Planning commission grants conditional use permit for multiunit housing at 40 West Boulderville Road

The Oakley City Planning Commission approved a conditional use permit April 10 to allow multiple dwelling units at 40 West Boulderville Road, a property formerly operated as Kumbaya Kitchens and later used in part as a bed-and-breakfast-style rental. The permit passed 4–1, with Commissioner Kent voting no.

Planning staff told the commission the property contains a primary house built in the early 1990s, a detached accessory dwelling unit (ADU) over a garage, and a separate barn/garage structure. Staff said the parcel previously contained hotel-style rooms in the rear that were grandfathered in when the property was annexed to Oakley in 1994 and that changes made since then have included kitchenettes that allow longer-term rentals. Staff summarized the existing and potential units as three small rear units, one living quarter in the primary house, and an ADU in the garage — a potential total of up to five separate living quarters, with a discussion that the more conservative interpretation is four units in the main building plus the ADU.

Staff noted existing utilities and inspections on file, and recommended the commission require follow-up inspections and conditions to address parking, management, safety and neighborhood impacts. Staff read the land-use code definition that "a dwelling unit multifamily is a conditional use" when a structure contains three or more separate dwelling units that share common walls or floors, which triggered the requirement for a conditional use permit in this instance.

Commission discussion and public comment focused on safety and quality-of-life protections: required building and fire inspections, designated (graveled) parking, dark-sky-compliant lighting, limiting rentals to long-term stays (30 days or longer), and requiring an owner or an on-site manager or designated family member to be available for neighbor contact. Commissioners also discussed ADA compliance: staff and a consulting official noted existing structures may be grandfathered for accessibility but that any new construction or alterations should meet ADA standards as applicable. The planning commission recorded a condition acknowledging the property’s grandfathered status but requiring that any newly constructed or altered spaces comply with current code and accessibility requirements.

A motion to grant the conditional use permit with conditions drawn from staff's list passed 4–1 (Kent opposed). Commissioners specified the principal conditions as: building and fire inspections before occupancy as required, designation of on-site owner/manager or family representative for tenant and neighbor issues, designated on-site parking consistent with the one-space-per-unit standard, long-term rental limitation (30+ days), dark-sky-compliant exterior lighting, and that any new work be ADA compliant as required by law. Staff will prepare the final permit language and conditions for administrative completion and next steps in permitting.