IMPORTANT NOTICE REGARDING THIS MEETING: To protect our residents, officials, and staff, and in alignment with AB 361 and Orinda City Council Resolution No. 42-21, in which certain teleconference requirements of the Brown Act have been suspended, including the requirement to provide a physical location for members of the public to participate in the meeting, this meeting will be held by Teleconference.
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CITY COUNCIL
AGENDA
Tuesday, September 6, 2022
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 09.06.22
How to follow or participate in the meeting:
Members of the public may observe and participate in the meeting at the teleconference location highlighted above. To ensure that the City Council receives your comments, we strongly encourage you to submit your comments in writing in advance of the meeting by following instructions below:
Send your e-mail to [email protected] by 3pm on the day of the meeting.
Those e-mails will be forwarded to the City Council. They will also be made a part of the public record and be available to view in the public review binder at Orinda City Hall, 22 Orinda Way. In addition, they will be available electronically by 5pm on the day of the meeting by selecting the date of the meeting in this Box account link:https://cityoforinda.box.com/s/aqrelwbwv0wc37m5hkju2o8a0sta7bup Comments may also be submitted by e-mail during the meeting up until the closure of public comment period on the relevant agenda item. These will be read into the record by staff at their normal cadence and will be limited to a maximum of 3 minutes. To be read into the record, e-mail must contain in the subject line “Public Forum – Not on the Agenda” or “Public Comment – Agenda Item #” with the relevant agenda item indicated.
To comment orally in real time during the meeting, you may use the Zoom “raise your hand” function on your computer screen or the *9 function on your phone.
City Council
Agenda Page 2 09.06.22
7:00 PM - REGULAR SESSION
A. CALL TO ORDER / ROLL CALL
Councilmembers: Darlene Gee, Nick Kosla, Amy Worth
Vice Mayor Inga Miller, Mayor Dennis Fay
B. PLEDGE OF ALLEGIANCE
C. ADOPTION OF AGENDA
The City Council may take action on any item listed on the agenda.
D. ITEMS FOR THE GOOD OF THE CITY
E. PUBLIC FORUM
The public forum provides an opportunity for members of the public to speak on any item within the jurisdiction of the City Council that is not on the agenda.
Additionally, a speaker has the option of addressing the Council on an item listed on the agenda, if the speaker will not be present when that agenda item is taken up. When an item is not listed on the agenda, State law prohibits Council discussion or action. Councilmembers may only “briefly respond” to statements made and questions posed. For example, State law allows Councilmembers to ask questions for clarification and provide a reference to staff or other resources for factual information. Additionally, consistent with the “Matters Initiated” rule contained in its Policies and Procedures Manual, the Council may also direct staff to report back and/or place a matter on a future agenda for discussion.
F. CONSENT CALENDAR
F.1. City Council Minutes
Recommendation:
Approve City Council Minutes:
1. August 16, 2022 - Regular Meeting
F.2. Authorization For Continued Use of Remote Teleconference for City Meetings
Recommendation:
Approve the Ratification of Orinda City Council Resolution No. 42-21 and Authorize the Continued Use of Teleconference Meetings for the Period of September 7, 2022 to October 6, 2022 Pursuant to the Provisions of Assembly Bill 361.
F.3. Adoption of Ordinance No. 22-03 - Amending Zoning Map 10 Irwin Way
City Council
Agenda Page 3 09.06.22
Recommendation:
Adopt Ordinance No. 22-03, waiving second reading, An Ordinance Amending the Zoning Map to Designate a Portion of the Property at 10 Irwin Way “Residential Medium Density” and Applying the “Senior Housing Overlay District” to a Portion of the Property at 10 Irwin Way F.4. Adoption of Ordinance No. 21-02 - Miscellaneous Amendments to Zoning Code
Recommendation:
Adopt Ordinance No. 22-02, waiving second reading, An Ordinance Updating Zoning Code Section 17.1.11 (Development on lots divided by district boundaries), Section 17.3.5 (Small family day care), Section 17.3.6 (Large family day care), Section 17.4.18 (Building projections into yards and courts), Section 17.4.31 (Affordable housing incentive program and density bonus), Section 17.11.2 (Open space district - Development limitations), and Section 17.24.3 (Designation of heritage tree) of the City’s Zoning Code.
G. PUBLIC HEARING
H. POLICY MATTERS
H.1. Downtown Precise Plan Draft Vision & Guiding Principles Chapter Recommendation:
Staff recommends the City Council receive the staff report, take public comment, and provide feedback. No action will be taken.
H.2. Draft San Pablo Creek Restoration & Trail Concept Memo Recommendation:
Staff recommends the City Council receive the report, take public testimony, and provide feedback on the draft San Pablo Creek Restoration & Trail Concept memo.
H.3. Discuss and Provide Direction Regarding Honoring Former Longtime Clay Instructor Anne Parr.
Recommendation:
Staff recommend the City Council review the Facilities Naming Policy and consider directing staff to proceed with honoring former long-time clay instructor Anne Parr by naming a facility space in her honor.
I. COUNCILMEMBERS' REPORTS
J. CITY MANAGER'S REPORT
K. MATTERS INITIATED
L. ADJOURNMENT
City Council
Agenda Page 4 09.06.22
The next Regular Meeting of the Orinda City Council will be held on Tuesday, September 27, 2022 at 7:00 PM.
Please visit the City’s website at www.cityoforinda.org to view the City Council Calendar.
I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this special meeting agenda has been posted at least 24 hours in advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way. Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City’s website at www.cityoforinda.org. At least 24 hours in advance of the meeting, this agenda was also delivered to and received by each member of the City Council as well as each local newspaper, radio station and television station requesting written notice of special meetings.
I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this regular meeting agenda has been posted at least 72 hours in advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way.
Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City’s website at www.cityoforinda.org
~ Notice ~
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders, which require a hearing by law, the receipt of evidence and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited by California law, including but not limited to Government Code §65009, to raising only those issues you or someone else raised in the public hearing, or in written correspondence delivered to the City Council prior to or at the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting, regardless of whether it is a regular or special meeting. For information on the next regular or special City Council meeting, please call 925.253.4221 or visit the website at www.cityoforinda.org.
~ Accessible Public Meetings ~
The City of Orinda will provide special assistance for disabled citizens to participate in public meetings upon advance notice. If you need auxiliary hearing aid or sign language assistance at least two (2) working days advanced notice is necessary.
Please contact the City Clerk’s Office, 22 Orinda Way, Orinda, Ca 94563 or 925.253.4221 or [email protected] with the following information: name, mailing address, phone number and type of assistance requested.
AGENDA TITLE: City Council Minutes
RECOMMENDATION:
Approve City Council Minutes:
1. August 16, 2022 - Regular Meeting
ATTACHMENTS:
A. City Council Meeting Minutes of August 16, 2022
Respectfully Submitted by:
Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
Approved by:
F.1
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Orinda City Council Minutes Page 1 of 25 08.16.22
August 16, 2022
CITY OF ORINDA
CITY COUNCIL MINUTES
Note: Written communications received from the public prior to the start of this meeting can be viewed at: http://orindaca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=2097.They are also kept in the City Clerk’s Office as part of the public record and available upon request. 7:00 P.M. – REGULAR MEETING– BY TELECONFERENCE
A. CALL TO ORDER / ROLL CALL:
Mayor Fay called the Regular Meeting to order at approximately 7:00 p.m.
COUNCILMEMBERS PRESENT: Darlene Gee, Nick Kosla, Amy Worth Vice Mayor Inga Miller, Mayor Dennis Fay
COUNCILMEMBERS ABSENT: None
B. PLEDGE OF ALLEGIANCE – Led by Councilmember Worth.
C. ADOPTION OF AGENDA
MOTION by Vice Mayor Miller moved and seconded by Councilmember Gee to adopt the agenda. Said motion carried by unanimous (5-0) roll call vote.
D. ITEMS FOR THE GOOD OF THE CITY
D.1. Proclamation Recognizing the 25th Anniversary of the Orinda Farmers’ Market
Mayor Fay presented the Proclamation.
Councilmember Worth expressed appreciation to former Mayor Laura Abrams, and Chamber Boardmembers Chuck Carpenter and Leslie Styles who were instrumental in bringing the Farmers’ Market to Orinda.
Mayor Fay opened the Public Forum.
Staci DeShasier, Executive Director, Contra Costa Certified Farmers’ Market, thanked Mayor Fay and Councilmembers for their support and for recognizing the Farmers’ Market, stating the market originally opened in 1997, went year-round in 2020, and pivoted to offer boxes given COVID with community support. They have 26 vendors yearround, will be celebrating Halloween Harvest on October 29th , and extending the market
to include Artisan booths in the wintertime for holiday shopping November through March.
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Nick Waranoff questioned why “Items for the Good of the City” are so early on the agenda.
He noted the farmers’ market extended to the north by one driveway cut and, by doing so, it makes it more difficult for people to park at Rite Aid.
Mayor Fay commented that farmers’ markets have had a long history which he described as an integral part of the community.
D.2. Proclamation Recognizing August 31, 2022 as International Drug Abuse and Overdose Awareness Day throughout the City of Orinda Mayor Fay read a portion of the proclamation.
Mariella Sanding, Coordinator of the Contra Costa County MEDS Coalition, thanked the City Council for recognizing August 31, 2022 as International Drug Abuse and Overdose Awareness Day. She said over 100,000 lives have been lost to overdose in the United States this year and spoke about counterfeit pills and fentanyl available on social media, its effects on friends, family, and the community, and invited the Council to attend their event on August 27th from 5:30 to 8:00 p.m. at Chichibu Park in Antioch.
Mayor Fay opened the Public Forum.
Nick Waranoff spoke about overdoses of fentanyl skyrocketing under recalled San Francisco District Attorney Chesa Boudin, spoke about Diana Pecktan, Scott Weiner, and Rebecca Bauer-Kahan and SB 107 which authorizes a California court to remove a child from its parents so that gender-affirming care drugs, puberty blockers, hormones and the like can be given to kids.
E. PUBLIC FORUM
Nick Waranoff said the Housing Element requires submission to the State by January 31, 2023 and he questioned what state the Housing Element will be in with three Councilmembers not running for re-election. He then described criticisms from HCD on the Housing Element and urged the Council to make it a top priority to talk with Caltrans to get them to support development of their parcel, to talk to churches south of the downtown, and to planning staff and increase the proposed density in that area.
CONSENT CALENDAR
Mayor Fay asked and confirmed there were no speakers or requests for removal of items.
F.1. City Council Minutes
Recommendation:
Approve City Council Minutes:
1. July 5, 2022 - Regular Meeting
2. July 19, 2022 - Closed Session
3. July 19, 2022 - Regular Meeting
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Attachment: City Council Meeting Minutes of August 16, 2022 (2890 : City Council Minutes) Orinda City Council Minutes Page 3 of 25 08.16.22
F.2. Authorization For Continued Use of Remote Teleconference for City Meetings
Recommendation:
Approve the Ratification of Orinda City Council Resolution No. 42-21 and Authorize the Continued Use of Teleconference Meetings for the Period of August 17, 2022 to September 15, 2022 Pursuant to the Provisions of Assembly Bill 361.
F.3. Monthly Report of Receipts and Disbursements for the Period May 1, 2022 through May 31, 2022 and Summary of Revenue, Expenditures, and Preliminary Fund Balances for July 1, 2021 through May 31, 2022 Recommendation:
Staff recommends that the City Council receive and file this report of receipts, disbursements, and preliminary fund balances for the month of May 2022.
F.4. Adopt Resolution No.42-22 Regarding The Annual Review of City Investment Policy And Delegating Authority To Make Investments Recommendation:
Adopt Resolution 42-22 which completes the Annual Review without making any changes to the policy; and delegating the authority to make investments
F.5. Adoption of Resolution No. 38-22 Establishing the Property Tax Rates for the General Obligation Bond Series 2014 and Series 2016 for Fiscal Year 2022-2023
Recommendation:
Adopt Resolution No. 38-22 establishing the property tax rates for bonded indebtedness for Fiscal Year 2022-2023; and, direct staff to provide the information to the Contra Costa County Auditor-Controller for preparing of the tax levy.
F.6. Increase Contingency for Construction Contract with Valentine Corporation for the Lavenida Culvert Repair Project (Project No. 4148), and Appropriate Funding.
Recommendation:
Staff recommends that the City Council approve an increase in the contingency for said contract from 15% to 20%, and to appropriate funding of $31,000 from Fund #514, Stormwater Utility Assessment for such purpose.
F.7. Approve the Design and Award Construction Contract to E. E. Gilbert Construction, Inc. For the Camino Sobrante Retaining Wall Replacement Project #4152
Recommendation:
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Attachment: City Council Meeting Minutes of August 16, 2022 (2890 : City Council Minutes) Orinda City Council Minutes Page 4 of 25 08.16.22
Staff recommends that the City Council: 1) Approve the design of Project #4152; 2) Reject the non-responsive bids from Brannon Corporation and ETIC; 3) Award the contract for construction to third lowest bidder E. E.
Gilbert Construction, Inc. of Martinez, California for an amount of $700,378.44; 3) Authorize City Manager and City Clerk to execute a contract on behalf of the City, subject to approval as to form by the City Attorney; and 4) Authorize the City Manager to administratively approve contract change orders provided that the cumulative amount does not exceed $105,056.56 (approximately 15% contingency)
MOTION by Councilmember Gee moved and seconded by Vice Mayor Miler to approve Consent Calendar Items F.1.1, F.1.2, F.1.3, F.2, F.3, F.4, F.5, F.6 and F.7. Said motion carried by (5-0) roll call vote.
G. PUBLIC HEARING
G.1. Consider the following items/applications related to the 52-unit affordable, senior-restricted Vista Verde Community Housing Project at 10 Irwin Way: 1. Proposed Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP) pursuant to the California Environmental Quality Act (CEQA) for the Vista Verde Community Housing Project; 2. Proposed General Plan Map Amendment (GPA-2021-001) Amending the General Plan land use designation of a portion of the property at 10 Irwin Way from “Public and Semipublic” to “Residential: Multifamily”; 3. Proposed Zoning Map Amendment (ZMA-2021-001) amending the Zoning Map to designate a portion of the property at 10 Irwin Way “Residential Medium Density” and applying the “Senior Housing Overlay District”; and 4. Proposed Planning Entitlements for the subject property at 10 Irwin Way, including: a. Minor Subdivision (MNS-2021-001) lot split; b.
Design Review Permit (DRA-2021-023); c. Elevated Deck Permit (EDP2021-019); d. Tree Removal Permit (TRP-2021-025); and e. Density bonus concessions to private open space requirement, height and story limits.
Recommendation:
Staff recommends that the City Council take the following actions:
1. Adopt Resolution 39-22 adopting a Mitigated Negative Declaration and approving a Mitigation Monitoring and Reporting Program (MMRP) pursuant to the California Environmental Quality Act (CEQA) for the Vista Verde Community Housing Project;
2. Adopt Resolution 40-22 amending the General Plan land use designation of a portion of the property at 10 Irwin Way from “Public and Semipublic” to “Residential: Multifamily”;
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3. Waive the full reading of the text and introduce Ordinance 22-03, amending the Zoning Map to Designate a Portion of the Property at 10 Irwin Way “Residential Medium Density” and applying the “Senior Housing Overlay District”; and
4. Adopt Resolution 41-22 approving a Minor Subdivision, Design Review, Tree Removal Permit, Elevated Deck Permit, and Density Bonus Application for a Portion of the Property at 10 Irwin Way (Vista Verde Community Housing Project).
City Attorney Osa Wolff referred to a PowerPoint presentation listing all procedural requirements and stated items 1 and 2 have been addressed. Regarding item 3, because there are quasi-adjudicative elements to tonight’s hearing and project approvals proposed, each Councilmember will have an opportunity to describe any ex-parte communications they may have with applicants or the public, as well as any site visits, and to explain if there are any important facts that Councilmembers saw or heard that are not in the written record before them. Number 4 asks that Councilmembers disclose exparte communications.
Mayor Fay and Councilmembers then disclosed their ex-parte communications and site visits.
Planning Director Drummond Buckley gave the staff report and PowerPoint presentation regarding the request for a 52-unit affordable, senior-restricted Vista Verde Community Housing Project at 10 Irwin Way.
Staff recommends that the City Council take the following actions: 1) Adopt Resolution 39-22 adopting a Mitigated Negative Declaration and approving a Mitigation Monitoring and Reporting Program (MMRP) pursuant to the California Environmental Quality Act (CEQA) for the Vista Verde Community Housing Project; 2) Adopt Resolution 40-22 amending the General Plan land use designation of a portion of the property at 10 Irwin Way from “Public and Semipublic” to “Residential: Multifamily”; 3) Waive the full reading of the text and introduce Ordinance 22-03, amending the Zoning Map to Designate a Portion of the Property at 10 Irwin Way “Residential Medium Density” and applying the “Senior Housing Overlay District”; and 4) Adopt Resolution 41-22 approving a Minor Subdivision, Design Review, Tree Removal Permit, Elevated Deck Permit, and Density Bonus Application for a Portion of the Property at 10 Irwin Way (Vista Verde Community Housing Project).
Vice Mayor Miler asked if the homes that would see over the top of the Watchwood homes. Mr. Buckley confirmed and said the Watchwood homes are well above the roof of the proposed project.
Vice Mayor Miller referred to the other adjacent streets and asked if those homes will be looking at the buildings. Mr. Buckley clarified the significant amount of vegetation remaining which will provide screening.
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Vice Mayor Miller noted that the Monte Verde development has a steep hill, and she asked if there is a way for seniors to walk over to the park and walk down through the park. Mr. Buckley stated the stairs behind Monte Verde are open to the public and are between Monte Verde and Orinda Community Park which is a much easier way for someone to get up and down.
Vice Mayor Miller voiced concerns with a reference relating to the reduction of open space. Mr. Buckley clarified this point relates to the private open space per unit. He noted there are many communal spaces proposed which complies with the requirement for open space.
Vice Mayor Miller referred to the well-used crosswalk at the bottom of Irwin at Orinda Way. While this might be something outside of the scope of the project she wondered if this could be addressed separately by TSAC. Mr. Buckley said the City can establish whether a safety improvement is warranted there at any time.
Vice Mayor Miller referred to the General Plan Amendment and asked what kind of project would be allowed by right if this project did not move forward. Mr. Buckley said 52 units would be allowed under the proposed zoning. There is no increase in density being requested. The residential multi-family and senior housing overlay allows 52 units. The maximum height is 27 feet unless a project qualifies for a concession or waiver, and the project meets the minimum parking requirements for the senior housing overlay.
Councilmember Worth referred to the aerial view and map of the site plan and confirmed the power lines are on a parcel next to the Watchwood Townhomes and adjacent to the project site is a buffer between the townhomes and the proposed site.
Councilmember Kosla referred to packet page 187 and questioned the building elevation number, noting that there is varying information shown of 53, 56 and 59 feet. Mr. Buckley said he believes it is 53 feet but deferred to the applicant to confirm.
Councilmember Kosla said when there is a concession for height he asked if one concession could be multiple stories or if each story requested is one concession. He also asked if staff looked at Bay Area cities for any examples. City Attorney Wolff said the answer to this is yet to be determined but staff thinks the concession to the number of stories is counted as one concession She said all city attorneys have been monitoring concessions and believes this is the proper way to think about it.
Councilmember Kosla referred to evidence for concessions and asked what analysis was used from the builder to ensure the project would not pencil out without concessions.
Ms. Wolff clarified that the burden is not necessarily for the applicant to prove the project does not pencil out but rather whether this will aid with affordability. Mr. Buckley said the burden of proof is on the City and not on the applicant.
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Councilmember Kosla stated other jurisdictions would hire Keyser Marston or EPS to look at costs but he thinks they qualify for the concessions. He wondered if the City should obtain analysis from a third party for future projects.
Mr. Buckley said his understanding is that the bar has changed over the last couple of years where cities do not have much less discretion regarding concessions and waivers; however, he noted the Council has no obligation to approve the zoning changes which is discretionary.
Ms. Wolff added that the Council will see changes in State law resulting in evolution of the City’s Municipal Code with the third public hearing tonight. Clean-up changes are being proposed to address recent changes and exactly this point.
Councilmember Kosla asked and confirmed the setback from power lines is 25 feet per PG&E.
Councilmember Kosla asked if staff has an exhibit showing the building footprint and distance from the building to the other homes. Mr. Buckley said no, there is not.
Councilmember Gee said as residents living in Watchwood look out she asked and confirmed their buildings are below the power lines and that residents will see the power lines which Mr. Buckley clarified are 85 feet high and higher than the Watchwood homes’ decks.
Mayor Fay asked if the renderings show what the building will look like as constructed and asked whether they can be changed. Mr. Buckley stated the Council is being asked to approve the project, but this does not preclude the applicant from changing their mind and proposing a different project.
Ms. Wolff added that the City cannot deny the project under the HAA or reduce its density, but the City has some discretionary and objective design standards which can be applied if they do not reduce the density or end up with a project denial. The third resolution includes specific findings that must be made which include those design standards.
Councilmember Worth commented there has been a fair evolution of the law as to making this case as to why a particular density is needed to make a project viable. Proformas are very different in the case of an affordable housing project versus a market rate housing project. Ms. Wolff agreed and said with density bonus law, the State was trying to incentivize affording housing and senior housing and is therefore willing to mandate that local government give density bonuses and concessions. Those are in place to help make the project more affordable and reduce the overall cost of developing this kind of project.
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Councilmember Kosla asked if the developer had produced more evidence relating to this or asked if the City is obliged to simply believe it. Ms. Wolff said no, they did review evidence provided and judged it to be credible. But, she suggested asking these questions of the applicant as to whether the builder is indeed the builder they are planning to use, their credentials, and whether the Council believes the evidence is credible.
Mr. Buckley referred to the height question earlier and said in residential districts the maximum aggregate height is 35 feet and the aggregate height shows here as 57 feet.
The elevator tower is above 53 feet and the City does not typically count mechanical equipment.
Mayor Fay asked and confirmed solar panels are proposed for the project.
Mayor Fay called on the applicant for a presentation.
Victoria Smith, Chair, Orinda Senior Housing Foundation and Orinda Senior Village, introduced fellow Boardmembers and the Orinda Community Church Councilmembers, provided a background on affordable senior housing, the Orinda Senior Village, their service to many residents with average rents of $300/month. She spoke of their 5-year waiting list and efforts over the last 4 years on the Vista Verde project and their project team of Dahlin Architects and Oliver and Company Builders. She then introduced Elizabeth Robinson, Senior Pastor of Orinda Community Church, their mission partner in the project.
Elizabeth Robinson, Senior Pastor, Orinda Community Church, spoke of her background and experience working with chronically unhoused individuals, their partners, and said they are excited to be co-sponsoring the project with Orinda Senior Housing Foundation and co-sponsors.
Padru Kang, Director of Design, Dahlin Architects, pointed to www.vistaverde.com to view the project to date, said they began 4 years ago and much has occurred in terms of community outreach, balancing housing for the site, its walkability to the downtown, and access to transit. They believe the site is under-utilized, said they have great relationships with Monte Verde and the Orinda Senior Village, and he believes Orinda Senior Village is 8 stories which steps down.
They recognize the old growth trees on site and has tried to minimize the footprint to preserve them. He then described the overall site design, existing trees, trees proposed to be removed, replacements trees, floor plates, outdoor spaces at each floor, the rooftop community lounge with decking, unit types, confirmed 57 feet for the front elevation and ground level at 11 feet, elevations and landscaping, project colors and materials, and heights at various floor levels.
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Councilmember Worth referred to the slide showing elevation differentials between the top of the project and homes above it. Mr. Kang displayed the slide and explained that the pad is roughly at a contour of 538 existing. At this pad, their third floor line is at 539.
If they take the top 3 floor plus the parapet height they are 539 plus 34. This point is 24 feet higher than the top of parapet or the top of their building. Then, shifting over to the next it was 29 feet, then 36 feet. Going northeast moves in an upward slope. The grade differential experience is from 619 Watchwood at 24 feet to 639 Watchwood upwards of 41 feet higher.
Councilmember Kosla asked and confirmed the ground level would be at 11 feet, the second level at 12 feet because of the garage, and then the typical residential level will be at a 9’1” plate height.
Councilmember Kosla questioned the roof deck, asked how large it is, and asked if it has been programmed. Mr. Kang said it has not been programmed but they excluded a couple of units so they can walk out from the community room onto the roof level, and this was also considered to be more sensitive to surrounding neighbors.
Councilmember Kosla asked to show the aerial plan view and asked if trees could be planted along the slope on the left side where there are existing trees that may die. Mr.
Kang said he did not think they had any stormwater in that area and could potentially plant trees.
Mayor Fay asked if it was the intent to build the project as it is seen in the renderings. Ms.
Smith confirmed this is their intent, noting they have worked on this for four years, are a non-profit and are working closely with the church. The process went through their congregation and the color scheme was changed after input was received from Watchwood neighbors, and she noted the Planning Commission really liked it. They have no tax credit issues, no public funding for this project, and are a unique applicant and have a great relationship with the church that cannot be duplicated.
Mayor Fay asked to display a rendering showing any home on Watchwood and what it looks like looking at the structure. Mr. Kang displayed a home from a deck looking down and said the view to the hills and the vista will remain.
Mayor Fay noted they will see the roof and beyond it, as well as the PG&E transmission lines in this picture. He then asked and confirmed that the project will occupy what was a vacant parking lot in the past.
Councilmember Kosla asked Ms. Smith if the project is financed and asked if they are ready to build. Ms. Smith said yes; they are fortunate and because the Orinda Senior Village has been so successful since 1983, which is a HUD project. They have refinanced the loan and have a significant amount of capital ready to start and will complete another refinance in the next couple of months to come up with the rest.
Mayor Fay opened the Public Forum.
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Jennifer Wallace said she lives at the end of Mira Loma and there is an established walking trail from the end of Mira Loma to the upper parking lot which is utilized by many people. She voiced concerns that it will be removed and thinks the trail would qualify for an easement based on its longevity over the last 26 or more years as a community benefit.
John Wyro, Project Manager, stated this trail was brought to their attention early on. Most of it is off the site and they pick up the trail at the property line with PG&E and connect it down to Orinda Way, so they are addressing this concern.
Ethan Elkind, 9 La Plaza Drive, thinks this is a great project but voiced concerns regarding pedestrians at Irwin and Orinda Way due to the steep grade. He asked for a safety condition for flashing crosswalk lights or a traffic light.
Len Epstein voiced support of the project but what has been glossed over is the impact this project will have on La Plaza Drive. There are no pictures of how the project will look from their street. From the top of La Plaza Drive, the project will loom 75 feet over the street and from the bottom, and close to 100 feet. Two-story homes will look at 50-75 feet of the project. He suggested moving the project back 20 feet to mitigate damages to residents, stating City Municipal Code Sections 17.30.11 and 16.33.2 allow for protection of views, light, and privacy. The picture shown from La Plaza from his residence shows the building will go up to where the transformer is which will dramatically impact his light, privacy and property values on La Plaza which has not been addressed.
The architect stated they will plant trees here and in 10 years they will hardly notice the building. He will not live 10 more years and bought the house for his retirement. He asked to delay the vote, require story poles, asked Councilmembers to visit La Plaza Drive to see the impact, and to consider letters sent.
Cary Immesoete, 15 La Plaza Drive, said this is an important project, thinks there is a huge need for senior housing, but echoed Mr. Epstein’s comments. He thinks it is wrong to use the height differential from the La Plaza neighborhood to the foundation of the building being about 40 feet, which makes the top of the building 97 feet above their neighborhood, or about a 10-story building. He asked to delay the vote and at least put up story poles which was done with the Monte Verde project.
Rebuttal – Applicant
Todd Williams, Fennemore Wendel, the project’s land use attorney, referred to whether there is a substantial impact on any surrounding property owner’s view or light, including the La Plaza neighborhood which was shown in Mr. Kang’s photo simulation. The slides demonstrate there is ample space between the project and surrounding properties as well as differences in elevation that demonstrate no substantial impact on views or light and the property respects all setbacks.
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There had been comments submitted claiming there were variances being requested, but staff made clear there is a density bonus component of the project involving concessions allowed and required by law and this project qualifies for a 50% density bonus which is not taken. They are building 52 units rather than 78 units. The high level of affordability is what qualifies it for the three concessions. The standard now is whether the concessions result in cost savings for the project and it is not a question of financial feasibility or pro forms which are no longer allowed.
Regarding pedestrian safety, the MND found no impact. Considering the concerns raised, the consulting traffic engineer conducted a further visit and analysis and concluded there was no safety issue and that their project would not contribute or create any potentially significant pedestrian safety issues.
The commentor said the project would increase traffic; however, the consultant’s memo states the project “is only expected to increase individual movement volumes by 1 to 5 vehicles which equates to 1 vehicle every 12-60 minutes during the peak period. The City could choose to re-install a stop sign and determine whether additional measures are necessary, but this is an existing condition and not a project issue.
With regards to Mr. Epstein’s concerns regarding impacts from the street, this is the first he has heard of this. One simulation was from his backyard where they met and this was displayed where they removed eucalyptus trees and put their building in that simulation.
Mr. Williams referred to Mayor Fay’s question of whether this project is going to get built as depicted and said Condition No. 3 in planning approvals for entitlements states, “The project must conform to the plans presented tonight.”
Mayor Fay closed the public hearing and called for Council deliberation.
Councilmember Worth recalled the differences between the viewshed from Watchwood and La Plaza Drive where staff had described the terrain and landscaping and asked staff if there are view impacts from that vantage point.
John Wyro explained that the image displayed is 16 La Plaza Drive. The top three frames show what it looks like now, then with the project built, and then with additional tree screening put in place. They are fortunate there are several existing large trees that will help. They met with Mr. Epstein and reviewed the situation from his swimming pool and saw that the elevation differential was covered by the trees. However, it will not be invisible but will not be looming.
Councilmember Gee voiced support of the project moving forward, realizes it is difficult to have it built with zero impacts and commended the team and organizations involved, and sited the importance of the affordable housing project for Orinda. She thinks the benefits and efforts in mitigating items has been excellent and thinks any pedestrian issue can be reviewed separately.
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Councilmember Worth echoed Councilmember Gee’s comments, commended Orinda Community Church for their leadership, thinks it is an excellent project close to the downtown that takes in mind the available land, is fully funded, and fits well within the setting. She voiced appreciation of the planning team that worked closely with the neighbors, concurs with the need for additional large trees, and agrees the City can look at pedestrian crosswalks separately.
Vice Mayor Miller echoed Councilmember comments, thanked staff and the applicant team for their work, and believes this housing is needed in the community.
Councilmember Kosla agreed with findings in the staff report, thinks it is a great project, and cited the premier architecture work for an affordable project by Dahlin Architects. It sounds like the two concessions allow for multiple stories within one concession, but he asked that this be clarified for the future. He knows costs will be higher than what has been shown, and asked for a condition to add landscaping in the corner if there is room there and for it to be reviewed by staff, along with the crosswalk at Irwin Way which he described as hidden.
Mayor Fay voiced support of the project, is pleased to see the interest in its architectural design, likes the rooftop deck, and thinks the City can address with any pedestrian issues at Orinda Way and Irwin Way.
Councilmember Worth made a motion and asked to include a condition for the applicant to work with the City staff to increase landscaping at the corner below the rooftop deck to provide additional screening and to direct staff to review the need for safety improvements at the pedestrian crosswalk at Irwin Way and Orinda Way.
City Attorney Wolff and Mr. Buckley referred to packet page 138 which is where project specific conditions are listed. Condition No. 14 could be added to state, “The applicant shall work with the City to increase screening landscaping at the location between La Plaza Drive and the southwest corner.” Regarding the Irwin Way crosswalk, Ms. Wolff stated this does not need to be included as a condition and staff can work with this based upon discussion and consensus by the Council to review this as a CIP project and not as part of this development.
MOTION by Councilmember Worth moved and seconded by Councilmember Gee to 1) Adopt Resolution 39-22 adopting a Mitigated Negative Declaration and approving a Mitigation Monitoring and Reporting Program (MMRP) pursuant to the California Environmental Quality Act (CEQA) for the Vista Verde Community Housing Project; 2) Adopt Resolution 40-22 amending the General Plan land use designation of a portion of the property at 10 Irwin Way from “Public and Semipublic” to “Residential: Multifamily”; 3) Waive the full reading of the text and introduce Ordinance 22-03, amending the Zoning Map to Designate a Portion of the Property F.1.a
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at 10 Irwin Way “Residential Medium Density” and applying the “Senior Housing Overlay District”; and 4) Adopt Resolution 41-22 approving a Minor Subdivision, Design Review, Tree Removal Permit, Elevated Deck Permit, and Density Bonus Application for a Portion of the Property at 10 Irwin Way (Vista Verde Community Housing Project), and an additional Condition No. 14 to state, “The applicant shall work with the City to increase screening landscaping at the location between La Plaza Drive and the southwest corner.” and request the Public Works Department to place review of the pedestrian crosswalk at Irwin Way and Orinda Way on their list of CIP items to be considered. Said motion carried by unanimous (5-0) roll call vote.
G.2. Wilder Annual Review
Recommendation:
Conduct a public hearing to determine whether OG Property Owners, LLC (“OGLLC”), the entity that owns the Wilder property, is in substantial compliance with the terms of the Second Amendment and Restatement of the Development and Pre-Annexation Agreement for Gateway Valley (“DA”) as amended. Staff recommends that the City Council find, based on all of the evidence set forth below, that OGLLC has not complied in good faith with the DA and related approvals. Staff further recommends that the City Council direct OGLLC to bring its performance into good faith compliance with the DA, as specified below, by October 11, 2022. Staff further recommends that OGLLC provide a written report to the City on or before September 6, 2022 describing the actions it has taken to date to cure the defaults identified by the City Council on August 16, 2022 and that OGLLC appear before the City Council on September 27, 2022 to address the further actions required to bring OGLLC into good faith compliance with the DA.
City Attorney Osa Wolff displayed a PowerPoint slide outlining the hearing process of the Wilder Annual Review. Councilmembers then disclosed any ex-parte communications.
Assistant City Attorney Fran Layton stated the Council will be reviewing OGLLC’s compliance with the Development Agreement (DA). She provided an overview of key issues addressed in the August 5th staff report and in Resolution 43-22 on pages 1-4 of the supplemental materials distributed this afternoon. Mr. Lebovic, OGLLC’s attorney, advised in Attachment B to the staff report that OGLLC has no remaining resources or funds, is forced to halt further activities, and to initiative exiting the property.
In subsequent communications with Brooks Street representatives and Mr. Lebovic, the City was advised that Farallon Capital Partners, Greenfield Partners, and Cherokee Investment Partners are no longer the entities that comprise OGLLC (Orinda Gateway LLC). Instead, there has been a transfer from these entities to Brookside Land Company, LLC as the sole member of OGLLC. As of March 2020, all 245 residential lots in Wilder have been sold. OGLLC no longer owns title to any of them.
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Staff was and is understandably concerned regarding the notification from Mr. Lebovic that it is out of funds. As described in the staff report, OGLLC has not completed all its obligations under the DA and it has not said when or if it will complete these outstanding DA requirements. The remaining obligations include closure of the soil disposal area, completion of the red tailed hawk staging area, implementation of the signage and lighting plan for the site, GHAD acceptance of parcels that it will be required to maintain under the GHAD Plan of Control, and completion of all required improvements to the Wilder Preserve areas before these areas are conveyed to their long-term owners (EBMUD, EBRPD, and the GHAD).
In addition to these outstanding DA obligations, the staff report and draft resolution identify OG’s failure to comply with several DA requirements, including providing proof that OGLLC and its subcontractors have maintained the required insurance, reimbursing the City for its costs and expenses from February 2022 to the present, and failing to comply with the DA’s requirements for any transfer of OGLLC’s interests.
As the staff report states and as set for in Draft Resolution 43-22, staff is recommending that the Council find that OGLLC has not complied in good faith with the DA and related approvals; that the Council direct OGLLC to bring its performance into good faith compliance with the DA by October 11, 2022; further that the Council direct OGLLC to provide a written report to the City on or before September 6, 2022 describing the actions it has taken and will take in response to the provisions identified in the staff report and this resolution in order to bring its performance into good faith compliance with the DA; further staff recommends the Council direct OGLLC to appear before the Council at a continued public hearing on September 27, 2022 to address any further actions that are required to bring OGLLC into good faith compliance with the DA; and lastly that the City provide a copy of Resolution 43-22 to Orinda Gateway and that the resolution shall serve as the City’s notice of event of default in compliance with the DA Section 81.
Councilmember Kosla said there is a new entity that controls the property and he asked if that entity has any principals in it.
Ms. Layton stated they do not have much information from OGLLC. Some documents were sent to the City yesterday, one being a redemption agreement, but they do not have the information about the new entity except it is called Brookside Land Company. In looking at the supplemental memorandum she provided to the City Manager, back in 2010 there was a transfer of interest to the three entities that up until recently comprised OGLLC which were Farallon, Greenfield and Cherokee. What they were told and what the City’s analysis showed at that time was that Brookside Land Company or “Brook Street” was the manager for the project and that is who the City has been dealing with all these years. They were told Brook Street was not a voting entity of OGLLC and that it also did not have any financial interests.
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Councilmember Gee said if the Council takes recommended action and request they return at specified dates in the future, she asked if the Council is allowed as part of that process to understand what the financial asset picture does look like or, she asked if this must be done separately.
Ms. Layton stated one of the things the City has stated that is not in compliance with the DA is the requirements for how OGLLC’s interests would be transferred. So, because they are supposed to return on September 6th telling the City what they are doing to bring into compliance, one of those things would be to provide the City with required information for a transfer, one of which includes providing the City with an Assumption Agreement.
So, yes, they would be required to provide the information the City does not have.
Mayor Fay called on OGLLC representatives for a presentation.
Michael Olsen, OGLLC, said they have begun working with City staff and the City Attorney to resolve all outstanding issues and will continue to do so, reporting back on September 6 th and continuing in discussions and working on outstanding issues with agencies involved.
Mayor Fay opened the Public Forum.
David Grigg asked if there are any bond money, retention or other assurances that can help ensure OGLLC falls through with their debts.
Ms. Layton stated yes, there are under the subdivision improvement agreement. OGLLC was required to provide bonds, some of which have been reduced. The bond money however does not cover things such as the soil disposal area or the trailhead staging area. It would cover things like completing sidewalks and there are some to be completed.
Regarding the custom lot owners and Taylor Morrison which has 5 or 6 lots still to be completed, OGLLC is also responsible for completing those sidewalks.
Scott Honeychurch, President of the Wilder HOA Board of Directors, stated they appreciate the way the City is addressing issues and he can provide any information to assist staff in identifying specific tasks needing to be completed. Homeowners have incurred substantial supplemental taxes and bonds and frankly have been “sold” on the development with access to a very large public trail network, extensive GHAD properties surrounding the communities, as well as funding of the sports field, the Corey House and the Red Hawk staging area that are incomplete. So, homeowners are burdened as well as residents who are also able to use these amenities which were promised as part of the DA. The HOA is very much aligned with the City and expects to get the items completed.
They would be pleased to host on-site meetings at any time, and he thanked the Council.
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Bob Finch, Vice President of the Wilder HOA, brought attention to the letter their counsel has written to the Council that delineates many of the areas they take issue with OGLLC’s letter of exit. They note that Ms. Layton mentioned there was a phone call involving OGLLC and the City in which the waters were muddied and counsel for OGLLC said perhaps they misstated their intention to exit which leaves more confusion.
He highlighted one item in their letter which is the GHAD transfer of property. There apparently has been a punch list OGLLC has been working on for years and is not completed. It is conditioned to the GHAD accepting those properties. The residents of Wilder pay over $3,000 a year per household into GHAD, yet they are not sure which, if any of the properties, might be subject to environmental casualty have been transferred to GHAD. He therefore asked the Council, as the GHAD Board, to look closely at the punch list issue. One item are the 5 detention ponds in the middle of Wilder where there is no circulation. They are very odiferous and many residents have complained to the Board which are full of algae and believes ultimately GHAD will take them over, but the HOA is not sure they are on the punch list and as to whether work is being done by OGLLC on those.
Ms. Layton pointed out the letter references is included in the supplemental materials of today. There are letters from the HOA attorney, Mr. Lebovic and those are found on pages 31 to 40 of the supplemental materials.
Ms. Wolff added that the GHAD submitted a letter to OGLLC which was also included in the Council’s packet. As Mr. Finch points out, the Council sits as the GHAD Board and after speaking with GHAD staff, the intent is to bring something to the GHAD Board at a future GHAD Board meeting to review the status. If the Council has any questions this evening, she sees two members of Engeo are on the attendee list.
William Hudson asked if there is any kind of dollar estimate of how much is at risk here to finish the work. Ms. Layton said they do not have an estimate at this time of what is required to finish.
Councilmember Kosla asked if Bruce Yamamoto from OGLLC could speak. He voiced concerns with what feels like an ambush and asked if this is a negotiating starting point given they have had a great relationship thus far.
Bruce Yamamoto, OGLLC, stated this is unfortunate for them, as well. They are raising some additional equity and debt and markets have been very difficult. Honestly, this caught all of them by surprise, as well and this is not the outcome they wanted. They are always fully committed to finishing, but it is just the financial constraints they are facing at this time.
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Michael Olsen, OGLLC, said in answer to Councilmember Kosla’s question, frankly the letter was a mistake. They did not intend to draw a line in the sand, but that is what it did and he apologized for that. They are trying to correct the purpose of that letter and work with City staff and agencies. They all believe the letter was a knee jerk reaction and they are working diligently with everyone to rectify things.
Michael Muller, Brook Street Corporate Office, confirmed that they did run out of resources. The outstanding transactions for Farallon and others left them without the resources to finish certain items. Mr. Olsen is correct and said the letter was mistimed and he deserves most of the blame for it. The hope was to get together with the City and they were having trouble. They have a panic set of principles and they had to do something, but they will do better in the future. They will make the September 6th appearance, will have positive plans, and Ms. Layton was quite patient with them and they intend to march to a tune that will be acceptable. He did not think everyone will walk away feeling they got 110%, but possibly. They just must sit down and talk about it.
He said some of the conclusions in the attorney’s presentation he would not “take to the bank” but he will take the responsibility for bad timing and will promise the absolute attention of the two remaining principles in the firm. The punch list in the letter about losing Scott Goldie last year threw their northern California operation into a tailspin and they have been on “mop-up” and have not been perfect on every one of the projects. But, he trusts Mr. Yamamoto and Mr. Olsen implicitly and he appreciates the Council’s attention tonight. They will get information Ms. Layton needs and will begin to work with planning staff and agency staff to work on punch list items.
Mayor Fay returned to the City Council for deliberation.
City Manager Biggs emphasized that the original recommended actions have been supplemented to adopt a resolution which talks about deadlines for response and this was provided to Councilmembers today.
Mayor Fay and Councilmembers voiced support of staff’s recommendations, recognized OGLLC representatives’ comments, that they are taking next steps and working with the City, the City Attorney and City staff, and voiced the importance of resolution of the commitments made and issues resolved for Wilder.
Mayor Fay and Councilmembers recognized a speaker and agreed to re-open the public hearing.
Amelia Wilson asked if adoption of a resolution was on the agenda tonight.
City Attorney Wolff confirmed that pages 1 through 4 include the proposed resolution along with supplemental materials which was provided at 3PM today. It contains the staff recommendation as shown in the staff report. Item 4 on the list refers to a continued public hearing on September 27, 2022 and staff anticipates there will be additional information and this same issue will return for an update to the Council at that time.
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Mayor Fay closed the public hearing.
MOTION by Vice Mayor Miller moved and seconded by Councilmember Kosla to adopt Resolution 43-22. Said motion carried by unanimous (5-0) roll call vote.
G.3. Consider an ordinance to update Orinda Municipal Code Section
17.1.11 (Development of lots divided by district boundaries), Section
17.3.5 & 17.3.6 (Small Family Day Care & Large Family Day Care), Section 17.4.18 (Building Projections into Yards and Courts), Section
17.4.31.D (Affordable Housing Incentive Program and Density Bonus), Section 17.11.2 (Open Space District Development Limitations), and Section 17.24.3 (Designation of Heritage Tree). Two of the proposed zoning ordinance amendments are in response to changes in State Law and the others are to update sections of the code where clarification or modification would help with implementation.
Recommendation:
Staff recommends that the City Council waive the full reading of the text and introduce Ordinance 22-02, amending Municipal Code Section 17.1.11 (Development of lots divided by district boundaries), Section 17.3.5 & 17.3.6 (Small Family Day Care & Large Family Day Care), Section 17.4.18 (Building Projections into Yards and Courts), Section 17.4.31.D (Affordable Housing Incentive Program and Density Bonus), Section 17.11.2 (Open Space District Development Limitations), Section 17.24.3 (Designation of Heritage Tree)
Planning Director Drummond Buckley gave the staff report and displayed a slide showing proposed Municipal Code amendments having to do with where one can establish a zoning district boundary for small family day care and large family day care homes, projections that can go into required setbacks, the density bonus issue about what staff requires of applicants to justify concessions or waivers, fixing a typo for the section about open space district development limitations and a change to who needs to sign off on whether a tree can be designated a heritage tree.
Mayor Fay opened the Public Forum.
Sora O’Doherty referred to 17.24.3, the sentence is not grammatically correct and it also states “call” instead of “all” and she asked for another area to read, “to require all property owners within the dripline of a tree ‘to’ consent.”
Mayor Fay asked and confirmed there were no Council comments or questions, and he asked for a motion.
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MOTION by Vice Mayor Miller moved and seconded by Councilmember Kosla to waive the full reading of the text and introduce Ordinance 22-02, amending Municipal Code Section 17.1.11 (Development of lots divided by district boundaries), Section
17.3.5 & 17.3.6 (Small Family Day Care & Large Family Day Care), Section 17.4.18 (Building Projections into Yards and Courts), Section 17.4.31.D (Affordable Housing Incentive Program and Density Bonus), Section 17.11.2 (Open Space District Development Limitations), Section 17.24.3 (Designation of Heritage Tree).
Said motion carried by unanimous (5-0) roll call vote.
H. POLICY MATTERS
H.1. Fuel Reduction Incentive Program Using Measure R Funds Recommendation:
Receive Report, Discuss, and Conceptually Approve Incentive Program as Presented
City Manager Biggs gave the staff report and overview of the Fuel Reduction Incentive Program using Measure R funds, stating the SSTOC reviewed and provided input on the program and formed a two member ad-hoc committee who worked with staff to finalize and make any updates. If the Council approves the program as outlined or with modifications, staff will return with a Resolution in October to formally approve the program and develop an implementation plan, including required applications and forms and outreach materials.
Councilmember Worth referred to those eligible for the program, stating a resident would have to be in a Firewise neighborhood or have met with a Fire Ambassador and have gone through protocols on what is needed for their property. She asked if those on an evacuation route was also included as a third category.
Mr. Biggs explained the Fire Ambassador and being in a Firewise neighborhood is a threshold issue. Funds are initially targeted at properties in evacuation routes, the 3x15 box of juniper and bamboo because that removal is within a certain distance of the roadway, and areas with dead and dying trees along evacuation routes.
Councilmember Kosla asked and confirmed the $599 is per calendar year or tax year for those residents being incentivized.
Vice Mayor Miller asked if there is a legal reason the City would limit the applicants to those on the evacuation routes and questioned those living with Monterey Pine trees not in evacuation routes.
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Ms. Wolff stated she believes this comes down to a policy issue for the Council because in thinking about the gift of public funds doctrine, the key issue is whether there is going to be community-wide benefit resulting from this incentive program. Staff’s reasoning was that in an evacuation, a large segment of the community will need to use evacuation routes so that makes sense as a starting point. But, if the Council were to find there was community benefit to incentivize removal of Monterey Pines outside of that evacuation route, that could also be an alternative focus of the program.
Vice Mayor Miller said she has the sense that while the Fire District has been focusing on evacuation routes it has not been focusing on vegetation on parcels.
Mr. Biggs stated the Fire District sent notices to everyone about what the 13 points to be done on properties. They are doing active inspections along evacuation routes and parcels over 5 acres. So, when the Council discussed what its role should be in roadside vegetation it did not want to change City ordinances, wanted to let the Fire District take the lead, and the City would focus direct incentives to encourage people for this inspection season. But, again this is a policy question. Additionally, the District’s notices are only what they can see from the right-of-way and do not have access to people’s parcels unless they are invited onto them.
Mayor Fay said it is important to understand where the Fire Chief is in terms of his inspections along the routes he is looking at. He was clear that getting compliance is a long timeframe. So, while this is a pilot program it might take 5 years to clear the 80% they really need to get compliance with along evacuation routes and they need to be sustained in their commitment to do that.
Another thing is to think about the North Orinda fuel break which would protect the City from a fire coming in from the wildlands to the north. If they create fuel breaks along all evacuation routes they will have done something similar within the City boundaries that will allow the Fire District more time to fight a fire if it ends up in the City limits. So, this is another policy reason to focus on evacuation routes because they effectively create fuel breaks in various locations throughout the City.
Councilmember Gee said one way to look at this is they are trying their best to encourage everyone in the community to be the best citizens possible and this is akin to Red Flag Warning Days. They must start somewhere and build on that and the City does not have resources to do everything at once. They have focused efforts on having a partnership with MOFD and the Board subcommittee and members of the SSTOC and trying to put together something that matches and be in sync. She sees this as a starting point like starting on El Toyonal and expanding it.
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Council discussion ensued regarding parcels along an evacuation route versus a road, MOFD’s visits to properties and visual limitations unless invited to the backyard, whether it makes any difference if people apply for incentives that have been cited, the abatement and citation process, the importance of advanced noticing of MOFD inspections and timing of the incentive program, instances for junipers and bamboo to be removed if they are within 10 feet of the paved edge of roads and dead and dying trees if they are within 6 feet to a habitable structure, clear marketing of the program, evolution of the program over time and any changes made once results from the pilot program are received, number of properties to benefit from $599 per property, whether property owners will be confused as to whether they are or are not on an evacuation route, and the need for tracking mechanisms with photos and accountability.
Mayor Fay asked or a motion to extend the meeting for another 15 minutes.
EXTEND MEETING:
MOTION by Councilmember Gee moved and seconded by Councilmember Worth to extend the Council meeting to 11:15 p.m. Said motion carried by unanimous (5-0) roll call vote.
Mayor Fay commented that after listening to the Fire Chief and various SSTOC conversations, the Chief put forward the notion that in order to be truly effective in protection from wildfires is they need 80% to 85% compliant parcels in whatever part of the City they are working on. What that says about evacuation routes, coupled with the Chief’s 5-year effort to get Moraga Way cleared, is that this and future Councils will have to be diligent and persistent in pursuing this, even on evacuation routes for an extended period to get to that percentage.
Mayor Fay opened the Public Forum.
Paula Reinman, SSTOC member, thanked Mayor Fay and Councilmember Gee for their service on the 2x2 Committee as well as considering incentives. She advocated for the Council to consider making the incentives available to everyone in the community right away because the purpose of the incentive is to get people to do the clearance work. The Fire Chief will say often that “all progress is good progress” and that everyone is young in this journey. The more caveats and restrictions placed on the program the more difficult it will be for people. If they tell them it is for evacuation routes only residents will not know if they are or not on a route. She noted MOFD’s home hardening grants are for everybody in their jurisdiction.
She then described questions from residents getting a home hardening grant if they are in MOFD territory or just a vegetation management grant if along an evacuation route in the City, Marin’s move to remove restraints around their incentive program, and asked that the Council make it easy for residents.
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Kathy Finch thanked the Council for giving people carrots and not sticks for doing this important work. She is relieved that Measure R funds are being used in this way. At the last SSTOC meeting, the ideas Dr. Radke had were wonderful and she hopes the Council can use his expertise to make Orinda a safe place.
Chris Decareau, SSTOC member, said one of the issues with incentives that he feels they need as a subcommittee is better legal guidance on the gifts of public funds issues.
The current policy before the Council is $599 per parcel and a $400,000 total budget, so it is a limited process. It would be nice to know what type of policies can be developed to release tax funds to the public and in what means and manners. MOFD is set up differently and he finds it confusing, vague, and hard to develop policy recommendations without some legal guidance.
Latika Malkani, SSTOC member, echoed Commissioner Reinman’s comments, thinks tonight’s discussion and the SSTOC meeting’s discussion last week have convinced her that the program needs to be made clear and simple to get the maximum usage from residents. She suggested the Council adopt this in principle tonight and send it to staff and the two SSTOC ad-hoc members with guidance that the program should be simplified and made available to all residents. This could be implemented in the final program and language could be brought back to the Council.
Mr. Biggs commented that the Council heard from three members of the SSTOC tonight which does not match the recommendations made by the entire SSTOC at their meeting so the ad-hoc committee members may have had a change of heart. Typically, there are not individual Commissioners speaking on behalf of the Commission and what the Commission voted on is the program before the Council.
Chris Decareau said it is not so much he is speaking on behalf of the Commission or are trying to subvert the SSTOC. They are just trying to add additional requests to this item so they, as a Commission, can move forward faster, understanding that not everything gets on the agenda in an orderly manner.
Councilmember Gee said she has given thought to some of the issues raised tonight and agrees with Councilmember Worth that this would have to be explained and explained easily. She related this to the CIOC where the City could not have paved every street at the same time. They made it clear to people there was a progression of what they were going to execute. Therefore, she has a hard time believing that people cannot understand that the City is prioritizing and implementing this in an orderly fashion. She understands the incentive of wanting to encourage everyone to do the right thing but her challenge with that is you will get a hodgepodge effect.
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Attachment: City Council Meeting Minutes of August 16, 2022 (2890 : City Council Minutes) Orinda City Council Minutes Page 23 of 25 08.16.22
While she agrees with Commissioner Reinman’s comments that the Chief states “any progress is good progress”, as a civil engineer she does not like the idea of complete randomness when they can perhaps impact corridors that are very important. The Council had laid out a good plan in the CIOC that they were going to do the arterials and collectors on certain schedules and they will get someone’s cul-de-sac, but they would not be the first in line. She does not recall that this resulted in the community falling apart and people understood that.
She knows the program can be modified if it does not work and believes this is a good starting point. It makes sense and, if communicated properly, it would make sense to the community. She is in favor of trying what is proposed conceptually with the evacuation routes and would remain supportive of what they have tried to work through to get to this point, recognizing it has to be communicated appropriately.
EXTEND MEETING:
MOTION by Vice Mayor Miller moved and seconded by Councilmember Worth to extend the Council meeting to 11:30 p.m. Said motion carried by unanimous (5-0) roll call vote.
Vice Mayor Miller voiced appreciation of the discussion and the recommendation staff has worked on. She very much agrees with Councilmember Gee to move forward and get this started. There are reasons for both opening it up to everyone and merit to getting it going and starting with evacuation routes. She also thinks there are many homeowners that have done a lot of work along evacuation routes so she did not want them to feel they have been singled out as not doing any work. $599 will not do the entire job but it may incentivize people to do more work and she voiced her support.
Councilmember Kosla questioned the number of homes on the evacuation route. Mayor Fay said he was not sure but he was sure there are at least 660 homes.
Councilmember Kosla said if not enough people are using the incentives and the Council reviews this, it can be changed to be citywide in the future and indicate a caveat for priority for funding if on an evacuation route.
Councilmember Worth recognized there was consensus to move forward with focus on evacuation routes first. She agrees with Commissioner Reinman in that there is an advantage to offer it to everybody, but if it is the sense of the 2x2, the SSTOC and the Fire District that evacuation routes are the most important then she thinks the Council can evaluate it and put a finite timeframe on it. If it is not working they can open it up to everyone with priority for evacuation routes.
Mayor Fay said he is concerned that if it is opened to the entire community they will spread their limited resources too thin. They will not achieve what the Fire Chief states they should be achieving which is a concentration of many properties that eventually gets to 80% compliance. This is where the real benefit lies for fire prevention.
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Attachment: City Council Meeting Minutes of August 16, 2022 (2890 : City Council Minutes) Orinda City Council Minutes Page 24 of 25 08.16.22
If they do not see compliance or use of funds the Council can re-evaluate it at the end of the year, noting this is a pilot program. He also agreed with the similarity of it to the CIOC.
Councilmember Gee added that they have talked a lot about metrics and this is an important priority as well. They should be able to demonstrate the effective use of tax dollars and the City is also trying to emphasize on MOFD to demonstrate to the community what has been done.
MOTION by Councilmember Kosla moved and seconded by Councilmember Gee to conceptually approve the Incentive Program, subject to further work and direct staff to return on October 1, 2022. Said motion carried by unanimous (5-0) roll call vote.
H.2. Designation of Voting Delegate and Potential Alternate at the League of California Cities Annual Conference
Recommendation:
Designate Voting Delegate (and potential Alternate) at the League of California Cities Annual Business Meeting on September 7-9, 2022 at League Annual Conference and Expo
City Clerk Sheri Smith announced the Councilmember Worth is planning to attend the conference, and Mayor Fay suggested designating her as the Council Voting Delegate.
He confirmed an alternate is not necessarily needed and confirmed Councilmember Worth was attending and had her reservations and flight.
Mayor Fay opened the Public Forum, and there were no speakers.
MOTION by Councilmember Kosla moved and seconded by Councilmember Gee to designate Councilmember Worth as Voting Delegate at the League of California Cities Annual Business Meeting on September 7-9, 2022 at the League Annual Conference and Expo. Said motion carried by unanimous (5-0) roll call vote.
I. COUNCILMEMBERS’ REPORTS – Mayor Fay restated that he and Councilmember Gee participated in the 2x2 Committee meeting yesterday with the MOFD Board. Next to be discussed will be insurance and what could be done to make it less likely people will lose their insurance.
J. CITY MANAGER’S REPORT – City Manager Biggs reported school is back and he reminded people to be safe and slow down.
The Chipper program is available to all residents and there is a new link on the City’s website under Emergency Preparedness, with ease of making an appointment.
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Attachment: City Council Meeting Minutes of August 16, 2022 (2890 : City Council Minutes) Orinda City Council Minutes Page 25 of 25 08.16.22
Lastly, they received the 7-page comment letter from HCD and this is usually a minimum from HCD, noting some letters are 35 pages long. All comments are surmountable, which he described. Staff will continue to work on this and with the consultants to revise and re-submit to be compliant.
K. MATTERS INITIATED – Councilmember Worth requested bringing an item to consider recognizing Ann Parr who taught Clay Class and retired from teaching at the Community Center with potentially naming the Clay Room in her honor, which is consistent with the City’s policy.
MOTION by Councilmember Worth moved and seconded by Councilmember Kosla to approve a Matters Initiated Gee to bring an item to consider recognizing retired teacher Ann Parr who taught Clay Class at the Community Center and naming the Clay Room in her honor. Said motion carried by unanimous (5-0) roll call vote.
L. ADJOURNMENT
The Regular Meeting was adjourned at approximately 11:29 p.m. to the next Regular Meeting on Tuesday, September 06, 2022 at 7:00 p.m.
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Sheri Marie Smith, City Clerk
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Attachment: City Council Meeting Minutes of August 16, 2022 (2890 : City Council Minutes) City Council
Staff Report
Agenda Item: F.2
Date: September 6, 2022
Department: City Clerk
AGENDA TITLE: Authorization For Continued Use of Remote Teleconference for City Meetings
RECOMMENDATION:
Approve the Ratification of Orinda City Council Resolution No. 42-21 and Authorize the Continued Use of Teleconference Meetings for the Period of September 7, 2022 to October 6, 2022 Pursuant to the Provisions of Assembly Bill 361.
BACKGROUND:
On October 5th, 2021 the Orinda City Council adopted Resolution No. 42-21 approving the continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill 361. The resolution was ratified on October 19, 2021, and at subsequent meetings through 2021 and 2022.
DISCUSSION:
At the time of adoption, the City Council anticipated that the resolution would appear on its consent calendar for review and ratification or update at regular Council meetings.
The State law authorizes the continuation for as long as the Governor’s proclaimed state of emergency relating to the COVID-19 pandemic remains in effect. On February 25, 2022 Governor Newsom issued an Executive Order which extends the emergency proclamation to June 30, 2022. State law also provides that the City Council determine that they desire to continue remote public meetings and make the necessary findings at least every thirty days. Those findings were contained in Orinda City Council Resolution No. 42-21, which staff recommends the Council vote to ratify based on current conditions.
Approval of this item will allow all public bodies established by the City of Orinda and covered by Resolution No. 42-21 to continue to conduct teleconferencing meetings.
On August 9, 2022, Contra Costa Health Services issued the attached revised Recommendations for Safely Holding Public Meetings in which online meetings are still encouraged.
FISCAL IMPACT:
None.
ATTACHMENTS:
A. Weblink to: Staff Report, Adopted Resolution at October 5, 2021 Council Meeting B. Contra Costa Health Services Recommendations for Safely Holding Public Meetings F.2
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Respectfully Submitted by:
Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
Approved by:
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Recommendations for safely holding public meetings
Each local government agency is authorized to determine whether to hold public meetings in person, on-line (teleconferencing only), or via a combination of methods. The following are recommendations from the Contra Costa County Health Officer to minimize the risk of COVID 19 transmission during a public meeting.
1. Online meetings (i.e. teleconferencing meetings) are encouraged, where practical, as these meetings present the lowest risk of transmission of SARS CoV-2, the virus that causes COVID 19. This is particularly important when community prevalence rates are high. Our current trends as of August 9, 2022 in Covid-19 case rate, test positivity, Covid-19 hospitalizations, and Covid-19 wastewater surveillance are stable, but still remain high at this time. In addition to this, the predominant variant of Covid-19 being identified continues to be the Omicron variant and it’s subvariants the impact of which on the spread of Covid-19 has shown to dramatically increase COVID-19 transmission.
2. If a local agency determines to hold in-person meetings, offering the public the opportunity to attend via a call-in option or an internet-based service option is recommended, when possible, to give those at higher risk of and/or higher concern about COVID-19 an alternative to participating in person.
3. A written safety protocol should be developed and followed. It is recommended that the protocol require social distancing, where feasible – i.e. six feet of separation between attendees; and consider requiring or strongly encouraging face masking of all attendees and encouraging attendees to be up-to-date on their COVID-19 vaccine.
4. Seating arrangements should allow for staff and members of the public to easily maintain at least six-foot distance from one another at all practicable times.
5. Consider holding public meetings outdoors. Increasing scientific consensus is that outdoor airflow reduces the risk of COVID-19 transmission compared to indoor spaces. Hosting events outdoors also may make it easier to space staff and members of the public at least 6 feet apart. If unable to host outdoors, consider ways to increase ventilation and flow of the indoor space to reduce the risk of COVID-19 while indoors.
6. Current evidence is unclear as to the added benefit of temperature checks in addition to symptom checks. We encourage focus on symptom checks as they may screen out individuals with other Covid-19 symptoms besides fever and help reinforce the message to not go out in public if you are not feeling well.
7. Consider a voluntary attendance sheet with names and contact information to assist in contact tracing of any cases linked to a public meeting.
Revised 8-9-2022
Sefanit Mekuria, MD, MPH
Deputy Health Officer, Contra Costa County
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Attachment: Contra Costa Health Services Recommendations for Safely Holding Public Meetings (2893 : Ratify Continued Teleconference City Council
Staff Report
Agenda Item: F.3
Date: September 6, 2022
Department: City Clerk
AGENDA TITLE: Adoption of Ordinance No. 22-03 - Amending Zoning Map 10 Irwin Way
RECOMMENDATION:
Adopt Ordinance No. 22-03, waiving second reading, An Ordinance Amending the Zoning Map to Designate a Portion of the Property at 10 Irwin Way “Residential Medium Density” and Applying the “Senior Housing Overlay District” to a Portion of the Property at 10 Irwin Way
BACKGROUND:
At the City Council Meeting of August 16, 2022, Ordinance No. 22-03 was introduced as presented. No changes were proposed. The Ordinance is included as an attachment and a weblink to the staff report from that meeting is available below.
DISCUSSION:
Ordinance No. 22-03 is on this agenda for consideration of adoption.
FISCAL IMPACT:
None.
ATTACHMENTS:
A. Ordinance 22-03 City Council Ordinance Amending Zoning Map and Applying SH-O
8.9.22 B. Additional Correspondence Received
C. Weblink to Staff Report from City Concil Meeting of August 16, 2022 Respectfully Submitted by:
Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
Approved by:
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Attachment: Ordinance 22-03 City Council Ordinance Amending Zoning Map and Applying SH-O 8.9.22 (2892 : Adoption of Ordinance No. 22- F.3.a
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Attachment: Ordinance 22-03 City Council Ordinance Amending Zoning Map and Applying SH-O 8.9.22 (2892 : Adoption of Ordinance No. 22- F.3.a
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Attachment: Ordinance 22-03 City Council Ordinance Amending Zoning Map and Applying SH-O 8.9.22 (2892 : Adoption of Ordinance No. 22- F.3.a
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Attachment: Ordinance 22-03 City Council Ordinance Amending Zoning Map and Applying SH-O 8.9.22 (2892 : Adoption of Ordinance No. 22- F.3.b
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Attachment: Additional Correspondence Received (2892 : Adoption of Ordinance No. 22-03 Amending Zoning Map 10 Irwin Way) City Council
Staff Report
Agenda Item: F.4
Date: September 6, 2022
Department: City Clerk
AGENDA TITLE: Adoption of Ordinance No. 21-02 - Miscellaneous Amendments to Zoning Code
RECOMMENDATION:
Adopt Ordinance No. 22-02, waiving second reading, An Ordinance Updating Zoning Code Section 17.1.11 (Development on lots divided by district boundaries), Section
17.3.5 (Small family day care), Section 17.3.6 (Large family day care), Section 17.4.18 (Building projections into yards and courts), Section 17.4.31 (Affordable housing incentive program and density bonus), Section 17.11.2 (Open space district - Development limitations), and Section 17.24.3 (Designation of heritage tree) of the City’s Zoning Code.
BACKGROUND:
At the City Council Meeting of August 16, 2022, Ordinance No. 22-02 was introduced as presented. No changes were proposed. The Ordinance is included as an attachment and a weblink to the staff report from that meeting is available below.
DISCUSSION:
Ordinance No. 22-02 is on this agenda for consideration of adoption.
FISCAL IMPACT:
None.
ATTACHMENTS:
A. Ordinance 22-02 Miscellaneous Amendments to Zoning Code B. Weblink to Staff Report on August 19, 2022 City Council Meeting Respectfully Submitted by:
Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
Approved by:
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1 BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
Ordinance 22-02
Whereas, the City Council of the City of Orinda has determined it is appropriate to make certain modifications, clarifications, updates, and corrections to the Zoning Code.
Now therefore, the City Council DOES ORDAIN as follows:
SECTION 1.
The City Council of the City of Orinda intends, by adopting this ordinance, to amend the following provisions of the City’s Zoning Code: Section 17.1.11 (Development on lots divided by district boundaries), Section 17.3.5 (Small family day care), Section 17.3.6 (Large family day care), 17.4.18 (Building projections into yards and courts), Section
17.4.31 (Affordable housing incentive program and density bonus), Section 17.11.2 (Open space district - Development limitations), and Section 17.24.3 (Designation of heritage tree).
SECTION 2.
The following portions of the Zoning Code are amended and added as specified below and in Attachment A. Attachment A shows additions with double-underlined text and deletions with strike-out text.
Municipal Code Provision Action
1 §17.1.11 Text amended as shown in Attachment A.
2 §17.3.5 Text amended as shown in Attachment A.
3 §17.3.6 Text amended as shown in Attachment A.
4 §17.4.18 Text amended as shown in Attachment A.
5 §17.4.31 Text amended as shown in Attachment A.
6 §17.11.2 Text amended as shown in Attachment A.
7 §17.24.3 Text amended as shown in Attachment A.
SECTION 3.
This ordinance is consistent with the Orinda General Plan.
In the Matter of: An Ordinance Updating Zoning Code
Section 17.1.11 (Development on lots divided by district boundaries), Section 17.3.5 (Small family day care),
Section 17.3.6 (Large family day care), Section 17.4.18 (Building projections into yards and courts), Section
17.4.31 (Affordable housing incentive program and
density bonus), Section 17.11.2 (Open space district -
Development limitations), and Section 17.24.3
(Designation of heritage tree) of the City’s Zoning Code.
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Attachment: Ordinance 22-02 Miscellaneous Amendments to Zoning Code (2891 : Adoption of Ordinance No. 22-02 Miscellaneous Amendments 2 SECTION 4.
The City Council finds that this ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines (Title 14 of the California Code of Regulations) Sections 15305 (Minor Alterations in Land Use Limitations), 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change in the environment, directly or indirectly. Further, this action is exempt from CEQA under CEQA Guidelines section 15061(b)(3) (the amendments are exempt because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment).
SECTION 5.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance irrespective of the invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.
SECTION 6.
The City Clerk shall either (a) have this ordinance published once within fifteen (15) days after adoption in a newspaper of general circulation, or (b) have a summary of this ordinance published twice in a newspaper of general circulation, once five (5) days before its adoption and again within fifteen (15) days after adoption.
Following a duly-noticed public hearing, the foregoing ordinance was introduced at a meeting of the City Council of the City of Orinda held on August 16, 2022 and was adopted and ordered published at a regular meeting held on September 6, 2022 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_______________________________
Dennis Fay, Mayor
ATTEST:
_______________________________
Sheri Marie Smith, City Clerk
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Attachment: Ordinance 22-02 Miscellaneous Amendments to Zoning Code (2891 : Adoption of Ordinance No. 22-02 Miscellaneous Amendments 3 ATTACHMENT A:
1. Development on lots divided by district boundaries.
Municipal Code section 17.1.11 is amended as follows:
If aA zoning district boundary does not run along a property boundary, so that a lot is in more than one zoning district, the zoning district with the more restrictive regulations shall apply to the entire lot. This rule shall not, however, apply to, including overlay zoning, which may apply to portions of lots as well as entire lots.
2. Small family day care.
Municipal Code section 17.3.5 is amended as follows:
The use of single-family residences as small family day care homes shall be considered a residential use of property and can be located in a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family day care home is where the family day care provider resides, and includes a dwelling or dwelling unit that is rented, leased, or owned. No business license fee or tax shall be imposed for the privilege of operating a small family day care home. Also, such use of a residence shall not constitute a change of occupancy for the purposes of the Uniform Building Code. However, small family day care homes shall contain a fire extinguisher or smoke detector device, or both, which meets standards established by the State Fire Marshal (Government Code Section 1597.45).
3. Large family day care.
Municipal Code section 17.3.6 is amended as follows:
The use of single-family residences as large family day care homes shall be considered a residential use of property. No business license fee or tax shall be imposed for the privilege of operating a large family day care home and it can be located in a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A large family day care home is where the family day care provider resides and includes a dwelling or dwelling unit that is rented, leased, or owned. Also, such use of a residence shall not constitute a change of occupancy for the purposes of the Uniform Building Code. Large family day care homes are subject to the State Fire Marshal standards for large family day cares (Government Code Section 1597.46) and include requirements for a fire extinguisher or smoke detector device, or both; requirements for carbon monoxide detectors; specifications as to the number of required exits from the home; specifications as to the floor or floors on which childcare may be provided; and the number of exits on each floor.
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Attachment: Ordinance 22-02 Miscellaneous Amendments to Zoning Code (2891 : Adoption of Ordinance No. 22-02 Miscellaneous Amendments 4 Large family day care homes shall be allowed in single-family residences located on residentially zoned lots; provided, an administrative use permit is first obtained from the Zoning Administrator before such use shall be authorized. The requirements for the issuance of an administrative use permit are as follows:
A. Fees. The fees imposed for an application shall not exceed the costs of the application review process. The Zoning Administrator is authorized to establish the fee and amend it from time to time to reflect the actual cost.
B. Site Factors. Site factors to be considered shall include but not be limited to available play area, local traffic and street design, and impacts on surrounding land uses. No administrative use permit shall be issued if there is another approved large family day care home operating adjacent to the proposed site or if the granting of the permit will result in a residence being bounded on more than one side by a large family day care facility.
C. Parking. If the operator is to have more than one employee or care provider other than himself or herself, off-street parking shall be provided for each such additional employee or provider.
D. Garage Use. The use of a garage for the purpose of large family day care shall not decrease the amount of off-street covered parking required for the residence.
E. Noise Impacts. The Zoning Administrator shall determine that the layout of the site, particularly the location of the outdoor play areas, minimizes any noise impact on surrounding residences. In addition, the playing of any radio, stereo, cassette deck, phonograph or other musical device or instrument in a loud or disturbing manner shall be prohibited. Upon the receipt of complaints regarding noise from neighbors, the Zoning Administrator shall have the authority to begin revocation proceedings as specified in this title for use permits, or the Zoning Administrator may impose reasonable requirements for sound attenuation, including but not limited to soundbuffering walls or fences.
F. Signs. There shall be no sign or other exterior evidence identifying the day care operation.
G. Procedure. If the Zoning Administrator determines that the applicant meets the standards set forth in this section, and after providing notice under Section 17.42.1 the Zoning Administrator shall issue the administrative use permit, with such conditions as the Zoning Administrator considers reasonably necessary to meet the standards of this section.
H. Application. This section shall apply to large family day care homes which have been issued a license from the state after April 10, 1986 (Government Code Section 1597.46).
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Attachment: Ordinance 22-02 Miscellaneous Amendments to Zoning Code (2891 : Adoption of Ordinance No. 22-02 Miscellaneous Amendments 5 4. Building projections into yards and courts.
Municipal Code section 17.4.18 is amended as follows:
A structure that is otherwise compliant with the required minimum yard setback referenced in 17.4.2 is permitted to project into a that required minimum yard setback as follows:
A. Cornice, eave, overhang or similar ornamental features may encroach three feet into a front, side or rear yard.
B. Chimney or fireplace may encroach three feet into a front or rear yard and two feet into a side yard with a maximum width of six feet below the second floor line or eave line in the case of a one story structure, and four feet wide above that point.
C. Unenclosed stairways and landings may encroach four feet into a front, side or rear yard up to a maximum height of seven feet above existing grade, as measured to the top of code required guardrails.
D. A cantilevered awning, canopy or balcony may encroach two and one-half feet into a front, side or rear yard.
E. A patio, deck, porch, access drive, access walk, or stairs under thirty (30) inches above existing or finished grade, whichever is lower, may encroach into any required setback. A deck over thirty (30) inches above grade is subject to Section 17.4.28.
F. A bay window may encroach no more than two feet into the prescribed setback.
This authorization for building projections into yards and courts does not apply to structures that are subject to minimum yard setbacks that are less restrictive than those referenced in 17.4.2.
5. Affordable housing incentive program and density bonus.
Municipal Code section 17.4.31(D) is amended as follows:
D. Application. Applicants requesting a density bonus, incentive(s) or concession(s) shall submit an application to the Planning Director together with the first application for approval of the development. The application shall include at least the following information:
(1) A concise written description of the project and the planning approval(s) requested.
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Attachment: Ordinance 22-02 Miscellaneous Amendments to Zoning Code (2891 : Adoption of Ordinance No. 22-02 Miscellaneous Amendments 6 (2) A site plan showing the location and general layout of the proposed development, surrounding land uses and roadways, total number of units, number and location of affordable units, and number and location of density bonus units.
(3) Level of affordability of qualifying units and proposals for ensuring affordability.
(4) Description of any requested incentive(s) or concession(s), including any proposed waiver(s) or modification(s) of development standards, and/or parking standards. This request shall be accompanied by a description of the rationale and accurate supporting information sufficient to demonstrate that any requested concession(s) or incentive(s) are necessary to make the affordable units economically feasible.
(5) Reasonable documentation to establish eligibility for the requested density bonus, incentive(s) or concession(s), waiver(s) or reduction(s) of development standards and/or parking ratios. The application shall identify upon which basis of Government Code Section 65915 the applicant elects to calculate its density bonus. If incentive(s) or concession(s) are requested, the application shall include an explanation of how the incentive(s) or concession(s) result in identifiable and actual cost reductions as described in Government Code Section 65915. If waiver(s) are requested, the application shall describe with a narrative and/or drawings how application of the development standard(s) the applicant seeks to waive would have the effect of physically precluding the construction of the proposed development at the densities and with the concession(s) or incentive(s) permitted. If a density bonus parking ratio is requested, the application shall identify which parking ratio in Government Code section 65915 applies and describe the characteristics of the proposed development or site that qualify the proposed development for that parking ratio.
(65) If an applicant proposes to donate land to the city pursuant to Government Code Section 65915(h), the application shall provide evidence that each of the associated eligibility conditions has been met.
(76) If an applicant proposes to develop a child care facility pursuant to Government Code Section 65915(i), the application shall show the location and square footage of the child care facility and provide evidence that each of the associated eligibility conditions has been met.
(7) Information demonstrating the feasibility of the project as proposed including the following:
(a) A development pro forma with the capital costs, operating expenses, return on investment, revenues, loan-to-value ratio and the debtF.4.a Packet Pg. 48
Attachment: Ordinance 22-02 Miscellaneous Amendments to Zoning Code (2891 : Adoption of Ordinance No. 22-02 Miscellaneous Amendments 7 coverage ratio, including the contribution provided by any applicable subsidy programs, and the economic effect created by the use and income restrictions of the affordable housing units.
(b) An appraisal report indicating the value of the proposed density bonus and concession(s) or incentive(s).
(c) Sources and use of funds statement identifying the projected financing gap of the project with the affordable housing units that are the basis for granting the proposed density bonus and concession(s) or incentive(s). The applicant shall establish how much of the gap would be covered by the density bonus, leaving a remainder figure to be covered by an additional concession(s) or incentive(s).
(8) Such other materials as the Planning Director may determine are necessary to review the request in accordance with this code and state law.
6. Open space district – Development limitations.
Municipal Code section 17.11.2 is amended as follows:
No further subdivision of lots in the open space district shall be permitted, and no more than one single- family residence shall be permitted on a lot legally created prior to February 1, 2000.
7. Designation of heritage tree.
Municipal Code section 17.24.3 is amended as follows:
A person may nominate a tree for designation by the City Council as a heritage tree.
The City Council may seek a technical or professional evaluation of the proposed designation prior to taking action on the nomination. If the City Council approves the nominated tree and the property owner consents all the owners of property located within the dripline of the proposed heritage tree consent, the tree shall be officially registered by resolution, identified on the city's heritage tree map, and marked nearby with a sign.
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Attachment: Ordinance 22-02 Miscellaneous Amendments to Zoning Code (2891 : Adoption of Ordinance No. 22-02 Miscellaneous Amendments City Council
Staff Report
Agenda Item: H.1
Date: September 6, 2022
Department: Planning Department
AGENDA TITLE: Downtown Precise Plan Draft Vision & Guiding Principles Chapter RECOMMENDATION:
Staff recommends the City Council receive the staff report, take public comment, and provide feedback. No action will be taken.
BACKGROUND:
The Downtown Precise Plan (DPP) process began in January 2020 and has a target completion date of December 2022. The goal of the DPP is to have an adopted plan that encourages revitalization in downtown Orinda. A key component of this plan is the establishment of goals and guiding principles that serve the community’s vision. The draft Vision & Guiding Principles chapter is built upon prior discussions at workshops, particularly the June 23, 2020 community workshop that showcased an early draft of this chapter, as well as public input from 2020 and 2022 downtown surveys. The goal setting performed during the 2020 community workshop was integral to determining the scope of the DPP.
An overview of the DPP, including links to prior meetings and its relationship to the City of Orinda’s 6th Cycle Housing Element, can be found on the dedicated website for these projects: https://www.planorinda.com/
DISCUSSION:
The focus of this meeting is the draft Vision & Guiding Principles chapter of the Downtown Precise Plan (DPP). This meeting is intended to provide an opportunity for the City Council and members of the public to offer comments, feedback, and guidance that will result in the final version of the proposed chapter.
The newest draft Vision & Guiding Principles chapter of the Downtown Precise Plan (DPP) represents a proposed final version that has been refined to reflect the extent of DPP efforts to date, ensure a clear vision for the future of Downtown Orinda, and establish a comprehensive set of goals and policies that will guide the community towards that vision. This draft was recently refined in response to the public comments and Downtown Planning & Housing Element Subcommittee feedback received during a public meeting on July 18, 2022, as well as to Planning Commission feedback received during a public meeting on August 9.
RELATIONSHIP OF DPP TO ORINDA’S GENERAL PLAN
Orinda’s General Plan was adopted in 1987 and has never been comprehensively updated. By state law, general plans are “each local government’s blueprint for meeting the community’s long-term vision for the future” (Office of Planning and Research).
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Land use decisions must be consistent with an agency’s adopted (or amended) general plan. A summary of potentially downtown-planning-related policies in the Orinda General Plan is attached to this report. Some of these policies will need to be eventually updated, as will the related General Plan Land Use Map. However, the proposed Vision & Guiding Principles for the DPP are consistent with most of the relevant policies in the Orinda General Plan. They are also consistent with the draft Safety Element and Housing Element, two comprehensive amendments required by State law that are planned for adoption concurrent with the DPP.
VISION & GUIDING PRINCIPLES SOURCES OF INPUT
The vision statement, guiding principles, goals, and policies within the proposed DPP Vision & Guiding Principles chapter were tailored from community input during the online surveys, stakeholder interviews, and public meetings. Other sources of guidance include recommendations from the Planning Process Review Task Force (PPRTF) in 2009, the Urban Land Institute (ULI) in 2017, and the National Main Street Center (NMSC) in 2017. Several principles are closely linked to the goals of the 2019 ConnectOrinda plan and the upcoming goals detailed in the draft 6th Cycle Housing Element. Finally, principles were also shaped through efforts and input around inclusivity and community identity during the 2022 Fair Housing Survey and the Affirmatively Furthering Fair Housing (AFFH) workshop, and the Inclusion, Diversity, Equity, and Action (IDEA) efforts and subsequent joint proclamation of the City of Orinda and Orinda Union School District.
Following is a brief overview of the public engagement process that directly contributed to the formation of the proposed vision, principles, and goals.
Community surveys & stakeholder interviews
DPP Online Survey (May 2020)
The Planning Department launched an online survey in May 2020 to raise awareness on downtown planning, engage the community, and increase participation in the DPP process. Staff also viewed the online survey as an economical medium to gauge public opinion and capture different perspectives. Furthermore, the informal online survey presented an opportunity to any party interested in Downtown Orinda to weigh in on the conversation. Unlike a scientific survey which customarily limits randomly-selected participants to choose from a narrowed list of options, this informal online survey offered the benefit of collecting qualitative, open-ended responses. The survey included 13 questions and received responses from 728 people.
Stakeholder interviews (June 2020)
Staff conducted 18 different stakeholder interviews to learn about the challenges facing Downtown Orinda as well as identify possible opportunities for its future. The purpose of the interviews was to learn about stakeholders’ experiences using, working, or owning property in Downtown Orinda and to learn from their perspectives about what is working well, and not so well, in the project area. Stakeholders included various groups/organizations interested in the future of downtown as well as business owners/representatives, leasing agents, and future users, particularly Orinda’s youths, who typically do not participate in traditional meetings and surveys.
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Downtown Satisfaction Survey (April 2022)
A second online survey was conducted in April 2022 to obtain feedback on resident satisfaction with downtown Orinda. 493 responses were received and 43.9% of respondents indicated they are dissatisfied or very dissatisfied with the existing overall experience of downtown Orinda, while only 34.7% of respondents expressed satisfaction with downtown Orinda. This survey enabled staff to clearly identify areas for improvement in the downtown where residents feel services are lacking, and highlight positive aspects that should be preserved or enhanced.
Workshops
In 2020, The Planning Commission and the Downtown Subcommittee held two joint meetings via Zoom webinar that began the discussion on the vision and goals of the Downtown Precise Plan (DPP):
Community Workshop #1 (May 26, 2020)
At the first informational workshop, staff provided an overview of past downtown planning efforts, state and local policies and regulations, and existing conditions downtown. These topics established a backdrop against which decision-makers and community members could begin thinking about a desired future that can be supported by Orinda’s values and evolving needs.
Community Workshop #2 (June 23, 2020)
The second workshop included a discussion of responses received through the 2020 DPP online survey, kids survey, and stakeholder interviews. Staff assessed community responses in order to guide the initial drafting of the vision statement, goals, and objectives for the DPP. Staff presented the proposed vision statement and goals at the workshop, which were discussed by Commissioners and members of the public.
Draft Vision & Guiding Principles Presentation (Subcommittee) (July 18, 2022) Draft Vision & Guiding Principles Presentation (Planning Commission) (August 9, 2022) These meetings, held with the Downtown Subcommittee and the Planning Commission, included the presentation of the updated Vision & Guiding Principles draft chapter.
During the meetings staff received public comment and Subcommittee/Planning Commission feedback on the community’s vision and goals for downtown. In particular, the Subcommittee requested that staff incorporate a tenth Guiding Principle that would serve to guide the community’s vision for sustainability and climate adaptation in the downtown.
PROPOSED VISION & GUIDING PRINCIPLES STRUCTURE
Following is a description of the proposed structure for the Vision & Guiding Principles chapter. The full draft of this chapter is included as Attachment A. The full draft of only the text of this chapter is included as Attachment B (clean copy) as well as Attachment C (with tracked changes to show edits made since the July 18 Subcommittee meeting).
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The Vision & Guiding Principles chapter will detail the intended outcomes of the DPP. It describes the envisioned form that the future downtown area will take, establishes a series of principles that guide the city’s efforts toward specific outcomes, and details supporting goals and specific policies that will achieve these intended results. Below, the structure of the draft Vision & Guiding Principles chapter is described in greater detail.
Vision Statement
A vision statement describes what a community hopes to be or become in the long-run.
It visualizes a future in which the common goals and aspirations of the community have been successfully pursued. Decision-makers use a vision statement to direct future policy and development in ways that help achieve the vision.
Orinda’s proposed downtown vision statement, which provides an aspirational vision of downtown Orinda as it might be in the future, is based on the 2020 DPP online community survey and stakeholder interviews, as well as on the community’s feedback from prior downtown planning efforts. Staff proposed an early version of the vision statement at the Community Workshop #2 in June, 2020, which has been updated to incorporate the current scope of the DPP’s overarching goals. Staff now proposes the following vision statement:
Downtown Orinda is a vibrant, welcoming, and accessible destination that is home to a variety of restaurants, specialty businesses, and diverse housing options that serve the Orinda community; celebrates Orinda’s history and semi-rural heritage while supporting new, highquality development that breathes life and beauty into the downtown; espouses community stewardship of the natural environment; promotes lively, interconnected entertainment spaces to celebrate the arts and bring people together through events and performances; fosters responsible growth by supporting a dynamic employment center and managing safe, multimodal transportation; and upholds the dignity and safety of all who use the downtown.
Guiding Principles
Guiding principles are the essential areas of improvement that direct the community’s focus and efforts toward achieving its overarching vision. Guiding principles represent the concerns and actions of community members who already work earnestly toward achieving these goals. Each guiding principle for downtown Orinda is accompanied by a more specific long-range vision of how the community might take shape around the principle if it has been diligently acted upon.
Goals
Goals are more focused objectives that support the achievement of the Guiding Principles. Within the DPP framework, a goal is the community’s aspiration for a specific future condition. Each Guiding Principle is supported by two to four specific goals.
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Policies
Policies are specific statements of the City's approach and commitment to a particular goal. If each goal is considered to be an objective the community hopes to achieve within the downtown, the specific supporting policies are the ways in which the city will work to achieve the goal.
Following is a detailed list of the proposed Guiding Principles, goals, and policies. 1 Revitalize the Downtown Economy
A strong sense of cooperation and mutual support exists between the members of the business community, downtown property owners, and the City. The needs of cherished long-time businesses are reflected in downtown decision-making, enabling their resilience and continued service within the community. Newer businesses find support and resources for starting up operations in Orinda. The business environment is well-networked through downtown business and professional organizations.
1.1 Foster a healthy business environment through careful planning, guided private development, and public investment.
1.1.1 Support reinvestment and encourage business growth and retention.
1.1.2 Promote an environment for small business resiliency. Encourage the creative inclusion of small and micro-retail in larger development sites that create a diverse range of economically accessible commercial space options for business owners.
1.1.3 Study evolving market demand and maintain a critical assessment of Orinda's entrepreneurial ecosystem in order to guide public and private investment and allocate resources accordingly.
1.1.4 Seek partnerships with and supportive policies for quality developers of commercial, mixed-use, and affordable housing developments.
1.2 Improve business startup processes and small business access to resources, supportive infrastructure, and business networking opportunities.
1.2.1 Explore opportunities to streamline business startup processes.
1.2.2 Seek innovative strategies to improve the local public digital infrastructure, including cell, fiber, and wi-fi networks.
1.2.3 Enhance the City's coordination with the business community and downtown property owners throughout the public engagement process for proposed downtown development standards and projects.
1.2.4 Educate the community on available grant funding opportunities and small business resource programs.
1.2.5 Support the development of downtown groups and networking activities for professionals and entrepreneurs.
1.2.6 Cooperate with the Orinda Chamber of Commerce. Expand partnerships between the City and community organizations in order to provide events and seminars benefitting business connections.
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2 Enable and Attract a Diversity of Land Uses
Orinda houses a diverse mix of independent businesses that exemplify Orinda’s small-town character. Orindans travel downtown to shop at specialty grocery shops in a lively market hall and dine at a variety of high-quality restaurants, while guests to Orinda can stay in a charming boutique hotel surrounded by shops and restaurants. Community-serving local establishments provide a myriad of options that serve the daily needs of residents and visitors, and include affordable and accessible options for all income levels. Downtown housing has been incorporated into mixed-use projects to better support local establishments.
Downtown housing supports families, seniors, and young professionals from a variety of backgrounds who help foster a sense of community downtown and contribute to a lively and engaging atmosphere.
2.1 Increase land use diversity that supports the needs of Orinda's residents and businesses, as well as attracts visitors from the Lamorinda region.
2.1.1 Encourage eclectic retail and entertainment establishments to locate downtown and consider regulations that support such uses.
2.1.2 Consider regulations that would allow development of coworking, business incubator, and flexible live/work spaces that accommodate the needs of a burgeoning work-from-home population.
2.1.3 Explore regulations that would allow innovative uses of space beyond retail, such as small-scale manufacturing and other creative spaces.
2.1.4 Discourage ground-floor uses that detract from pedestrian-oriented activity.
2.1.5 Encourage a variety of local dining opportunities including a greater variety and higher quality of restaurants and outdoor dining.
2.1.6 Work to attract a specialty grocery store or market hall that energizes the retail sector and enhances the downtown shopping environment.
2.1.7 Explore regulations that would allow and attract a boutique-scale hotel or Main Street style inn that increases the capacity for locally-serving hospitality.
2.2 Meet some of the community’s housing needs downtown per the Regional Housing Needs Allocation set by the Association of Bay Area Governments.
2.2.1 Consider revisions to the general plan and zoning designations applicable to downtown properties to support the capacity for new housing.
2.2.2 Pursue objective design standards in response to state legislation for qualifying multi-family housing projects.
2.2.3 Explore regulations that would encourage residential mixed-use development that incorporates neighborhood-serving retail and commercial uses on the ground floor.
2.2.4 Work to encourage housing density at a level that is compatible with locallyserving land uses, while maintaining an accessible downtown for all of Orinda.
2.2.5 Focus on the production of an expanded variety of quality housing choices that are inclusive of all ages and income levels.
2.2.6 Pursue the goals of the 6th Cycle Housing Element. Review and promote consistency between the Downtown Precise Plan policies and future Housing Element cycles.
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2.2.7 Focus on vacant and/or underutilized sites as possible locations for residential redevelopment. In particular, consider the western edge of the Village District near the San Pablo Creek, where the downsloping properties may better accommodate increased building heights away from the street.
2.2.8 Check for consistency with all elements of the City’s General Plan (e.g., Land Use Element, Open Space Element, Circulation Element, Conservation Element, Noise Element) and consider proposed changes as appropriate, prior to implementing the policies proposed in this DPP.
2.3 Plan for potential housing, office, and/or retail development adjacent to downtown areas.
2.3.1 Coordinate with Caltrans and BART for Transit-Oriented Development (TOD) at the Orinda BART station. Use BART’s published materials along with its adopted policies and performance metrics to develop a precise plan and objective design standards that would guide TOD at this station’s parking areas.
2.3.2 Consider objective design standards to facilitate high quality, contextuallysensitive multifamily residential development in conjunction with rezoning to meet Housing Element obligations.
3 New Development Enhances the Appearance of Downtown
Downtown Orinda has developed into a network of buildings old and new, eclectic but cohesive, organic yet well-ordered. Newer, community-oriented architecture and sensitive site design compliment older iconic buildings through cohesive architectural styles and appropriate detailing. A variety of downtown residential buildings provide a permanent sense of community through the neighborhoodoriented placemaking that has been incorporated into their design. Although downtown Orinda has filled in and scaled up in places, the new downtown fabric retains a sense of village charm through attractive, main street-style development.
3.1 Pursue objective design standards that guide the development of appropriately-scaled, contextually compatible buildings that strengthen and enhance the downtown's village character.
3.1.1 Explore regulations that would require new development to incorporate engaging elements where buildings are located along public sidewalks. These elements might include shopfronts, porches, stoops, and public terraces that strengthen connections between the public realm and downtown buildings. Where uses are inconsistent with an active pedestrian realm, such as with parking garages, regulations should require developments to include street-fronting, pedestrianoriented uses that conceal the conflicting use.
3.1.2 Strive to adopt regulations that would gradually transition from smaller buildings near residential neighborhoods to larger, more centralized buildings. Buildings should be scaled in respect to their surroundings and support a moderate intensity of neighborhood and community-serving uses. Projects with larger development footprints should integrate with the existing developed environment and provide a varied character.
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3.1.3 Set height limits that maintain a desirable development scale while contributing to the revitalization of downtown Orinda. Building heights for each area should be objective and written to require buildings to harmonize with the built and natural environments while reducing constraints on / ensuring the viability of redevelopment.
3.1.4 Explore regulations that would reduce building setbacks from the sidewalk.
Combined with widening sidewalks where possible, this would be intended to promote pedestrian comfort and active engagement with a main street environment.
3.1.5 Pursue objective regulations that would require development to step back at upper stories to reduce the perceived mass of buildings at the street level, blend the roofline of taller buildings with lower buildings, and create light and view corridors between structures.
3.1.6 Consider objective regulations that would promote vertical mixed-use buildings, particularly at major intersections, that include ground-floor commercial, retail, and entertainment spaces that contribute to an active sidewalk. In areas of lower intensity, focus on objective regulations that would allow horizontal mixed use that locates commercial, services, and housing within short distances of each other.
3.2 Foster a supportive environment for responsible downtown development.
3.2.1 Offer development incentives (e.g., density bonuses) consistent with State Law to encourage appropriate development.
3.2.2 Approach development decisions with pragmatism and with a clear understanding of trade-offs.
3.2.3 Research possible incentives and streamlined processes for combining small lots into larger sites suitable for redevelopment.
3.3 Reduce blight and activate underutilized properties.
3.3.1 Encourage appropriate infill development or redevelopment of blighted and vacant properties.
3.3.2 Look for opportunities to reduce or better activate existing deep setbacks.
3.4 Pursue Public Works projects that beautify and enhance the sense of place downtown.
3.4.1 As resources allow, implement the recommendations and actions of ConnectOrinda for maintaining the public realm.
3.4.2 As resources allow, implement the recommendations and actions of ConnectOrinda for establishing community gateway markers, appropriate pedestrian lighting, and street furnishings, and public parklets.
3.4.3 Consider public/private partnerships to address the constraints imposed by the PG&E easement and transmission towers with no net financial cost to the City. 4 Facilitate Historical Preservation and Celebrate Orinda's Semi-Rural Heritage Property and business owners have partnered with each other and the City to establish an attractive and meaningful downtown that supports and celebrates H.1
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Orinda's sense of community life. The iconic Orinda Theatre continues to stand proudly as a testament to Orinda's historical charm and community resilience.
Other buildings of historical significance have also been restored and maintained, enhancing the village atmosphere of the local shops and restaurants that draw residents of Orinda and the greater Lamorinda region into downtown Orinda.
Previously vacant or underutilized properties, such as the former Phair's building, have been commemorated as historic points of local civic pride that reinforce the village character of newer development. A myriad of art pieces and attractive historic markers tell the story of Orinda’s history and reinforce a sense of community pride and heritage.
4.1 Support the preservation, rehabilitation, commemoration, and maintenance of historical properties.
4.1.1 Consider the preservation and/or commemoration of buildings and features that reflect the historical village character of the downtown.
4.1.2 Work to streamline the permitting process and reduce regulatory barriers for property owners performing routine maintenance and upgrades on older downtown buildings.
4.1.3 Explore streamlined regulations for entrance and façade remodeling on downtown buildings that will contribute to the pedestrian environment and the historic character of downtown.
4.1.4 Research and pursue grants and programs that assist property owners with historic preservation efforts.
4.1.5 Consider regulatory updates to extend the life cycle of existing downtown building stock through adaptive reuse.
4.2 Document and represent the history of the City.
4.2.1 Seek opportunities to expand upon the historic marker program throughout downtown, as well as other methods that commemorate Orinda's heritage as a semi-rural village community.
5 Establish Downtown as an Active Center for Arts and Events Downtown Orinda has become a center for arts and culture that provides aesthetic and interactive cultural and recreational activities that represent its diverse population. Artists have access to a bounty of forums to express themselves and the values of Orinda. Residents now enjoy music, dining, recreation, and entertainment through a widened variety of inviting, mixed-use public spaces. In the Village District, food truck nights have culminated in a small culinary festival, while in the Theatre District residents and visitors flock to experience Orinda's charming art and culture street fairs. Orinda's successful public programming has been leveraged to bring life and activity to the community's commercial and retail spheres. The friendly atmosphere of the downtown encourages community engagement and active participation in downtown events.
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5.1 Animate existing and future public and private spaces through a comprehensive downtown arts program.
5.1.1 As resources allow, implement the ConnectOrinda recommendations and guidelines pertaining to public art.
5.1.2 As resources allow, provide opportunities and forums for artists to display and perform their work. Consider implementation of a public performance ordinance or program that compliments and culturally enriches downtown uses.
5.1.3 Consider a public art requirement for development projects.
5.1.4 Consider design and implementation of a public art master plan that guides and coordinates the efforts of downtown art organizations, committees, programs, and initiatives.
5.2 Express and enhance Orinda’s social and cultural character by promoting downtown as a diverse center with daytime, evening, and nighttime activities.
5.2.1 Pursue cultural activities and opportunities for diverse ethnic, age, and social groups in the downtown, which could include live performances, noon-time concerts, and evening and weekend activities.
5.2.2 Seek creative design strategies that enhance existing public open spaces as flexible mixed-use spaces. Focus on amenities such as furniture, lighting, and art that can help articulate spaces that are frequently used to host events, such as the farmers market and food truck nights.
5.2.3 Pursue new multi-use, accessible public and private spaces that can act as public gathering places and support a dynamic range of cultural events and recreational activities.
5.2.4 Coordinate with Theatre District business and property owners regarding street festivals, art fairs, and other events that can spotlight the Theatre District. Work with Theatre Square owners in particular to broaden the scope of currently-offered public event programming.
5.3 Encourage a variety of health and fitness activities throughout the downtown.
5.3.1 Coordinate with local health professionals and community members regarding health fairs, healthy-cooking demonstrations, and physical activity opportunities.
5.3.2 Coordinate Parks & Recreation Department, local fitness facilities, and downtown businesses efforts to conduct outdoor activities during warmer times of the year.
Encourage private or consider public development of outdoor exercise equipment to support such activities.
5.3.3 As resources allow, consider art, signs, and markers that create walking and running trails throughout and around the commercial district.
5.3.4 Encourage play areas for children throughout downtown areas in order to support the family-friendly atmosphere.
5.3.5 Consider updating the Parks and Recreation Master Plan (1989). 6 Restore, Enhance, and Provide Access to the Natural Environment H.1
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The San Pablo Creek has become a prominent feature of the downtown with a scenic greenway promenade and boardwalk that offer natural vistas. Nearby, restaurant patios overlook the San Pablo Creek, creating a warm, active atmosphere that draws in families and visitors. The creek is connected to the rest of downtown through a series of green pedestrian passages, pocket parklets, and pocket plazas that enhance the feeling of an open downtown immersed in nature.
Orinda’s natural beauty is celebrated through the preserved views to its rolling hills and maintenance of its mature native trees. Residents and visitors use pedestrian-friendly pathways to access the trails, parks, and natural scenery in which downtown Orinda is nestled.
6.1 Embrace San Pablo Creek.
6.1.1 As resources allow, pursue a San Pablo Creek trail along the eastern bank that is ADA accessible. Study development options for including a bridge that crosses the creek and a boardwalk that follows the western bank.
6.1.2 Strive for a unique brand and identity for San Pablo Creek. This might be done by marking the portals of day-lit portions with archways, sculptures, or gateway signage. Use of painted symbols or artful markers could be used at public locations to reveal the “invisible creek” where it passes below. Decorative bridge railings could be installed to celebrate the creek.
6.1.3 Look for opportunities to incorporate features that provide comfort and vantage points for visitors (e.g., viewing platforms with interpretive signage and seating near the Santa Maria Way/Camino Pablo intersection). Seating and low-level lighting could be used along the creek to create comfortable resting locations at public access points.
6.1.4 Pursue connections between the creek, the Community Center, and the de Laveaga Trail.
6.1.5 Coordinate with private landowners to encourage creek-fronting façades or restaurant vistas, and a contiguous creek greenway that provides public amenities and comfortable pedestrian access along the creek.
6.1.6 Consider bike/scooter parking needs at one or more creek trailhead locations.
6.1.7 Study options to decrease noise at the creek from vehicles traveling on Camino Pablo.
6.2 Foster a connection with nature by enhancing the downtown's natural resources.
6.2.1 Pursue a variety of outdoor spaces, particularly public gathering spaces, that blend with the natural environment of Orinda by incorporating native landscaping.
6.2.2 Work with property owners and businesses to contribute to and maintain landscaping throughout downtown, both in the private and public domains.
6.2.3 Seek additional strategies to fund, maintain, and update existing parks and trails through and adjacent to the downtown through partnerships and grant funding opportunities with state, federal, and non-governmental organizations.
6.2.4 Consider pursuing designation as an International Dark Sky Community, or the adoption of dark sky-friendly lighting policies per International Dark-Sky Association guidelines. Dark sky policies seek to minimize light pollution and increase visual access to night skies.
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6.3 Maintain a sense of openness and visual access to the hills to the west.
6.3.1 As resources allow, enhance the existing open space in the downtown, including the community park and library plaza area, with open-air restaurant seating, public seating, and other amenities that provide for view corridors towards Orinda's hills and natural scenery.
6.3.2 Encourage a compact downtown to conserve open space and the natural environment throughout other parts of the City.
6.3.3 Encourage redevelopment of underutilized space with pocket parks, pocket plazas, and pedestrian passages that offer scenic open spaces capable of softening, rather than emphasizing, adjacent development. 7 Facilitate Safe, Convenient, and Balanced Transportation Orinda's downtown has been transformed into a "walker's paradise," where the abundance of local establishments and services are well-connected by comfortable, active sidewalks, high visibility crosswalks that provide safe passage between pedestrian curb extensions, and popular pedestrian passages. It's now comfortable to cross Camino Pablo to reach the de Laveaga Trailhead via a high visibility crosswalk after rounding the San Pablo Creek boardwalk.
Former surface lots that once dominated the Village District have been replaced with a network of pocket parks, plazas, and pathways that better articulate a sense of place and enable comfortable access to the shops and restaurants here.
Shared public parking structures fronted with shops have enhanced the Theatre and Village Districts, transforming each into "park once" districts that maintain Orinda residents and visitors' easy access to downtown. Artfully designed bike racks and dedicated scooter spaces dot the downtown, connected by comfortable bike lanes that encourage families to spend an afternoon visiting the two sides of the downtown by bicycle, or allowing downtown workers to make a quick bike trip for lunch at their favorite spot across downtown.
7.1 Focus on safe and convenient pedestrian access to, from, and within the downtown.
7.1.1 As resources allow, provide adequate sidewalk space on heavily traveled pedestrian corridors (i.e., Camino Pablo, Orinda Way, Moraga Way), especially between BART, the Village, and the Theatre District.
7.1.2 Minimize the conflict between pedestrian and vehicular traffic at intersections as well as midblock.
7.1.3 Design pedestrian areas throughout the downtown in accordance with the ConnectOrinda plan.
7.1.4 Encourage private development to expand the pedestrian network throughout downtown parcels, considering their publicly accessible outdoor areas as an extension of the pedestrian environment wherever possible.
7.1.5 As resources allow, improve pedestrian and bicycle connectivity to and from adjacent neighborhoods.
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7.2 Evaluate alternative transportation strategies that connect visitors and residents to and within the downtown.
7.2.1 Conduct traffic studies as appropriate to inform transit decisions to serve new demand as a result of an increased concentration of downtown businesses and housing.
7.2.2 Continue to study and pursue options that increase the transportation options between the Village, the Theatre District, and BART in a way that minimizes reliance on personal vehicles to travel between downtown locations.
7.2.3 Establish a comprehensive public bike and scooter parking strategy in accordance with the ConnectOrinda plan.
7.2.4 Encourage new development that includes bicycle and scooter infrastructure to support ridership.
7.3 Provide adequate vehicular access and parking opportunities for customers, employees, and residents that reduces the current visual impact of surface parking.
7.3.1 Consider objective regulations that would discourage suburban-style development where surface parking is the dominant feature.
7.3.2 Look for opportunities to create adequate parking facilities to support land use policies for the downtown and protect adjacent neighborhoods from parking spillover.
7.3.3 Assess traffic conditions and pursue street improvement projects as needed to provide adequate vehicular access to, from, and within the downtown.
7.3.4 Minimize parking and loading entrances to reduce conflict with pedestrians.
7.3.5 Seek alternatives to parking minimums to facilitate development that maintains sufficient parking downtown. Consider an ordinance for shared parking requirements and/or a parking variance in-lieu ordinance for downtown residential development per the objectives of the 6th Cycle Housing Element. Periodically assess the commercial retail in-lieu parking ordinance fees to ensure the financial feasibility of coordinating alternative parking.
8 Foster a Welcoming and Inclusive Community
Downtown Orinda is a welcoming, accessible, and supportive community built upon the experiences of people whose age, ancestry, citizenship, color, disability, financial socioeconomic status, gender, gender identity or expression, national origin, political affiliation, race, religion or religious beliefs, sex, and sexual orientation will never be a barrier to an individual’s voice in guiding the character and participating in the community of downtown Orinda. The processes that shape downtown and the arts that tell its story will actively seek the participation and representation of community members from historically marginalized backgrounds. Downtown Orinda offers resources, activities, and support for the individual, the family, and the community of people from all walks of life.
8.1 Build a sense of community trust through open and inclusive planning processes.
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8.1.1 Strive for a robust community engagement process that is welcoming to input from people of all backgrounds. The public participation process should offer diverse and flexible methods of participation, which can reduce barriers to participation.
8.1.2 Foster relationships with key leaders and local organizations that expand public participation efforts.
8.2 Pursue an accessible downtown that supports the needs of diverse populations.
8.2.1 Pursue regulations that would promote downtown housing that is economically accessible to diverse demographic groups and income levels.
8.2.2 Evaluate regulatory options to promote a mix of accessible housing and healthcare options that would support seniors and disabled community members.
8.2.3 Consider regulations intended to attract and support childcare facilities that increase flexible use of the downtown for Orinda's families. 9 Promote a Safe and Resilient Downtown Environment
New development and density has continued to provide the safety and security afforded to Orinda residents, visitors, and buildings downtown.
9.1 Protect downtown buildings and their occupants from natural hazards (i.e., fire, flood, and earthquake).
9.1.1 Coordinate with MOFD on appropriate development conditions for fire prevention and wildfire resilience.
9.1.2 Coordinate with the Contra Costa County Building Department on evolving building standards related to the ability of new and existing buildings to withstand a major seismic event.
9.1.3 Educate and train downtown businesses, organizations, and residents on emergency response and evacuation procedures.
9.2 Focus on occupant and visitor safety in the context of new projects, renovation projects, and increased densities in the downtown.
9.2.1 Investigate whether power grid enhancements are capable of providing backup generation for critical services during Public Safety Power Shutoff outages.
9.2.2 Evaluate whether downtown development and density is commensurate with the service capabilities of MOFD and the Orinda Police Department. 10 Pursue a Sustainable and Resilient Future
The City of Orinda is cognizant of the evolving threat of climate change and the urgent need to reduce, mitigate, and reverse the impacts of human activity on the environment as well as to plan for climate change adaption and community resilience. Through Bay Area initiatives, Orinda coordinates with county and city governments to fulfill its role in ensuring that the natural environment and the H.1
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people who live here are protected from climate change hazards. Development is sensitive to these needs and incorporates effective mitigation and adaption strategies that minimize the impact of the built environment on Bay Area ecosystem services, while transportation strategies reduce Vehicle Miles Travelled (VMT) and greenhouse gas emissions.
10.1 Develop a comprehensive strategy for creating an environmentally sustainable and resilient downtown.
10.1.1 Ensure inter-departmental coordination on sustainability actions and resource access.
10.1.2 Ensure that environmental sustainability and resiliency is considered holistically in public investment decisions.
10.1.3 Ensure that property owners, developers, and tenants have the opportunity to maximize environmental sustainability and resilience. Leverage the City’s role in guiding development to provide advice, direction, and encouragement to new development to maximize its environmental sustainability and resilience.
10.1.4 Encourage downtown businesses to participate in the Contra Costa County Green Business Program. Seek and promote strategies and resources for businesses and property owners to invest in efficiency upgrades through green technologies and techniques.
10.2 Minimize greenhouse gas emissions.
10.2.1 Explore partnerships that would allow and attract shared micromobility services, such as bike and scooter shares, within the downtown.
10.2.2 Consider a Zero-Emission Vehicle Rollout Plan to guide the gradual transition of the City’s vehicles to a zero emission vehicle fleet. Zero-emission vehicles, which include electric and hydrogen vehicles, do not result in harmful emissions during operation, which reduces negative impacts to local air quality and contributes to reduced greenhouse gas levels.
10.2.3 Encourage and support the inclusion of electric vehicle charging stations in new or reconfigured parking solutions, to include both private and City-owned parking lots/structures.
10.3 Improve climate resiliency through the design of new development projects.
10.3.1 Encourage new development and redevelopment projects to include green infrastructure and green building elements that minimize the built environment’s impact upon the natural environment, connect wildlife habitats, promote biodiversity, sequester carbon emissions, and absorb rainwater. These techniques may include green walls, green roofs, bioswales, native landscaping, pocket parks, and improvements to the native tree canopy.
10.3.2 Work with MOFD to confirm new development uses approved alternative methods of emergency access that preserve existing street trees, which provide natural carbon sequestration and absorb rainwater, where feasible.
Points for consideration
Staff recommends discussion for this meeting include the following considerations:
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1. Vision - Do you concur with the proposed Downtown vision statement? Do you feel it is a comprehensive overview of the community’s desires for downtown?
2. Guiding Principles - Do you feel the guiding principles appropriately support the downtown vision statement?
3. Goals & policies - Are the proposed goals and policies in line with the community’s vision? Are there any focuses or concerns that could be better addressed through additional goals or policies?
NEXT STEPS:
Following the City Council meeting, staff proposes to produce a revised draft of the Vision & Guiding Principles chapter that incorporates any feedback and comments from the public and the City Council. This chapter will be included in the Downtown Precise Plan, which is projected for completion by December 2022.
FISCAL IMPACT:
ATTACHMENTS:
A. Draft Visions & Guiding Principles, August 2022
B. Draft Vision & Guiding Principles text, August 2022
C. Tracked changes - Draft Vision & Guiding Principles text, August 2022 D. Existing Orinda General Plan Policies that May Pertain to Downtown Planning E. Public Coorespondence, Subcommittee & Planning Commission meetings Respectfully Submitted by:
Drummond Buckley
Director of Planning
Prepared By: Darin Hughes,
Approved by:
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Attachment: Draft Visions & Guiding Principles, August 2022 (2889 : Downtown Precise Plan Draft Vision
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Attachment: Draft Visions & Guiding Principles, August 2022 (2889 : Downtown Precise Plan Draft Vision A u g u s t u g u s t 2 0 2 2 D 2 0 2 2 D r aa f t V i s i o n i s i o n aa n dd GG u i dd i n g P r i n c i r i n c i pp l e s 03 Downtown Orinda is a vibrant, welcoming, and accessible destination that is home to a variety of restaurants, specialty businesses, and diverse housing options that serve the Orinda community; celebrates Orinda’s history and semi-rural heritage while supporting new, high-quality development that breathes life and beauty into the downtown; espouses community stewardship of the natural environment; promotes lively, interconnected entertainment spaces to celebrate the arts and bring people together through events and performances; fosters responsible growth by supporting a dynamic employment center and managing safe, multimodal transportation; and upholds the dignity and safety of all who use the downtown.
DOWNTOWN VISION
Above, the downtown vision statement
describes what our community hopes the
downtown will become in the long-run. It
visualizes a future in which the common
goals and aspirations of Orindans have been
successfully pursued. The vision statement
helps decision-makers direct future policy
and development that supports achievement
of the vision.
Guiding Principles are the essential areas of
current action and future improvement that
direct our community’s focus and efforts
toward achieving its overarching vision. Each
guiding principle for downtown Orinda is
accompanied by a more specific long-range
vision of how the community might take
shape around the principle if it is diligently
acted upon.
Goals are more focused objectives that
support the achievement of the guiding
principles. Within the DPP framework, a goal
is the community’s aspiration for a specific
future condition. Each guiding principle is
supported by two to four specific goals.
Policies are specific statements of the City's
approach and commitment to a particular
goal. If each goal is considered to be an
objective the community hopes to achieve
within the downtown, the specific supporting
policies are the ways in which the City will
work to achieve the goal.
The ensuing pages are organized into nine
guiding principles and their subordinant
goals and policies.
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Attachment: Draft Visions & Guiding Principles, August 2022 (2889 : Downtown Precise Plan Draft Vision 04 A u g u s t u g u s t 2 0 2 2 D 2 0 2 2 Draa f t D o w n t o w n o w n t o w n P r e c i s e r e c i s e P laan H.1.a
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Attachment: Draft Visions & Guiding Principles, August 2022 (2889 : Downtown Precise Plan Draft Vision 05 VISION
A u g u s t u g u s t 2 0 2 2 D 2 0 2 2 D r aa f t V i s i o n i s i o n aa n dd GG u i dd i n g P r i n c i r i n c i pp l e s Foster a healthy business environment
through careful planning, guided private
development, and public investment.
Support reinvestment and
encourage business growth and retention.
Promote an environment for
small business resiliency. Encourage the
creative inclusion of small and micro-retail
in larger development sites that create a
diverse range of economically accessible
commercial space options for business
owners.
Study evolving market
demand and maintain a critical
assessment of Orinda’s entrepreneurial
ecosystem in order to guide public and
private investment and allocate resources
accordingly.
POLICY 1.1.1
POLICY 1.1.2
POLICY 1.1.3
POLICY 1.1.4
REVITALIZE THE DOWNTOWN ECONOMY
Seek partnerships with and
supportive policies for quality developers
of commercial, mixed-use, and affordable
housing developments.
Improve business startup processes
and small business access to resources,
supportive infrastructure, and business
networking opportunities.
Explore opportunities to
streamline business startup processes.
Seek innovative strategies
to improve the local public digital
infrastructure, including cell, fiber, and
wi-fi networks.
Enhance the City’s coordination with the business community and downtown property owners throughout the
public engagement process for proposed
downtown development standards and
projects.
Educate the community on
available grant funding opportunities and
small business resource programs.
Support the development
of downtown groups and networking
activities for professionals and
entrepreneurs.
Cooperate with the Orinda
Chamber of Commerce. Expand partnerships between the City and community organizations in order to provide events
and seminars benefitting business
connections.
A strong sense of cooperation and mutual support exists between the members of the business community, downtown property owners, and the City. The needs of cherished long-time businesses are reflected in downtown decision-making, enabling their resilience and continued service within the community. Newer businesses find support and resources for starting up operations in Orinda. The business environment is well-networked through downtown business and professional organizations.
POLICY 1.2.1 POLICY 1.2.6
POLICY 1.2.2
POLICY 1.2.3
POLICY 1.2.4
POLICY 1.2.5
G U I D I N G P R I N C I P L E 1
GOAL 1.1
GOAL 1.2
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Attachment: Draft Visions & Guiding Principles, August 2022 (2889 : Downtown Precise Plan Draft Vision 06VISION
A u g u s t u g u s t 2 0 2 2 D 2 0 2 2 D r aa f t D o w n t o w n o w n t o w n P r e c i s e r e c i s e P l aa n Increase land use diversity that supports
the needs of Orinda’s residents and
businesses, as well as attracts visitors
from the Lamorinda region.
Encourage eclectic retail and
entertainment establishments to locate
downtown and consider regulations that
support such uses.
Consider regulations that
would allow development of coworking,
business incubator, and flexible live/work
spaces that accommodate the needs of a
burgeoning work-from-home population.
Explore regulations that
would allow innovative uses of space
beyond retail, such as small-scale
manufacturing and other creative spaces.
Discourage ground-floor
uses that detract from pedestrian-oriented
activity.
Encourage a variety of local
dining opportunities including a greater
variety and higher quality of restaurants
and outdoor dining.
Work to attract a specialty
grocery store or market hall that energizes
the retail sector and enhances the
downtown shopping environment.
Explore regulations that
would allow and attract a boutiquescale hotel or Main Street style inn that increases the capacity for locally-serving
hospitality.
Meet some of the community’s housing
needs downtown per the Regional
Housing Needs Allocation set by the
Association of Bay Area Governments.
Consider revisions to the
general plan and zoning designations
applicable to downtown properties to
support the capacity for new housing.
Consider revisions to the
general plan and zoning designations
applicable to downtown properties to
support the capacity for new housing.
Explore regulations that
would encourage residential mixed-use
development that incorporates neighborhood-serving retail and commercial uses on the ground floor.
ENABLE AND ATTRACT A DIVERSITY OF LAND USES
Orinda houses a diverse mix of independent businesses that exemplify Orinda’s small-town character.
Orindans travel downtown to shop at specialty grocery shops in a lively market hall and dine at a variety of high-quality restaurants, while guests to Orinda can stay in a charming boutique hotel surrounded by shops and restaurants. Community-serving local establishments provide a myriad of options that serve the daily needs of residents and visitors, and include affordable and accessible options for all income levels.
Downtown housing has been incorporated into mixed-use projects to better support local establishments.
Downtown housing supports families, seniors, and young professionals from a variety of backgrounds who help foster a sense of community downtown and contribute to a lively and engaging atmosphere.
G U I D I N G P R I N C I P L E 2
POLICY 2.2.1
POLICY 2.1.4
POLICY 2.2.2
POLICY 2.1.5
POLICY 2.2.3
POLICY 2.1.6
POLICY 2.1.7
GOAL 2.2
POLICY 2.1.1
POLICY 2.1.2
POLICY 2.1.3
GOAL 2.1
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Attachment: Draft Visions & Guiding Principles, August 2022 (2889 : Downtown Precise Plan Draft Vision A u g u s t u g u s t 2 0 2 2 D 2 0 2 2 D r aa f t V i s i o n i s i o n aa n dd GG u i dd i n g P r i n c i r i n c i pp l e s 07 Work to encourage housing
density at a level that is compatible with
locally-serving land uses, while maintaining an accessible downtown for all of Orinda.
Focus on the production of
an expanded variety of quality housing
choices that are inclusive of all ages and
income levels.
Pursue the goals of the 6th
Cycle Housing Element. Review and ensure
consistency between the Downtown
Precise Plan policies and future Housing
Element cycles.
Focus on vacant and/or
underutilized sites as possible locations
for residential redevelopment. In particular,
consider the western edge of the Village
District near the San Pablo Creek, where
the downsloping properties may better
accommodate increased building heights
away from the street.
Check for consistency with
all elements of the City’s General Plan
(e.g., Land Use Element, Open Space
Element, Circulation Element, Conservation
Element, Noise Element) and consider
proposed changes as appropriate, prior to
implementing the policies proposed in this
DPP.
Plan for potential housing, office, and/or
retail development adjacent to downtown
areas.
Coordinate with Caltrans and
BART for Transit-Oriented Development
(TOD) at the Orinda BART station. Use
BART’s published materials along with its
adopted policies and performance metrics
to develop a precise plan and objective
design standards that would guide TOD at
this station’s parking areas.
Consider objective design
standards to facilitate high quality,
contextually-sensitive multifamily
residential development in conjunction
with rezoning to meet Housing Element
obligations.
POLICY 2.2.4
POLICY 2.2.5
POLICY 2.2.7
POLICY 2.2.8
POLICY 2.3.2
POLICY 2.3.1
GOAL 2.3
Guiding Principle 2: Enable and Attract a Diversity of Land Uses POLICY 2.2.6
What is the Housing Element?
The Housing Element is how Orinda plans to meet the housing needs of everyone in the community over an eight-year period. The Housing Element is required by the City’s General Plan and includes goals, policies and programs to direct housing-related decision-making. Every eight years (referred to as “cycles”), local governments in California must update their Housing Element and have it certified by the Department of Housing and Community Development (HCD).
How is the Housing Element related to the Downtown Precise Plan? Through the 6th Cycle Regional Housing Needs Allocation (RHNA), Orinda has been assigned 1,359 units that it must plan for in the 6th Cycle Housing Element. With an additional 25% buffer for very low and low income housing to ensure adherence to its allocation, Orinda’s total RHNA is 1,506 units. To accomodate planning for this level of growth, 43 sites in downtown Orinda - more than half of the Downtown Precise Plan project area - were identified for their development or redevelopment capacity to house 447 units. This represents a significant boost in residential density downtown, and in development overall. The Downtown Precise Plan offers the opportunity to plan around and guide development for downtown housing that is sensitive to the needs of the existing community while accommodating the needs of future residents.
Housing Element goals related to downtown Orinda
GOAL 1
New Housing Production. Encourage the development of a variety of types of housing for all income levels, which will be assisted through appropriate zoning and development standards.
GOAL 3
Housing Opportunity Sites. Provide additional housing opportunities and sites to meet the needs of Orinda’s low-, very low-, and moderate-income households.
GOAL 4
Housing Constraints. Reduce governmental constraints to the production and preservation of housing in Orinda.
GOAL 5
Fair Housing. Promote equal housing opportunities for all Orinda residents, regardless of race, religion, sex, marital status, ancestry, national origin, or color.
GOAL 6
Energy Conservation. Promote energy conservation and efficiency in existing housing and new development.
POLICY 2.2.7 The Housing Element Connection
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Pursue objective design standards that
guide the development of appropriatelyscaled, contextually compatible buildings that strengthen and enhance the
downtown’s village character.
Explore regulations that
would require new development to incorporate engaging elements where buildings are located along public sidewalks. These
elements might include shopfronts,
porches, stoops, and public terraces that
strengthen connections between the
public realm and downtown buildings.
Where uses are inconsistent with an active
pedestrian realm, such as with parking
garages, regulations should require
developments to include street-fronting,
pedestrian-oriented uses that conceal the
conflicting use.
Strive to adopt regulations
that would gradually transition from
smaller buildings near residential
neighborhoods to larger, more centralized
buildings. Buildings should be scaled in
respect to their surroundings and support
a moderate intensity of neighborhood and
community-serving uses. Projects with
larger development footprints should
integrate with the existing developed environment and provide a varied character.
Set height limits that
maintain a desirable development scale
while contributing to the revitalization of
downtown Orinda. Building heights for
each area should be objective and written
to require buildings to harmonize with
the built and natural environments while
reducing constraints on / ensuring the
viability of redevelopment.
Explore regulations that
would reduce building setbacks from
the sidewalk. Combined with widening
sidewalks where possible, this would be
intended to promote pedestrian comfort
and active engagement with a main street
environment.
Pursue objective regulations
that would require development to step
back at upper stories to reduce the
perceived mass of buildings at the street
level, blend the roofline of taller buildings
with lower buildings, and create light and
view corridors between structures.
Consider objective
regulations that would promote vertical
mixed-use buildings, particularly at major
intersections, that include ground-floor
ENSURE NEW DEVELOPMENT ENHANCES
THE APPEARANCE OF DOWNTOWN
Downtown Orinda has developed into a network of buildings old and new, eclectic but cohesive, organic yet well-ordered. Newer, community-oriented architecture and sensitive site design compliment older iconic buildings through cohesive architectural styles and appropriate detailing. A variety of downtown residential buildings provide a permanent sense of community through the neighborhood-oriented placemaking that has been incorporated into their design. Although downtown Orinda has filled in and scaled up in places, the new downtown fabric retains a sense of village charm through attractive, main street-style development.
G U I D I N G P R I N C I P L E 3
POLICY 3.1.1
GOAL 3.1
POLICY 3.1.2
POLICY 3.1.3
POLICY 3.1.4
POLICY 3.1.5
POLICY 3.1.6
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Attachment: Draft Visions & Guiding Principles, August 2022 (2889 : Downtown Precise Plan Draft Vision A u g u s t u g u s t 2 0 2 2 D 2 0 2 2 D r aa f t V V i s i o n i s i o n i s i o n i s i o n aaaa nn dddd GGGG u i u i dddd i n g i n g P P r i n c i r i n c i r i n c i r i n c i pppp l e s l e s 09 commercial, retail, and entertainment
spaces that contribute to an active
sidewalk. In areas of lower intensity,
focus on objective regulations that would
allow horizontal mixed use that locates
commercial, services, and housing within
short distances of each other.
Foster a supportive environment for
responsible downtown development.
Offer development incentives
(e.g., density bonuses) consistent with
State Law to encourage appropriate
development.
Approach development
decisions with pragmatism and with a
clear understanding of trade-offs.
Research possible incentives
and streamlined processes for combining
small lots into larger sites suitable for
redevelopment.
Reduce blight and activate underutilized
properties.
Encourage infill development
or redevelopment of blighted and vacant
properties.
Support initiatives that
reduce or better activate existing deep
setbacks.
POLICY 3.2.1
POLICY 3.2.2
POLICY 3.2.3
POLICY 3.3.1
POLICY 3.3.2
GOAL 3.2
GOAL 3.3
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Attachment: Draft Visions & Guiding Principles, August 2022 (2889 : Downtown Precise Plan Draft Vision 10 A u g u s t u g u s t 2 0 2 2 D 2 0 2 2 Draa f t D o w n t o w n o w n t o w n P r e c i s e r e c i s e P laan Pursue Public Works projects that
beautify and enhance the sense of place
downtown.
As resources allow,
implement the recommendations and
actions of ConnectOrinda for maintaining
the public realm.
As resources allow,
implement the recommendations and
actions of ConnectOrinda for establishing
community gateway markers, appropriate
pedestrian lighting, and street furnishings,
and public parklets.
Consider public/private
partnerships to address the constraints
imposed by the PG&E easement and
transmission towers with no net financial
cost to the City.
POLICY 3.4.1
POLICY 3.4.3
GOAL 3.4 POLICY 3.4.2
• Establish cohesive gateway designs for
downtown entrances at the intersections
of Camino Pablo with Brookwood Road,
Moraga Way, Santa Maria Way, and Orinda
Way.
• Provide pedestrian luminaires over
sidewalks and walkways where streetlight
fixtures exceed effective pedestrian
lighting heights.
• Conduct a lighting study to recommend
adjustments as needed and a lighting
fixture design that helps unify downtown
Orinda.
• Establish a unified theme for street
furnishings.
• Use furnishings that provide universal
access to promote inclusion for users of
all ages and abilities.
• Consider parklets in place of street
parking spaces where requested by
adjacent businesses and property owners
to enhance outdoor dining options. Design
parklets to be level with the sidewalk,
offer buffers from the street, and provide
public amenities that enhance the
sidewalk.
POLICY 3.4.1 The ConnectOrinda Link
Establish a comprehensive maintenance
program that includes the following
components: • Map and clearly identify the areas
for which the City has maintenance
responsibility
• Encourage Caltrans to maintain
landscaping and cleanliness within their
right-of-way
• Regularly prune and weed plants, shrubs,
and trees
• Collect trash and clear other debris, wash
sidewalks and walkways, remove graffiti
and perform other routine cleaning
• Maintain fountains, replace light bulbs,
clear storm drains, repair sidewalks
and walkways, and perform other
maintenance of the public realm.
POLICY 3.4.2 The ConnectOrinda Link
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Attachment: Draft Visions & Guiding Principles, August 2022 (2889 : Downtown Precise Plan Draft Vision 11 VISION
Support the preservation, rehabilitation,
commemoration, and maintenance of
historical properties.
Consider the preservation
and/or commemoration of buildings and
features that reflect the historical village
character of the downtown.
Work to streamline the
permitting process and reduce regulatory
barriers for property owners performing
routine maintenance and upgrades on
older downtown buildings.
Explore streamlined regulations for entrance and façade remodeling on downtown buildings that will contribute
to the pedestrian environment and the
historic character of downtown.
Research and pursue grants
and programs that assist property owners
with historic preservation efforts.
Consider regulatory updates
to extend the life cycle of existing
downtown building stock through adaptive
reuse.
Document and represent the history of
the City.
Seek opportunities to
expand upon the historic marker program
throughout downtown, as well as other
methods that commemorate Orinda’s
heritage as a semi-rural village community.
FACILITATE HISTORICAL PRESERVATION AND
CELEBRATE ORINDA’S SEMI-RURAL HERITAGE
Property and business owners have partnered with each other and the City to establish an attractive and meaningful downtown that supports and celebrates Orinda’s sense of community life. The iconic Orinda Theatre continues to stand proudly as a testament to Orinda’s historical charm and community resilience. Other buildings of historical significance have also been restored and maintained, enhancing the village atmosphere of the local shops and restaurants that draw residents of Orinda and the greater Lamorinda region into downtown Orinda. Previously vacant or underutilized properties, such as the former Phair’s building, have been commemorated as historic points of local civic pride that reinforce the village character of newer development. A myriad of art pieces and attractive historic markers tell the story of Orinda’s history and reinforce a sense of community pride and heritage.
G U I D I N G P R I N C I P L E 4
POLICY 4.1.1
POLICY 4.2.1
POLICY 4.1.2
POLICY 4.1.3
GOAL 4.1
GOAL 4.2
POLICY 4.1.4
POLICY 4.1.5
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Attachment: Draft Visions & Guiding Principles, August 2022 (2889 : Downtown Precise Plan Draft Vision 12VISION
A u g u s t u g u s t 2 0 2 2 D 2 0 2 2 D r aa f t D o w n t o w n o w n t o w n P r e c i s e r e c i s e P l aa n Animate existing and future public and
private spaces through a comprehensive
downtown arts program.
As resources allow,
implement the ConnectOrinda recommendations and guidelines pertaining to public art.
As resources allow, provide
opportunities and forums for artists to
display and perform their work. Consider
implementation of a public performance
ordinance or program that compliments
and culturally enriches downtown uses.
Consider a public art requirement for development projects.
Consider design and
implementation of a public art master plan
that guides and coordinates the efforts of
downtown art organizations, committees,
programs, and initiatives.
ESTABLISH DOWNTOWN AS AN ACTIVE CENTER
FOR ARTS AND EVENTS
Downtown Orinda has become a center for arts and culture that provides aesthetic and interactive cultural and recreational activities that represent its diverse population. Artists have access to a bounty of forums to express themselves and the values of Orinda. Residents now enjoy music, dining, recreation, and entertainment through a widened variety of inviting, mixed-use public spaces. In the Village District, food truck nights have culminated in a small culinary festival, while in the Theatre District residents and visitors flock to experience Orinda’s charming art and culture street fairs. Orinda’s successful public programming has been leveraged to bring life and activity to the community’s commercial and retail spheres. The friendly atmosphere of the downtown encourages community engagement and active participation in downtown events.
G U I D I N G P R I N C I P L E 5
POLICY 5.1.1
POLICY 5.1.2
POLICY 5.1.3
GOAL 5.1 POLICY 5.1.4
• Coordinate with the Lamorinda Arts
Council and the Orinda Art in Public Places
Committee to develop a public art plan that
broadens the types of art and installation
locations, establishes priorities for Orinda’s
art program, and addresses how art is
selected and rotated, where it is sited, and
how it is funded and maintained.
• Enhance Orinda’s collection of public art
by creating new labels that list the title,
artist and a QR code that viewers can scan
with a smart phone, which will display more
information about the piece, including an
artist’s statement.
• Broaden types of art and installation
locations.
• Extend the art program to Orinda’s
pedestrian bridges, freeway under crossings,
landscaped areas, walls and building
facades, and other areas that can be enjoyed
by large groups of people without conflicting
with other uses of the public realm.
• Expand Orinda’s art collection to include
murals, mosaics, pavement markings and
other types of public art that would be new
to Orinda.
• Install both temporary and permanent
exhibits to maintain a dynamic arts scene.
• Consider opportunities to include art in
public realm capital improvements.
• Experiment with interactive art, which
invites user participation or provides sensory
stimulation through touch, movement, or
sound.
POLICY 5.1.1 The ConnectOrinda Link
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Attachment: Draft Visions & Guiding Principles, August 2022 (2889 : Downtown Precise Plan Draft Vision A u g u s t u g u s t 2 0 2 2 D 2 0 2 2 D r aa f t V i s i o n i s i o n aa n dd GG u i dd i n g P r i n c i r i n c i pp l e s 13 Express and enhance Orinda’s social
and cultural character by promoting
downtown as a diverse center with
daytime, evening, and nighttime
activities.
Pursue cultural activities
and opportunities for diverse ethnic,
age, and social groups in the downtown,
which could include live performances,
noon-time concerts, and evening and
weekend activities.
Seek creative design
strategies that enhance existing public
open spaces as flexible mixed-use spaces.
Focus on amenities such as furniture,
lighting, and art that can help articulate
spaces that are frequently used to host
events, such as the farmers market and
food truck nights.
Pursue new multi-use,
accessible public and private spaces that
can act as public gathering places and
support a dynamic range of cultural events
and recreational activities.
Coordinate with Theatre
District business and property owners
regarding street festivals, art fairs,
and other events that can spotlight the
Theatre District. Work with Theatre Square
owners in particular to broaden the
scope of currently-offered public event
programming.
Encourage a variety of health and fitness
activities throughout the downtown.
Coordinate with local health
professionals and community members
regarding health fairs, healthy-cooking
demonstrations, and physical activity
opportunities.
Coordinate Parks &
Recreation Department, local fitness
facilities, and downtown businesses
efforts to conduct outdoor activities during
warmer times of the year. Encourage
private or consider public development of
outdoor exercise equipment to support
such activities.
As resources allow, consider
art, signs, and markers that create walking
and running trails throughout and around
the commercial district.
Encourage play areas for
children throughout downtown areas
in order to support the family-friendly
atmosphere.
Consider updating the Parks
and Recreation Master Plan (1989).
POLICY 5.2.1
POLICY 5.3.1
POLICY 5.2.2
POLICY 5.3.2
POLICY 5.2.3
POLICY 5.3.3
POLICY 5.2.4
POLICY 5.3.4
POLICY 5.3.5
GOAL 5.2 GOAL 5.3
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Attachment: Draft Visions & Guiding Principles, August 2022 (2889 : Downtown Precise Plan Draft Vision 14VISION
A u g u s t u g u s t 2 0 2 2 D 2 0 2 2 D r aa f t D o w n t o w n o w n t o w n P r e c i s e r e c i s e P l aa n Embrace San Pablo Creek.
As resources allow, pursue
a San Pablo Creek trail along the eastern
bank that is ADA accessible. Study
development options for including a bridge
that crosses the creek and a boardwalk
that follows the western bank.
Strive for a unique brand and
identity for San Pablo Creek. This might
be done by marking the portals of day-lit
portions with archways, sculptures, or
gateway signage. Use of painted symbols
or artful markers could be used at public
locations to reveal the “invisible creek”
where it passes below. Decorative bridge
railings could be installed to celebrate the
creek.
Look for opportunities
to incorporate features that provide
comfort and vantage points for visitors
(e.g., viewing platforms with interpretive
signage and seating near the Santa Maria
Way/Camino Pablo intersection). Seating
and low-level lighting could be used along
the creek to create comfortable resting
locations at public access points.
Pursue connections between
the creek, the Community Center, and the
de Laveaga Trail.
Coordinate with private
landowners to encourage creek-fronting
façades or restaurant vistas, and a
contiguous creek greenway that provides
public amenities and comfortable
pedestrian access along the creek.
Consider bike/scooter
parking needs at one or more creek
trailhead locations.
Study options to decrease
noise at the creek from vehicles traveling
on Camino Pablo.
Foster a connection with nature by
enhancing the downtown’s natural
resources.
Pursue a variety of outdoor
spaces, particularly public gathering
spaces, that blend with the natural
environment of Orinda by incorporating
native landscaping.
Work with property
owners and businesses to contribute
RESTORE, ENHANCE, AND PROVIDE ACCESS
TO THE NATURAL ENVIRONMENT
The San Pablo Creek has become a prominent feature of the downtown with a scenic greenway promenade and boardwalk that offer natural vistas. Nearby, restaurant patios overlook the San Pablo Creek, creating a warm, active atmosphere that draws in families and visitors. The creek is connected to the rest of downtown through a series of green pedestrian passages, pocket parklets, and pocket plazas that enhance the feeling of an open downtown immersed in nature. Orinda’s natural beauty is celebrated through the preserved views to its rolling hills and maintenance of its mature native trees.
Residents and visitors use pedestrian-friendly pathways to access the trails, parks, and natural scenery in which downtown Orinda is nestled.
G U I D I N G P R I N C I P L E 6
POLICY 6.1.1
POLICY 6.1.4
POLICY 6.1.5
POLICY 6.1.6
POLICY 6.2.2
POLICY 6.2.1
POLICY 6.1.7
POLICY 6.1.2
GOAL 6.1 POLICY 6.1.3
GOAL 6.2
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downtown, both in the private and public
domains.
Seek additional strategies to
fund, maintain, and update existing parks
and trails through and adjacent to the
downtown through partnerships and grant
funding opportunities with state, federal,
and non-governmental organizations.
Consider pursuing designation
as an International Dark Sky Community,
or the adoption of dark sky-friendly
lighting policies per International Dark-Sky
Association guidelines. Dark sky policies
seek to minimize light pollution and
increase visual access to night skies.
Maintain a sense of openness and visual
access to the hills to the west.
As resources allow, enhance
the existing open space in the downtown,
including the community park and library
plaza area, with open-air restaurant seating,
public seating, and other amenities that
provide for view corridors towards Orinda’s
hills and natural scenery.
Encourage a compact
downtown to conserve open space and the
natural environment throughout other parts
of the City.
Encourage redevelopment
of underutilized space with pocket parks,
pocket plazas, and pedestrian passages
that offer scenic open spaces capable
of softening, rather than emphasizing,
adjacent development.
GOAL 6.3
POLICY 6.2.3
POLICY 6.3.3
POLICY 6.2.4
POLICY 6.3.1
POLICY 6.3.2
Guiding Principle 6: Restore, Enhance, and Provide Access to the Natural Environment A u g u s t u g u s t 2 0 2 2 D 2 0 2 2 D r aa f t V i s i o n i s i o n aa n dd GG u i dd i n g P r i n c i r i n c i pp l e s H.1.a
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Attachment: Draft Visions & Guiding Principles, August 2022 (2889 : Downtown Precise Plan Draft Vision 16 A u g u s t u g u s t 2 0 2 2 D 2 0 2 2 D r aa f t D o w n t o w n o w n t o w n P r e c i s e r e c i s e P l aa n VISION Orinda’s downtown has been transformed into a “walker’s paradise,” where the abundance of local establishments and services are well-connected by comfortable, active sidewalks, high visibility crosswalks that provide safe passage between pedestrian curb extensions, and popular pedestrian passages. It’s now comfortable to cross Camino Pablo to reach the de Laveaga Trailhead via a high visibility crosswalk after rounding the San Pablo Creek boardwalk.
Former surface lots that once dominated the Village District have been replaced with a network of pocket parks, plazas, and pathways that better articulate a sense of place and enable comfortable access to the shops and restaurants here. Shared public parking structures fronted with shops have enhanced the Theatre and Village Districts, transforming each into “park once” districts that maintain Orinda residents and visitors’ easy access to downtown. Artfully designed bike racks and dedicated scooter spaces dot the downtown, connected by comfortable bike lanes that encourage families to spend an afternoon visiting the two sides of the downtown by bicycle, or allowing downtown workers to make a quick bike trip for lunch at their favorite spot across downtown.
Focus on safe and convenient pedestrian
access to, from, and within the downtown.
Design pedestrian areas
throughout the downtown in accordance
with the ConnectOrinda plan.
As resources allow, provide
adequate sidewalk space on heavily
traveled pedestrian corridors (i.e.,
Camino Pablo, Orinda Way, Moraga Way),
especially between BART, the Village, and
the Theatre District.
Minimize the conflict
between pedestrian and vehicular traffic
at intersections as well as midblock.
Encourage private development to expand the pedestrian network throughout downtown parcels, considering
their publicly accessible outdoor areas as
an extension of the pedestrian environment
wherever possible.
FACILITATE SAFE, CONVENIENT, AND BALANCED
TRANSPORTATION
G U I D I N G P R I N C I P L E 7
POLICY 7.1.1
POLICY 7.1.2
POLICY 7.1.3
GOAL 7.1 POLICY 7.1.4
SIDEWALKS
• Use high quality, slip-resistant paving materials, such as brick and decorative concrete. • Use plantings to soften large expanses of hardscape, such as in curb extensions and in furnishing zones.
• Minimize curb cuts by located driveways on side streets and consolidating them. • Widen sidewalks where needed.
CROSSWALKS
• Upgrade existing crosswalks at identified locations to high-visibility striping. • Consider implementation of high-visibility crosswalks at signalized intersections on busy arterial roadways and at other desired locations such as for trailhead access.
CURB EXTENSIONS
• Evaluate the feasibility of curb extensions at corners with crosswalks currently lacking them.
POLICY 7.1.3 The ConnectOrinda Link
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and pursue street improvement projects
as needed to provide adequate vehicular
access to, from, and within the downtown.
Minimize parking and
loading entrances to reduce conflict with
pedestrians.
Seek alternatives to parking
minimums to facilitate development that
maintains sufficient parking downtown.
Consider an ordinance for shared parking
requirements and/or a parking variance
in-lieu ordinance for downtown residential
development per the objectives of the
6th Cycle Housing Element. Periodically
assess the commercial retail in-lieu
parking ordinance fees to ensure the
financial feasibility of coordinating
alternative parking.
Guiding Principle 7: Facilitate Safe, Convenient, and Balanced Transportation Evaluate alternative transportation
strategies that connect visitors and
residents to and within the downtown.
Conduct traffic studies as
appropriate to inform transit decisions
to serve new demand as a result of an
increased concentration of downtown
businesses and housing.
Continue to study and pursue
options that increase the transportation
options between the Village, the Theatre
District, and BART in a way that minimizes
reliance on personal vehicles to travel
between downtown locations.
Establish a comprehensive
public bike and scooter parking strategy in
accordance with the ConnectOrinda plan.
Encourage new development
that includes bicycle and scooter
infrastructure to support ridership.
Provide adequate vehicular access and
parking opportunities for customers,
employees, and residents that reduces
the current visual impact of surface
parking.
Consider objective regulations that would discourage suburbanstyle development where surface parking is the dominant feature.
Look for opportunities
to create adequate parking facilities
to support land use policies for the
downtown and protect adjacent neighborhoods from parking spillover.
GOAL 7.2 GOAL 7.3 POLICY 7.3.3
POLICY 7.2.1
POLICY 7.2.2
POLICY 7.2.3
POLICY 7.2.4
POLICY 7.3.1
POLICY 7.3.4
POLICY 7.3.2
POLICY 7.3.5
• Place additional bicycle racks, bike
lockers, and scoorer parking areas
throughout downtown Orinda in the
furnishings zone near popular commercial
destinations and places of employment.
• Work with the Public Works Department
and Bike Orinda to identify potential bike
and scooter parking locations.
• Work with Bike Orinda, the Lamorinda
Arts Council and Art in Public Places
Committee, and other interested parties
POLICY 7.2.3 The ConnectOrinda Link
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Build a sense of community trust through
open and inclusive planning processes.
Strive for a robust community
engagement process that is welcoming
to input from people of all backgrounds.
The public participation process should
offer diverse and flexible methods of
participation, which can reduce barriers to
participation.
Foster relationships with
key leaders and local organizations that
expands public participation efforts.
Pursue an accessible downtown
that supports the needs of diverse
populations.
Pursue regulations that
would promote downtown housing that
is economically accessible to diverse
demographic groups and income levels.
Evaluate regulatory options
to promote a mix of accessible housing
and healthcare options that would support
seniors and disabled community members.
Consider regulations
intended to attract and support childcare
facilities that increase flexible use of the
downtown for Orinda’s families.
FOSTER A WELCOMING AND INCLUSIVE
COMMUNITY
Downtown Orinda is a welcoming, accessible, and supportive community built upon the experiences of people whose age, ancestry, citizenship, color, disability, financial socioeconomic status, gender, gender identity or expression, national origin, political affiliation, race, religion or religious beliefs, sex, and sexual orientation will never be a barrier to an individual’s voice in guiding the character and participating in the community of downtown Orinda. The processes that shape downtown and the arts that tell its story will actively seek the participation and representation of community members from historically marginalized backgrounds. Downtown Orinda offers resources, activities, and support for the individual, the family, and the community of people from all walks of life.
G U I D I N G P R I N C I P L E 8
GOAL 8.1 GOAL 8.2
POLICY 8.1.1
POLICY 8.2.1
POLICY 8.2.2
POLICY 8.2.3
POLICY 8.1.2 VISION
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ENSURE A SAFE AND RESILIENT DOWNTOWN
ENVIRONMENT
New development and density has continued to provide the safety and security afforded to Orinda residents, visitors, and buildings downtown.
Protect downtown buildings and their
occupants from natural hazards (i.e., fire,
flood, and earthquake).
Coordinate with MOFD on
appropriate development conditions for
fire prevention and wildfire resilience.
Coordinate with the Contra
Costa County Building Department on
evolving building standards related to the
ability of new and existing buildings to
withstand a major seismic event.
Educate and train downtown
businesses, organizations, and residents
on emergency response and evacuation
procedures.
Focus on occupant and visitor safety in
the context of new projects, renovation
projects, and increased densities in the
downtown.
Investigate whether power
grid enhancements are capable of
providing backup generation for critical
services during Public Safety Power
Shutoff outages.
Evaluate whether downtown
development and density is commensurate
with the service capabilities of MOFD and
the Orinda Police Department.
G U I D I N G P R I N C I P L E 9
GOAL 9.1 GOAL 9.2
POLICY 9.1.1
POLICY 9.2.1
POLICY 9.1.2
POLICY 9.2.2
POLICY 9.1.3
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PURSUE A SUSTAINABLE AND RESILIENT FUTURE
The City of Orinda is cognizant of the evolving threat of climate change and the urgent need to reduce, mitigate, and reverse the impacts of human activity on the environment as well as to plan for climate change adaption and community resilience. Through Bay Area initiatives, Orinda coordinates with county and city governments to fulfill its role in ensuring that the natural environment and the people who live here are protected from climate change hazards. Development is sensitive to these needs and incorporates effective mitigation and adaption strategies that minimize the impact of the built environment on Bay Area ecosystem services, while transportation strategies reduce Vehicle Miles Travelled (VMT) and greenhouse gas emissions.
Develop a comprehensive strategy for
creating an environmentally sustainable
and resilient downtown.
Ensure inter-departmental
coordination on sustainability actions and
resource access.
Ensure that environmental
sustainability and resiliency is considered
holistically in public investment decisions.
Ensure that property
owners, developers, and tenants have the
opportunity to maximize environmental
sustainability and resilience. Leverage
the City’s role in guiding development to
provide advice, direction, and encouragement to new development to maximize its environmental sustainability and
resilience.
Encourage downtown
businesses to participate in the Contra
Costa County Green Business Program.
Seek and promote strategies and
resources for businesses and property
owners to invest in efficiency upgrades
through green technologies and
techniques.
Minimize greenhouse gas emissions.
Explore partnerships that
would allow and attract shared micromobility services, such as bike and scooter shares, within the downtown.
Consider a Zero-Emission
Vehicle Rollout Plan to guide the gradual
transition of the City’s vehicles to a zero
emission vehicle fleet. Zero-emission
vehicles, which include electric and
hydrogen vehicles, do not result in harmful
emissions during operation, which reduces
negative impacts to local air quality and
contributes to reduced greenhouse gas
levels.
Encourage and support
the inclusion of electric vehicle charging
stations in new or reconfigured parking
solutions, to include both private and
City-owned parking lots/structures.
G U I D I N G P R I N C I P L E 10 VISION
GOAL 10.1
POLICY 10.1.1
POLICY 10.1.2
POLICY 10.1.3
POLICY 10.1.4
POLICY 10.2.1
GOAL 10.2
POLICY 10.2.3
POLICY 10.2.2
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design of new development projects.
Encourage new develop-
ment and redevelopment projects to
include green infrastructure and green
building elements that minimize the built
environment’s impact upon the natural
environment, connect wildlife habitats,
promote biodiversity, sequester carbon
emissions, and absorb rainwater. These
techniques may include green walls, green
roofs, bioswales, native landscaping,
pocket parks, and improvements to the
native tree canopy.
Work with MOFD to
confirm new development uses approved
alternative methods of emergency access
that preserve existing street trees, which
provide natural carbon sequestration and
absorb rainwater, where feasible.
GOAL 10.3
POLICY 10.3.1
POLICY 10.3.2
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DOWNTOWN PRECISE PLAN VISION & GUIDING PRINCIPLES
DRAFT, AUGUST 2022
1 DOWNTOWN VISION STATEMENT
Downtown Orinda is a vibrant, welcoming, and accessible destination that is home to a variety of restaurants, specialty businesses, and diverse housing options that serve the Orinda community; celebrates Orinda’s history and semi-rural heritage while supporting new, high-quality development that breathes life and beauty into the downtown; espouses community stewardship of the natural environment; promotes lively, interconnected entertainment spaces to celebrate the arts and bring people together through events and performances; fosters responsible growth by supporting a dynamic employment center and managing safe, multimodal transportation; and upholds the dignity and safety of all who use the downtown.
Above, the downtown vision statement describes what our community hopes the downtown will become in the long-run. It visualizes a future in which the common goals and aspirations of Orindans have been successfully pursued. The vision statement helps decision-makers direct future policy and development that supports achievement of the vision.
Guiding Principles are the essential areas of current action and future improvement that direct our community’s focus and efforts toward achieving its overarching vision. Each guiding principle for downtown Orinda is accompanied by a more specific long-range vision of how the community might take shape around the principle if it is diligently acted upon.
Goals are more focused objectives that support the achievement of the guiding principles. Within the DPP framework, a goal is the community’s aspiration for a specific future condition. Each guiding principle is supported by two to four specific goals.
Policies are specific statements of the City's approach and commitment to a particular goal. If each goal is considered to be an objective the community hopes to achieve within the downtown, the specific supporting policies are the ways in which the City will work to achieve the goal.
The ensuing pages are organized into ten guiding principles and their subordinate goals and policies. 1 Revitalize the Downtown Economy
A strong sense of cooperation and mutual support exists between the members of the business community, downtown property owners, and the City. The needs of cherished long-time businesses are reflected in downtown decision-making, enabling their resilience and continued service within the community. Newer businesses find support and resources for starting up operations in Orinda. The business environment is well-networked through downtown business and professional organizations.
1.1 Foster a healthy business environment through careful planning, guided private development, and public investment.
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DOWNTOWN PRECISE PLAN VISION & GUIDING PRINCIPLES
DRAFT, AUGUST 2022
2 1.1.1 Support reinvestment and encourage business growth and retention.
1.1.2 Promote an environment for small business resiliency. Encourage the creative inclusion of small and micro-retail in larger development sites that create a diverse range of economically accessible commercial space options for business owners.
1.1.3 Study evolving market demand and maintain a critical assessment of Orinda's entrepreneurial ecosystem in order to guide public and private investment and allocate resources accordingly.
1.1.4 Seek partnerships with and supportive policies for quality developers of commercial, mixed-use, and affordable housing developments.
1.2 Improve business startup processes and small business access to resources, supportive infrastructure, and business networking opportunities.
1.2.1 Explore opportunities to streamline business startup processes.
1.2.2 Seek innovative strategies to improve the local public digital infrastructure, including cell, fiber, and wi-fi networks.
1.2.3 Enhance the City's coordination with the business community and downtown property owners throughout the public engagement process for proposed downtown development standards and projects.
1.2.4 Educate the community on available grant funding opportunities and small business resource programs.
1.2.5 Support the development of downtown groups and networking activities for professionals and entrepreneurs.
1.2.6 Cooperate with the Orinda Chamber of Commerce. Expand partnerships between the City and community organizations in order to provide events and seminars benefitting business connections.
2 Enable and Attract a Diversity of Land Uses
Orinda houses a diverse mix of independent businesses that exemplify Orinda’s small-town character. Orindans travel downtown to shop at specialty grocery shops in a lively market hall and dine at a variety of high-quality restaurants, while guests to Orinda can stay in a charming boutique hotel surrounded by shops and restaurants. Community-serving local establishments provide a myriad of options that serve the daily needs of residents and visitors, and include affordable and accessible options for all income levels. Downtown housing has been incorporated into mixed-use projects to better support local establishments. Downtown housing supports families, seniors, and young professionals from a variety of backgrounds who help foster a sense of community downtown and contribute to a lively and engaging atmosphere.
2.1 Increase land use diversity that supports the needs of Orinda's residents and businesses, as well as attracts visitors from the Lamorinda region.
2.1.1 Encourage eclectic retail and entertainment establishments to locate downtown and consider regulations that support such uses.
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DRAFT, AUGUST 2022
3 2.1.2 Consider regulations that would allow development of coworking, business incubator, and flexible live/work spaces that accommodate the needs of a burgeoning work-from-home population.
2.1.3 Explore regulations that would allow innovative uses of space beyond retail, such as small-scale manufacturing and other creative spaces.
2.1.4 Discourage ground-floor uses that detract from pedestrian-oriented activity.
2.1.5 Encourage a variety of local dining opportunities including a greater variety and higher quality of restaurants and outdoor dining.
2.1.6 Work to attract a specialty grocery store or market hall that energizes the retail sector and enhances the downtown shopping environment.
2.1.7 Explore regulations that would allow and attract a boutique-scale hotel or Main Street style inn that increases the capacity for locally-serving hospitality.
2.2 Meet some of the community’s housing needs downtown per the Regional Housing Needs Allocation set by the Association of Bay Area Governments.
2.2.1 Consider revisions to the general plan and zoning designations applicable to downtown properties to support the capacity for new housing.
2.2.2 Pursue objective design standards in response to state legislation for qualifying multi-family housing projects.
2.2.3 Explore regulations that would encourage residential mixed-use development that incorporates neighborhood-serving retail and commercial uses on the ground floor.
2.2.4 Work to encourage housing density at a level that is compatible with locally-serving land uses, while maintaining an accessible downtown for all of Orinda.
2.2.5 Focus on the production of an expanded variety of quality housing choices that are inclusive of all ages and income levels.
2.2.6 Pursue the goals of the 6th Cycle Housing Element. Review and promote consistency between the Downtown Precise Plan policies and future Housing Element cycles.
2.2.7 Focus on vacant and/or underutilized sites as possible locations for residential redevelopment. In particular, consider the western edge of the Village District near the San Pablo Creek, where the downsloping properties may better accommodate increased building heights away from the street.
2.2.8 Check for consistency with all elements of the City’s General Plan (e.g., Land Use Element, Open Space Element, Circulation Element, Conservation Element, Noise Element) and consider proposed changes as appropriate, prior to implementing the policies proposed in this DPP.
2.3 Plan for potential housing, office, and/or retail development adjacent to downtown areas.
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4 2.3.1 Coordinate with Caltrans and BART for Transit-Oriented Development (TOD) at the Orinda BART station. Use BART’s published materials along with its adopted policies and performance metrics to develop a precise plan and objective design standards that would guide TOD at this station’s parking areas.
2.3.2 Consider objective design standards to facilitate high quality, contextually-sensitive multifamily residential development in conjunction with rezoning to meet Housing Element obligations. 3 New Development Enhances the Appearance of Downtown
Downtown Orinda has developed into a network of buildings old and new, eclectic but cohesive, organic yet well-ordered. Newer, community-oriented architecture and sensitive site design compliment older iconic buildings through cohesive architectural styles and appropriate detailing.
A variety of downtown residential buildings provide a permanent sense of community through the neighborhood-oriented placemaking that has been incorporated into their design. Although downtown Orinda has filled in and scaled up in places, the new downtown fabric retains a sense of village charm through attractive, main street-style development.
3.1 Pursue objective design standards that guide the development of appropriately-scaled, contextually compatible buildings that strengthen and enhance the downtown's village character.
3.1.1 Explore regulations that would require new development to incorporate engaging elements where buildings are located along public sidewalks. These elements might include shopfronts, porches, stoops, and public terraces that strengthen connections between the public realm and downtown buildings. Where uses are inconsistent with an active pedestrian realm, such as with parking garages, regulations should require developments to include street-fronting, pedestrianoriented uses that conceal the conflicting use.
3.1.2 Strive to adopt regulations that would gradually transition from smaller buildings near residential neighborhoods to larger, more centralized buildings. Buildings should be scaled in respect to their surroundings and support a moderate intensity of neighborhood and community-serving uses.
Projects with larger development footprints should integrate with the existing developed environment and provide a varied character.
3.1.3 Set height limits that maintain a desirable development scale while contributing to the revitalization of downtown Orinda. Building heights for each area should be objective and written to require buildings to harmonize with the built and natural environments while reducing constraints on / ensuring the viability of redevelopment.
3.1.4 Explore regulations that would reduce building setbacks from the sidewalk. Combined with widening sidewalks where possible, this would be intended to promote pedestrian comfort and active engagement with a main street environment.
3.1.5 Pursue objective regulations that would require development to step back at upper stories to reduce the perceived mass of buildings at the street level, blend the roofline of taller buildings with lower buildings, and create light and view corridors between structures.
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5 3.1.6 Consider objective regulations that would promote vertical mixed-use buildings, particularly at major intersections, that include ground-floor commercial, retail, and entertainment spaces that contribute to an active sidewalk. In areas of lower intensity, focus on objective regulations that would allow horizontal mixed use that locates commercial, services, and housing within short distances of each other.
3.2 Foster a supportive environment for responsible downtown development.
3.2.1 Offer development incentives (e.g., density bonuses) consistent with State Law to encourage appropriate development.
3.2.2 Approach development decisions with pragmatism and with a clear understanding of trade-offs.
3.2.3 Research possible incentives and streamlined processes for combining small lots into larger sites suitable for redevelopment.
3.3 Reduce blight and activate underutilized properties.
3.3.1 Encourage appropriate infill development or redevelopment of blighted and vacant properties.
3.3.2 Look for opportunities to reduce or better activate existing deep setbacks.
3.4 Pursue Public Works projects that beautify and enhance the sense of place downtown.
3.4.1 As resources allow, implement the recommendations and actions of ConnectOrinda for maintaining the public realm.
3.4.2 As resources allow, implement the recommendations and actions of ConnectOrinda for establishing community gateway markers, appropriate pedestrian lighting, and street furnishings, and public parklets.
3.4.3 Consider public/private partnerships to address the constraints imposed by the PG&E easement and transmission towers with no net financial cost to the City. 4 Facilitate Historical Preservation and Celebrate Orinda's Semi-Rural Heritage
Property and business owners have partnered with each other and the City to establish an attractive and meaningful downtown that supports and celebrates Orinda's sense of community life. The iconic Orinda Theatre continues to stand proudly as a testament to Orinda's historical charm and community resilience. Other buildings of historical significance have also been restored and maintained, enhancing the village atmosphere of the local shops and restaurants that draw residents of Orinda and the greater Lamorinda region into downtown Orinda. Previously vacant or underutilized properties, such as the former Phair's building, have been commemorated as historic points of local civic pride that reinforce the village character of newer development. A myriad of art pieces and attractive historic markers tell the story of Orinda’s history and reinforce a sense of community pride and heritage.
4.1 Support the preservation, rehabilitation, commemoration, and maintenance of historical properties.
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6 4.1.1 Consider the preservation and/or commemoration of buildings and features that reflect the historical village character of the downtown.
4.1.2 Work to streamline the permitting process and reduce regulatory barriers for property owners performing routine maintenance and upgrades on older downtown buildings.
4.1.3 Explore streamlined regulations for entrance and façade remodeling on downtown buildings that will contribute to the pedestrian environment and the historic character of downtown.
4.1.4 Research and pursue grants and programs that assist property owners with historic preservation efforts.
4.1.5 Consider regulatory updates to extend the life cycle of existing downtown building stock through adaptive reuse.
4.2 Document and represent the history of the City.
4.2.1 Seek opportunities to expand upon the historic marker program throughout downtown, as well as other methods that commemorate Orinda's heritage as a semi-rural village community. 5 Establish Downtown as an Active Center for Arts and Events Downtown Orinda has become a center for arts and culture that provides aesthetic and interactive cultural and recreational activities that represent its diverse population. Artists have access to a bounty of forums to express themselves and the values of Orinda. Residents now enjoy music, dining, recreation, and entertainment through a widened variety of inviting, mixed-use public spaces. In the Village District, food truck nights have culminated in a small culinary festival, while in the Theatre District residents and visitors flock to experience Orinda's charming art and culture street fairs. Orinda's successful public programming has been leveraged to bring life and activity to the community's commercial and retail spheres. The friendly atmosphere of the downtown encourages community engagement and active participation in downtown events.
5.1 Animate existing and future public and private spaces through a comprehensive downtown arts program.
5.1.1 As resources allow, implement the ConnectOrinda recommendations and guidelines pertaining to public art.
5.1.2 As resources allow, provide opportunities and forums for artists to display and perform their work. Consider implementation of a public performance ordinance or program that compliments and culturally enriches downtown uses.
5.1.3 Consider a public art requirement for development projects.
5.1.4 Consider design and implementation of a public art master plan that guides and coordinates the efforts of downtown art organizations, committees, programs, and initiatives.
5.2 Express and enhance Orinda’s social and cultural character by promoting downtown as a diverse center with daytime, evening, and nighttime activities.
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7 5.2.1 Pursue cultural activities and opportunities for diverse ethnic, age, and social groups in the downtown, which could include live performances, noon-time concerts, and evening and weekend activities.
5.2.2 Seek creative design strategies that enhance existing public open spaces as flexible mixed-use spaces. Focus on amenities such as furniture, lighting, and art that can help articulate spaces that are frequently used to host events, such as the farmers market and food truck nights.
5.2.3 Pursue new multi-use, accessible public and private spaces that can act as public gathering places and support a dynamic range of cultural events and recreational activities.
5.2.4 Coordinate with Theatre District business and property owners regarding street festivals, art fairs, and other events that can spotlight the Theatre District. Work with Theatre Square owners in particular to broaden the scope of currently-offered public event programming.
5.3 Encourage a variety of health and fitness activities throughout the downtown.
5.3.1 Coordinate with local health professionals and community members regarding health fairs, healthy-cooking demonstrations, and physical activity opportunities.
5.3.2 Coordinate Parks & Recreation Department, local fitness facilities, and downtown businesses efforts to conduct outdoor activities during warmer times of the year. Encourage private or consider public development of outdoor exercise equipment to support such activities.
5.3.3 As resources allow, consider art, signs, and markers that create walking and running trails throughout and around the commercial district.
5.3.4 Encourage play areas for children throughout downtown areas in order to support the familyfriendly atmosphere.
5.3.5 Consider updating the Parks and Recreation Master Plan (1989). 6 Restore, Enhance, and Provide Access to the Natural Environment The San Pablo Creek has become a prominent feature of the downtown with a scenic greenway promenade and boardwalk that offer natural vistas. Nearby, restaurant patios overlook the San Pablo Creek, creating a warm, active atmosphere that draws in families and visitors. The creek is connected to the rest of downtown through a series of green pedestrian passages, pocket parklets, and pocket plazas that enhance the feeling of an open downtown immersed in nature.
Orinda’s natural beauty is celebrated through the preserved views to its rolling hills and maintenance of its mature native trees. Residents and visitors use pedestrian-friendly pathways to access the trails, parks, and natural scenery in which downtown Orinda is nestled.
6.1 Embrace San Pablo Creek.
6.1.1 As resources allow, pursue a San Pablo Creek trail along the eastern bank that is ADA accessible.
Study development options for including a bridge that crosses the creek and a boardwalk that follows the western bank.
6.1.2 Strive for a unique brand and identity for San Pablo Creek. This might be done by marking the portals of day-lit portions with archways, sculptures, or gateway signage. Use of painted symbols H.1.b
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8 or artful markers could be used at public locations to reveal the “invisible creek” where it passes below. Decorative bridge railings could be installed to celebrate the creek.
6.1.3 Look for opportunities to incorporate features that provide comfort and vantage points for visitors (e.g., viewing platforms with interpretive signage and seating near the Santa Maria Way/Camino Pablo intersection). Seating and low-level lighting could be used along the creek to create comfortable resting locations at public access points.
6.1.4 Pursue connections between the creek, the Community Center, and the de Laveaga Trail.
6.1.5 Coordinate with private landowners to encourage creek-fronting façades or restaurant vistas, and a contiguous creek greenway that provides public amenities and comfortable pedestrian access along the creek.
6.1.6 Consider bike/scooter parking needs at one or more creek trailhead locations.
6.1.7 Study options to decrease noise at the creek from vehicles traveling on Camino Pablo.
6.2 Foster a connection with nature by enhancing the downtown's natural resources.
6.2.1 Pursue a variety of outdoor spaces, particularly public gathering spaces, that blend with the natural environment of Orinda by incorporating native landscaping.
6.2.2 Work with property owners and businesses to contribute to and maintain landscaping throughout downtown, both in the private and public domains.
6.2.3 Seek additional strategies to fund, maintain, and update existing parks and trails through and adjacent to the downtown through partnerships and grant funding opportunities with state, federal, and non-governmental organizations.
6.2.4 Consider pursuing designation as an International Dark Sky Community, or the adoption of dark sky-friendly lighting policies per International Dark-Sky Association guidelines. Dark sky policies seek to minimize light pollution and increase visual access to night skies.
6.3 Maintain a sense of openness and visual access to the hills to the west.
6.3.1 As resources allow, enhance the existing open space in the downtown, including the community park and library plaza area, with open-air restaurant seating, public seating, and other amenities that provide for view corridors towards Orinda's hills and natural scenery.
6.3.2 Encourage a compact downtown to conserve open space and the natural environment throughout other parts of the City.
6.3.3 Encourage redevelopment of underutilized space with pocket parks, pocket plazas, and pedestrian passages that offer scenic open spaces capable of softening, rather than emphasizing, adjacent development.
7 Facilitate Safe, Convenient, and Balanced Transportation Orinda's downtown has been transformed into a "walker's paradise," where the abundance of local establishments and services are well-connected by comfortable, active sidewalks, high visibility crosswalks that provide safe passage between pedestrian curb extensions, and popular H.1.b
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9 pedestrian passages. It's now comfortable to cross Camino Pablo to reach the de Laveaga Trailhead via a high visibility crosswalk after rounding the San Pablo Creek boardwalk.
Former surface lots that once dominated the Village District have been replaced with a network of pocket parks, plazas, and pathways that better articulate a sense of place and enable comfortable access to the shops and restaurants here. Shared public parking structures fronted with shops have enhanced the Theatre and Village Districts, transforming each into "park once" districts that maintain Orinda residents and visitors' easy access to downtown. Artfully designed bike racks and dedicated scooter spaces dot the downtown, connected by comfortable bike lanes that encourage families to spend an afternoon visiting the two sides of the downtown by bicycle, or allowing downtown workers to make a quick bike trip for lunch at their favorite spot across downtown.
7.1 Focus on safe and convenient pedestrian access to, from, and within the downtown.
7.1.1 Design pedestrian areas throughout the downtown in accordance with the ConnectOrinda plan.
7.1.2 As resources allow, provide adequate sidewalk space on heavily traveled pedestrian corridors (i.e., Camino Pablo, Orinda Way, Moraga Way), especially between BART, the Village, and the Theatre District.
7.1.3 Minimize the conflict between pedestrian and vehicular traffic at intersections as well as midblock.
7.1.4 Encourage private development to expand the pedestrian network throughout downtown parcels, considering their publicly accessible outdoor areas as an extension of the pedestrian environment wherever possible.
7.1.5 As resources allow, improve pedestrian and bicycle connectivity to and from adjacent neighborhoods.
7.2 Evaluate alternative transportation strategies that connect visitors and residents to and within the downtown.
7.2.1 Conduct traffic studies as appropriate to inform transit decisions to serve new demand as a result of an increased concentration of downtown businesses and housing.
7.2.2 Continue to study and pursue options that increase the transportation options between the Village, the Theatre District, and BART in a way that minimizes reliance on personal vehicles to travel between downtown locations.
7.2.3 Establish a comprehensive public bike and scooter parking strategy in accordance with the ConnectOrinda plan.
7.2.4 Encourage new development that includes bicycle and scooter infrastructure to support ridership.
7.3 Provide adequate vehicular access and parking opportunities for customers, employees, and residents that reduces the current visual impact of surface parking.
7.3.1 Consider objective regulations that would discourage suburban-style development where surface parking is the dominant feature.
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10 7.3.2 Look for opportunities to create adequate parking facilities to support land use policies for the downtown and protect adjacent neighborhoods from parking spillover.
7.3.3 Assess traffic conditions and pursue street improvement projects as needed to provide adequate vehicular access to, from, and within the downtown.
7.3.4 Minimize parking and loading entrances to reduce conflict with pedestrians.
7.3.5 Seek alternatives to parking minimums to facilitate development that maintains sufficient parking downtown. Consider an ordinance for shared parking requirements and/or a parking variance inlieu ordinance for downtown residential development per the objectives of the 6th Cycle Housing Element. Periodically assess the commercial retail in-lieu parking ordinance fees to ensure the financial feasibility of coordinating alternative parking. 8 Foster a Welcoming and Inclusive Community
Downtown Orinda is a welcoming, accessible, and supportive community built upon the experiences of people whose age, ancestry, citizenship, color, disability, financial socioeconomic status, gender, gender identity or expression, national origin, political affiliation, race, religion or religious beliefs, sex, and sexual orientation will never be a barrier to an individual’s voice in guiding the character and participating in the community of downtown Orinda. The processes that shape downtown and the arts that tell its story will actively seek the participation and representation of community members from historically marginalized backgrounds. Downtown Orinda offers resources, activities, and support for the individual, the family, and the community of people from all walks of life.
8.1 Build a sense of community trust through open and inclusive planning processes.
8.1.1 Strive for a robust community engagement process that is welcoming to input from people of all backgrounds. The public participation process should offer diverse and flexible methods of participation, which can reduce barriers to participation.
8.1.2 Foster relationships with key leaders and local organizations that expand public participation efforts.
8.2 Pursue an accessible downtown that supports the needs of diverse populations.
8.2.1 Pursue regulations that would promote downtown housing that is economically accessible to diverse demographic groups and income levels.
8.2.2 Evaluate regulatory options to promote a mix of accessible housing and healthcare options that would support seniors and disabled community members.
8.2.3 Consider regulations intended to attract and support childcare facilities that increase flexible use of the downtown for Orinda's families.
9 Promote a Safe and Resilient Downtown Environment
New development and density has continued to provide the safety and security afforded to Orinda residents, visitors, and buildings downtown.
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11 9.1 Protect downtown buildings and their occupants from natural hazards (i.e., fire, flood, and earthquake).
9.1.1 Coordinate with MOFD on appropriate development conditions for fire prevention and wildfire resilience.
9.1.2 Coordinate with the Contra Costa County Building Department on evolving building standards related to the ability of new and existing buildings to withstand a major seismic event.
9.1.3 Educate and train downtown businesses, organizations, and residents on emergency response and evacuation procedures.
9.2 Focus on occupant and visitor safety in the context of new projects, renovation projects, and increased densities in the downtown.
9.2.1 Investigate whether power grid enhancements are capable of providing backup generation for critical services during Public Safety Power Shutoff outages.
9.2.2 Evaluate whether downtown development and density is commensurate with the service capabilities of MOFD and the Orinda Police Department.
10 Pursue a Sustainable and Resilient Future
The City of Orinda is cognizant of the evolving threat of climate change and the urgent need to reduce, mitigate, and reverse the impacts of human activity on the environment as well as to plan for climate change adaption and community resilience. Through Bay Area initiatives, Orinda coordinates with county and city governments to fulfill its role in ensuring that the natural environment and the people who live here are protected from climate change hazards.
Development is sensitive to these needs and incorporates effective mitigation and adaption strategies that minimize the impact of the built environment on Bay Area ecosystem services, while transportation strategies reduce Vehicle Miles Travelled (VMT) and greenhouse gas emissions.
10.1 Develop a comprehensive strategy for creating an environmentally sustainable and resilient downtown.
10.1.1 Ensure inter-departmental coordination on sustainability actions and resource access.
10.1.2 Ensure that environmental sustainability and resiliency is considered holistically in public investment decisions.
10.1.3 Ensure that property owners, developers, and tenants have the opportunity to maximize environmental sustainability and resilience. Leverage the City’s role in guiding development to provide advice, direction, and encouragement to new development to maximize its environmental sustainability and resilience.
10.1.4 Encourage downtown businesses to participate in the Contra Costa County Green Business Program. Seek and promote strategies and resources for businesses and property owners to invest in efficiency upgrades through green technologies and techniques.
10.2 Minimize greenhouse gas emissions.
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12 10.2.1 Explore partnerships that would allow and attract shared micromobility services, such as bike and scooter shares, within the downtown.
10.2.2 Consider a Zero-Emission Vehicle Rollout Plan to guide the gradual transition of the City’s vehicles to a zero emission vehicle fleet. Zero-emission vehicles, which include electric and hydrogen vehicles, do not result in harmful emissions during operation, which reduces negative impacts to local air quality and contributes to reduced greenhouse gas levels.
10.2.3 Encourage and support the inclusion of electric vehicle charging stations in new or reconfigured parking solutions, to include both private and City-owned parking lots/structures.
10.3 Improve climate resiliency through the design of new development projects.
10.3.1 Encourage new development and redevelopment projects to include green infrastructure and green building elements that minimize the built environment’s impact upon the natural environment, connect wildlife habitats, promote biodiversity, sequester carbon emissions, and absorb rainwater. These techniques may include green walls, green roofs, bioswales, native landscaping, pocket parks, and improvements to the native tree canopy.
10.3.2 Work with MOFD to confirm new development uses approved alternative methods of emergency access that preserve existing street trees, which provide natural carbon sequestration and absorb rainwater, where feasible.
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1 DOWNTOWN VISION STATEMENT
Downtown Orinda is a vibrant, welcoming, and accessible destination that is home to a variety of restaurants, specialty businesses, and diverse housing options that serve the Orinda community; celebrates Orinda’s history and semi-rural heritage while supporting new, high-quality development that breathes life and beauty into the downtown; espouses community stewardship of the natural environment; promotes lively, interconnected entertainment spaces to celebrate the arts and bring people together through events and performances; fosters responsible growth by supporting a dynamic employment center and managing safe, multimodal transportation; and upholds the dignity and safety of all who use the downtown.
Above, the downtown vision statement describes what our community hopes the downtown will become in the long-run. It visualizes a future in which the common goals and aspirations of Orindans have been successfully pursued. The vision statement helps decision-makers direct future policy and development that supports achievement of the vision.
Guiding Principles are the essential areas of current action and future improvement that direct our community’s focus and efforts toward achieving its overarching vision. Each guiding principle for downtown Orinda is accompanied by a more specific long-range vision of how the community might take shape around the principle if it is diligently acted upon.
Goals are more focused objectives that support the achievement of the guiding principles. Within the DPP framework, a goal is the community’s aspiration for a specific future condition. Each guiding principle is supported by two to four specific goals.
Policies are specific statements of the City's approach and commitment to a particular goal. If each goal is considered to be an objective the community hopes to achieve within the downtown, the specific supporting policies are the ways in which the City will work to achieve the goal.
The ensuing pages are organized into ten guiding principles and their subordinate goals and policies. 1 Revitalize the Downtown Economy
A strong sense of cooperation and mutual support exists between the members of the business community, downtown property owners, and the City. The needs of cherished long-time businesses are reflected in downtown decision-making, enabling their resilience and continued service within the community. Newer Small businesses find support and resources for starting up operations in Orinda. The business environment is well-networked through downtown business and professional organizations.
1.1 Foster a healthy business environment through careful planning, guided private development, and public investment.
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2 1.1.1 Support reinvestment and encourage business growth and retention.
1.1.2 Provide an environment in which small, non-franchised businesses can succeed. Encourage the creative inclusion of micro-retail in larger development sites. Promote an environment for small business resiliency. Encourage the creative inclusion of small and micro-retail in larger development sites that create a diverse range of economically accessible commercial space options for business owners.
1.1.3 Study evolving market demand and maintain a critical assessment of Orinda's entrepreneurial ecosystem in order to guide public and private investment and allocate resources accordingly.
1.1.4 Seek partnerships with and supportive policies for quality developers of commercial, mixed-use, and affordable housing developments.
1.2 Improve business startup processes and small business access to resources, supportive infrastructure, and business networking opportunities.
1.2.1 Explore opportunities to streamline business startup processes.
1.2.2 Seek innovative strategies to improve the local public digital infrastructure, including cell, fiber, and wi-fi networks.
1.2.3 Enhance the City's coordination with the business community and downtown property owners throughout the public engagement process for proposed downtown development standards and projects.
1.2.4 Educate the community on available grant funding opportunities and small business resource programs. Encourage downtown businesses to participate in the Contra Costa County Green Business Program.
1.2.5 Support the development of downtown groups and networking activities for young professionals and entrepreneurs.
1.2.6 Strengthen Cooperate with the Orinda Chamber of Commerce. Expand partnerships between the City and community organizations in order to provide events and seminars benefitting business connections.
2 Enable and Attract a Diversity of Land Uses
Orinda houses a diverse mix of independent businesses that exemplify Orinda’s small-town character. Orindans travel downtown to shop at specialty grocery shops in a lively market hall and dine at a variety of high-quality restaurants, while guests to Orinda can stay in a charming boutique hotel surrounded by shops and restaurants. Community-serving local establishments provide a myriad of options that serve the daily needs of residents and visitors, and include affordable and accessible options for all income levels. Downtown housing has been incorporated into mixed-use projects to better support local establishments. Downtown housing supports families, seniors, and young professionals from a variety of backgrounds who help foster a sense of community downtown and contribute to a lively and engaging atmosphere.
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3 2.1 Increase land use diversity that supports the needs of Orinda's residents and businesses, as well as attracts visitors from the Lamorinda region.
2.1.1 Encourage eclectic retail and entertainment establishments to locate downtown and ensure consider that zoning regulations that support such uses.
2.1.2 Support Consider regulations that would allow development of coworking, business incubator, and flexible live/work spaces that accommodate the needs of a burgeoning work-from-home population.
2.1.3 Explore regulations that would allow innovative uses of space beyond retail, such as small-scale manufacturing and other creative spaces.
2.1.4 Discourage Encourage and ensure the transition of current conditional ground-floor uses that detract from pedestrian-oriented activity.
2.1.5 Encourage a variety of local dining opportunities including a greater variety and higher quality of restaurants and outdoor dining.
2.1.6 Work to aAttract a specialty grocery store or market hall that energizes the retail sector and enhances the downtown shopping environment.
2.1.7 Explore regulations that would allow and aAttract a boutique-scale hotel or Main Street style inn that increases the capacity for locally-serving hospitality.
2.2 Meet some of the community’s housing needs downtown per the Regional Housing Needs Allocation set by the Association of Bay Area Governments.
2.2.1 Consider rReviseions to downtown the general plan and zoning designations applicable to downtown properties to support the capacity for new housing.
2.2.2 Implement Pursue objective design standards in response to state legislation for qualifying multifamily housing projects.
2.2.3 Explore regulations that would Eencourage residential mixed-use development that incorporates neighborhood-serving retail and commercial uses on the ground floor.
2.2.4 Work to encourageIncrease housing density atto a level that is compatible with locally-serving land uses, while maintaining an accessible downtown for all of Orinda.
2.2.5 Focus on Incentivize the production of an expanded variety of quality housing choices that are inclusive of all ages and income levels.
2.2.6 Pursue the goals of the 6th Cycle Housing Element. Review and ensure promote consistency between the Downtown Precise Plan policies and future Housing Element cycles.
2.2.7 Focus on vacant and/or underutilized sites, especially on the downslope along the western perimeter in the Village (adjacent to Camino Pablo) of the Project Area as possible locations for residential redevelopment. In particular, consider the western edge of the Village District near the San Pablo Creek, where the downsloping properties may better accommodate increased building heights away from the street.
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4 2.2.8 Check for consistency with all elements of the City’s General Plan (e.g., Land Use Element, Open Space Element, Circulation Element, Conservation Element, Noise Element) and consider proposed changes as appropriate, prior to implementing the policies proposed in this DPP.
2.3 Plan for future housing needspotential housing, office, and/or retail development adjacent to downtown areas.
2.3.1 Proactively Coordinate with Caltrans and plan for BART area housing development in advance of BART's intent regarding any for Transit-Oriented Development (TOD) in at the Orinda BART station parking areas. Use BART’s published materials along with its adopted policies and performance metrics to develop Consider a Pprecise Pplan and, Oobjective Ddesign Sstandards , and methods for procuring replacement parking that can be enacted tothat would guide BART TOD development at this station’se siteparking areas.
2.3.2 Consider objective design standards to facilitate high quality, contextually-sensitive multifamily Rresidential Medium Density development in conjunction with rezoning to meet Housing Element obligations.
3 Ensure New Development Enhances the Appearance of Downtown Downtown Orinda has developed into a network of buildings old and new, eclectic but cohesive, organic yet well-ordered. Newer, community-oriented architecture and sensitive site design compliment older iconic buildings through cohesive architectural styles and appropriate detailing.
A variety of downtown residential buildings provide a permanent sense of community through the neighborhood-oriented placemaking that has been incorporated into their design. Although downtown Orinda has filled in and scaled up in places, the new downtown fabric retains a sense of village charm through attractive, main street-style development.
3.1 Pursue Implement objective design standards that guide the development of appropriatelyscaled, contextually compatible buildings that strengthen and enhance the downtown's village character.
3.1.1 Design active building frontages that engage a mixed-use neighborhood. Frontages should incorporate use-appropriate elements such as porches, stoops, shopfronts, and public terraces that strengthen connections between the public realm and downtown buildings. Where uses are inconsistent with an active pedestrian realm, such as with parking garages, development should include street-fronting uses that conceal the conflicting use.Explore regulations that would require new development to incorporate engaging elements where buildings are located along public sidewalks. These elements might include shopfronts, porches, stoops, and public terraces that strengthen connections between the public realm and downtown buildings. Where uses are inconsistent with an active pedestrian realm, such as with parking garages, regulations should require developments to include street-fronting, pedestrian-oriented uses that conceal the conflicting use.
3.1.2 Strive towards a well-networked development fabric that gradually transitionsto adopt regulations that would gradually transition from smaller buildings near residential neighborhoods to larger, more centralized buildings. Buildings should be scaled in respect to their surroundings and support a moderate intensity of neighborhood and community-serving uses. Projects with H.1.c
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5 larger development footprints should integrate with the existing developed environment and provide a varied character.
3.1.3 Set height limits that maintain a desirable development scale while contributing to the revitalization of downtown Orinda. Building heights for each area should be objective ensure and written to require that buildings to harmonize with the built and natural environments while reducing constraints on / ensuring the viability of redevelopment.
3.1.4 Explore regulations that would Rreduce building setbacks from the sidewalk. Combined with widening sidewalks where possible, this would be intended to promote helps ensure pedestrian comfort and active engagement with a main street environment.
3.1.5 Pursue objective regulations that would require development to Sstep back at upper stories to reduce the perceived mass of buildings at the street level, blend the roofline of taller buildings with lower buildings, and create light and view corridors between structures.
3.1.6 Consider objective regulations that would Ppromote vertical mixed-use buildings, particularly at major intersections, that include ground-floor commercial, retail, and entertainment spaces that contribute to an active sidewalk. In areas of lower intensity, focus on objective regulations that would allow horizontal mixed use that locates commercial, services, and housing within short distances of each other.
3.2 Foster a supportive environment for responsible downtown development.
3.2.1 Offer development incentives (tax benefits,e.g., density bonuses, etc.) consistent with State Law to encourage appropriate development.
3.2.2 Approach development decisions with pragmatism and with a clear understanding of trade-offs.
3.2.3 Research and implement possible incentives and streamlined processes for combining small lots into larger sites suitable for redevelopment.
3.3 Reduce blight and activate underutilized properties.
3.3.1 Encourage appropriate infill development or redevelopment of blighted and vacant properties.
3.3.2 Look for opportunities Support initiatives that to reduce or better activate existing deep setbacks.
3.4 Pursue Public Works projects that beautify and enhance the sense of place downtown.
3.4.1 As resources allow, Iimplement the recommendations and actions of ConnectOrinda for maintaining the public realm.
3.4.2 As resources allow, Iimplement the recommendations and actions of ConnectOrinda for establishing community gateway markers, appropriate pedestrian lighting, and street furnishings, and public parklets.
3.4.3 Develop Consider public/private partnerships to address the constraints imposed by the PG&E easement and transmission towers with nothat does not result in a net financial cost to the City.
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6 4 Facilitate Historical Preservation and Celebrate Orinda's Semi-Rural Heritage
Property and business owners have partnered with each other and the City to establish an attractive and meaningful downtown that supports and celebrates Orinda's sense of community life. The iconic Orinda Theatre continues to stand proudly as a testament to Orinda's historical charm and community resilience. Other buildings of historical significance have also been restored and maintained, enhancing the village atmosphere of the local shops and restaurants that draw residents of Orinda and the greater Lamorinda region into downtown Orinda. Previously vacant or underutilized properties, such as the former Phair's building, have been preserved commemorated as historic points of local civic pride that reinforce the village character of newer development. A myriad of art pieces and attractive historic markers tell the story of Orinda’s history and reinforce a sense of community pride and heritage.
4.1 Support the preservation, rehabilitation, commemoration, and maintenance of historical properties.
4.1.1 Support Consider the preservation and/or commemoration of buildings and features that reflect the historical village character of the downtown.
4.1.2 Work to Sstreamline the permitting process and reduce regulatory barriers for property owners performing routine maintenance and upgrades on older downtown buildings.
4.1.3 Explore streamlined regulations for Support entrance and façade remodeling on downtown buildings that will contribute to the pedestrian environment and the historic character of downtown.
4.1.4 Research and pursue grants and programs that assist property owners with historic preservation efforts.
4.1.5 Consider regulatory updates to Eextend the life cycle of existing downtown building stock through adaptive reuse.
4.2 Document and represent Ensure the history of the City is well documented and represented.
4.2.1 Seek opportunities to expand upon the historic marker program throughout downtown, as well as other methods that commemorate Orinda's heritage as a semi-rural village community. 5 Establish Downtown as an Active Center for Arts and Events Downtown Orinda has become a center for arts and culture that provides aesthetic and interactive cultural and recreational activities that represent its diverse population. Artists have access to a bounty of forums to express themselves and the values of Orinda. Residents now enjoy music, dining, recreation, and entertainment through a widened variety of inviting, mixed-use public spaces. In the Village District, food truck nights have culminated in a small culinary festival, while in the Theatre District residents and visitors flock to experience Orinda's charming art and culture street fairs. Orinda's successful public programming has been leveraged to bring life and activity to the community's commercial and retail spheres. The friendly atmosphere of the downtown encourages community engagement and active participation in downtown events.
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7 5.1 Animate existing and future public and private spaces through a comprehensive downtown arts program.
5.1.1 As resources allow, Iimplement the ConnectOrinda recommendations and guidelines pertaining to public art.
5.1.2 As resources allow, Pprovide opportunities and public forums for artists to display and perform their work. Consider implementation of a public performance ordinance or program that compliments and culturally enriches downtown uses.
5.1.3 Consider a public art requirement for development projects.
5.1.4 Consider design and implementation of a public art master plan that guides and coordinates the efforts of downtown art organizations, committees, programs, and initiatives.
5.2 Express and enhance Orinda’s social and cultural character by making promoting downtown as a diverse center with daytime, evening, and nighttime activities.
5.2.1 Provide Pursue cultural activities and opportunities for diverse ethnic, age, and social groups in the downtown, which shcould include live performances, noon-time concerts, and evening and weekend activities.
5.2.2 Seek creative design strategies that enhance existing public open spaces as flexible mixed-use spaces. Incorporate Focus on amenities such as furniture, lighting, and art that can help articulate spaces that are frequently used to host events, such as the farmers market and food truck nights.
5.2.3 Create Pursue new multi-use, accessible public and private spaces that can act as public forums gathering places and support a dynamic range of cultural events and recreational activities.
5.2.4 Coordinate with Theatre District business and property owners to develop and host regarding street festivals, art fairs, and other events that can spotlight the Theatre District. Work with Theatre Square owners in particular to broaden the scope of currently-offered public event programming.
5.3 Encourage a variety of health and fitness activities throughout the downtown.
5.3.1 Partner Coordinate with local health professionals and community members to hold regarding health fairs, healthy-cooking demonstrations, and physical activity opportunities.
5.3.2 Coordinate Parks & Recreation Department, local fitness facilities, and downtown businesses efforts to conduct outdoor activities boot camps during warmer times of the year. Encourage private or consider public development of outdoor exercise equipment in a pocket park to support such boot camp activities.
5.3.3 As resources allow, consider Install art, signs, and markers that create walking and running trails throughout and around the commercial district.
5.3.4 Encourage Ensure adequate play areas for children exist throughout downtown areas in order to support the family-friendly atmosphere.
5.3.5 Consider updating the Parks and Recreation Master Plan (, implemented in 1989).
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8 6 Restore, Enhance, and Provide Access to the Natural Environment The San Pablo Creek has become a prominent feature of the downtown with a scenic greenway promenade and boardwalk that offer natural vistas. Nearby, restaurant patios overlook the San Pablo Creek, creating a warm, active atmosphere that draws in families and visitors. The creek is connected to the rest of downtown through a series of green pedestrian passages, pocket parklets, and pocket plazas that enhance the feeling of an open downtown immersed in nature.
Orinda’s natural beauty is celebrated through the preserved views to its rolling hills and maintenance of its mature native trees. Residents and visitors use pedestrian-friendly pathways to access the trails, parks, and natural scenery in which downtown Orinda is nestled.
6.1 Restore and eEmbrace San Pablo Creek.
6.1.1 As resources allow, pursue Develop a San Pablo Creek trail along the eastern bank that is ADA accessible. Study development options for including a bridge that crosses the creek and a boardwalk that follows the western bank.
6.1.2 Establish Strive for a unique brand and identity for San Pablo Creek. This might be done by Mmarking the portals of day-lit portions with archways, sculptures, or gateway signage. Use of painted symbols or artful markers could be used at public locations to reveal the “invisible creek” where it passes below. Use dDecorative bridge railings could be installed to that celebrate the creek.
6.1.3 Look for opportunities to Iincorporate features that provide comfort and vantage points for visitors (e.g., . Establish viewing platforms with interpretive signage and seating near the Santa Maria Way/Camino Pablo intersection) and at other public access points. Use sSeating and lowlevel lighting could be used along the creek to create comfortable resting locations at public access points.
6.1.4 Construct Pursue connections between the creek, the Community Center, and the de Laveaga Trail.
6.1.5 Coordinate with private landowners to develop encourage creek-fronting façades or restaurant vistas, and a contiguous creek greenway that provides public amenities and comfortable pedestrian access along the creek.
6.1.6 Consider bike/scooter parking needs at one or more creek trailhead locations.
6.1.7 Study options to decrease noise at the creek from vehicles traveling on Camino Pablo.
6.2 Foster a connection with nature by enhancing the downtown's natural resources.
6.2.1 Pursue Provide and maintain a variety of outdoor spaces, particularly public gathering spaces, that blend with the natural environment of Orinda by incorporating native landscaping.
6.2.2 Motivate Work with property owners and businesses to contribute to and maintain landscaping throughout downtown, both in the private and public domains.
6.2.3 Encourage Look to new development and redevelopment projects to include green infrastructure and green building elements that create visual links to Orinda's natural environment, connect H.1.c
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9 recreational trails and wildlife habitats, and absorb rainwater. These techniques may include green walls, green roofs, bioswales, native landscaping, pocket parks, and improvements to the native tree canopy.
6.2.34 Seek additional strategies to fund, maintain, and update existing parks and trails through and adjacent to the downtown through partnerships and grant funding opportunities with state, federal, and non-governmental organizations.
6.2.4 Consider pursuing designation as an International Dark Sky Community, or the adoption of dark sky-friendly lighting policies per International Dark-Sky Association guidelines. Dark sky policies seek to minimize light pollution and increase visual access to night skies.
6.3 Maintain a sense of openness and visual access to the hills to the west.
6.3.1 As resources allow, Eenhance the existing open space in the downtown, including the community park and library plaza area, with open-air restaurant seating, public seating, and other amenities that provide for view corridors towards Orinda's hills and natural scenery.
6.3.2 Encourage a compact downtown to conserve open space and the natural environment throughout other parts of the City.
6.3.3 Encourage rRedevelopment of underutilized space with pocket parks, pocket plazas, and pedestrian passages that offer scenic open spaces capable of softening, rather than emphasizing, adjacent development.
7 Facilitate Safe, and Convenient, and Balanced Transportation that Balances Automobile Access with Walking, Bicycling, and Transit Orinda's downtown has been transformed into a "walker's paradise," where the abundance of local establishments and services are well-connected by comfortable, active sidewalks, high visibility crosswalks that provide safe passage between pedestrian curb extensions, and popular pedestrian passages. It's now comfortable to cross Camino Pablo to reach the de Laveaga Trailhead via a high visibility crosswalk after rounding the San Pablo Creek boardwalk.
Former surface lots that once dominated the Village District have been replaced with a network of pocket parks, plazas, and pathways that better articulate a sense of place and enable comfortable access to the shops and restaurants here. A sShared public parking structures fronted with shops continues to enable Orinda residents and visitors to access downtown while creating a "park once" district have enhanced the Theatre and Village Districts, transforming each into "park once" districts that maintain Orinda residents and visitors' easy access to downtown. Artfully designed bike racks and dedicated scooter spaces dot the downtown, connected by comfortable bike lanes that encourage families to spend an afternoon visiting the two sides of the downtown by bicycle, or allowing downtown workers to make a quick bike trip for lunch at their favorite spot across downtown.
7.1 Create Focus on safe and convenient pedestrian access to, from, and within the downtown.
7.1.1 Design Ensure pedestrian areas throughout the downtown are designed in accordance with the ConnectOrinda plan.
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Packet Pg. 108 Attachment: Tracked changes - Draft Vision & Guiding Principles text, August 2022 (2889 : Downtown Precise Plan Draft Vision & Guiding
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DRAFT, AUGUST 2022
10 7.1.2 As resources allow, Pprovide adequate sidewalk space on heavily traveled pedestrian corridors (i.e., Camino Pablo, Orinda Way, Moraga Way), especially between BART, the Village, and the Theatre District.
7.1.3 Minimize the conflict between pedestrian and vehicular traffic at intersections as well as midblock.
7.1.4 Encourage private development to expand the pedestrian network throughout downtown parcels, considering their publicly accessible outdoor areas as an extension of the pedestrian environment wherever possible.
7.1.5 As resources allow, Iimprove pedestrian and bicycle connectivity to and from adjacent neighborhoods.
7.2 Evaluate and implement alternative transportation strategies that connect visitors and residents to and within the downtown.
7.2.1 Conduct traffic studies as appropriate to that can inform transit decisions to serve new demand as a result of an increased concentration of downtown businesses and housing.
7.2.2 Continue to study and pursue options that increase the transportation options between the Village, the Theatre District, and BART in a way that minimizes reliance on personal vehicles to travel between downtown locations.
7.2.3 Establish a comprehensive public bike and scooter parking strategy in accordance with the ConnectOrinda plan.
7.2.4 Encourage new development that includes bicycle and scooter infrastructure to support ridership.
7.3 Provide adequate vehicular access and parking opportunities for customers, employees, and residents that reduces the current visual impact of surface parking.
7.3.1 Consider objective regulations that would Ddiscourage suburban-style development where surface parking is the dominant feature.
7.3.2 Look for opportunities to Ccreate adequate parking facilities to support land use policies for the downtown and protect adjacent neighborhoods from parking spillover.
7.3.3 Conduct routine aAssessments of traffic conditions and pursue street improvement projects as needed to provide adequate vehicular access to, from, and within the downtown.
7.3.4 Minimize parking and loading entrances to reduce conflict with pedestrians.
7.3.5 Seek alternatives to parking minimums to facilitate development that maintains sufficient parking downtown. Consider an ordinance for shared parking requirements and/or a parking variance inlieu ordinance for to downtown residential development per the objectives of the 6th Cycle Housing Element. Periodically assess the commercial retail in-lieu parking ordinance fees to ensure the financial feasibility of coordinating alternative parking.
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Packet Pg. 109 Attachment: Tracked changes - Draft Vision & Guiding Principles text, August 2022 (2889 : Downtown Precise Plan Draft Vision & Guiding
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11 8 Foster a Welcoming and Inclusive Community
Downtown Orinda is a welcoming, accessible, and supportive community built upon the experiences of people whose age, ancestry, citizenship, color, disability, financial socioeconomic status, gender, gender identity or expression, national origin, political affiliation, race, religion or religious beliefs, sex, and sexual orientation will never be a barrier to an individual’s voice in guiding the character and participating in the community of downtown Orinda. The processes that shape downtown and the arts that tell its story will actively seek the participation and representation of community members from historically marginalized backgrounds. Downtown Orinda offers resources, activities, and support for the individual, the family, and the community of people from all walks of life.
8.1 Build a sense of community trust through open and inclusive planning processes.
8.1.1 Ensure Strive for a robust community engagement process that is welcoming to input from people of all backgrounds. Ensure tThe public participation process should offers diverse and flexible methods of participation, which can reduce barriers to participation.
8.1.2 Foster relationships with key leaders and local organizations that expand public participation efforts.
8.2 Pursue Create an accessible downtown that supports the needs of diverse populations.
8.2.1 Ensure Pursue regulations that would promote downtown housing that is economically accessible to diverse demographic groups and income levels.
8.2.2 Pursue Evaluate regulatory options to promote a mix of accessible housing and healthcare options that would support seniors and disabled community members.
8.2.3 Consider regulations intended to Aattract and support childcare facilities that increase flexible use of the downtown for Orinda's families.
9 Ensure Promote a Safe and Resilient Downtown Environment New development and density has continued to provide the safety and security afforded to Orinda residents, visitors, and buildings downtown.
9.1 Protect downtown buildings and their occupants from natural hazards (i.e., fire, flood, and earthquake).
9.1.1 Coordinate with MOFD to onensure appropriate development conditions for fire prevention and wildfire resilience.
9.1.2 Coordinate with the Contra Costa County Building Department on and adapt evolving building standards related to that ensure the ability of new and existing buildings to withstand a major seismic event.
9.1.3 Educate and train downtown businesses, organizations, and residents on emergency response and evacuation procedures.
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Packet Pg. 110 Attachment: Tracked changes - Draft Vision & Guiding Principles text, August 2022 (2889 : Downtown Precise Plan Draft Vision & Guiding
DOWNTOWN PRECISE PLAN VISION & GUIDING PRINCIPLES
DRAFT, AUGUST 2022
12 9.2 Focus on occupant and visitor safety in the context of Ensure new projects, renovation projects, and increased densities in the downtown preserve the safety of occupants and visitors.
9.2.1 Ensure Investigate whether power grid enhancements are capable of providing backup generation for critical services during Public Safety Power Shutoff outages.
9.2.2 Ensure Evaluate whether downtown development and density is commensurate with the service capabilities of MOFD and the Orinda Police Department.
10 Pursue a Sustainable and Resilient Future
The City of Orinda is cognizant of the evolving threat of climate change and the urgent need to reduce, mitigate, and reverse the impacts of human activity on the environment as well as to plan for climate change adaption and community resilience. Through Bay Area initiatives, Orinda coordinates with county and city governments to fulfill its role in ensuring that the natural environment and the people who live here are protected from climate change hazards.
Development is sensitive to these needs and incorporates effective mitigation and adaption strategies that minimize the impact of the built environment on Bay Area ecosystem services, while transportation strategies reduce Vehicle Miles Travelled (VMT) and greenhouse gas emissions.9.2.3 Work with MOFD to confirm ensure new development uses approved alternative methods of emergency access, while that preserve existing street trees where feasible.
10.1 Develop a comprehensive strategy for creating an environmentally sustainable and resilient downtown.
10.1.1 Ensure inter-departmental coordination on sustainability actions and resource access.
10.1.2 Ensure that environmental sustainability and resiliency is considered holistically in public investment decisions.
10.1.3 Ensure that property owners, developers, and tenants have the opportunity to maximize environmental sustainability and resilience. Leverage the City’s role in guiding development to provide advice, direction, and encouragement to new development to maximize its environmental sustainability and resilience.
10.1.4 Encourage downtown businesses to participate in the Contra Costa County Green Business Program. Seek and promote strategies and resources for businesses and property owners to invest in efficiency upgrades through green technologies and techniques.
10.2 Minimize greenhouse gas emissions.
10.2.1 Explore partnerships that would allow and attract shared micromobility services, such as bike and scooter shares, within the downtown.
10.2.2 Consider a Zero-Emission Vehicle Rollout Plan to guide the gradual transition of the City’s vehicles to a zero emission vehicle fleet. Zero-emission vehicles, which include electric and hydrogen vehicles, do not result in harmful emissions during operation, which reduces negative impacts to local air quality and contributes to reduced greenhouse gas levels.
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Packet Pg. 111 Attachment: Tracked changes - Draft Vision & Guiding Principles text, August 2022 (2889 : Downtown Precise Plan Draft Vision & Guiding
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13 10.2.3 Encourage and support the inclusion of electric vehicle charging stations in new or reconfigured parking solutions, to include both private and City-owned parking lots/structures.
10.3 Improve climate resiliency through the design of new development projects.
10.3.1 Encourage new development and redevelopment projects to include green infrastructure and green building elements that minimize the built environment’s impact upon the natural environment, connect wildlife habitats, promote biodiversity, sequester carbon emissions, and absorb rainwater. These techniques may include green walls, green roofs, bioswales, native landscaping, pocket parks, and improvements to the native tree canopy.
10.3.2 Work with MOFD to confirm new development uses approved alternative methods of emergency access that preserve existing street trees, which provide natural carbon sequestration and absorb rainwater, where feasible.
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Attachment: Existing Orinda General Plan Policies that May Pertain to Downtown Planning (2889 :
From: Nick Waranoff
To: Orinda Planning
Cc: Ann Parnigoni; Brandyn Iverson; Robert Hubner; Willy Mautner; John Smith; Lina Lee; Marian Jelinek; Drummond Buckley; Winnie Mui
Subject: Agenda August 9, 2022 Item 7(1) Downtown Precise Plan Draft Vision and Guiding Principles Date: Friday, August 5, 2022 2:06:40 PM
CAUTION: This email is from an external source. Be careful when clicking links or opening attachments!
Here are my comments, linked to the item:
The “Statement” – the word “vibrant” is planning doubletalk that either is meaningless, or so vague, that it means different things to different people without any consensus on what it means. Does it mean full restaurants with a waiting list? Does it mean full parking lots with little to no available, free parking? Does it mean cars driving around? People ambling about?
1. “Revitalize the downtown economy.” Same comment re “revitalize” as stated above. Flaw in this is that it assumes that the downtown economy needs to be “revitalized.” In fact, very few vacancies, a remarkable, positive achievement in light of COVID-19, that shows that no revitalization is necessary.
“A strong sense of cooperation and mutual support exists between the members of the business community, downtown property owners, and the City.” Three groups are mentioned. Two are comprised of humans.
But who comprises “the City”. The use of “owners” is not inclusive; what about the tenants who operate the existing businesses.
In fact, existing businesses are largely ignored. That is wrong. These folks, many of whom have served Orinda for decades, need to be protected.
“1.2.5 Support the development of downtown groups and networking activities for young professionals and entrepreneurs” This is unfair and discriminatory. Half of Orinda’s adult population is over 55.
2. The “market hall” fantasy needs to be dropped because it is a fantasy. See
2.1.6. 2.1.7, a boutique hotel, is another fantasy.
6. 6.1.1 needs to include a reference to the trail being ADA compliant.
Nick Waranoff
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Packet Pg. 120 Attachment: Public Coorespondence, Subcommittee & Planning Commission meetings (2889 : Downtown Precise Plan Draft Vision & Guiding H.1.e
Packet Pg. 121 Attachment: Public Coorespondence, Subcommittee & Planning Commission meetings (2889 : Downtown Precise Plan Draft Vision & Guiding H.1.e
Packet Pg. 122 Attachment: Public Coorespondence, Subcommittee & Planning Commission meetings (2889 : Downtown Precise Plan Draft Vision & Guiding H.1.e
Packet Pg. 123 Attachment: Public Coorespondence, Subcommittee & Planning Commission meetings (2889 : Downtown Precise Plan Draft Vision & Guiding H.1.e
Packet Pg. 124 Attachment: Public Coorespondence, Subcommittee & Planning Commission meetings (2889 : Downtown Precise Plan Draft Vision & Guiding H.1.e
Packet Pg. 125 Attachment: Public Coorespondence, Subcommittee & Planning Commission meetings (2889 : Downtown Precise Plan Draft Vision & Guiding H.1.e
Packet Pg. 126 Attachment: Public Coorespondence, Subcommittee & Planning Commission meetings (2889 : Downtown Precise Plan Draft Vision & Guiding H.1.e
Packet Pg. 127 Attachment: Public Coorespondence, Subcommittee & Planning Commission meetings (2889 : Downtown Precise Plan Draft Vision & Guiding H.1.e
Packet Pg. 128 Attachment: Public Coorespondence, Subcommittee & Planning Commission meetings (2889 : Downtown Precise Plan Draft Vision & Guiding H.1.e
Packet Pg. 129 Attachment: Public Coorespondence, Subcommittee & Planning Commission meetings (2889 : Downtown Precise Plan Draft Vision & Guiding City Council
Staff Report
Agenda Item: H.2
Date: September 6, 2022
Department: Planning Department
AGENDA TITLE: Draft San Pablo Creek Restoration & Trail Concept Memo RECOMMENDATION:
Staff recommends the City Council receive the report, take public testimony, and provide feedback on the draft San Pablo Creek Restoration & Trail Concept memo.
BACKGROUND:
The discussion of San Pablo creek restoration has been raised many times throughout downtown planning efforts. Restoration efforts date back to the 2001 San Pablo Creek Preliminary Restoration Plan. Most recently, the adopted 2019 ConnectOrinda Plan included a recommended “Plan for Creek Access” project. The “Plan for Creek Access” project recommends highlighting the creek, coordinating with landowners for public access, and incorporating features to enhance the creek experience. San Pablo creek restoration continues to be a recurring desire for many residents as indicated by survey responses for both the ConnectOrinda plan and the DPP.
In December 2020, the City Council awarded a contract to Placeworks for San Pablo creek restoration analysis as a component of the Downtown Precise Plan (DPP). After completing site visits and an initial assessment, Placeworks recommended expanding the scope of the analysis to include a topographic survey and hydrology study. This additional analysis was recommended to ensure an accurate analysis of the potential for creek restoration. A contract amendment for the expanded scope was approved by the City Council in March 2021.
DISCUSSION:
The draft San Pablo Creek Restoration & Trail Concept memo has been developed based on an evaluation of past efforts, and the topographic survey and hydrology study that was completed. The memo is made up of five main sections:
1. Purpose Statement
The purpose statement describes the purpose of the creek analysis.
2. Project Background
The project background analyzes how the existing creek channel was modified to its current conditions, describes the existing flood control conditions, the existing hydrology of the creek, existing vegetation and wildlife habitat, and existing special-status species within the vicinity of the creek.
3. Proposed Restoration Plans
This section discusses a 2019 creek restoration concept that was developed by FlowWest for Friends of Orinda Creeks (FOC). The 2019 concept proposes H.2
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meanders and a creekside trail that would result in grading over property lines and into the rear parking lots of multiple existing businesses. PlaceWorks also discusses a 2021 creek improvement project proposed by FOC. The 2021 project proposes a less extensive project focused on only one parcel owned by Contra Costa County.
Following completion of the topographic survey and hydrology study, PlaceWorks developed a creek concept that keeps the channels relatively straight rather than meandering like the 2019 FOC concept. The PlaceWorks concept results in no net rise in flooding, provides improved trail access, and limits the extent of channel grading. This plan would still result in the loss of parking and encroach into private property, but to a lesser degree. Other proposed improvements in the PlaceWorks concept include a creekside trail, an optional bridge and boardwalk, seating and furnishings, interpretative signage, and riparian habitat improvements.
4. Potential Funding Sources
A list of potential grants that could help fund future San Pablo creek restoration efforts is provided.
5. Implementation and Next Steps
Lastly, the memo lists next steps for creek restoration. Next steps includes working with private property owners, developing construction drawings, public engagement, environmental review and permitting, and construction The DPP will include a chapter specifically discussing San Pablo creek and the analysis performed by PlaceWorks. This chapter will create one central place that documents the history of San Pablo creek restoration efforts and provides a guidebook for future restoration.
San Pablo creek is an important component of the DPP’s goals and objectives. The creek is daylighted across approximately 12 parcels, but existing structures are oriented toward Orinda Way with little to no public access. The draft objective design standards, a chapter of the DPP, includes development standards that would encourage future development to be oriented facing the creek and include civic spaces such as public access to the creek from Orinda Way.
NEXT STEPS:
The feedback received from the City Council and members of the public will be incorporated in the next draft of the Restoration & Trail Concept memo. Ultimately, a dedicated San Pablo creek chapter will be included in the DPP and the memo will become an appendix.
FISCAL IMPACT:
ATTACHMENTS:
A. Draft San Pablo Creek Restoration & Trail Concept Memo H.2
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B. Memo Appendices [weblink]
Respectfully Submitted by:
Drummond Buckley
Director of Planning
Prepared By: Winnie Mui, Associate Planner
Approved by:
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MEMORANDUM
DATE August 31, 2022
TO Drummond Buckley, Planning Director
City of Orinda
FROM PlaceWorks
SUBJECT San Pablo Creek Restoration and Trail Concept for the City of Orinda Purpose Statement
PlaceWorks, with assistance from the hydrology firm Questa Engineering and the biology firm Environmental Collaborative, has been authorized by Orinda’s City Council to develop a trail alignment and creek restoration concept for the daylighted portion of San Pablo Creek that runs through the Village side of downtown Orinda, parallel to Camino Pablo between Santa Maria Way and the Safeway parcel, just west of Orinda Way. This creek study was authorized as part of the City of Orinda’s ongoing Downtown Precise Plan (DPP) process, with creek restoration consistently ranking as a high priority in surveys of local residents. The potential creek trail and associated amenities would provide a way to experience the riparian creek corridor, including a canopy of healthy, mature trees and other vegetation. The proposed creek channel enhancements build on the previous and ongoing restoration project proposals by Friends of Orinda Creeks (FOC) to improve channel conditions and habitat while maintaining hydraulic function. While the creek corridor has been highly modified by past flood control and development activities, mature trees and understory vegetation now provide important habitat values that can be further enhanced through native plantings and removal of invasive species that now dominate some areas despite continuing efforts of FOC to restore the riparian corridor’s native vegetation. To provide sufficiently accurate recommendations pertaining to the floodplain, the City Council authorized an expansion of the project to include a new topographic survey of the creek and, using this survey, to create a detailed hydraulic model that can be used to evaluate prior, current, and future restoration proposals. This memo describes the project’s team and timeline, background and existing creek channel conditions, the PlaceWorks team’s recommended concept for creek restoration and trail alignment, potential funding sources, and implementation and next steps. The forthcoming DPP will include a chapter based on the findings in this memo.
Project Team and Timeline
The following City staff and consultant team partners were involved in the development of this feasibility study and the proposed restoration project.
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• City of Orinda: Drummond Buckley, Planning Director, and Winnie Mui, Associate Planner • PlaceWorks’ Consultant Team:
o PlaceWorks: Spence Koehler, Associate Designer; Isabelle Minn, Principal o Environmental Collaborative: Jim Martin, Owner
o Questa Engineering: Syd Temple, Principal
As part of project development, the City and Consultant team met with FOC (Cinda MacKinnon, Michael Bowen, and Bob Stoops).
Key milestones and meetings included the following:
• December 2020 – Project kickoff between City staff and the PlaceWorks team • December 2020 – Meeting with City, Consultant team, and FOC to discuss project history and background
• January 2021 – Consultant team site visits and reconnaissance • March 2021 – Initial Findings and Recommendations Memo recommending expanded topographic and hydrologic work (Appendix A)
• March 2021 – City Council approves expanded scope for modeling • September 2021 – Questa Engineering Memo reviewing two FOC concepts provided to City (Appendix B)
• March 2022 – Meeting with City, Consultant team, and FOC to discuss review of revised concept for County-owned parcel (Assessor’s Parcel Number [APN] 265-170-041) and modeling results
• May 2022 – Draft Concept for San Pablo Creek and trail by PlaceWorks team provided to City
Project Background
Past Channel Modifications
Modifications to the existing creek channel and culverts were completed in 1963 and designed to carry a flow of 3,100 to 3,600 cubic feet per second (cfs). For efficiency, the trapezoidal channel was designed to convey flow at high velocities in a relatively smooth channel (Figure 1). The channel has since been established with woody tree species and low groundcover through a process of plantings and natural recruitment. The concrete channel elements are in disrepair and still bear the remains of a mid-1960s repair using metal sheet piles and grade-control structures.
Together, the sheet piles, grade controls, broken slabs of concrete, and stout tree roots provide the stability on the existing banks and in the channel. Figure 2 is representative of the current channel conditions.
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Figure 1: Undated aerial photo looking north over Orinda Village, showing the construction of Camino Pablo Road and channelization of San Pablo Creek. (Source: Contra Costa County Historical Society, photo number 3997)
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Figure 2. San Pablo Creek Existing Channel Conditions, December 2020 H.2.a
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Existing Flood-Control Conditions
The channel can no longer carry its designed discharge and overflows during large storm events due to its vegetated state and poor bed condition. Portions of the adjacent urban area flood during 100-year and lesser events and have been mapped by the Federal Emergency Management Agency (FEMA) (Figure 3). The private properties in the mapped floodplain must purchase federal flood insurance or self-insure for flood damage to their properties and buildings.
As a requirement of the federal flood insurance program, any project proposed within the 100- year floodplain must undergo hydraulic analysis to show that it will not have an effect on the depth and extent of the 100-year flood conditions.
Figure 3. FEMA Floodplain Restoration and Floodplain Management H.2.a
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The most recent FEMA flooding analysis for the downtown segment of San Pablo Creek was the San Pablo Creek Hydraulics Study completed in 1990 by Aliquot Engineers. This study examined both the watershed hydrology and the floodplain of this segment of the creek. The study proposed several structural, concrete-based engineering solutions to bring the channel back to its design capacity. Since that study, there has been renewed interested in restoring this portion of San Pablo Creek instead of making engineered hardscape improvements to the concrete channel.
The previous study did not address the feasibility or effects of a restoration project.
The engineering feasibility of a large-scale restoration project in an urban area revolves around three variables: (1) the hydrology of the watershed, (2) the hydraulic performance of the channel under existing and potential restoration alternatives, and (3) the effect on flooding conditions.
This memorandum is intended to clarify what information has been determined for each of these variables, summarize existing conditions and constraints, and describe the limitations and opportunities for restoration along this reach.
San Pablo Creek Hydrology – Design Stormwater Flows
The 1990 study by Aliquot examined the watershed hydrology for San Pablo Creek and provided context to evaluate the channel capacity. The project channel had the design capacity of 3,100- 3,500 cubic feet per seconds (cfs) in 1963, which at that time equated to a 50-year design capacity. Modeling and analysis conducted in 1990 showed that the upstream culvert under Highway 24 has a capacity of 3,925 cfs and flows exceeding that rate would flow overland along Orinda Way or Camino Pablo, eventually joining the creek downstream of El Toyonal. Therefore, it appears likely that only 3,925 cfs would be conveyed to the creek just downstream of Altarinda Road regardless of the recurrence interval of the storm. The discharge of the 50-year event under existing conditions was determined in 1990 by the Contra Costa County Flood Control and Water Conservation District (CCCFCWCD) as 4,700 cfs south of Highway 24 near Brookwood Road. The flows that have generally been documented for the creek at this location are shown in Table 1 and were used for subsequent analysis.
Table 1. Projected Design Flows for San Pablo Creek at Highway 24 Frequency (years) 10 25 50 100*
Discharge (cfs) 3,200 3,900 4,700 5,040
* Source: FEMA Flood Insurance Study
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Hydraulics and Flood Performance
The Aliquot study demonstrated that the area does experience overbanking flooding and that the channel can no longer carry its historic design flow. While Questa was unable to review the detailed model outputs of this 30-year-old study, it is important to note that the analysis concluded that flooding of adjacent areas occurs at events less than the 25-year frequency. The project reach is also bounded by culverts both upstream and downstream. These culverts are not proposed to be replaced but do provide controlling conditions for the hydraulic performance of the channel. Alterations to the entrance of the downstream culvert may improve its performance but would need to be explored in the context of a potential restoration project. Any restoration project would need to show that the flooding of private property is less than or equal to existing flood conditions. This is commonly referred to as a “no net rise” evaluation. No up-to-date detailed hydraulic model was available to test whether a restoration project would worsen existing flooding conditions or improve them. In July 2021, Questa completed a detailed topographic survey and developed a new hydraulic model for the reach to complete the analysis.
Existing Easements
Currently, there are several easements along the creek that were originally granted to Contra Costa County and eventually transferred to the City of Orinda. However, additional easements do seem to exist. While extensive research related to these easements was outside the scope of this project, they are shown on the attached maps (Appendix C, Creek Easements) and suggest that easements may exist that are outside of the channel banks that would allow for channel expansion and/or modification. Additional research is needed to clarify the easements within the project area and to determine if older easements outside of the channel banks are also currently binding.
Existing Vegetative Cover and Wildlife Habitat
To characterize biological resources, Environmental Collaborative reviewed available background information and conducted field reconnaissance surveys of the project reach. Information reviewed included records on occurrences of special-status species maintained by the California Natural Diversity Database (CNDDB) of the California Department of Fish and Wildlife (CDFW), a Tree Survey Report1 for the project reach, and other documents prepared by FOC, among other information. No detailed protocol surveys were conducted for special-status species, but the field reconnaissance surveys and background provided sufficient information to perform a habitat 1 Leitner, Barbara M., 2019, Tree Survey Report for San Pablo Creek Restoration in Downtown Orinda, CA, prepared for Friends of Orinda Creeks, October 9.
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suitability assessment to determine the potential for presence of special-status species and other constraints in the project reach. These findings are summarized here with regard to vegetative cover and wildlife habitat, special-status species, regulated waters, and likely permit implications.
Past channelization for flood-control purposes in the 1960s resulted in substantial alteration to the natural creek channel through the project reach. However, over the past almost 60 years, vegetative cover has become re-established as part of landscape plantings and natural recruitment, and now provides relatively high-quality riparian habitat with tree canopy, shrubs and understory vegetation, and clumps of emergent and aquatic cover along the active stream channel. Dominant vegetative cover along the margins of the creek channel through the project reach today consists of a combination of planted ornamental and California native species, such as coast live oak (Quercus agrifolia), coast redwood (Sequoia sempervirens), valley oak (Quercus lobata), California buckeye (Aesculus californica), Oregon ash (Fraxinus latifolia), Monterey pine (Pinus radiata), eucalyptus (Eucalyptus spp.), and wild plum (Prunus cerasiformis). Native white alder (Alnus rhombifolia) and willows (Salix spp.) occur within the active channel and lower creek banks where surface water is present, with many of the mature tree root systems now embedded and entangled in the sheet piles, concrete aprons, and other artificial structures.
Shrub and groundcover species are relatively low where canopy cover is dense, but include native, ruderal (weedy) non-native grasses and forbs, and highly invasive groundcovers, vines, and shrubs. Native species diversity and abundance is low and includes poison oak (Toxicodendron diversilobum), California honeysuckle (Lonicera hispida), snowberry (Symphorcarpos mollis), slough sedge (Carex obnupta), horsetail (Equisetum sp.), and coyote brush (Baccharis pilularis), together with highly invasive, non-native species. Invasive species dominate some sections of the project reach, and include English ivy (Hedera helix), Himalayan blackberry (Rubus armeniacus), cape ivy (Delairea odorata), cotoneaster (Cotoneaster pannosa), sweet fennel (Foeniculum vulgare), and French broom (Genista monspessulana). These invasive species tend to outcompete native species, and in some locations, the ivy and blackberry vines are so thick that they now preclude any other groundcover species and are at risk of choking the canopy of some mature native trees.
Riparian corridors tend to have high wildlife habitat values and can serve as critical linkages for aquatic and terrestrial wildlife movement. Surface water is available for aquatic-dependent organisms and serves as a source of drinking water for terrestrial mammals and birds. The fact that the creek through the project reach continues as culverts upstream under the Highway 24 undercrossing and downstream through commercial development limits the potential for wildlife movement opportunities, but these don’t appear to be complete barriers to aquatic and terrestrial movement. Similarly, the sheet pile weirs, concrete rubble, and other vertical obstructions impede the movement of wildlife in and along the existing creek channel, but H.2.a
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evidence of aquatic animal and terrestrial wildlife movements were observed throughout the project reach.
The well-established riparian canopy and perennial flows through the project reach serve as important resources for aquatic and terrestrial species. Surface water supports invertebrates, which serve as an important source of food for resident fish, amphibians, and wading birds. Likely amphibian species considered to have some potential for occurrence along the project reach include Pacific tree frog (Pseudacris regilla), California newt (Taricha torosa), western toad (Anaxyrus boreas), and ensatina, among others. Terrestrial wildlife that use the riparian and upland cover through the project reach include San Francisco dusky-footed woodrat (Neotoma fuscipes annectens), deer mouse (Peromyscus), eastern fox squirrel (Sciurus niger), rufous-sided towhee (Pipilo erythrophthalmus), scrub jay (Aphelocoma californica), flycatchers, woodpeckers and warblers, common garter snake (Thamnophis sirtalis), western fence lizard (Sceloporus occidentalis), and ringneck snake (Diadophis punctatus). Larger terrestrial species likely include striped skunk (Mephitis mephitis), raccoon (Procyon lotor), opossum (Didelphis spp.), and occasionally black-tailed deer. The mature trees provide nesting and foraging opportunities for numerous species of birds, possibly including raptors (birds-of-prey).
Regulated Waters
The San Pablo Creek corridor is regulated waters and any modifications to this feature is subject to the review and approval by State and federal agencies, including the CDFW, Regional Water Quality Control Board (RWQCB), and the U.S. Army Corps of Engineers (Corps). Wetlands are recognized as important features on a regional and national level due to their inherent value to fish and wildlife, use as storage areas for storm and floodwaters, and water recharge, filtration, and purification functions. Jurisdiction of the Corps is established through provisions of Section 404 of the Clean Water Act, which prohibits the discharge of dredged or fill material into “waters of the U.S.” without a permit. The RWQCB jurisdiction is established through Section 401 of the Clean Water Act, which requires certification or waiver to control discharges in water quality whenever a Corps permit is required under Section 404 of the Clean Water Act, and State waters as regulated under the Porter-Cologne Water Quality Control Act. Jurisdictional authority of the CDFW over riparian habitat is established under Sections 1600-1607 of the California Fish and Game Code, which pertains to activities that would disrupt the natural flow or alter the channel, bed, or bank of any lake, river, or stream.
A preliminary wetland assessment of the project reach was conducted during the field reconnaissance surveys to better understand the possible implications of creek restoration activities and need for permit authorization from jurisdictional agencies. Regulated waters along the project reach consist of the San Pablo Creek channel and possibly a number of seeps present along the upper banks where wetland indicator species, such as slough sedge and horsetail, were H.2.a
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observed. Federally regulated waters are limited to the active channel of San Pablo Creek below the ordinary high-water mark (OHWM). The width of San Pablo Creek between the OHWM varies but is generally about 20 feet. State-regulated waters extend to the top of bank (TOB) or beyond to the edge of riparian canopy where it extends beyond the TOB. Discerning the TOB is a challenge along the project reach because of past flood-control modifications, placement of fills and retaining walls, and other disturbance. Because of the near-continuous canopy of both native riparian and planted tree species that extends over the creek channel and up the banks, the CDFW and RWQCB may consider much of the tree cover through the project reach to be regulated waters. Further detailed analysis would be required to confirm whether the scattered locations of potential wetland seeps qualify as regulated waters. Where federal and state waters are affected by trails, bridge construction, and other modifications, authorizations would be required by the Corps, RWQCB, and CDFW in accordance with relevant regulations.
Given this project’s goal of achieving habitat restoration, it is likely that the overall project would be considered “self-mitigating” by the regulatory agencies as long as enhancements are accomplished using professional standards. Conditions of these authorizations would include use of best management practices to control disturbance and minimize the potential for indirect impacts to downstream receiving waters and would likely include a requirement to monitor disturbed areas and any restored habitat to ensure success.
Special-Status Species
Special-status species are plants and animals that are legally protected under the California and/or federal Endangered Species Acts2 or other regulations, as well as other species that are considered rare enough by the scientific community and trustee agencies to warrant special consideration, particularly with regard to protection of isolated populations, nesting or denning locations, communal roosts, and other essential habitat. Species with legal protection under the Endangered Species Acts often represent major constraints to development, particularly when they are wide-ranging or highly sensitive to habitat disturbance and where proposed development would result in a “take”3 of these species. 2 The federal Endangered Species Act (FESA) of 1973 declares that all federal departments and agencies shall use their authority to conserve endangered and threatened plant and animal species. The California Endangered Species Act (CESA) of 1984 parallels the policies of FESA and pertains to native California species.
3 "Take," as defined by FESA, means "to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect" a threatened or endangered species. "Harm" is further defined by the U.S. Fish and Wildlife H.2.a
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A record search conducted by the CNDDB, together with other relevant information, indicates that occurrences of several plant and animal species with special status have been recorded from or are suspected to occur in the Orinda vicinity. These include Diablo helianthella (Helianthella californica), Oregon meconella (Meconella oregano), bent-flowered fiddleneck (Amsinckia lunaris), fragrant fritillary (Fritillaria liliacea), most beautiful jewel-flower (Streptanthus albidus sub. peramoenus), slender-leaved pondweed (Potamogeton filiformis), western leatherwood (Dirca occidentalis), American badger (Taxidea taxus), Berkeley kangaroo rat (Dipodomys heermanni berkeleyensis), Bridges’ coast range shoulderband (Helminthoglypta nickliniana bridgesi), California red-legged frog (Rana aurora draytonii), foothill yellow-legged frog (Rana boylii), pallid bat (Antrozous pallidus), and Alameda whipsnake (Masticophis lateralis euryxanthus). Figure 4 shows the known occurrences of special-status plant species within about three miles of the project reach as reported by the CNDDB. Figure 5 shows the known occurrences of special-status animal species reported by the CNDDB and critical habitat for Alameda whipsnake designated by the U.S. Fish and Wildlife Service (USFWS) in the Orinda vicinity.
A habitat suitability analysis was conducted during the field reconnaissance surveys to determine whether suitable habitat for any special-status species occurs along the project reach, and to what degree their possible presence could pose a constraint to future restoration of the creek corridor. In general, the project reach does not provide essential habitat for most of the specialstatus species known or suspected from the Orinda vicinity. Given the extent of past disturbance and fact that the project reach is now surrounded by commercial development and the heavily used San Pablo Dam Road, special-status plant species are not suspected to be present and habitat conditions are unsuitable for most special-status animal species. These include the state and federally threatened Alameda whipsnake, the now presumed extinct Berkeley kangaroo rat, and most species considered to be California Species of Special Concern (SSC) by the CDFW, such as American badger and pallid bat. Designated critical habitat for Alameda whipsnake occurs just west of San Pablo Dam Road west of the site, but the extensive past disturbance and lack of scrub cover makes the occurrence of this species in the project reach highly unlikely. Chinook salmon (Oncorhynchus tshawytscha), steelhead (Oncorhynchus m. irideus), and other native fish species were historically known to migrate within the San Pablo Creek watershed, but San Pablo Dam and other major downstream barriers now prevent successful migration into the project reach.
Service to include the killing or harming of wildlife due to significant obstruction of essential behavior patterns (i.e., breeding, feeding, or sheltering) through significant habitat modification or degradation.
CDFW also considers the loss of listed species habitat as take, although this policy lacks statutory authority and case law support under CESA.
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Exceptions to this absence of suitable habitat for special-status animal species along the project reach include the observed presence of San Francisco dusky-footed woodrat and the remote potential for dispersal by California red-legged frog, foothill yellow-legged frog, and even western pond turtle (Actinemys marmorata) as individuals move along the San Pablo Creek corridor from reported occurrences in the watershed. Information on each of these species is summarized herein.
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4. Special-Status Plants
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5. Special-Status Animals and Critical Habitat
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Packet Pg. 146 Attachment: Draft San Pablo Creek Restoration & Trail Concept Memo (2894 : Draft San Pablo Creek San Francisco dusky-footed woodrat. The San Francisco dusky-footed woodrat is considered an SSC by the CDFW. It is a year-round resident in the San Francisco Bay Area, preferring scrub and wooded areas, and feeds primarily on nuts, fruits, fungi, foliage, and forbs. It typically builds large terrestrial stick nests that range from 2 to 5 feet in height and can be up to 8 feet in basal diameter. These nests are usually placed on the ground or against a log or tree and are often within dense brush. A number of characteristic stick nests of this species were observed in the dense thicket of non-native Himalayan blackberry along the east bank near the location of the proposed bridge crossing. Additional nests could be at other locations along the project reach where vegetation is impenetrable, or new nests could be established in the future as understory vegetation spreads and becomes more abundant. Any grading or other improvements required as part of future restoration efforts would have to avoid existing nests of this species or would require a detailed mitigation plan approved by CDFW if nest avoidance is infeasible.
California red-legged frog. California red-legged frog is listed as “threatened” by the USFWS and is considered an SSC by the CDFW. It typically occurs in lowlands, foothill woodlands, and grasslands, near marshes, lakes, ponds, or other water sources. It requires dense shrubby or emergent vegetation closely associated with deep, still, or slow-moving water for successful egg laying and protective cover.
As indicated in Figure 5, occurrences of this species have been reported by the CNDDB to the south of downtown Orinda in 1997 along Brookside Creek and downstream of the downtown area in 2007 from the Wagner Ranch Nature Area near Bear Creek Road. Suitable habitat along the project reach is of moderate to low habitat quality for dispersal and foraging, and the lack of emergent vegetation and deep pools make the potential for breeding and long-term occupation unlikely given the risk of predation by raccoons, birds, and other predators. However, there is a very remote possibility that individuals could disperse along San Pablo Creek and eventually enter the project reach. If an individual was to disperse just before or during construction or other habitat modifications, it could be inadvertently lost or injured unless adequate avoidance measures are taken. As a federally listed species, any modifications to the creek channel would require authorization from the Corps, which would likely trigger a consultation with the USFWS that would require confirmation that no adverse effects or appropriate avoidance and minimizations measures are undertaken to prevent inadvertent take.
Foothill yellow-legged frog. Foothill yellow-legged frog populations in the coastal area of San Mateo County are now listed as endangered under the California Endangered Species Act and is recognized as an SSC by CDFW. It is an aquatic species found in or near rocky streams in a variety of habitats. Foothill yellow-legged frogs hunt aquatic, terrestrial, and flying invertebrates, seeking refuge in between rocks or leaf litter at the bottom of stream or creek bed when threatened.
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between mid-March to May, depending on local conditions. The historic range of this species extends along the Coast Range from the Oregon border south to the Transverse Mountains in Los Angeles County, in most of northern California west of the Cascade crest, and along the western flank of the Sierra south to Kern County.
As indicated in Figure 5, a general occurrence of foothill yellow-legged frog extends over the Orinda vicinity based on reports from San Pablo Creek that extend back to 1913 through the 1950s. No recent records have been reported from the area over the past 60 or more years, and urbanizations and other factors may not preclude its presence in the area. Suitable habitat along some segments of the project reach are of moderate habitat quality for potential breeding and occupation by this species, but the limited aquatic cover and risk of predation by raccoons, birds, and other predators make permanent occupation unlikely. However, there is a very remote possibility that individuals could disperse along the San Pablo Creek and eventually reach the project reach if still present in the watershed. If an individual was to disperse just before or during construction or other habitat modifications, it could be inadvertently lost or injured unless adequate avoidance measures are taken. As a State-listed species, the CDFW may require additional systematic surveys to confirm presence or absence. If the project reach is considered occupied by this species, the CDFW may require that an Incidental Take Permit be secured in accordance with Section 2081 of the California Fish and Game Code where modifications to essential in-channel habitat are to be undertaken to ensure that appropriate avoidance and minimizations measures are implemented to prevent inadvertent take.
Western pond turtle. Western pond turtle is considered an SSC by CDFW. This species inhabits rivers, streams, natural and artificial ponds, lakes, marshes, and irrigation ditches with abundant vegetation and either rocky or muddy bottoms. Basking sites are necessary for western pond turtle and may include exposed logs, rocks, or banks. Adjacent terrestrial habitat is typically woodland, forest, or grassland with pliable soils for nesting and egg laying, winter refuge, and dispersal. Nest sites are most often characterized as having gentle slopes (less than 15 percent) with little vegetation or sandy banks. Suitable habitat for western pond turtle is generally absent through the project reach due to an absence of deep pools along the creek necessary as refugia to escape predators. The culverts at either end of the project reach, as well as the sheetpile weirs and vertical banks through the project reach present major challenges for dispersal by turtles, but individuals could be washed downstream during storm events and become isolated within the project reach. Any in-channel grading or other improvements required as part of future restoration efforts should confirm absence of pond turtles in the construction zone.
Raptors and other native birds. As noted previously, a number of special-status bird species also have varying potential for occasionally foraging in the riparian woodlands and mature plantings in the site vicinity, including white-tailed kite (Elanus leucurus), Cooper’s hawk (Accipter cooperi), H.2.a
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and sharp-shinned hawk (Accipiter striatus), as well as other more common raptors, such as redtailed hawk (Buteo jamaicensis), red-shouldered hawk (Buteo lineatus), and great horned owl (Bubo virginianus). Nests of raptors and other native bird species in active use are protected under the federal Migratory Bird Treaty Act, and raptor nests are further protected under Section 3503.5 of the California Fish and Game Code when in active use. No evidence of any large raptor nests was observed during the field reconnaissance surveys, but nests of smaller common species are likely present in the mature vegetation along the project reach, and new nests could be established in the future. Construction activities conducted as part of restoration could result in the inadvertent destruction or abandonment of a nest in active use unless preconstruction surveys and implementation of appropriate avoidance measures are taken.
Proposed Creek Restoration Plans
The November 2019 ConnectOrinda plan documented the community’s outspoken support for creek restoration and pedestrian access. In response, the City released a request for qualifications (RFQ) to find a consultant team to assess the feasibility of restoring this reach of San Pablo Creek as part of the Downtown Precise Plan (DPP). In late 2020, a team led by PlaceWorks was retained by the City to analyze restoration of San Pablo Creek and complete a review of a creek restoration concept developed in October 2019 by FlowWest for FOC (see FOC Concept 2019, Appendix D).
FOC Restoration Concept (2019)
This concept proposed a regrading of the creek channel to introduce meanders into the flow line and lay the banks back on the east side to accommodate a creekside trail. The limits of grading extended over property lines and into the parking lots of multiple businesses. Failing concrete in the channel would be removed, boulder cascades constructed, and the banks stabilized. The plan included a proposed trail with a bridge over the creek to a path on the west side that winds through a riparian restoration zone.
On-site investigation by the PlaceWorks team found the available topographic and survey information to be insufficient for accurate hydraulic modeling of the creek channel for flooding analysis. In the summer of 2021, the City expanded PlaceWorks’ scope to include a detailed topographic survey and the inclusion of property ownership into a detailed base map (Appendix C, Creek Easements). This information was used by Questa to model and evaluate the FOC Restoration Concept (2019).
FOC Phase 1 Concept (2021)
In 2021, FOC proposed a second, less extensive creek improvement project (Appendix E) for the County-owned portion of the channel (APN 265-170-041, Figure 6).
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Figure 6. County-owned parcel (Location of FOC Phase 1 Concept [2021]), Source CCMap Proposed Restoration Concept
PlaceWorks Concept (Spring 2022)
In 2022, the PlaceWorks team developed a concept for restoration of San Pablo Creek through the project area (Appendix F). This concept expands on the FOC Phase 1 Concept (2021) for the channel, as well as including public access improvements. It includes an Americans with Disabilities Act (ADA)-compliant and wheelchair-accessible trail on the upper east bank and a second path lower on the bank for creek access. A bridge connects the trail to a boardwalk along the western bank, below Camino Pablo Road. This concept includes localized grading along some segments of the east bank to decrease slopes for the trail, extending over property lines and into the parking lots of multiple businesses.
PlaceWorks Concept Spring 2022 proposes restoration features that are similar to the FOC Phase 1 Concept 2021 plan. Rock weirs are proposed to create step pools that facilitate fish movement, and the channel is kept relatively straight. Riparian restoration zones are included on the east H.2.a
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bank near Santa Maria Way and on the west bank near the Safeway culvert to further enhance the existing habitat along the creek. Restoration activities include removal of invasive exotic species and establishment of additional native tree, shrub, and groundcover species compatible with the riparian and upland conditions along the creek corridor. Generally, the channel maintains its original alignment and overall grade; however, the right bank is lowered so that it can facilitate a creek-side trail and enhanced floodplain connection. By keeping the channel alignment and providing channel cross-section expansion to impacts of channel bed improvements and enhanced vegetation offset any hydraulic impacts to the 100-year floodplain.
The current proposed concept results in no net rise in flooding and provides improved trail access, while limiting the extent of channel grading to reduce loss of parking and encroachment on private property. This concept is shown in Figure 7 and is described herein. This concept helps address issues identified in previous concepts, and includes modifications that help create a feasible plan for the City in addressing restoration of San Pablo Creek along the downtown creek corridor.
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Packet Pg. 151 Attachment: Draft San Pablo Creek Restoration & Trail Concept Memo (2894 : Draft San Pablo Creek Memo) Figure
7.0 PlaceWorks Concept Summer 2022
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Packet Pg. 152 Attachment: Draft San Pablo Creek Restoration & Trail Concept Memo (2894 : Draft San Pablo Creek Figure
7.1 PlaceWorks Concept Summer 2022 – Section looking South H.2.a
Packet Pg. 153 Attachment: Draft San Pablo Creek Restoration & Trail Concept Memo (2894 : Draft San Pablo Creek Creek Improvements
PlaceWorks’ proposed concept modifies and extends the FOC Phase 1 Concept (2021) rock weir approach south toward Santa Maria Way, maintaining the channel’s existing slope. It proposes creek bank and channel improvements, including removal of failing concrete and the placement of boulder weirs to stabilize the channel bed and create step pools that would facilitate fish movement. These elements are compatible with the hydraulic modeling scenario showing no net rise in flooding during major storms. Further geotechnical and stability investigations should be done to confirm the structural feasibility of modifying the concrete west bank.
Creekside Trail
In addition to the creek channel improvements, the concept proposes several public access improvements (see Figure 8). A creekside trail would run alongside the reach of the creek from Santa Maria Way to the culvert near the existing building at 31 Orinda Way, formalizing the existing informal footpath that has been established along much of the project reach. Stairs are proposed at both extremities to enter/exit the channel, as well as in two locations along the alignment. The creekside trail is proposed to be of stabilized decomposed granite and would vary between four and six feet in width, as needed, to protect existing trees. Stairs could be constructed of stone, concrete, or wood, with handrails where necessary. The boardwalk segment of the trail would require concrete piers, and would consist of a wooden support structure, a wood decking surface, and guardrails as needed. All trail segments would be constructed to be ADA accessible. This trail would provide formalized access to the creek and allow the public to enjoy this hidden gem of downtown Orinda, which is one of the key goals set forth in the ConnectOrinda plan. A future phase of the project could expand the trail network by installing a crosswalk across Camino Pablo at Santa Maria Way, connecting the San Pablo Creek trail to the de Laveaga trailhead and ultimately the Bay Ridge Trail.
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Figure 8. Views of Proposed Creekside Trail Location
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Optional Bridge and Boardwalk
An optional segment could include the addition of a clear span pedestrian bridge over the creek near the center of the reach, with a boardwalk along the western bank connecting south to Santa Maria Way. This would create a wheelchair-accessible segment that could be accessed from Santa Maria Way, or from the parking area near the proposed bridge. While several options for creating a pathway or boardwalk experience within the channel and closer to the creek were considered, the west bank has the benefit of less steep topography and greater bank channel stability due to existing revetment installed as part of past flood-control improvements. This would likely result in fewer impacts to resources as well as lower construction costs than a similar trail on the east bank. This option also allows for a loop trail experience rather than an “out-andback” segment. Further refinement of this optional trail segment would be necessary to minimize tree removal and ensure avoidance of nests of San Francisco dusky-footed woodrat observed along the east bank in the vicinity of the proposed crossing.
Seating and Furnishings
Carefully sited benches would create informal resting places along the corridor, providing access to the site’s natural character. Trash receptacles should also be located at key locations along the corridor to help ensure that litter is kept out of the creek channel and riparian areas. Site furnishing would be outside of the active channel.
Interpretive Signage
Interpretive signs would be in a few key locations along the corridor and would provide both wayfinding and interpretive information. Interpretive themes could include native riparian flora and fauna, and maps of the Orinda watershed, both current and historical. These may be developed through collaboration with City partners, including FOC.
Riparian Habitat Improvements
The project would include restoration of disturbed areas with native riparian and wetland vegetation, expanding on the work already undertaken by FOC. Plantings should include only native trees, shrubs, and groundcovers. These include the following:
Trees: Coast live oak (Quercus agrifolia), valley oak (Quercus lobata), white alder (Alnus rhombifolia), arroyo willow (Salix lasiolepis), red willow (Salix laevigata), Oregon ash (Fraxinus latifolia), Fremont cottonwood (Populus fremontii), California buckeye (Aesculus californica), big leaf maple (Acer macrophyllum), and California black walnut (Juglans hindsii).
Shrubs and groundcovers: Elderberry (Sambucus nigra), mountain mahogany (Cercocarpus betuloides), pink flowering current (Ribes sanguineum), coffeeberry (Frangula californica), creek H.2.a
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dogwood (Cornus sericea), Douglas iris (Iris douglasiana), monkey flower (Mimulus aurantiacus), and creeping wildrye (Leymus triticoides).
Additionally, the project should include ongoing removal and control of invasive exotic species, including, but not limited to, French broom (Genista monspessulana), cotoneaster (Cotoneaster pannosa), sweet fennel (Foeniculum vulgare), English ivy (Hedera helix), Cape ivy (Senecio mikanioides), Himalayan blackberry (Rubus armeniacus), eucalyptus (Eucalyptus spp.), wild plum (Prunus cerasiformis), and periwinkle (Vinca major).
Additional creek and habitat protection measures should include the following:
• Controls shall be used during construction to minimize disturbance to aquatic habitat, nesting birds, and known or possible presence of special-status species, as discussed previously. Construction controls shall include dewatering the construction reaches, preconstruction clearance surveys for nesting birds and special-status species, worker training and monitoring by a qualified biologist, and compliance with all conditions imposed by regulatory agencies.
Potential Funding Sources
• Funding Sources. The San Pablo Creek habitat and public access improvements may be eligible for several grants, including:
o Urban Streams Restoration Program. This program is funded by the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 (Proposition 68) and the Safe Drinking Water, Water Quality and Supply, Flood Control, River, and Coastal Protection Bond Act of 2006 (Proposition 84). Grants may fund community-supported creek and stream projects, including bank stabilization and revegetation, channel improvements, daylighting and natural flood-control projects, land purchase to allow for floodplain reconnection or flood control, and others.
https://www.grants.ca.gov/grants/urban-streams-restoration-program/ o CDFW Proposition 1 and Prop 68 Restoration Grants. Prop 1 authorizes $7.12 billion in general obligation bonds for a wide range of water-related projects, including grants for multi-benefit ecosystem and watershed protection and restoration projects. Prop 68 authorizes $4.1 billion for state and local parks, natural resources protection, climate adaptation, water quality, and flood protection. CDFW administers the Prop 1 and Prop 68 Restoration Grant programs, which can fund aquatic and riparian habitat and watershed improvement projects.
https://wildlife.ca.gov/Conservation/Watersheds/Prop-68 H.2.a
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https://wildlife.ca.gov/Conservation/Watersheds/Restoration-Grants o Urban Greening Grant Program. Revenues from California’s Cap and Trade program are used to fund Urban Greening Grants. These grants are awarded to green infrastructure projects that reduce greenhouse gas emissions and provide multiple benefits.
https://files.resources.ca.gov/grants/urban-greening/
o California Department of Parks and Recreation (State Parks) Grants. California State Parks offers many grants for local, state, and nonprofit use, administered by the Office of Grants and Local Services (OGALS). Projects eligible for these grants include nature interpretation programs to bring urban residents into park and wildlife areas, habitat protection, and development of wildlife corridors and trails.
https://www.parks.ca.gov/?page_id=29752
o Federal Land and Water Conservation Fund (LWCF). This fund can be used to reimburse development costs for outdoor recreation areas and facilities. The funds provide matching grants to cities and counties seeking funds covering up to 50 percent of project costs.
www.parks.ca.gov/default.asp?Page_id=21360
o Wildlife Conservation Board (WCB) Grants. WCB grants may fund projects in the following areas: enhancing biodiversity, climate change resiliency and connectivity, habitat improvements, riparian conservations, conserved or enhanced water-related projects, and/or enhanced public access. https://wcb.ca.gov/Grants
Implementation and Next Steps
The proposed creek restoration concept is anticipated to be included in the City’s DPP. Following approval of the DPP and the associated California Environmental Quality Act (CEQA) document, the following steps can be taken to help move toward implementation of the proposed creek improvements.
• Property Owner Consent / Easements. As part of further developing the proposed design concept, additional research into property ownership and easements would be necessary. Owners of private property that may be impacted by creek or trail improvements would need to be informed and consulted, with potential City facilitation, to provide input and work as a group toward future implementation. Current easements may allow for improvements, or new agreements may be needed to allow for access and construction activities on creek-adjacent parcels.
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• Design. Construction documents should be developed for the trail, creek channel improvements, and restoration plantings. Channel improvements, such as rock weirs and bank stabilization, should be refined to minimize tree removal or damage. As part of advancing the proposed concept and developing schematic design (35 percent), the City should continue to coordinate with the FOC.
• Community and City Council Design Presentation. Public engagement should be conducted to seek input from additional stakeholders and the community regarding design elements and details, including furnishings and materials. • Environmental Review and Permitting. Once a schematic design concept has been developed, it would be necessary to conduct a project-level environmental review for the creek improvement project under CEQA and seek necessary permits from natural resource agencies, including the RWQCB, Corps, and CDFW. • Construction Timing and Protocols. As part of permit applications and approvals, the project construction window would need to be identified. Construction protocols should include completing any required preconstruction surveys and follow City and natural resource agency permits and guidance for construction timing and resource protection.
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Packet Pg. 159 Attachment: Draft San Pablo Creek Restoration & Trail Concept Memo (2894 : Draft San Pablo Creek Memo) City Council
Staff Report
Agenda Item: H.3
Date: September 6, 2022
Department: Parks and Recreation
AGENDA TITLE: Discuss and Provide Direction Regarding Honoring Former Long-time Clay Instructor Anne Parr.
RECOMMENDATION:
Staff recommend the City Council review the Facilities Naming Policy and consider directing staff to proceed with honoring former long-time clay instructor Anne Parr by naming a facility space in her honor.
BACKGROUND: The City of Orinda has a policy allowing for naming of City facilities, parks, open space, and trails to remember shared history, to identify local natural resources and to honor individuals who have contributed significantly to the City of Orinda. Specifically, Section 2 stipulates:
Memorializing: Facilities, or portions thereof, may be dedicated in memory, or honor of, individuals who have contributed significantly to the City of Orinda and will be considered on a case-by-case basis for appropriate parks, open space, trails, and facilities.
At the August 16, 2012 City Council meeting, Councilmember Amy Worth, under Matters Initiated, requested that an agenda item come before the City Council to consider honoring Anne Parr, who served as a teacher and youth clay class instructor for multiple decades, with much of the service occurring at the Orinda Community Center. Ms. Parr, who is in her late 80’s and still lives in Orinda, devoted nearly fifty years serving the Orinda community teaching children’s clay programs and providing unforgettable experiences for hundreds of community youth.
DISCUSSION: During the renovation of the Orinda Community Center in the late 1990’s, it was decided that a portion of Room 10, which was designed to be an artspecific room, would be enclosed and outfitted with upgraded power and appropriate ventilation so as to accommodate a small pottery kiln. The modest but useful space was utilized almost exclusively by Anne right up until the start of the pandemic.
Multiple community and family members have inquired about the City’s plans to memorialize Ms. Parr and Parks and Recreation staff feel it would be appropriate for the Council to honor Anne for her contributions to the City of Orinda by naming this space The Anne J. Parr Clay and Kiln Room in her honor. Anne and each of her six daughters have graciously approved of the title and are all very appreciative of the gesture.
NEXT STEPS: If item is approved, next step would be to install the plaque.
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FISCAL IMPACT: Nominal; cost of a plaque.
ATTACHMENTS:
A. 3.17 Naming of City Facilities Policy Final 8.7.12
Respectfully Submitted by:
Todd Trimble
Director of Parks and Recreation
Prepared By: Todd Trimble, Director of Parks and Recreation Approved by:
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1 City of Orinda
Administrative Regulations
Naming or Memorializing of City Facilities, Parks, Open Space, and Trails PURPOSE: To specify the City’s objectives and procedures in the naming of public facilities, parks, open space and trails.
POLICY: It is the policy of the City of Orinda to name public lands and facilities using labels reasonably connected, by the public, with the location of the amenity, historical significance, and/or natural feature.
1. Naming: Naming is a way to remember shared history, to identify local natural resources and to honor individuals who have contributed significantly to the City of Orinda.
1.1.It is also a useful way to help park users interpret parkland resources and to orient themselves while visiting city-owned facilities. Examples of landmarks or points of interest where names may be derived include:
1.1.1. Adjacent Street name
1.1.2. Prominent physical or geographic feature
1.1.3. Natural features such as plant and animal life
1.1.4. Archaeological resources
1.1.5. Primary Use Activity
1.1.6. Historically significant feature, events, name, use or individual(s)
2. Memorializing: Facilities, or portions, thereof may be dedicated in memory, or honor of, individuals who have contributed significantly to the City of Orinda and will be considered on a case-by-case basis for appropriate parks, open space, trails, and facilities.
3. Name Proposals: Proposals for the naming, re-naming or memorializing of City facilities or resources shall come from the City Council. The City Council, at its discretion, may refer proposed names to the Parks and Recreation Commission, or other appropriate advisory body, for its recommendation prior to taking action on a proposal.
4. Re-naming: The name used may be changed in the future, if desired, based on a vote of the City Council.
A.R. Number: 3.17
Adopted Date: 8/7/12
Resolution #: 44-12
Amended Date:
Page: 1 of 2
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Packet Pg. 162 Attachment: 3.17 Naming of City Facilities Policy Final 8.7.12 (2887 : Honoring Anne Parr) 2 5. Plaques and Markers: Plaques and markers, in conjunction with naming, will be appropriately designed and placed in a manner serving the best interests of the community.
5.1.The City will make every effort to preserve any dedication plaque or other dedicated object. If necessary, due to repair of surrounding areas, construction or redesign of a facility, the plaque or dedication object may be relocated. If the plaque or other dedication object cannot continue to be reasonably maintained or after a period of ten years, it may be removed by the City.
6. Rejection of Request: The City reserves the right to reject any request for memorializing a City facility or property.
PROCEDURE:
1. Individuals, groups or organizations that want the City to approve a specific name for a City facility or property or in some way memorialize a contribution shall make their request directly to the City Council via the public forum provided at a scheduled City Council meeting.
2. The City Council may at its own discretion initiate a proposal to name a City facility or property.
3. The City Council shall consider the request and direct the City Manager to either include on the Council agenda for consideration or forward the proposal to the Parks and Recreation Commission, or appropriate advisory body, for recommendation prior to Council action.
4. The City Council shall review and approve or deny all proposals for naming or memorializing City facilities, parks, open space, and trails.
5. Naming will be finalized by City Council Resolution.
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Packet Pg. 163 Attachment: 3.17 Naming of City Facilities Policy Final 8.7.12 (2887 : Honoring Anne Parr)