to the extent that a tree or trees cannot be trimmed or buttressed to fit the site;

The prevention of development as a result of protected tree protection and preservation;

The pursuit of good professional practices of forestry or landscape design.

Development Coordination.

An application for a permit to destroy, cut down or remove any protected tree in connection with any development shall be submitted and combined with the initial application for approval of the development and shall be considered together with the review and decision on the development;

The proposed development shall indicate all protected trees on its plan. The protected trees shall be evaluated and their individual treatment considered with respect to the land use and proposed development;

The Community Development Department may grant, grant with modifications or conditions, or deny the requested protected tree removal application; and

Any appeal of a decision made by the Community Development Department on the requested protected tree removal application shall be made in the same manner and subject to the same procedure as a decision on the involved combined planning or subdivision entitlement for the development.

Review and Site Inspection. Prior to making a decision, the Director shall review the application using the criteria and factors specified in this article. Application review may include a site visit.

10)

Factors. In granting or denying the tree permit the following factors shall be considered:

General.

(1)

The proximity and number of other trees in the vicinity;

(2)

The relationship of the subject property to general plan open space or open space plans and policies.

For Approval.

(1)

The arborist report indicates that the tree is in poor health and cannot be saved;

(2)

The tree is a public nuisance and is causing damage to public utilities or streets and sidewalks that cannot be mitigated by some other means (such as root barriers, etc.);

(3)

The tree is in danger of falling and cannot be saved by some other means (such as pruning);

(4)

The tree is damaging existing private improvements on the lot such as a building foundation, walls, patios, decks, roofs, retaining walls, etc.;

(5)

The tree is a species known to be highly combustible and is determined to be a fire hazard;

(6)

The proposed tree species or the form of the tree does not merit saving (i.e., a tree stunted in growth, poorly formed, etc.);

(7)

Reasonable development of the property would require the alteration or removal of the tree and this development could not be reasonably accommodated on another area of the lot;

(8)

The tree is a species known to develop weaknesses that affect the health of the tree or the safety of people and property. These species characteristics include but are not limited to short lived, weak wooded and subject to limb breakage, shallow rooted and subject to toppling.

For Denial.

(1)

The applicant seeks permission for the alteration or removal of a healthy tree that can be avoided by reasonable redesign of the site plan prior to project approval (for nondiscretionary permits);

(2)

It is reasonably likely that alteration or removal of the tree will cause problems with drainage, erosion control, land stability, windscreen, visual screening, and/or privacy and said problems cannot be mitigated as part of the proposed removal of the tree;

(3)

The tree to be removed is a member of a group of trees in which each tree is dependent upon the others for survival;

(4)

The value of the tree to the neighborhood in terms of visual effect, wind screening, privacy and neighboring vegetation is greater than the hardship to the owner;

(5)

If the permit involves trenching or grading and there are other reasonable alternatives including an alternate route, use of retaining walls, use of pier and grade beam foundations and/or relocating site improvements;

(6)

Any other reasonable and relevant factors specified by the Director.

11)

Decision. The Director shall grant or deny tree permits in accordance with this chapter and code, unless the application is part of a development application, in which case the Planning Commission or City Council will grant or deny the permit. As part of the tree permit application, the applicant shall propose the manner in which the removed tree(s) will be replaced, subject to this subsection.

Replacement options include:

(1)

Replacement of the removed tree(s) at a three to one ratio with twenty-four (24) inch box trees;

(2)

Replacement of the tree(s) at a twelve (12) to one ratio with fifteen (15) gallon trees;

(3)

Payment of in-lieu fees equal to the replacement trees’ value and installation costs, as calculated with a twelve (12) to one ratio of fifteen (15) gallon trees; or

(4)

A combination of replacement and payment of inlieu fees.

The Director or Planning Commission/City Council may exercise discretion in applying any of the available options.

All replacement trees shall be guaranteed by the applicant to survive for at least one year from the date of installation and irrigation. If any replacement tree fails to survive for a period of one year from the date of installation and irrigation, then the applicant shall replace the tree at the applicant’s sole expense.

Single tree permits shall be valid for a period of ninety (90) days and may be renewed for additional periods by the Director upon request by the applicant. Collective tree permits shall be valid for a period of time to be determined by the Director based upon individual circumstances.

Replacement Type	Existing Condition (Ex. 4 trees to be removed)	Replacement Result
24-inch box trees	3:1 x 4 trees = 12 24-inch box trees	The applicant shall install a total of 12 24-inch box trees in addition to already existing street tree requirements.
15-gallon trees	12:1 x 4 trees = 48 15-gallon trees	The applicant shall install a total of 48 15-gallon trees in addition to already existing street tree requirements.
In-lieu fee	Cost of tree and installation of: 1) 48 15-gallon trees; or 2) The remaining in-lieu fee after any replacement.	The applicant shall either pay in-lieu fees equal to the cost of each 15-gallon replacement tree, including installation cost, or provide a combination of replacement and in-lieu fees that would result in replacement fulfillment. If the number of replacement trees is high and the project area cannot support all of the replacement trees with existing tree requirements, in-lieu fees or a hybrid approach is appropriate.

If a permit is denied, the Director and/or Planning Commission/City Council shall state the reason for denial. Notice of decision shall be mailed to the applicant.

Appeals. Any person may appeal the Director’s decision within ten (10) calendar days of the Director’s decision to the Planning Commission in accordance with Section 9.1.1612. Appeals shall be made in writing and state the specific reasons why the decision does not meet the criteria and factors for granting or denial of a permit as stated in this chapter.

Permit Exceptions.

No Permit. A tree permit is not required for the following situations:

Hazardous Situation. Any tree whose condition creates a hazardous situation that requires immediate action as determined by the Director, Building Inspector, Chief of Police, involved fire district or a utility company to protect its facilities. During off-hours, when officials described above are unavailable, the hazardous situation may be corrected and a report of the incident and description of the hazard shall be submitted to the Director within ten (10) days of the incident.

Prior Approval. Any tree whose removal was specifically approved as a part of an approved development plan, subdivision, other discretionary project or a building permit.

Routine pruning not involving topping or tree removal.

Commercial Plantings. Planting, removal and harvesting in connection with Christmas tree farms, orchards, and nurseries.

Rangeland Management. Normal activities associated with range management and the disposition of wood incidental to rangeland management on agriculturally zoned properties (with each parcel containing at least twenty (20) acres but also including properties in adjacent common ownership interest of at least twenty (20) acres) will not require a tree permit. "Rangeland management activities" are defined as including but not limited to the clearing and thinning of trees for purposes of reducing fire risk or enhancement of forage production, removing obstruction to stormwater runoff flow, maintaining adequate clearance on range roads and fire trails, fencing maintenance and protecting equipment and constructions.

Public Agencies/Utilities. Trimming and clearing within public agency or utility easements and rights-of-way for maintenance of easement or right-of-way will not require a tree permit. Lands owned by public utilities and used for administrative purposes or uses unrelated to the public service provided by the utility are not exempted under this provision.

Proposed Development.

On any property proposed for development approval, tree alterations or removal shall be considered as a part of the project application.

All trees proposed to be removed, altered or otherwise affected by development construction shall be clearly indicated on all grading, site and development plans. Except where the Director otherwise provides, a tree survey shall be submitted as a part of the project application indicating the number, size, species and location of the drip line of all trees on the property. This survey shall be overlaid on the proposed grading and development plans. The plan shall include a tabulation of all trees proposed for removal.

The granting or denial of a tree removal program, which is a part of a development proposal covered by this section, shall be subject to subsection (g)(6) of this section. A separate tree removal permit shall not be required.

Deposit Conditions. Prior to the issuance of any grading or building permit for a property where trees are required by this chapter to be saved, the owner or developer shall deposit cash or other acceptable security with the department on a per tree basis in the amount established by the involved development’s conditions of approval or approved applications.

As required, the City may hold the deposit to guarantee the health of the trees for a two-year period beyond completion of construction. In addition, the applicant or developer may be required to enter into a tree maintenance agreement secured by said deposit/bond by which they agree to maintain said trees in a living and viable condition throughout the term of the agreement. This agreement may be transferred to any new owner of the property for the remaining length of the agreement.

Violations.

Violations of this chapter are punishable and may be corrected in any manner provided by this code or as otherwise allowed by law. Each tree damaged or removed in violation of this chapter shall constitute a separate offense and a public nuisance, and may be prosecuted as such.

(Ord. 19-11, 9/13/2011)

§ 9.1.1114 Tree Preservation.

(Repealed by Ord. 19-11, 9/13/2011)

§ 9.1.1116 Park Dedication.

Refer to Article 2 of this chapter.

§ 9.1.1118 Lots.

Division and Consolidation.

Conveyance and Division Restriction. No person shall divide or convey a lot or portion thereof if this results in one or more lots violating the area, width, yard, or setback requirements of Article 4 of this chapter.

Land Satisfying Requirements. Land used to satisfy the area, width, yard, or setback requirements for one dwelling unit cannot satisfy those requirements for another unit.

Small Lot Occupancy. Any lot of less area or width than required by Chapter 4 may be occupied by a single family dwelling and its accessory buildings if: (1) the owner does not own adjoining land to meet those requirements, (2) the yard and setback requirements of Article 4 of this chapter are met, and (3) the lot is delineated on a recorded subdivision map, or its ownership is on record in the County Recorder’s Office, on the effective date of the zoning district applicable to the lot.

Required Area Reduced by Public Use. If part of a lot or parcel of land having not less than the required area for its land use district is acquired for public use in any manner, including dedication, condemnation, or purchase, and if the remainder of the lot or parcel has not less than eighty percent (80%) of the area required for its land use district, the remainder shall be considered as having the required area, but setback, side yard, and rear yard requirements shall be met. If a lot or parcel of land has an authorized nonconforming status as to area under any City ordinance, the parcel shall retain its nonconforming status if the acquisition for public use does not reduce the remainder below eighty percent (80%) of the existing nonconforming area. The setback, side yard, and rear yard requirements of the land use district shall be met, except for buildings or structures in existence at the time of public acquisition.

Land on District Boundaries. When any district boundary line divides a lot or parcel of land owned of record as one (1) unit at the time this chapter becomes effective, the regulations applicable to that part of the land lying within the least restricted district shall apply.

§ 9.1.1120 Home Business Permits.

Definition. A Home-Based Business is a commercial business or other activity conducted in a residential dwelling by the resident of the dwelling unit, whereby the activity is clearly incidental and subordinate to the use of the dwelling as a residence., and which results in no external alteration to the appearance of the dwelling unit and will not change the residential character of the unit.

Purpose. The purpose of the Home-Based Business is to maintain the quality and integrity of neighborhoods, while promoting home-based businesses that meet the above definition. All Home-Based Businesses require a permit.

Requirements.

The Home-Based Business shall meet the following requirements:

Incidental and subordinate to the residence, as determined by Planning staff.

A maximum of one employee that is not a resident of the site may be allowed per parcel, as long as the parking requirements are met and off-street parking is not impacted. A maximum of two home-based businesses shall be allowed per parcel; however, no such limit shall apply to Internet-only based businesses allowed per parcel.

Delivery vehicles shall be limited to those types of vehicles that typically make deliveries to single-family neighborhoods, including the U.S. Postal Service, UPS, Federal Express, and delivery courier services using light vans. No deliveries by semi-trucks or other vehicles typically associated with service to commercial areas are allowed.

No customers or clients shall be served from the residence, with the exception of in-home lessons for educational purposes, not to exceed six (6) people in total, as long as it does not create a nuisance to neighbors or those uses approved by State law.

ii.

The Home-Based Business shall not:

Result in significant interior alterations or remodeling of home in connection with the home business. There shall be no exterior indication of the home occupation.

Result in outdoor storage or display of merchandise, equipment, appliances, tools, materials, or supplies associated with a Home-Based Business. Storage of flammable or hazardous materials shall not be allowed without Fire Department approval.

Result in the installation of advertising signs, window display, or other identification of the Home-Based Business on the premises, except the existence of a sign painted on one vehicle used in the business.

Result in the reduction of the required parking for the residence or result in the addition of the use of on-street parking in excess of typical residential use.

Result in more than 25% of the total floor area of the dwelling for use by the business, including the use of the garage. Garages may be used as long as the parking requirements can still be met (Two off-street spaces outside of front setback). Existing permitted accessory structures may be used and are subject to the 25% limit (basing the percentage on both units).

Be used as a staging area for employees to meet and disperse in company vehicles.

Create any excessive noise, vibration, glare, fumes, dust, or electrical interference to adjacent residents during the typical work hours of 7:30 a.m. to 5 p.m. (weekdays), and does not create any detectable noise, vibration, glare, fumes, dust, or electrical interference to adjacent residents beyond the typical work hours.

Result in excessive use of, or unusual discharge with respect to one or more of the following utilities: water, sewer, electric, garbage or storm drains.

Result in the preparation or packaging of food, otherwise known as a Cottage Food Operation as defined by Health and Safety Code Section 114365 or a Microenterprise Home Kitchen Operation as defined by Health and Safety Code Section 113825, unless the business owner provides the City of Oakley with a full copy of the approved Contra Costa Health Services Registration/Permitting Form for the proposed business. The form shall be dated and approved by an officer of Contra Costa Health Services prior to approval of a City of Oakley Home-Based Business Permit application. Notwithstanding this section, operators of a Cottage Food Operation or Microenterprise Home Kitchen Operation may have customers visit the residence by appointment so that no more than one vehicle will visit at any given time.

10.

Result in the generation of vehicular or pedestrian traffic in excess of that associated with the residential use.

11.

Result in the use of yard space or any activity outside the main house or accessory building which is not normally associated with a residential use. This includes the storage of fill materials including dirt, rock, bark and similar materials.

12.

Result in more than one commercial vehicle being used or stored in conjunction with a single home-based business, up to a maximum of two vehicles for two separately licensed home-based businesses per parcel. A commercial vehicle shall be any vehicle used in conjunction with the business and/or with external evidence of it being related to the business (i.e., on-vehicle storage of supplies or on-vehicle signage), or as defined in California Motor Vehicle Code ("CMVC") Section 15210. Vehicles such as, but not limited to, dump trucks, cement trucks, tow trucks, equipment trailers, semis or tractor trailers, or as otherwise covered under CMVC Section 15210 shall not be allowed.

13.

Result in the repair of vehicles, the use of sprayers, or other similar activities.

14.

Other uses which the Community Development Director determines to be inappropriate or incompatible with a residential neighborhood.

15.

Result in the sales of firearms and ammunition.

Large Lot Residential Sites (R-40 or greater). On parcels Zoned R-40 or greater, minor deviations from the above standards may be granted where it can be demonstrated that the home-based business will not impact adjoining properties and the integrity of the residential neighborhood. For example, a minor deviation may be granted to allow for a limited quantity of outdoor storage on a large lot where the material would not be visible from adjoining properties. In order to process a minor deviation:

An applicant shall request a minor deviation as part of the application and demonstrate how the deviation will not negatively impact adjoining properties or the residential integrity of the neighborhood;

Minor deviations considered on a case-by-case basis by the Community Development Department;

The Community Development Department shall notify adjoining residents and land owners by mail of the request for a home-based business with a minor deviation, including residents and owners to the sides, front, and rear of the subject property;

The Community Development Director may approve minor deviations subject to conditions to ensure the minor deviation will not negatively impact adjoining properties or the residential integrity of the neighborhood.

Appeal Process. The appeal of a staff decision on a Home-Based Business Permit is required to be submitted within thirty (30) days, and the Zoning Administrator would hear the decision, after noticing to adjacent (including sides, front and rear) residents. The appeal of a Community Development Director decision would be heard by the Planning Commission, and if necessary the City Council.

Transitioning of New Requirements.

Existing Home-Based Business Permits.

Existing permit holders may continue to operate in conformance with the regulations and conditions of approval of their permit as a non-conforming use for one year after adoption of new regulations. An existing permit holder may request to continue to operate beyond the one-year transition period as a nonconforming use based upon the following:

The home-based business has been operating in conformance with the regulations in effect when the permit was granted and its conditions of approval; and

ii.

The home-based business does not negatively impact adjoining properties or the residential integrity of the neighborhood.

The Community Development Director may approve, approve with modifications, or deny a home-based business permit that is under consideration as a non-conforming use beyond the one-year transition period.

The nonconforming status of a home-based business permit shall automatically expire if the permit lapses, or if the applicant fails to comply with the regulations and conditions of approval upon which it is granted.

(Ord. 02-13, 2/26/2013; Ord. 03-13, 2/26/2013; Ord. 06-14, 5/13/2014; Ord. 19-18, 11/13/2018)

§ 9.1.1121 Large Family Child Care Permit.

(Repealed by Ord. 04-20, 3/10/2020)

§ 9.1.1122 Yards.

Special Yard Requirements. Except as herein provided, every required yard shall be open and unobstructed and shall not be reduced or diminished in area so as to be smaller than prescribed by this ordinance. All uses shall be conducted indoors unless a use permit for outside storage has been approved.

Yards on Dual Frontage Lots. Where the front and rear of a lot both have street frontage on approximately parallel streets, no above-ground structure shall be located closer to either street than the distance constituting the required front yard, except on those parcels where street access is restricted by regulations of a public authority, in which case building additions (not accessory structures) may be located within the yard where street access is restricted subject to requirements for rear yards.

Yard Exceptions – Garages on Slopes.

Wherever the difference in elevation exceeds five feet (5’) between the front yard setback line and:

The existing or planned street grade; or

ii.

The rear line of a front yard.

Wherever the difference in elevation exceeds two-and-a-half feet (2 1\2’) between the side street property line and the rear line of a side street yard. Then, the horizontal distance from any garage or parking space in no case shall be less than five feet (5’) from the property line or an official plan line. This exception shall not apply on those streets where no on-street parking is permitted along the lot frontage unless a minimum of 2 additional spaces are provided on site in conformance with all required yard and design requirements.

Special Yards – Lots with Approved Private or Easement Access. The required minimum yards for a lot that has indirect access via an approved private access or an easement to a public street shall be the same as that required for a lot that has direct access onto a public street.

Special Yards – Swimming Pools, Hot Tubs, Spas. In any R or residential P-1 district, swimming pools, hot tubs, and spas may be located in any yard other than the required front or side street yard; provided, that no wall line of a pool, pool equipment, or water feature related to a pool shall be closer than five feet from any property line. Pool equipment with a decibel level of forty-five (45) dB or less achieved through original design or sound dampening enclosures may encroach into the rear, side, and corner side yard setbacks to the property line.

Special Yards – Handicap Accessibility. Ramps shall meet setback requirements of each zoning district. Exceptions shall be made for reasonable accommodation where no practical alternative exists and where building/fire code requirements are met.

Front Yards – Driveway Width and Coverage.

Driveways and parking areas located on residential zoned lots and nonresidential zoned lots with legal nonconforming residential uses shall not result in more than twenty-five (25) feet in width or a width greater than fifty percent (50%) of the width of the required front yard, whichever is greater. Cul-de-sac or pie-shaped lots can exceed the fifty percent (50%) by an additional ten (10) foot wide driveway located in the front yard to allow access to a side or rear yard or for additional front yard parking.

For lots with nonparallel side lot lines or irregular lot shapes, "required front yard width" (i.e., "width of the required front yard") shall be calculated by dividing the area of the required front yard by the applicable front yard setback. For all other lots, the width of the front lot line shall be used.

Driveways and parking areas shall consist of a wholly contiguous and completely adjacent area. For the purposes of this subsection, "wholly contiguous and completely adjacent area" shall mean the area exists as a single driveway and parking area, and is not connected by strips of concrete or other improved surface, nor is it separated by landscaped or unimproved areas.

Additions to driveways or parking areas shall:

Serve the purpose of providing either (1) additional off-street parking between the existing driveway and side property line nearest the existing driveway, or (2) access to a side yard directly adjacent to the existing garage; and

Consist of an improved surface of a matching material to the original driveway or a decorative solid material, such as pavers or stamped concrete, subject to the review and approval of the Oakley Planning Division.

Not consist of loose materials, including but not limited to gravel, decomposed granite, dirt, or rocks, whether or not such material is combined or sprayed with a bonding agent.

Notwithstanding subsections (f)(3) and (4) of this section, for single-family homes, a second curb cut is permitted on lots that are zoned R-15, R-20, R-40, AL, or P-1 with minimum lot sizes of at least fifteen thousand (15,000) square feet, and where subsection (f)(1) of this section is met. For homes with legally established second curb cuts, a second driveway may be installed, subject to the maximum width allowances of this subsection, as measured in conjunction with the main driveway. If the second driveway is a ribbon-style driveway, the width of ribbon driveway shall be measured from the outside edges of each strip, and include any areas in between the strips.

All driveways and parking areas shall only be accessible from legally established curb cuts and/or driveway approach aprons.

Nonpermitted driveways and parking areas that were installed prior to June 1, 2018 (e.g., detached second driveways on lots zoned R-6 through R-12 or P-1 with minimum lot size under fifteen thousand (15,000) square feet, driveways accessed from ADA ramps or sidewalk curbs), and that do not meet the current code, are allowed to remain in place subject to the following conditions:

Nonpermitted driveways that are detached from the main driveway shall not be used for the parking of any type of vehicle, but may be used as access to park a motor vehicle or RV/trailer/boat, etc., in a side or rear yard, outside of a required front yard setback, and behind a minimum six-foot-tall solid fence, so long as the parking of that vehicle is permitted in residential districts and does not violate line of sight safety triangle; and

The user of the driveway understands that on-street parking on public streets is not reserved for residents of the adjacent home, and in no circumstance does that resident/owner reserve the right to blockade, cone off, or otherwise reserve access to and from the driveway over a sidewalk or pedestrian ramp, except through the legal parking of a registered street vehicle.

Any resident with a nonpermitted driveway shall be required to make application prior to November 1, 2018, that asserts by attestation and documents by photos that the nonpermitted driveway existed prior to June 1, 2018, acknowledges that the nonpermitted driveway was never permitted, that any damage to the sidewalk and/or ADA ramp is the sole responsibility and liability of the resident, and that the resident indemnifies and holds harmless the City for any claim, injury or adverse incident that occurs due to the use of the nonpermitted driveway.

All additional driveways and parking areas installed after June 1, 2018, shall be consistent with subsections (f)(1) through (6) of this section, shall be subject to review and approval through Planning Division prior to installation, and shall be subject to issuance of an encroachment permit through the Public Works and Engineering Department for any concrete proposed to be installed within the public right-of-way.

Building Projections into Yards.

The following projections into yards shall comply with all applicable building code requirements. The following features of permanent structures that are attached to the main building may project into a required yard as follows, except that no projection shall be any closer to three feet from any property line:

Cornice, eave, overhang and ornamental feature: two and one-half feet;

ii.

Chimney, fireplace or entertainment media pop-out no more than eight feet wide: three feet into a front or rear yard and two feet into a side yard;

iii.

Greenhouse and bay window: two and one-half feet into a front or rear yard and one and one-half feet into a side yard;

iv.

Porch, fire escape, landing and open staircase: four feet into a front or rear yard and two feet into a side yard;

Awning or canopy: four feet;

vi.

Uncovered deck, patio, porch and steps, and subterranean garage and basement: four feet into front or rear yard and two feet into side yard if over one and one-half feet above adjacent grade; if not more than one and one-half feet above grade, then the object may project to within three feet from all property lines;

vii.

"Unenclosed" (open on at least three sides) covered deck, covered patio, and carport: subject to Section 9.1.1802, Accessory Structures Development Regulations;

viii.

"Partially enclosed" (closed on at least two but no more than three sides) structures, such as an outdoor room (e.g., California room), and covered deck, patio, or porch: four feet into a required rear yard and five feet into required side yard;

ix.

"Fully enclosed" (closed on all sides), such as an outdoor room with walls or windows surrounding: subject to main structure setbacks;

Decks and balconies located above the first floors, whether supported or unsupported: subject to all setbacks for the main building.

(Ord. 18-16, 8/9/2016; Ord. 07-17, 5/23/2017; Ord. 12-18, 8/14/2018; Ord. 07-20, 5/12/2020)

§ 9.1.1124 Height.

Height: Exceptions.

Chimneys, cupolas, flag poles, or similar architectural appurtenances, if attached to a building shall not exceed a height of fifteen feet (15’) unless authorized by the Community Development Director or other approval authority for two-story dwellings. If not attached to a building, they shall not exceed twenty feet (20’) in height unless authorized by the Community Development Director or other approval authority;

Church steeples may be exempted from the height requirements as long as the steeples are in scale with the design of the church/religious facility and surroundings, as determined by the Community Development Director or other approval authority;

Height – Accessory Building. Accessory buildings in residential districts shall not exceed fifteen feet (15’) in height except: Detached garages may have living space above, in which case the height shall not exceed two stories or thirty feet (30’).

§ 9.1.1126 Commercial Screening and Color Schemes.

Commercial Screening Requirements. All commercial uses, including the storage of vehicles, equipment, and materials, if not located entirely within a completely enclosed building, shall be entirely enclosed by a tight uniform screen, not less than six feet high. This requirement shall not apply to nurseries or to the display on a street frontage for sales purposes of new or used cars, trucks, trailers, or farm equipment in operative condition. All commercial screening shall be consistent with the City of Oakley Commercial and Industrial Design Guidelines.

Outdoor Facilities Screening Requirements.

Permit Conditions: Ground for Denial. A use permit for outdoor storage, display, or food service may require yards, screening, or planting areas necessary to prevent adverse impacts on surrounding properties and the visual character of scenic areas. If such impacts cannot be prevented, the Planning Commission shall deny the use permit application.

ii.

Exceptions. Notwithstanding the provisions of paragraph (i) above, outdoor storage and display shall be permitted in conjunction with the following use classifications in districts where they are permitted or conditionally permitted.

Nurseries, provided outdoor storage and display, are limited to plants only.

Vehicle/Equipment Sales and Rentals, provided outdoor storage and display shall be limited to vehicles or equipment offered for sale or rent only. All vehicles and equipment shall be confined to private property of the site.

Temporary uses as reviewed and approved by the Community Development Director.

iii.

Screening. Except for the use classifications excepted by paragraph (ii) above, outdoor storage and display areas including merchandise, materials or equipment for sale or customer pickup, shall be screened from view of streets by a solid fence or wall. The height of merchandise, materials, and equipment stored or displayed shall not exceed the height of the screening fence or wall. In other districts, screening shall be provided as prescribed by the use permit.

Coin-Operated Vending Machines. Each machine located within 300 feet of an R district, except for machines located on the site of a service station, shall be screened from view from public rights-of-way.

Mechanical Equipment Screening Requirements. Screening Specifications. Screening materials may have evenly distributed openings or perforations averaging 50 percent of the surface area and shall effectively screen mechanical equipment so that it is not visible from a street or adjoining lot.

Mechanical Equipment. Except as provided in paragraph (2) below, all visible exterior mechanical equipment shall be screened from view on all sides. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, duct work, and transformers. Satellite receiving antennae shall be screened as prescribed by paragraph (3) below. Screening of the top of equipment may be required by the Community Development Director, if necessary to protect views from an R district. Screening of mechanical equipment shall be subject to review and approval of the Community Development Director.

Utility Meters. Utility meters shall be screened from view from public rights-of-way, but need not be screened on top or when located on the interior side of a single-family dwelling. Meters in a required front yard or in a side yard adjoining a street shall be enclosed in subsurface vaults when feasible.

Satellite Antennae. The structural base of a satellite antenna, including all bracing and appurtenances, but excluding the dish itself, shall be screened from public rights-of-way and adjoining properties by walls, fences, buildings, landscape, or combinations thereof not less than four feet high so that the base and support structure are not visible from beyond the boundaries of the site at a height-of eye six feet or below.

Parking Lot Screening Requirements. These standards shall apply to all commercial, industrial, and institutional parking lots. In locations where mandatory minimum setback or yard requirements are imposed by the Zoning Ordinance, the mandatory setback shall prevail.

Views of parking lots shall be substantially screened from adjacent streets. Landscaping, fences, walls, screen structures, buildings or combinations of these can be used to screen views. All required screening shall be provided on-site.

Screen planting and/or structures that are taller than 2’-6" in height when measured from adjacent parking lot grade generally will provide adequate visual screening. Solid and continuous screen planting or structures over 3"-0" in height, however, can inhibit visual access that is necessary for security and public safety. Variations in height above 3’-0" such as those provided by occasional trees or widely spaced taller shrubs can be used to ensure both security and screening.

Landscape screen planting at grade should maintain a minimum 3’-0" planting width to provide adequate room for effective plant growth. At grade, planter widths that are less than 3’-0" provide inadequate screening and they should only be used in combination with a wall, fence, raised planters or other screen structure.

Parking lot screening that is only provided by landscape planting shall be of a material capable of height and density to provide a positive visual barrier within two (2) years of the time of planting. Species, installation sizes and irrigation systems will be evaluated for conformance with this requirement prior to final approval of the landscape plan (See Section 9.1.1108).

All required plants shall be maintained in a healthy pest-free condition. Within two (2) months of a determination the Community Development Department that a plant is dead or severely damaged or diseased, the plant shall be replaced by the property owner or owners in accordance with the planting standards approved in the landscape plan.

Parking lot screen structures shall be visually interesting. They should be compatible in design, quality, color and materials of the project buildings to promote unified design.

In locations where significant views of parking lots are unavoidable due to such features as: driveway entry widths; topography; or building orientation, visually interesting pavement and interior landscape treatments are encouraged. Pavement color, texture and material changes and canopy trees provide visual interest and visually break up large expanses of pavement.

All screening and parking lot improvements shall be subject to the review and approval of the Community Development Director.

Building Color Requirements.

Commercial Downtown District (C-D).

Facade Remodels/New Building Construction. When facades are remodeled or new buildings constructed, the adopted Oakley Redevelopment Area Planned Unit District Design Guidelines should be followed in order that the basic design framework of the C-D District in conserved. For buildings where consistency of architectural character has been lost through past actions the preferred design solution is to restore or establish a consistent character. In general, each building should reflect a single type of architecture expressed through consistent use of fenestration, detailing, materials and texture, body color, awnings and roofs regardless of how many businesses occupy the building. Paint colors which are extremely bright, which immediately attract the eye, or which could not be readily included in a "subdued" color palette are not considered appropriate colors. The City strongly encourages the participation of the property owner in the design review process to achieve this end. When plans for remodels are reviewed for approval, the Community Development Department must find the following to be true:

The proposed modification contributes to, restores or achieves consistency of architectural character and scale when considering the building or courtyard as a whole.

The proposed modification does not incorporate materials, patterns or other design elements that would:

i.)

Call attention to the building;

ii.)

Create a form of advertising or sign through architectural treatment;

iii.)

Renders the storefront unusable by a different business occupant without further remodeling;

iv.)

Create a standardized identification with a particular business use which would preclude a variety of future businesses from utilizing the same building in the future.

Roofing Materials.

Roofing materials shall be selected that are consistent with the design character of the buildings on which they are placed. Roofing materials should be consistent in color and composition on each roof plane of the building and on the roofs of each building within a single complex or courtyard.

ii.

Other Commercial Districts (RB; C; BPL; BPH; CR-A; CR-NA).Color schemes for business buildings in all commercial districts, except The Commercial Downtown District (CD), shall be subject to the City of Oakley Commercial Design Guidelines.

§ 9.1.1128 Parking Lot and Storage Area Paving Regulations. – Reserved.

(Reserved)

§ 9.1.1130 (Reserved)

(Ord. 03-09, 1/27/2009)

§ 9.1.1132 Development Plan.

Development Plan approval is required for all office, commercial, industrial, multi-family residential development and new subdivisions.

Following receipt of a complete development plan application, the Community Development Department will study the request, conduct an investigation of the site, and assess the impact and design consideration of the proposal. The Community Development Director has the discretion to refer the application to the Planning Commission. If the Community Development Director decides to refer the application, a written report will be prepared for the Planning Commission, which will analyze the project and provide a staff recommendation.

Oakley City Zoning Code

ARTICLE 11

§ 9.1.1102 Accessory Dwelling Units.

§ 9.1.1104 Accessory Structures. – Reserved.

§ 9.1.1106 Historic Preservation. – Reserved.

§ 9.1.1108 Landscape Requirements. – Reserved.

§ 9.1.1110 Fences and Other Structures.

§ 9.1.1112 Heritage and Protected Trees.

§ 9.1.1114 Tree Preservation.

§ 9.1.1116 Park Dedication.

§ 9.1.1118 Lots.

§ 9.1.1120 Home Business Permits.

§ 9.1.1121 Large Family Child Care Permit.

§ 9.1.1122 Yards.

§ 9.1.1124 Height.

§ 9.1.1126 Commercial Screening and Color Schemes.

§ 9.1.1128 Parking Lot and Storage Area Paving Regulations. – Reserved.

§ 9.1.1130 (Reserved)

§ 9.1.1132 Development Plan.