Planning Commission - Regular Meeting

Alright. Let's get started. The regular meeting of the Oakley Planning Commission is called to order. Roll call. Vice chair Price? Here. Commissioner Harvey? Here. Commissioner Chuco? Present. Commissioner Oliveros is absent. I am chair Verdusco present. If you are able to, please stand and join me for the pledge of allegiance. Thank you. So item number two, public comments.

At this time, public comments will be heard for items not on the agenda. I do not have any public speaker cards submitted. To submit a public speaker comment, please complete a speaker card located in the lobby and submit to the city clerk. The time limit to speak is three minutes. The time limit is monitored by the timer located in front of the chair's seat. When one minute remains on the timer, it will beep once and the light will turn yellow as a reminder to complete comments before your time expires. We now move on to the consent calendar. Agenda item 3.1, approve minutes from the regular planning commission meeting held 06/03/2025. Is there any discussion, or would someone like to make a motion to approve the consent calendar? Make a motion to approve.

I second this motion.

I have a first and a second, so I'll call for a vote. All in favor of approving the consent calendar from 06/03/2025, please say aye. Aye. Any opposed? No oppose and I vote aye. No oppose or abstention. The motion passes. We now move on to public hearings. Item 4.1, Mathnasium Conditional Use Permit, CUP twenty twenty five dash zero four. Mister Evan Gorman?

Yes. Thank you very much, chair and commissioners. I'm gonna take thirty seconds to get the presentation loaded, and I appreciate your patience. We'll need one more minute. Thank you for being so patient.

Alright. Thank you so much for your patience there, chair and commissioners. I'm Evan Gorman. I'm associate planner for the city of Ley, and tonight's item is the magnesium conditional use permit. First, we want to get an idea of the location for tonight.

And so our project location is there near the center of town where that star is, and I'll get you a closer look. This is a rendering of the Oakley shops at Laurel Fields Shopping Center. It's currently under construction. You'll see the envelopes of the buildings if you were to go out there, and they're working on the site. It's at the Northeast Corner of O'Hara Avenue and Laurel Road.

And then over in the top left corner of the image is the project site for tonight. Tonight, we're looking at a conditional use permit application. The the applicant is requesting approval of a conditional use permit for a math tutoring facility in the new Oakley Shops at Laurel Field Shopping Center. The facility would be a Mathnasian Learning Center, a math only tutoring facility for students in grades k through 12. Mathnasium is a nationally recognized tutoring brand with locations across the country.

The center would provide general math instructions, homework assistance, and test preparation. The proposed hours of operation are Monday through Friday from 11AM to 7PM and Saturday and Sunday from 10AM to 2PM. The space would be furnished with tables and chairs for instructor led sessions along with a dedicated station for instructors to conduct online tutoring as well, which is a little unique. And students would be dropped off, or the idea is that students would be dropped off and then picked up by their guardians following the one hour sessions. Here for a visual, in the top left corner, outlined in orange, is the tenant space, as you would see it walking up to it from the inside of the shopping center, which we haven't been there yet.

But in the future when we're in there, that's what you would look at. And then, the back of it, you can see now if you drive through, drive along O'Hara, and that's the top right image. And again, the tenant space is outlined in orange. And then the bottom image is the proposed floor plan that the applicants put together that shows the instructor and student areas and as well as the station for online based lessons. Unlike other businesses, you know, they don't need a public hearing, so why does this one need one?

This proposed use is defined in the municipal code as an educational facility and includes small, generally less than 2,000 square foot spaces designed to augment the learning process of students, and the municipal code requires the approval of a conditional use permit in the retail business district. The purpose of a conditional use permit is to allow cities to review and regulate uses that may be appropriate in some locations but not in others, or they may be appropriate only if operated in a certain manner. Conditions can be imposed through the public hearing process to minimize negative impacts on neighboring properties or the community. A conditional use permit also provides an opportunity for neighbors and stakeholders to provide public comment during a public hearing. Alright.

Now along with every application, we typically have a staff analysis and that's the same here. We don't approve or disapprove things based on a vibe. To grant the conditional use permit, the planning commission must make a series of findings for approval, including that the proposed use is appropriate for the site in terms of size, shape, and and design, is served by adequate streets and infrastructure, is compatible with the character of the surrounding area, and consistent with the general plan. And finally, that it supports the orderly growth of the community and complies with the California Environmental Quality Act. And really, I mean, when you look at those findings, those are more tailored to a newer city or 25 old.

And so you're looking at development on sites that haven't had buildings in the past. And then we also have our great mix of rural properties and developed properties. And so that means we're going to be taking a closer look to make sure it has the infrastructure as opposed to a major city where it's a building that's been there a long time and you're looking at more specifics, smaller details. The proposed Mathnasium location conforms to the required findings. That's what we find in part due to its limited scope and the fact that the findings for conditional use permits are primarily intended to ensure quality site development when a new building is constructed.

Here, the shopping center has been approved through a separate process, with your commission last year. So So we're just looking about can they occupy the space. Mathnasium's proposed operations are typical for a commercial tutoring center and are compatible with the intended character of the shopping center. The proposed tenant space is found to be large enough for the use and it has access to parking for its instructors consistent with the first required finding for approval. The adjacent streets have widths and pavement types that can handle the traffic to the learning center, and the use of the property as a learning center would also not be detrimental to the continued growth and orderly development of Oakley, that's and a key required finding for conditional use permits within the city.

So we found this does meet the findings for approval. Next, we look at environmental review. Here, this project is exempt from the California Environmental Quality Act pursuant to Section 15.301, existing facilities. Section 15.301 of the CEQA guidelines exempts projects when the proposed project involves only a negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The proposed commercial use is appropriately occupying an existing commercial space, and that commercial space went through the CEQA process when the, when the whole shopping center went through city's process last year.

Staff finally recommends the planning commission adopt the resolution approving magnesium conditional use permit CUP twenty twenty five dash zero four as conditioned. I'm happy to answer any questions you have tonight. I appreciate the chance to present. In in discussions with the applicant, mister Kapoor, we found that the application speaks for itself. He doesn't have a presentation for tonight, but he's happy to answer. He's here and happy to answer any questions you guys have and wanted to make that clear. Thank you so much, commissioners.

Thank you, mister Gorman. Are there any questions from the planning commission for mister Gorman? No. Alright. At this time, I will open the public hearing, and we can receive comments, if any, from the applicant or any questions to the applicant or the applicant.

Okay. I do not have any public speaker cards nor is anyone filling out any as I speak. So at this time, if there are no further questions or deliberation, I will close the public hearing and call for deliberation. Would any commissioner like to make a motion to adopt the resolution as presented? Oh. I

make a motion to adopt a resolution approving methanezium conditional use permit as conditioned.

Alright. I have a I'll second that. I have a first and a second. Therefore, I will call for a vote. All in favor of approving the resolution as presented, say aye. Aye. Aye. Any opposed? No opposed or abstentions. The motion passes unanimously.

Next up is item 4.2, general plan amendment in compliance with a b twenty one forty. Director Strelow.

Thank you very much, and good evening, chair Verdusko, vice chair Price, and planning commissioners. So tonight, I'm presenting a general plan amendment. General plan amendment number twenty twenty five dash zero zero two. And the proposal is for an amendment to the community health and safety element of the general plan. And what this is surrounding is is the city did a, an update to the local hazard mitigation plan in 2024.

And the local hazard mitigation plan, it's it's a plan put in place with a joint effort. The county, we were involved in a countywide effort. Several of the staff followed the direction of our assistant city manager in putting this plan together, and it was adopted by the city council earlier this year in February through the adoption of city council resolution number twenty one twenty five. So we have this hazard mitigation plan also sometimes referred to as the Oakley Annex because it is attached as an annex to the county's hazard mitigation plan and also sometimes referred to as a local hazard mitigation plan. So we have this in place.

The general plan talks about the local hazard mitigation plan. And when the focus general plan update was done in 2022, it called attention to it and created this community health and safety element. So why are we asking for a general plan amendment related to this? Well, there was a an assembly bill passed in 2016, assembly bill twenty one forty, and it enabled or allowed for for cities and counties to integrate their hazard mitigation plan into their general plan, whether actually putting it into the general plan or referencing it in the general plan. And in doing so, it opens up additional reimbursements from the California let me get this right.

I don't wanna mess it up. The California office of emergency services. So in the event of a a statewide or local emergency as dictated by the governor, any any expenses that the city may have to go through can be reimbursable, and it's usually up to 75% of those costs maxed out there. With this general plan amendment and by adding the local hazard mitigation plan or the Oakley Annex to the general plan, we could then be eligible in excess of that 75% potentially up to full cost of re of or full reimbursement of cost dealing with that emergency. So for us, it's a net it's a net positive as far as the analysis goes.

The local hazard mitigation plan is already mentioned in the general plan. So what this general plan amendment does is it just it changes some of the text on the two pages where it's talked about and that it includes a link directly to the plan, an Internet link or URL, and it also formally announces that the plan is hereby adopted into the general plan by reference. So with that said, all of the the four findings that are included in the proposed resolution can be made here. The local hazard mitigation, it it already conforms with the standards in the general plan and the provisions in the general plan. It's necessary to implement the goals and objectives in the general plan, which already call for the local hazard mitigation plan and call attention to it.

It's not detrimental to the public interest, convenience or general health and welfare. And the final one is this is exempt from the California environmental quality act. So those are those are the four findings summarized that are in the general plan. And with that said, the the planning commission does act in an in an advisory role to the city council. So the resolution before you tonight is making a recommendation to the city council to adopt a resolution approving this general plan amendment before you tonight. That concludes my presentation. That is staff's recommendation. I'm happy to answer any questions. Thank you.

Thank you, director Strelow. Are there any questions from the planning commission? I have a question. You might have said it, and I might have missed it. But how was this plan referenced before in the general plan?

The general plan talks about the local hazard mitigation plan because we are we already had one in place. Right. And and then recently, I think it was 2018 was the last one possibly. And so it's mentioned in the 2022 update that we did in the general plan, and I have an attachment that's included in the staff report. It might not be easy to read because the language is it's, you know, shown as strike through. But, yeah, it's it's mentioned there and it talks about the collaboration with the county Etcetera on coming up with this on the plan that was in existence. So it's in the general plan. It's still mentioned in the general plan and the changes we're requesting would be to integrate it, adopt it as part of the general plan.

Thank you. Any questions from the planning commission? Alright. At this time, I will open the public hearing. I do not have any public speaker cards nor is anyone in the process of submitting any. So if there's nothing here, I will close the public hearing and call for deliberation. Would any commissioner like to make a motion to adopt the resolution as presented? I'll move to adopt the resolution as presented. Second. Alright.

I have a first and a second. Therefore, I will call for a vote. All in favor of adopting the resolution as presented, please say aye. Aye. Aye. Any opposed? No oppose or abstentions? The motion passes unanimously. We move on to agenda item number five, regular calendar items, which there are none. Number six, any reports from staff members? Does staff have any reports?

Yes, sir. I have I have one report, and that is the announcement of the opening for the planning commission appointment appointments that are coming up later this year. So we have three seats that are expiring, the three seats up there on the left later this year, and the city clerk's office has put together an application which is now available online. She's also printed out a few hard copies, which are at the back of the council chambers there with that has more information. The applications, although we're announcing it tonight, they the acceptance date begins on Monday, August 11, and it runs through Thursday, September 11, 5PM.

So anyone interested in applying for a planning commission appointment should get their applications in between those days. And just as a reminder, this would start in October. So the first meeting for this, the new planning commissioners would be in October, and any existing commissioners that may be interested in being reappointed are also required to submit the application. That's it. Thank you.

Thank you, mister Shilo. Are there any reports from commissioners? Strelow.

No.

Do any commissioners have any requests for future agenda items? Alright. There being no further business, this meeting is adjourned. Thank you, everybody.