22 ORINDA WAY, ORINDA, CA 94563
Communications Received from Public
NOVEMBER 1, 2022
CITY COUNCIL MEETING
ITEM H.1
Name Pages
Orinda Watch 1-6
Rusty Snow 7-11
Regina Almaguer 12
Susan O’Neil 13
Lauren Yazolino 14
Elizabeth Smith 15
Tish Gleason 16
Bernard Martin 17
Jeff Supran 18
Nick Waranoff 19-26
Owen Murphy 27
Barb Hagen 28
Decline to State 29
Hello Orinda Residents,
Executive summary:
On Tuesday, November 1, at 7:00PM the Orinda City Council (OCC) will meet to discuss a response letter to HCD (California Department of Housing and Community Development) regarding the Housing Element (HE) and the downtown plan.
Meeting Notice, here: http://orindaca.iqm2.com/Citizens/FileOpen.aspx? Type=1&ID=2141&Inline=True
The HE law requires that the City rezone sufficient land in Orinda to allow for an additional ~1,359 housing units. The City of Orinda is proposing, for the downtown area, allowing a maximum density of 1,618 units (see p.147 of the HE). The newly mandated HE is called the RHNA requirement. Orinda Staff is proposing that the rezoning NOT include the BART parking lots and only a lower amount of housing for the Caltrans 10 acres.
Orinda Watch (OW) thinks this would be bad for Orinda. Instead, we believe Orinda can avoid major problems by rezoning the downtown (as recommended below) and instead including the BART parking lots and increasing the housing units on the Caltrans 10-acre land. If you agree having 1,618+ units built in downtown, rather than at the BART parking lots and the Caltrans land would be harmful to Orinda, please email the OCC:
Please email support letters ASAP but no later than Tuesday, noon, 11/1/2022, to Sheri Smith and City Council members and Drummond Buckley (see email addresses below).
Also, please speak at 11/1 meeting.
When you write or speak, please say:
“As recommended by Orinda Watch: Please use the BART parking lots and increase housing units on the Caltrans 10 acres to satisfy the RHNA as needed. Rezone the downtown area in accordance with OW recommendations per OW letter to the City Council dated 10/29/2022
Email addresses to include: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
From: Orinda Watch
To: Sheri Smith
Subject: Stack & Pack Housing coming to Orinda-City Council meeting Nov 1, 2022-7:00PM, Zoom Date: Saturday, October 29, 2022 1:31:01 PM
CAUTION: This email is from an external source. Be careful when clicking links or opening attachments!
1 Detailed explanation:
OW, is sending the letter as shown below to the City Council members:
Dear Orinda City Council members:
1) Orinda Watch
This letter is being sent on behalf of Orinda Watch (OW) whose goals are:
a) Fighting for local control of planning and governance. b) In Orinda, work to maintain our small town and semi-rural environment 2) Orinda Plan-survey
Over the past few years, Orinda has developed the Orinda Plan which stated:
“What qualities do people like about the downtown” (top 3 items):
59.1% Small-town feel
56.7% Availability of parking
42.1% Not too crowded
OW believes the above indicates the majority of Orinda citizens do not support building 4 or more story, Stack and Pack, housing in the Downtown Precise Area (DPP).
3) What is occurring with the Housing Element:
a) The City is working on the 6th Cycle of the Housing Element where HCD is requiring the City to rezone for an additional 1,359 housing units. b) Staff submitted first proposal early 2022.
HCD rejected many sites
c) For Downtown Precise Plan (DDP) area, staff:
Removed 23 sites
Left 8 grouped areas
Greatly increased the 8 sites:
Units per acre (some 10 to 65)
Building heights (some 35’ to 55’)
With density bonus, etc. building heights could reach possibly 75’ or 6 stories. 4) AB 2011-
The State of California passed AB2011 in Sept 2022
a) What AB2011 does:
Rezones all Office, retail, parking lots (zoned for parking lots?) b) What do now?
Staff needs to analyze if the bill limits, or if the City can limit, the units per acre 2 and height limits in the DPP area. In either case, staff needs to determine how many housing units are created by AB2011 and apply those housing units against the total Housing Element requirement.
c) More information coming:
We believe Staff is going to provide more information regarding AB2011 at the November 1 meeting.
However, OW recommends that the City Council should not move forward with HCD until they know AB 2011 numbers!
5) Parking
The downtown plan creates zoning to allow maximum density of 1,618 housing units (see page 147 of the Housing Element). At 2.5 people per unit, this represents around 4,000 new residents. We believe it is naïve to assume, that the people that occupy these housing units, are not going to park vehicles.
Gavin Newsom signed a bill (AB 2097) that bars local governments from mandating parking spaces, as part of most development near transit stops.
With no parking supplied in the downtown, where are all these people going to park?
This no-parking proposal is not going to work!
6) Population risk
The Housing Element states that the maximum density for the housing in the downtown is 1,618 units or 4,000 new people in the downtown.
Does the City want this many more people in the downtown area? Additional over population risk
Another issue is what if the City rezones the downtown, and the housing development results in a 4,000 or more increase in population.
Then, what if BART proceeds to develop possibly 1,600 units on their parking lots, that results in another 4,000 plus increase in population.
The increase of 8,000 or more residents, in the Orinda downtown and Bart areas, would be DEVASTATING to Orinda.
OW strongly believes Orinda should add the BART parking lots to the needed RHNA requirement now and minimize rezoned units in the downtown area! There would be a HUGE RISK to Orinda, in not doing so!
Also, City must consider Impact of increased population on:
Schools
Traffic
Roads
7) Mixed use
3 It is understood that many of the housing units planned for the downtown area would be mixed use, meaning they would have living spaces above and retail activities on the ground floor.
Mixed use is a poor idea for several reasons:
a) The existing long-term tenants are evicted and likely will not return. (Note-Existing good tenants should be protected)
b) The new spaces may create too much supply and are more expensive and thus difficult to rent. Vacancies may result.
c) This was confirmed years ago by the real estate-retail expert John Cumbelich in his article: The Inconvenient Truth about Mixed Use in 2016. 8) Jamming, not planning
Orinda Watch understands that a number of Orinda citizens and staff have spent considerable time working on the DPP. The citizens wanted to see changes to the downtown to create better restaurants and retail, and areas to walk around and improved structures.
Orinda Watch believes the DPP was a planning process. However, the Housing Element appears to be a means by HCD for force cities to add massive amount of housing to the city whether it is appropriate or not.
The Housing Element is not a planning process, it is a process that attempts to jam housing units in our cities.
OW believes the City of Orinda needs to understand that HCD and their Housing Element are not looking out for the best interests of Orinda.
The Housing Element could force very damaging changes that the citizens do not want that will last for the very long term.
These proposed changes could destroy the small town, semi-rural environment, we cherish! It simple should not be done!
The City should understand their relationship with HCD and act in the best interests of the City. The City should enact policy to defend itself against the HCD mandates.
9) BART Parking Lots
OW understands that Caltrans owns the BART parking lots. Some citizens have said the City cannot include the Bart parking lots in RHNA because BART does not own the land. However, BART has recently indicated they may develop the BART parking lot in Orinda in the 2025–2030 time frame per their letter to the City dated March 7, 2022. Because BART is putting it in writing that they may develop the parking lots, the City must take it seriously and assume BART believes they can obtain the parking lots from Caltrans. 4 It is understood that Staff is checking with personnel at HCD to see if they will accept the Bart parking lots to satisfy the HCD requirement. However, if HCD denies the BART lots, OW believes staff should make a formal request to allow the rezoning of the BART parking lots.
10) Timing to complete the Housing Element-extend 60 to 90 days? At the October 10, 2022 meeting with the City Council subcommittee, I believe the consultant indicated the deadline to complete the Housing Element on January 31, 2023 may be extended for possibly 60 to 90 days. Please get verification of this from the consultant.
11) Recommendations
OW believes the City should do the following:
a) Downtown Precise Plan area
1. Keep all the building heights to maximum 35’
2. Keep the units per acre the lowest possible but in no event greater than 20 units per acre.
3. Analyze AB2011 (and SB6)
(Note-the entire housing element requirement may be absorbed into the DPP due to the implementation of AB2011)?
b) Short Housing units
If after making changes to the DPP area as shown above, it is determined that the City is short housing units to satisfy the Housing Element requirement, then place the shorted units on:
1. BART parking lots
2. The Caltrans 10-Gateway site
Sincerely
Orinda Watch
[email protected]
21 C Orinda Way #312, Orinda, Ca. 94563
Volunteers: Orinda Watch needs volunteers. If you would like to help, please go the Orinda Watch website and sign up-www.orindawatch.org.
Contributed by Rusty Snow
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6 ORINDA WATCH
October 29, 2022
Regarding: Housing Element-City Council meeting-November 1, 2022 Dear Orinda City Council members:
1) Orinda Watch
This letter is being sent on behalf of Orinda Watch (OW) whose goals are:
a) Fighting for local control of planning and governance. b) In Orinda, work to maintain our small town and semi-rural environment 2) Orinda Plan-survey
Over the past few years, Orinda has developed the Orinda Plan which stated:
“What qualities do people like about the downtown” (top 3 items):
59.1% Small-town feel
56.7% Availability of parking
42.1% Not too crowded
OW believes the above indicates the majority of Orinda citizens do not support building 4 or more story, Stack and Pack, housing in the Downtown Precise Area (DPP).
3) What is occurring with the Housing Element:
a) The City is working on the 6th Cycle of the Housing Element where HCD is requiring the City to rezone for an additional 1,359 housing units. b) Staff submitted first proposal early 2022.
HCD rejected many sites
c) For Downtown Precise Plan (DDP) area, staff:
Removed 23 sites
Left 8 grouped areas
Greatly increased the 8 sites:
Units per acre (some 10 to 65)
Building heights (some 35’ to 55’)
With density bonus, etc. building heights could reach possibly 75’ or 6 stories.
4) AB 2011-
The State of California passed AB2011 in Sept 2022
7 a) What AB2011 does:
Rezones all Office, retail, parking lots (zoned for parking lots?) b) What do now?
Staff needs to analyze if the bill limits, or if the City can limit, the units per acre and height limits in the DPP area. In either case, staff needs to determine how many housing units are created by AB2011 and apply those housing units against the total Housing Element requirement.
c) More information coming:
We believe Staff is going to provide more information regarding AB2011 at the November 1 meeting.
However, OW recommends that the City Council should not move forward with HCD until they know AB 2011 numbers!
5) Parking
The downtown plan creates zoning to allow maximum density of 1,618 housing units (see page 147 of the Housing Element). At 2.5 people per unit, this represents around 4,000 new residents. We believe it is naïve to assume, that the people that occupy these housing units, are not going to park vehicles.
Gavin Newsom signed a bill (AB 2097) that bars local governments from mandating parking spaces, as part of most development near transit stops.
With no parking supplied in the downtown, where are all these people going to park?
This no-parking proposal is not going to work!
6) Population risk
The Housing Element states that the maximum density for the housing in the downtown is 1,618 units or 4,000 new people in the downtown.
Does the City want this many more people in the downtown area? Additional over population risk
Another issue is what if the City rezones the downtown, and the housing development results in a 4,000 or more increase in population.
Then, what if BART proceeds to develop possibly 1,600 units on their parking lots, that results in another 4,000 plus increase in population.
The increase of 8,000 or more residents, in the Orinda downtown and Bart areas, would be DEVASTATING to Orinda.
8 OW strongly believes Orinda should add the BART parking lots to the needed RHNA requirement now and minimize rezoned units in the downtown area! There would be a HUGE RISK to Orinda, in not doing so!
Also, City must consider Impact of increased population on:
Schools
Traffic
Roads
7) Mixed use
It is understood that many of the housing units planned for the downtown area would be mixed use, meaning they would have living spaces above and retail activities on the ground floor.
Mixed use is a poor idea for several reasons:
a) The existing long-term tenants are evicted and likely will not return. (Note-Existing good tenants should be protected)
b) The new spaces may create too much supply and are more expensive and thus difficult to rent. Vacancies may result.
c) This was confirmed years ago by the real estate-retail expert John Cumbelich in his article: The Inconvenient Truth about Mixed Use in 2016. 8) Jamming, not planning
Orinda Watch understands that a number of Orinda citizens and staff have spent considerable time working on the DPP. The citizens wanted to see changes to the downtown to create better restaurants and retail, and areas to walk around and improved structures.
Orinda Watch believes the DPP was a planning process. However, the Housing Element appears to be a means by HCD for force cities to add massive amount of housing to the city whether it is appropriate or not.
The Housing Element is not a planning process, it is a process that attempts to jam housing units in our cities.
OW believes the City of Orinda needs to understand that HCD and their Housing Element are not looking out for the best interests of Orinda.
The Housing Element could force very damaging changes that the citizens do not want that will last for the very long term.
9 These proposed changes could destroy the small town, semi-rural environment, we cherish! It simple should not be done!
The City should understand their relationship with HCD and act in the best interests of the City. The City should enact policy to defend itself against the HCD mandates.
9) BART parking Lots
OW understands that Caltrans owns the BART parking lots. Some citizens have said the City cannot include the Bart parking lots in RHNA because BART does not own the land. However, BART has recently indicated they may develop the BART parking lot in Orinda in the 2025–2030 time frame per their letter to the City dated March 7, 2022. Because BART is putting it in writing that they may develop the parking lots, the City must take it seriously and assume BART believes they can obtain the parking lots from Caltrans.
It is understood that Staff is checking with personnel at HCD to see if they will accept the Bart parking lots to satisfy the HCD requirement. However, if HCD denies the BART lots, OW believes staff should make a formal request to allow the rezoning of the BART parking lots.
10) Timing to complete the Housing Element-extend 60 to 90 days? At the October 10, 2022 meeting with the City Council subcommittee, I believe the consultant indicated the deadline to complete the Housing Element on January 31, 2023 may be extended for possibly 60 to 90 days. Please get verification of this from the consultant.
11) Recommendations
OW believes the City should do the following:
a) Downtown Precise Plan area
1. Keep all the building heights to maximum 35’
2. Keep the units per acre the lowest possible but in no event greater than 20 units per acre.
3. Analyze AB2011 (and SB6)
(Note-the entire housing element requirement may be absorbed into the DPP due to the implementation of AB2011)?
b) Short Housing units
If after making changes to the DPP area as shown above, it is determined that the City is short housing units to satisfy the Housing Element requirement, then place the shorted units on:
1. BART parking lots
2. The Caltrans 10-Gateway site
10 Sincerely
Orinda Watch
[email protected]
21 C Orinda Way #312, Orinda, Ca. 94563
Volunteers: Orinda Watch needs volunteers. If you would like to help, please go the Orinda Watch website and sign up-www.orindawatch.org.
Contributed by Rusty Snow
11 From: Regina Almaguer
To: Dennis Fay; Inga Miller; Darlene Gee; Amy Worth; Nick Kosla; Drummond Buckley; Sheri Smith Subject: RHNA
Date: Saturday, October 29, 2022 2:45:40 PM
CAUTION: This email is from an external source. Be careful when clicking links or opening attachments!
As recommended by Orinda Watch: Please use the BART parking lots and increase housing units on the Caltrans 10 acres to satisfy the RHNA as needed. Rezone the downtown area in accordance with OW recommendations per OW letter to the City Council dated 10/29/2022. Additional housing in the downtown area will only lead to more congestion, traffic, crime and frustration. Please help Orinda keep its small town feel. 12 From: Susan O’Neil
To: Sheri Smith
Subject: Housing
Date: Saturday, October 29, 2022 3:47:09 PM
CAUTION: This email is from an external source. Be careful when clicking links or opening attachments! I think there is a lot of room at Wilder that could be rezoned for many additional housing units. Why are you afraid to use the available land?
Susan O’Neil
Sent from my iPhone
13 From: Lauren F. Yazolino
To: Dennis Fay; Inga Miller; Darlene Gee; Amy Worth; Nick Kosla; Drummond Buckley; Sheri Smith Subject: City of Orinda Re-zoning
Date: Saturday, October 29, 2022 6:15:38 PM
CAUTION: This email is from an external source. Be careful when clicking links or opening attachments!
I am angry and sick to my stomach that Orinda will be getting destroyed as a small, quiet, and upscale community! It is a tragedy of epic proportions! As such, and as recommended by Orinda Watch: Please use the BART parking lots and increase housing units on the Caltrans 10 acres to satisfy the RHNA as needed. Rezone the downtown area in accordance with OW recommendations per OW's letter to the City Council dated 10/29/2022.
If you love Orinda as I do, then do it the way OW recommends. That will be the least offensive and destructive solution that we can do given that our city's destruction is being crammed down our throats!
Lauren F. Yazolino
100 Meadow View Road
Orinda, CA
14 From: Elizabeth Smith
To: Dennis Fay; Inga Miller; Darlene Gee; Amy Worth; Nick Kosla; Drummond Buckley; Sheri Smith Subject: City of Orinda Re-zoning
Date: Saturday, October 29, 2022 6:24:31 PM
CAUTION: This email is from an external source. Be careful when clicking links or opening attachments!
I am angry and sick to my stomach that Orinda will be getting destroyed as a small, quiet, and upscale community! It is a tragedy of epic proportions! As such, and as recommended by Orinda Watch: Please use the BART parking lots and increase housing units on the Caltrans 10 acres to satisfy the RHNA as needed. Rezone the downtown area in accordance with OW recommendations per OW's letter to the City Council dated 10/29/2022.
If you love Orinda as I do, then do it the way OW recommends. That will be the least offensive and destructive solution that we can do given that our city's destruction is being crammed down our throats!
Elizabeth Smith-Yazolino
100 Meadow View Road
Orinda, CA
15 From: Tish Gleason
To: Dennis Fay; Inga Miller; Darlene Gee; Amy Worth; Nick Kosla; Drummond Buckley; Sheri Smith Subject: For the Nov 1 meeting
Date: Sunday, October 30, 2022 6:34:56 AM
CAUTION: This email is from an external source. Be careful when clicking links or opening attachments!
As recommended by Orinda Watch: Please use the BART parking lots and increase housing units on the Caltrans 10 acres to satisfy the RHNA as needed. Rezone the downtown area in accordance with OW recommendations per OW letter to the City Council dated 10/29/2022
16 From: Bernard Martin
To: Dennis Fay; Inga Miller; Darlene Gee; Amy Worth; Nick Kosla; Drummond Buckley; Sheri Smith Subject: Response letter to HCD regarding the HE and the downtown plan.
Date: Sunday, October 30, 2022 9:23:46 AM
CAUTION: This email is from an external source. Be careful when clicking links or opening attachments!
As recommended by Orinda Watch: Please use the BART parking lots and increase housing units on the Caltrans 10 acres to satisfy the RHNA as needed. Rezone the downtown area in accordance with OW recommendations per OW letter to the City Council dated 10/29/2022
Thanks
Julie Stiller and Bernard Martin
302 Overhill rd
Orinda
17 From: jeff supran
To: Dennis Fay; Inga Miller; Darlene Gee; Amy Worth; Nick Kosla; Drummond Buckley; Sheri Smith Date: Sunday, October 30, 2022 11:30:05 AM
CAUTION: This email is from an external source. Be careful when clicking links or opening attachments!
“As recommended by Orinda Watch: Please use the BART parking lots and increase housing units on the Caltrans 10 acres to satisfy the RHNA as needed. Rezone the downtown area in accordance with OW recommendations per OW letter to the City Council dated 10/29/2022
18 From: Nick Waranoff
To: Dennis Fay; Inga Miller; Amy Worth; Darlene Gee; Nick Kosla; Drummond Buckley; David Biggs; Winnie Mui; Sheri Smith
Subject: Agenda Nov. 1, 2022 Housing Element
Date: Monday, October 31, 2022 9:50:48 AM
CAUTION: This email is from an external source. Be careful when clicking links or opening attachments!
The Downtown Precise Plan aspect of the Housing Element needs to be reconsidered. Its genesis was to attract retail and restaurants, with a modicum of housing. The DPP was conceived before the new, very high RHNA for Orinda was set. Recent laws require re-thinking the DPP aspect of the HE.
Due to very recent laws (2022 laws effective Jan. 1, 2023), the city cannot require retail or commercial anywhere downtown. Regardless of zoning. Nor can city require any parking. AB 2011, SB 6, AB 2097. Retail isn’t profitable to build as a component of mixed use. Orinda isn’t a strong enough trade area to attract retail. The DPP is a zoning plan, but a city can no longer zone to require retail or commercial within one-half mile of BART, which covers all of downtown. Developers cannot be required to include retail any longer; the city cannot require it. Developers will build 100% residential. We have to stop chasing the retail ghost. It won’t happen.
We need to be realistic and minimize the damage to our city that the new laws may inflict. That means accepting the likelihood that we will not get new retail, and minimizing the impact that 100% new housing will have. To do that, we need to preserve the current 35 foot height limit, increase current density downtown to only 20 dwelling units per acre (and not more -- bearing in mind that density bonus law will lead to higher heights and denser density anyway) to comply with state housing laws, and maximizing development of the vacant 10 acre CalTrans parcel across from Wilder (serviced by a shuttle to downtown and BART).
Staff is proposing a density at CalTrans that is too low, which would force more development (higher buildings, greater density) downtown to meet our RHNA, which is not necessary or desirable.
My strategy will preserve the Village character downtown, prevent too much density from creating traffic and parking nightmares, interfering with emergency evacuation thru downtown, and satisfy our RHNA housing obligations.
I have addressed this in detail in my earlier submission to the council on the agenda under “public communications.”
Nick Waranoff
19 From: Nick Waranoff
To: Dennis Fay; Inga Miller; Amy Worth; Darlene Gee; Nick Kosla; Drummond Buckley; David Biggs; Winnie Mui; Sheri Smith
Subject: RE: Agenda Nov. 1, 2022 Housing Element - DON"T ADD BART TO THE HOUSING ELEMENT Date: Monday, October 31, 2022 1:22:38 PM
Attachments: BART TOD - Housing_element_letter_20220307_Final.pdf CAUTION: This email is from an external source. Be careful when clicking links or opening attachments!
The group Orinda Watch is asking you to include BART in the Housing Element. I disagree. Inclusion of BART presents two risks: a short-term risk and a mid-term risk.
The short-term risk is that the HE will not be compliant by Jan. 31, 2023. That would expose Orinda to the Builder’s Risk, which I described in an earlier submission in connection with this meeting. Here are two articles I previously cited:
Articles re Santa Monica (note: SoCalif issues are more complex. Their HE due date was earlier and a confusing bill, AB 197, applies) https://la.urbanize.city/post/builders-remedy-projects-could-bring-nearly-4000- homes-santa-monica
https://abundanthousingla.org/the-builders-remedy-comes-to-santa-monica/ Article re Redondo Beach
https://abundanthousingla.org/builders-remedy/
The mid-term risk is that by mid-cycle (Jan. 2027), no building permits will have been issued for housing on the BART site, exposing Orinda to project streamlining and ministerial approval under SB 35 if building permits have not been issued in numbers equal to half of RHNA for each income category .
See SB 35, Govt Code 65913.4(a)(4)(B).
https://codes.findlaw.com/ca/government-code/gov-sect-65913-4.html Those consequences are that basically all control over projects with minimal affordable housing is lost; they become subject only to ministerial review and streamlined processing. This is based on permits issued, not zoning.
BART’s March 7, 2022 letter (attached) indicates a plan to develop between 2025-2030. It is highly unlikely that any building permits will be issued by January 2027.
Although six months’ ago I supported inclusion of BART, it is now too late, and I previously under-estimated the risk.
Nick Waranoff
From: Nick Waranoff <[email protected]>
Sent: Monday, October 31, 2022 9:50 AM
To: 'Dennis Fay' <[email protected]>; '[email protected]' <[email protected]>; Amy Worth <[email protected]>; 'Darlene Gee' <[email protected]>; Nick Kosla <[email protected]>; 'Drummond Buckley' <[email protected]>; 'David Biggs' <[email protected]>; 'Winnie Mui' <[email protected]>; 'Sheri Smith' <[email protected]>
Subject: Agenda Nov. 1, 2022 Housing Element
The Downtown Precise Plan aspect of the Housing Element needs to be reconsidered. Its genesis was to attract retail and restaurants, with a modicum of housing. The DPP was conceived before the new, very high RHNA for Orinda was set. Recent laws require re-thinking the DPP aspect of the HE.
Due to very recent laws (2022 laws effective Jan. 1, 2023), the city cannot require retail or commercial anywhere downtown. Regardless of zoning. Nor can city require any parking. AB 2011, SB 6, AB 2097. Retail isn’t profitable to build as a component of mixed use. Orinda isn’t a strong enough trade area to attract retail. The DPP is a zoning plan, but a city can no longer zone to require retail or commercial within one-half mile of BART, which covers all of downtown. Developers cannot be required to include retail any longer; the city cannot require it. Developers will build 100% residential. We have to stop chasing the retail ghost. It won’t happen.
We need to be realistic and minimize the damage to our city that the new laws may inflict. That means accepting the likelihood that we will not get new retail, and minimizing the impact that 100% new housing will have. To do that, we need to preserve the current 35 foot height limit, increase current density downtown to only 20 dwelling units per acre (and not more -- bearing in mind that density bonus law will lead to higher heights and denser density anyway) to comply with state housing laws, and maximizing development of the vacant 10 acre CalTrans parcel across from Wilder (serviced by a shuttle to downtown and BART).
Staff is proposing a density at CalTrans that is too low, which would force more development (higher buildings, greater density) downtown to meet our RHNA, which is not necessary or desirable.
My strategy will preserve the Village character downtown, prevent too much density from creating traffic and parking nightmares, interfering with emergency evacuation thru downtown, and satisfy our RHNA housing obligations.
I have addressed this in detail in my earlier submission to the council on the agenda under “public communications.”
Nick Waranoff
March 7, 2022
Hello,
BART is aware that all Bay Area jurisdictions are actively working on updating their Housing Elements to meet their Regional Housing Needs Assessment (RHNA) numbers, as required by the State of California. As part of the process, local governments are required to prepare an inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment. As such, cities and counties with BART stations may be considering BART land in their inventories. Building on our recent conversations about the development potential and timing of implementing transit-oriented development (TOD) projects on BART land, we wanted to reach out and confirm your community’s goals with respect to development at the station(s) in your community.
BART acknowledges that public land, including ours, can play an important role in addressing the region’s housing crisis. However, given BART’s limited staffing resources and very limited funding sources for structured parking that is often required to open up BART’s land for development, it would be challenging for BART’s TOD program to support the development of all the land that might be included in various jurisdiction’s housing elements during the planning period of 2023-2031. Understanding that including our land in a housing element does provide a good opportunity to initiate housing development with the support of the community, we would like to ensure that local jurisdictions are prepared to partner with us on addressing the barriers that may exist at a particular station.
In an effort to support our local jurisdiction partners as they go through the process of updating their Housing Elements, we encourage you to review BART’s Transit-Oriented Development Program Work Plan ( TOD Work Plan, 2020) before considering BART’s land for your 2023-2031 Housing Element as it identifies BART’s prioritized sites for TOD implementation. The TOD Work Plan incorporated input from many local agency staff on preferred timing for project initiation and the types of projects they wanted to see in BART’s station areas.
The first step in creating the TOD Work Plan was to determine how BART was tracking towards meeting the TOD program performance targets that were adopted by BART’s Board of Directors in 2016. The next step was to prioritize station areas based on three criteria:
1. Market readiness for TOD
2. Local support for TOD
3. Infrastructure needs
SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
2150 Webster Street, P.O. Box 12688
Oakland, CA 94604-2688
(510) 464-6000
2022
Rebecca Saltzman
PRESIDENT
Janice Li
VICE PRESIDENT
Robert Powers
GENERAL MANAGER
DIRECTORS
Debora Allen
1ST DISTRICT
Mark Foley
2ND DISTRICT
Rebecca Saltzman
3RD DISTRICT
Robert Raburn, Ph.D.
4TH DISTRICT
John McPartland
5TH DISTRICT
Elizabeth Ames
6TH DISTRICT
Lateefah Simon
7TH DISTRICT
Janice Li
8TH DISTRICT
Bevan Dufty
9TH DISTRICT
www.bart.gov
Taking into consideration BART staff and resources, the final step was to categorize undeveloped station areas by the following timeframes for initiating development:
For station areas categorized as Near-term in BART’s TOD Work Plan, we support including the stations in your Housing Element, if that is your goal.
For station areas categorized as Mid-term in BART’s TOD Work Plan, we would like to have further discussions with you about the timing of development before it is included in Housing Element. BART will most likely not be able to initiate development at all the station areas in the Mid-term category within the 2023-2031 Housing Element planning period, so further discussions with you are necessary to better understand what would need to occur to realistically develop the site. We understand that there are new rules regarding how often a site can be included in a housing element and we want to ensure that we are coordinating on the timing of development to meet both BART’s goals and those of the local jurisdiction.
For station areas categorized as Long-term in BART’s TOD Work Plan, we do not intend to develop the station area within the current Housing Element planning period of 2023-2031. BART does not recommend including our station area in your Housing Element at this time. However, the TOD Work Plan will be updated on a regular basis, and we are happy to coordinate with you if the intention is to include this site in a future Housing Element. If you still plan to include our land in the current Housing Element cycle, please let us know so that we can have further conversations about what would need to happen to initiate development.
The timing of initiating development at a particular station area may be affected by many factors, including BART’s transit operational needs and funding availability to complete the project in a timely manner. Over the next several years, BART will consider availability of local funding to support development, especially affordable housing, as a key factor in advancing projects.
Additionally, BART will be seeking projects that can be rapidly delivered through seamless coordination with local jurisdiction staff as a key factor in advancing sites to development. One example will be cooperation on finding BART parking and access solutions that maximize development on highly desirable land near station entrances by minimizing the number of structured parking stalls. In this example, creative solutions could include options such as shared, on-street parking, and district parking as well as significant investment in access infrastructure and programs to reduce overall parking demand. In the event a high level of BART parking is necessary, outside funding sources will need to be identified.
Delivering TOD projects is complex and requires productive partnerships between BART and local jurisdictions and we look forward to working with you to realize our shared goal of increasing the amount of housing near transit.
Sincerely,
________________________________________
Val Joseph Menotti
Chief Planning and Development Officer
From: Owen Murphy
To: Sheri Smith
Cc: Nick Waranoff
Subject: Housing Element Item at Nov 1, 2022 OCC Mtg
Date: Monday, October 31, 2022 11:19:46 AM
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I wholeheartedly agree with and fully support Nick Waranoff's Oct 31, 2022 letter to the Orinda City Council on the Housing Element matter. This man should have been paid a consultant's fee by the city, for the tireless research and creative alternatives that he has presented, in the sole interest of Orinda's citizenry. How can you legitimately deny his logic and recommendations?! Please note that I am pleased to cede my 3 minutes of speaking time to Mr
Waranoff at this OCC meeting. Thank you.
Sincerely,
Owen Murphy
From: Decline2State
To: Sheri Smith
Subject: Public Comment Submission for the 11/1/2022 meeting Date: Wednesday, November 2, 2022 6:15:06 AM
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Ms. Smith, Thank you in advance for distributing this comment to the Council and for making it available to the Public in tonight's meeting and memorializing it into the formal record of the meeting.
Re: City Council Consideration of the Housing Element -- RHNA
1. In the last Cycle of the Housing Element, unlike Cities throughout California, this Council did not challenge, or even address, Orinda's assigned large RHNA numbers. (Amy Worth, are you going to let us down again?)
2. It would be a blow to good representation and against common sense, for this Council to not consider seriously the likelihood or inevitability, of housing on BART or CalTrans-owned land in Orinda.
3. By now, "staff" should have informed the Council and the Public of RHNA-related deadlines and extended deadlines.
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