Orinda City Council
March 18, 2025

MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THIS MEETING

IN PERSON, OR VIEW ON ZOOM OR YOUTUBE AS LISTED BELOW
https://www.youtube.com/@cityoforinda9535/streams
Zoom Webinar:
https://tinyurl.com/OrindaCityCouncil
Phone:669 444 9171
Webinar ID:
810 2271 2723
In Person:

Orinda Library Auditorium
26 Orinda Way
Orinda, CA 94563
(925) 351-6676

CITY COUNCIL
AGENDA
Tuesday, March 18, 2025
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 03.18.25
How to follow and/or participate in the meeting:

IN PERSON SPEAKER CARDS: If you would like to speak during the public forum or on an item listed on the agenda, you are invited to submit a speaker card to the City Clerk. You will be permitted to speak even if you elect not to submit a speaker card or decline to provide information requested on the card. After the City Council has heard from everyone who submitted speaker cards, anyone electing not to submit a speaker card may form a line at the lectern. Public comment is generally limited to 3 minutes per speaker per agenda item.

WRITTEN COMMENTS: You may also submit a public comment in advance of the meeting by following instructions below:

Deliver to City Hall at 22 Orinda Way or send an e-mail to [email protected] by 3pm on the day of the meeting. Those comments 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://tinyurl.com/Orinda-Public-Comment
REMOTE COMMENTS: Remote Public Comments have been discontinued for the foreseeable future.
7:00 PM - REGULAR SESSION
A. CALL TO ORDER / ROLL CALL
Councilmembers: Darlene Gee, Cara Hoxie, Janet Riley
Vice Mayor Brandyn Iverson, Mayor Latika Malkani
B. PLEDGE OF ALLEGIANCE
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Agenda Page 2 03.18.25
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. Minutes Approval
Recommendation:

Approve City Council Minutes:

1. March 4, 2025 Closed Session

2. March 4, 2025 Regular Meeting
F.2. Approve Traffic Order #235 Restricting Parking on Monte Vista Road Recommendation:

Adopt Resolution 09-25 Establishing Parking Regulations on Monte Vista Road, Traffic Order 235.

F.3. Accept Contract for the Camino Pablo Pathway, Los Amigos Court to Manzanita Drive, City Project No. 4076.

Recommendation:

Adopt Resolution No. 11-25 to Accept Contract with Cowan and Thompson Construction, Inc. for the Camino Pablo Pathway, Los Amigos Court to Manzanita Drive, City Project No. 4076.

F.4. Approving Parcel Map for Subdivision MS 2023-002 Urban Lot Split at 2 Moraga Via
Recommendation:

Adopt Resolution No. 12-25, Approving Parcel Map for Subdivision MS 2023-002 Urban Lot Split at 2 Moraga Via.

F.5. 2024 Local Hazard Mitigation Plan Adoption
Recommendation:

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Agenda Page 3 03.18.25
Adopt Resolution 10-25 Adopting the Local Hazard Mitigation Plan for the City of Orinda Annex Volume II of the Contra Costa County Hazard Mitigation Plan and direct Staff to file a Notice of Exemption.

F.6. Housing Element Annual Progress Report – 2024 Calendar Year Recommendation:

Review the Housing Element Annual Progress Report for Calendar Year 2024 and direct Staff to file the Report with the appropriate State agencies.

G. PUBLIC HEARING
G.1. Refunding Special Tax Bonds for the Orinda Wilder Community Facilities District by the California Statewide Communities Development Authority
Recommendation:

Adopt Resolution 15-25 Authorizing the California Statewide Communities Development Authority (CSCDA) to issue special tax revenue bonds to refund existing special tax bonds (Refunding Bonds) for the Orinda Wilder Community Facilities District (CFD) within the territory of the City of Orinda, and authorizing staff to cooperate with CSCDA, to execute and deliver such closing certificates, requisitions, agreements and related documents required to issue the Bonds, to refund the Prior Bonds, and to evidence compliance with the requirements of federal and state law.

H. POLICY MATTERS
H.1. Certify the Plan Orinda Revised Final Environmental Impact Report and Take Other Related Actions Pursuant to the California Environmental Quality Act (CEQA), and Address all the Remaining Requirements of the August 22, 2024 Writ of Mandate (Writ) Issued by the Contra Costa County Superior Court with Regard to the Housing Element Update, Safety Element Update, and Downtown Precise Plan
Recommendation:

1. Adopt City Council Resolution 13-25 with the following actions pursuant to CEQA:
a. Certify the Revised Final Environmental Impact Report for Plan Orinda (the “Project”);
b. Adopt Revised Findings under CEQA;
c. Adopt a Revised Statement of Overriding Considerations for the Housing Element Update and the Safety Element Update for those impacts that were found to be significant and unavoidable;
d. Adopt and incorporate all the mitigation measures for the Project; and
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Agenda Page 4 03.18.25
e. Adopt the Revised Mitigation Monitoring and Reporting Program for the Project.

2. Adopt City Council Resolution 14-25 addressing all the remaining requirements of the August 22, 2024, Writ of Mandate (“Writ”) issued by the Contra Costa County Superior Court with regard to the Housing Element Update, Safety Element Update, and Downtown Precise Plan.

The proposed resolution includes Staff’s recommendation that the Council:
a. Consider whether to pursue revisions to the 2023-2031 (6th Cycle) Housing Element Update or Safety Element Update
and opt not to do so, and
b. Opt to pursue potential revisions prior to any re-adoption of the DPP and direct staff that any DPP revisions should
comply with State housing laws and also reflect wildfire evacuation concerns.
c. Direct the City Attorney to file with the Court a Final Return to the Writ specifying the actions taken to comply with its terms.

H.2. Discussion of Crossing Guard Services
Recommendation:

Provide direction on utilizing crossing guards services. If directed to proceed, authorize the City Manager to enter into agreements for crossing guard services, as well as with Orinda Union School District to reimburse the City for a portion of the expenditures.

I. COUNCILMEMBERS' REPORTS
J. CITY MANAGER'S REPORT
K. MATTERS INITIATED
L. CLOSED SESSION

1. OPEN SESSION IDENTIFICATION of Closed Session Matters

2. PUBLIC COMMENTS of Closed Session Matters

3. CLOSED SESSION

4. REPORT OUT OF CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION. Pursuant to Government Code Section 54956.9(d)(1), conference with Legal Counsel regarding existing litigation: ORINDANS FOR SAFE EMERGENCY EVACUATION v. City of Orinda, Contra Costa County Superior Court Case No.

N23-0579.

M. ADJOURNMENT
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Agenda Page 5 03.18.25
The next meeting of the Orinda City Council will be held on Monday, April 07, 2025 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
~ Notices ~
There is a 90-day limit for the filing of a challenge in Court to certain City decisions that 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 file a challenge in Court, you may be limited by California law, including but not limited to Government Code §65009, to those issues raised in connection with 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. For information on the next City Council meeting, please call 925.253.4221 or visit the website at www.cityoforinda.org. Unless otherwise noted, City Council actions include a determination that the California Environmental Quality Act (CEQA) does not apply. ~ 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.

City Council
Staff Report
Agenda Item: F.1
Date: March 18, 2025
Department: City Clerk
AGENDA TITLE: Minutes Approval
RECOMMENDATION:

Approve City Council Minutes:

1. March 4, 2025 Closed Session

2. March 4, 2025 Regular Meeting
BACKGROUND:

The following City Council Minutes are attached for review and adoption.

1. March 4, 2025 Closed Session

2. March 4, 2025 Regular Meeting
ATTACHMENTS:

A. City Council Closed Session Minutes of March 4, 2025 B. City Council Minutes of March 4, 2025
Respectfully Submitted by:

Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
Approved by:

F.1
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March 4, 2025

CITY OF ORINDA

CITY COUNCIL CLOSED SESSION MINUTES
6:00 PM - SPECIAL MEETING
A. CALL TO ORDER/ ROLL CALL
Mayor Malkani called the meeting to order and noted that all Councilmembers were present except Councilmember Riley who had an excused absence.

B. OPEN SESSION IDENTIFICATION OF CLOSED SESSION MATTERS The Closed Session Matters were identified.

C. PUBLIC COMMENTS REGARDING CLOSED SESSION MATTERS
Juliet Don said she was commenting as a Chevron employee, was available to answer any Council questions, and that Chevron looked forward to continued discussions with the City.

D. CLOSED SESSION
a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Pursuant to Government Code Section 54956.8, conference with Real Property Negotiators. Property: the approximately 10,218 square foot rear-most portion of the parcel at 11 Orinda Way in Orinda, California. Agency negotiators: Linda Smith (City Manager) and Osa Wolff (City Attorney).

Negotiating parties: City of Orinda and Chevron U.S.A. Inc., the current owner. Under negotiation: Price and terms of possible future City acquisition of the property, pursuant to an Irrevocable Offer of Dedication and along with associated easements.
b. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION.

Pursuant to Government Code Section 54956.9(d)(1), conference with Legal Counsel regarding existing litigation: ORINDANS FOR SAFE EMERGENCY EVACUATION v. City of Orinda, Contra Costa County Superior Court Case No. N23-0579.

E. OPEN SESSION REPORT REGARDING CLOSED SESSION
There was no reportable action.

F. ADJOURNMENT
The meeting adjourned at approximately 7:00 PM
_______________________
Sheri Marie Smith, City Clerk
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Attachment: City Council Closed Session Minutes of March 4, 2025 (3560 : Minutes Approval) Orinda City Council Minutes Page 1 of 12 03.04.25
MARCH 4, 2025

CITY OF ORINDA

CITY COUNCIL MINUTES
Note: Written communications received from the public prior to the start of this meeting can be viewed on the City’s website meeting calendar. They are also kept in the City Clerk’s Office as part of the public record and available upon request ([email protected]). 7:00 P.M. – REGULAR MEETING– ORINDA LIBRARY AUDITORIUM
A. CALL TO ORDER / ROLL CALL:

Mayor Malkani called the Regular Meeting to order at approximately 7:00 p.m.

COUNCILMEMBERS PRESENT: Darlene Gee, Cara Hoxie
Vice Mayor Brandyn Iverson, Mayor Latika Malkani
COUNCILMEMBERS ABSENT: Janet Riley
B. PLEDGE OF ALLEGIANCE – Led by Mayor Malkani
C. ADOPTION OF AGENDA
MOTION by Councilmember Gee, and seconded by Vice Mayor Iverson, to adopt the agenda. A unanimous vote carried out the motion (4-0-1; Riley absent).

D. ITEMS FOR THE GOOD OF THE CITY
D.1. Proclamation Recognizing March, 2025 as Red Cross Month in the City of Orinda
Mayor Malkani opened the Public Forum.

Nick Waranoff referred to his letter regarding his request that the Council delete all references to international activities of the Red Cross in the proclamation. He asked that the Proclamation be edited to remove those references.

In response to a question by Mayor Malkani, City Attorney Wolff indicated that the Proclamation had been issued by the Mayor and not on the agenda as an action item by the Council.

Mayor Malkani presented the proclamation stating that the item was to focus on the American Red Cross and the excellent work being done in Contra Costa County and in the State of California responding to disaster preparedness. She thanked Diana Graham, Red Cross volunteer, and read parts of the proclamation.

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Attachment: City Council Minutes of March 4, 2025 (3560 : Minutes Approval) Orinda City Council Minutes Page 2 of 12 03.04.25
Diana Graham, Red Cross, thanked the Mayor and provided comments on the Red Cross’s response to the 94 disasters in the County, the recovery program, and donations for those affected.

D.2. Recognize and Thank Outgoing Commission/Committee Members:

Willy Mautner, Planning Commission; Arran Shultz, Parks and Recreation Commission; Marianne Moser, Parks and Recreation Commission; Paula Reinman, Supplemental Sales Tax Oversight Commission; and Jorge Escober, Finance Advisory Committee Mayor Malkani and Councilmembers recognized the volunteer efforts of outgoing Commission/Committee members and presented certificates of appreciation to Willy Mautner, Planning Commissioner; Arran Shultz and Marianne Moser, Parks and Recreation Commissioners, Paula Reinman, Supplemental Sales Tax Oversight Commissioner, and Jorge Escober, Finance Advisory Committee member.

Individual Councilmembers recognized specific volunteers. Outgoing members then provided brief comments to the City Council.

Mayor Malkani opened the Public Forum, and there were no speakers.

D.3. Update on Cal Fire Maps - MOFD Fire Chief Jeff Isaacs MOFD Fire Chief Jeff Isaacs gave a presentation on the Cal Fire Maps and said the Governor ordered the Office of the State Fire Marshal to release the Fire Hazard Severity Zone maps. He said that the Board of Forestry was ordered to start working on Zone Zero and to have this out no later than December 31, 2025. More information will follow on Zone Zero.

He then displayed and described the 2007 and 2009 Cal Fire maps that designated areas of very high fire severity zones within MOFD’s jurisdiction. In 2020, MOFD took the 2007 and 2009 maps and created a Wildland Urban Interface Fire Area for the purpose of ember-resistant, non-combustible building construction found in the Building Code.

Regarding next steps, he is presenting the maps to the MOFD Board and State law requires that within 30 days, MODF put the maps on a website and notice the public. He encouraged residents to visit the website and click on the link to make comments. His plan is to bring this back to the MOFD Board in April for adoption of the new 2025 Fire Hazard Severity Zone Maps.

Councilmember Gee asked about the timeline for the MOFD Board to move forward with Zone Zero after the Board of Forestry makes their regulations. Chief Isaacs said he was unsure, noting MOFD has 120 days to adopt the map. The Office of the State Fire Marshal just adopted a Wildland Urban Interface Code, which is new so MOFD must first review the code and determine whether it addresses Zone Zero.

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Attachment: City Council Minutes of March 4, 2025 (3560 : Minutes Approval) Orinda City Council Minutes Page 3 of 12 03.04.25
Councilmember Hoxie asked if there is a process for questioning the maps. Chief Isaacs said MOFD can ask for clarification by Cal Fire. MOFD did this with the State Responsibility Area Maps for areas within MOFD’s jurisdiction, but their questions were not answered.

Councilmember Gee said they know insurance companies use their own information and asked if the new maps would affect insurance reviews for risk. Chief Isaacs said he was unsure but assumes the new very high fire areas will be reviewed.

Councilmember Hoxie asked and confirmed with Chief Isaacs that MOFD does not receive information and does not know the basis on which so many acres has been increased in the very high fire zone areas.

Mayor Malkani and Vice Mayor Iverson both questioned if more will be known about what goes into creating these maps, particularly knowing the area west of Moraga Way was included and other areas not included as to their significance. Chief Isaacs said at some point, he hopes Cal Fire will release that data. He described where the information came from originally and triggers for different levels of severity, which will affect building construction and other areas.

Mayor Malkani opened the Public Forum.

Nick Waranoff urged the Council to think first before asking why any particular segment in Orinda was reduced from a very high fire severity zone to something less. He then questioned how the maps online show four phases throughout the State.

Mark Evans, Moraga-Orinda Firewise Network, disagreed with Mr. Waranoff’s comments and thinks people should follow science regardless of whether there are changes to maps.

Chief Isaacs commented that the “very high” areas expanded and areas that changed were areas previously identified in the draft maps as “high.” The rollout process created four phases of their maps, where Phase 1 was Northern California, Phase 2 was the Bay Area, and he was not sure about Phases 3 and 4.

Mayor Malkani encouraged residents to provide public comments via MOFD’s website and she and Councilmembers thanked Fire Chief Isaacs for his presentation.

D.4. Update on Contra Costa Animal Control Services - Animal Services Director Ben Winkleblack
City Manager Smith introduced Animal Services Director Ben Winkleblack and indicated that he would give a presentation.

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Attachment: City Council Minutes of March 4, 2025 (3560 : Minutes Approval) Orinda City Council Minutes Page 4 of 12 03.04.25
Mr. Winkleblack gave a PowerPoint presentation and update on the Contra Costa Animal Control Services, provided a summary of their department; FY 24/25 field activities in Orinda; challenges identified with field, shelter, and community services; a visual outline of their kennel; approaches to their challenges with shelter operations, field services, and medical services; licensing and administration goals; outreach services; use of Measure X funds; fiscal year-to-date comparisons; active permits by City; and increased services to come.

Councilmembers posed questions regarding monetary resources as the reason for great progress, COVID, which drove animal intakes to lows, increased costs for medical, euthanasia rates, and potential capital projects planned.

Director Winkleblack spoke of his 20-year experience with municipal agencies, their approach to be ready to respond and be prepared to whatever occurs, humane options relating to euthanasia rates for cats, their lofty goals with dog rates, rescue partnerships and resources, and described their facility as a 20-year-old functioning facility with a few HVAC and plumbing projects, but no other capital projects planned.

Mayor Malkani opened the Public Forum, and there were no speakers.

Mayor Malkani and Councilmembers thanked Director Winkleblack, commended the agency for specific data and the PowerPoint presentation, and echoed the work to create partnerships with rescue partner agencies.

E. PUBLIC FORUM
Evan Dreyer spoke about criminal activity in the Knickerbocker neighborhood and a break-in to his residence last year. He asked that the City assume the contracts for the LPR Cameras that 30 families are currently paying for. He noted that they are fully funded through July 2026. He said the cameras would cover 200 households in the Knickerbocker area.

City Manager Smith commented that she would like Council direction on whether to work on gathering information in response to the request.

Vice Mayor Iverson asked and confirmed this matter could be a Matters Initiated for just this request regarding the Knickerbocker area.

MOTION by Vice Mayor Iverson, and seconded by Mayor Malkani, to schedule a Matters Initiated in the future for the City Council to review and consider this LPR Camera request in the Knickerbocker area. Said motion carried by unanimously (4-0-1; Riley absent.)
Councilmember Gee recognized the specific motion and asked the City Manager to work with the Police Chief to provide an update on the need for additional LPR cameras.

F. CONSENT CALENDAR
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Attachment: City Council Minutes of March 4, 2025 (3560 : Minutes Approval) Orinda City Council Minutes Page 5 of 12 03.04.25
Councilmember Hoxie asked to remove Item F.5 due to her need to abstain from the matter due to the location of her residence.

Mayor Malkani asked and confirmed there were no other requests for removal of items and no public comments.

F.1. Minutes Approval
Recommendation:

Approve City Council Minutes:

1. February 8, 2025 Regular Meeting

2. February 18, 2025 Closed Session

3. February 18, 2025 Regular Meeting
F.2. Establishing the Rate per Equivalent Runoff Unit (ERU) for Fiscal Year 2025-26 and Requesting the Contra Costa County Flood Control and Water Conservation District to Adopt an Annual Parcel Assessment for Drainage Maintenance and the National Pollutant Discharge Elimination System (NPDES) Program
Recommendation:

Adopt Resolution No. 05-25 Establishing the Rate per Equivalent Runoff Unit (ERU) for Fiscal Year 2025/2026 and Requesting the Contra Costa County Flood Control and Water Conservation District to Adopt an Annual Parcel Assessment for Drainage Maintenance and the National Pollutant Discharge Elimination System (NPDES) Program.

F.3. Acceptance of the North Lane Storm Drain Lining Project Recommendation:

Adopt Resolution No. 08-25, Acceptance of Work for the North Lane 48” Storm Drain Lining Project, CIP No. 5015 with A3 Pipeline and Authorize the City Clerk to sign and file the Notice of Completion with the Contra Costa County Clerk-Recorder.

F.4. Certification of County Measure J Growth Management Program Compliance Checklist for Calendar Years 2022 and 2023
Recommendation:

Adopt Resolution No. 07-25 Directing the Mayor of the City of Orinda to Certify the Contra Costa Transportation Authority Growth Management Program Compliance Checklist for 2022 and 2023.

F.6. Amendment to Agreement with Cingular Wireless for Cellular Telecommunications Site at Orinda Oaks Park and Open Space Recommendation:

Approve the Second Amendment to Option and Lease Agreement with New Cingular Wireless PCS, LLC for a cellular telecommunications site, located at Orinda Oaks Park and Open Space.

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Attachment: City Council Minutes of March 4, 2025 (3560 : Minutes Approval) Orinda City Council Minutes Page 6 of 12 03.04.25
MOTION by Councilmember Hoxie, and seconded by Councilmember Gee, to approve Consent Calendar Items F.1.1, F.1.2, F.1.3, F.2, F.3, F.4, and F.6. Said motion carried by unanimous (4-0-1; Riley absent) roll call vote.

Item Removed from the Consent Calendar:

F.5. Temporary Full Road Closure of Portions of Camino Sobrante and La Noria for EBMUD Pipeline Replacement Project
Recommendation:

Adopt Resolution 06-25 (Traffic Order #234) Authorizing the Full Closure of Portion of Camino Sobrante between Las Aromas and La Espiral, and Portion of La Noria between Camino Sobrante and Vida Descansada.

MOTION by Councilmember Gee, and seconded by Vice Mayor Iverson, to approve Consent Calendar Items F.5. Said motion carried by (3-0-1-1) roll call vote; Hoxie abstained; Riley absent.

G. PUBLIC HEARINGS – None.

H. POLICY MATTERS
H.1. Supplemental Sales Tax Oversight Commission (SSTOC) Annual Report
Recommendation:

Receive and accept the SSTOC Annual Report ending June 30, 2024 and provide direction, if needed.

City Manager Smith introduced SSTOC Commissioner Jud Hammon and indicated that he would give the presentation.

Mr. Hammon gave a PowerPoint presentation on the SSTOC’s Annual Report, reviewed the financial report revenues, expenditures, expenditures per projects and programs, projections for funding, ending fund balances and projections in coming years, oversight of Measure L funds, road and storm drain work, the fire fuels reduction incentive program, reduction of fuels on various properties, the chipper program, development of the Orinda Fire Safe Savvy Plant Guide, work to support grant efforts through the Town of Moraga and Orinda Fire Safe Council, a May 29th talk with the Insurance Commissioner’s Deputy, emergency warning participation by 18,000 Nixle accounts, support of the Contra Costa County Local Hazard Mitigation Plan and a Lamorinda drill, a Shake-Out Emergency Operations drill, the annual Wildfire Prevention and Safety Fair, and other events such as the National Night Out event.

Commissioner Hammon spoke of the Commission’s work to provide outreach to Orinda residents, continuation of similar revenues in coming years, and the need to continue to work on reducing wildfire risk in the City.

Vice Mayor Iverson referred to storm drain statistics, the cost of $40 million for the entirety of them to be upgraded and questioned what will be done.

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Attachment: City Council Minutes of March 4, 2025 (3560 : Minutes Approval) Orinda City Council Minutes Page 7 of 12 03.04.25
Commissioner Hammon said the estimated remaining storm drain work is approximately $20 million. Many pipes are 20 years old with a lifespan of 30 years.

Councilmember Gee referred to page 139 of the packet and questioned what the Commission notes as the Tukman Geospatial mapping which EBRPD is using and asked if this is being used by MOFD or the City.

James Duff, Education and Outreach Coordinator, said the Tukman Geospatial maps are also referred to as the Pacific Veg. Map and one being done with Contra Costa and Alameda Counties together, as well as with the Fire District’s GIS mapping efforts. It is funded primarily by Cal Fire’s grant to EBRPD. They are modeling different vegetation communities, and using that to create more detailed fire maps to be able to use in models in many places.

Councilmember Gee asked if the reference is what is being done on EBRPD land or extending further. Mr. Duff explained they asked Orindans to ground-truth some areas, and one specifically was the San Pablo Creek riparian area up to the gas station, and considering it a different tree community of pines and eucalyptus.

Councilmember Gee referred to the proposal by Dr. Radke, which does not sound dissimilar to this, and she asked for any differences or similarities. Commissioner Hammon stated there are many similarities but it is not identical. He did not think there was an expectation to identify individual plants and their closeness to homes. It is broader in scope and it will cover the entire State when done.

Mr. Duff added that the goal is to cover the entire State and at the moment they have most of the Bay Area, except for Solano County. They have also done Napa, Marin, and areas of the North Bay. Contra Costa has been completed but they have not yet published it. He was not sure if the information will assist with the City identifying additional vegetation removal and said he would follow up.

Mayor Malkani asked and confirmed with Mr. Duff that this could return to the 2x2 committee as a future update.

Councilmember Gee asked if the SSTOC is looking at any further ideas regarding the wildfire issues. Commissioner Hammon said there are several things they need to seriously consider. One is to get a better understanding of why it is that so many households have not removed fuels that need to be removed. They have discussed a questionnaire to obtain better information, as the SSTOC is spending at least $1 million a year on wildfire risk reduction. They would like spend more, but they need to figure out how to do it efficiently and effectively and determine what residents know and do not know, where they get their information, and why fuels have not been removed.

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Attachment: City Council Minutes of March 4, 2025 (3560 : Minutes Approval) Orinda City Council Minutes Page 8 of 12 03.04.25
He noted that the Moraga-Orinda Fire Safe Council non-profit has a grant of $100,000 and another grant is being prepared to submit so it could be that other grants could apply to private property. Personally, he believes that if the City invests in removing fuels on private properties it is in the public good.

Councilmember Hoxie suggested increasing the $1,000 limit to encourage more homeowners to take more aggressive steps in fuel mitigation on their properties. She voiced concerns with the lack of progress with utilities and other agencies located in between Orinda and more rural areas.

Commissioner Hammon agreed and said possibly they could go through their legislators to exert some pressure and said they have brought in EBMUD to talk about fire fuels around the San Pablo Dam Reservoir which seemed to get some attention.

Vice Mayor Iverson asked for Commissioner Hammon’s thoughts about the current role and the ideal role between the SSTOC and the Fire District. Commissioner Hammon said he was not sure what they could do differently, but they need to get Orinda homeowners more aware of the need to reduce fuels, possibly through a survey or questionnaire.

Mayor Malkani cited the citations issued and lack of knowledge of available funds, and confirmed with Commissioner Hammon that a survey is likely needed, a re-review of evacuation routes, locations of all trees and plants, and an update by the new Fire Chief.

Councilmember Hoxie asked if there is any ability to use irrigation to stop wildfire progression.

Rachelle Latimer, SSTOC Commissioner, said in certain areas such as Lake Tahoe the Fire District specifically went around and ensured people specifically did not leave water on because it was draining resources from the Fire Departments being able to utilize fire hydrants. Some ski areas did turn on snow making equipment that helped saved some areas, but for the most part, the recommendation is not to do that so they are looking at how to improve this.

Mayor Malkani opened the Public Forum.

Mark Evans cited the importance to reduce fuels on private properties, said Firewise leaders walk around all neighborhoods to coordinate getting work done, and noted there are now 12 new Firewise neighborhoods. He thinks getting people to work together as a community one neighborhood at a time is the answer.

Mayor Malkani and Councilmembers voiced appreciation to the SSTOC for their comprehensive presentation, as well as Mr. Evans. They recognized private property issues, the need to continue working with property owners, non-profits, schools, Firewise, and other agencies to the extent resources allow, and to consider a survey be done.

H.2. Contract with NCE (Nichols Consulting Engineers) for GIS Field Survey and Mapping of Private and Public Storm Drains
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Attachment: City Council Minutes of March 4, 2025 (3560 : Minutes Approval) Orinda City Council Minutes Page 9 of 12 03.04.25
Recommendation:

Approve a Contract with NCE (Nichols Consulting Engineers) for GIS Field Survey and Mapping of Private and Public Storm Drains; authorize up to 25% contingency ($99,500); and approve Budget Change Form #010-25.

Public Works Director Scott Christie gave the staff report and overview of the request for the Council to consider and approve a contract with NCE for a GIS field survey and mapping of private and public storm drains through a recommendation from the Infrastructure Subcommittee. The work will more accurately assess the location and diameter of pipes of the public and private system. He then described staff’s work to review private consulting firms through an RFP process, receipt of proposals, and process in arriving at their recommendation.

Mayor Malkani thanked staff for their extensive negotiations and work with the Infrastructure Subcommittee.

Councilmember Hoxie asked and confirmed that the work is primarily mapping the private and public storm drains, as well as assessing the size of the pipes and determine the condition from the ends.

Vice Mayor Iverson confirmed that better accuracy will be obtained on the public side which will show where there are gaps, problems in the system on the private side, and whether pipes connect to a private system pipe.

Councilmember Gee likened the work as a critical exercise for the City and the second largest issue after wildfire risk, and Mayor Malkani agreed and said the mapping will give the City some information about the quality of the pipes and water flow.

Mr. Christie then described the lack of mapping for the private system, lines that do not have any data associated with them, and confirmed that the contract work will provide the location, length and size of the pipe, material, photos of the inlet and outlet side of the pipe, and a public benefit.

Mayor Malkani opened the Public Forum, and there were no speakers.

MOTION by Vice Mayor Iverson, and seconded by Councilmember Hoxie, to approve a Contract with NCE (Nichols Consulting Engineers) for GIS Field Survey and Mapping of Private and Public Storm Drains; authorize up to 25% contingency ($99,500); and approve Budget Change Form #010-25. Said motion carried by unanimously (4-0-1; Riley absent.)

EXTEND MEETING
MOTION by Mayor Malkani, and seconded by Councilmember Gee, to extend the Council meeting until 10:15 p.m. Said motion carried by unanimously (4-0-1; Riley absent.)
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Attachment: City Council Minutes of March 4, 2025 (3560 : Minutes Approval) Orinda City Council Minutes Page 10 of 12 03.04.25
H.3. Discussion Regarding Rental Waivers of City Facilities and CoSponsorship of Events Recommendation:

Receive the report and provide feedback
Parks and Recreation Director Todd Trimble waived the PowerPoint presentation due to the late hour and gave a brief oral report on how the City deals with the matter currently regarding non-profit organizations, and he was available for questions.

Mayor Malkani opened the Public Forum, and there were no speakers. Written comment was received from Nick Waranoff.

Mayor Malkani and Councilmembers commented that the percentages in the staff report from non-profit use were helpful, were impressed with how low the rates are, that the City is not profiting on the backs of their school non-profits, and that the City is doing this as bare bones as possible. All Councilmembers agreed not to change the current system and recommended staying the course.
.

H.4. Mid-Year Financial Report (2nd Qtr FY 2024-25)
Recommendation:

Receive the Mid-Year Financial report and provide feedback.

Assistant City Manager Doug Alessio waived his PowerPoint presentation given the time and provided a brief mid-year financial report for FY 2024/25. The report focuses on two funds which make up a majority of the City’s 70% of discretionary spending in the General Fund and Measure R. He then reviewed Attachments A through D, fund balances, similarities from previous years, one slowdown trend in Development Services, and similar expense trends. The Council workshop will be held this weekend and staff will be developing a plan for the next two years and will return again for review in May and for adoption in June.

Mayor Malkani opened the Public Forum, and there were no speakers.

Mayor Malkani and Councilmembers thanked Mr. Alessio for the ease in understanding the budget report.

I. COUNCILMEMBER REPORTS – Councilmember Hoxie reported on work with Councilmember Rile on the Ad-Hoc Committee for the City’s 40th anniversary.

Councilmember Gee reported on the Infrastructure Committee, noting main topics discussed were the draft report for the private roads assessment, the contract for the GIS mapping, and potential questionnaire for residents. The City Manager will return with more information, and she cited healthy participation at meetings.

Mayor Malkani cited the importance of reviewing the Road Report and thanked the City Engineer and Public Works Director for the work on the Committee.

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Attachment: City Council Minutes of March 4, 2025 (3560 : Minutes Approval) Orinda City Council Minutes Page 11 of 12 03.04.25
Vice Mayor Iverson asked and confirmed that the City Clerk will add her name to the Infrastructure Subcommittee link to receive reports.

Mayor Malkani reported on the 2x2 Committee where they discussed funding concerns, impacts of the new maps, and insurance.

Vice Mayor Iverson commented on her need for talking points on evolution of the insurance issues. Councilmember Gee stated she attended the on-going Bay Area Council subcommittee and today meetings were taking place in Sacramento with Michael Martinez, Chief Deputy to Ricardo Lara. She agreed to distribute information and added that Rachel Zinner from Senator Grayson’s office joined the Bay Area Council subcommittee, as well.

Mayor Malkani said Assemblywoman Rebecca Bauer-Kahan is trying to advocate for Orinda to get more funding and commented on the amount of destruction caused in the Palisades fire, which affects funding for under-served communities.

She hoped Orinda could get matching grants.

Vice Mayor Iverson reported on the 2x2 Committee meeting and attended TSAC as the liaison, which included a traffic safety theme week. Discussion focused on kids driving to high school, other than Moraga Way, because it is so congested.

Councilmember Hoxie added that parents came to express their concerns and requested the City share the cost for crossing guards with the school district.

EXTEND MEETING
MOTION by Councilmember Gee, and seconded by Mayor Malkani, to extend the Council meeting to 10:20 p.m. Said motion carried by unanimous (4-0) roll call vote.

Mayor Malkani opened the Public Forum.

Mark Evans from the Moraga-Orinda Firewise Network observed that Orinda is viewed as an affluent area, so it does not perform well in securing grants. However, they focus on assisting those in need, such as the elderly. Once identified, they maintain a list, and Firewise and the Fire Safe Council will work to support the most needy residents.

J. CITY MANAGER'S REPORT – City Manager had no report.

K. MATTERS INITIATED – None.

L. ADJOURNMENT
Mayor Malkani adjourned the meeting to Closed Session at 10:20 p.m.

M. CLOSED SESSION

1. OPEN SESSION IDENTIFICATION of Closed Session Matters

2. PUBLIC COMMENTS of Closed Session Matters – None

3. CLOSED SESSION
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Attachment: City Council Minutes of March 4, 2025 (3560 : Minutes Approval) Orinda City Council Minutes Page 12 of 12 03.04.25

4. REPORT OUT OF CLOSED SESSION
a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Pursuant to Government Code Section 54956.8, conference with Real Property Negotiators. Property: approximately 10,218 square foot rear-most portion of the parcel at 11 Orinda Way in Orinda, California. Agency negotiators: Linda Smith (City Manager), and Osa Wolff (City Attorney). Negotiating parties: City of Orinda and Chevron U.S.A. Inc., the current owner. Under negotiation: Price and terms of possible future City acquisition of the property, pursuant to an Irrevocable Offer of Dedication and along with associated easements.
b. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION. Pursuant to Government Code Section 54956.9(d)(1), conference with Legal Counsel regarding existing litigation: ORINDANS FOR SAFE EMERGENCY EVACUATION v. City of Orinda, Contra Costa County Superior Court Case No. N23-0579.

The Regular Meeting was adjourned at approximately 11 p.m. to the next Special City Council Meeting on Saturday, March 08, 2025, at 9:00 a.m. ______________________________________
Sheri Marie Smith, City Clerk
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Attachment: City Council Minutes of March 4, 2025 (3560 : Minutes Approval) City Council
Staff Report
Agenda Item: F.2
Date: March 18, 2025
Department:

Public Works and
Engineering Services
AGENDA TITLE: Approve Traffic Order #235 Restricting Parking on Monte Vista Road RECOMMENDATION:

Adopt Resolution 09-25 Establishing Parking Regulations on Monte Vista Road, Traffic Order 235.

BACKGROUND:

The Public Works Department has received requests from residents for new parking restrictions on Monte Vista Road due to safety concerns. Engineering staff hired AMG, a Traffic Engineering Consultant, who conducted a field review of sight distance.

DISCUSSION:

AMG identified two zones that warranted parking restrictions on Monte Vista Road, as reported in Attachment B. At the first location, the curve next to 18 Monte Vista Road, it is recommended to restrict parking at any time due to the road geometry and to avoid any sight-distance issues and potential vehicle conflicts. To denote the no parking any time restriction, signage will be installed at this location. At the second location, between 19 and 15 Monte Vista Road, it is recommended to paint the curb red to denote no parking any time to avoid any sight distance issues and to avoid potential conflicts between vehicles.

Monte Vista Road (Resolution 09-25, Traffic Order #235):

No parking alongside curve at 18 Monte Vista Road and red curb between 15 and 19 Monte Vista Road.

Residents in the vicinity of the potential parking restrictions were mailed a notification (Attachment C) and invited to comment on the issue.

NEXT STEPS:

In accordance with Section 10.44.030(A), the City Manager will establish these parking restrictions and Public Works staff will install the appropriate signs and curb paint for enforcement. Upon approval of the Resolutions/Traffic Orders, these parking restrictions will be permanently installed and included in the Public Works Department’s Traffic Order log.

FISCAL IMPACT:

The cost for installing signage and curb painting is not considered material and sufficient resources are already included in the Public Works annual operating budget for sign maintenance.

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ATTACHMENTS:

A. Resolution 09-25 Establishing Parking Regulations on Monte Vista Road, Traffic Order 235
B. Notification Letter
C. Monte Vista Road - Parking Analysis
D. Communications from Public - Monte Vista Road
Respectfully Submitted by:

Scott Christie
Public Works Director
Prepared By: Kevin McCourt, Assistant Engineer
Approved by:

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BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of:

Establishing Parking Regulations on
Monte Vista Road, Traffic Order 235
)
) Resolution No. 09-25
Traffic Order No. 235
WHEREAS, California Vehicle Code Section 22507 authorizes a local agency to establish parking regulations on streets and roads under their jurisdiction; and WHEREAS, Orinda Municipal Code Section 10.04.020(P) authorizes traffic orders to establish parking regulations on street or highways; and WHEREAS, Orinda Municipal Code Section 10.04.040 requires the adoption of a resolution for a traffic order to become effective; and WHEREAS, the cardinal directions in this resolution are based on a convention which considers Highway 24 an east-west roadway, and Camino Pablo/Moraga Way as northsouth roadways. Monte Vista Road is an east-west roadway; and NOW THEREFORE BE IT RESOLVED that the City Council of the City of Orinda does hereby adopt and approve the following parameters and traffic orders for Monte Vista Road:

Parking shall be prohibited at all times along the northern side of Monte Vista Road beginning from the eastern property line of 18 Monte Vista Road extending westerly to the eastern edge of the driveway of 18 Monte Vista Road.

Parking shall be prohibited at all times along the southern side of Monte Vista Road beginning from the eastern edge of the driveway of 19 Monte Vista Road extending easterly to the western edge of the driveway of 15 Monte Vista Road.

Adopted by the City Council of the City of Orinda at a regular meeting on March 18, 2025 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Latika Malkani, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
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Attachment: Resolution 09-25 Establishing Parking Regulations on Monte Vista Road, Traffic Order 235 (3542 : Monte Vista Parking City of Orinda ⚫ 22 Orinda Way ⚫Orinda ⚫ California ⚫ 94563 General Information Administration Planning Parks & Recreation Police Public Works (925) 253-4200 (ph) (925) 253-4220 (ph) (925) 253-4210 (ph) (925) 254-2445 (ph) (925) 254-6820 (ph) (925) 253-4231 (ph) (925) 254-9158 (fax) (925) 254-2068 (fax) (925) 253-7719 (fax) (925) 253-7716 (fax) (925) 254-9158 (fax) (925) 253-7699 (fax) City of Orinda
No Parking Zone
Monte Vista Road
A No Parking Zone on a portion of Monte Vista Road request was submitted by residents of the Monte Vista Neighborhood. A City hired Traffic Engineering consultant conducted a parking study that resulted in a recommendation to prohibit parking in two sections of Monte Vista Road (See below) due to sight distance issues and potential vehicle conflicts.

Staff is notifying nearby residents which follows past practice established by the Orinda City Council.

Please feel free to contact Kevin McCourt at 925.253.4251 or [email protected] with questions or to submit your input for consideration by the City Council. The City Council would welcome your input on this discussion item. The City Council will be considering the No Parking Zone at its public meeting stated below:

CITY COUNCIL MEETING
Tuesday, March 18, 2025 at 7:00 PM
Library Auditorium
26 Orinda Way
The City Council Meeting information will be available 3 days prior to the meeting on the City of Orinda website at:
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Attachment: Notification Letter (3542 : Monte Vista Parking Restrictions) Advanced Mobility Group | 3003 Oak Rd, Suite 100, Walnut Creek, CA 94597 www.amobility.com
To: Kevin McCourt, Assistant Engineer
Public Works & Engineering Department
From: Joy Bhattacharya, PE &
Andrea Flores, EIT
Address: 22 Orinda Way
Orinda, California 94563
Email: [email protected] Date: February 12, 2025 Subject: Monte Vista Road Red Curb Study
Introduction
This brief technical memorandum summarizes the results of the Monte Vista Red Curb Study prepared by AMG for Monte Vista Road between 12 Monte Vista Road and the intersection of Monte Vista Road and Marston Road. Exhibit 1 below shows the study area.

The purpose of this study is to evaluate existing sight distance on Monte Vista Road. Given the nature of the roadway, there are concerns that on-street parking causes sight distance issues at various locations throughout the study segment. There are also concerns with maneuverability at the intersection of Monte Vista Road and Marston Road.

Exhibit 1: Study Area
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Attachment: Monte Vista Road - Parking Analysis (3542 : Monte Vista Parking Restrictions) Advanced Mobility Group | 3003 Oak Rd, Suite 100, Walnut Creek, CA 94597 www.amobility.com
Field Review
AMG conducted field observation of the roadway segment to evaluate potential sight distance issues.

Exhibit 2 below shows the existing conditions at the review area. Currently, there are several “No Parking or Stopping on Red Flag Days” signs throughout the study area. There are also two traffic mirrors installed on the fence and the mailbox in front of 9 Monte Vista Road facing the westbound (uphill) direction along the curve.

Exhibit 2: Field Observations
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Attachment: Monte Vista Road - Parking Analysis (3542 : Monte Vista Parking Restrictions) Advanced Mobility Group | 3003 Oak Rd, Suite 100, Walnut Creek, CA 94597 www.amobility.com
Red Curb Analysis and Recommendations
After the field work evaluation for sight distance issues was completed, AMG recommends red curb be installed at two locations along Monte Vista Road.

Location #1: Curve along Monte Vista Road
The curve along Monte Vista is one of the locations where sight distance issues occur. If vehicles are parked along the right-hand side of the curve, vehicles driving eastbound (downhill) cannot see oncoming vehicles driving eastbound (downhill). Additionally, roadway width around the curve is 17 feet, making it difficult for any driver to maneuver around the curb if there is a parked vehicle. To avoid any sight distance issues and potential conflicts between vehicles, AMG recommends 90 feet of red curb along the right-hand side of the curb on Monte Vista Road as shown in Exhibit 3.

Exhibit 3: Recommended Red Curb at Location #1
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Attachment: Monte Vista Road - Parking Analysis (3542 : Monte Vista Parking Restrictions) Advanced Mobility Group | 3003 Oak Rd, Suite 100, Walnut Creek, CA 94597 www.amobility.com
Location #2: 15 & 19 Monte Vista Road
Due to the nature of the curve along Monte Vista Road, if any vehicles are parked on the curb between 15 and 19 Monte Vista Road, vehicles that are driving westbound (uphill) cannot see oncoming vehicles driving eastbound (downhill). To avoid any sight distance issues and potential conflicts between vehicles, AMG recommends 45 feet of red curb between 15 and 19 Monte Vista Road as shown in Exhibit 4.

Exhibit 4: Recommended Red Curb at Location #2
Conclusion and Recommendations
The following points are the results and recommendations of the Field Work Evaluation:
• 90 feet red curb alongside right-hand side of curb near 18 Monte Vista Road. • 45 feet of red curb alongside curve between 15 and 19 Monte Vista Road.

Additionally, to avoid any confusion between the red curbs and the existing “No Parking or Stopping on Red Flag Days” signs, the City should remove the signs. Although it is not necessary, the City could replace the “No Parking or Stopping on Red Flag Days” signs with “No Parking at any Time” signs.

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Attachment: Monte Vista Road - Parking Analysis (3542 : Monte Vista Parking Restrictions) F.2.d
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Attachment: Communications from Public - Monte Vista Road (3542 : Monte Vista Parking Restrictions) F.2.d
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Attachment: Communications from Public - Monte Vista Road (3542 : Monte Vista Parking Restrictions) F.2.d
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Attachment: Communications from Public - Monte Vista Road (3542 : Monte Vista Parking Restrictions) F.2.d
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Attachment: Communications from Public - Monte Vista Road (3542 : Monte Vista Parking Restrictions) F.2.d
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Attachment: Communications from Public - Monte Vista Road (3542 : Monte Vista Parking Restrictions) F.2.d
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Attachment: Communications from Public - Monte Vista Road (3542 : Monte Vista Parking Restrictions) F.2.d
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Attachment: Communications from Public - Monte Vista Road (3542 : Monte Vista Parking Restrictions) F.2.d
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Attachment: Communications from Public - Monte Vista Road (3542 : Monte Vista Parking Restrictions) F.2.d
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Attachment: Communications from Public - Monte Vista Road (3542 : Monte Vista Parking Restrictions) F.2.d
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Attachment: Communications from Public - Monte Vista Road (3542 : Monte Vista Parking Restrictions) F.2.d
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Attachment: Communications from Public - Monte Vista Road (3542 : Monte Vista Parking Restrictions) F.2.d
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Attachment: Communications from Public - Monte Vista Road (3542 : Monte Vista Parking Restrictions) F.2.d
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Attachment: Communications from Public - Monte Vista Road (3542 : Monte Vista Parking Restrictions) City Council
Staff Report
Agenda Item: F.3
Date: March 18, 2025
Department:

Public Works and
Engineering Services
AGENDA TITLE: Accept Contract for the Camino Pablo Pathway, Los Amigos Court to Manzanita Drive, City Project No. 4076.

RECOMMENDATION:

Adopt Resolution No. 11-25 to Accept Contract with Cowan and Thompson Construction, Inc. for the Camino Pablo Pathway, Los Amigos Court to Manzanita Drive, City Project No. 4076.

BACKGROUND:

The Camino Pablo pathway is a popular pedestrian and bicycle path that runs from Orinda Way to Wagner Ranch Elementary School. The pathway needed reconstruction, so the City developed two capital improvement projects: 1) the subject project No. 4076, which covers the segment from Manzanita Dr. to Los Amigos Ct. (by Orinda Sports Field); 2) and project No. 3066, which covers the balance of the pathway. Staff pursued grants for both projects over the last several years and successfully obtained a TDA (Transportation Development Act) grant in the amount of $120,000 to cover the construction cost of a portion of the pathway rehabilitation.

On November 4, 2024, the City Council awarded a construction contract to Cowan and Thompson Construction, Inc., of Martinez, California for the bid amount of $ $79,111.04 for performance of said project. The City Council also authorized expenditure to allow change orders up to 20% of the original contract amount, for a total construction budget of $95,000. Cowan and Thompson commenced work on December 2, 2024.

DISCUSSION:

During the preconstruction stage of the work, discussions were held with the contractor to extend the project limits beyond the bid basis for the following reasons: (1) the pathway sections beyond the project limit were in very poor condition and needed urgent repairs (2) bid prices in the contract were favorable and (3) to ensure the entire grant amount was fully utilized. As a result, Change Order #1 was negotiated with the contractor for an amount of $40,889, and was approved by the City Council at their December 3, 2024, meeting. The City Council also authorized a budget increase of $20,000 from Fund 205, Transportation Impact Fees. The nominal amended contract value, before contingency, was $120,000. This change added approximately 2,700 square feet of rehabilitated pathway, consisting of 240 lineal feet south of Manzanita Dr., and 125 lineal feet north of Los Amigos.

The project was completed within the required number of working days, considering 12 days of rain delays and holiday adjacent days. No liquidated damages were assessed F.3
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to the Contractor upon substantial completion of the project, which occurred on January 28, 2025. The final contract value was $121,154.83.

To issue the payment of the final retention to the contractor and close out the contract, it is presented for acceptance by the City Council.

NEXT STEPS:

Upon City Council approval, the City Engineer will sign the Notice of Completion, and the City Clerk will record it with Contra Costa County Clerk-Recorder’s office. Retention (5% of the contract value) will be released in accordance with the contract documents and the Public Contract Code.

FISCAL IMPACT:

Design work for this project amounted to $33,000. Total project cost is approximately $154,000 and is within the amended budget of $175,000. Unused funds will be returned to Fund 205.

ATTACHMENTS:

A. Resolution 11-25 to Accept Contract with Cowan and Thompson Construction, Inc. for the Camino Pablo Pathway, Los Amigos Court to Manzanita Drive, City Project No. 4076
B. Project Map
C. Notice of Completion CIP 4076
Respectfully Submitted by:

Scott Christie
Public Works Director
Prepared By: Ryan Okane, Senior Engineer
Approved by:

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BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of:

Accept Contract with Cowan and
Thompson Construction, Inc. for
the Camino Pablo Pathway, Los
Amigos Court to Manzanita Drive,
City Project No. 4076
)
) Resolution No. 11-25
)
)
)
)
)
)
WHEREAS, Cowan and Thompson Construction, Inc., has completed the work in accordance with the construction contract documents for the Camino Pablo Pathway, Los Amigos Court to Manzanita Drive, City Project No. 4076; and WHEREAS, the Director of Public Works has recommended that the work be accepted as complete.

NOW THEREFORE BE IT RESOLVED that the work accomplished by Cowan and Thompson Construction, Inc., under the terms and conditions of the abovereferenced construction contract documents is hereby accepted on March 18, 2025.

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Latika Malkani, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
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Attachment: Resolution 11-25 to Accept Contract with Cowan and Thompson Construction, Inc. for the Camino Pablo Pathway, Los Amigos U
ntitledMap
Writeadescriptionforyourmap. L
egend
OrindaSportsField
300ft
N➤

REMOVE AC PATHWAY
6" CL2 AB
3" HMA

CURRENT

PROJECT LIMITS
125 LF
240 LF
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Attachment: Project Map (3551 : Accept Work on the Camino Pablo Pathway Los Amigos Court to Manzanita Drive, City Project No. 4076)

RECORDING REQUESTED BY AND
WHEN RECORDED, RETURN TO:

City Clerk/Public Works Dept.

City of Orinda
22 Orinda Way
Orinda, CA 94563

NO FEE DOCUMENT
(Government Code section 27383)
TITLE:

Notice of Completion for
Camino Pablo Pathway Los Amigos Court to Manzanita Drive, City Project No. 4076 (Contractor: Cowan and Thompson Construction, Inc.)
NOTICE IS HEREBY GIVEN by the undersigned, those certain improvements, to wit:

Camino Pablo Pathway Los Amigos Court to Manzanita Drive, City Project No: 4076 Project location: The Camino Pablo Pathway reconstruction starts approximately 240 LF south of Manzanita Drive to approximately 770 LF north of Manzanita Drive as well as a 125 LF section of pathway adjacent to the Orinda Sports Field, in the City of Orinda, Contra Costa County, California.

Property Owner: Interest in Property or Right of Way is owned by City of Orinda (a municipal corporation, 22 Orinda Way, Orinda CA 94563) as right-of-way.

The contract which has heretofore been let to Cowan and Thompson Construction, Inc. and which contract was filed for record in the City Clerk’s office in the City of Orinda, Contra Costa County, California, was actually completed in accordance with the plans and specifications, and the work was completed and accepted by the City of Orinda, on 3/18/2025.

Information pertaining to the estimate of cost, names of bidders with prices bid, changes in adopted and approved plans and specifications, and the total cost of work is on file at the City Clerks’ office of the City of Orinda.

CITY OF ORINDA,
a municipal corporation
Date: ________________ By: ____________________________________ Sivakumar Natarajan, City Engineer,
R.C.E. #74789
City of Orinda
22 Orinda Way
Orinda, CA 94563
I hereby certify, under penalty of perjury, that the above Notice of Completion was duly accepted by the City Council of the City of Orinda at a regular meeting thereof held on 3/18/2025. ______________________________
Sheri Smith, City Clerk
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Attachment: Notice of Completion CIP 4076 (3551 : Accept Work on the Camino Pablo Pathway Los Amigos Court to Manzanita Drive, City City Council
Staff Report
Agenda Item: F.4
Date: March 18, 2025
Department:

Public Works and
Engineering Services
AGENDA TITLE: Approving Parcel Map for Subdivision MS 2023-002 Urban Lot Split at 2 Moraga Via
RECOMMENDATION:

Adopt Resolution No. 12-25, Approving Parcel Map for Subdivision MS 2023-002 Urban Lot Split at 2 Moraga Via.

BACKGROUND:

Under SB9 legislation, which was effective January 1, 2022, the subject property owners, Stuart J. Kahn and Sally A. Gillette-Kahn submitted an application for a lot split for 2 Moraga Via. After determining the application was complete and reviewing submittals, the Tentative Parcel Map was deemed complete on August 5, 2024, no discretionary approvals are required/allowed under SB9.

DISCUSSION:

The owners have submitted the final Parcel Map (Attachment C) for MS 2023-002 with all supplementary documents and fees, to the Planning Department and the Public Works and Engineering Services Department for filing in accordance with the Subdivision Map Act, Title 16 of the City of Orinda Municipal Code (OMC), and the Conditions of Approval. The required signatures are in the process of being acquired.

The Public Works and Engineering Services Department has reviewed the Parcel Map for the 2 Moraga Via Minor Subdivision (MS 2023-002 Urban Lot Split) and found it to be in conformance with the Tentative Parcel Map and Conditions of Approval.

Planning Department has determined that all applicable requirements, including the Conditions of Approval, have been satisfied for the 2 Moraga Via Minor Subdivision (MS 2023-002 Urban Lot Split).

According to the Subdivision Map Act section 66458(a), and the provisions of Chapter 16 of the OMC, the City Council must approve the Parcel Map for 2 Moraga Via Minor Subdivision (MS 2023-002 Urban Lot Split) if it substantially conforms to all the requirements. Resolution No. 12-25 formalizes the City Council’s action with related findings, including approving the Parcel Map.

NEXT STEPS:

The Parcel Map will be fully executed by the City, subject to non-substantive corrections if so required by the City Attorney, and then processed for recordation with the County Clerk Recorder.

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FISCAL IMPACT:

The owners of 2 Moraga Via (MS 2023-002 Urban Lot Split) have paid all required fees and reimbursed the City for staff and consultant review costs.

ATTACHMENTS:

A. Resolution 12-25 Approving Parcel Map for Subdivision MS 2023-002 Urban Lot Split at 2 Moraga Via
B. Parcel Map
Respectfully Submitted by:

Scott Christie
Public Works Director
Prepared By: Ryan Okane, Senior Engineer
Approved by:

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Resolution 12-25

BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of:

Approve Parcel Map ) Resolution No. 12-25
for Subdivision MS 2023-002 )
Urban Lot Split at )
2 Moraga Via, Orinda, CA )
)
WHEREAS, an application for a SB9 Urban Lot Split subdivision Tentative Map of property at 2 Moraga Via, Orinda, California was deemed complete by the Orinda Planning Department on August 5, 2024; and
WHEREAS, the owners have submitted the Parcel Map for Subdivision MS 2023-002 and in is process of being signed by all parties required to execute the certificates on the map (owner and surveyor), together with all supplementary documents and fees, to the Public Works Department for filing in accordance with the Subdivision Map Act and Title 16 of the Orinda Municipal Code and the tentative map conditions of approval; and
WHEREAS, the Public Works Department has determined that the Parcel Map, all associated documents and fees are satisfactory in accordance with the Subdivision Map Act and Title 16 of the Orinda Municipal Code and the tentative map conditions of approval; and
WHEREAS, the City Council of the City of Orinda finds that the Parcel Map for Subdivision MS 2023-002, substantially conforms with the previously approved Tentative Parcel Map and must now be approved pursuant to state law.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda approves the Parcel Map for Subdivision MS 2023-002 with all supplementary documents.

Approved and adopted by the City Council of the City of Orinda at a regular meeting on March 18, 2025.

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Attachment: Resolution 12-25 Approving Parcel Map for Subdivision MS 2023-002 Urban Lot Split at 2 Moraga Via (3553 : Approving Parcel Map Resolution 12-25

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
_________________________________
Latika Malkani, Mayor
ATTEST:
_________________________________
Sheri Marie Smith, City Clerk
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Attachment: Resolution 12-25 Approving Parcel Map for Subdivision MS 2023-002 Urban Lot Split at 2 Moraga Via (3553 : Approving Parcel Map BEING A TWO-LOT SUBDIVISION OF A PORTION OF LOT 115, MAP OF SECTIONIZATION OF A PART OF RANCHO LAGUNA DE LOS PALOS COLORADOS, FILED AUGUST 8, 1916, MAP BOOK 15, PAGE 308, CONTRA COSTA COUNTY RECORDS, AND AS DESCRIBED IN THE GRANT DEED TO THE TRUSTEES OF THE KAHN 1988 TRUST AMENDED TO KAHN FAMILY TRUST U/A DATED 01/25/2007, RECORDED ON SEPTEMBER 10, 2020 AS DOC. NO. 2020-0200081 OFFICIAL RECORDS OF CONTRA COSTA COUNTY, AND LYING ENTIRELY WITHIN THE CITY OF ORINDA. PARCEL MAP MS 2023-002 SB9 URBAN LOT SPLIT N F.4.b
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Attachment: Parcel Map (3553 : Approving Parcel Map for Subdivision MS 2023-002 Urban Lot Split at 2 Moraga Via) BEING A TWO-LOT SUBDIVISION OF A PORTION OF LOT 115, MAP OF SECTIONIZATION OF A PART OF RANCHO LAGUNA DE LOS PALOS COLORADOS, FILED AUGUST 8, 1916, MAP BOOK 15, PAGE 308, CONTRA COSTA COUNTY RECORDS, AND AS DESCRIBED IN THE GRANT DEED TO THE TRUSTEES OF THE KAHN 1988 TRUST AMENDED TO KAHN FAMILY TRUST U/A DATED 01/25/2007, RECORDED ON SEPTEMBER 10, 2020 AS DOC. NO. 2020-0200081 OFFICIAL RECORDS OF CONTRA COSTA COUNTY, AND LYING ENTIRELY WITHIN THE CITY OF ORINDA. PARCEL MAP MS 2023-002 SB9 URBAN LOT SPLIT F.4.b Packet Pg. 51
Attachment: Parcel Map (3553 : Approving Parcel Map for Subdivision MS 2023-002 Urban Lot Split at 2 Moraga Via) GLORIETTA BOULEVARD 60' WIDE PUBLIC R/W MORAGA VIA 50' WIDE PUBLIC R/W REFERENCES: BASIS OF BEARINGS: LEGEND BEING A TWO-LOT SUBDIVISION OF A PORTION OF LOT 115, MAP OF SECTIONIZATION OF A PART OF RANCHO LAGUNA DE LOS PALOS COLORADOS, FILED AUGUST 8, 1916, MAP BOOK 15, PAGE 308, CONTRA COSTA COUNTY RECORDS, AND AS DESCRIBED IN THE GRANT DEED TO THE TRUSTEES OF THE KAHN 1988 TRUST AMENDED TO KAHN FAMILY TRUST U/A DATED 01/25/2007, RECORDED ON SEPTEMBER 10, 2020 AS DOC. NO. 2020-0200081 OFFICIAL RECORDS OF CONTRA COSTA COUNTY, AND LYING ENTIRELY WITHIN THE CITY OF ORINDA. PARCEL MAP MS 2023-002 SB9 URBAN LOT SPLIT F.4.b Packet Pg. 52
Attachment: Parcel Map (3553 : Approving Parcel Map for Subdivision MS 2023-002 Urban Lot Split at 2 Moraga Via) City Council
Staff Report
Agenda Item: F.5
Date: March 18, 2025
Department: Planning Department
AGENDA TITLE: 2024 Local Hazard Mitigation Plan Adoption RECOMMENDATION:

Adopt Resolution 10-25 Adopting the Local Hazard Mitigation Plan for the City of Orinda Annex Volume II of the Contra Costa County Hazard Mitigation Plan and direct Staff to file a Notice of Exemption.

BACKGROUND:

The City of Orinda is required to prepare a Local Hazard Mitigation Plan (LHMP) in order to qualify for federal funding for disaster mitigation activities under the Disaster Mitigation Act of 2000 (Public Law 106-390). The LHMP must include a risk assessment, public outreach and participation, an update process, formal review by FEMA and CalOES, and documentation of City Council approval.

Orinda’s current LHMP is included with the City’s General Plan Safety Element and was an annex to the Contra Costa County’s “2018 Hazard Mitigation Plan”. In December of 2023, a coalition of 39 Contra Costa County cities and special districts, including Orinda, embarked on a planning process to create a uniform hazard mitigation strategy that can be consistently applied to the defined planning area and used to ensure eligibility for specified grant funding success. The result of the organizational effort will be a FEMA and California Office of Emergency Services (CalOES) approved multijurisdictional, multi-hazard mitigation plan.

The Contra Costa County LHMP consists of two volumes: Volume I (the county plan; it includes the overall analysis of the hazards, a county profile, the countywide mitigation action items, and sets the foundation for participating jurisdiction annexes) and Volume II (jurisdictional annexes). Planning Department Staff drafted Orinda’s Volume II annex with input from the public as well as other City departments.

SUMMARY:

LHMP Scope. Mitigation planning is the systematic process of learning about the hazards that can affect the community, setting clear goals, identifying appropriate actions and following through with an effective mitigation strategy. Mitigation is defined in this context as any sustained action taken to reduce or eliminate long-term risk to life and property from a hazard event. Mitigation encourages long-term reduction of hazard vulnerability and can reduce the enormous cost of disasters to property owners and all levels of government. Mitigation can also protect critical community facilities, reduce exposure to liability, and minimize post-disaster community disruption.

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The hazard identification and profiling in the Contra Costa County Hazard Mitigation Plan addresses the following hazards of concern within the planning area:

1. Climate Change

2. Dam and Levee Failure

3. Drought

4. Earthquake

5. Flood

6. Landslide

7. Sea Level Rise

8. Severe Weather

9. Tsunami

10.Wildfire
Climate change is incorporated as a summary assessment of current and anticipated impacts for each identified hazard of concern.

Except for dam failure, this Plan does not provide a full risk assessment of humancaused hazards. However, brief, qualitative discussions of the following hazards of interest are included: terrorism, cyber threats, hazardous materials release, pipeline and tank failure, airline incidents. The Plan presents the accumulated information in a unified framework to ensure a comprehensive and coordinated plan covering the entire Contra Costa County Operational Area planning area. Each jurisdiction has been responsible for the review and approval of their individual sections of the Plan. Additionally, the plan has been aligned with the goals, objectives and priorities of the State’s multi-hazard mitigation plan.

LHMP Volume I, which applied to all member jurisdictions, describes the plan update approach, the County profile, county-wide risk assessment methodology and results, and County-wide action items to address identified risks. The Orinda LHMP Volume II annex is organized into twelve sections as follows:
• Section 1 – Introduction: Describes the purpose for the LHMP. • Section 2 – Local Planning Team: Primary and secondary staff contacts for updates to the LHMP.
• Section 3 – Jurisdiction Profile: Summary of key information about the City and its development history.
• Section 4 – Development Trends: Summary of current and recent development in Orinda, cross-referenced with hazard areas.
• Section 5 – Capability Assessment: Review of existing capabilities, plans, programs and policies that enhance Orinda’s ability to implement mitigation strategies.
• Section 6 – Hazard Plan Integration: Presentation of current integration between LHMP and the City’s Emergency Operations Plan, General Plan, Capital Improvement Plan, Building Code and Fire Code. Also, a discussion of opportunities for future integration in the General Plan, Emergency Operations Plan, Municipal Code, plan review and environmental review processes, F.5
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stormwater management initiatives, Community Wildfire Protection Plan, and potential future planning initiatives such as a Climate Action Plan or Economic Development Plan.
• Section 7 – Jurisdiction-Specific Natural Hazard Event History: Listing of past hazard events such as storms, floods, earthquakes and landslides, with specific damages for the City of Orinda listed where such records were available.
• Section 8 – National Flood Insurance Program (NFIP): Description of duties for the Floodplain Manager, information on Orinda’s NFIP participation, and definitions for “Substantial Damage,” “Substantial Improvement,” and “Repetitive Loss.”
• Section 9 – Hazard Vulnerability and Impact Assessment: Description of highest risk hazards in Orinda, including landslides, wildfire, flooding, earthquakes, aging infrastructure, limited access options to residential neighborhoods.
• Section 10 – Hazard Risk Ranking: Risk rating for hazards based on the probability of an event and the number of people that would be affected by that event. The highest risk hazards for Orinda are earthquakes and landslides. • Section 11 – Mitigation Actions: List of actions to be completed under the current LHMP. Some actions are carried over from the previous LHMP, some are already incorporated into the current Capital Improvement Plan, and others are actions that align well with the objectives of the LHMP and mitigate high risk hazards.

The entire LHMP (Volumes I and II) can be accessed online and are included as Attachments A and B as weblinks:
• Volume I:
o https://www.contracosta.ca.gov/DocumentCenter/View/82620/2024- Contra-Costa-County-HMP-Volume-1_PublicCommentDraft
• Volume II:
o https://www.contracosta.ca.gov/DocumentCenter/View/82757/City-ofOrinda-Annex-2024-HMP Public Engagement. City Staff invited residents to provide comments on the LHMP and contribute by sharing local knowledge of their individual area’s vulnerability to natural hazards based on past occurrences. Public involvement has been solicited via a comprehensive public outreach campaign that included providing information at the Planning Counter, promoting via social media, the Orinda Outlook (weekly email), City Council meetings, private and City led events (including the Farmers’ Market, Thursday Night Good Trucks with Taste of the World Market, Makers Market at Orinda Theatre Square, Bike to Anywhere Day, Movies in the Park, Insurance Town Tall). This outreach is documented in Volume II City of Orinda Annex of the LHMP.

CEQA STATUS:

The proposed LHMP is statutorily exempt from CEQA under CEQA Guidelines Section 15262 (Feasibility and Planning Studies) and Section 15061(b)(3) (Review for Exemption, General Rule).

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NEXT STEPS:

The LHMP has been approved by FEMA and CalOES pending adoption. Once the hazard mitigation plan is adopted by all of the jurisdictional partners, the partnership will collectively and individually become eligible to apply for hazard mitigation project funding from both the Pre-Disaster Mitigation Grant Program (PDM) and the Hazard Mitigation Grant Program (HMGP). The grant funds are made available to states and local governments and can be used to implement the long-term hazard mitigation measures specified within Orinda’s annex of the LHMP before and after a major disaster declaration. The LHMP is considered a living document such that, as awareness of additional hazards develops and new strategies and projects are conceived to offset or prevent losses due to natural disasters, the LHMP will be reviewed on an annual basis by Contra Costa County OES and reviewed and revised every five (5) years by the Contra Costa County Hazard Mitigation Steering Committee to determine the effectiveness of programs and to reflect changes that may affect mitigation priorities.

The LHMP contains numerous action items that will be addressed over the next five years. One of these action items, OR-2, is to “Integrate the Contra Costa County Hazard Mitigation Plan (HMP) into other City plans, ordinances and programs that dictate land use decisions in the community, including the General Plan, Orinda Municipal Code, Capital Improvement Plan, Emergency Operations Plan and Wildfire.” Staff has determined that a General Plan Safety Element Amendment is not necessary to adopt the new LHMP; per Proposed Resolution 10-25, references in the City’s adopted Safety Element will now be to the updated LHMP document rather than the prior “2018 Local Hazard Mitigation Plan”.

Currently, Staff recommends that Council review Volume I and Orinda’s Volume II annex of the LHMP (Attachments A and B) and approve Proposed Resolution 10-25 adopting the LHMP (Attachment C).

FISCAL IMPACT:

The LHMP includes several action items that have associated costs, some of which are already captured in the City’s budget and Capital Improvement Plan. The main purpose of the LHMP is to identify disaster mitigation actions that may qualify for federal funding.

Once the LHMP is adopted, the City will be able to apply to FEMA for funding to complete these action items.

ATTACHMENTS:

A. 2024 Hazard Mitigation Plan Contra Costa County, California, Volume I Planning Area-wide Elements [weblink]
B. 2024 Hazard Mitigation Plan Contra Costa County, California, Volume II City of Orinda Annex [weblink]
C. Resolution 10-25 Adopting the Local Hazard Mitigation Plan for the City of Orinda Annex Volume II of the Contra Costa County Hazard Mitigation Plan F.5
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Respectfully Submitted by:

Lashun Cross
Planning Director
Prepared By: Celina Palmer, Associate Planner
Approved by:

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BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
Resolution Adopting the Local Hazard )
Mitigation Plan for the City of Orinda )
Annex Volume II of the Contra Costa )
Hazard Mitigation Plan ) Resolution No. 10-25
WHEREAS, all of Contra Costa County has exposure to natural hazards that increase the risk to life, property, environment and the County’s economy; and WHEREAS; proactive mitigation of known hazards before a disaster can reduce or eliminate long-term risk to life and property; and
WHEREAS, The Disaster Mitigation Act of 2000 (Public Law 106-390) established new requirements for pre- and post-disaster hazard mitigation programs; and WHEREAS; a coalition of Contra Costa County, Cities, Towns and Special Districts with like planning objectives has been formed to pool resources and create consistent mitigation strategies within the Contra Costa County Operational Area planning area; and
WHEREAS, the coalition has completed a planning process that engages the public, assesses the risk and vulnerability to the impacts of natural hazards, develops a mitigation strategy consistent with a set of uniform goals and objectives, and creates a plan for implementing, evaluating and revising this strategy.

NOW, THEREFORE, BE IT RESOLVED that the Orinda City Council hereby adopts (in its entirety) the Local Hazard Mitigation Plan for the City of Orinda Annex Volume II of the Contra Costa County Hazard Mitigation Plan.

BE IT FURTHER RESOLVED that this document replaces the “2018 Local Hazard Mitigation Plan” that is adopted by reference in the General Plan Safety Element.

Adopted by the City Council of the City of Orinda at a regular meeting on March 18, 2025 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
__________________________
Latika Malkani, Mayor
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Attachment: Resolution 10-25 Adopting the Local Hazard Mitigation Plan for the City of Orinda Annex Volume II of the Contra Costa County ATTEST:
_____________________________
Sheri Marie Smith, City Clerk
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Attachment: Resolution 10-25 Adopting the Local Hazard Mitigation Plan for the City of Orinda Annex Volume II of the Contra Costa County City Council
Staff Report
Agenda Item: F.6
Date: March 18, 2025
Department: City Council
AGENDA TITLE: Housing Element Annual Progress Report – 2024 Calendar Year RECOMMENDATION:

Review the Housing Element Annual Progress Report for Calendar Year 2024 and direct Staff to file the Report with the appropriate State agencies.

BACKGROUND:

On January 31, 2023, the City Council adopted the 6th Cycle Housing Element (see Attachment A). Following adoption, the Housing Element was submitted to the State Department of Housing and Community Development (HCD) for review. On March 30, 2023, HCD certified the City’s Housing Element, having determined it to be in full compliance with state Housing Element law (see Attachment B).

As required by State law (Government Code Section 65400), every year the City must report in the Housing Element Annual Progress Report (APR) progress towards meeting the City’s assigned Regional Housing Needs Allocation (RHNA) and the status of program implementation. Orinda was assigned 1,359 RHNA units for the 6th Cycle Housing Element. The APR must be considered at a public meeting of the City Council, and members of the public must have an opportunity to provide oral testimony and written comments. The APR is due April 1 of each year for the preceding year and is considered overdue 60 days after April 1.

Along with approving the Plan Orinda project, including the Housing Element, the City prepared and concurrently adopted an Environmental Impact Report (EIR) on January 31, 2023. On March 3, 2023, an organization named Orindans for Safe Emergency Evacuation (OSEE) filed a lawsuit against the City, challenging the City’s Plan Orinda approvals and the EIR as prepared under the California Environmental Quality Act (CEQA). As described in detail in a separate staff report for this meeting, the City is finalizing its compliance with the court’s order. The status of the litigation does not affect the contents of the attached APR. The City currently remains obligated to implement its adopted and state-certified Housing Element. The City’s Housing Element obligations include submitting the state-mandated APR to HCD and to the State Office of Planning & Research (OPR) no later than April 1.

On March 10, 2025, the City Council Affordable Housing Subcommittee held a meeting and suggested additional language under Action 3.G and 3.E to reflect Staff researched and presented some analysis of the variables including review of other jurisdictions for local laws as outlined within these programs. The City Council held at least three meetings prior to 2024.

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SUMMARY:

The 2024 APR reports on the City’s progress towards meeting the Housing Element’s goals for the 2024 calendar year (January 1, 2024, to December 31, 2024) (see Attachment C).

In the 2024 reporting year, building permits were finaled for a total of 23 new housing units. Of the 23 units, five were detached, new construction single-family residences; 13 units were detached, new construction Accessory Dwelling Units (ADUs); one unit was an attached, new construction ADU; one unit was a detached, converted ADU; and three units were attached, converted ADUs.

The APR must also report the City’s progress towards meeting the programs listed in the Housing Element. Table D in the APR lists each program, the deadline for implementation, and progress towards completion of the program. Table D reports on the progress toward program implementation for both the 5th Cycle and 6th Cycle. The 6 th Cycle includes a total of 33 programs that must be implemented throughout the planning period. Some programs include a specific deadline, such as rezoning programs that have a three-year and 120-day deadline, whereas other programs are ongoing or completed annually. The City is on track for compliance with state deadlines for rezones of the Housing Element opportunity sites and is actively working on other required code changes.

NEXT STEPS:

Based on Council review and direction, staff will file the Annual Progress Report with the State Department of Housing & Community Development (HCD) and the State Office of Planning & Research (OPR).

FISCAL IMPACT:

Approving the Annual Progress Report does not have a fiscal impact. However, there could be legal costs to the City if the report is not approved by the City Council in a timely manner based on Government Code Section 65400, which states in part:

If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days.

ATTACHMENTS:

A. 6th Cycle Housing Element [weblink]
B. HCD Letter of Certification - March 30, 2023 [weblink] C. Housing Element Annual Progress Report, Table D: Program Implementation Analysis – 2024 Calendar Year
D. Housing Element Annual Progress Report [weblink]
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Respectfully Submitted by:

Lashun Cross
Planning Director
Prepared By: Celina Palmer, Associate Planner
Approved by:

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Jurisdiction Orinda
Reporting Year 2024 (Jan. 1 - Dec. 31)
D_1_Name D_2_Objective D_3_Time D_4_Status
Table D
Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation 5TH CYCLE PROGRAMACTION 1.C: PROMOTION OF SECOND UNITS Continue to implement a public information and outreach campaign via the City’s website and the Orinda City newsletter to inform property owners of the standards for second unit development and the importance of second units to Orinda.

Provide information to encourage residents to apply for second units, particularly where their homes already include space that is configured for a conforming second unit (e.g., carriage houses, au pair quarters, second kitchens on floors with separate entrances). The City will produce a flyer regarding second units and provide the flyer at the Planning Department counter and to project applicants for all discretionary land use applications. On average, a total of 93 discretionary land use applications, mainly for residential development projects, are considered annually by the Planning Department. Many of the projects are on property that could support the development of a second unit. In addition, the City will publish at least annually informational materials pertaining to second units through a combination of media including the City’s website and direct mailings.

Promote public education about second units,
including letting residents know about the benefits at
the Planning Counter in conversations.

Ongoing
The 6th Cycle Housing Element has "Continue. Modify to update terminology to 'Accessory Dwelling Units (ADUs)' " as the action for this section. Ensuing implementation of this action will be assessed through 6th Cycle HE Implementing Action 1.E.
5TH CYCLE PROGRAMACTION 1.D: LEGALIZATION OF EXISTING UNREGISTERED SECOND UNITS Notify property owners that under the revised second dwelling unit standards, formerly illegal second units may possibly now meet
the requirements of the Zoning Ordinance.

Promote the registration and
legalization of existing second units in the city that
meet current zoning and building safety standards,
including those which are in active use as rental
housing and those with the potential to be used as
rental units. Facilitate development of 57 second
units between 2014 and 2022. Based on prevailing
market rents (and the analysis in Chapter 4 of this
element), it is presumed that 2 of these units will be
affordable to very low-income households, 13 to
low-income households, and 38 to moderate-income
households.

Ongoing
One building permit was issued in 2018 (that was entitled and reported in 2017), and two building permits were issued in 2024, for the legalization of existing second units.

With new state laws that went into effect on January 1, 2020, we expect to see more legalization of unregistered second units.
5TH CYCLE PROGRAM-ACTION 1.E: SECOND UNITS IN WILDER(GATEWAY VALLEY)Encourage builders in the Wilder development to include second units in new homes or to incorporate space with the flexibility for second unit conversions in the future.

Encourage the inclusion of second units in new
single-family homes and support the creation of
such units in existing single-family homes, subject to
design criteria of the Zoning Ordinance and building
code standards as well as neighborhood
compatibility considerations. Facilitate development
of 57 second units between 2014 and 2022. Based
on prevailing market rents (and analysis in Chapter
4 of this element), it is presumed that 2 of these
units will be affordable for very low-income
households, 13 to low-income households, 38 to
moderate-income households.

Ongoing
During the 5th planning period, the City encouraged builders in the Wilder development to include second units in new homes and/or incorporate space so the flexibility for second unit conversions were a viable option in the future. As a result, 10 approvals for ADUs were granted in the Wilder subdivision:
2015: 4
2016: 0
2017: 2
2018: 1
2019: 0
2020: 1
2021: 0
2022: 1
2023: 0
2024: 1
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Attachment: Housing Element Annual Progress Report, Table D: Program Implementation Analysis – 2024 Calendar Year (3544 : 2024 Housing 5TH CYCLE PROGRAMACTION 1.F: AFFORDABLE HOUSING INCENTIVE PROGRAM Continue to implement the City’s affordable housing incentive program (density bonus ordinance), which grants up to a 35 percent increase in the number of permitted units for developments which set aside 20 percent or more of their units as affordable, as defined by state law.

Participate in those housing assistance programs
that are most appropriate to Orinda's setting and
demographics,
with an emphasis on programs that benefit local
seniors and those who live or work in Orinda.

Facilitate completion of 66 units of housing for very
low- and extremely low-income seniors at the
Monteverde Senior Apartments Project.

Ongoing
The City continued to implement the City’s affordable housing incentive program through the Density Bonus program that allowed for a 35-percent increase in the number of permitted units for development. Through the City’s affordable housing program, 66 units restricted to extremely low- and very low-income households were developed for the Monteverde Senior Housing project. Without the program, approximately 55 units would have been allowed on the project site. The development was completed in November 2014 and fully occupied in December 2014.

The City intends to regularly update the density bonus provisions of the Orinda Municipal Code to be consistent with current state law. 5TH CYCLE PROGRAMACTION 1.G: TECHNICAL ASSISTANCE TO

ORGANIZATIONS THAT CAN DEVELOP OR PRESERVE LOWER-COST

HOUSING
Provide outreach and assistance to nonprofit
organizations and builders whose expertise
can inure to the benefit of low- and moderate-income Orinda residents, particularly
seniors and those with special needs.

Participate in those housing assistance programs
that are most appropriate to Orinda's setting and
demographics, with an emphasis on programs that
benefit local seniors and those who live or work in
Orinda.

Facilitate completion of 66 units of housing for very
low- and extremely low-income seniors at the
Monteverde Senior Apartments Project.

Ongoing
The City provided technical assistance to organizations that help develop or preserve lower-cost housing, particularly seniors and those with special needs. In 2014, the City worked successfully with Eden Housing to develop 66 units affordable to extremely low- and very low-income senior households at the Monteverde Senior Housing project. The project includes one manager’s unit affordable at the moderateincome level.

In September 2021, an application for a 52-unit affordable senior housing project named “Vista Verde Senior Housing Project” was submitted. The City approved the project in August 2022 and is actively working with the applicants to obtain building permit approvals.
5TH CYCLE PROGRAM-ACTION 2.A: ASSISTANCE TO LOWER-INCOME SENIOR HOMEOWNERSParticipate in Contra Costa County’s
housingrehabilitation program and publicize the availability of the County’s low interest loan programs for lower-income seniors and other households.

Encourage reinvestment in the city's housing stock
by private property owners. Encourage 10 existing
very low-income Orinda households to participate in
the County’s major rehabilitation loan program.

Ongoing (as available)
The County provides information about the Neighborhood Preservation Program on the County’s website, public access cable channels, through notices in the media, and via presentations given periodically. The City of Orinda website includes a page for housing resources (https://cityoforinda.org/569/Housing-Resources) which links to Contra Costa County Conservation & Development's webpage (https://www.contracosta.ca.gov/4334/Neighborhood-Preservation-Program). The County website states, "Due to overwhelming interest in the program, the Neighborhood Preservation Program currently is not taking new applications. Please continue to check back for more information."
5TH CYCLE PROGRAMACTION 2.B: PARTICIPATION IN FIRST-TIME HOMEBUYER AND MCC

PROGRAMS
Participate in the County’s First-Time Homebuyer and Mortgage Credit Certificate (MCC) programs.

Encourage reinvestment in the city's housing stock
by private property owners. Encourage the
preservation of existing affordable housing in the
city, including the Orinda Senior Village, and
existing second units and rental apartments.

Conserve Orinda's existing supply of smaller and
more affordable single-family homes, including older
two- and three-bedroom homes on lots smaller than
10,000 square feet.
2015; Ongoing (as
available)
The City continues to participate in the first-time homebuyer and MCC programs. As noted in the Housing Element, the City will coordinate with County staff on implementing this program more proactively into the next planning period.

The City of Orinda website includes a page for housing resources (https://cityoforinda.org/569/Housing-Resources) which links to Contra Costa County Conservation & Development's webpage
(https://www.contracosta.ca.gov/4768/Mortgage-Credit-Certificate-Program). The County website states, "Program Status Update Currently, there are no funds for this program, and we are not accepting applications at this time. Please check back with us periodically, or you may visit the CDLAC website at their website:
https://www.treasurer.ca.gov/cdlac/applications/sfh/index.asp." F.6.c
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Attachment: Housing Element Annual Progress Report, Table D: Program Implementation Analysis – 2024 Calendar Year (3544 : 2024 Housing 5TH CYCLE PROGRAMACTION 2.C: HOME MAINTENANCE AND REPAIR PROGRAMS Advertise the availability of existing home maintenance, repair, and improvement programs such as the low- and zero-interest loans offered through Contra Costa County’s Neighborhood Preservation Program.

Consider applying for additional grant funding to assist homeowners with addressing ADA accessibility modifications to their homes.

Conduct code enforcement on a complaint-driven basis to address safety and code compliance issues.

Encourage reinvestment in the city's housing stock
by private property owners. Preserve 100 percent of
the existing multi-family rental units in the city
through 2023. Preserve 100 percent of the existing
housing in the city's nonresidential zoning districts
through 2023. Encourage 10 existing very lowincome Orinda households to participate in the County's major rehabilitation loan program.
2015
(advertising)
and 2017
(funding); Ongoing (as
available)
The City participates in Contra Costa County's Neighborhood Preservation Program. The City of Orinda website includes a page for housing resources (https://cityoforinda.org/569/Housing-Resources) which links to Contra Costa County Conservation & Development's webpage
(https://www.contracosta.ca.gov/4334/Neighborhood-Preservation-Program). The County website states, "Due to overwhelming interest in the program, the Neighborhood Preservation Program currently is not taking new applications. Please continue to check back for more information."
5TH CYCLE PROGRAMACTION 2.D: SECOND UNIT RENT DATA
Continue to collect and monitor data on second unit rents to better understand their role in the Orinda housing market and the income groups they serve.

Encourage the preservation of existing affordable
housing in the city, including
the Orinda Senior Village, and existing second units
and rental apartments.

Ongoing The City will continue to collect and monitor data on ADUs using online rental forums. 5TH CYCLE PROGRAM-ACTION 2.E: FLOOR AREA RATIO LIMITSMaintain a sliding scale for calculating floor area ratios (FAR) as a way to preserve the city’s existing stock of smaller homes.

Encourage reinvestment in the city's housing stock
by private property owners. Conserve Orinda's
existing supply of smaller and more affordable
single-family homes, including older two- and threebedroom homes on lots smaller than 10,000 square feet.

Ongoing The Planning Staff continues to implement structure size limitations that can be found in the City's Zoning Code (Orinda Municipal Code Section 17.6.8). 5TH CYCLE PROGRAMACTION 2.G: REDUCTION IN HOME ENERGY COSTS Continue to advise residents of programs for reducing residential energy costs.

Encourage reinvestment in the city's housing stock
by private property owners. Ongoing
To ensure energy cost reduction information was made publicly available, the City provided pamphlets on assistance programs in the Planning Department waiting area.
5TH CYCLE PROGRAMACTION 2.H: TITLE 24 ADMINISTRATION
Continue to enforce residential energy conservation requirements as set forth in Title 24, California Administrative Code.

Encourage reinvestment in the city's housing stock
by private property owners. Ongoing During the 5th planning period, the City continued to enforce the residential energy conservation requirements.
5TH CYCLE PROGRAMACTION 3.A: DOWNTOWN
Study the feasibility of mixed-use development at appropriate densities.

Continue to allow multi-family
residential uses above the ground floor within
Orinda’s Downtown Commercial zoning district.

Completed
The City completed feasibility studies for mixed-use development in the Downtown Precise Plan and associated EIR program. Ensuing implementation of this action will be assessed through 6th Cycle HE Implementing Action 1.A: Downtown Precise Plan.

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Attachment: Housing Element Annual Progress Report, Table D: Program Implementation Analysis – 2024 Calendar Year (3544 : 2024 Housing 5TH CYCLE PROGRAMACTION 3.B: ADJUSTMENT OF DESIGN STANDARDS TO IMPROVE

AFFORDABILITY
Implement the City’s Affordable Housing Incentive Program to reduce production costs in projects containing affordable units such as adjusting design standards on a case-by-case basis, which could include adjusting standards for setbacks, lot coverage, street width, unit size, and parking, for all affordable housing projects.

Meet annually with at least one affordable housing
developer or representative of an affordable housing
advocacy group to discuss housing issues, needs,
and opportunities in Orinda.

Encourage larger-scale residential
developments to include a mix of unit types,
including smaller units and units that are affordable
to lower- and moderate-income households.
2015; Ongoing
The City continued to adjust design standards to improve affordability. Completed in December 2014, the Monteverde Senior Apartments project provided 66 units of housing for very low- and extremely-low-income seniors. This project made use of the City's Affordable Housing Incentive Program to build at a higher density than usually allowed by code.

The Vista Verde Community Housing Project, a 100% affordable senior development (52 units deed restricted for very-low to moderate income seniors and 1 non-deed restricted caretakers quarters), approved by Orinda City Council Resolution 41-22 on August 16, 2022, allowed for: 1) Increase the maximum number of stories from two and a half (2.5) to five (5); 2) Increase the maximum building height from 27 feet to 53 feet; and, 3) Reduce the amount of private open space required under the RM/SH-O zoning, from 100 square feet to either 63 or 77 square feet, depending on the unit type.

The City continued to meet with interested housing developers on an ongoing basis.

As applications for affordable units or mixed-income housing developments were submitted, the City proactively worked with the applicants to address issues of parking, traffic, and design, and explored ways to reduce the cost of developing such housing in Orinda on a case-by-case basis. The Planning staff educates applicants of the applicable zoning regulations and application process. Most recently, Planning staff actively worked with the applicant of the senior housing project at 10 Irwin Way prior to submittal.
5TH CYCLE PROGRAM-ACTION 3.C: SHARED HOUSING PROGRAMConsider participating in ECHO housing’s “Shared Housing” or some similar program as a way to improve housing opportunities for lower-income seniors and extremely low-income Orinda residents.

Encourage the sharing of housing units by
homeowners seeking to age in place or supplement
their income. Shared housing can provide an
important resource for seniors, young adults, and
others in the community who cannot afford their own
home or apartment.
2016; Ongoing
The 6th Cycle Housing Element has "Continue" as the action for this section. Ensuing implementation of this action will be assessed through 6th Cycle HE Implementing Action 3.A.
5TH CYCLE PROGRAMACTION 3.D: NO NET LOSS OF HOUSING CAPACITY Develop and implement an evaluation procedure to ensure the City maintains sufficient land to accommodate the Regional Housing Needs Allocation throughout the planning period. Because Orinda has a limited number of sites on which it can meet its Regional Housing Needs Allocation for low- and very lowincome households during the planning period, it is important that the availability of these sites be monitored. Section 65863 of the California Government Code stipulates that a community may not reduce the allowable density on a housing site if the result is that the city is no longer able to meet its Regional Housing Needs Allocation. The City will comply with Government Code 65863.

Develop and implement an evaluation procedure to
ensure the City maintains sufficient land to
accommodate the Regional Housing Needs
Allocation throughout the planning period.

Ongoing
The 6th Cycle Housing Element has "Continue" as the action for this section. Ensuing implementation of this action will be assessed through 6th Cycle HE Implementing Action 1.H.

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Attachment: Housing Element Annual Progress Report, Table D: Program Implementation Analysis – 2024 Calendar Year (3544 : 2024 Housing 5TH CYCLE PROGRAMACTION 3.F: EXTREMELY LOW-INCOME HOUSING. Encourage additional housing resources for extremely low-income Orinda residents, particularly seniors and persons with physical or developmental disabilities. The Needs Assessment in Chapter 3 identified 283 extremely low-income owner-occupied households and 156 extremely low-income renter households in Orinda. Based on Census data, the majority of these households are headed by seniors. Other extremely low-income households in the city include persons with disabilities, low wage workers, and the long-term unemployed.

Since a majority of Orinda’s extremely low-income residents are homeowners, programs to assist in home repair and maintenance through low-cost loans or grants are strongly supported. The City may also encourage the inclusion of extremely low-income units within new affordable rental developments. In addition, affordable housing tenant selection should place a priority on extremely low-income persons.

The City will also encourage context-appropriate solutions to meet the housing needs of other extremely low-income households in Orinda, including individuals and families. These include shared housing opportunities, second units, small group homes, and transitional housing. Activities such as grant and funding assistance, priority processing, deferral of impact fees until issuance of certificates of occupancy, and support for applications to create new housing units will be supported in the future. The Planning Department will produce an informational pamphlet regarding assistance and resources available to all extremely low-income households and to persons with developmental or other physical disabilities. The information will be updated at least twice during the planning period and distributed to the local faith community and made available at City Hall and on the City’s website and at the Contra Costa County Supervisors’ office.

Maintain an adequate number and
variety of sites to meet the City’s
Regional Housing Needs Allocation. Meet Orinda's
Regional Housing Needs Allocation mandates
through a
combination of second units and
rezoning of adequate land area at the default
density.

Ongoing
The 6th Cycle Housing Element has "Continue" as the action for this section. Ensuing implementation of this action will be assessed through 6th Cycle HE Implementing Action 3.B.
5TH CYCLE PROGRAM-ACTION 4.B: REDUCTION OF PERMITTING COSTS AND DELAYSExplore the feasibility of expanding the City’s Affordable Housing Incentive Program to add provisions for reductions in application processing costs for multi-family projects containing affordable units.

Ensure that Orinda’s permitting and approval
processes do not unduly constrain or delay the
construction of housing. City procedures should be
consistent with the Permit Streamlining Act
requirements and should not include unreasonable
fees or regulations. Make a "completeness"
determination for planning applications within two
weeks or less for 80 percent of all applications
received, rather than waiting the full 30 days allowed
by the Permit Streamlining Act.Provide at least one
workshop ortraining seminar a year to assistowners,
builders, contractors, andothers with understanding
Orinda's development process and requirements.

Ongoing
The Planning Staff continued to make completeness determinations ahead of the 30- day completeness deadline. To ensure housing for low-income and special-needs households development impact fee waivers continue to be available for affordable housing projects. Applicants can come to the counter and speak to planning staff regarding the City’s process and have one-on-one discussions about potential projects. Planning Staff also have a Conceptual Development Review (CDR) preapplication that allows applicants to submit a potential project and obtain written comments on their preliminary project prior to formal submittal of a discretionary application.
5TH CYCLE PROGRAMACTION 4.C: SHARED PARKING

REGULATIONS
Consider adopting shared parking regulations where it can be demonstrated that there will be no parking shortages.

Consider flexibility in development
standards, such as reduced parking requirements
for senior housing, in order to accommodate
additional affordable units and reduce housing
costs.
2016; Ongoing
The 6th Cycle Housing Element has "Continue" as the action for this section. Ensuing implementation of this action will be assessed through 6th Cycle HE Implementing Action 3.F.
5TH CYCLE PROGRAMACTION 4.D: BUILDING CODE UPDATES
Continue to implement the California Building Code of Regulations as locally amended.

Update or amend the codes as state requirements change.

Ensure that Orinda’s permitting and approval
processes do not unduly constrain or delay the
construction of
housing.

Ongoing
The City established both a permitting process and a streamlined process for small residential solar energy systems. The City continued to implement building codes as required by the state.

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Attachment: Housing Element Annual Progress Report, Table D: Program Implementation Analysis – 2024 Calendar Year (3544 : 2024 Housing 5TH CYCLE PROGRAMACTION 4.E: FEE UPDATES
Periodically review planning and building fees to ensure they cover required costs but are not more than is necessary to provide the required City services.

Ensure that Orinda’s permitting and approval
processes do not unduly constrain or delay the
construction of housing.

Annually
The Planning Department's fees are updated annually to reflect actual processing costs during the planning period. Planning fees are available online via the Master Fee Schedule for Fiscal Year 2024-25 at
https://www.cityoforinda.org/ArchiveCenter/ViewFile/Item/140. Fees are also included in each Planning Application, available online at https://cityoforinda.org/270/Applications-Forms-Permits. 5TH CYCLE PROGRAMACTION 5.A: FAIR HOUSING PROGRAM
Distribute information regarding fair housing issues in the City’s quarterly newsletter, at the Orinda Library, and at City offices.

Continue to promote equal housing opportunity for
all Orinda residents and others seeking housing in
the city, regardless of race, religion, marital/family
status, ethnic background, or other arbitrary factors.

Support programs that educate and inform residents
about fair housing laws, the Regional Housing
Needs
Allocation process, and the City's
obligations under state housing law. Follow up on
100 percent of all fair housing complaints received
by the City.

Ongoing
The City continues to include Fair Housing information in quarterly newsletters, the Orinda Library, and at City offices. This policy remains active. There were no fair housing complaints from 2015 - 2024. Staff will include a Fair Housing update in the Spring 2025 "The Orinda Way" newsletter.
5TH CYCLE PROGRAM-ACTION 5.B: LOCAL PREFERENCE INHOUSING OPPORTUNITIESContinue measures to ensure that persons who work in Orinda receive preference in the occupancy of new affordable for-sale housing units.

Support programs that educate and inform residents
about fair housing laws, the Regional Housing
Needs Allocation process, and the City's obligations
under state housing law.

Ongoing
From 2015-2020, the local preference program provisions were incorporated into the established below-market rate (BMR) program for the Orinda Grove project. The program was initiated in 2014 and began with 8 BMR units. Of the 8 initial applicants, 7 were employed in Orinda. In 2019, a unit was sold, and by 2020, 6 units were estimated to be occupied by persons who work in Orinda. Until 2025, the City of Walnut Creek managed the BMR program on behalf of the City of Orinda. The City will be entering into a new contract with BAAHA (Bay Area Affordable Housing Associates) to continue management of the 8 BMR units and will include any BMR units associated with the new Inclusionary Housing Ordinance. 5TH CYCLE PROGRAMACTION 5.C: ASSISTANCE FOR PERSONS
WITH DEVELOPMENTAL DISABILITIES.

Support the construction and rehabilitation of housing to meet the needs of Orinda residents with developmental disabilities,
including small group homes and units in affordable housing developments that are designed for developmentally disabled
persons.

Encourage the development of
housing designed to meet the unique needs of
seniors and persons with disabilities. The City
endorses the concept of universal design, wherein
all new construction and renovations
are designed to recognize the varying levels of
mobility in the population.

Ongoing
Several of the units in the Monteverde project include universal design features to accommodate the unique needs of seniors and persons with disabilities.

On January 19, 2021, City Council adopted Resolution 02-21, approving a memory care facility with 38 assisted-living units at 1 Wilder Rd.

On August 16, 2022, the Orinda City Council adopted Resolution 41-22, approving the Vista Verde Community Housing Project, a senior development with 52 units deed restricted for very-low to moderate income seniors (and 1 non-deed restricted caretakers quarters).
6TH CYCLE PROGRAM:

ACTION 1.A: DOWNTOWN PRECISE PLAN. Adopt the Downtown Precise Plan (DPP) to allow for the development of high-density multifamily housing to accommodate a portion of the City’s Regional Housing Needs Allocation (RHNA).

The DPP covers a 146.3-acre project area, but the focus area comprises a total of approximately 60 acres. The DPP will require a minimum of 20 units per acre with a maximum density of 30-55 units per acre (refer to Table 5-5 for specific site density) in the Downtown Commercial (DC) zoning district and will require a minimum of 20 units per acre with a maximum density of 25 units per acre in the Downtown Office (DO) zoning district, to allow for at least 422 units (Table 5-5).

Additionally, the City will create two new General Plan land use designations (Action 1.D) Residential, High Density Multi-Family (RH) which will allow 20-30 units per acre, and Residential, Very High Density Multi-Family (RVH) which will allow 30-55 units per acre, to be consistent with the increased allowable density.

Provide for a diversity of housing types to meet
current and future needs of all residents without
compromising the semi-rural character of Orinda’s
neighborhoods.
2026; In Progress
The Orinda City Council adopted the Downtown Precise Plan (DPP) on January 31, 2023. Due to CEQA litigation filed against the City, it was required to rescind that approval in 2024 pending completion of certain court-ordered revisions to the wildfire evacuation analysis in the Environmental Impact Report (EIR) that evaluated the DPP. Those EIR revisions are nearing completion and will be presented to the City Council approval on March 18, 2025. The current status of the DPP is not expected to interfere with the City’s ability to timely meet state deadlines for rezoning those properties in the downtown that were relied on in the certified Housing Element to accommodate the City’s Regional Housing Needs Allocation (RHNA).

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Attachment: Housing Element Annual Progress Report, Table D: Program Implementation Analysis – 2024 Calendar Year (3544 : 2024 Housing 6TH CYCLE PROGRAM:ACTION 1.B: HOUSING OPPORTUNITY SITES.

Rezone sites listed in Table 5-7 of the Housing Sites Inventory to allow for additional capacity to accommodate a portion of the City’s RHNA. The following actions will be taken:- Sites C-2, C-3, and C-4 are church properties that total

12.64 acres. The city assumed that only 4.94 acres, a capacity of 99 units, will be rezoned to the new Residential High Density-25 (RH-25) zoning district which will allow for a minimum of 20 units per acre and a maximum of 25 units per acre, on a percentage of the site specified in Table 5-7. - Site S-1 is the Miramonte High School Site and totals 51.95 acres. The city is only assuming 18 percent, 9.35 acres allowing for a capacity of 187 units, will be rezoned to the new Residential High Density-25 (RH-25) zoning district which will require a minimum of 20 units per acre and a maximum of 25 units per acre, on a percentage of the site specified in Table 5-7. Additionally, the City will create two new General Plan land use designations (Action 1.D) Residential, High Density Multi-Family (RH) which will allow 20-30 units per acre, and Residential, Very High Density MultiFamily (RVH) which will allow 30-55 units per acre, to be consistent with the increased allowable density.

Provide for a diversity of housing types to meet
current and future needs of all residents without
compromising the semi-rural character of Orinda’s
neighborhoods.
2026; in Progress
On December 12, 2023, the Planning Commission began consideration of a recommendation for rezoning and the creation of two new General Plan Land Use Designations for the housing opportunity sites. Subsequent 2024 court orders in the legal challenge to the Plan Orinda EIR resulted in delays to rezonings. The City will consider certification of an updated Final EIR on March 18, 2025. Staff projects reintroducing Housing Opportunity Sites' rezonings to the Planning Commission soon thereafter. These rezonings would include all the housing element opportunity sites.

The City expects to timely meet state deadlines for rezoning all the Housing Element opportunity site relied on in the certified Housing Element to accommodate the City’s RHNA.
6TH CYCLE PROGRAM:

ACTION 1.C: CALTRANS GATEWAY SITE DEVELOPMENT. Site G-4 totals 10 acres. The city assumes the entire site will be rezoned to allow high-density housing with a minimum capacity of 200 units and a maximum of 400 units. The site will be rezoned to the new Residential High Density-40 (RH-40) zoning district which will require a minimum of 20 units per acre with a maximum of 40 units per acre. The City will also create two new General Plan land use designations (Action 1.D) Residential, High Density Multi-Family (RH) which will allow 20-30 units per acre, and Residential, Very High Density Multi-Family (RVH) which will allow 30-55 units per acre, to be consistent with the increased allowable density.

The City will work with Caltrans, the current site owner, and/or go through the Governor’s Executive Order to decertify the site. The City will assist any interested developers with the decertification requirements as projects come forward, including costs for the decertification process. The City will also work closely with Caltrans and the developer to determine the next steps and help facilitate the process. The City will initiate the decertification process by June 2023 and evaluate the decertification progress by June 2024 to determine if decertification will be completed by January 2025. If the City determines completing the decertification process will extend beyond January 2025, the City will identify additional sites to rezone, if a shortfall is identified, and rezone additional sites by January 2026. The City will also biennially reach out to affordable housing developers to encourage development on this site.

The City will work with potential developers to ensure walkability is improved by connecting pedestrian paths with the downtown (e.g., a city-funded and/or grantfunded study and will explore potential shuttle connections to Orinda Downtown and BART.

Apply high standards of quality and design to all
housing development in the city. Where multifamily
or mixed-use housing is constructed, it should
respect the context of the site and its surroundings
and make a positive contribution to the character of
Orinda.
2023-2026
In 2023, the City met with Caltrans to discuss the decertification process and site constraints. On December 12, 2023, the Planning Commission considered a recommendation for rezoning and the creation of a new General Plan Land Use Designations for the Caltrans Gateway site. By June 2024, the City will evaluate the decertification process. Early February 2025, the City met with Caltrans regarding the decertification of the site. The City will move forward with the rezoning of the site.

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Attachment: Housing Element Annual Progress Report, Table D: Program Implementation Analysis – 2024 Calendar Year (3544 : 2024 Housing 6TH CYCLE PROGRAM:ACTION 1.D: RESIDENTIAL ZONING DISTRICTS AND LAND USE DESIGNATION. Establish two new zoning districts to support the development of lower income housing and assist with meeting the lower income RHNA. The Residential High Density-25 (RH-25) will require a minimum of 20 units per acre with a maximum of 25 units per acre. The Residential High Density40 (RH-40) will require a minimum of 20 units per acre with a maximum of 40 units per acre and will have a height limit of 50 feet/5 stories. Both zoning districts will be consistent with the two new Land Use Designations, Residential, High Density Multi-Family (RH) which will allow 20-30 units per acre, and Residential, Very High-Density Multi-Family (RVH) which will allow 30-55 units per acre.

Amend the Senior Housing Overlay (SH-Overlay) to remove the following statements regarding height limit approval “or as established by the Planning Commission by conditions imposed at the time of review for approvals.” The allotted height will be “as required by the closest adjoining residential or downtown district base regulations.” The City will also increase the allowable lot width from 120 feet to 150 feet, and the lot depth from 120 feet to 150 feet and will revise the height limit to allow for 3 stories.

Provide for a diversity of housing types to meet
current and future needs of all residents without
compromising the semi-rural character of Orinda’s
neighborhoods.
2024-2026; in Progress
On December 12, 2023, the Planning Commission considered a recommendation for the creation of RH-25 and RH-40 zoning districts for the housing opportunity sites.

The City has tentatively scheduled the project to go before the Planning Commission in April of 2024.The City remains on track to finish creating these two new zoning districts by 2026. Amendments to Orinda Municipal Code section 17.4.33 (Senior Housing Overlay District (SH-Overlay) development standards) will have gone before the Planning Commission on March 11, 2025, to obtain a recommendation for the City Council. Pending the recommendation from the Planning Commission, the amendments are tentatively scheduled to go before the City Council in April of 2025.

The City expects to timely meet state deadlines for rezoning all the housing element opportunity sites relied on in the certified Housing Element to accommodate the City’s RHNA.
6TH CYCLE PROGRAM:

ACTION 1.E: PROMOTION OF ACCESSORY DWELLING UNITS. The City will encourage the construction of ADUs through the following actions, which are aimed at providing an increased supply of affordable units throughout the city, thereby increasing access to high resource established neighborhoods outside of the Downtown and Opportunity zone areas and help reduce displacement risk for low-income households.
- Review and revise the City’s ADU ordinance, as needed, including in response to recent changes in state law and/or future comments it may receive from HCD. - Continue to implement a public information and proactive outreach campaign via the City’s website and the Orinda City newsletter to inform property owners of the standards for ADU development, permitting procedures, construction resources, and the importance of ADUs to Orinda, including ADUs affordable to lowerincome households. - Provide information to encourage residents to apply for ADUs, particularly where their homes already include space that is configured for a conforming ADU (e.g., carriage houses, au pair quarters, second kitchens on floors with separate entrances).
- Produce a flyer regarding ADUs and make available at the Planning Department counter and to project applicants for all discretionary land use applications. - At least annually, publish informational materials pertaining to ADUs through a combination of media, including the City’s website and direct mailings. - Identify incentives for construction of ADUs with new development, which may include differing collection of impact fees for the square footage associated with the ADU until issuance of the certificate of occupancy. - Collect and monitor data on ADU production and affordability and identify additional capacity within 6 months, if needed.

The City shall develop tools, resources, and
educational materials to increase awareness and
support, and to promote and facilitate the
development of Accessory Dwelling Units (ADUs) in
neighborhoods throughout the city.
2023-2025; Ongoing
The City maintains an ADU page on its website that explains the ADU ordinance, fees, and frequently asked questions. An impact fee calculator has been created on the ADU page to allow applicants to estimate the amount of impact fees that will be due for ADUs subject to impact fees. The City has also created a notification list where any member of the public may submit ADU inquiries and sign up for updates regarding ADU-related legislation and code changes.

City Staff have created a list for ADU grants. The City participates in the SD 7, ADU Accelerator Grant Program. As ADU laws change, the City will continue to update the website and Orinda Municipal Code to be compliant with state law.

Staff continues to encourage residents to apply for ADUs, "particularly where their homes already include space that is configured for a conforming ADU". In 2024, permits were finaled for 4 ADUs created through converted space.

Amendments to Orinda Municipal Code section 17.4.3 (Accessory Dwelling Units), in response to recent changes in state law, will have gone before the Planning Commission on March 11, 2025, to obtain a recommendation for the City Council.

Pending the recommendation from the City Council, the amendments are tentatively scheduled to go before the City Council in April of 2025. 114 building permits for ADUs were issued from 2015 through 2024. 2015: 3
2016: 2
2017: 7
2018: 4
2019: 7
2020: 9
2021: 21
2022: 15
2023: 28
2024: 18
The City maintains an ADU page on the City’s website that provides details on the ADU ordinance and answers to Frequently Asked Questions. The City is also working on creating an ADU handout to provide more information on the requirements.

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Attachment: Housing Element Annual Progress Report, Table D: Program Implementation Analysis – 2024 Calendar Year (3544 : 2024 Housing 6TH CYCLE PROGRAM:ACTION 1.F: MULTIFAMILY DEVELOPMENT. To assist in the development of affordable for-sale and rental housing, the City will continue to offer density bonuses and will implement additional measures, including, but not limited to, expedited permit processing, reduced parking standards, and reduced lot sizes. The City will prioritize projects that are in areas with currently low percentages of renter-occupied households to facilitate housing mobility and integration of ownership and rental units.

Maintain land use policies that allow residential
growth consistent with the availability of adequate
infrastructure and public services.
2024; Ongoing
The City continues to offer density bonuses pursuant to the State Density Bonus Law.

The City is evaluating additional measures that could be implemented to assist in the development of affordable housing. The City currently has one pending SB 330 preliminary application in for a project that seeks to utilize the State Density Bonus Law. City Staff have reviewed Metropolitan Transportation Commission (MTC) Transit Oriented Communities (TOC) standards and are considering appropriate TOC programs for 2025 implementation.
6TH CYCLE PROGRAM:

ACTION 1.G: SUPPORT AFFORDABLE HOUSING DEVELOPMENT. Work with housing developers to expand opportunities for affordable lower-income housing for special-needs groups, including persons with physical and developmental disabilities, female-headed households, large families, extremely low-income households, and persons experiencing homelessness by creating partnerships, providing incentives, and pursuing funding opportunities. - Support affordable housing development for special-needs groups throughout the city.
- Promote use of the density bonus ordinance, streamlined applications, and fee deferrals to encourage affordable housing, especially in high-resource areas and areas with limited rental opportunities currently.
- Facilitate the approval process and fee deferrals for land divisions, lot line adjustments, and/or specific/master plans resulting in parcel sizes that enable affordable housing development.
- Prioritize processing permits for projects providing affordable housing for special-needs groups.
- Work with public or private sponsors annually to identify candidate sites for new construction of housing for special needs and expedite processing of such projects.
- Encourage residential development near parks, open space, transit routes, civic uses, social services, and other health resources.
- Partner with nonprofit and for-profit affordable housing developers to support their financing applications for state and federal grant programs, tax-exempt bonds, and other programs as available.
- Pursue federal, state, and private funding for low- and moderate-income housing with direct support of lower-income housing construction and rehabilitation, specifically for development of housing affordable to extremely low-income households.
- Pursue partnerships with the Regional Center of the East Bay to identify funding opportunities and promote housing for persons with disabilities.

Provide for a diversity of housing types to meet
current and future needs of all residents without
compromising the semi-rural character of Orinda’s
neighborhoods.

Ongoing
The Contra Costa County Collaborative (C4) provides Housing Element technical assistance to jurisdictions in Contra Costa County. City staff met with the C4 group in September 2023 to discuss implementation of Housing Element programs pertaining to outreach to local housing developers, community organizations, and at-risk groups.

Staff was advised to coordinate with neighboring jurisdictions for more effective outreach and collaboration. Staff is strategizing an approach to pool resources with other agencies to create one comprehensive notification list.

On August 16, 2022, the Orinda City Council adopted Resolution 41-22, approving the Vista Verde Community Housing Project, a senior development with 52 units deed restricted for very-low to moderate income seniors (and 1 non-deed restricted caretaker’s quarters). Utilizing the density bonus ordinance allowed for: 1) Increase the maximum number of stories from two and a half (2.5) to five (5); 2) Increase the maximum building height from 27 feet to 53 feet; and, 3) Reduce the amount of private open space required under the RM/SH-O zoning, from 100 square feet to either 63 or 77 square feet, depending on the unit type. Staff is working with the applicant to obtain building permit approvals.

Exemptions and Deferrals
Affordable Housing Exemptions: Per Orinda Municipal Code Sections 3.20.040,

3.24.040, and 3.28.240, affordable housing projects are exempt from impact fees if a 30-year affordability contract is executed with the City. This applies to the current project entitlements for 52 units at Vista Verde Senior Housing project, for instance.

ADUs and Fee Deferrals: Impact fees for Accessory Dwelling Units (ADUs) are assessed in compliance with state law. All new unit impact fees are deferred until the issuance of a certificate of occupancy to reduce up-front development financing costs.
6TH CYCLE PROGRAM:ACTION 1.H: NO NET LOSS OF HOUSING
CAPACITY. Develop and implement an evaluation procedure to ensure the City maintains sufficient land to accommodate the Regional Housing Needs Allocation (RHNA) throughout the planning period. Should the City fall into a no net loss situation, within 180 days, the City will identify a replacement site to ensure the remaining RHNA is being met.

Provide for a diversity of housing types to meet
current and future needs of all residents without
compromising the semi-rural character of Orinda’s
neighborhoods.
2024; Ongoing
The City will continue to monitor Housing Element opportunity sites to prevent a "net loss" situation. On February 14, 2023, a project was approved at 31 Orinda Way, Housing Element Site DPP-41, with no residential units. DPP-41 was allocated a total of 17 units in the sites inventory (8 low-income units, 2 moderate-income units, and 7 above-moderate income units). With a 5 unit buffer for low-income, it would leave a shortfall of 3 units for low-income households. The City has an adequate buffer for the moderate and above-moderate income categories. To accommodate this shortfall in the low-income category, 3 units from DPP-6, allocated with 14 above-moderate units, are reallocated to lower income to prevent net loss. Per the Memo to File Re:
31 Orinda Way/No Net Loss rule, dated August 2, 2023, this reallocation of units from DPP-6 to DPP-41 is described in more detail. No additional sites have resulted in a net loss situation.

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Attachment: Housing Element Annual Progress Report, Table D: Program Implementation Analysis – 2024 Calendar Year (3544 : 2024 Housing 6TH CYCLE PROGRAM:

ACTION 1.I: SENATE BILL 9 (SB 9) – The California Housing Opportunity and More Efficiency (HOME) Act. Through SB 9, the City will expand homeownership opportunities by allowing property owners to split a single-family zoned lot into two lots and/or place up to two housing units on a single-family zoned lot.

Properties meeting the various criteria specified in the legislation are eligible to add the additional housing by right and are exempt from review under CEQA. The city is in compliance with SB 9.

Maintain land use policies that allow residential
growth consistent with the availability of adequate
infrastructure and public services.

Ongoing
The City will continue to monitor and process SB 9 unit and SB 9 lot split applications as they are submitted.

Since the implementation of SB9 the City of Orinda have received 20 SB9 unit applications (1 of which has been withdrawn by the applicant) and 13 SB9 lot split applications (2 of which were withdrawn by the applicant).

In 2022, the City of Orinda provided approvals for 5 SB 9 units and 0 SB 9 lot splits.

In 2023, the City of Orinda provided approvals for 2 SB 9 units and 2 SB 9 lot splits.

In 2024, the City of Orinda provided approvals for 1 SB 9 unit and 2 SB 9 lot splits.

The remaining applications are still being processed.
6TH CYCLE PROGRAM:

ACTION 1.J: SITES USED IN PREVIOUS HOUSING ELEMENT CYCLES.

Pursuant to Government Code Section 65583.2(c), a nonvacant site identified in a prior housing element and a vacant site that has been included in two or more consecutive planning periods that was not approved to develop a portion of the locality’s housing need shall not be deemed adequate to accommodate a portion of the housing need for lower income households in the current housing element unless the site is zoned at residential densities consistent with the City’s default density and the site is rezoned within three years of the beginning of the planning period to allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower income households.

Maintain land use policies that allow residential
growth consistent with the availability of adequate
infrastructure and public services.
2026
The Santa Maria Church site at 40 Santa Maria Way has been included in the 4th and 5th Cycle Housing Element sites inventory. The site remains vacant, zoned PS with a High-Density Overlay district. The High-Density overlay district allows residential use by right and allows for the default density of 20 dwelling units per acre. 6TH CYCLE PROGRAM:ACTION 1.K: DEVELOPMENT ON NON-VACANT SITES. Establish an outreach and coordination program to connect developers, builders, and owners of non-vacant sites. The program shall:(1) Emphasize reaching out to owners of non-vacant sites to discuss any interest in redeveloping and available incentives.(2) Marketing and advertising these sites to the development community along with any incentives that might be available.(3) Establish biennial meetings with developers and builders.

Provide for a diversity of housing types to meet
current and future needs of all residents without
compromising the semi-rural character of Orinda’s
neighborhoods.
2023; Ongoing
The Contra Costa County Collaborative (C4) provides Housing Element technical assistance to jurisdictions in Contra Costa County. City staff met with the C4 group in September 2023 to discuss implementation of Housing Element programs pertaining to outreach to local housing developers, community organizations, and at-risk groups.

Staff was advised to coordinate with neighboring jurisdictions for more effective outreach and collaboration. Staff is strategizing an approach to pool resources with other agencies to create one comprehensive notification list.

In 2024 and 2025, Staff additionally engaged with developers on a case-by-case basis for several non-vacant sites within the Downtown, including Housing Element DPP sites and non-DPP sites, to provide feedback on early proposals and development considerations.
6TH CYCLE PROGRAM:

ACTION 1.L: LOT CONSOLIDATION. The City will help facilitate lot consolidations to combine small residential lots (lots 0.5 acres or smaller) into larger developable lots by providing information on development opportunities and incentives for lot consolidation to accommodate affordable housing units available on the City’s website and discussing with interested developers. As developers/owners approach the City interested in lot consolidation and development on small lots, for the development of affordable housing, the City will offer the following incentives:
- Allow affordable projects to exceed the maximum height limits, - Lessen setbacks, and/or
- Reduce parking requirements.

The City will also offset fees (when financially feasible) and offer concurrent/fast tracking of project application reviews to developers who provide affordable housing.

Apply high standards of quality and design to all
housing development in the city. Where multifamily
or mixed-use housing is constructed, it should
respect the context of the site and its surroundings
and make a positive contribution to the character of
Orinda.
2023-2024; Ongoing
Staff is working on identifying incentives such as reduced parking, reduced fees, and/or fast tracking of permit processing for lot consolidations identified as opportunity sites downtown.

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Packet Pg. 72
Attachment: Housing Element Annual Progress Report, Table D: Program Implementation Analysis – 2024 Calendar Year (3544 : 2024 Housing 6TH CYCLE PROGRAM:

ACTION 2.A: PRESERVATION OF AT-RISK HOUSING UNITS. As of February 2025, the city does not have any publicly assisted affordable projects at risk of converting to market rate in the next 10 years. The City shall maintain and update the affordable housing database as a mechanism to monitor and identify units at risk of losing their affordability subsidies or requirements. For complexes at risk of converting to market rate, the City shall:
- Contact property owners of units at risk of converting to market-rate housing within one year of affordability expiration to discuss the City’s desire to preserve complexes as affordable housing.
- Coordinate with owners of expiring subsidies to ensure the required notices to tenants are sent out at 3 years, 12 months, and 6 months. - Reach out to agencies interested in purchasing and/or managing at-risk units. - Work with tenants to provide education regarding tenant rights and conversion procedures pursuant to California law.

The City shall prioritize the preservation of existing
affordable housing at risk of loss of affordability
covenants as a critical means of mitigating the
displacement and loss of affordable housing units
from the City’s inventory.

Annually
The City does not currently have any publicly assisted affordable projects at risk of converting to market rate. If any publicly assisted affordable projects are identified to be at risk of being converted to market rate, then the City will monitor those units. 6TH CYCLE PROGRAM:ACTION 2.B: HOUSING REHABILITATION. Participate in Contra Costa County’s housing rehabilitation program and publicize the availability of the County’s low-interest loan programs for lower-income seniors and other households. The City will coordinate with County staff to confirm program requirements and eligibility annually. The City will continue to advertise the program on the City’s website and in its quarterly newsletter. The City will also distribute information on the program in areas of concentrated rehabilitation need or senior households, where need for the program may be greatest.

Encourage reinvestment in the city’s housing stock
by private property owners.
2023; Ongoing (as
available)
In February 2023, the City posted an informational flyer at City Hall, the Orinda Library, and on the City's website to publicize the availability of the program. A Housing Resources page was created on the City's website, and a link to the website was included in the City's quarterly newsletter that was mailed to all Orinda residents.

The City does not currently have areas of concentrated need. If areas of concentrated need are identified, then the City will mail informational flyers to those residents. The City of Orinda website includes a page for housing resources (https://cityoforinda.org/569/Housing-Resources) which links to Contra Costa County Conservation & Development's webpage
(https://www.contracosta.ca.gov/4334/Neighborhood-Preservation-Program). The County website states, "Due to overwhelming interest in the program, the Neighborhood Preservation Program currently is not taking new applications. Please continue to check back for more information."
6TH CYCLE PROGRAM:

ACTION 2.C: HOME MAINTENANCE AND REPAIR PROGRAMS. Advertise the availability of existing home maintenance, repair, and improvement programs such as the low- and zero-interest loans offered through Contra Costa County’s Neighborhood Preservation Program on the City’s website and through printed materials made available at City Hall and other public locations such as libraries.

Consider applying for additional grant funding to assist homeowners with addressing Americans with Disabilities Act (ADA) accessibility modifications to their homes.

Conduct code enforcement on a complaint-driven basis to address safety and code compliance issues. Targeted efforts to improve housing conditions in areas of need will facilitate place-based revitalization and assist in reducing displacement risk for these residents by improving living conditions and enabling them to remain in their home and community.

Maintain code enforcement programs to ensure that
all housing units are safe and sanitary and
contribute positively to the city’s character. Require
abatement of housing nuisances, consistent with
provisions of the Orinda Municipal Code.

Ongoing (as available)
In January 2023, the City posted information on the City's website to publicize the availability of the program. In February 2023, the City posted an informational handout at City Hall and the Orinda Library to publicize the availability of the program.

The City of Orinda website includes a page for housing resources (https://cityoforinda.org/569/Housing-Resources) which links to Contra Costa County Conservation & Development's webpage
(https://www.contracosta.ca.gov/4334/Neighborhood-Preservation-Program). The County website states, "Due to overwhelming interest in the program, the Neighborhood Preservation Program currently is not taking new applications. Please continue to check back for more information."
The City of Orinda has a dedicated Staff person to address complaint driven Code Enforcement complaints on a regular basis.

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Packet Pg. 73
Attachment: Housing Element Annual Progress Report, Table D: Program Implementation Analysis – 2024 Calendar Year (3544 : 2024 Housing 6TH CYCLE PROGRAM:

ACTION 2.D: PARTICIPATION IN FIRST-TIME HOME BUYER AND MCC PROGRAMS. Participate in the County’s First-Time Homebuyer and Mortgage Credit Certificate (MCC) programs to provide financial assistance to eligible firsttime low-income and moderate-income homebuyers. To reduce displacement risk of prospective homebuyers being priced out of the community, the City will promote the availability of these programs in areas with concentrations of renters, particularly low-income renters, through providing information materials at public buildings and locations and will post the programs on the City’s website and in City buildings.

Conserve Orinda’s existing supply of smaller and
more affordable single-family homes, including older
two- and three-bedroom homes on lots smaller than
10,000 square feet. Development standards that
encourage preservation of smaller homes on such
lots should be continued as a way to discourage
“teardowns” and maintain housing diversity.

Ongoing (as available)
In February 2023, the City posted an informational flyer at City Hall, at the Orinda Library, and on the City's website to publicize the availability of the program. The City continues to participate in the first-time homebuyer and MCC programs. As noted in the Housing Element, the City will coordinate with County staff on implementing this program more proactively into the next planning period.

The City of Orinda website includes a page for housing resources (https://cityoforinda.org/569/Housing-Resources) which links to Contra Costa County Conservation & Development's webpage
(https://www.contracosta.ca.gov/4768/Mortgage-Credit-Certificate-Program). The County website states, "Program Status Update Currently, there are no funds for this program, and we are not accepting applications at this time. Please check back with us periodically, or you may visit the CDLAC website at their website:
https://www.treasurer.ca.gov/cdlac/applications/sfh/index.asp." 6TH CYCLE PROGRAM:ACTION 2.E: REPLACEMENT HOUSING. To facilitate place-based revitalization for households at risk of displacement due to new development, the City will require replacement housing units subject to the requirements of Government Code, Section 65915, subdivision(c)(3), on sites identified in the site inventory when any new development (residential, mixed-use, or non-residential) occurs on a site that has been occupied by or restricted for the use of lower-income households at any time during the previous five years. This requirement applies to non-vacant sites and vacant sites with previous residential uses that have been vacated or demolished.

The City shall prioritize the preservation of existing
affordable housing at risk of loss of affordability
covenants as a critical means of mitigating the
displacement and loss of affordable housing units
from the City’s inventory.

Ongoing
The City does not currently have any households at risk of displacement due to new development. The City will continue to monitor any households at risk for displacement.
6TH CYCLE PROGRAM:

ACTION 3.A: SHARED HOUSING PROGRAM. Participate in the Eden Council for Hope and Opportunity (ECHO) housing’s “Shared Housing” or some similar program as a way to improve housing opportunities for lower-income seniors and extremely low-income Orinda residents.

Work with ECHO, which serves residents throughout the East Bay. The shared housing program matches persons needing housing with homeowners who have available space. The City will explore the feasibility of engaging ECHO or some similar organization to start a comparable program in Orinda. ECHO also provides counseling on shared living, supportive services, and information and referral, as well as educational workshops on home sharing. Implementing this program will support the City’s housing mobility efforts to increase access to high-resource neighborhoods in Orinda for extremely low-income households in Orinda and from other areas of Contra Costa County that otherwise could not afford to live in Orinda, including single seniors on fixed incomes, persons with physical or developmental disabilities, and young adults seeking employment.

Encourage the sharing of housing units by
homeowners seeking to age in place or supplement
their income. Shared housing can provide an
important resource for seniors, young adults, and
others in the community who cannot afford their own
home or apartment.

Ongoing
The Contra Costa County Collaborative (C4) provides Housing Element technical assistance to jurisdictions in Contra Costa County. City staff met with the C4 group in September 2023 to discuss implementation of Housing Element programs pertaining to outreach to local housing developers, community organizations, and at-risk groups.

Staff was advised to coordinate with neighboring jurisdictions for more effective outreach and collaboration. Staff is strategizing an approach to pool resources with other agencies to create one comprehensive notification list.

Staff intends, in the near future, to take action to pursue a partnership with ECHO or other similar programs to establish a shared senior housing program in Orinda. The City will join in the County program in the future, based on available funding and staffing.

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Packet Pg. 74
Attachment: Housing Element Annual Progress Report, Table D: Program Implementation Analysis – 2024 Calendar Year (3544 : 2024 Housing 6TH CYCLE PROGRAM:ACTION 3.B: EXTREMELY LOW-INCOME HOUSING.

Encourage additional housing resources for extremely low-income Orinda residents, particularly seniors and persons with physical or developmental disabilities, through a variety of actions, including:- Facilitate and encourage the construction of housing affordable to extremely low-income households by assisting nonprofit and for-profit developers with financial and/or technical assistance in a manner that is consistent with the City’s identified housing needs.- Provide financial support annually, as available, to organizations that provide counseling, information, education, support, housing services/referrals, and/or legal advice to extremely low-income households, persons with disabilities, and persons experiencing homelessness.- Expand regulatory incentives for the development of units affordable to extremely low-income households and housing for special-needs groups, including persons with disabilities (including developmental disabilities), and individuals and families in need of emergency/transitional housing. Incentives will include, but are not limited to, revisions to the Municipal Code to streamline the approval process for extremely low- income housing and proposals to exempt such housing from certain impact fees. Amendments will be completed, and fee waivers will be determined by December 2024.- The City will provide financial support annually, as available, to organizations that provide counseling information, education, support, housing services/referrals, and/or legal advice to extremely low-income households to mitigate risk of displacement and support housing stability for extremely lowincome households, persons with disabilities, and persons experiencing homelessness.

Ensure compliance with state regulations regarding
zoning for emergency shelters and other provisions
to ensure housing opportunities for extremely lowincome Orinda households or those residents who are in crisis or in need of emergency assistance.
2024; Ongoing
The Monteverde Senior Apartments development completed in 2014 includes units reserved for extremely low-income persons with a tenant selection process that focuses on extremely low-income households.On August 16, 2022, the Orinda City Council adopted Resolution 41-22, approving the Vista Verde Community Housing Project, a 100% affordable senior development (52 units deed restricted for very-low to moderate income seniors and 1 non-deed restricted caretakers quarters).Exemptions and DeferralsAffordable Housing Exemptions: Per Orinda Municipal Code Sections 3.20.040, 3.24.040, and 3.28.240, affordable housing projects are exempt from impact fees if a 30-year affordability contract is executed with the City. This applies to the current project entitlements for 52 units at Vista Verde Senior Housing project, for instance.ADUs and Fee Deferrals: Impact fees for Accessory Dwelling Units (ADUs) are assessed in compliance with state law. All new unit impact fees are deferred until the issuance of a certificate of occupancy to reduce up-front development financing costs.The City will continue to facilitate the construction of housing affordable to extremely low-income households as projects are received. The City will consider expanding incentives for units for extremely lowincome households and special-needs groups. 6TH CYCLE PROGRAM:

ACTION 3.C: ASSISTANCE FOR PERSONS WITH DEVELOPMENTAL
DISABILITIES. The City will also coordinate with the Regional Center of the East Bay to inform Orinda families of the resources available to them and to explore incentives so that a larger number of future housing units include features that meet the needs of persons with developmental disabilities and other special needs.

The City will continue to support the development of small group homes that serve developmentally disabled adults and will work with the nonprofit community to encourage the inclusion of units for persons with developmental disabilities in future affordable housing developments. The City will coordinate housing activities and outreach with the Regional Center for the East Bay and encourage housing providers to designate a portion of new affordable housing developments for persons with disabilities, including persons with developmental disabilities, to increase housing mobility opportunities and pursue funding sources designated for persons with special needs and disabilities.

Promote the development of special-needs housing,
such as housing for seniors; housing for persons
with physical, developmental, or mental disabilities;
housing for extremely low-income persons, and
female-headed households.
2023; Ongoing
The Contra Costa County Collaborative (C4) provides Housing Element technical assistance to jurisdictions in Contra Costa County. City staff met with the C4 group in September 2023 to discuss implementation of Housing Element programs pertaining to outreach to local housing developers, community organizations, and at-risk groups.

Staff was advised to coordinate with neighboring jurisdictions for more effective outreach and collaboration. Staff is strategizing an approach to pool resources with other agencies to create one comprehensive notification list. 6TH CYCLE PROGRAM:ACTION 3.D: DEVELOPMENTAL DISABILITY
SERVICES. The City will work with the Regional Center for the East Bay to implement an outreach program that informs families within the city about housing and services available for persons with developmental disabilities. The program could include the development of an informational brochure, including information on the City’s website, and/or providing housing-related training for individuals/families through workshops. The City will then meet with disability service providers, including the Regional Center for the East Bay, to identify whether there is unmet demand anywhere in the city. If an unmet need is realized, work with providers to secure funding to expand services for persons with disabilities.

Promote the development of special-needs housing,
such as housing for seniors; housing for persons
with physical, developmental, or mental disabilities;
housing for extremely low-income persons, and
female-headed households.

Ongoing
The Contra Costa County Collaborative (C4) provides Housing Element technical assistance to jurisdictions in Contra Costa County. City staff met with the C4 group in September 2023 to discuss implementation of Housing Element programs pertaining to outreach to local housing developers, community organizations, and at-risk groups.

Staff was advised to coordinate with neighboring jurisdictions for more effective outreach and collaboration. Staff is strategizing an approach to pool resources with other agencies to create one comprehensive notification list.

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Packet Pg. 75
Attachment: Housing Element Annual Progress Report, Table D: Program Implementation Analysis – 2024 Calendar Year (3544 : 2024 Housing 6TH CYCLE PROGRAM:

ACTION 3.E: OBJECTIVE DESIGN STANDARDS. Adopt multifamily objective design standards that apply to all housing development projects for which objective standards are required and target the Downtown Precise Plan and Housing Opportunity Sites to support the development of Downtown Orinda as an attractive, mixed-use, and walkable center for Orinda.

Promote and allow multifamily residential uses
within Orinda’s Downtown. 2026; in Progress
City Council has agreed to services from a consultant to establish city wide Objective Design Standards (ODS). Several meetings occurred to develop and draft ODS for downtown housing sites. The ODS is anticipated to be adopted in 2025. 6TH CYCLE PROGRAM:

ACTION 3.F: SHARED PARKING REGULATIONS. Consider adopting shared parking regulations where it can be demonstrated that there will be no parking shortages.

This action will study provisions to allow sharing of parking where it can be demonstrated that the overall demand for the project can be met without spillover onto nearby streets. For example, residential guest parking could be shared with office or retail parking. These provisions might also consider the feasibility of shared parking agreements that enable the use of off-site parking lots.

Promote and allow multifamily residential uses
within Orinda’s Downtown. 2024-2025
The City will incorporate support for shared parking in the Objective Design Standards for Downtown, which will accompany rezonings when proposed in 2025.

The City will incorporate this action into a parking management program assessment for the downtown that will be conducted through an awarded MTC technical assistance grant (see 6th Cycle HE Implementing Action 4.E) and will consider opportunities to enhance and support shared parking initiatives. 6TH CYCLE PROGRAM:

ACTION 3.G: INCLUSIONARY HOUSING ORDINANCE. The City will research an inclusionary housing ordinance. This ordinance will identify acceptable methods to provide affordable housing such as: a) construction of housing on site, b) construction of housing off-site, c) dedication of land for housing, and d) payment of an in-lieu fee. Development of this ordinance requires an analysis of the following variables:
- Limiting the application of the ordinance to developments exceeding a certain size.
- Percentage of housing units required to be set aside as affordable. - Design and building requirements.
- Timing of affordable unit construction.
- Determination of a fee in lieu of developing affordable units. - Developer incentives, such as fee deferrals and waivers. - Administration of affordability control.

Encourage larger-scale residential developments to
include a mix of unit types, including smaller units
and units that are affordable to lower- and
moderate-income households.
2025; in Progress
On May 2, 2023, the City Council was presented with options for an inclusionary housing ordinance. On October 3, 2023, a follow-up report was presented to the City Council regarding an inclusionary housing ordinance. City Staff researched and presented some analysis of the variables identified for this program, including review of other jurisdictions for local laws. The City Council held at least 3 meetings prior to 2024. Staff selected Lisa Wise Consulting (LWC) as the consultant to provide the Economic Feasibility Study and Inclusionary Housing Ordinance/Program. On February 18, 2025, City Council approved the contract with LWC, and a kick-off meeting is scheduled for March 3, 2025.
6TH CYCLE PROGRAM:

ACTION 4.A: AMEND DEVELOPMENT STANDARDS TO REMOVE
CONSTRAINTS. The City will amend the Municipal Code as needed to allow and support:
- Emergency Shelters;
- Multifamily Residential;
- Residential Care Facilities;
- Single-Room Occupancy Units;
- Transitional and Supportive Housing;
- Low-Barrier Navigation Centers;
- Employee/Farmworker Housing.

Ensure that Orinda’s permitting and approval
processes do not unduly constrain or delay the
construction of housing. City procedures should be
consistent with Permit Streamlining Act
requirements and should not include unreasonable
fees or regulations.
2025; In Progress
The City will amend the Orinda Municipal Code to revise the standards as it pertains to emergency shelters, multi-family residential, residential care facilities, single-room occupancy units, transitional and supportive housing, low-barrier navigation centers, and employee/farmworker housing. The proposed Orinda Municipal Code changes will have gone before the Planning Commission on March 11, 2025, for a recommendation for City Council. Pending the recommendation from Planning Commission, the proposed changes are tentatively scheduled to go before the City Council in April of 2025.
6TH CYCLE PROGRAM:ACTION 4.B: DEVELOPMENT REVIEW AND
PROCESSING PROCEDURES. The City will continually seek to improve development review and procedures to minimize the time required for review and project approval. This reduction in time will reduce the cost to developers and may increase housing production in the city.

Ensure that Orinda’s permitting, and approval
processes do not unduly constrain or delay the
construction of housing. City procedures should be
consistent with Permit Streamlining Act
requirements and should not include unreasonable
fees or regulations.
2023; Annually
The City periodically reviews its processes to ensure procedures are clear and applications are processed in a timely manner per state laws. In 2024 the City contracted with Cloudpermit, a new permit tracking system that will reduce processing times and increase transparency for applicants and developers.

Cloudpermit implementation is projected for late spring/early summer 2025. 6TH CYCLE PROGRAM:

ACTION 4.C: BUILDING CODE. As new uniform codes are adopted every three years by the California Building Standards Commission, the City will review and revise its building codes for current compliance and adopt the necessary revisions to further local development objectives.

Ensure that the development standards expressed
in the City’s zoning regulations support the types of
uses and activities listed as permitted or
conditionally permitted in the Zoning Ordinance,
including housing.

Ongoing (every 3 years)
On January 17, 2023, the Orinda City Council adopted by reference the 2022 editions of the California Building Code. Staff anticipates adopting by reference the upcoming 2025 editions of the California Building Code either late 2025 or early 2026.

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Packet Pg. 76
Attachment: Housing Element Annual Progress Report, Table D: Program Implementation Analysis – 2024 Calendar Year (3544 : 2024 Housing 6TH CYCLE PROGRAM:

ACTION 4.D: INFRASTRUCTURE AVAILABILITY. The City will coordinate with the East Bay Municipal Utilities District (EBMUD) annually and as projects are proposed and apply for funding from the Community Development Block Grant (CDBG), Infill Infrastructure Grant Program, or other funding programs, as available, to fund design plans and infrastructure improvements for affordable housing projects.

Ensure that the development standards expressed
in the City’s zoning regulations support the types of
uses and activities listed as permitted or
conditionally permitted in the Zoning Ordinance,
including housing.

Annually
City staff, including the City Manager, Planning Director, and Public Works Director, have a quarterly meeting with the EBMUD Manager of Water Distribution Planning to discuss a range of issues, including current and pending development and the infrastructure needed to support such development.
6TH CYCLE PROGRAM:

ACTION 4.E: REVISED PARKING STANDARDS. To ensure parking is not a constraint on the development of housing, the City will complete the following actions:
- Review and revise current parking standards to ensure they do not constrain the development of housing, (i.e., the City will not require more than 1 parking space for a 1-bedroom unit).
- Analyze existing parking standards for residential units. Based on this analysis, consider modifications to the Zoning Ordinance to better encourage infill development.
- Review parking standards for housing for persons with disabilities and affordable housing and consider reductions.
- Consider parking reductions, eliminating parking minimums, and explore instituting parking maximums.

Ensure that the development standards expressed
in the City’s zoning regulations support the types of
uses and activities listed as permitted or
conditionally permitted in the Zoning Ordinance,
including housing.
2024-2026
As of 2025, the City has begun assessing parking standards required by MTC Transit-Oriented Communities regulations that would reduce parking requirements for development within ½ mile of the BART station. The City has additionally applied for and been awarded a $300,000 grant through MTC to conduct a parking management program assessment for the downtown and will incorporate Action 4.E requirement with the assessment.

The City is in full compliance with state rules regarding parking, including AB 2097.

New development meeting AB 2097 criteria in the Downtown is not subject to parking minimums and older approvals and changes in use have benefitted from two in-lieu parking fee holidays authorized by City Council.
6TH CYCLE PROGRAM:

ACTION 4.F: REASONABLE ACCOMMODATIONS. The City will continue to implement state requirements (Sections 4450 to 4460 of the California Government Code and Title 24 of the California Code of Regulations) to include accessibility in housing and public facilities for persons with disabilities and will review and revise findings for approving reasonable accommodation requests, specifically, the establishment, maintenance, or operation of the temporary activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the neighborhood of the proposed activity, to ensure they do not pose any barriers to housing for persons with disabilities.

Ensure that Orinda’s permitting, and approval
processes do not unduly constrain or delay the
construction of housing. City procedures should be
consistent with Permit Streamlining Act
requirements and should not include unreasonable
fees or regulations.
2022; Ongoing
Ordinance 13-03 was adopted by the City Council on December 17, 2023, to add Orinda Municipal Code Chapter 17.46 - Reasonable Accommodations. The City will continue to process Reasonable Accommodation applications as they are received.

The Fiscal Year 2024-2025 Master Fee Schedule was adopted by the City Council (Resolution 31-24) on July 16, 2024. The updated master fee schedule clearly states that reasonable accommodation requests are free.
6TH CYCLE PROGRAM:ACTION 4.G: MONITOR DEVELOPMENT FEES. The City will monitor development fees to ensure they are reasonable and do not unduly constrain development while protecting the quality, health, and public safety of the community. The City will analyze all fees required for multifamily development and reduce them if found to be a constraint. The analysis process will include meeting with multifamily developers/applicants to get their input regarding constraints associated with fees.

Ensure that Orinda’s permitting, and approval
processes do not unduly constrain or delay the
construction of housing. City procedures should be
consistent with Permit Streamlining Act
requirements and should not include unreasonable
fees or regulations.
2024; Annually
The City monitors its impact fees to avoid constraining development. Current fees include:Transportation Impact Fees: Established through a Joint Powers Authority (JPA) with Moraga and Lafayette, these fees adjust with the construction cost index and are expected to decrease in 2025. A nexus study update is anticipated in 2025 or 2026.Drainage Impact Fees: Assessed at $1.65 per square foot of new impervious surface, typically the smallest portion of impact fees for new units.Parks Dedication Fees: Based on average fair market value in Orinda, with a slight decrease in 2024.Exemptions and DeferralsAffordable Housing Exemptions: Per Orinda Municipal Code Sections 3.20.040, 3.24.040, and 3.28.240, affordable housing projects are exempt from impact fees if a 30-year affordability contract is executed with the City. This applies to the current project entitlements for 52 units at Vista Verde Senior Housing project, for instance.ADUs and Fee Deferrals: Impact fees for Accessory Dwelling Units (ADUs) are assessed in compliance with state law. All new unit impact fees are deferred until the issuance of a certificate of occupancy to reduce up-front development financing costs.

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Packet Pg. 77
Attachment: Housing Element Annual Progress Report, Table D: Program Implementation Analysis – 2024 Calendar Year (3544 : 2024 Housing 6TH CYCLE PROGRAM:ACTION 5.A: AFFIRMATIVELY FURTHERING FAIR HOUSING (AFFH). Take actions to address significant disparities in housing access and needs for all persons regardless of race, color, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, familial status, source of income, or disability and any other characteristic protected by the California Fair Employment and Housing Act. Specific actions include: - Strategies to facilitate housing mobility/expand affordable housing in high opportunity areas; - Strategies to reduce or prevent displacement/place-based revitalization strategies:- Promote multi-lingual resources and interpretation or translation services. - Work with fair housing providers that serve Orinda residents to track fair housing complaints and identify areas of fair housing law in need of increased enforcement.- Annually host outreach events throughout the community to recruit underrepresented groups to participate in the public outreach process and apply to committees.- Meet with disability service providers, including the East Bay Regional Center, to identify unmet demand and to secure funding to expand services. - Meet with developers within one year of Housing Element adoption to identify ways to encourage construction of housing units suitable for persons with disabilities (no age restriction). Strategies may include incentives such as fee waivers, parking reductions, or density bonuses.- Support affordable housing development for special-needs groups throughout the city to increase access to high resource areas, particularly in areas that are predominantly single-family residential. - Annually meet with other neighboring agencies to develop programs aimed at providing unmet services to persons with disabilities, unhoused populations, and extremely low-income households, including development of homeless shelters and related services.

Prohibit discrimination in the sale or rental of
housing to anyone on the basis of race, color,
ancestry, national origin, religion, disability, sex,
familial status, marital status, or other characteristics protected by the California Fair Employment and
Housing Act (Part 2.8 commencing with Section
12900 of Division 3 of Title 2), Government Code
Section 65008, and any other state and federal
housing and planning law.
2023; In Progress/
Ongoing
The Contra Costa County Collaborative (C4) provides Housing Element technical assistance to jurisdictions in Contra Costa County. City staff met with the C4 group in September 2023 to discuss implementation of Housing Element programs pertaining to outreach to local housing developers, community organizations, and at-risk groups.

Staff was advised to coordinate with neighboring jurisdictions for more effective outreach and collaboration. Staff is strategizing an approach to pool resources with other agencies to create one comprehensive notification list. City has assessed Affirmatively Furthering Fair Housing policies in relation to the MTC Transit-Oriented Communities policy and projects development of an ordinance pertaining to the Action 5.A. requirements in 2025.
6TH CYCLE PROGRAM:

ACTION 6.A: PROMOTE ENERGY CONSERVATION. Promote energy efficiency in existing housing and new development:
- PG&E offers assistance to low-income households who want to make their homes energy efficient through the Energy Savings Assistance Program - EBMUD offers free conservation items to single and multi-family households, including shower diverters, hose nozzles and both bathroom and kitchen faucet aerators
- Encourage developers to be innovative in designing energy-efficient homes and improving the energy efficiency of new construction.
- Promote the EDMUD Customer Assistance Program that assists qualified lowincome residents with one-time water bill payments as well as eligible homeless shelters
- Promote California’s Low-Income Weatherization Program, which provides lowincome households with solar photovoltaic (PV) systems and energy efficiency upgrades at no cost to residents
Encourage the use of energy conservation features
in residential construction, rehabilitation, and
remodeling.
2023; In Progress/
Ongoing
In February 2023, the City posted informational flyers at City Hall, the Orinda Library, and on the City's website (https://cityoforinda.org/569/Housing-Resources) to publicize the availability of energy efficiency programs provided by PG&E, EBMUD, and the state of California. The City will continue to update the flyers and website as new information becomes available, and will provide the information when responding to inquiries. Beginning March 2025, Planning approvals include a link to the City's Housing Resources website.

City of Orinda Planning Staff are participating in Contra Costa County's new AllElectric Working Group, working towards promoting energy conservation in existing structures.

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Attachment: Housing Element Annual Progress Report, Table D: Program Implementation Analysis – 2024 Calendar Year (3544 : 2024 Housing City Council
Staff Report
Agenda Item: G.1
Date: March 18, 2025
Department: Finance
AGENDA TITLE: Refunding Special Tax Bonds for the Orinda Wilder Community Facilities District by the California Statewide Communities Development Authority RECOMMENDATION:

Adopt Resolution 15-25 Authorizing the California Statewide Communities Development Authority (CSCDA) to issue special tax revenue bonds to refund existing special tax bonds (Refunding Bonds) for the Orinda Wilder Community Facilities District (CFD) within the territory of the City of Orinda, and authorizing staff to cooperate with CSCDA, to execute and deliver such closing certificates, requisitions, agreements and related documents required to issue the Bonds, to refund the Prior Bonds, and to evidence compliance with the requirements of federal and state law.

BACKGROUND:

In 2007, the City authorized CSCDA to issue CFD bonds for the Orinda Wilder project to finance improvements and impact fees in the amount of $37,500,000. There is an opportunity to refinance the reaming outstanding bonds, resulting in savings to Orinda taxpayers.

In 2015, CSCDA refunded the bonds in the amount of $33,015,000 of which the savings attributed to the refunding were passed along to Orinda Wilder homeowners.

DISCUSSION:

Currently, $6,335,000 remains outstanding on the bonds, and due to the favorable interest rate environment, CSCDA is recommending the bonds be refunded. The refunding is estimated to generate approximately 8.4% in present-value savings, with a total cashflow savings of approximately $843,1278 (preliminary estimate subject to change. Estimates based on current market interest rates). There are 71 homes in the Orinda Wilder CFD who have not prepaid the special tax. Therefore, the savings per home will be approximately $989 per year and $11,875 total for the remaining 12-year term of the bonds.

This will be the last refunding as the end of the bond term is 30 years or 2037.

Resolution 15-25, included as Attachment A, accomplishes the following:
• Authorizes the CSCDA to issue the Refunding Bonds at no cost to the City and without binding or obligating the City’s general fund or taxing authority; G.1
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• Provides that CSCDA is the issuer of any bonds and is fully responsible for their issuance and administration;
• Allows CSCDA to pool the refunding of the Prior Bonds with other obligations for various community facilities districts and assessment districts across the State of California in order to reduce issuance costs and further lower interest rates for the refunding;
• Authorizes the City Manager or their designee to cooperate with CSCDA and to execute certificates and documents in connection with the future bond issuance for the CFD.

NEXT STEPS:

Staff will work with CSCDA to issue the refunding bonds resulting in savings to Orinda taxpayers.

FISCAL IMPACT:

There is no fiscal impact to the City related to this item. All the costs associated with the Refunding Bonds will be covered by the financing. Other than Staff time, there is no cost to the City’s General Fund related to the adoption of the attached resolution.

ATTACHMENTS:

A. Resolution 15-25 Authorizing the California Statewide Communities Development Authority (CSCDA) to issue special tax revenue bonds to refund existing special tax bonds and related actions
Respectfully Submitted by:

Douglas Alessio
Assistant City Manager
Prepared By: Douglas Alessio, Assistant City Manager
Approved by:

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BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In The Matter Of:

Resolution Authorizing the California )
Statewide Communities Development )
Authority to issue special tax bonds to )
refund exiting special tax bonds for the )
Orinda Wilder Community Facilities )
District within the territory of the City of )
Orinda, and authorizing staff to )
cooperate with the Authority to execute )
and deliver closing certificates, )
requisitions, agreements and related )
documents required to issue the Bonds, )
to refund the Prior Bonds, and to )
evidence compliance with Federal and )
State law. ) Resolution No. 15-25

WHEREAS, the California Statewide Communities Development Authority (the “Authority”) is a joint exercise of powers authority the members of which include numerous cities and counties in the State of California, including the City of Orinda (the “City”); and WHEREAS; the City has previously adopted a resolution (the “Prior Resolution”) to authorize the Authority to form a community facilities district within the territorial limits of the City and entered into a joint community facilities agreement (the “Joint Community Facilities Agreement”) with the Authority setting forth the terms and conditions of a community facilities district financing; and
WHEREAS, pursuant to the Prior Resolution and the Joint Community Facilities Agreement, the Authority previously formed the California Statewide Communities Development Authority Community Facilities District No. 2007-01 (Orinda Wilder Project), County of Contra Costa, State of California (the “District”); and WHEREAS; on December 18, 2007, the Authority, for the District, issued the Community Facilities District No. 2007-01 (Orinda Wilder Project) Special Tax Bonds, Series A (2007) (the “2007 Bonds”) under the Mello-Roos Community Facilities Act of 1982 (the “MelloRoos Act”) to finance or refinance certain public infrastructure and pay certain development impact fees needed to mitigate the impacts of the development of property within the District; and
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Attachment: Resolution 15-25 Authorizing the California Statewide Communities Development Authority (CSCDA) to issue special tax revenue WHEREAS, on July 15, 2015, the Authority, for the District, issued the Community Facilities District No. 2007-01 (Orinda Wilder Project) Special Tax Refunding Bonds, Series 2015 (the “2015 Bonds”) under the Mello-Roos Act to refund the 2007 Bonds (such bonds, together with the 2015 Bonds and any bonds issued to refund such bonds in the future, the “Prior Bonds”) to effect debt service savings; and WHEREAS, the Authority now desires to issue special tax revenue bonds (the “Bonds”) pursuant to the Marks-Roos Local Bond Pooling Act of 1985, consisting of Article 4 (commencing with Section 6584) of Chapter 5, Division 7, Title 1 of the California Government Code (the “Act”) to effect the refunding of the Prior Bonds, which will provide additional savings to property owners within the District; and WHEREAS, refunding of the Prior Bonds through the Act will allow the Authority to pool the refunding of the Prior Bonds with other obligations for community facilities districts and assessment districts across the State of California to reduce issuance costs and further lower interest rates for such refunding; and
WHEREAS, the Authority has requested that the City authorize the issuance of the Bonds pursuant to the Act; and
WHEREAS, the issuance of the Bonds by the Authority to effect the refunding of the Prior Bonds will provide significant public benefits, including savings in effective interest rate, bond preparation, bond underwriting and bond issuance costs and the more efficient delivery of local agency services to residential and commercial development within the City
WHEREAS, pursuant to Government Code Section 6586.5, notice was published at least five days prior to the adoption of this resolution at a public hearing, which was duly conducted by this Council concerning the significant public benefits of the issuance of revenue bonds by the Authority and the refinancing of public capital improvements within the District;
NOW, THEREFORE, BE IT RESOLVED that the Orinda City Council authorizes the California Statewide Communities Development Authority to issue special tax revenue bonds to refund existing special tax bonds (Refunding Bonds) for the Orinda Wilder Community Facilities District within the territory of the City of Orinda, and authorizes staff to cooperate with the Authority, to execute and deliver such closing certificates, requisitions, agreements and related documents required to issue the Bonds, to refund the Prior Bonds, and to evidence compliance with the requirements of federal and state law.

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Attachment: Resolution 15-25 Authorizing the California Statewide Communities Development Authority (CSCDA) to issue special tax revenue Adopted by the City Council of the City of Orinda at a regular meeting on March 18, 2025, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
__________________________
Latika Malkani, Mayor
ATTEST:
_____________________________
Sheri Marie Smith, City Clerk
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Attachment: Resolution 15-25 Authorizing the California Statewide Communities Development Authority (CSCDA) to issue special tax revenue City Council
Staff Report
Agenda Item: H.1
Date: March 18, 2025
Department: Planning Department
AGENDA TITLE: Certify the Plan Orinda Revised Final Environmental Impact Report and Take Other Related Actions Pursuant to the California Environmental Quality Act (CEQA), and Address all the Remaining Requirements of the August 22, 2024 Writ of Mandate (Writ) Issued by the Contra Costa County Superior Court with Regard to the Housing Element Update, Safety Element Update, and Downtown Precise Plan RECOMMENDATION:

1. Adopt City Council Resolution 13-25 with the following actions pursuant to CEQA:
a. Certify the Revised Final Environmental Impact Report for Plan Orinda (the “Project”);
b. Adopt Revised Findings under CEQA;
c. Adopt a Revised Statement of Overriding Considerations for the Housing Element Update and the Safety Element Update for those impacts that were found to be significant and unavoidable;
d. Adopt and incorporate all the mitigation measures for the Project; and e. Adopt the Revised Mitigation Monitoring and Reporting Program for the Project.

2. Adopt City Council Resolution 14-25 addressing all the remaining requirements of the August 22, 2024, Writ of Mandate (“Writ”) issued by the Contra Costa County Superior Court with regard to the Housing Element Update, Safety Element Update, and Downtown Precise Plan.

The proposed resolution includes Staff’s recommendation that the Council:
a. Consider whether to pursue revisions to the 2023-2031 (6th Cycle) Housing Element
b. Update or Safety Element Update and opt not to do so, and c. Opt to pursue potential revisions prior to any re-adoption of the DPP and direct staff that any DPP revisions should comply with State housing laws and also reflect wildfire evacuation concerns.
d. Direct the City Attorney to file with the Court a Final Return to the Writ specifying the actions taken to comply with its terms.

BACKGROUND:

Plan Orinda is a citywide planning effort that includes the Downtown Precise Plan (rescinded), the 6th Cycle Housing Element Update, and the Safety Element Update.

The Housing Element and Safety Element are two State-mandated components of the H.1
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City’s General Plan, which serves as the blueprint for Orinda’s long-term vision for growth and development.

The Housing Element, required by State law, must be updated every eight years to ensure the City plans for its fair share of regional housing needs as determined by the State and the Association of Bay Area Governments (ABAG). The latest Housing Element update was adopted after an extensive multi-year public engagement process, during which the City worked with residents, stakeholders, and regional agencies to develop policies and identify sites to accommodate the mandated housing targets. The Safety Element, which must be updated concurrently with the Housing Element, addresses hazards such as wildfires, earthquakes, and climate resilience. The entirety of the Plan Orinda process was evaluated through an Environmental Impact Report (EIR) to assess potential impacts and inform decision-making. The City maintains a comprehensive set of resources and background materials on the Plan Orinda effort, available at www.planorinda.com.

On January 31, 2023, the City Council certified the Plan Orinda EIR, adopted a Statement of Overriding Considerations, adopted Findings under CEQA, and approved the Housing Element, Safety Element, and Downtown Precise Plan.

On March 3, 2023, a group called Orindans for Safe Emergency Evacuation or “OSEE” filed a lawsuit challenging the City’s approval of Plan Orinda and its certification of the Final EIR, alleging that the City’s actions violated the California Environmental Quality Act or “CEQA.” The challenge focused on wildfire evacuation impacts and the application of specific mitigation measures. This action was filed in the Contra Costa Superior Court as Case No. N23-0579. Additional information on the Plan Orinda Litigation may be found here: https://www.cityoforinda.org/617/Plan-Orinda-Litigation.

On February 22, 2024, the Contra Costa Superior Court issued a minute order identifying specific deficiencies related to the EIR’s analysis of wildfire evacuation and the Statement of Overriding Considerations.

On August 22, 2024, the Contra Costa Superior Court issued a writ of mandate ("Writ") ordering the City to “set aside the certification of the Plan Orinda Environmental Impact Report (“EIR”), the adoption of the Statement of Overriding Considerations challenged in this case, and approval of the Downtown Precise Plan (“DPP”)” within sixty (60) days of service of the Writ. The Writ did not require the City to rescind any Project approvals for Plan Orinda other than certification of the EIR, adoption of the Statement of Overriding Considerations, and approval of the DPP. For example, the Writ did not require the City to rescind the City’s approval of the 2023-2031 (6th Cycle) Housing Element Update or the Safety Element Update.

On September 6, 2024, OSEE served the Writ on the City. Subsequently, on October 9, 2024, the City Council adopted Resolution No. 47-24, which timely complied with the portion of the Writ requiring it to set aside the certification of the Plan Orinda EIR, adoption of the Statement of Overriding Considerations, and approval of the DPP.

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The Writ further required the City to satisfy these requirements:
a. Prepare and certify a revised Final EIR pursuant to CEQA Guidelines 15089 and 15090;
b. Revise the mitigation monitoring and reporting program adopted by Respondent in Orinda City Council Resolution 07-23;
c. Revise the CEQA findings adopted by Respondent in Orinda City Council Resolution 07-23;
d. Revise the Statement of Overriding Considerations adopted by Respondent in Orinda City Council Resolution 07-23;
e. At a public meeting or meetings of the City Council, consider whether to approve the revised documents described in …(a)-(d), above; and consider whether to pursue revisions to the 2023-2031 (6th Cycle) Housing Element Update, or Safety Element Update, adopted by Orinda City Council Resolution No. 09-23, and/or the DPP adopted by Orinda City Council Resolution No. 08-23; and f. File and serve a return to the Writ specifying the actions taken to comply with the terms of this Writ.

In compliance with the court's judgment, the City revised portions of Section 4.14, addressing wildfire evacuation impacts, and Section 6, concerning evacuation impacts in the alternatives analysis. These revisions did not identify new or more severe impacts, but provided clarifications required by the court. On October 23, 2024, the City circulated these revisions as the Plan Orinda Partially Revised Environmental Impact Report for a 45-day comment period.

DISCUSSION:

The City Council is being asked to make a decision on the Revised Final Environmental Impact Report (EIR) for Plan Orinda (Attachment C). The Revised Final Environmental Impact Report (Revised Final EIR) was prepared for Plan Orinda and consists of the Draft EIR (2022) as revised by the Partially Revised EIR (2024), the Response to Comments on the Draft EIR (2023), an Addendum dated March 21, 2023, the Response to Comments on the Partially Revised EIR (2025), and the Errata (2025). The Revised Final EIR identifies significant environmental impacts that will result from implementation of the Project.

The California Environmental Quality Act (CEQA) requires public agencies to consider the environmental impacts of a project before making a decision on a discretionary action or project. The purpose of CEQA is to inform decision makers and members of the public regarding potential environmental impacts. If it is determined that a project or activity may have a significant effect on the environment, an Environmental Impact Report (EIR) must be prepared.

An EIR is an informational document that describes the significant environmental effects of a project, identifies possible ways to minimize the significant impacts, and describes reasonable alternatives to the project. A Program EIR is prepared when a plan or program has multiple components that are related geographically, through applications of rules or regulations, or as logical parts of a long-term plan. A Program EIR was H.1
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prepared for the DPP (currently rescinded), Housing Element Update, and Safety Element Update.

EIR Process
Below is a summary of the required CEQA environmental review process that has been completed. A more detailed discussion of this process can be found in the Revised Final EIR, the Draft EIR (2022), and the Partially Revised EIR (2024).

Final EIR 2022-2023

1. Notice Of Preparation – Once it is determined that an EIR is required, a Notice of Preparation (NOP) must be filed to solicit input on the EIR scope to the State Clearinghouse, other concerned agencies, and parties previously requesting notice in writing. The NOP must also be posted in the County Clerk’s office. State Clearinghouse No. 2022010392 was assigned to the Plan Orinda EIR (CEQA Guidelines Section 15082; Public Resources Code [PRC] Section 21092.2).

2. Draft EIR – The draft EIR must include a) a table of contents; b) summary; c) project description; d) environmental setting; e) discussion of significant impacts; f) a discussion of project alternatives; g) mitigation measures; and h) a discussion of irreversible changes.

3. Notice of Completion/Notice of Availability – A Notice of Completion (NOC) must be filed with the State Clearinghouse when a draft EIR is complete, and a Notice of Availability (NOA) must be published. The NOC must be posted in the County Clerk’s office for 30-days (PRC Section 21092) and must also be sent to anyone requesting it (CEQA Guidelines Section 15087). The draft EIR public review period must be a minimum of 45-days.

4. Final EIR – The Final EIR must include a) the draft EIR; b) copies of comments received during the draft EIR public review period; c) list of persons and entities commenting; and d) a response to timely comments on the draft EIR.

Partially Revised EIR 2024-2025

1. Notice of Completion/Notice of Availability – A second NOC was filed and the NOA was published for the draft Partially Revised EIR on October 23, 2024.

2. Revised Final EIR – The Revised Final EIR was issued on March 7, 2025, more than 10 days in advance of the March 18, 2025, City Council meeting at which certification will be considered.

Partially Revised EIR
This and ensuing sections will focus on the Partially Revised EIR. Details for the Final EIR 2022-2023 were presented at the January 31, 2023 City Council hearing at which the City Council originally approved Plan Orinda, and may be found at:
https://orindaca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=2349.

The Partially Revised EIR was released for a 45-day public review period on October 23, 2024.

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To address the Court’s finding that the EIR’s analysis of the Project’s impacts to wildfire evacuation was insufficiently clear, the Partially Revised EIR1revises Section 4.14 of the EIR in three ways.

First, it clarifies the thresholds of significance. Rather than analyzing all the Project’s evacuation impacts under the threshold of whether the Project would “substantially impair an adopted emergency response plan or emergency evacuation plan,” the Partially Revised EIR includes an additional threshold: whether the Project would substantially increase emergency evacuation constraints.

Second, the Partially Revised EIR includes a more detailed analysis of whether the Project would substantially impair an adopted emergency response plan or emergency evacuation plan. This more detailed analysis specifically lists each adopted plan and its relevant policies and concludes that the Project would not substantially impair them.

Third, a supplemental evacuation analysis was prepared by Place Works in 2024 to analyze how the buildout under Plan Orinda would impact the City’s already constrained intersections during a wildfire emergency evacuation. This supplemental analysis follows the same methodology as the 2022 Evacuation Analysis prepared in conjunction with Plan Orinda to comply with Government Code § 65302.15. However, in addition to assessing existing constraints in three different wildfire evacuation scenarios, the supplemental evacuation analysis also analyzes the constraints assuming buildout of Plan Orinda. The 2024 Supplemental Evacuation Analysis is included as Appendix WFR of the Partially Revised EIR
(https://www.cityoforinda.org/DocumentCenter/View/4976/Plan-Orinda-PartiallyRevised-EIR#page=73).

The Partially Revised EIR clarifies that the Project would have a significant impact under this threshold (i.e., the Project would substantially increase emergency evacuation constraints) if it would cause an increase in the level of service (LOS) constraint (e.g., from LOS D to LOS E, or from Constrained to Very Constrained) at one or more affected intersections utilized for evacuation. In this way, the supplemental evacuation analysis clarifies, confirms, and supports the EIR’s conclusion that the Project would have a significant impact on wildfire evacuation.

The Partially Revised EIR also addresses the Court’s finding that the scope of Mitigation Measure WFR-1 was ambiguous by clarifying that this measure will be applied to all development under Plan Orinda.

The Partially Revised EIR revises the portions of Section 6 relating to wildfire evacuation to include the results of the supplemental evacuation analysis, which also analyzed how the buildout under the three alternatives (the No Project Alternative and the two buildout alternatives) would impact the City’s already constrained intersections during a wildfire emergency evacuation. Other minor clarifying edits are made in Sections 4.14 and 6.

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Revised Final EIR Organization
The Revised Final EIR provides written responses to each comment received during the Partially Revised EIR public comment period. It additionally lists all revisions made to the Partially Revised EIR after the comment period ended within the Errata section. A total of 15 written comments were received during the Partially Revised EIR public comment period, two from public agencies and 13 from members of the public.

The Final Revised EIR includes three chapters:

1. Introduction – An overview of the purpose, environmental review process, and document organization.

2. Responses to Comments on the Plan Orinda PREIR. This chapter includes two sections:

1. Topical Responses – Written responses to similar comments received by multiple commenters. These responses are aggregated to provide one succinct response for each subject area.

2. Written Comments and Responses – Reproductions of all comment letters received on the Partially Revised EIR. A written response for each CEQArelated written comment received during the public review period is provided. Each response is keyed to the corresponding comment.

3. Errata – Each proposed text change within the Partially Revised EIR, listed by page number in the Draft EIR.

The Revised Final EIR also includes Attachment 1: Follow-Up Evacuation Analysis, which provides additional information about the impacts resulting from development of just those sites designated in Plan Orinda as “Housing Element Sites.” This adds one buildout scenario to the prior 2024 Supplemental Evacuation Analysis that assumes that only the 26 Housing Element Sites in Downtown are developed to their full residential capacities, rather than all 87 sites included in the DPP.

In preparing the Revised Final EIR, City staff considered carefully all submitted comments, made revisions to the Partially Revised EIR, and added ten new mitigation measures related to wildfire evacuation in response to requests from the public. While these new mitigation measures will not reduce Plan Orinda’s impacts on wildfire evacuation to a level of insignificance, they will:

1. Provide greater transparency to the public about what the City is doing to improve wildfire safety;

2. Ensure ongoing coordination with other agencies, including MOFD, to better prepare for wildfire emergencies;

3. Commit the City to funding a staff position charged with public outreach about wildfire preparedness, prevention and evacuation; and

4. Commit the City to pursuing existing and future funding opportunities so that the City can pursue roadway and other improvements that will reduce evacuation constraints.

These new measures are included in the Revised Final EIR, Topical Response 7: New or Additional Mitigation Measures, and in the Revised Mitigation Monitoring and Reporting Program.

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The Partially Revised EIR also includes a discussion of other actions the City is currently taking to improve wildfire evacuation safety. For example, the City administers initiatives funded by Measure R that include a community wood chipping program, a fire fuels reduction incentive program, and the hiring of a Wildfire Education and Outreach Coordinator. The City also coordinated regional efforts to implement a grant-funded Signal Synchronization System and to update evacuation plans through the Caltrans Transportation Sustainability Grant Application. Additionally, the City implemented Miner Road contraflow regulations to assist evacuation efforts as well as a policy prohibiting right-of-way parking on Red Flag Days.

EIR Actions
Consistent with the court’s judgment, the following actions need to occur following publication of the Final EIR:

1. Certification of Revised Final EIR – The City Council must certify that: a) the Revised Final EIR has been completed in compliance with CEQA; b) the Revised Final EIR was presented to the City Council; and c) the City Council has reviewed and considered the information in the Revised Final EIR (CEQA Guidelines Section 15090).

3. Revised Findings/Statement of Overriding Considerations – For each significant impact identified in the EIR, the City Council must find, based on substantial evidence, that either: a) the project has been changed to avoid or substantially reduce the magnitude of the project; b) changes to the project are within another agency’s jurisdiction and such changes have or should be adopted; or c) specific economic, social, or other considerations make the mitigation measures or project alternatives infeasible (CEQA Guidelines Section 15091).

The Revised CEQA Findings have been prepared and a Revised Statement of Overriding Considerations has been written describing the reasons for supporting the City’s decision. The Revised CEQA Findings and Revised Statement of Overriding Considerations are included as Exhibit A-1 within Proposed City Council Resolution 13-25 (Attachment A). Because staff is recommending that the City Council not reapprove the DPP at this time, the Revised Statement of Overriding Considerations addresses the overriding considerations for the City's previous approval of the Safety Element and Housing Element Updates, but not the DPP.

4. Revised Mitigation Monitoring Reporting Program – A reporting or monitoring program must be adopted for measures that were adopted or made conditions of project approval to mitigate significant effects. The Revised MMRP is included as Exhibit A-2 within Proposed City Council Resolution 13-25 (Attachment A).

Housing Element Update & Safety Element Update
The City Council is being asked to consider whether to pursue revisions to the 2023- 2031 (6th Cycle) Housing Element Update or Safety Element Update. Staff recommends that City Council find that no revisions are needed or appropriate to either Update. The Department of Housing and Community Development has already certified the Housing Element Update. Thus, any modification would require further HCD H.1
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approval. Rescinding the Housing Element Update would place the City out of compliance with state Housing Element Law and would result in the City losing certain grant funding opportunities as well as land use control over certain housing development projects (“builder’s remedy”).

Downtown Precise Plan
The City Council is also being asked to consider whether to pursue revisions to the DPP, which was adopted by Council Resolution No. 08-23 and later rescinded by Council Resolution No. 47-24. Staff recommends that the City Council opt to pursue potential revisions prior to any readoption of the DPP. Prior to readoption, Staff would need to evaluate options and propose changes to the DPP to ensure compliance with state housing laws, reflect any changes to local, regional, and state policies, and reflect wildfire evacuation concerns. See, for example, the update staff provided to the Council at its January 21, 2025 meeting titled “Overview of the Metropolitan Transportation Commission’s Transit-Oriented Communities Policy and Orinda's Compliance Status” ( https://orindaca.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=2665&Me diaPosition=&ID=3499).

To be clear, this process to consider possible revisions to the DPP cannot and will not delay or undermine in any way the City’s full and timely compliance with commitments to meet the City’s Regional Housing Needs Allocation (RHNA) as detailed in its certified Housing Element.

Objective Design Standards for the Downtown
The draft Objective Design Standards for the Downtown were previously presented as an attachment to the DPP but have independent utility and need not be part of that document. Staff intends to bring these standards back to the Council for consideration in conjunction with proposed Downtown rezonings for sites identified in the Housing Element to meet the City’s RHNA, prior to and separate from the DPP.

NEXT STEPS:

A CEQA Notice of Determination (NOD) will be filed with the County Clerk pursuant to CEQA Guidelines. A Final Return to the Writ will be filed with the Court specifying the actions taken to comply with its terms and will include copies of Resolutions 13-25 and 14-25 (Attachments A & B). City staff will promptly proceed with items necessary for implementation of the Housing Element, including required rezonings to be compliant with the 2026 State deadline. Staff will also work on possible revisions to the DPP, which would come back to the City Council for review and approval.

FISCAL IMPACT:

There are no direct costs associated with the recommended action.

ATTACHMENTS:

A. Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring Report
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B. Proposed City Council Resolution 14-25 - Addressing the Remaining Requirements of the Writ of Mandate
C. Weblink: Revised Final Environmental Impact Report
Respectfully Submitted by:

Lashun Cross
Planning Director
Prepared By: Darin Hughes, Associate Planner
Approved by:

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RESOLUTION NO. 13-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA CERTIFYING THE

REVISED FINAL EIR FOR PLAN ORINDA (WHICH INCLUDES THE HOUSING ELEMENT UPDATE, SAFETY ELEMENT UPDATE, AND THE DOWNTOWN PRECISE PLAN);

ADOPTING REVISED FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA); ADOPTING A REVISED STATEMENT OF OVERRIDING CONSIDERATIONS FOR THOSE IMPACTS THAT WERE FOUND TO BE SIGNIFICANT AND UNAVOIDABLE;

ADOPTING AND INCORPORATING INTO THE PROJECT ALL OF THE MITIGATION MEASURES FOR THE PROJECT; AND ADOPTING A REVISED MITIGATION MONITORING

AND REPORTING PROGRAM (REVISED MMRP)

THE CITY COUNCIL OF THE CITY OF ORINDA DOES HEREBY FIND, ORDER, AND RESOLVE AS FOLLOWS:

Section 1. Recitals
A. On April 7, 2020, the City Council authorized City staff to enter into a Service Contract with Rincon Consultants, Inc to prepare the Environmental Impact Report (EIR) for Plan Orinda, which now includes the Downtown Precise Plan (DPP), the 2023-2031 (6th Cycle) Housing Element Update, and the Safety Element Update.

B. On January 4, 2022, the City published a Notice of Preparation (NOP) for the Plan Orinda EIR, and distributed the NOP for a public comment period, beginning on January 4, 2022 and ending on February 24, 2022 [State Clearinghouse (SCH) No. 2022010392].

C. On January 20, 2022, the City held a virtual EIR scoping meeting during the regularly scheduled Downtown Planning & Housing Element Subcommittee meeting at which interested members of the public provided input on issues that should be addressed, analyzed, and considered in the Plan Orinda EIR.

D. On March 14, 2022, the City initiated consultation with 11 Native American tribes in accordance with California Public Resources Code § 21080.3.1 and California Public Resources Code § 65352.3 – 65352.4. Two Native American tribes requested further consultation and staff held a virtual consultation meeting individually with each tribe on May 26, 2022 and June 29, 2022. On August 23, 2022, consultation was considered closed due to a lack of response following the virtual consultation meetings, pursuant to Public Resources Code Section 21080.3.2(b).

E. On September 15, 2022, the City published a Notice of Availability (NOA) of the Draft EIR to address the specific environmental effects of implementing Plan Orinda, which analyzed land use changes that would plan for approximately 2,383 new dwelling units and approximately 6,672 new residents. These actions would identify capacity in Orinda to accommodate the City’s Regional Housing Needs Allocation (RHNA) of 1,359 units (1,506 with 25% buffer). The NOA announced that the Downtown Planning & Housing Element Subcommittee would hold a public meeting to receive comments on the adequacy of the Draft EIR.

F. On September 15, 2022, the City published and circulated the Draft Plan Orinda EIR for a 45-day public review period, starting September 15, 2022 and ending October 31, 2022.

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Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring The Draft EIR analyzed the Project, which includes five possible Housing Element Sites outside of the DPP Plan Area. These sites are distributed in the southwest portion of the City and would involve rezoning that would allow for 20 to 25 dwelling units per acre (du/ac) on most sites (HE-1 through HE-4) and 20 to 40 du/ac on the Caltrans –Gateway site (HE5). Within the DPP Plan Area, 43 parcels are identified as potential sites for residential development, either as vertical mixed-use or horizontal mixed use (i.e., allowing either commercial or residential development without a requirement that it be vertically). Within the DPP Plan Area, there are 33 parcels identified as commercial or office development sites which would be rezoned to either Downtown Core or Downtown General designations and would allow for the addition of residential development. In addition to the Project, the Plan Orinda EIR included an assessment of three alternatives:

Alternative 1 is the No Project Alternative. The No Project Alternative assumes there is no change in zoning or General Plan land use designations for the parcels identified for development in Plan Orinda. Current uses on the sites would continue under this alternative, with future full buildout of the proposed housing and DPP sites limited by the existing zoning and General Plan designations. This alternative would not meet Orinda’s objective to plan for its assigned RHNA obligation.

Alternative 1 would generally result in similar or decreased environmental impacts compared to the proposed project, with the exception of land use and planning, which would be greater. Alternative 1 would have no significant and unavoidable impacts.

Alternative 2 would include all of the sites identified for future housing in Plan Orinda in the Downtown Precise Plan (DPP) area as well as future housing at the BART A and BART B sites as outlined in EIR Tables 2-4 and 2-5 in Section 2, Project Description. This alternative would not include Housing Element sites HE-1, HE-2, HE-3, or HE-5. This alternative would result in approximately 2,941 new dwelling units and approximately 8,233 new residents.

This would equate to approximately 558 more units and approximately 1,561 more new residents than the proposed project. This alternative would meet Orinda’s objective to plan for its assigned RHNA obligation.

Alternative 2 would generally result in similar or incrementally decreased environmental impacts compared to the proposed project. By including the BART sites and adding approximately 8,233 new residents to Orinda, this alternative would reduce VMT per capita; however, due to the increase in population and increased development, would create greater impacts to aesthetics, transportation and utilities and service systems. Alternative 2 would have the same significant and unavoidable impacts as the Project.

Alternative 3 would exclude all of the DPP sites identified for future housing in the EIR but would include planning for future housing on sites HE-1, HE-2, HE-3, HE-4, and HE-5, as well as the BART A and BART B sites. This alternative would result in approximately 1,854 new dwelling units and approximately 5,190 new residents. This would equate to approximately 529 fewer units and approximately 1,482 fewer residents than the proposed project. This alternative would meet Orinda’s objective to plan for its assigned RHNA obligation.

Alternative 3 would have reduced impacts to air quality, biological resources, cultural resources, hazards and hazardous materials, noise, population and housing, public services, and transportation compared to the proposed project. However, impacts to aesthetics, and utilities and service systems under Alternative 3 would be incrementally H.1.a
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Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring greater. Alternative 3 would have the same significant and unavoidable impacts as the Project with the exception of noise, which would be less than significant under Alternative 3.

G. On October 3, 2022, the City held a virtual public meeting to receive comments on the Plan Orinda Draft EIR during the Downtown Planning & Housing Element Subcommittee meeting.

H. On January 13, 2023, the City issued the Final EIR for public review, and sent the Final EIR to public agencies who had commented on the Draft EIR.

I. On January 18, 2023, the Planning Commission held a duly noticed public hearing consistent with Government Code section 65353 on Plan Orinda and it reviewed and considered the Final EIR, written reports, public testimony, and other information in the record. At the conclusion of the public hearing, the Planning Commission recommended that the City Council (1) certify the Final EIR for Plan Orinda (which includes the Housing Element Update and the Safety Element Update as well as the Downtown Precise Plan); (2) adopt the CEQA Findings, attached and incorporated therein by reference; (3) adopt the Statement of Overriding Considerations for those impacts that were found to be significant and unavoidable, attached and incorporated therein by reference; (4) adopt and incorporate into the Project all of the mitigation measures for the Project; (5) adopt the Mitigation Monitoring and Reporting Program for the Project, attached and incorporated therein by reference; (6) adopt the Downtown Precise Plan; (7) adopt a General Plan Amendment to approve the 2023-2031 Housing Element Update and approve the Safety Element Update; and (8) authorize submittal of the approved 2023-2031 Housing Element Update to HCD for final certification.

J. On January 31, 2023, the City Council held a duly noticed public hearing consistent with Government Code section 65355 on Plan Orinda and it reviewed, considered, and certified the Final EIR, written reports, public testimony, and other information in the record.

K. On March 3, 2023, a group called Orindans for Safe Emergency Evacuation or “OSEE” filed a lawsuit challenging the City’s approval of Plan Orinda and its certification of the Final EIR, alleging that the City’s actions violated the California Environmental Quality Act or “CEQA.” L. On February 22, 2024, the Contra Costa Superior Court issued a minute order identifying specific deficiencies related to the EIR’s analysis of wildfire evacuation and the Statement of Overriding Considerations.

M. On August 22, 2024, the Contra Costa Superior Court issued a writ of mandate ("Writ") ordering the City to “set aside the certification of the Plan Orinda Environmental Impact Report (“EIR”), the adoption of the Statement of Overriding Considerations challenged in this case, and approval of the Downtown Precise Plan (“DPP”)” within sixty (60) days of service of the writ.

N. The Writ did not require the City to rescind any project approvals for Plan Orinda other than certification of the EIR, adoption of the Statement of Overriding Considerations, and approval of the DPP. For example, the Writ did not require the City to rescind the City’s approval of the 2023-2031 (6th Cycle) Housing Element Update or the Safety Element Update.

O. On October 9, 2024, the City Council adopted Resolution No. 47-24, which timely complied H.1.a
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Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring with the portion of the Writ requiring it to set aside the certification of the Plan Orinda EIR, adoption of the Statement of Overriding Considerations, and approval of the DPP.

P. The Writ further required the City to satisfy these requirements:
a. Prepare and certify a revised Final EIR pursuant to CEQA Guidelines 15089 and 15090; b. Revise the mitigation monitoring and reporting program adopted by Respondent in Orinda City Council Resolution 07-23;
c. Revise the CEQA findings adopted by Respondent in Orinda City Council Resolution 07- 23;
d. Revise the Statement of Overriding Considerations adopted by Respondent in Orinda City Council Resolution 07-23;
e. At a public meeting or meetings of the City Council, consider whether to approve the revised documents described in …(a)-(d), above; and consider whether to pursue revisions to the 2023-2031 (6th Cycle) Housing Element Update, or Safety Element Update, adopted by Orinda City Council Resolution No. 09-23, and/or the DPP adopted by Orinda City Council Resolution No. 08-23; and
f. File and serve a return to the writ specifying the actions taken to comply with the terms of this writ.

Q. On October 23, 2024, the City issued a Partially Revised Environmental Impact Report (PREIR) for Plan Orinda, consistent with the Writ. The PREIR revised and replaced Sections 4.14 and 6 of the original, Draft EIR. The City provided notice of the PREIR’s availability to an interested parties list and to public agencies via email, and established a 45-day public comment period, ending December 9, 2024.

R. On March 7, 2025, the City published the Revised Final EIR for Plan Orinda for public review, and sent the Revised Final EIR to public agencies who had commented on the PREIR.

S. On March 18, 2025, the City Council held a duly noticed public meeting consistent with the court’s writ and reviewed and considered the Revised Final EIR, written reports, public testimony, and other information in the record.

Section 2. Environmental Impact Report
The City Council hereby finds as follows:

A. The Revised Final EIR has been presented to the City Council. All procedures have been duly followed as required by law. The City Council has reviewed and considered the information contained in the Revised Final EIR and the Record as a whole in conjunction with its deliberations, in accordance with CEQA, CEQA Guidelines, the court’s writ, and procedures of the State of California and the City of Orinda. The Revised Final EIR reflects the City’s independent judgment and analysis.

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Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring B. CEQA requires decision makers to adopt a mitigation monitoring and reporting program (MMRP) for those mitigation measures identified in the Revised Final EIR that would mitigate or avoid each significant effect identified in the EIR, and to incorporate the MMRP including all mitigation measures as conditions of project approval. The Revised Final EIR includes an analysis of the extent to which the proposed project’s direct and indirect impacts will commit nonrenewable resources to uses that future generations will probably be unable to reverse.

C. In response to oral and written comments received during the 45-day Draft EIR public comment period and the 45-day PREIR public comment period, some sections of the Draft EIR have been revised in a section of the Revised Final EIR called the Errata. Although some new material has been added to the Draft EIR through preparation of the Revised Final EIR, this new material provides clarification to points and information already included in the Draft EIR and is not considered to be significant new information or a substantial change to the Draft EIR that would necessitate recirculation. The PREIR was recirculated for public review and comment consistent with CEQA, the CEQA Guidelines, and the court’s writ of mandate.

D. The EIR considered impacts in all or portions of the following environmental subject areas to be less than significant: Aesthetics, Air Quality and Greenhouse Gas Emissions, Biological Resources, Cultural and Tribal Resources, Geology and Soils, Hazards and Hazardous Materials, Land Use and Planning, Noise, Population and Housing, Public Services and Recreation, Transportation, Utilities and Service Systems, and Wildfire.

E. The EIR provides substantial evidence that all or portions of the following environmental subject areas would result in less than significant impacts with the implementation of mitigation measures: Aesthetics, Air Quality and Greenhouse Gas Emissions, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Transportation, Tribal Cultural Resources, and Utilities and Service Systems.

F. The EIR has concluded that the development of the proposed project would result in significant and unavoidable adverse impacts in all or portions of the following environmental subject areas: Hazards and Hazardous Materials, Noise, Transportation, and Wildfire.

G. The EIR has also identified that the Project would have a cumulatively considerable contribution to a significant cumulative impact regarding wildfires.

H. In compliance with Public Resources Code Section 21081 and CEQA Guidelines Section 15091, the City Council has determined that findings regarding the significant impacts of the Project must be made and supported by substantial evidence in the record.

I. In compliance with Public Resources Code Section 21081 and CEQA Guidelines Section 15093, the City Council has determined that a Statement of Overriding Considerations is required, as there are unmitigable environmental impacts that result from the Project.

Section 3. Certification of the Final EIR
The City Council hereby certifies that the Revised Final EIR for the Project has been completed in compliance with CEQA and reflects the independent judgment and analysis of the City. The Revised Final Environmental Impact Report (Revised Final EIR) consists of the Draft H.1.a
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Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring EIR (2022) as revised by the Partially Revised EIR (2024), the Response to Comments on the Draft EIR (2023), an Addendum dated March 21, 2023, the Response to Comments on the Partially Revised EIR (2025), and the Errata (2025). All of these documents are incorporated herein by reference.

Section 4. Adoption of Revised CEQA Findings
The City Council hereby adopts the Revised CEQA Findings, attached hereto as “Exhibit A-1,” sections 1 – 6, and incorporated herein by reference.

Section 5. Adoption of Revised Statement of Overriding Considerations The City Council hereby adopts the Revised Statement of Overriding Considerations, attached hereto as “Exhibit A-1,” section 7, and incorporated herein by reference.

Section 6. Adoption of Revised Mitigation Monitoring and Reporting Program The City Council hereby adopts the Revised Mitigation Monitoring and Reporting Program, dated March 2025, attached hereto as “Exhibit A-2” and incorporated herein by reference. The City Council adopts and incorporates into the Project all of the mitigation measures for the Project.

PASSED AND ADOPTED at a meeting of the City Council of the City of Orinda held on March __, 2025, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Latika Malkani, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
1880952.2
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Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring 2023-2031 (6th Cycle) Housing Element
Update and Safety Element Update
Revised Findings of Fact and Statement of Overriding
Considerations
prepared by
City of Orinda
Planning Department
22 Orinda Way
Orinda, California 94563
prepared with the assistance of
Rincon Consultants, Inc.
449 15th Street, Suite 303
Oakland, California 94612
March 2025
EXHIBIT A-1
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Packet Pg. 100 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring Revised CEQA Findings and Statement of Overriding
Considerations
for
2023-2031 (6th Cycle) Housing Element Update and Safety Element Update
Pursuant to CEQA Sections 15091 and 15093
and Public Resources Code Section 21081
The Revised Final Environmental Impact Report (Revised Final EIR) prepared by the City of Orinda (City) for Plan Orinda consists of the Draft EIR (2022) as revised by the Partially Revised EIR (2024), the Response to Comments on the Draft EIR (2023), an Addendum dated March 21, 2023, the Response to Comments on the Partially Revised EIR (2025), and the Errata (2025). The Revised Final EIR identifies significant environmental impacts that would result from implementation of Plan Orinda, which includes the Downtown Precise Plan (“DPP), 2023-2031 (6th Cycle) Housing Element Update, and the Safety Element Update. The City finds that the inclusion of certain mitigation measures would reduce all but the following significant impacts to levels that are less than significant: hazards and hazardous materials, noise, transportation, and wildfire. No feasible mitigation measures have been identified to reduce these impacts to a less-than-significant level or mitigation measures have been identified but would not reduce impacts to a level of less than significant; these impacts would remain significant unavoidable impacts of Plan Orinda.

The City certified the Revised Final EIR as adequate under CEQA for the entirety of Plan Orinda.

However, at this time, the City is not approving one component of Plan Orinda: the DPP. The City originally approved all of Plan Orinda in January 2023 in reliance on the original Final EIR for Plan Orinda. Subsequently, Contra Costa County Superior Court issued a writ of mandate (“Writ”) ordering the City to rescind its certification of the original Final EIR; approval of the DPP; CEQA Findings; and Statement of Overriding Considerations, pending revisions to the EIR. The Writ did not require the City to rescind its approval of the 2023-2031 (6th Cycle) Housing Element Update or the Safety Element Update, and the City has decided not to pursue any revisions to these two elements at this time.

In order to comply with the Writ, the City must make Revised CEQA Findings and Statement of Overriding Considerations for the previously approved 2023-2031 (6th Cycle) Housing Element Update and Safety Element Update (“Approved Project”). These Revised CEQA Findings and Statement of Overriding Considerations are intended to comply with the Writ as well as CEQA Guidelines Section 15091 and 15093 and Public Resources Code 21081.

As required by the California Environmental Quality Act (CEQA) and the Writ, the City, in adopting these CEQA Findings and Statement of Overriding Considerations, also adopts a Revised Mitigation Monitoring and Reporting Program (MMRP) for the Approved Project. The City finds that the Revised MMRP, which is incorporated by reference, meets the requirements of the Writ and Public Resources Code Section 21081.6 by providing for the implementation and monitoring of measures intended to mitigate potentially significant effects of the Approved Project. Pursuant to Public Resources Code Section 21082.1(c)(3), the City also finds that the Revised Final EIR reflects the City’s independent judgment as the lead agency for the Approved Project.

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Packet Pg. 102 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring Table of Contents
Revised Findings of Fact/Statement of Overriding Considerations i Table of Contents
1 Introduction....................................................................................................................................1

1.1 Statutory Requirements for Findings..................................................................................1

1.2 Procedural Findings.............................................................................................................1

1.3 Findings Required Under CEQA and Court’s Writ...............................................................4

1.4 Record of Proceedings........................................................................................................4

1.5 Findings...............................................................................................................................5 2 Plan Orinda and the Approved Project...........................................................................................6

2.1 Project Objectives...............................................................................................................6

2.2 Plan Orinda Description ......................................................................................................6

2.3 Alternatives.........................................................................................................................8

2.4 Approved Project ................................................................................................................9 3 Topical Areas Determined to have Less than Significant or No Impacts......................................10 4 Topical Areas Determined to Have Potentially Significant Impacts Mitigated to Less Than Significant .....................................................................................................................................15 5 Topical Areas Determined to have Significant and Unavoidable Impacts....................................34

5.1 Cumulative Impacts ..........................................................................................................41 6 Feasibility of Project Alternatives.................................................................................................43

6.1 Alternative 1: No Project Alternative................................................................................43

6.2 Alternative 2: DPP Plus BART Sites....................................................................................43

6.3 Alternative 3: No DPP .......................................................................................................43 7 Revised Statement of Overriding Considerations.........................................................................45 H.1.a
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Plan Orinda
ii
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Revised Findings of Fact/Statement of Overriding Considerations 1 1 Introduction

1.1 Statutory Requirements for Findings
CEQA Section 15091 states that:
(a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:
(1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.
(2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.

In short, CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, to avoid or mitigate significant environmental impacts that will otherwise occur with implementation of the project. Project mitigation or alternatives are not required, however, where they are infeasible or where the responsibility for modifying the project lies with another agency.1 For those significant effects that cannot be mitigated to a less-than-significant level, the public agency is required to find that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment.2 The CEQA Guidelines state in section 15093 that:
“If the specific economic, legal, social, technological, or other benefits of a propos[ed] project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered ‘acceptable.”

1.2 Procedural Findings
The City Council of the City of Orinda finds as follows:

Based on the nature and scope of Plan Orinda, State Clearinghouse No. 2022010392, the City Council of Orinda determined, based on substantial evidence, that Plan Orinda may have a significant effect on the environment and prepared an EIR. The Revised Final EIR, including the Draft EIR (2022) as revised by the Partially Revised EIR (2024), the Response to Comments on the Draft EIR (2023), an Addendum dated March 21, 2023, the Response to Comments on the Partially Revised EIR (2025), and the Errata (2025), was prepared, noticed, published, circulated, reviewed and 1 CEQA Section 15091 (a), (b).
2 Public Ressources Code Section 21081(b).

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Plan Orinda
2 completed in full compliance with the CEQA Public Resources Code Sections 21000 et seq. CEQA and the CEQA Guidelines (14 California Code of Regulations Sections 15000 et. Seq.), as follows:
▪ Notice of Preparation and Initial Study. After deciding that an EIR is required, the lead agency (the City) must file a Notice of Preparation soliciting input on the EIR scope to the State Clearinghouse, other concerned agencies, and parties previously requesting notice in writing (CEQA Guidelines Section 15082; Public Resources Code [PRC] Section 21092.2). The NOP must be posted in the County Clerk’s office for 30 days. The NOP may be accompanied by an Initial Study that identifies the issue areas for which the project could create significant environmental impacts. The City prepared a NOP of the Draft EIR for a 51-day agency and public review period commencing January 4, 2022. The NOP was amended on January 15, 2022 and public comment closed on February 24, 2022.
▪ Draft EIR Prepared. The Draft EIR must contain a) table of contents or index; b) summary; c) project description; d) environmental setting; e) discussion of significant impacts (direct, indirect, cumulative, growth-inducing, and unavoidable impacts); f) a discussion of alternatives; g) mitigation measures; h) discussion of irreversible changes, and i) any identified areas of controversy. The City prepared a Draft EIR and circulated the draft for public review for a 46-day comment period that began on September 15, 2022 and ended on October 31, 2022. A corresponding Notice of Availability (NOA) was published to provide notification when the Draft EIR became available for public review.
▪ In compliance with the writ of mandate (“Writ”) issued by the Contra Costa Superior Court (“Court”) in Orindans for Safe Emergency Evacuation v. City of Orinda, the City revised portions of Section 4.14 of the Draft EIR (i.e., the wildfire impacts analysis). Although the revisions to Section 4.14 did not indicate any new significant impacts, more severe significant impacts, new mitigation, or infeasibility of previously identified mitigation, the City recirculated the revised Section 4.14 for public review and comment pursuant to CEQA Guidelines Section 15088.5, as required by the Writ.
▪ The Court did not find any inadequacies in the Draft EIR’s alternatives analysis. Nonetheless, the Writ required the City to revise Section 6 of the Draft EIR (i.e., the alternatives analysis). In compliance with this provision, the City also revised portions of Section 6. Although the new information added to the EIR by the revisions to Section 6 did not indicate any new significant impacts, more severe significant impacts, new mitigation, or infeasibility of previously identified mitigation, the City recirculated that analysis for public review and comment pursuant to CEQA Guidelines Section 15088.5, as required by the Writ.
▪ The Partially Revised EIR, which included revisions to Section 4.14 and Section 6 of the Draft EIR as required by the Writ issued by the Court, was made available for a 45-day public review period commencing October 23, 2024, and closing December 9, 2024. The Notice of Availability of the Partially Revised EIR was posted with the County Clerk, sent to the State Clearinghouse, mailed to local and state agencies and emailed to interested parties. ▪ Notice of Completion. The lead agency must file a Notice of Completion with the State Clearinghouse when it completes a Draft EIR and prepare an NOA. The lead agency must place the Notice of Completion in the County Clerk’s office for 30 days (PRC Section 21092) and send a copy of the notice of completion to anyone requesting it (CEQA Guidelines Section 15087).

Additionally, public notice of Draft EIR availability must be given through at least one of the following methods: a) publication in a newspaper of general circulation; b) physical signage posting on and off the project site; and c) direct mailing to owners and occupants of contiguous properties. The lead agency must solicit input from other agencies and the public and respond H.1.a
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Revised Findings of Fact/Statement of Overriding Considerations 3 in writing to all comments received (PRC Sections 21104 and 21253). An NOC was prepared and submitted to the State Clearinghouse with the Draft EIR on September 15, 2022.  A second NOC was filed and the NOA was published for the Partially Revised EIR on October 23, 2024.
▪ Final EIR. A Final EIR must include a) the Draft EIR; b) copies of comments received during public review; c) list of persons and entities commenting; and d) responses to comments. The City prepared a Final EIR, which was published and submitted to the State Clearinghouse on February 1, 2023.
▪ The Revised Final EIR prepared by the City in March 2025 consists of the Draft EIR (2022) as revised by the Partially Revised EIR (2024), the Response to Comments on the Draft EIR (2023), an Addendum dated March 21, 2023, the Response to Comments on the Partially Revised EIR (2025), and an Errata (2025).
▪ Certification of Final EIR. Prior to making a decision on a proposed project, the lead agency must certify that a) the Final EIR has been completed in compliance with CEQA; b) the Final EIR was presented to the decision-making body of the lead agency; and c) the decision-making body reviewed and considered the information in the Final EIR prior to approving a project (CEQA Guidelines Section 15090).
▪ Lead Agency Project Decision. The lead agency may a) disapprove the project because of its significant environmental effects; b) require changes to the project to reduce or avoid significant environmental effects; or c) approve the project despite its significant environmental effects, if the proper findings and statement of overriding considerations are adopted (CEQA Guidelines sections 15042 and 15043). The lead agency may also approve only a portion of the project analyzed in an EIR. See Sierra Club v. City of Orange (2008) 163 Cal.App.4th 523, 533; Save the Capitol, Save the Trees v. Department of General Services (2024) 101 Cal.App.5th 1237, 1250
▪ Findings/Statement of Overriding Considerations. No public agency may approve or carry out a project for which an EIR has been certified and which identifies one or more significant environmental effects of the project unless the public agency finds, based on substantial evidence, that a) the project has been changed to avoid or substantially reduce the magnitude of the impact; b) changes to the project are within another agency's jurisdiction and such changes have or should be adopted; or c) specific economic, social, or other considerations make the mitigation measures or project alternatives infeasible (CEQA Guidelines Section 15091). If an agency approves a project with unavoidable significant environmental effects, it must prepare a written Statement of Overriding Considerations that sets forth the specific social, economic, or other reasons supporting the agency’s decision. ▪ The Revised CEQA Findings and Statement of Overriding Considerations describe the reasons supporting the City’s decision to approve the 2023-2031 (6th Cycle) Housing Element Update and Safety Element Update (“Approved Project”). The Revised CEQA Findings and Revised Statement of Overriding Considerations are included in this document. ▪ Mitigation Monitoring Reporting Program. When the lead agency makes findings on significant effects identified in the EIR, it must adopt a reporting or monitoring program for mitigation measures adopted or made conditions of project approval to mitigate significant effects. The Revised MMRP is being concurrently adopted by resolution.

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Plan Orinda
4 1.3 Findings Required Under CEQA and Court’s Writ
The City Council (the final decision-making body) of the City of Orinda (the CEQA Lead Agency) previously decided to approve Plan Orinda and made findings in support pursuant to CEQA Guidelines Sections 15091 and 15093, and Public Resources Code Section 21081. Pursuant to those provisions, no public agency shall approve or carry out a project for which an environmental impact report has been certified, which identifies one or more significant effects on the environment that would occur if the project is approved or carried out, unless the public agency makes one or more findings for each of those significant effects, accompanied by a brief explanation of the rationale of each finding. The possible findings, which must be supported by substantial evidence in the record, are:
▪ Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. ▪ Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. ▪ Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR.
▪ As discussed above, the Contra Costa Superior Court issued a Writ ordering the City to rescind its approval of one component of Plan Orinda—the DPP—as well as its CEQA Findings, Statement of Overriding Consideration, and certification of the original Plan Orinda Final EIR.

The Writ did not require the City to rescind its approval of the 2023-2031 (6th Cycle) Housing Element Update and Safety Element Update (“Approved Project”), but did require the City to revise its CEQA Findings and Statement of Overriding Considerations. Here, because the City is pursuing potential revisions to the DPP component of Plan Orinda, not re-approving it at this time, these revised CEQA Findings and Statement of Overriding Considerations apply to the Approved Project only. If the City proceeds to re-approving the DPP (with potential revisions) in the future, it will adopt separate CEQA Findings and Statement of Overriding Consideration at that time.

1.4 Record of Proceedings
For purposes of CEQA and these findings, the record before the City Council includes the following:
▪ The Draft EIR and all appendices to the Draft EIR
▪ 2023 Final EIR
▪ The Addendum dated March 21, 2023
▪ The Partially Revised EIR
▪ The Final EIR and Revised Final EIR, including Errata, comments on the Draft EIR and Partially Revised EIR, responses to those comments and all appendices to the Final EIR and Revised Final EIR
▪ All notices required by CEQA
▪ All studies conducted for Plan Orinda and contained in, or referenced by, the Draft EIR, Partially Revised EIR, the Final EIR, and the Revised Final EIR
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Revised Findings of Fact/Statement of Overriding Considerations 5 ▪ All documentary and oral evidence received and reviewed at public hearings, study sessions, and workshops and all transcripts and minutes of those hearings related to Plan Orinda the Draft EIR and the Final EIR
▪ For documentary and informational purposes, the Revised Findings and Statement of Overriding Conditions, Revised Mitigation Monitoring and Reporting Program, and other documentation relevant to planned growth in the area
▪ Any additional items not included above if otherwise required by law

1.5 Findings
The Revised Final EIR is incorporated into these findings in its entirety. Without limitation, this incorporation is intended to elaborate on the scope and nature of mitigation measures, the basis for determining the significance of impacts, the comparative analysis of alternatives, and the reasons for approving the Approved Project in spite of the potential for associated significant and unavoidable adverse impacts.

For the purposes of these findings, the impact discussions include the relevant policies and actions, as well as the separate mitigation measures imposed to reduce the impacts where the policies did not result in a less than significant impact. In the findings that follow, impact numbers are provided.

The impact numbers correspond to sections of the Draft EIR (as revised by the PREIR) that contain an expanded discussion of impacts. Please refer to the referenced impact sections of the EIR for more detail.

For purposes of these findings, all references to “Housing Element Sites” shall be interpreted to mean all Housing Element Sites, including those in the downtown area, identified in the 2023-2031 (6th Cycle) Housing Element Update.

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Packet Pg. 109 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring City of Orinda
Plan Orinda
6 2 Plan Orinda and the Approved Project

2.1 Project Objectives
Pursuant to CEQA Section 15124(b), the EIR project description must include “[a] statement of objectives sought by the proposed project… The statement of objectives should include the underlying purpose of the project.” The Housing Element Update as part of Plan Orinda is intended to achieve the following project objectives:

1. Meet the State required RHNA for 6th Cycle Housing Element planning period of 2023-2031;

2. Bring the General Plan into conformance with recently enacted State law;

3. Identify housing policies and programs that enable the development of additional units and the preservation of existing units, that reduce governmental constraints to building housing, and that affirmatively further fair housing across the board;

4. Identify housing sites with a collective capacity to meet the City’s RHNA, with buffer capacity; and

5. Locate most housing sites in existing urban areas, near transit and commercial services.

The Downtown Precise Plan as part of Plan Orinda is intended to achieve the following project objectives:

1. To encourage a mix of uses including employment opportunities, housing, recreational and cultural uses

2. To increase open spaces and community gathering places to foster greater connections with nature

3. To maintain the village “small town” character of Downtown while encouraging development that is compatible with existing uses, the pedestrian environment, and streetscape

4. To incorporate varying architectural building types with appropriate detailing

5. To develop the area with complimentary uses consistent with the current scale and size of surrounding development

2.2 Plan Orinda Description
Plan Orinda is a long-range planning effort that would shape the future of development and economic growth in Orinda. These efforts include updates to the Housing Element, the Land Use Element, and the Safety Element section of the Environmental Resources Chapter of the General Plan, and minor updates to the Growth Management Element of the Growth Management Chapter.

The DPP effort would include new development standards and the adoption of objective design standards for the area. Plan Orinda efforts also include the adoption of the Downtown Streetscape Master Plan (Connect Orinda) which was adopted separately in November 2019. Plan Orinda would include several General Plan and Zoning Amendments based on the proposed changes to policies, programs, and land use.

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Packet Pg. 110 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring Plan Orinda and the Approved Project
Revised Findings of Fact/Statement of Overriding Considerations 7 Housing Element Update
The Housing Element Update would involve an update for the 2023-2031 planning period to replace the existing Housing Element in the City’s General Plan. The Housing Element Update establishes policies and programs to further the goal of meeting existing and projected housing needs of all household income levels of the community; provides evidence of the City’s ability to accommodate the RHNA allocation through the year 2031, as identified by the Association of Bay Area Governments (ABAG); and puts in place a rezone program needed to identify the required housing capacity.

The Housing Element Update includes five possible Housing Element Sites outside of the DPP area.

These sites are distributed in the southwest portion of the city and would involve rezoning that would allow for 20 to 25 dwelling units per acre (du/ac) on most sites and 20 to 40 du/ac on the Caltrans – Gateway site (HE-5).

State law requires that housing elements are updated every 8 years (California Government Code Sections 65580 to 65589.8). The proposed update, the 2023-2031 Housing Element, identifies sites adequate to accommodate a variety of housing types for all income levels and needs of special population groups defined under state law (California Government Code Section 65583); analyzes governmental constraints to housing maintenance, improvement, and development; addresses conservation and improvement of the condition of existing affordable housing stock; and outlines policies that promote housing opportunities for all persons.

The update to the Housing Element would ensure compliance with State legislation passed since adoption of the General Plan and the 2015-2023 Housing Element.

Downtown Precise Plan (DPP)
The DPP would revise the Downtown development standards and update mixed-use and residential design standards for the Theatre and Village districts, which would be accomplished through General Plan amendments and zoning code changes. The DPP would also include an evaluation of the impact on utilities and infrastructure in the area; changes to development standards including residential density, building heights, number of building stories, and allowed uses; and parking requirements. The San Pablo Creek Restoration and trail concept are included as part of the DPP.

Under the DPP, the existing Downtown Commercial (DC) and Downtown Office (DO) zones would allow a mix of uses, including residential, commercial, and office. Zoning standards would be revised to allow development up to 85 dwelling units per acre (du/acre) that could be up to 55 feet in height. The current permitted density in the Downtown Commercial (DC) district is a maximum of 10 du/acre, whereas Downtown Office (DO) prohibits residential uses. The General Plan Update would adjust the permitted density for the Downtown Commercial and Downtown Office districts to a range of 25 to 85 du/acre. This adjustment would comply with HCD’s requirement of identifying housing inventory sites that allow for at least 20 du/acre to accommodate very low and low-income units.

Objective Design Standards
As a part of the proposed zoning changes, objective design standards regulating aesthetics (architectural style, building proportions, building types, civic spaces, etc.) would be adopted. The objective design standards, which were attached to the DPP in draft form, would apply to Housing Element sites and other parcel in the Downtown when they are rezoned to allow for H.1.a
Packet Pg. 111 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring City of Orinda
Plan Orinda
8 redevelopment. For the Housing Element Sites outside of the Downtown area, new residential objective design standards will also be developed.

Safety Element Update
The Safety Element is a state-mandated General Plan element that must identify potential natural and human-created hazards that could affect the City of Orinda’s residents, businesses, and services. The purpose of the Safety Element is to establish a framework that anticipates these hazards and prepares the community to minimize exposure to these risks. The Safety Element update would include goals, policies, and actions to minimize the hazards to safety in and around Orinda. It would identify the natural and human-caused hazards that would affect existing and future development, describe present and expected future conditions, and set policies and standards for improved public safety. This would include efforts to minimize physical harm to the buildings and infrastructure in and around Orinda to reduce damage to local economic systems, community services, and ecosystems.

2.3 Alternatives
Based on the project objectives and anticipated environmental consequences, and pursuant to Section 15126.6 of the CEQA Guidelines, the following project alternatives were selected for analysis:
▪ Alternative 1: No Project Alternative. The No Project Alternative assumes there is no change in zoning or General Plan land use designations for the parcels identified by the project. Current uses on the sites would continue under this alternative, with future full buildout of the proposed housing and DPP sites limited by the existing zoning and General Plan designations. ▪ Alternative 2: DPP Plus BART Sites. Alternative 2 includes one of the identified Housing Element Sites on Moraga Way (HE-4, Miramonte High School site) along with two parking lots owned by Caltrans adjacent to the Orinda Bay Area Rapid Transit (BART) station (BART-A and BART-B). This alternative would also include all of the DPP sites identified for future housing as outlined in Tables 2-4 and 2-5 in Section 2, Project Description. This alternative would not include Housing Element Sites HE-1, HE-2, HE-3, and HE-5. This alternative would result in approximately 2,941 new dwelling units and approximately 8,233 new residents. This would equate to approximately 558 more units and approximately 1,561 more new residents than the proposed project. ▪ Alternative 3: No DPP. Alternative 3 analyzes all of the identified Housing Element Sites (HE-1 through HE-5) along with the two BART sites (BART-A and BART-B). Alternative 3 would exclude all of the DPP sites identified for future housing, and thus would involve development on fewer sites throughout the City. This alternative would result in approximately 1,854 new dwelling units and approximately 5,190 new residents. This would equate to approximately 529 fewer units and approximately 1,482 fewer residents than the proposed project.

Refer to Chapter 6, Alternatives, of the Draft EIR and PREIR for the complete alternatives analysis.

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Revised Findings of Fact/Statement of Overriding Considerations 9

2.4 Approved Project
As noted above, at this time, the City is not reapproving the DPP. The 2023-2031 (6th Cycle) Housing Element Update and Safety Element Update were approved by the City in January 2023. The Court did not require the City to rescind its approval of these two components of Plan Orinda, but did require the City to revise its CEQA Findings and Statement of Overriding Consideration. Throughout these findings, the 2023-2031 (6th Cycle) Housing Element Update and Safety Element Update are referred to as the “Approved Project.”
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Packet Pg. 113 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring City of Orinda
Plan Orinda
10 3 Topical Areas Determined to have Less
than Significant or No Impacts
The City finds that, based upon substantial evidence in the record, as discussed below, the Approved Project would have no impacts or its impacts would be less than significant with respect to the following topical areas. The EIR concluded that these impacts would be less than significant for impacts of Plan Orinda, which included the Approved Project plus additional development associated with the DPP. As a result, the City finds that the Approved Project’s impacts associated with the following topical areas would also be less than significant.

Aesthetics
Impact AES-1
Development facilitated by the Approved Project would occur in different areas of the City including along a scenic corridor (Moraga Way). However, new development would not block expansive views or substantially impede access to longer-range views of the landscape. Impacts would be less than significant.

Air Quality and Greenhouse Gas Emissions
Impact AQ-1
The Approved Project would not conflict with the control measures in the 2017 Clean Air Plan, and vehicle miles traveled (VMT) increase from the Approved Project would be less than the Approved Project’s estimated population increase. This impact would be less than significant.

Impact AQ-4
Development facilitated by the Approved Project would not create objectionable odors that could affect a substantial number of people. Impacts would be less than significant.

Impact GHG-1
Future development under the Approved Project would not directly or indirectly generate greenhouse gas (GHG) emissions that would have a significant effect on the environment. GHG emissions from the Approved Project would not exceed Bay Area Air Quality Management District (BAAQMD) 2031 interpolated thresholds. This impact would be less than significant.

Impact GHG-2
The Approved Project would not conflict with GHG reduction goals and policies in the 2017 Scoping Plan, Plan Bay Area 2050, or the City’s General Plan. This impact would be less than significant.

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Packet Pg. 114 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring Topical Areas Determined to have Less than Significant or No Impacts Revised Findings of Fact/Statement of Overriding Considerations 11 Biological Resources
Impact BIO-5
Tree removal associated with development facilitated by the Approved Project could result in damage to or destruction of protected trees. However, compliance with existing City of Orinda regulations would ensure that impacts would be less than significant.

Impact BIO-6
The Approved Project would not conflict with the provisions of an adopted habitat conservation plan, natural community conservation plan, or other approved local, regional, or state habitat conservation plan. There would be no impact.

Cultural and Tribal Cultural Resources
Impact CUL-3
Development facilitated by the Approved Project could result in damage to or destruction of human burials. However, compliance with existing regulations on human remains would ensure less than significant impacts.

Geology and Soils
Impacts GEO-1 – GEO-5
No Housing Element Sites would be subject to rupture of a known earthquake fault. Therefore, there would be no impact to development facilitated by the Approved Project Development facilitated by the Approved Project could result in exposure of people or structures to a risk of loss, injury, or death from seismic events, including ground shaking, liquefaction, and landslides. Compliance with the California Building Code (CBC) and Safety Element policies would reduce ground shaking, liquefaction, and landslide hazards. Impacts would be less than significant.

Development facilitated by the Approved Project would include ground disturbance such as excavation and grading that would result in loose or exposed soil. Disturbed soil could be eroded by wind or during a storm event, which would result in the loss of topsoil. Adherence to permit requirements, city regulations, and Safety Element policies would ensure that this impact would be less than significant.

Development facilitated by the Approved Project could be located on a geologic unit or soil that is unstable or could become unstable resulting in on or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse. Compliance with the CBC and Safety Element policies would reduce hazards resulting from expansive soils. Impacts would be less than significant.

Development Facilitated by the Approved Project would mostly occur on urban sites that would be served by existing sanitation infrastructure. Housing Element Site HE-5 could include the use of septic systems. However, the Orinda Municipal Code would require approval of septic installation from the Health Officer. Therefore, impacts related to the use of septic tanks or alternative wastewater disposal systems would be less than significant.

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Packet Pg. 115 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring City of Orinda
Plan Orinda
12 Hazards/Hazardous Materials and Wildfire
Impacts HAZ-1 – HAZ-5
Development facilitated by the Approved Project would include could involve the use, storage, disposal, or transportation of hazardous materials. Upset or accident conditions in the Plan Area could involve the release of hazardous materials into the environment. Required adherence to existing regulations, programs, and Orinda General Plan policies would ensure that impacts would be less than significant.

Development facilitated by the Approved Project may result in the release of potentially hazardous materials within 0.25 mile of a school. However, compliance with regional and federal regulations related to hazardous materials and compliance with the Safety Element policies would minimize the risk of releases and exposure to these materials. Impacts would be less than significant.

Development facilitated by the Approved Project would not be located on a site included on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5. Compliance with applicable regulations relating to site remediation, if necessary, would minimize impacts from development on previously unknown contaminated sites, resulting in a less than significant impact.

The City is not located in an airport land use plan or in the vicinity of a private airstrip. No impacts related to airports would occur.

Development facilitated by the Approved Project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. Impacts would be less than significant.

Land Use/Planning and Population/Housing
Impacts LU-1 – LU-2
Implementation of the Approved Project would continue orderly development in the City and would not physically divide an established community. Impacts would be less than significant.

The Approved Project would not result in a significant environmental impact due to a conflict with Plan Bay Area 2050 or the Orinda General Plan. Therefore, this impact would be less than significant.

Noise
Impact NOI-3
There are no Housing Element Sites within the noise contours for an airstrip or airport as depicted on the airport land use plan, and no impacts would occur from exposing residents or workers to excessive aircraft noise levels.

Population and Housing
Impacts POP-1- POP-2
Development facilitated by Plan Orinda, which includes the Approved Project, could ultimately accommodate an additional 6,672 new residents and 2,383 new housing units in the City. This would exceed Plan Bay Area 2040 population and housing forecasts but would be consistent with H.1.a
Packet Pg. 116 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring Topical Areas Determined to have Less than Significant or No Impacts Revised Findings of Fact/Statement of Overriding Considerations 13 the City’s RHNA allocation. ABAG’s next plan update would incorporate the Housing Element Update. Growth resulting from the Approved Project would therefore be anticipated and would not result in unplanned population growth. Therefore, impacts would be less than significant.

Development facilitated by the Approved Project would occur on undeveloped or underutilized sites, none of which are currently in residential use, and would not displace substantial numbers of existing people or housing. Impacts would be less than significant.

Public Services and Recreation
Impacts PS-1-PS-5
Development facilitated by the Approved Project would increase the population in the City, which would increase demand for fire protection services. However, this increase would not require additional and/or expanded fire protection facilities. Impacts would be less than significant.

Development facilitated by the Approved Project would increase the population in the City, which would increase demand for police protection services. However, this increase would not require additional and/or expanded police protection facilities. Impacts would be less than significant.

Development facilitated by the Approved Project would increase the population in the planning area, which could result in the need for additional and/or expanded school facilities. However, Government Code 65995 (b) would require funding for the provision or expansion of new school facilities to offset impacts from the project. Therefore, this impact would be less than significant.

Development facilitated by the Approved Project would increase the population in the City, which would increase demand for parks and recreation services. However, the City would not exceed its threshold of five acres of parkland per 1,000 residents. conformance with Orinda Municipal Code and General Plan policies and programs related to parks and recreation services would require maintenance of parkland for new residential development and payment of Quimby park in-lieu fees and park impact fees to ensure ongoing parkland maintenance to prevent deterioration. Therefore, this impact would be less than significant.

Development facilitated by the Approved Project would increase the population in the City, which would increase demand for the use of public facilities such as libraries, possibly resulting in the need for additional open hours and staffing and the expansion of the Orinda Library. However, any future plans to expand the Orinda Library would be subject to environmental review under CEQA and given that the Orinda Library is on an infill site expansion is unlikely to result in significant impacts.

Therefore, this impact would be less than significant.

Transportation
Impact TRA-1
Development facilitated by the Approved Project would not conflict with an applicable program, plan, ordinance, or policy establishing measures of effectiveness for the performance of addressing the circulation system, including transit, bicycle, and pedestrian facilities. This impact would be less than significant.

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Packet Pg. 117 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring City of Orinda
Plan Orinda
14 Utilities and Service Systems
Impact UTIL-2 and UTIL-3
Development facilitated by the Approved Project would not conflict with an applicable program, plan, ordinance, or policy establishing measures of effectiveness for the performance of addressing the circulation system, including transit, bicycle, and pedestrian facilities. This impact would be less than significant.

Wildfire
Impact WFR-1a
Development facilitated by Plan Orinda would not substantially impair an adopted emergency response plan or emergency evacuation plan. This impact would be less than significant.

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Packet Pg. 118 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring Topical Areas Determined to Have Potentially Significant Impacts Mitigated to Less Than Significant Revised Findings of Fact/Statement of Overriding Considerations 15 4 Topical Areas Determined to Have
Potentially Significant Impacts Mitigated
to Less Than Significant
These topical areas contain impacts of the Approved Project that are reduced to a less-thansignificant level through the implementation of mitigation measures. Pursuant to California Public Resources Code Section 21081(a)(1) and CEQA Section 15091(a)(1), as to each impact, the City, based on the evidence in the record before it, finds that changes or alterations incorporated into the Approved Project mitigate, avoid, or substantially lessen to a level of insignificance these environmental impacts. The basis for the finding for each impact is set forth below and in the EIR, which concluded that these impacts of Plan Orinda would be reduced to a less than significant level through the incorporation of mitigation measures. Plan Orinda included the Approved Project plus additional development associated with the DPP. As a result, the City finds that the Approved Project’s impacts associated with the following topical areas would also be reduced to a less than significant level through the incorporation of mitigation measures.

The City notes that some mitigation measures include references to the DPP. These measures were included in the Plan Orinda EIR, which analyzed the impacts of, and identified mitigation for, the entire Plan Orinda, including the DPP. Although the DPP is not being re-approved at this time, the City has not deleted those references in the mitigation measures for three reasons: (1) those references will have no effect unless or until the DPP is re-approved; (2) retaining those references will not have any adverse impacts; and (3) modifying the mitigation measures to exclude the references to the DPP could cause confusion for readers. Retaining these references to the DPP in these mitigation measures does not constitute approval of the DPP; the City is not at this time reapproving the DPP, as set forth above.

Aesthetics
Impact AES-2- AES-4
Some Housing Element Sites are visible from SR 24, an officially designated State Scenic Highway.

However, with the exception of Housing Element Site HE-5, development facilitated by the Approved Project would not result in substantial damage to scenic resources in view of a scenic highway. Impacts from development on Housing Element Site HE-5 would be less than significant with mitigation.

MITIGATION MEASURE AES-1 CITY OF ORINDA OBJECTIVE DESIGN STANDARDS The City, with the guidance of a qualified urban design firm, shall develop and adopt objective design standards for the Plan Orinda area similar to the City’s current Senior Housing Overlay standards prior to development of the Housing Element sites. Objective Design Standards shall include guidance including but not limited to structure design, massing, intensity, lighting, and landscaping. For the Housing Element sites, the Objective Design Standards shall require tree planting or other screening measures to ensure that the general aesthetic of Orinda’s roadways would not be substantially adversely affected by the project.

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Packet Pg. 119 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring City of Orinda
Plan Orinda
16 Finding
The City finds that with incorporation of Mitigation Measure AES-1, which would be required on all future development, impacts related to scenic routes, the visual character of the plan area, and light and glare would be mitigated to a less than significant level. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the Approved Project that avoid or substantially lessen the significant environmental effect to the extent feasible.

Air Quality
Impact AQ-2
Development facilitated by the Approved Project would increase air pollutant emissions, which would affect local air quality. Operational impacts from emissions of criteria pollutants would be less than significant. Construction Impacts would be less than significant with mitigation.

MITIGATION MEASURE AQ-1 INDIVIDUAL AIR QUALITY ANALYSIS For individual projects subject to CEQA that do not meet the BAAQMD construction and/or operational screening criteria under Table 4.2-3, individual air quality analysis shall be conducted to determine project significance. Where individual projects exceed BAAQMD significance thresholds detailed under Table 4.2-4, mitigation measures shall be incorporated to reduce emissions to below thresholds or to the furthest extent possible. Construction mitigation measures may include, but are not limited to, incorporation of Tier 4 and/or alternative fueled equipment, use of onsite power sources instead of generators, and use of low/no-VOC content architectural coatings. Operational mitigation measures may include, but are not limited to, increased incorporation of PV beyond regulatory requirements, increased incorporation of EV charging stations and/or infrastructure beyond regulatory requirements, incorporation of a development wide, ride-share system, or elimination of natural gas usage within residential developments. Individual project analysis and accompanying emission-reduction measures shall be approved by the City and/or BAAQMD prior to issuance of a permit to construct or permit to operate.

MITIGATION MEASURE AQ-2 CONSTRUCTION EMISSIONS MEASURES As part of the City’s development approval and building permit issuance process, the City shall require project applicants to comply with the current Bay Area Air Quality Management District’s basic control measures for reducing construction emissions of PM10 (Table 8-2, Basic Construction Mitigation Measures Recommended for All Proposed Projects, of the May 2017 BAAQMD CEQA Guidelines), outlined below.

1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times a day.

2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.

3. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.

4. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour.

5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.

Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

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6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California Airborne Toxics Control Measure Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points.

7. All construction equipment shall be maintained and properly tuned in accordance with manufacture’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper conditions prior to operation.

8. Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours.

BAAQMD’s number shall also be visible to ensure compliance with applicable regulations.

Finding
The City finds that with incorporation of Mitigation Measures AQ-1 and AQ-2, which would require incorporation of BAAQMD Basic Construction Measures, temporary construction impacts and fugitive dust emissions would be reduced to a less than significant level. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the Approved Project that avoid or substantially lessen the significant environmental effect to the extent feasible.

Impact AQ-3
Construction activities for individual projects lasting longer than two months or located within 1,000 feet of sensitive receptors could expose sensitive receptors to substantial pollutant concentrations.

This impact would be less than significant with mitigation. The project would not include new sources of TACs and operational impacts would be less than significant.

MITIGATION MEASURE AQ-3 CONSTRUCTION HEALTH RISK ASSESSMENT For individual projects where construction activities would occur within 1,000 feet of sensitive receptors, would use diesel equipment for longer than two months and would not utilize Tier 4 and/or alternative fuel construction equipment, a construction health risk assessment (HRA) shall be prepared. If an HRA is to be prepared, the HRA shall determine potential risk and compare the risk to the following BAAQMD thresholds:
▪ Non-compliance with Qualified Community Risk Reduction Plan; ▪ Increased cancer risk of > 10.0 in a million;
▪ Increased non-cancer risk of > 1.0 Hazard Index (Chronic or Acute); or ▪ Ambient PM2.5 increase of > 0.3 µg/m3 annual average
If risk exceeds the thresholds, measures such as requiring the use of Tier 4 and/or alternative fuel construction equipment shall be incorporated to reduce the risk to appropriate levels.

Finding
The City finds that incorporation of Mitigation Measure AQ-3, which would require coordination with the City to determine if a construction HRA would need to be performed for projects with construction timelines greater than two months and within 1,000 feet of sensitive receptors, would reduce potential risk exposure to nearby sensitive receptors to a less than significant level. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or H.1.a
Packet Pg. 121 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring City of Orinda
Plan Orinda
18 incorporated into, the Approved Project that avoid or substantially lessen the significant environmental effect to the extent feasible.

Biological Resources
Impact BIO-1
Approved Project implementation may result in impacts to special status plant and animal species directly or through habitat modifications. Impacts would be less than significant with mitigation.

MITIGATION MEASURE BIO-1 BIOLOGICAL RESOURCES SCREENING AND ASSESSMENT For projects within Housing Element Sites HE-2, HE-3, HE-4, and HE-5 that would require grading or vegetation trimming or removal, the project applicant shall hire a qualified biologist to perform a preliminary biological resources screening, for the City’s review and approval, to determine whether the project has the potential to impact special status biological resources, inclusive of special status plants and animals, sensitive vegetation communities, jurisdictional waters (including creeks, drainages, streams, ponds, vernal pools, riparian areas and other wetlands), critical habitat, wildlife movement area, or biological resources protected under local or regional ordinances or an existing HCP or NCCP. If it is determined that the project has no potential to impact biological resources, no further action is required.

If the project would have the potential to impact biological resources, prior to construction, a qualified biologist shall conduct a project-specific biological analysis to document the existing biological resources within a project footprint plus a minimum buffer of 50 feet around the project footprint, as is feasible, and to determine the potential impacts to those resources, as approved by the City. The project-specific biological analysis shall evaluate the potential for impacts to all biological resources including, but not limited to special status species, nesting birds, wildlife movement, sensitive plant communities, critical habitats, and other resources judged to be sensitive by local, State, and/or federal agencies. If the project would have the potential to impact these resources, mitigation measures BIO-2 through BIO-9 shall be incorporated and recommendations developed to enhance wildlife movement (e.g., installation of wildlife friendly fencing), as applicable, to reduce impacts to less than significant levels. Pending the results of the projectspecific biological analysis, City review, design alterations, further technical studies (e.g., protocol surveys) and consultations with the USFWS, NMFS, CDFW, and/or other local, State, and federal agencies may be required. Note that specific surveys described in the mitigation measures below may be completed as part of the project-specific biological analysis where suitable habitat is present.

MITIGATION MEASURE BIO-2 SPECIAL STATUS PLAN SPECIES
If the project-specific biological analysis, for projects within Housing Element Sites HE-2, HE-3, HE-4, and HE-5, determines that there is potential for significant impacts to federally or State listed plants from project development, a qualified biologist shall complete surveys for special status plants prior to any vegetation removal, grubbing, or other construction activity (including staging and mobilization). The surveys shall be floristic in nature and shall be seasonally timed to coincide with the target species blooming season or identifiable period identified in the project-specific biological analysis. All special status plant species identified on site shall be mapped onto a site-specific aerial photograph or topographic map with the use of Global Positioning System (GPS) unit. Surveys shall be conducted in accordance with the most current protocols established by the CDFW, USFWS, and H.1.a
Packet Pg. 122 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring Topical Areas Determined to Have Potentially Significant Impacts Mitigated to Less Than Significant Revised Findings of Fact/Statement of Overriding Considerations 19 the local jurisdictions if said protocols exist. A report of the survey results shall be submitted to the City, and the CDFW and/or USFWS, as appropriate, for review and/or approval.

MITIGATION MEASURE BIO-3 SPECIAL STATUS PLANT SPECIES AVOIDANCE, MINIMIZATION, AND

MITIGATION
If federally and/or State listed or CRPR List 1B or 2 species are found during special status plant surveys (pursuant to Mitigation Measure BIO-2, for projects within Housing Element Sites HE-2, HE3, HE-4, and HE- 5), and listed species would be directly impacted, or there would be a populationlevel impact to non-listed species, then the project shall be re-designed to avoid impacting those plant species, Listed plant species occurrences that are not within the immediate disturbance footprint but are located within 50 feet of disturbance limits shall have bright orange protective fencing installed at least 30 feet beyond their extent, or other distance as approved by a qualified biologist and approved by the City, to protect them from harm.

MITIGATION MEASURE BIO-4 MITIGATION AND MONITORING PLAN If federally and/or State listed plants or non-listed special status plant populations cannot be avoided, within Housing Element Sites HE-2,HE-3, HE-4, and HE-5, and will be impacted by development under Plan Orinda, all impacts shall be mitigated by project applicant at a minimum ratio of 1:1 with the final ratio to be determined by the City (in coordination with CDFW and USFWS as and if applicable) for each species as a component of habitat restoration. A qualified biologist shall prepare a mitigation and monitoring plan and submit it to the City for review and approval. (Note: if a federally and/or State listed plant species will be impacted, the plan shall be submitted to the USFWS and/or CDFW for review, and federal and/or State take authorization may be required by these agencies). The plan shall include, at a minimum, the following components:
▪ Description of the project/impact site (i.e., location, responsible parties, areas to be impacted by habitat type)
▪ Goal(s) of the compensatory mitigation project [type(s) and area(s) of habitat to be established, restored, enhanced, and/or preserved; specific functions and values of habitat type(s) to be established, restored, enhanced, and/or preserved]
▪ Description of the proposed compensatory mitigation site (location and size, ownership status, existing functions and values)
▪ Implementation plan for the compensatory mitigation site (rationale for expecting implementation success, responsible parties, schedule, site preparation, planting plan). ▪ Maintenance activities during the monitoring period, including weed removal as appropriate (activities, responsible parties, schedule)
▪ Monitoring plan for the compensatory mitigation site, including no less than quarterly monitoring for the first year (performance standards, target functions and values, target acreages to be established, restored, enhanced, and/or preserved, annual monitoring reports) ▪ Success criteria based on the goals and measurable objectives; said criteria to be, at a minimum, at least 80 percent survival of container plants and 30 percent relative cover by vegetation type ▪ An adaptive management program and remedial measures to address any shortcomings in meeting success criteria
▪ Notification of completion of compensatory mitigation and agency confirmation ▪ Contingency measures (initiating procedures, alternative locations for contingency compensatory mitigation, funding mechanism)
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Packet Pg. 123 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring City of Orinda
Plan Orinda
20 MITIGATION MEASURE BIO-5 LISTED SPECIES HABITAT ASSESSMENTS AND PROTOCOL SURVEYS If the results of the project-specific biological analysis, for projects within Housing Element sites HE2, HE-3, HE-4, and HE-5, determine that suitable habitat is present for any federally or State listed species, a qualified biologist shall complete protocol habitat assessments/surveys in accordance with CDFW and/or USFWS protocols prior to issuance of any construction permits. If through consultation with the CDFW and/or USFWS it is determined that protocol habitat assessments/surveys are not required, said consultation shall be documented prior to issuance of any construction permits. Each protocol has different survey and timing requirements. The project applicant shall be responsible for ensuring they understand the protocol requirements and shall hire a qualified biologist to conduct protocol surveys. A report of any habitat assessments or protocol surveys shall be submitted to the City for review and approval prior to the start of construction.

MITIGATION MEASURE BIO-6 LISTED SPECIES AVOIDANCE AND MINIMIZATION The following measures shall be applied to aquatic and/or terrestrial species as determined by the project-specific biological assessment, for projects within Housing Element Sites HE-2, HE-3, HE-4, and HE-5.
▪ Ground disturbance shall be limited to the minimum necessary to complete the project. The project limits of disturbance shall be flagged. Areas of special biological concern within or adjacent to the limits of disturbance shall have highly visible orange construction fencing installed between said area and the limits of disturbance. ▪ All projects occurring within/adjacent to aquatic habitats (including riparian habitats and wetlands) shall be completed between June 1 and October 15, to avoid impacts to sensitive aquatic species.
▪ All projects occurring within or adjacent to sensitive habitats that may support federally and/or State listed species shall have a CDFW-, NMFS-, and/or USFWS-approved biologist present during all initial ground disturbing/vegetation clearing activities. Once initial ground disturbing/vegetation clearing activities have been completed, said biologist shall conduct daily pre-activity clearance surveys for listed species. Alternatively, and upon approval of the CDFW, NMFS, and/or USFWS, said biologist may conduct site inspections at a minimum of once per week to ensure all prescribed avoidance and minimization measures are fully implemented. ▪ No listed species shall be captured and relocated without express permission from the CDFW, NMFS, and/or USFWS.
▪ If at any time during construction of the project an endangered/threatened species enters the construction site or otherwise may be impacted by the project, all project activities shall cease.

A CDFW-, NMFS-, and/or USFWS-approved biologist shall document the occurrence and consult with the CDFW, NMFS, and USFWS, as appropriate, to determine whether it was safe for project activities to resume.
▪ For all projects occurring in areas where listed species may be present and are at risk of entering the project site during construction, exclusion fencing shall be placed along the project boundaries prior to start of construction (including staging and mobilization). The placement of the fence shall be at the discretion of the CDFW-, NMFS-, and/or USFWS-approved biologist.

This fence shall consist of solid silt fencing placed at a minimum of 3 feet above grade and 2 feet below grade and shall be attached to wooden stakes placed at intervals of not more than 5 feet.

The fence shall be inspected weekly and following rain events and high wind events and shall be maintained in good working condition until all construction activities are complete.

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Packet Pg. 124 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring Topical Areas Determined to Have Potentially Significant Impacts Mitigated to Less Than Significant Revised Findings of Fact/Statement of Overriding Considerations 21 ▪ All vehicle maintenance/fueling/staging shall occur not less than 100 feet from any riparian habitat or water body. Suitable containment procedures shall be implemented to prevent spills.

A minimum of one spill kit shall be available at each work location near riparian habitat or water bodies.
▪ No equipment shall be permitted to enter wetted portions of any affected drainage channel. ▪ If project activities could degrade water quality, water quality sampling shall be implemented to identify the pre-project baseline, and to monitor during construction for comparison to the baseline.
▪ If water is to be diverted around work sites, a diversion plan shall be submitted (depending upon the species that may be present) to the CDFW, RWQCB, NMFS, and/or USFWS for their review and approval prior to the start of any construction activities (including staging and mobilization). If pumps are used, all intakes shall be completely screened with wire mesh not larger than five millimeters to prevent animals from entering the pump system. ▪ At the end of each workday, excavations shall be secured with cover or a ramp provided to prevent wildlife entrapment.
▪ All trenches, pipes, culverts or similar structures shall be inspected for animals prior to burying, capping, moving, or filling.
▪ The CDFW, NMFS-, and/or USFWS-approved biologist shall remove invasive aquatic species such as bullfrogs and crayfish from suitable aquatic habitat whenever observed and shall dispatch them in a humane manner and dispose of properly.
▪ Considering the potential for projects to impact federally and/or State listed species and their habitat, City shall contact the CDFW, NMFS, and/or USFWS to identify mitigation banks within the project service area during development under Plan Orinda. Upon implementation of development projects included in the General Plan Update, but on a project-by-project basis, if the results of the project-specific biological analysis determines that impacts to federally and/or State listed species habitat are expected, the applicant shall identify species-appropriate mitigation bank(s) servicing the region and purchase mitigation credits as feasible.

MITIGATION MEASURE BIO-7 NON-LISTED SPECIAL STATUS ANIMAL SPECIES AVOIDANCE AND

MINIMIZATION
The project-specific biological analysis, for projects within Housing Element Sites HE-2, HE-3, HE-4, and HE-5, shall identify some or all of the following measures that will be required and applicable to the individual project:
▪ For non-listed special status terrestrial amphibians and reptiles, a qualified biologist shall complete coverboard surveys within three months of the start of construction. The coverboards shall be at least 4 feet by 4 feet and constructed of untreated plywood placed flat on the ground. The coverboards shall be checked by a qualified biologist once per week for each week after placement up until the start of vegetation removal. All non-listed special status and common animals found under the coverboards shall be captured and placed in five-gallon buckets for transportation to relocation sites. All relocation sites shall be reviewed by the qualified biologist and shall consist of suitable habitat. Relocation sites shall be as close to the capture site as possible but far enough away to ensure the animal(s) is not harmed by construction of the project. Relocation shall occur on the same day as capture. CNDDB Field Survey Forms shall be submitted to the CFDW for all special status animal species observed.

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Packet Pg. 125 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring City of Orinda
Plan Orinda
22 ▪ Prior to construction, a qualified biologist shall conduct a survey of existing buildings to determine if bats are present. The survey shall be conducted during the non-breeding season (November through March). The biologist shall have access to all structures and interior attics, as needed. If a colony of bats is found roosting in any structure, further surveys shall be conducted sufficient to determine the species present and the type of roost (day, night, maternity, etc.).
▪ If bats are roosting in the building during the daytime but are not part of an active maternity colony, then exclusion measures must include one-way valves that allow bats to get out but are designed so that the bats may not re-enter the structure. Maternal bat colonies shall not be disturbed.
▪ A qualified biologist shall complete pre-construction clearance surveys within 14 days of the start of construction (including staging and mobilization). The surveys shall cover the entire disturbance footprint plus a minimum 200-foot buffer, if feasible, and shall identify all special status animal species that may occur on-site. All non-listed special status species shall be relocated from the site either through direct capture or through passive exclusion. A report of the pre-construction survey shall be submitted to the City for their review and approval prior to the start of construction.
▪ The project-specific biological analysis, for projects within Housing Element Sites HE-2, HE-3, HE4, and HE-5, shall identify some or all of the following measures that will be required and applicable to the individual project:
▪ For non-listed special status terrestrial amphibians and reptiles, a qualified biologist shall complete coverboard surveys within three months of the start of construction. The coverboards shall be at least 4 feet by 4 feet and constructed of untreated plywood placed flat on the ground. The coverboards shall be checked by a qualified biologist once per week for each week after placement up until the start of vegetation removal. All non-listed special status and common animals found under the coverboards shall be captured and placed in five-gallon buckets for transportation to relocation sites. All relocation sites shall be reviewed by the qualified biologist and shall consist of suitable habitat. Relocation sites shall be as close to the capture site as possible but far enough away to ensure the animal(s) is not harmed by construction of the project. Relocation shall occur on the same day as capture. CNDDB Field Survey Forms shall be submitted to the CFDW for all special status animal species observed. ▪ Prior to construction, a qualified biologist shall conduct a survey of existing buildings to determine if bats are present. The survey shall be conducted during the non-breeding season (November through March). The biologist shall have access to all structures and interior attics, as needed. If a colony of bats is found roosting in any structure, further surveys shall be conducted sufficient to determine the species present and the type of roost (day, night, maternity, etc.).
▪ If bats are roosting in the building during the daytime but are not part of an active maternity colony, then exclusion measures must include one-way valves that allow bats to get out but are designed so that the bats may not re-enter the structure. Maternal bat colonies shall not be disturbed.
▪ A qualified biologist shall complete pre-construction clearance surveys within 14 days of the start of construction (including staging and mobilization). The surveys shall cover the entire disturbance footprint plus a minimum 200-foot buffer, if feasible, and shall identify all special status animal species that may occur on-site. All non-listed special status species shall be relocated from the site either through direct capture or through passive exclusion. A report of H.1.a
Packet Pg. 126 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring Topical Areas Determined to Have Potentially Significant Impacts Mitigated to Less Than Significant Revised Findings of Fact/Statement of Overriding Considerations 23 the pre-construction survey shall be submitted to the City for their review and approval prior to the start of construction.

MITIGATION MEASURE BIO-8 PRE-CONSTRUCTION SURVEYS FOR NESTING BIRDS FOR

CONSTRUCTION OCCURRING WITHIN NESTING SEASON
For projects in any of the Housing Element sites or DPP area that require the removal of trees or vegetation that may contain a nesting bird, construction activities shall occur outside of the nesting season wherever feasible (September 16 to January 31), and no mitigation activity will be required.

If construction activities must occur during the nesting season (February 1 to September 15), a qualified biologist shall conduct surveys for nesting birds covered by the CFGC and MBTA no more than 14 days prior to vegetation removal. The surveys shall include the entire segment disturbance area plus a 200-foot buffer around the site. If active nests are located, all construction work shall be conducted outside a buffer zone from the nest to be determined by the qualified biologist. The buffer shall be a minimum of 50 feet for non-raptor bird species and at least 150 feet for raptor species. Larger buffers may be required depending upon the status of the nest and the construction activities occurring in the vicinity of the nest. The buffer area(s) shall be closed to all construction personnel and equipment until the adults and young are no longer reliant on the nest site. A qualified biologist shall confirm that breeding/nesting is completed, and young have fledged the nest prior to removal of the buffer. A report of these preconstruction nesting bird surveys shall be submitted to the City to document compliance within 30 days of its completion.

MITIGATION MEASURE BIO-9 WORKER ENVIRONMENTAL AWARENESS PROGRAM (WEAP) If potential impacts to special status species are identified in the project-specific biological analysis, for projects within Housing Element Sites HE-2, HE-3, HE-4, and HE-5, prior to initiation of construction activities (including staging and mobilization), all personnel associated with project construction shall attend WEAP training, conducted by a qualified biologist, to aid workers in recognizing special status resources that may occur in the project site. The specifics of the WEAP shall include identification of the sensitive species and habitats, a description of the regulatory status and general ecological characteristics of sensitive resources, and review of the limits of construction and mitigation measures required to reduce impacts to biological resources within the work area. A fact sheet conveying this information shall also be prepared for distribution to all contractors, their employers, and other personnel involved with construction of projects. All employees shall sign a form documenting provided by the trainer indicating they have attended the WEAP and understand the information presented to them. The form shall be submitted to the City to document compliance.

MITIGATION MEASURE BIO-10 INVASIVE WEED PREVENTION AND MANAGEMENT PROGRAM For those projects where activity would occur within or adjacent to sensitive habitats, such as riparian habitat or sensitive vegetation communities, as determined by the project-specific biological analysis, for projects within Housing Element sites HE-2, HE-3, HE-4, and HE-5, prior to start of construction a qualified biologist shall develop an Invasive Weed Prevention and Management Program to prevent invasion of native habitat by non-native plant species. The Invasive Weed Prevention and Management Program shall be submitted to the City for review and approval. A list of target species shall be included, along with measures for early detection and eradication. All disturbed areas shall be hydroseeded with a mix of locally native species upon completion of work in those areas. In areas where construction is ongoing, hydroseeding shall occur where no construction activities have occurred within six weeks since ground disturbing activities H.1.a
Packet Pg. 127 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring City of Orinda
Plan Orinda
24 ceased. If exotic species invade these areas prior to hydroseeding, weed removal shall occur in consultation with a qualified biologist and in accordance with the restoration plan. Landscape species shall not include noxious, invasive, and/or non-native plant species that are recognized on the Federal Noxious Weed List, California Noxious Weeds List, and/or California Invasive Plant Council Lists 1, 2, and 4.

Finding
The City finds that with incorporation of Mitigation Measures BIO-1 through BIO-10, which would reduce impacts to special status species by requiring biological resources studies for projects within the Housing Element Sites HE-2, HE-3, HE-4, and HE-5, and implementation of further requirements to avoid or reduce impacts on a project-by-project basis, the Approved Project’s biological impacts would be reduced to less than significant. Furthermore, given the developed nature of the downtown area, relatively small size of Housing Element Sites HE-2, HE-3, HE-4, and HE-5 and locations adjacent to developed areas, the potential for significant impacts would be low.

Additionally, implementation of Mitigation Measure BIO-8 would reduce impacts to nesting birds within Housing Element Sites HE-1 and HE-2, and the downtown area. Impacts to special status species would be mitigated to less than significant levels. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the Approved Project that avoid or substantially lessen the significant environmental effect to the extent feasible.

Impact BIO-2
Approved Project implementation may result in impacts to riparian habitat, sensitive natural communities, or designated critical habitat for Alameda whipsnake directly or through habitat modifications. Impacts would be significant but mitigable.

MITIGATION MEASURE BIO-11 SENSITIVE NATURAL COMMUNITY AND CRITICAL HABITAT AVOIDANCE If sensitive natural communities or critical habitat are identified at Housing Element Sites HE-2, HE-3, HE-4, or HE-5 through the Biological Resources Screening and Assessment required by Mitigation Measure BIO-1, they shall be avoided and the project shall be situated outside of critical habitats. A qualified biologist shall approve the installation of bright orange protective fencing at least 30 feet beyond the extent of the sensitive natural community during construction, or other distance the City, to protect them from harm.

MITIGATION MEASURE BIO-12 RESTORATION FOR IMPACTS TO SENSITIVE NATURAL COMMUNITIES

AND CRITICAL HABITAT
Impacts to sensitive natural communities, for projects within Housing Element Sites HE-2, HE-3, HE-4, and HE-5, (including riparian areas that may qualify as waters of the State and/or waters of the U.S. under the jurisdiction[s] of the CDFW, RWQCB, and/or USACE) and critical habitat shall be mitigated onsite or through the funding for the acquisition and in-perpetuity management of similar habitat. The project applicant shall fund and manage off-site mitigation areas through purchase of credits from an existing, approved mitigation bank or land and placed into a conservation easement or other covenant restricting development (e.g., deed restriction). On-site mitigation, off-site mitigation, or in lieu funding sufficient to acquire and manage lands, if such a program were to be developed, shall provide habitat at a minimum ratio of 1:1 for impacted lands, comparable to habitat to be impacted by individual project activity.

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Packet Pg. 128 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring Topical Areas Determined to Have Potentially Significant Impacts Mitigated to Less Than Significant Revised Findings of Fact/Statement of Overriding Considerations 25 ▪ Restoration and Monitoring. If sensitive natural communities cannot be avoided and will be impacted by the project, the project applicant shall implement a compensatory mitigation program in accordance with Mitigation Measure BIO-4 and any additional measures set forth by the regulatory agencies during the permitting process (USACE, RWQCB, and/or CDFW for sensitive natural communities and USFWS and/or NMFS for critical habitat). The project applicant shall fully restore all temporary impacts to sensitive natural communities to their natural condition.
▪ Sudden Oak Death. A qualified biologist shall inspect all nursery plants used in restoration for sudden oak death. Nursery plants selected for restoration shall be purchased from a nursery that is in compliance with annual inspections under 7 CFR 301.92, et seq. for sudden oak death.

Vegetation debris shall be disposed of properly and vehicles and equipment shall be free of soil and vegetation debris before entering natural habitats. Pruning tools shall be sanitized.

Finding
The City finds that incorporation of Mitigation Measures BIO-11 and BIO-12, which would reduce impacts to sensitive natural communities and critical habitat by requiring biological resources studies for projects within Housing Element Sites HE-2, HE-3, HE-4, or HE-5, and implementation of further requirements described above would avoid or reduce impacts on a project-by-project basis.

If there are resource impacts, mitigation would be required by permitting agencies, which would result in impacts to sensitive natural communities and critical habitat being mitigated to less than significant levels. Given the developed nature of the downtown area, relatively small size of Housing Element Sites HE-2, HE-3, HE-4, and HE-5 and locations adjacent to developed areas, the potential for significant impacts would be low. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the Approved Project that avoid or substantially lessen the significant environmental effect the extent feasible.

Impact BIO-3
Development facilitated by the Approved Project could adversely impact state or federally protected wetlands during project construction and/or operation. Impacts would be significant but mitigable.

MITIGATION MEASURE BIO-13 JURISDICTIONAL DELINEATION
If potentially jurisdictional waters and/or wetlands are identified by the project-specific analysis, for projects within Housing Element Sites HE-2, HE-3, HE-4, and HE-5, a qualified biologist shall complete a jurisdictional delineation to determine the extent of the jurisdictions for CDFW, USACE, and/or RWQCB. This delineation shall be conducted in accordance with the requirements set forth by each agency. The result shall be a preliminary jurisdictional delineation report that shall be submitted to the City, USACE, RWQCB, and CDFW, as appropriate, for review and approval.

Jurisdictional areas shall be avoided. If jurisdictional areas are expected to be impacted, then the RWQCB would require a Waste Discharge Requirements (WDRs) permit and/or Section 401 Water Quality Certification (depending upon whether the feature falls under federal jurisdiction). If CDFW asserts its jurisdictional authority, then a Streambed Alteration Agreement pursuant to Section 1600 et seq. of the CFGC would also be required prior to construction within the areas of CDFW jurisdiction. If the USACE asserts its authority, then a permit pursuant to Section 404 of the CWA would likely be required. Furthermore, a compensatory mitigation program shall be implemented in accordance with Mitigation Measure BIO-4 and the measures set forth by the aforementioned regulatory agencies during the permitting process. Compensatory mitigations for all permanent H.1.a
Packet Pg. 129 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring City of Orinda
Plan Orinda
26 impacts to waters of the U.S. and waters of the state shall be completed at a ratio as required in applicable permits but shall not be less than a minimum ratio of 1:1. All temporary impacts to waters of the U.S. and waters of the State shall be fully restored to natural condition. The project applicant shall submit the report documenting restoration activities and monitoring to the City for review and approval.

MITIGATION MEASURE BIO-14 GENERAL AVOIDANCE AND MINIMIZATION Potential jurisdictional features within the any of the Housing Element Sites or DPP area identified in jurisdictional delineation reports shall be avoided. Projects that may impact jurisdictional features shall include a report detailing how all identified jurisdictional features will be avoided, including groundwater draw down. The project applicant shall submit this report to the City for review and approval prior to construction.
▪ Material/spoils generated from project activities shall be located away from jurisdictional areas or special-status habitat and protected from storm water run-off using temporary perimeter sediment barriers such as berms, silt fences, fiber rolls (non- monofilament), covers, sand/gravel bags, and straw bale barriers, as appropriate.
▪ Materials shall be stored on impervious surfaces or plastic ground covers to prevent any spills or leakage from contaminating the ground and generally at least 50 feet from the top of bank. ▪ Any spillage of material will be stopped if it can be done safely. The contaminated area will be cleaned, and any contaminated materials properly disposed. For all spills, the project foreman or designated environmental representative will be notified.

Finding
The City finds that with incorporation of Mitigation Measures BIO-13 and BIO-14, which would reduce impacts to State and federally protected waters and wetlands by requiring jurisdictional delineations for projects within the Housing Element Sites or DPP, and implementation of further requirements to avoid or reduce impacts on a project-by-project basis. Further, given the developed nature of the DPP area, relatively small size of Housing Element Sites HE-3, HE-4, and HE-5 and locations adjacent to developed areas, the potential for significant impacts would be low. Impacts to waters and wetlands would be mitigated to less than significant levels. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, Plan Orinda that avoid or substantially lessen the significant environmental effect to the extent feasible.

Impact BIO-4
Project implementation may result in impacts to wildlife movement through habitat modifications.

Impacts would be significant but mitigable.

Mitigation Measures BIO-1 through BIO-9 would be required.

Finding
The City finds that with incorporation of Mitigation Measure BIO-1 and, as applicable, Measures BIO-2 through BIO-9, would reduce impacts to wildlife movement by requiring biological resources studies for projects within Housing Element Sites HE-3, HE-4 and HE-5, and additional mitigation if resources would be impacted. Further, given the developed nature of the downtown area, relatively small size of Housing Element Sites HE-3, HE-4, and HE-5 and locations adjacent to developed areas, the potential for significant impacts would be low. Impacts to wildlife movement would be H.1.a
Packet Pg. 130 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring Topical Areas Determined to Have Potentially Significant Impacts Mitigated to Less Than Significant Revised Findings of Fact/Statement of Overriding Considerations 27 mitigated to less than significant levels. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the Approved Project that avoid or substantially lessen the significant environmental effect to the extent feasible.

Cultural Resources
Impact CUL-1
Development projects facilitated by the Approved Project may result in the alteration or demolition of historical resources project area. Potential impacts to historical resources would be less than significant with mitigation.

MITIGATION MEASURE CUL-1 BUILT ENVIRONMENT HISTORICAL RESOURCES For a project that involves a building or structure over 45 years of age, the project applicant shall hire a qualified professional to conduct a survey and evaluation of the structure(s) to determine their eligibility for recognition under State, federal, or local historic resource designation criteria.

The evaluation shall be prepared by an architectural historian or historical architect meeting the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation, Professional Qualification Standards (PQS) as defined in 36 CFR Part 61. All buildings and structures 45 years of age or older within the Plan Area shall be evaluated in their historic context and documented in a report meeting the State Office of Historic Preservation guidelines. All evaluated properties shall be documented on Department of Parks and Recreation Series 523 Forms. The report shall be submitted to the City for review and concurrence prior to project approval.

MITIGATION MEASURE CUL-2 TREATMENT OF HISTORICAL RESOURCES If historical resources are identified through the survey and evaluation, efforts shall be made to ensure that the relocation, rehabilitation, or alteration of the resource under the proposed project is consistent with the Secretary of the Interior’s Standards for the Treatments of Historic Properties (Standards). A report identifying and specifying the treatment of character-defining features and construction activities shall be provided, demonstrating how the project complies with the Standards and avoids the substantial adverse change in the significance of the historical resource as defined by CEQA Guidelines Section 15064.5(b). The report shall be prepared by an architectural historian or historical architect meeting the PQS as defined by 36 CF Part 61 and provided to the City for review and concurrence prior to project approval.

Finding
The City finds that incorporation of Mitigation Measures CUL-1 and CUL-2 would reduce impacts on historical resources by requiring evaluations for projects within the City of Orinda and the implementation of further requirements would further avoid impacts on those resources on a project-by-project basis. Impacts to historical resources would be mitigated to less than significant levels. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the Approved Project that avoid or substantially lessen the significant environmental effect to the extent feasible.

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Plan Orinda
28 Impact CUL-2
Development facilitated by the Approved Project would have the potential to impact archaeological resources. Impacts would be less than significant with mitigation.

MITIGATION MEASURE CUL-3 ARCHAEOLOGICAL RESOURCES STUDY PROGRAM The project applicant shall hire a qualified professional to investigate the potential to disturb archaeological resources on a project site. If preliminary research suggests that cultural resources may exist, a Phase I cultural resources study shall be performed by a qualified professional meeting the Secretary of the Interior’s PQS for archaeology (NPS 1983). A Phase I cultural resources study shall include a pedestrian survey of the project site and sufficient background research and, as necessary, field sampling to determine whether archaeological resources may be present. Archival research shall include a records search at the NWIC and a Sacred Lands File (SLF) search with the Native American Heritage Commission (NAHC), and coordination with Native American tribes listed by the NAHC. The Phase I technical report documenting the study shall include recommendations to avoid or reduce impacts on archaeological resources (e.g., monitoring, extended Phase I, etc.). The City shall review and approve the Phase I technical report prior to implementation of recommendations. The project applicant shall implement the recommendations prior to issuance of building permits.

MITIGATION MEASURE CUL-4 UNANTICIPATED DISCOVERY OF CULTURAL RESOURCES In the event that archaeological resources are encountered during ground-disturbing activities, work within 60 feet of the find shall be halted and an archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for archeology (NPS 1983) shall be contacted immediately to evaluate the find. If the find is prehistoric, then a Native American representative shall also be contacted to participate in the evaluation of the find. If necessary, the evaluation may require preparation of a treatment plan and archaeological testing for CRHR eligibility. If the discovery proves to be eligible for the CRHR and cannot be avoided by the modified project, additional work, such as data recovery excavation, may be warranted to mitigate any significant impacts to historical resources. The City shall review and approve any treatment plan or modified project as applicable.

Finding
The City finds that incorporation of Mitigation Measures CUL-3 and CUL-4 would reduce impacts on archaeological resources by requiring archaeological resource studies for projects within the City of Orinda and the implementation of other requirements would avoid or reduce impacts on those resources on a project-by-project basis. Impacts would be less than significant. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the Approved Project that avoid or substantially lessen the significant environmental effect to the extent feasible.

Geology, Soils, and Mineral Resources
Impact GEO-6
Development facilitated by the Approved Project has the potential to impact paleontological resources. Impacts would be less than significant with mitigation incorporated.

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Packet Pg. 132 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring Topical Areas Determined to Have Potentially Significant Impacts Mitigated to Less Than Significant Revised Findings of Fact/Statement of Overriding Considerations 29 MITIGATION MEASURE GEO-1 PALEONTOLOGICAL RESOURCES IMPLEMENTATION PROGRAM The City of Orinda shall require avoidance and/or mitigation for potential impacts to paleontological resources for any development that occurs within high or undetermined sensitivity geologic units (Section 4.5, Geology and Soils, Table 4.5-2), whether they are mapped at the surface or occur in the subsurface. When paleontological resources are uncovered during site excavation, grading, or construction activities, work on the site will be suspended until the significance of the fossils can be determined by a qualified paleontologist. If significant resources are determined to exist, the paleontologist shall make recommendations for protection or recovery of the resource.

The City shall require the following for projects that could disturb geologic units with high paleontological sensitivity:
▪ Paleontological Resources Assessment (PRA). Prior to initial ground disturbance, the project applicant shall retain a Qualified Paleontologist to conduct a paleontological resources assessment (PRA). A qualified professional paleontologist is defined by the SVP (2010) standards as an individual preferably with an M.S. or Ph.D. in paleontology or geology who is experienced with paleontological procedures and techniques, who is knowledgeable in the geology of California, and who has worked as a paleontological mitigation project supervisor for a least two years. The PRA shall determine the age and paleontological sensitivity of geologic formations underlying the proposed disturbance area, consistent with SVP (2010) guidelines for categorizing paleontological sensitivity of geologic units within a project area. If underlying formations are found to have a high potential for paleontological resources, the Qualified Paleontologist shall create a Paleontological Mitigation and Monitoring Program, which will be approved by the City of Orinda and contain the following elements:
▪ Paleontological Worker Environmental Awareness Program (WEAP). Prior to the start of construction, the Qualified Paleontologist or their designee shall conduct a paleontological Worker Environmental Awareness Program (WEAP) training for construction personnel regarding the appearance of fossils and the procedures for notifying paleontological staff should fossils be discovered by construction staff.
▪ Paleontological Monitoring. Full-time paleontological monitoring shall be conducted during ground disturbing construction activities (i.e., grading, trenching, foundation work) previously undisturbed sediments assigned a high paleontological sensitivity (Pleistocene alluvial fan and fluvial deposits, Mulholland Formation, Orinda Formation, Neroly Sandstone, Briones Sandstone, and Hambre Sandstone). Initial part-time monitoring (i.e., spot-checking) shall be conducted for all ground-disturbing activities that impact previously undisturbed Holocene units (i.e., Holocene alluvial fan and fluvial deposits) to check for the presence of older, higher sensitivity geologic units. If older sediments are observed at depth, then full-time monitoring shall be conducted. Paleontological monitoring shall be conducted by a qualified paleontological monitor, who is defined as an individual who has experience with collection and salvage of paleontological resources and meets the minimum standards of the SVP (2010) for a Paleontological Resources Monitor. The duration and timing of the monitoring will be determined by the Qualified Paleontologist based on the observation of the geologic setting from initial ground disturbance, and subject to the review and approval by the City of Orinda. If the Qualified Paleontologist determines that full-time monitoring is no longer warranted, based on the specific geologic conditions once the full depth of excavations has been reached, they may recommend that monitoring be reduced to periodic spot-checking or ceased entirely.

Monitoring shall be reinstated if any new ground disturbances are required, and reduction or suspension shall be reconsidered by the Qualified Paleontologist at that time. In the event of a H.1.a
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30 fossil discovery by the paleontological monitor or construction personnel, all work in the immediate vicinity of the find shall cease. A Qualified Paleontologist shall evaluate the find before restarting construction activity in the area. If it is determined that the fossil(s) is (are) scientifically significant, the Qualified Paleontologist shall complete the following conditions to mitigate impacts to significant fossil resources:
▪ Fossil Salvage. If fossils are discovered, the paleontological monitor shall have the authority to halt or temporarily divert construction equipment within 50 feet of the find until the monitor and/or lead paleontologist evaluate the discovery and determine if the fossil may be considered significant. Typically, fossils can be safely salvaged quickly by a single paleontologist and not disrupt construction activity. In some cases, larger fossils (such as complete skeletons or large mammal fossils) require more extensive excavation and longer salvage periods. Bulk matrix sampling may be necessary to recover small invertebrates or microvertebrates from within paleontologically sensitive deposits
▪ Fossil Preparation and Curation. Once salvaged, significant fossils shall be identified to the lowest possible taxonomic level, prepared to a curation-ready condition, and curated in a scientific institution with a permanent paleontological collection, along with all pertinent field notes, photos, data, and maps.
▪ Final Paleontological Mitigation Report. Upon completion of ground disturbing activity (and curation of fossils if necessary) the Qualified Paleontologist shall prepare a final report describing the results of the paleontological monitoring efforts associated with the project. The report shall include a summary of the field and laboratory methods, an overview of the project geology and paleontology, a list of taxa recovered (if any), an analysis of fossils recovered (if any) and their scientific significance, and recommendations. The report shall be submitted to the City of Orinda. If the monitoring efforts produced fossils, then a copy of the report shall also be submitted to the designated museum repository.

Finding
The City finds that with incorporation of Mitigation Measure GEO-1, which would be required on all future development, impacts related to paleontological resources would be reduced to less than significant. Mitigation would require avoidance of high sensitivity geological units. Furthermore, mitigation provides a course of action if paleontological resources are uncovered during construction which include project suspension and review of resources by a paleontologist.

Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the Approved Project that avoid or substantially lessen the significant environmental effect to the extent feasible.

Transportation
Impact TRA-3
Development facilitated by the Approved Project may result in designs for on-site circulation, access, and parking areas that fail to meet industry standard design guidelines. However, with project-specific transportation impact analysis guidelines implemented as mitigation, impacts would be less than significant.

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Packet Pg. 134 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring Topical Areas Determined to Have Potentially Significant Impacts Mitigated to Less Than Significant Revised Findings of Fact/Statement of Overriding Considerations 31 MITIGATION MEASURE TRA-2 PREPARE TRANSPORTATION ANALYSIS (TA) GUIDELINES The City shall prepare guidelines to identify if a project will have a substantial adverse effect on onsite and/or off-site vehicular, bicycle, and pedestrian circulation and access to transit. At a minimum, the TA guidelines shall include appropriate references to design guidelines and standards such as Caltrans Highway Design Manual and NACTO guidelines. The guidelines shall include transportation operations and queueing analysis to ensure a project will not create potential adverse effects on driveways and the internal and external roadway network.

Finding
The City finds that with incorporation of Mitigation Measure TRA-2, impacts on on-site circulation, access and parking areas would be mitigated to a less than significant level. Mitigation would require a transportation analysis based on the City’s new guidelines to be completed for each development project prior to the permitting process. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, Plan Orinda that avoid or substantially lessen the significant environmental effect to the extent feasible.

Impact TRA-4
Development facilitated by the Approved Project would not result in inadequate emergency access during operation of new or existing development. Construction could adversely affect emergency access; however, impacts related to construction would be reduced to a less than significant level with mitigation.

MITIGATION MEASURE TRA-3 CONSTRUCTION TRAFFIC GUIDELINES Prior to issuance of building permits for Housing Element sites and Downtown Precise Plan sites, the City shall adopt guidance prepared by a qualified transportation consultant for accommodating pedestrians, bicyclists, and transit in construction zones. This shall include providing sidewalk diversion or detour plans, bicycle accommodations, and bus stop relocation or closure plans.

Finding
The City finds that incorporation of Mitigation Measure TRA-3, which would ensure that pedestrian, bicyclists, and transit would be accommodated in construction zones to avoid obstruction of emergency access, impacts would be reduced to less than significant. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the Approved Project that avoid or substantially lessen the significant environmental effect to the extent feasible.

Tribal Cultural Resources
Impact TCR-1
Development facilitated by the Approved Project may involve grading and/or excavation, which have the potential to impact previously unidentified tribal cultural resources. Impacts on tribal cultural resources would be less than significant with mitigation.

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32 MITIGATION MEASURE TCR-1 AVOIDANCE OF TRIBAL CULTURAL RESOURCES When feasible, development facilitated by the project shall be designed to avoid known tribal cultural resources. Any tribal cultural resource within 60 feet of planned construction activities shall be fenced off to ensure avoidance. The feasibility of avoidance of tribal cultural resources shall be determined by the City and applicant in consultation with local California Native American tribe(s).

MITIGATION MEASURE TCR-2 TRIBAL CULTURAL RESOURCE PLAN
A Tribal Cultural Resources Plan shall be required for development occurring in areas identified as potentially sensitive for tribal cultural resources during consultation with local California Native American tribe(s) during AB 52 consultation if required for the project. Prior to any development facilitated by the project that would include ground disturbance, the project applicant or its consultant, shall prepare a tribal cultural resources treatment plan to be implemented in the event an unanticipated archaeological resource that may be considered a tribal cultural resource is identified during construction. The plan shall include any necessary monitoring requirements, suspension of all earth-disturbing work in the vicinity of the find, avoidance of the resource or, if avoidance of the resource is infeasible, the plan shall outline the appropriate treatment of the resource in coordination with the local Native Americans and, if applicable, a qualified archaeologist. Examples of appropriate treatment for tribal cultural resources include, but are not limited to, protecting the cultural character and integrity of the resource, protecting traditional use of the resource, protecting the confidentiality of the resource, or heritage recovery. The plan shall be reviewed and approved by the City and the appropriate local California Native American tribe(s) to confirm compliance with this measure prior to construction.

MITIGATION MEASURE TCR-3 NATIVE AMERICAN MONITORING
For development occurring in areas identified as potentially sensitive for tribal cultural resources through consultation with local California Native American tribe(s), the project applicant shall retain a locally affiliated Native American monitor to observe all ground disturbance, including archaeological excavation, associated with development facilitated by the project. Monitoring methods and requirements shall be outlined in a tribal cultural resources treatment plan prepared under Mitigation Measure TCR-2. In the event of a discovery of tribal cultural resources, the steps identified in the tribal cultural resources plan prepared under Mitigation Measure TCR-2 shall be implemented.

Finding
The City finds that incorporation of Mitigation Measures TCR-1 through TCR-3 would reduce potential impacts to tribal cultural resources from development facilitated by the project to less than significant levels by requiring avoidance, treatment plans, and monitoring in areas identified as sensitive for tribal cultural resources. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the Approved Project that avoid or substantially lessen the significant environmental effect to the extent feasible.

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Impact UTIL-1
Development facilitated by the Approved Project may require the relocation or construction of new or expanded water, wastewater treatment, stormwater drainage, electric power, natural gas, and telecommunications facilities within the city. Except for Housing Element Site HE-5, new connections to utility service systems would not result in disturbance beyond individual development sites and adjacent existing infrastructure corridors; these impacts would be less than significant. However, water and wastewater infrastructure extended to and within Housing Element Site HE-5, which would involve ground disturbing activities, could result in significant environmental effects to biological resources, cultural resources, and/or other resource areas. However, implementation of mitigation would reduce impacts to less than significant.

Mitigation measures identified throughout the EIR, including mitigation measures related to biological resources, cultural resources, and geology and soils, would be implemented to minimize impacts related to ground-disturbing activities.

Finding
The City finds that with incorporation of Mitigation Measures identified throughout the EIR, impacts would be less than significant. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the Approved Project that avoid or substantially lessen the significant environmental effect to the extent feasible.

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Plan Orinda
34 5 Topical Areas Determined to have
Significant and Unavoidable Impacts
Hazards and Hazardous Materials
Impact HAZ-6
Implementation of the Approved Project could expose people or structures to a significant risk from wildland fires because the project includes sites in or near moderate, high, and very high FHSZs.

Wildfire risks could be significant.

Mitigation Measures WFR-1 through WFR-14 would be required (see Wildfire below).

FINDING
The City finds that with incorporation of Mitigation Measures WFR-1 through WFR-14, the risk of loss of structures and the risk of injury or death due to wildfires would be reduced. However, it is possible that mitigation measures would not fully prevent a significant risk of wildfires or fully protect people and structures from the risks of wildfires in all cases. Thus, this impact would remain significant and unavoidable. No additional mitigation measures to reduce this impact to less than significant levels are feasible. This impact would be significant and unavoidable.

Noise
Impact NOI-1
Development facilitated by the Approved Project would introduce new on-site operational noise sources associated with residential and mixed use development and would contribute to increases in traffic noise. The continued regulation of on-site noise under the Orinda Municipal Code would minimize disturbance to adjacent land uses, and traffic noise increases would not exceed significance thresholds; therefore, operational noise impacts would be less than significant.

Construction of individual projects facilitated by the Approved Project would temporarily increase noise levels, potentially affecting nearby noise-sensitive land uses. Provisions in the Orinda Municipal Code would limit construction noise disturbance to the extent feasible. However, construction noise may still exceed noise standards and impacts would be significant and unavoidable.

MITIGATION MEASURE NOI-1 CONSTRUCTION NOISE REDUCTION MEASURES For development projects involving construction within 50 feet of sensitive receivers, the applicant shall develop a site specific Construction Noise Reduction Program prepared by a qualified acoustical consultant to reduce construction noise impacts to the maximum extent feasible, subject to review and approval of the Planning Director in advance of issuance of building permits. The following measures to minimize exposure to construction noise shall be included:

1. Mufflers. During excavation and grading construction phases, all construction equipment, fixed or mobile, shall be operated with closed engine doors and shall be equipped with properly operating and maintained mufflers consistent with manufacturers’ standards.

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2. Air compressors. Utilize “quiet” models of air compressors and other stationary noise sources to the greatest extent practicable. Select hydraulically or electrically powered equipment and avoid pneumatically powered equipment where feasible.

3. Pile driving. If pile driving is required, pre-drill foundation pile holes to minimize the number of impacts required to seat the pile. Examine whether the use of sonic pile driving is feasible and quieter. If so, utilize that method.

4. Stationary Equipment. All stationary construction equipment shall be placed so that emitted noise is directed away from the nearest sensitive receivers. Construct temporary noise barriers or partial enclosures to acoustically shield such equipment to the maximum extent feasible.

5. Equipment Staging Areas. Equipment staging shall be located in areas that will create the greatest distance feasible between construction-related noise sources and noise-sensitive receivers.

6. Smart Back-up Alarms. Mobile construction equipment shall have smart back-up alarms that automatically adjust the sound level of the alarm in response to ambient noise levels.

Alternatively, back-up alarms shall be disabled and replaced with human spotters to ensure safety when mobile construction equipment is moving in the reverse direction.

7. Perimeter Noise Reduction. Construct solid plywood fences around construction sites adjacent to operational business, residences or other noise-sensitive land uses where the noise control plan analysis determines that a barrier would be effective at reducing noise.

8. Signage. For the duration of construction, the applicant or contractor shall post a sign in a construction zone that includes contact information for any individual who desires to file a noise complaint.

Finding
The City finds that with Implementation of Orinda Municipal Code requirements and Mitigation Measure NOI-1 would reduce construction noise. However, implementation of Mitigation Measure NOI-1 would not ensure that construction noise impacts would be reduced to below Federal Transit Administration (FTA) construction noise limits or would not result in a substantial increase over ambient noise levels. Therefore, impacts would remain significant and unavoidable.

Impact NOI-2
Operation of residential and mixed uses facilitated by the Approved Project would not result in substantial vibration or groundborne noise. However, construction facilitated by the Approved Project could temporarily generate groundborne vibration during construction, particularly through pile driving, potentially affecting nearby land uses. Mitigation measures could not ensure that impacts would be reduced to less than significant. Therefore, impacts would be significant and unavoidable.

MITIGATION MEASURE NOI-2 VIBRATION CONTROL PLAN
For projects involving pile drivers, the applicant shall prepare a Vibration Control Plan prior to the commencement of construction activities. The Vibration Control Plan shall be prepared by a licensed structural engineer and shall include methods to minimize vibration, including, but not limited to:

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36 ▪ Use of drilled piles or similar method (e.g., cast-in-place systems) rather than pile driving ▪ Use of resonance-free vibratory pile drivers
▪ Avoiding the use of vibrating equipment when allowed by best engineering practices The Vibration Control Plan shall include a pre-construction survey letter establishing baseline conditions of buildings within a 50-foot radius as well as at potentially affected extremely fragile buildings/historical resources and/or residential structures within the vicinity of the construction site. The condition of existing potentially affected properties shall be documented by photos and description of existing condition of building facades, noting existing cracks. The survey letter shall provide a shoring design to protect such buildings and structures from potential damage. At the conclusion of vibration causing activities, the qualified structural engineer hired by the applicant shall issue a follow-up letter describing damage, if any, to impacted buildings. The letter shall include recommendations for repair, as may be necessary, in conformance with the Secretary of the Interior Standards. Repairs shall be undertaken and completed by the contractor and monitored by a qualified structural engineer in conformance with all applicable codes including the California Historical Building Code (Part 8 of Title 24).

A Statement of Compliance signed by the applicant and owner is required to be submitted to the City Building Department at plan check and prior to the issuance of any permit. The Vibration Control Plan, prepared as outlined above, shall be documented by a qualified structural engineer, and shall be provided to the City upon request. A Preservation Director shall be designated and this person’s contact information shall be posted in a location near the project site that it is clearly visible to the nearby receivers most likely to be disturbed. The Director will manage complaints and concerns resulting from activities that cause vibrations. The severity of the vibration concern should be assessed by the Director, and if necessary, evaluated by a qualified noise and vibration control consultant.

Finding
The City finds that impacts associated with vibration from pile driving would be reduced to the greatest extent feasible, including avoidance of damaging a historic or cultural resources, through implementation of Mitigation Measure NOI-2. Still, impacts related to vibration may remain above distinctly perceptible levels even with implementation of a vibration control plan and would be significant and unavoidable.

Transportation
Impact TRA-2
Development facilitated by the Approved Project would generate home-based VMT per capita that would be less than 85 percent of the countywide average home-based VMT per resident. However, it is possible that development facilitated by the Approved Project would not be screened out of further project-specific VMT analysis and may exceed the VMT criteria. Even with mitigation, impacts would be significant and unavoidable.

MITIGATION MEASURE TRA-1 IMPLEMENT VMT REDUCTION MEASURES Individual housing project development proposals that do not screen out from VMT impact analysis shall provide a quantitative VMT analysis using the methods applied in this EIR, with modifications if appropriate based on future changes to City of Orinda practices and CCTA VMT analysis H.1.a
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Unbundle parking costs (i.e., sell or lease parking separately from the housing unit). Effectiveness:
up to 15.7 percent reduction in GHG from VMT per the CAPCOA Handbook.

Provide car-sharing, bike sharing, or scooter sharing programs. Effectiveness: 0.15 – 0.18 percent reduction in GHG from VMT for car share, 0.02 – 0.06 percent for bike share, and 0.07 percent for scooter share, pursuant to the CAPCOA Handbook. The higher car share and bike share values are for electric car and bike share programs.

Subsidize transit passes for residents of affordable housing. Effectiveness: up to 5.5 percent reduction in GHG from VMT pursuant to the CAPCOA Handbook.

In addition to the on-site measures noted above, individual housing projects that are above the VMT threshold could potentially contribute to future VMT mitigation fee programs, banks, or exchanges.

No regional VMT mitigation programs currently exist; however, the CCTA is currently evaluating different mitigation program frameworks which may lead to a countywide or sub-regional VMT mitigation program. Should such a program be implemented, development projects could potentially pay into a fee program or purchase mitigation credits to achieve needed VMT mitigation instead of, or in addition to, on-site TDM measures.

Finding
The City finds that with incorporation of Mitigation Measure TRA-1, impacts to VMT would be reduced to the maximum extent feasible by unbundling parking, providing car sharing, and subsidizing transit passes. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the Approved Project that avoid or substantially lessen the significant environmental effect the extent feasible. However, this impact would be significant and unavoidable.

Wildfire
Impact WFR-1b
Development facilitated by the Approved Project would be in and near a Wildland Urban Interface (WUI) or Very High Fire Hazard Severity Zone. By adding additional residents to already constrained evacuation routes, the Approved Project would substantially increase evacuation constraints. This conclusion is supported by the additional evacuation constraint analysis performed by PlaceWorks and attached as Attachment 1 to the Response to Comments document in the Revised Final EIR.

While implementation of Safety Element policies and Mitigation WFR-1 and WFR-4 through WFR-14 would help reduce this impact, the impact would remain significant and unavoidable.

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38 MITIGATION MEASURE WFR-1 DEVELOP WILDFIRE HAZARD ASSESSMENT AND PLAN AND SITES SUBJECT TO SHELTER-IN-PLACE GUIDELINES (HOUSING ELEMENT SITES HE-4 AND HE-5) The City shall require the following measures prior to approval of projects on any new development at the Housing Element Sites or in the DPP:

1. A Wildfire Hazard Assessment and Plan shall be developed for the project site.

2. Shelter-in-place design guidelines shall be required for project site development. Guidelines include the following:
▪ Well-maintained, fire district approved landscape and vegetation management plan ▪ Adequate roadway and driveway widths, designed to accommodate two-way traffic and large firefighting apparatus
▪ Adequate water supply and water flow for firefighting efforts. ▪ Vegetation modification zones surrounding the community ▪ Homes in the community are built with heavy timber, ignition-resistant eaves, residential fire sprinklers, a Class A ignition-resistant roof, dual pane (one being tempered) glass windows, and chimneys with spark arrestors containing a minimum of 0.5-inch screen.

3. Hazard Assessment and Plan and site design applying shelter-in-place guidelines must be approved by MOFD.

MITIGATION MEASURE WFR-4
The City shall publish a spreadsheet listing: adopted wildfire evacuation mitigation measures, Safety Element policies regarding wildfire evacuation, and the recommendations related to wildfire evacuation contained in the Evacuation Analysis and/or Supplemental Evacuation Analysis. This spreadsheet shall indicate the department(s) and individual(s) responsible for implementing each, any relevant deadlines for implementation, status of implementation, any known impediments to implementation (e.g., lack of funding), and proposed next steps. This spreadsheet shall be updated and made available on the City’s website.

MITIGATION MEASURE WFR-5
For the duration of the 2023-2031 Housing Element cycle, the City’s Supplemental Sales Tax Oversight Commission3(SSTOC) shall receive regular updates from City staff, including the City Manager, City Engineer, and the Education and Outreach Coordinator, on the City’s progress with regard to the items included in the spreadsheet described in WFR-4. City staff shall also provide the SSTOC with information and analysis regarding projects that are or may be included in the City’s Capital Improvement Plan (CIP) to improve wildfire evacuation. The CIP shall include information regarding the relative importance and priority of such projects.

MITIGATION MEASURE WFR-6
The City shall continue to pursue grant funding for a pedestrian and bike connection from Moraga to Orinda BART that could also be used for emergency vehicular access in the event of a wildfire or other emergency.
3 The SSTOC was established by the City Council of the City of Orinda by resolution on December 15, 2020. The full Resolution is provided here: https://www.cityoforinda.org/DocumentCenter/View/4762/SSTOC-Bylaws?bidId= H.1.a
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The City shall continue to pursue grant funding for a pedestrian and bike connection from Wilder to Downtown Orinda along SR-24 that could potentially be used in the event of a wildfire or other emergency.

MITIGATION MEASURE WFR-8
At least annually for the duration of the 2023-2031 Housing Element cycle, City staff shall provide the City Council with an update at a public meeting on the City’s progress with regard to the items included in the spreadsheet described in WFR-4.

MITIGATION MEASURE WFR-9
During the next update to the Lamorinda Fee and Finance Authority’s mitigation fee program, which is expected to commence in 2025 with an updated nexus study, City staff shall work with fellow member agencies Lafayette and Moraga to pursue collection of appropriate development impact fees to help fund potential transportation system improvements to address the impact of potential new development on emergency evacuation.

MITIGATION MEASURE WFR-10
For the duration of the 2023-2031 Housing Element cycle, the City Manager and/or their designee(s) shall continue to meet with MOFD staff at least two times a year to coordinate emergency evacuation issues. Items for future discussion would include the following:

1. Possible use of EVA routes by the public for evacuation.

2. Possible improvements to EVA routes, including the EVAs connecting Brookside Road with Boeger Ranch Road, Edgewood Road with Wilder Road, and El Toyonal with Wildcat Canyon Road and potential funding sources.

3. Any concerns MOFD may have regarding emergency vehicle use of City roadways.

MITIGATION MEASURE WFR-11
For the duration of the 2023-2031 Housing Element cycle, the City shall maintain the equivalent of a full-time staff person whose primary responsibility is to work with key stakeholders inside and outside of the City, including but not limited to residents, businesses, Moraga-Orinda Fire District, Orinda Police Department, Contra Costa County Fire Protection District, City of Lafayette, Town of Moraga, Contra Costa Office of Emergency Services, East Bay Municipal Utility District, East Bay Regional Park District, on wildfire-related risk reduction, wildfire evacuation planning, disaster preparedness training, evacuation capacity expansion/maintenance, and emergency response capability.

MITIGATION MEASURE WFR-12
At least annually for the duration of the 2023-2031 Housing Element cycle, the City Manager or their designee shall review and update as needed the City’s plans for emergency evacuation, including public education regarding resources the public should use in case of emergency to determine when, where, and how to evacuate.

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40 MITIGATION MEASURE WFR-13
By February 1, 2026, the City shall prepare a Wildfire Evacuation Plan to update and expand the 2018 Annex included with the City’s Emergency Operations Plan.

MITIGATION MEASURES WFR-14
The City will explore and employ as appropriate state-of-the-art options, technologies, and approaches prior to undertaking the next Safety Element update mandated by the state. With significant advancements currently being made in the fields of data collection, analysis, artificial intelligence (AI) and geographic information system (GIS) technologies, more robust and reliable evacuation modeling tools are expected to become available soon. Although some of these tools are already becoming available, there are reliability concerns due to the rapid advancement of technology in this field in a very short time.

Finding
The City finds that with implementation of Mitigation Measure WFR-1 and WFR-4 through WFR-14, congestion induced from additional residents at the Housing Element Sites during an evacuation may be reduced, since more new housing would be built in a way that would allow residents to shelter in place rather than evacuate during a fire. Additionally, development of a project-specific Wildfire Hazard Assessment and Plan would help identify wildfire hazards of a given site and provide additional risk minimization measures. However, Mitigation Measure WFR-1 would not ensure that residents actually shelter in place during a fire, nor is sheltering in place always advisable. Further implementation of the Safety Element Update policies, including the measures recommended in the EA/SEA, and Mitigation Measures WFR-4 through WFR-14 would also reduce evacuation constraints by ensuring coordination with federal, state, and local agencies for emergency response and evacuation; providing guidance for implementation of new evacuation and safety programs; requiring minimization of site wildfire hazards through preparation of project-specific fire protection plans and maintenance of defensible space; pursuing funding for roadway and other improvements; and enforcing state and local fire regulations. However, many of the Safety Element Update policies and Mitigation Measures WFR-4 through WFR-14 depend on cooperation of other agencies or substantial funding, which the City does not currently have and cannot guarantee. Those measures that are within the City’s control and budget—including WFR-4, -5, -8, -11, -12, and -13—involve improving transparency and information sharing with the City Council, commissions, and the public, and updating the City’s evacuation plans. These measures alone are insufficient to reduce the Approved Project’s impacts to less than significant. As a result, it is not possible to ensure that the Approved Project would not substantially increase evacuation constraints, despite implementation of mitigation and adopted policies. Thus, this impact would remain significant and unavoidable.

Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the Approved Project that avoid or substantially lessen the significant environmental effect to the extent feasible. However, this impact would be significant and unavoidable.

Impact WFR-2
The Approved Project envisions potential future development on sites that are in or near Moderate, High, and Very High FHSZs. Development facilitated by the Approved Project would expose project occupants and structures to wildfire risks for sites located in or WUIs or Very High FHSZs. Wildfire risk would be significant and unavoidable.

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Packet Pg. 144 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring Topical Areas Determined to have Significant and Unavoidable Impacts Revised Findings of Fact/Statement of Overriding Considerations 41 MITIGATION MEASURE WFR-2 CONSTRUCTION WILDFIRE RISK REDUCTION The City shall require the following measures during project construction:

1. Construction activities with potential to ignite wildfires shall be prohibited during red-flag warnings issued by the National Weather Service for the site. Example activities include welding and grinding outside of enclosed buildings.

2. Fire extinguishers shall be available onsite during project construction. Fire extinguishers shall be maintained to function according to manufacturer specifications. Construction personnel shall receive training on the proper methods of using a fire extinguisher.

3. Construction equipment powered by internal combustion engines shall be equipped with spark arresters. The spark arresters shall be maintained pursuant to manufacturer recommendations to ensure adequate performance.

At the City’s discretion, additional wildfire risk reduction requirements may be required during construction. The City shall review and approve the project-specific methods to be employed prior to building permit approval.

MITIGATION MEASURE WFR-3 PROJECT DESIGN WILDFIRE RISK REDUCTION Project landscape plans shall include fire-resistant vegetation native to Contra Costa County and/or the local microclimate of the site and prohibit the use of fire-prone species especially non-native, invasive species.

If the project site is within a known landslide area (see Figure 4.5-2 in Section 4.5, Geology and Soils), the site shall be subject to geotechnical review regarding potential post-fire slope instability.

Structural engineering features incorporated into the design of the structure to reduce the risk of damage to the structure from post-fire slope instability shall be recommended by a qualified engineer and approved by the City prior to the building permit approval.

Finding
The City finds that with implementation of Mitigation Measures WFR-2 and WFR-3, the risk of loss of structures and the risk of injury or death due to wildfires would be reduced. These measures would make structures more fire resistant and less vulnerable to loss in the event of a wildfire.

These measures would also reduce the potential for construction to inadvertently ignite a wildfire.

However, it is not possible to prevent a significant risk of wildfires or fully protect people and structures from the risks of wildfires, despite implementation of mitigation. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the Approved Project that avoid or substantially lessen the significant environmental effect to the extent feasible. However, this impact would be significant and unavoidable.

5.1 Cumulative Impacts
The City finds that the Approved Project, in conjunction with other foreseeable projects, would result in cumulatively considerable impacts.

With the exception of the unavoidable impacts to wildfire hazards, construction noise, construction vibration, VMT per capita, and development in the WUI and FHSZs, the Approved Project would have no impact, a less than significant impact, or a less than significant impact after mitigation with respect to all environmental issues.

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Packet Pg. 145 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring City of Orinda
Plan Orinda
42 As discussed in Section 4.14 Wildfire of the EIR, much of Orinda is located in the Very High FHSZs and/or is designated as a WUI. Most of the unincorporated county is designated as an SRA. Within the geographic scope for this cumulative analysis (all of Contra Costa County), wildfire-related impacts could be significant if development is in rural or high fire hazard areas that could exacerbate risks. Cumulative development throughout Contra Costa County would increase the density of development in urban areas and within designated urban service areas, which would increase the number of residents in designated WUI and FHSZs, potentially exacerbating wildfire risks or impairing adopted emergency response plans or emergency evacuation plans. All new development and infrastructure would be subject to the policies and requirements outlined in local Safety Element and emergency plans (as described in Impact WFR-1a and WFR-1b), as well as statewide standards for fire safety in the California Fire Code, as described in Impact WFR-2. However, existing plans, codes, and regulations cannot fully prevent wildfires from damaging structures or populations, and cumulative wildfire impacts would be significant.

As described in Impact WFR-1b, the Approved Project would result in significant and unavoidable impacts related to emergency evacuation constraints. While mitigation and City actions are provided to reduce this impact, this impact would remain significant and unavoidable, as the residential development anticipated under the Approved Project would make a cumulatively considerable contribution to residential development more generally in the region, and together this development would substantially increase evacuation constraints on the region’s already constrained evacuation routes. Therefore, the Approved Project would have a cumulatively considerable contribution to a significant cumulative impact related to evacuation.

As described in Impact WFR-2, the Approved Project would result in significant and unavoidable impacts related to the exposure of people to wildfire risks. While mitigation is provided, it is not possible to prevent a significant risk of wildfires or fully protect people and structures from the risks of wildfires. Therefore, the Approved Project would have a cumulatively considerable contribution to a significant cumulative impact regarding wildfires.

The Approved Project would result in substantial long-term environmental impacts and, therefore, would contribute to cumulative environmental changes that may occur due to planned and pending development. Potential impacts of the Approved Project would be cumulatively considerable.

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Packet Pg. 146 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring Feasibility of Project Alternatives
Revised Findings of Fact/Statement of Overriding Considerations 43 6 Feasibility of Project Alternatives
CEQA requires that an EIR include an analysis of a reasonable range of feasible alternatives to a project capable of avoiding or substantially lessening any significant adverse environmental impact associated with the project. The discussion of alternatives is required to include the “No Project” alternative. The EIR’s discussion of alternatives can be found in Section 6 of the Draft EIR and PREIR and is summarized here.

6.1 Alternative 1: No Project Alternative
The No Project Alternative assumes there is no change in zoning or General Plan land use designations for the parcels identified by Plan Orinda. Current uses on the sites would continue under this alternative, with future full buildout of the proposed housing and DPP sites limited by the existing zoning and General Plan designations. Buildout of the proposed housing and DPP sites under existing zoning would result in minimal residential development and additional population.

This alternative would not accomplish any of the four Housing Element Update project objectives and would not meet all DPP objectives due to limits presented by the existing zoning.

6.2 Alternative 2: DPP Plus BART Sites
Alternative 2 analyzes one of the identified Housing Element sites on Moraga Way (HE-4, Miramonte High School site) along with two parking lots owned by Caltrans adjacent to the Orinda Bay Area Rapid Transit (BART) station (BART-A and BART-B). This alternative would include all of the DPP sites identified for future housing as outlined in Tables 2-4 and 2-5 in Section 2, Project Description of the EIR. This alternative would not include Housing Element Sites HE-1, HE-2, HE-3, and HE-5.

This alternative would result in approximately 2,941 new dwelling units and approximately 8,233 new residents. This would equate to approximately 558 more units and approximately 1,561 more new residents than Plan Orinda. This pattern of development would reduce VMT as it is assumed that many of the future residents would use BART for some travel and that most residents would live closer to Downtown, which would provide local retail, commercial uses, and services.

Alternative 2 would meet or exceed all of the Housing Element Update and DPP project objectives.

6.3 Alternative 3: No DPP
Alternative 3 analyzes all of the identified Housing Element Sites (HE-1 through HE-5) along with the two BART sites (BART-A and BART-B). Although the number of dwelling units would increase under this alternative compared to the proposed project, Alternative 3 would exclude all of the DPP sites identified for future housing, and thus would involve development on fewer sites throughout the City.

This alternative would result in approximately 1,854 new dwelling units and approximately 5,190 new residents. This would equate to approximately 529 fewer units and approximately 1,482 fewer residents than Plan Orinda. This alternative would be consistent with most of the project objectives; development facilitated under this alternative would meet the State required RHNA for 6th Cycle H.1.a
Packet Pg. 147 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring City of Orinda
Plan Orinda
44 Housing Element planning period of 2023-2031, identify housing sites with a collective capacity to meet the City’s RHNA, with buffer capacity, and locate most housing sites in existing urban areas, near transit and commercial services.

Finding
CEQA provides that a public agency may not approve a project with significant, unavoidable environmental impacts unless it makes certain findings, including the finding that “[s]pecific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report.” (Pub. Resources Code Section 21081; see also CEQA Guidelines Section 15091.) Here, the City finds, based on the Revised Final EIR and other information in the record, that:

The No Project Alternative (Alternative 1) is infeasible because it would not meet any of the project objectives related to the Housing Element, including the objective of compliance with State Housing Element Law. Furthermore, Alternative 1 would reduce all significant and unavoidable impacts but would result in greater impacts to land use and planning than the proposed project and would have significant and unavoidable wildfire evacuation impacts (WFR-1b).

Alternative 2 is infeasible because the BART sites are not currently ready for residential development, nor would they be developable within the eight-year horizon of the Housing Element, and thus would not qualify as Housing Element Sites. In addition, Alternative 2 would result in more significant impact to aesthetics, utilities and service systems, and wildfire (Impact WFR-1b) than Plan Orinda. Because the Approved Project would result in less development (and lesser impacts) than Plan Orinda, Alternative 2 would also result in more significant impacts than the Approved Project.

Alternative 3 is infeasible because the BART sites are not currently ready for residential development, nor would they be developable within the eight-year horizon of the Housing Element, and thus would not qualify as Housing Element Sites. In addition, Alternative 3 would result in more significant impact to aesthetics and utilities than Plan Orinda. Because the Approved Project would result in less development (and lesser impacts) than Plan Orinda, Alternative 3 would also result in more significant impacts than the Approved Project.

The findings for the Approved Project set forth in this document and the overriding social, economic and other considerations set forth in the Statement of Overriding Considerations provide support for the Approved Project and the elimination of these alternatives from further consideration.

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Packet Pg. 148 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring Revised Statement of Overriding Considerations
Revised Findings of Fact/Statement of Overriding Considerations 45 7 Revised Statement of Overriding
Considerations
CEQA requires the decision-making agency to balance the benefits of a project against its significant unavoidable impacts. If the benefits of the project outweigh its unavoidable adverse environmental effects, those effects may be considered acceptable (CEQA Guidelines Section 15093(a)). CEQA requires the agency to state in writing the specific reasons for considering a project acceptable when significant impacts are not avoided or substantially lessened. Those reasons must be based on substantial evidence in the Final EIR or elsewhere in the administrative record (CEQA Guidelines Section 15093(b)). Plan Orinda, including the Approved Project could result in significant unavoidable impacts related to hazards and hazardous materials, transportation, noise, and wildfire even after incorporation of feasible mitigation measures. These significant unavoidable impacts are identified and discussed in Section 5 of these Findings.

Here, the City has already approved the Housing Element and Safety Element Update components of Plan Orinda. Pursuant to the Writ issued by the Court, the City was required to rescind its certification of the original Plan Orinda FEIR, revise the EIR in part, certify the revised EIR, and adopt revised CEQA Findings and Statement of Overriding Considerations in support of its prior approval of the Housing Element and Safety Element components of Plan Orinda (the Approved Project). The Writ allows, but does not require, the City to re-approve the Downtown Precise Plan (DPP) component of Plan Orinda. The City is not reapproving the DPP at this time, and therefore this Revised Statement of Overriding Considerations refers only to the benefits of the Housing Element and Safety Element Updates (the Approved Project) that outweigh the unavoidable adverse environmental effects identified in the EIR. If the City approves the DPP component of Plan Orinda (with or without revisions) in the future, the City will comply with CEQA’s requirements regarding CEQA findings and override findings for the DPP at that time.

The City finds that each of the benefits set forth below in this Statement constitute a separate and independent ground for finding that the benefits of the Approved Project, which was approved on January 31, 2023 and remains operative today, outweigh the risks of potential significant adverse environmental impacts. The benefits of the Approved Project, which constitute the specific economic, legal, social, technological and other considerations that justify leaving the Approved Project in place as approved on January 31, 2023, and without revision are as follows:
▪ Through numerous legislative actions in the past several years, the State of California has identified the lack of housing as a significant area of public concern, leading to an unsustainable lack of housing affordability, increased homelessness, social stress related to increased poverty and a reduction in economic prosperity for many state residents. In the current RHNA cycle, Orinda has been allocated 1,359 units between 2023 and 2031. The Housing Element Update component of Plan Orinda satisfies that state requirement. The Court in the OSEE litigation recognized this in its rulings. For example, the Court stated: “[T]he Court is constrained to observe that the policy makers’ hands may be more or less tied by the consideration (which petitioners do not contest) that the Project must be done because the state has mandated it.” (Minute Order Page 30).
▪ Under State law, the City must adopt a Housing Element Update which meets its assigned RHNA requirement and allows for future growth and development. The Housing Element Update component of Plan Orinda satisfies that state requirement. As the Court in the OSEE litigation stated: “The backdrop to the Court's discussion of the specific challenges to the FEIR raised by H.1.a
Packet Pg. 149 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring City of Orinda
Plan Orinda
46 Petitioner is that the Project is an attempt by the City to timely fulfill certain mandates to address California’s severe housing shortage imposed through the RHNA new housing allocation imposed on the City and other municipalities and jurisdictions by January 31, 2023. January 31, 2023 was the statutory deadline set under the Housing Law for the City and other municipalities and jurisdictions to update their Housing Elements in their general plans to accommodate the new housing allocated to them. (Govt. Code §§ 66580 et seq.) Petitioner does not dispute the City was obligated to add the new housing subject to Plan Orinda based on its RHNA and the Housing Law. The new housing had to be added somewhere in the City, a city that the parties do not dispute is located in or near areas with high wildfire risks and that already has traffic congestion and evacuation constraints based on its topography and the limited number of main evacuation routes, primarily the highway SR-24.” (See Minute Order Page 11 [administrative record citations omitted).]
▪ Plan Orinda, including the Approved Project, was shaped by an extensive public outreach process that engaged the community and decision-makers. The City hosted a series of community workshops, online forums, stakeholder interviews, and Planning Commission/City Council study sessions. Plan Orinda was developed with all this public input and consideration. ▪ The Safety Element and Housing Element Update components of Plan Orinda (the Approved Project) would achieve a number of economic benefits that address both City and regional goals for fiscal sustainability, housing supply and affordability, and enhancement of public infrastructure and facilities.
▪ Plan Orinda includes a state-mandated Safety Element Update that establishes a framework that anticipates hazards and prepares the community to minimize exposure to these risks, including those related to wildfire and emergency evacuation. ▪ In response to concerns and suggestions raised in some of the comments on the Partially Revised EIR, the Revised MMRP includes additional wildfire evacuation mitigation measures, including additional commitments of City staff time and resources to pursue funding, coordinate with other agencies, and inform the public of actions taken to improve evacuation conditions.

These additional measures will provide new and additional safety benefits to Orindans in the event a wildfire evacuation is necessary. While these additional mitigation measures will not reduce the impacts to a level of insignificance, they will provide benefits regardless of how much new development is constructed under the certified Housing Element. On balance, the City finds that there are specific considerations associated with the Safety Element and Housing Element Update components of Plan Orinda that serve to override and outweigh the significant unavoidable effects identified in the EIR. Therefore, pursuant to CEQA Guidelines Section 15093(b), these adverse effects are considered acceptable.

As the Court noted in its Minute Order, these override findings are not required to provide a comparative analysis of “how the Project’s benefits are deemed to outweigh its environmental downside.” (Minute Order Page 30). The Court reasoned: "The Project’s benefits (e.g., providing more housing for California residents and complying with state housing mandates) are apples; the Project’s environmental downsides (adverse effect on wildfire risk and evacuation) are oranges.

There is no math or science that allows an EIR’s analysis to quantify how one does or doesn’t outweigh the other. That weighing of the plus-side apples against the minus-side oranges is a policy decision, the decision that the policy makers are to decide – not that an EIR can or should dictate to them.” (Minute Order Page 30). Thus, these override findings set forth the benefits of the Approved Project and find that these benefits outweigh the environmental impacts identified in the Revised Final EIR.

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Packet Pg. 150 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring Plan Orinda Partially Revised
Environmental Impact Analysis
Revised Mitigation Monitoring and Reporting Program
prepared by
City of Orinda
Planning Department
22 Orinda Way
Orinda, California 94563
prepared with the assistance of
Rincon Consultants, Inc.
449 15th Street, Suite 303
Oakland, California 94612
March 2025
EXHIBIT A-2
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Packet Pg. 151 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring Revised Mitigation Monitoring and Reporting Program
Revised Mitigation Monitoring and Reporting Program 1
Revised Mitigation Monitoring and Reporting
Program
CEQA requires that a reporting or monitoring program be adopted for the conditions of project approval that are necessary to mitigate or avoid significant effects on the environment (Public Resources Code 21081.6). This mitigation monitoring and reporting program is intended to track and ensure compliance with adopted mitigation measures during the project implementation phase. For each mitigation measure recommended in the Final Revised Environmental Impact Report (Final EIR), specifications are made herein that identify the action required, the monitoring that must occur, and the agency or department responsible for oversight.

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Packet Pg. 152 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring City of Orinda
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Aesthetics
AES-1: City of Orinda Objective Design Standards
The City, with the guidance of a qualified urban design firm, shall develop and adopt objective design standards for the Plan Orinda area similar to the City’s current Senior Housing Overlay standards prior to development of the Housing Element sites. Objective Design Standards shall include guidance including but not limited to structure design, massing, intensity, lighting, and landscaping. For the Housing Element sites, the Objective Design Standards shall require tree planting or other screening measures to ensure that the general aesthetic of Orinda’s roadways would not be substantially adversely affected by the project.

Completion of the selected measure or a combination of the selected measures must to the extent feasible include properties located within the Cummings Valley Area.

Develop and adopt objective design standards for
the Plan Orinda area.

Prior to development of the
Housing Element sites
Once City of Orinda
Air Quality
AQ-1: Individual Air Quality Analysis
For individual projects subject to CEQA that do not meet the BAAQMD construction and/or operational screening criteria under Table 4.2-3, individual air quality analysis shall be conducted to determine project significance. Where individual projects exceed BAAQMD significance thresholds detailed under Table 4.2-4, mitigation measures shall be incorporated to reduce emissions to below thresholds or to the furthest extent possible. Construction mitigation measures may include, but are not limited to, incorporation of Tier 4 and/or alternative fueled equipment, use of onsite power sources instead of generators, and use of low/no-VOC content architectural coatings. Operational mitigation measures may include, but are not limited to, increased incorporation of PV beyond regulatory requirements, increased incorporation of EV charging stations and/or infrastructure beyond regulatory requirements, incorporation of a development wide, ride-share system, or elimination of natural gas usage within residential developments.

Individual project analysis and accompanying emission-reduction measures shall be approved by the City and/or BAAQMD prior to issuance of a permit to construct or permit to operate.

Projects that do not meet BAAQMD screening
criteria will undergo individual air quality analysis.

Projects that exceed BAAQMD significance will
incorporate both construction and operational
mitigation measures which shall be approved by
the city.

Prior to issuance of a permit to
construct or a permit to operate
Once City of Orinda
AQ-2: Construction Emissions Measures
As part of the City’s development approval and building permit issuance process, the City shall require project applicants to comply with the current Bay Area Air Quality Management District’s basic control measures for reducing construction emissions of PM10 (Table 8-2, Basic Construction Mitigation Measures Recommended for All Proposed Projects, of the May 2017 BAAQMD CEQA Guidelines), outlined below.

1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times a day.

2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.

3. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.

4. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour

5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California Airborne Toxics Control Measure Title 13, Section 2485 of California Code of Regulations).

Clear signage shall be provided for construction workers at all access points.

7. All construction equipment shall be maintained and properly tuned in accordance with manufacture’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper conditions prior to operation.

8. Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. BAAQMD’s number shall also be visible to ensure compliance with applicable regulations.

The City will require applicants to comply with
BAAQMD’s basic control measures for reducing
construction emissions of PM10
As part of the City’s
development approval and
building permit issuance
process
Once City of Orinda
H.1.a
Packet Pg. 154 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring City of Orinda
Plan Orinda Revised Mitigation Monitoring and Reporting Program 4 Mitigation Measure Action Required Monitoring Timing
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AQ-3: Construction Health Risk Assessment
For individual projects where construction activities would occur within 1,000 feet of sensitive receptors, would use diesel equipment for longer than two months and would not utilize Tier 4 and/or alternative fuel construction equipment, a construction health risk assessment (HRA) shall be prepared. If an HRA is to be prepared, the HRA shall determine potential risk and compare the risk to the following BAAQMD thresholds:

Non-compliance with Qualified Community Risk Reduction Plan;  Increased cancer risk of > 10.0 in a million;
 Increased non-cancer risk of > 1.0 Hazard Index (Chronic or Acute); or  Ambient PM2.5 increase of > 0.3 µg/m3 annual average
If risk exceeds the thresholds, measures such as requiring the use of Tier 4 and/or alternative fuel construction equipment shall be incorporated to reduce the risk to appropriate levels.

For individual projects where construction activities
would occur within 1,000 feet of sensitive
receptors, would use diesel equipment for longer
than two months and would not utilize Tier 4
and/or alternative fuel construction equipment, a
construction health risk assessment (HRA) shall be
prepared to determine potential risk and compare
the risk to BAAQMD thresholds.

Prior to construction Once City of Orinda
Biological Resources
BIO-1: Biological Resources Screening and Assessment
For projects within Housing Element Sites HE-2, HE-3, HE-4, and HE-5 that would require grading or vegetation trimming or removal, the project applicant shall hire a qualified biologist to perform a preliminary biological resources screening, for the City’s review and approval, to determine whether the project has the potential to impact special status biological resources, inclusive of special status plants and animals, sensitive vegetation communities, jurisdictional waters (including creeks, drainages, streams, ponds, vernal pools, riparian areas and other wetlands), critical habitat, wildlife movement area, or biological resources protected under local or regional ordinances or an existing HCP or NCCP. If it is determined that the project has no potential to impact biological resources, no further action is required.

If the project would have the potential to impact biological resources, prior to construction, a qualified biologist shall conduct a project-specific biological analysis to document the existing biological resources within a project footprint plus a minimum buffer of 50 feet around the project footprint, as is feasible, and to determine the potential impacts to those resources, as approved by the City. The project-specific biological analysis shall evaluate the potential for impacts to all biological resources including, but not limited to special status species, nesting birds, wildlife movement, sensitive plant communities, critical habitats, and other resources judged to be sensitive by local, State, and/or federal agencies. If the project would have the potential to impact these resources, mitigation measures BIO-2 through BIO-9 shall be incorporated and recommendations developed to enhance wildlife movement (e.g., installation of wildlife friendly fencing), as applicable, to reduce impacts to less than significant levels. Pending the results of the project-specific biological analysis, City review, design alterations, further technical studies (e.g., protocol surveys) and consultations with the USFWS, NMFS, CDFW, and/or other local, State, and federal agencies may be required. Note that specific surveys described in the mitigation measures below may be completed as part of the project-specific biological analysis where suitable habitat is present.

For projects within Housing Element Sites HE-2, HE3, HE-4, and HE-5 that would require grading or vegetation trimming or removal, the project
applicant shall hire a qualified biologist to perform
a preliminary biological resources screening, for the
City’s review and approval.

Prior to construction Once City of Orinda
BIO-2: Special Status Plan Species Surveys
If the project-specific biological analysis, for projects within Housing Element Sites HE-2, HE-3, HE-4, and HE-5, determines that there is potential for significant impacts to federally or State listed plants from project development, a qualified biologist shall complete surveys for special status plants prior to any vegetation removal, grubbing, or other construction activity (including staging and mobilization). The surveys shall be floristic in nature and shall be seasonally timed to coincide with the target species blooming season or identifiable period identified in the project-specific biological analysis. All special status plant species identified on site shall be mapped onto a site-specific aerial photograph or topographic map with the use of Global Positioning System (GPS) unit. Surveys shall be conducted in accordance with the most current protocols established by the CDFW, USFWS, and the local jurisdictions if said protocols exist. A report of the survey results shall be submitted to the City, and the CDFW and/or USFWS, as appropriate, for review and/or approval.

If the project-specific biological analysis, for
projects within Housing Element Sites HE-2, HE-3,
HE-4, and HE-5, determines that there is potential
for significant impacts to federally or State listed
plants from project development, a qualified
biologist shall complete surveys for special status
plants. All special status species identified on site
shall be mapped onto a site-specific aerial
photograph or topographic map with the use of
Global Positioning System (GPS)
Prior to any vegetation removal,
grubbing, or other construction
activity (including staging and
mobilization)
Once City of Orinda
BIO-3: Special Status Plant Species Avoidance, Minimization, and Mitigation If federally and/or State listed or CRPR List 1B or 2 species are found during special status plant surveys (pursuant to Mitigation Measure BIO-2, for projects within Housing Element Sites HE-2, HE-3, HE-4, and HE-5), and listed species would be directly impacted, or there would be a population-level impact to non-listed species, then the project shall be re-designed to avoid impacting those plant species, Listed plant species occurrences that are not within the immediate disturbance footprint but are located within 50 feet of disturbance limits shall have bright orange protective fencing installed at least 30 feet beyond their extent, or other distance as approved by a qualified biologist and approved by the City, to protect them from harm.

If federally and/or State listed or CRPR List 1B or 2
species are found during special status plant
surveys (pursuant to Mitigation Measure BIO-2, for
projects within Housing Element Sites HE-2, HE-3,
HE-4, and HE-5), and listed species would be
directly impacted, or there would be a populationlevel impact to non-listed species, then the project shall be re-designed to avoid impacting those plant
species.

Prior to any vegetation removal,
grubbing, or other construction
activity (including staging and
mobilization)
Once City of Orinda
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Packet Pg. 155 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring Revised Mitigation Monitoring and Reporting Program
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BIO-4: Mitigation and Monitoring Plan
If federally and/or State listed plants or non-listed special status plant populations cannot be avoided, within Housing Element Sites HE-2, HE-3, HE-4, and HE-5, and will be impacted by development under Plan Orinda, all impacts shall be mitigated by project applicant at a minimum ratio of 1:1 with the final ratio to be determined by the City (in coordination with CDFW and USFWS as and if applicable) for each species as a component of habitat restoration. A qualified biologist shall prepare a mitigation and monitoring plan and submit it to the City for review and approval. (Note: if a federally and/or State listed plant species will be impacted, the plan shall be submitted to the USFWS and/or CDFW for review, and federal and/or State take authorization may be required by these agencies).

The plan shall include, at a minimum, the following components:
 Description of the project/impact site (i.e., location, responsible parties, areas to be impacted by habitat type)  Goal(s) of the compensatory mitigation project [type(s) and area(s) of habitat to be established, restored, enhanced, and/or preserved; specific functions and values of habitat type(s) to be established, restored, enhanced, and/or preserved]  Description of the proposed compensatory mitigation site (location and size, ownership status, existing functions and values)  Implementation plan for the compensatory mitigation site (rationale for expecting implementation success, responsible parties, schedule, site preparation, planting plan).
 Maintenance activities during the monitoring period, including weed removal as appropriate (activities, responsible parties, schedule)
 Monitoring plan for the compensatory mitigation site, including no less than quarterly monitoring for the first year (performance standards, target functions and values, target acreages to be established, restored, enhanced, and/or preserved, annual monitoring reports)
 Success criteria based on the goals and measurable objectives; said criteria to be, at a minimum, at least 80 percent survival of container plants and 30 percent relative cover by vegetation type  An adaptive management program and remedial measures to address any shortcomings in meeting success criteria  Notification of completion of compensatory mitigation and agency confirmation  Contingency measures (initiating procedures, alternative locations for contingency compensatory mitigation, funding mechanism) A qualified biologist shall prepare a mitigation and
monitoring plan in order to mitigate any impacts to
federally and/or State listed plants or non-listed
special status plants that cannot be avoided and
submit it to the City for review and approval.

Prior to construction Once City of Orinda
BIO-5: Listed Species Habitat Assessments and Protocol Surveys If the results of the project-specific biological analysis, for projects within Housing Element Sites HE-2, HE-3, HE-4, and HE-5, determine that suitable habitat is present for any federally or State listed species, a qualified biologist shall complete protocol habitat assessments/surveys in accordance with CDFW and/or USFWS protocols prior to issuance of any construction permits. If through consultation with the CDFW and/or USFWS it is determined that protocol habitat assessments/surveys are not required, said consultation shall be documented prior to issuance of any construction permits. Each protocol has different survey and timing requirements. The project applicant shall be responsible for ensuring they understand the protocol requirements and shall hire a qualified biologist to conduct protocol surveys. A report of any habitat assessments or protocol surveys shall be submitted to the City for review and approval prior to the start of construction.

If the results of the project-specific biological
analysis, for projects within Housing Element Sites
HE-2, HE-3, HE-4, and HE-5, determine that suitable
habitat is present for any federally or State listed
species, a qualified biologist shall complete
protocol habitat assessments/surveys in
accordance with CDFW and/or USFWS protocols.

Prior to issuance of any
construction permits
Once City of Orinda
H.1.a
Packet Pg. 156 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring City of Orinda
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BIO-6: Listed Species Avoidance and Minimization
The following measures shall be applied to aquatic and/or terrestrial species as determined by the project-specific biological assessment, for projects within Housing Element Sites HE-2, HE-3, HE-4, and HE-5.  Ground disturbance shall be limited to the minimum necessary to complete the project. The project limits of disturbance shall be flagged. Areas of special biological concern within or adjacent to the limits of disturbance shall have highly visible orange construction fencing installed between said area and the limits of disturbance.  All projects occurring within/adjacent to aquatic habitats (including riparian habitats and wetlands) shall be completed between April 1 and October 31, to avoid impacts to sensitive aquatic species.  All projects occurring within or adjacent to sensitive habitats that may support federally and/or State listed species shall have a CDFW-, NMFS-, and/or USFWS-approved biologist present during all initial ground disturbing/vegetation clearing activities. Once initial ground disturbing/vegetation clearing activities have been completed, said biologist shall conduct daily pre-activity clearance surveys for listed species. Alternatively, and upon approval of the CDFW, NMFS, and/or USFWS, said biologist may conduct site inspections at a minimum of once per week to ensure all prescribed avoidance and minimization measures are fully implemented.
 No listed species shall be captured and relocated without express permission from the CDFW, NMFS, and/or USFWS.  If at any time during construction of the project an endangered/ threatened species enters the construction site or otherwise may be impacted by the project, all project activities shall cease. A CDFW-, NMFS-, and/or USFWS-approved biologist shall document the occurrence and consult with the CDFW, NMFS, and USFWS, as appropriate, to determine whether it was safe for project activities to resume.
 For all projects occurring in areas where listed species may be present and are at risk of entering the project site during construction, exclusion fencing shall be placed along the project boundaries prior to start of construction (including staging and mobilization). The placement of the fence shall be at the discretion of the CDFW-, NMFS-, and/or USFWS-approved biologist. This fence shall consist of solid silt fencing placed at a minimum of 3 feet above grade and 2 feet below grade and shall be attached to wooden stakes placed at intervals of not more than 5 feet. The fence shall be inspected weekly and following rain events and high wind events and shall be maintained in good working condition until all construction activities are complete.  All vehicle maintenance/fueling/staging shall occur not less than 100 feet from any riparian habitat or water body. Suitable containment procedures shall be implemented to prevent spills. A minimum of one spill kit shall be available at each work location near riparian habitat or water bodies.
 No equipment shall be permitted to enter wetted portions of any affected drainage channel.  If project activities could degrade water quality, water quality sampling shall be implemented to identify the pre-project baseline, and to monitor during construction for comparison to the baseline.  If water is to be diverted around work sites, a diversion plan shall be submitted (depending upon the species that may be present) to the CDFW, RWQCB, NMFS, and/or USFWS for their review and approval prior to the start of any construction activities (including staging and mobilization). If pumps are used, all intakes shall be completely screened with wire mesh not larger than five millimeters to prevent animals from entering the pump system.  At the end of each workday, excavations shall be secured with cover or a ramp provided to prevent wildlife entrapment.  All trenches, pipes, culverts or similar structures shall be inspected for animals prior to burying, capping, moving, or filling.  The CDFW, NMFS-, and/or USFWS-approved biologist shall remove invasive aquatic species such as bullfrogs and crayfish from suitable aquatic habitat whenever observed and shall dispatch them in a humane manner and dispose of properly.  Considering the potential for projects to impact federally and/or State listed species and their habitat, City shall contact the CDFW, NMFS, and/or USFWS to identify mitigation banks within the project service area during development under Plan Orinda.

Upon implementation of development projects included in the General Plan Update, but on a project-by-project basis, if the results of the project-specific biological analysis determines that impacts to federally and/or State listed species habitat are expected, the applicant shall identify species-appropriate mitigation bank(s) servicing the region and purchase mitigation credits as feasible.

The City shall require implementation of measures
to avoid and/or minimize impacts to aquatic and/or
terrestrial listed species
During construction Once City of Orinda
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BIO-7: Non-Listed Special Status Animal Species Avoidance and Minimization The project-specific biological analysis, for projects within Housing Element Sites HE-2, HE-3, HE-4, and HE-5, shall identify some or all of the following measures that will be required and applicable to the individual project:
 For non-listed special status terrestrial amphibians and reptiles, a qualified biologist shall complete coverboard surveys within three months of the start of construction. The coverboards shall be at least 4 feet by 4 feet and constructed of untreated plywood placed flat on the ground. The coverboards shall be checked by a qualified biologist once per week for each week after placement up until the start of vegetation removal. All non-listed special status and common animals found under the coverboards shall be captured and placed in five-gallon buckets for transportation to relocation sites. All relocation sites shall be reviewed by the qualified biologist and shall consist of suitable habitat. Relocation sites shall be as close to the capture site as possible but far enough away to ensure the animal(s) is not harmed by construction of the project. Relocation shall occur on the same day as capture. CNDDB Field Survey Forms shall be submitted to the CFDW for all special status animal species observed.  Prior to construction, a qualified biologist shall conduct a survey of existing buildings to determine if bats are present. The survey shall be conducted during the non-breeding season (November through March). The biologist shall have access to all structures and interior attics, as needed. If a colony of bats is found roosting in any structure, further surveys shall be conducted sufficient to determine the species present and the type of roost (day, night, maternity, etc.).  If bats are roosting in the building during the daytime but are not part of an active maternity colony, then exclusion measures must include one-way valves that allow bats to get out but are designed so that the bats may not re-enter the structure. Maternal bat colonies shall not be disturbed.
 A qualified biologist shall complete pre-construction clearance surveys within 14 days of the start of construction (including staging and mobilization). The surveys shall cover the entire disturbance footprint plus a minimum 200-foot buffer, if feasible, and shall identify all special status animal species that may occur on-site. All non-listed special status species shall be relocated from the site either through direct capture or through passive exclusion. A report of the pre-construction survey shall be submitted to the City for their review and approval prior to the start of construction.  A qualified biologist shall be present during all initial ground disturbing activities, including vegetation removal to recover special status animal species unearthed by construction activities.  Project activities shall be restricted to daylight hours.  Upon project completion, a qualified biologist shall prepare a Final Compliance Report documenting all compliance activities implemented for the project, including the pre-construction survey results. The report shall be submitted to the City within 30 days of project completion.
 If special status bat species may be present and impacted by the project, within 30 days of the start of construction a qualified biologist shall conduct a presence/absence surveys for special status bats in consultation with the CDFW and the City where suitable roosting habitat is present. Surveys shall be conducted using acoustic detectors and by searching tree cavities, crevices, and other areas where bats may roost. If active roosts are located, exclusion devices such as netting shall be installed to discourage bats from occupying the site. If a roost is determined by a qualified biologist to be used by a large number of bats (large hibernaculum), bat boxes shall be installed near the project site. The number of bat boxes installed will depend on the size of the hibernaculum and shall be determined through consultations with the CDFW. If a maternity colony has become established, all construction activities shall be postponed within a 500-foot buffer around the maternity colony until it is determined by a qualified biologist that the young have dispersed. Once it has been determined that the roost is clear of bats, the roost shall be removed immediately upon approval from CDFW and the City.

The City shall require implementation of measures
to avoid and/or minimize impacts to non-listed
special status animal species.

Prior to construction Once City of Orinda
BIO-8: Pre-construction Surveys for Nesting Birds for Construction Occurring within Nesting Season For projects in any of the Housing Element sites or DPP area that require the removal of trees or vegetation that may contain a nesting bird, construction activities shall occur outside of the nesting season wherever feasible (September 16 to January 31), and no mitigation activity will be required. If construction activities must occur during the nesting season (February 1 to September 15), a qualified biologist shall conduct surveys for nesting birds covered by the CFGC and MBTA no more than 14 days prior to vegetation removal. The surveys shall include the entire segment disturbance area plus a 200-foot buffer around the site. If active nests are located, all construction work shall be conducted outside a buffer zone from the nest to be determined by the qualified biologist. The buffer shall be a minimum of 50 feet for non-raptor bird species and at least 150 feet for raptor species. Larger buffers may be required depending upon the status of the nest and the construction activities occurring in the vicinity of the nest. The buffer area(s) shall be closed to all construction personnel and equipment until the adults and young are no longer reliant on the nest site. A qualified biologist shall confirm that breeding/nesting is completed, and young have fledged the nest prior to removal of the buffer. A report of these preconstruction nesting bird surveys shall be submitted to the City to document compliance within 30 days of its completion.

If construction activities must occur during the
nesting season (February 1 to September 15), a
qualified biologist shall conduct surveys for nesting
birds covered by the CFGC and MBTA no more than
14 days prior to vegetation removal. A report of
these preconstruction nesting bird surveys shall be
submitted to the City to document compliance
within 30 days of its completion.

The survey shall be conducted
more than 14 days prior to
vegetation removal and be
submitted to the City within 30
days of completion.

Once City of Orinda
H.1.a
Packet Pg. 158 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring City of Orinda
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BIO-9: Worker Environmental Awareness Program (WEAP)
If potential impacts to special status species are identified in the project-specific biological analysis, for projects within Housing Element Sites HE-2, 3, 4, and 5, prior to initiation of construction activities (including staging and mobilization), all personnel associated with project construction shall attend WEAP training, conducted by a qualified biologist, to aid workers in recognizing special status resources that may occur in the project site. The specifics of the WEAP shall include identification of the sensitive species and habitats, a description of the regulatory status and general ecological characteristics of sensitive resources, and review of the limits of construction and mitigation measures required to reduce impacts to biological resources within the work area. A fact sheet conveying this information shall also be prepared for distribution to all contractors, their employers, and other personnel involved with construction of projects. All employees shall sign a form documenting provided by the trainer indicating they have attended the WEAP and understand the information presented to them. The form shall be submitted to the City to document compliance.

A qualified biologist shall administer WEAP training
for construction personnel and a form documenting
this training for each construction worker shall be
submitted to the City.

Prior to construction Once City of Orinda
BIO-10: Invasive Weed Prevention and Management Program For those projects where activity would occur within or adjacent to sensitive habitats, such as riparian habitat or sensitive vegetation communities, as determined by the project-specific biological analysis, for projects within Housing Element Sites HE-2, HE-3, HE-4, and HE-5, prior to start of construction a qualified biologist shall develop an Invasive Weed Prevention and Management Program to prevent invasion of native habitat by non-native plant species. The Invasive Weed Prevention and Management Program shall be submitted to the City for review and approval. A list of target species shall be included, along with measures for early detection and eradication. All disturbed areas shall be hydroseeded with a mix of locally native species upon completion of work in those areas. In areas where construction is ongoing, hydroseeding shall occur where no construction activities have occurred within six weeks since ground disturbing activities ceased. If exotic species invade these areas prior to hydroseeding, weed removal shall occur in consultation with a qualified biologist and in accordance with the restoration plan. Landscape species shall not include noxious, invasive, and/or non-native plant species that are recognized on the Federal Noxious Weed List, California Noxious Weeds List, and/or California Invasive Plant Council Lists 1, 2, and 4.

A qualified biologist shall develop an Invasive Weed
Prevention and Management Program to prevent
invasion of native habitat by non-native plant
species. The Invasive Weed Prevention and
Management Program shall be submitted to the
City for review and approval.

Prior to construction Once City of Orinda
BIO-11: Sensitive Natural Community and Critical Habitat Avoidance If sensitive natural communities or critical habitat are identified at Housing Element Sites HE-2, HE-3, HE-4, or HE-5 through the Biological Resources Screening and Assessment required by Mitigation Measure BIO-1, they shall be avoided and the project shall be situated outside of critical habitats. A qualified biologist shall approve the installation of bright orange protective fencing at least 30 feet beyond the extent of the sensitive natural community during construction, or other distance the City, to protect them from harm.

If sensitive natural communities or critical habitat
are identified at Housing Element Sites HE-2, 3, HE4, or HE-5 through the Biological Resources Screening and Assessment required by Mitigation
Measure BIO-1, they shall be avoided and the
project shall be situated outside of critical habitats
Prior to construction Once City of Orinda
BIO-12: Restoration for Impacts to Sensitive Natural Communities and Critical Habitat Impacts to sensitive natural communities, for projects within Housing Element Sites HE-2, HE-3, HE-4, and HE-5, (including riparian areas that may qualify as waters of the State and/or waters of the U.S. under the jurisdiction[s] of the CDFW, RWQCB, and/or USACE) and critical habitat shall be mitigated onsite or through the funding for the acquisition and in-perpetuity management of similar habitat. The project applicant shall fund and manage off-site mitigation areas through purchase of credits from an existing, approved mitigation bank or land and placed into a conservation easement or other covenant restricting development (e.g., deed restriction).

On-site mitigation, off-site mitigation, or in lieu funding sufficient to acquire and manage lands, if such a program were to be developed, shall provide habitat at a minimum ratio of 1:1 for impacted lands, comparable to habitat to be impacted by individual project activity.
 Restoration and Monitoring. If sensitive natural communities cannot be avoided and will be impacted by the project, the project applicant shall implement a compensatory mitigation program in accordance with Mitigation Measure BIO-4 and any additional measures set forth by the regulatory agencies during the permitting process (USACE, RWQCB, and/or CDFW for sensitive natural communities and USFWS and/or NMFS for critical habitat). The project applicant shall fully restore all temporary impacts to sensitive natural communities to their natural condition.  Sudden Oak Death. A qualified biologist shall inspect all nursery plants used in restoration for sudden oak death. Nursery plants selected for restoration shall be purchased from a nursery that is in compliance with annual inspections under 7 CFR 301.92, et seq. for sudden oak death. Vegetation debris shall be disposed of properly and vehicles and equipment shall be free of soil and vegetation debris before entering natural habitats. Pruning tools shall be sanitized.

If sensitive natural communities cannot be avoided
and will be impacted by the project, the project
applicant shall implement a compensatory
mitigation program in accordance with Mitigation
Measure BIO-4 and any additional measures set
forth by the regulatory agencies during the
permitting process (USACE, RWQCB, and/or CDFW
for sensitive natural communities and USFWS
and/or NMFS for critical habitat).

A qualified biologist shall inspect all nursery plants
used in restoration for sudden oak death
Prior to project approval Once City of Orinda
H.1.a
Packet Pg. 159 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring Revised Mitigation Monitoring and Reporting Program
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BIO-13: Jurisdictional Delineation
If potentially jurisdictional waters and/or wetlands are identified by the project-specific analysis, for projects within Housing Element Sites HE-2, HE-3, HE-4, and HE-5, a qualified biologist shall complete a jurisdictional delineation to determine the extent of the jurisdictions for CDFW, USACE, and/or RWQCB. This delineation shall be conducted in accordance with the requirements set forth by each agency. The result shall be a preliminary jurisdictional delineation report that shall be submitted to the City, USACE, RWQCB, and CDFW, as appropriate, for review and approval. Jurisdictional areas shall be avoided. If jurisdictional areas are expected to be impacted, then the RWQCB would require a Waste Discharge Requirements (WDRs) permit and/or Section 401 Water Quality Certification (depending upon whether the feature falls under federal jurisdiction). If CDFW asserts its jurisdictional authority, then a Streambed Alteration Agreement pursuant to Section 1600 et seq. of the CFGC would also be required prior to construction within the areas of CDFW jurisdiction. If the USACE asserts its authority, then a permit pursuant to Section 404 of the CWA would likely be required. Furthermore, a compensatory mitigation program shall be implemented in accordance with Mitigation Measure BIO-4 and the measures set forth by the aforementioned regulatory agencies during the permitting process. Compensatory mitigations for all permanent impacts to waters of the U.S. and waters of the state shall be completed at a ratio as required in applicable permits but shall not be less than a minimum ratio of 1:1. All temporary impacts to waters of the U.S. and waters of the State shall be fully restored to natural condition. The project applicant shall submit the report documenting restoration activities and monitoring to the City for review and approval.

If potentially jurisdictional waters and/or wetlands
are identified by the project-specific analysis, for
projects within Housing Element Sites HE-2, HE-3,
HE-4, and HE-5, a qualified biologist shall complete
a jurisdictional delineation to determine the extent
of the jurisdictions for CDFW, USACE, and/or
RWQCB.

Prior to project approval Once City of Orinda
BIO-14: General Avoidance and Minimization
Potential jurisdictional features within the any of the Housing Element Sites or DPP area identified in jurisdictional delineation reports shall be avoided. Projects that may impact jurisdictional features shall include a report detailing how all identified jurisdictional features will be avoided, including groundwater draw down. The project applicant shall submit this report to the City for review and approval prior to construction.
 Material/spoils generated from project activities shall be located away from jurisdictional areas or special-status habitat and protected from storm water run-off using temporary perimeter sediment barriers such as berms, silt fences, fiber rolls (nonmonofilament), covers, sand/gravel bags, and straw bale barriers, as appropriate.  Materials shall be stored on impervious surfaces or plastic ground covers to prevent any spills or leakage from contaminating the ground and generally at least 50 feet from the top of bank.  Any spillage of material will be stopped if it can be done safely. The contaminated area will be cleaned, and any contaminated materials properly disposed. For all spills, the project foreman or designated environmental representative will be notified.

Projects that may impact jurisdictional features
shall include a report detailing how all identified
jurisdictional features will be avoided, including
groundwater draw down. The project applicant
shall submit this report to the City for review and
approval.

Prior to construction Once City of Orinda
Cultural Resources
CUL-1: Built Environmental Historical Resources
For a project that involves a building or structure over 45 years of age, the project applicant shall hire a qualified professional to conduct a survey and evaluation of the structure(s) to determine their eligibility for recognition under State, federal, or local historic resource designation criteria. The evaluation shall be prepared by an architectural historian or historical architect meeting the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation, Professional Qualification Standards (PQS) as defined in 36 CFR Part 61. All buildings and structures 45 years of age or older within the Plan Area shall be evaluated in their historic context and documented in a report meeting the State Office of Historic Preservation guidelines. All evaluated properties shall be documented on Department of Parks and Recreation Series 523 Forms. The report shall be submitted to the City for review and concurrence prior to project approval.

The project applicant shall hire a qualified
professional to conduct a survey and evaluation of
the structure(s) to determine their eligibility for
recognition under State, federal, or local historic
resource designation criteria. The report shall be
submitted to the City for review.

Prior to project approval Once City of Orinda
CUL-2: Treatment of Historical Resources
If historical resources are identified through the survey and evaluation, efforts shall be made to ensure that the relocation, rehabilitation, or alteration of the resource under the proposed project is consistent with the Secretary of the Interior’s Standards for the Treatments of Historic Properties (Standards). A report identifying and specifying the treatment of character-defining features and construction activities shall be provided, demonstrating how the project complies with the Standards and avoids the substantial adverse change in the significance of the historical resource as defined by CEQA Guidelines Section 15064.5(b). The report shall be prepared by an architectural historian or historical architect meeting the PQS as defined by 36 CF Part 61 and provided to the City for review and concurrence prior to project approval.

A report identifying and specifying the treatment of
character-defining features and construction
activities shall be prepared by an architectural
historian or historical architect meeting the PQS
shall be provided to the City for review.

Prior to project approval Once City of Orinda
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Packet Pg. 160 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring City of Orinda
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CUL-3: Archaeological Resources Study Program
The project applicant shall hire a qualified professional to investigate the potential to disturb archaeological resources on a project site. If preliminary research suggests that cultural resources may exist, a Phase I cultural resources study shall be performed by a qualified professional meeting the Secretary of the Interior’s PQS for archaeology (NPS 1983). A Phase I cultural resources study shall include a pedestrian survey of the project site and sufficient background research and, as necessary, field sampling to determine whether archaeological resources may be present. Archival research shall include a records search at the NWIC and a Sacred Lands File (SLF) search with the Native American Heritage Commission (NAHC), and coordination with Native American tribes listed by the NAHC. The Phase I technical report documenting the study shall include recommendations to avoid or reduce impacts on archaeological resources (e.g., monitoring, extended Phase I, etc.). The City shall review and approve the Phase I technical report prior to implementation of recommendations. The project applicant shall implement the recommendations prior to issuance of building permits.

The project applicant shall hire a qualified
professional to investigate the potential to disturb
archaeological resources on a project site.

A Phase I cultural resources study shall be
performed by a qualified professional meeting the
Secretary of the Interior’s PQS for archaeology
The City shall approve the Phase I technical report
and the project applicant shall implement the
recommendations.

The City shall review and
approve the Phase I technical
report prior to implementation
of recommendations. Prior to
issuance of building permits
Once City of Orinda
CUL-4: Unanticipated Discovery of Cultural Resources
In the event that archaeological resources are encountered during ground-disturbing activities, work within 60 feet of the find shall be halted and an archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for archeology (NPS 1983) shall be contacted immediately to evaluate the find. If the find is prehistoric, then a Native American representative shall also be contacted to participate in the evaluation of the find. If necessary, the evaluation may require preparation of a treatment plan and archaeological testing for CRHR eligibility. If the discovery proves to be eligible for the CRHR and cannot be avoided by the modified project, additional work, such as data recovery excavation, may be warranted to mitigate any significant impacts to historical resources. The City shall review and approve any treatment plan or modified project as applicable.

If archaeological resources are encountered during
ground-disturbing activities, work within 60 feet of
the find shall be halted and an archaeologist
meeting the Secretary of the Interior’s Professional
Qualifications Standards for archeology (NPS 1983)
shall be contacted immediately to evaluate the find
During construction Ongoing City of Orinda
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Geology and Soils
GEO-1 Paleontological Resources Implementation Program
The City of Orinda shall require avoidance and/or mitigation for potential impacts to paleontological resources for any development that occurs within high or undetermined sensitivity geologic units (Section 4.5, Geology and Soils, Table 4.5-2), whether they are mapped at the surface or occur in the subsurface. When paleontological resources are uncovered during site excavation, grading, or construction activities, work on the site will be suspended until the significance of the fossils can be determined by a qualified paleontologist. If significant resources are determined to exist, the paleontologist shall make recommendations for protection or recovery of the resource.

The City shall require the following for projects that could disturb geologic units with high paleontological sensitivity:
 Paleontological Resources Assessment (PRA). Prior to initial ground disturbance, the project applicant shall retain a Qualified Paleontologist to conduct a paleontological resources assessment (PRA). A qualified professional paleontologist is defined by the SVP (2010) standards as an individual preferably with an M.S. or Ph.D. in paleontology or geology who is experienced with paleontological procedures and techniques, who is knowledgeable in the geology of California, and who has worked as a paleontological mitigation project supervisor for a least two years. The PRA shall determine the age and paleontological sensitivity of geologic formations underlying the proposed disturbance area, consistent with SVP (2010) guidelines for categorizing paleontological sensitivity of geologic units within a project area. If underlying formations are found to have a high potential for paleontological resources, the Qualified Paleontologist shall create a Paleontological Mitigation and Monitoring Program, which will be approved by the City of Orinda and contain the following elements:
 Paleontological Worker Environmental Awareness Program (WEAP). Prior to the start of construction, the Qualified Paleontologist or their designee shall conduct a paleontological Worker Environmental Awareness Program (WEAP) training for construction personnel regarding the appearance of fossils and the procedures for notifying paleontological staff should fossils be discovered by construction staff.
 Paleontological Monitoring. Full-time paleontological monitoring shall be conducted during ground disturbing construction activities (i.e., grading, trenching, foundation work) previously undisturbed sediments assigned a high paleontological sensitivity (Pleistocene alluvial fan and fluvial deposits, Mulholland Formation, Orinda Formation, Neroly Sandstone, Briones Sandstone, and Hambre Sandstone). Initial part-time monitoring (i.e., spot-checking) shall be conducted for all ground-disturbing activities that impact previously undisturbed Holocene units (i.e., Holocene alluvial fan and fluvial deposits) to check for the presence of older, higher sensitivity geologic units. If older sediments are observed at depth, then full-time monitoring shall be conducted.

Paleontological monitoring shall be conducted by a qualified paleontological monitor, who is defined as an individual who has experience with collection and salvage of paleontological resources and meets the minimum standards of the SVP (2010) for a Paleontological Resources Monitor. The duration and timing of the monitoring will be determined by the Qualified Paleontologist based on the observation of the geologic setting from initial ground disturbance, and subject to the review and approval by the City of Orinda. If the Qualified Paleontologist determines that full-time monitoring is no longer warranted, based on the specific geologic conditions once the full depth of excavations has been reached, they may recommend that monitoring be reduced to periodic spot-checking or ceased entirely. Monitoring shall be reinstated if any new ground disturbances are required, and reduction or suspension shall be reconsidered by the Qualified Paleontologist at that time. In the event of a fossil discovery by the paleontological monitor or construction personnel, all work in the immediate vicinity of the find shall cease. A Qualified Paleontologist shall evaluate the find before restarting construction activity in the area. If it is determined that the fossil(s) is (are) scientifically significant, the Qualified Paleontologist shall complete the following conditions to mitigate impacts to significant fossil resources:
 Fossil Salvage. If fossils are discovered, the paleontological monitor shall have the authority to halt or temporarily divert construction equipment within 50 feet of the find until the monitor and/or lead paleontologist evaluate the discovery and determine if the fossil may be considered significant. Typically, fossils can be safely salvaged quickly by a single paleontologist and not disrupt construction activity. In some cases, larger fossils (such as complete skeletons or large mammal fossils) require more extensive excavation and longer salvage periods. Bulk matrix sampling may be necessary to recover small invertebrates or microvertebrates from within paleontologically sensitive deposits  Fossil Preparation and Curation. Once salvaged, significant fossils shall be identified to the lowest possible taxonomic level, prepared to a curation-ready condition, and curated in a scientific institution with a permanent paleontological collection, along with all pertinent field notes, photos, data, and maps.  Final Paleontological Mitigation Report. Upon completion of ground disturbing activity (and curation of fossils if necessary) the Qualified Paleontologist shall prepare a final report describing the results of the paleontological monitoring efforts associated with the project. The report shall include a summary of the field and laboratory methods, an overview of the project geology and paleontology, a list of taxa recovered (if any), an analysis of fossils recovered (if any) and their scientific significance, and recommendations. The report shall be submitted to the City of Orinda. If the monitoring efforts produced fossils, then a copy of the report shall also be submitted to the designated museum repository.

The City shall require the following for projects that
could disturb geologic units with high
paleontological sensitivity:

The project applicant shall retain a Qualified
Paleontologist to conduct a paleontological
resources assessment
The Qualified Paleontologist or their designee shall
conduct a paleontological Worker Environmental
Awareness Program (WEAP) training for
construction personnel regarding the appearance
of fossils and the procedures for notifying
paleontological staff should fossils be discovered by
construction staff.

Full-time paleontological monitoring shall be
conducted by a qualified paleontological monitor
during ground disturbing construction activities
Upon completion of ground disturbing activity (and
curation of fossils if necessary) the Qualified
Paleontologist shall prepare a final report
describing the results of the paleontological
monitoring efforts associated with the project. The
report shall be submitted to the City of Orinda.

Prior to initial ground
disturbance
Once City of Orinda
Prior to construction Once
During ground disturbing
activities
Ongoing
Prior to construction Once
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Packet Pg. 162 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring City of Orinda
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Noise
NOI-1: Construction Noise Reduction Measures
For development projects involving construction within 50 feet of sensitive receivers, the applicant shall develop a site specific Construction Noise Reduction Program prepared by a qualified acoustical consultant to reduce construction noise impacts to the maximum extent feasible, subject to review and approval of the Planning Director in advance of issuance of building permits. The following measures to minimize exposure to construction noise shall be included:

1. Mufflers. During excavation and grading construction phases, all construction equipment, fixed or mobile, shall be operated with closed engine doors and shall be equipped with properly operating and maintained mufflers consistent with manufacturers’ standards.

2. Air compressors. Utilize “quiet” models of air compressors and other stationary noise sources to the greatest extent practicable.

Select hydraulically or electrically powered equipment and avoid pneumatically powered equipment where feasible.

3. Pile driving. If pile driving is required, pre-drill foundation pile holes to minimize the number of impacts required to seat the pile.

Examine whether the use of sonic pile driving is feasible and quieter. If so, utilize that method.

4. Stationary Equipment. All stationary construction equipment shall be placed so that emitted noise is directed away from the nearest sensitive receivers. Construct temporary noise barriers or partial enclosures to acoustically shield such equipment to the maximum extent feasible.

5. Equipment Staging Areas. Equipment staging shall be located in areas that will create the greatest distance feasible between construction-related noise sources and noise-sensitive receivers.

6. Smart Back-up Alarms. Mobile construction equipment shall have smart back-up alarms that automatically adjust the sound level of the alarm in response to ambient noise levels. Alternatively, back-up alarms shall be disabled and replaced with human spotters to ensure safety when mobile construction equipment is moving in the reverse direction.

7. Perimeter Noise Reduction. Construct solid plywood fences around construction sites adjacent to operational business, residences or other noise-sensitive land uses where the noise control plan analysis determines that a barrier would be effective at reducing noise.

8. Signage. For the duration of construction, the applicant or contractor shall post a sign in a construction zone that includes contact information for any individual who desires to file a noise complaint.

The applicant shall develop a site-specific
Construction Noise Reduction Program
Prior to issuance of building
permits
Once City of Orinda
Prior to construction Once
During ground disturbing
activities
Ongoing
Prior to construction Once
NOI-2: Vibration Control Plan
For projects involving pile drivers, the applicant shall prepare a Vibration Control Plan prior to the commencement of construction activities. The Vibration Control Plan shall be prepared by a licensed structural engineer and shall include methods to minimize vibration, including, but not limited to:
 Use of drilled piles or similar method (e.g., cast-in-place systems) rather than pile driving  Use of resonance-free vibratory pile drivers
 Avoiding the use of vibrating equipment when allowed by best engineering practices The Vibration Control Plan shall include a pre-construction survey letter establishing baseline conditions of buildings within a 50-foot radius as well as at potentially affected extremely fragile buildings/historical resources and/or residential structures within the vicinity of the construction site. The condition of existing potentially affected properties shall be documented by photos and description of existing condition of building facades, noting existing cracks. The survey letter shall provide a shoring design to protect such buildings and structures from potential damage. At the conclusion of vibration causing activities, the qualified structural engineer hired by the applicant shall issue a follow-up letter describing damage, if any, to impacted buildings. The letter shall include recommendations for repair, as may be necessary, in conformance with the Secretary of the Interior Standards. Repairs shall be undertaken and completed by the contractor and monitored by a qualified structural engineer in conformance with all applicable codes including the California Historical Building Code (Part 8 of Title 24).

A Statement of Compliance signed by the applicant and owner is required to be submitted to the City Building Department at plan check and prior to the issuance of any permit. The Vibration Control Plan, prepared as outlined above, shall be documented by a qualified structural engineer, and shall be provided to the City upon request. A Preservation Director shall be designated and this person’s contact information shall be posted in a location near the project site that it is clearly visible to the nearby receivers most likely to be disturbed. The Director will manage complaints and concerns resulting from activities that cause vibrations. The severity of the vibration concern should be assessed by the Director, and if necessary, evaluated by a qualified noise and vibration control consultant.

The applicant shall prepare a Vibration Control Plan
which shall be provided to the City upon request.

A Statement of Compliance signed by the applicant
and owner is required to be submitted to the City
Building Department at plan check and prior to the
issuance of any permit.

Prior to construction Once City of Orinda
At plan check and prior to
issuance of any permit.

Once
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Packet Pg. 163 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring Revised Mitigation Monitoring and Reporting Program
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Transportation
TRA-1: Implement VMT Reduction Measures
Individual housing project development proposals that do not screen out from VMT impact analysis shall provide a quantitative VMT analysis using the methods applied in this EIR, with modifications if appropriate based on future changes to City of Orinda practices and CCTA VMT analysis methodology guidelines. The City shall require travel demand management measures and physical measures to reduce VMT for projects that result in a significant impact. These shall include, but not be limited to, the measures below, which have been identified as being potentially VMT reducing in the California Air Pollution Control Officers Association (CAPCOA) Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity (December 2021). Potential VMT reduction estimates are included below, but detailed requirements, calculation steps, and limitations are described in the CAPCOA Handbook. In addition, application of one or more measures shall be generally expected to result in a net VMT reduction of 10 percent or less for development projects in suburban settings such as Orinda.

Unbundle parking costs (i.e., sell or lease parking separately from the housing unit). Effectiveness: up to 15.7 percent reduction in GHG from VMT per the CAPCOA Handbook.

Provide car-sharing, bike sharing, or scooter sharing programs. Effectiveness: 0.15 – 0.18 percent reduction in GHG from VMT for car share, 0.02 – 0.06 percent for bike share, and 0.07 percent for scooter share, pursuant to the CAPCOA Handbook. The higher car share and bike share values are for electric car and bike share programs.

Subsidize transit passes for residents of affordable housing. Effectiveness: up to 5.5 percent reduction in GHG from VMT pursuant to the CAPCOA Handbook.

In addition to the on-site measures noted above, individual housing projects that are above the VMT threshold could potentially contribute to future VMT mitigation fee programs, banks, or exchanges. No regional VMT mitigation programs currently exist; however, the CCTA is currently evaluating different mitigation program frameworks which may lead to a countywide or sub-regional VMT mitigation program. Should such a program be implemented, development projects could potentially pay into a fee program or purchase mitigation credits to achieve needed VMT mitigation instead of, or in addition to, on-site TDM measures.

Individual housing project development proposals
that do not screen out from VMT impact analysis
shall provide a quantitative VMT analysis using the
methods applied in this EIR
The City shall require travel demand management
measures and physical measures to reduce VMT for
projects that result in a significant impact.

Prior to project approval Once City of Orinda
Prior to project approval Once
TRA-2: Prepare Transportation Impact Analysis (TA) Guidelines The City shall prepare guidelines to identify if a project will have a substantial adverse effect on on-site and/or off-site vehicular, bicycle, and pedestrian circulation and access to transit. At a minimum, the TA guidelines shall include appropriate references to design guidelines and standards such as Caltrans Highway Design Manual and NACTO guidelines. The guidelines shall include transportation operations and queueing analysis to ensure a project will not create potential adverse effects on driveways and the internal and external roadway network.

The City shall prepare guidelines to identify if a
project will have a substantial adverse effect on onsite and/or off-site vehicular, bicycle, and pedestrian circulation and access to transit
2024 Once City of Orinda
TRA-3: Construction Traffic Guidelines
Prior to issuance of building permits for Housing Element sites and Downtown Precise Plan sites, the City shall adopt guidance prepared by a qualified transportation consultant for accommodating pedestrians, bicyclists, and transit in construction zones. This shall include providing sidewalk diversion or detour plans, bicycle accommodations, and bus stop relocation or closure plans.

The City shall adopt guidance prepared by a
qualified transportation consultant for
accommodating pedestrians, bicyclists, and transit
in construction zones
Prior to issuance of building
permits
Once City of Orinda
Tribal Cultural Resources
TCR-1: Avoidance of Tribal Cultural Resources
When feasible, development facilitated by the project shall be designed to avoid known tribal cultural resources. Any tribal cultural resource within 60 feet of planned construction activities shall be fenced off to ensure avoidance. The feasibility of avoidance of tribal cultural resources shall be determined by the City and applicant in consultation with local California Native American tribe(s).

The applicant and the City shall determine
feasibility of avoidance of tribal cultural resources
in consultation with local California Native
American tribe(s).

Prior to project approval Once during
construction
City of Orinda
TCR-2: Tribal Cultural Resource Plan
A Tribal Cultural Resources Plan shall be required for development occurring in areas identified as potentially sensitive for tribal cultural resources during consultation with local California Native American tribe(s) during AB 52 consultation if required for the project. Prior to any development facilitated by the project that would include ground disturbance, the project applicant or its consultant, shall prepare a tribal cultural resources treatment plan to be implemented in the event an unanticipated archaeological resource that may be considered a tribal cultural resource is identified during construction. The plan shall include any necessary monitoring requirements, suspension of all earth-disturbing work in the vicinity of the find, avoidance of the resource or, if avoidance of the resource is infeasible, the plan shall outline the appropriate treatment of the resource in coordination with the local Native Americans and, if applicable, a qualified archaeologist. Examples of appropriate treatment for tribal cultural resources include, but are not limited to, protecting the cultural character and integrity of the resource, protecting traditional use of the resource, protecting the confidentiality of the resource, or heritage recovery. The plan shall be reviewed and approved by the City and the appropriate local California Native American tribe(s) to confirm compliance with this measure prior to construction.

The project applicant shall prepare a tribal cultural
resources treatment plan to be implemented in the
event an unanticipated archaeological resource
that may be considered a tribal cultural resource is
identified during construction. The plan shall be
reviewed and approved by the City.

Prior to construction Once City of Orinda
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Packet Pg. 164 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring City of Orinda
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TCR-3: Native American Monitoring
For development occurring in areas identified as potentially sensitive for tribal cultural resources through consultation with local California Native American tribe(s), the project applicant shall retain a locally affiliated Native American monitor to observe all ground disturbance, including archaeological excavation, associated with development facilitated by the project. Monitoring methods and requirements shall be outlined in a tribal cultural resources treatment plan prepared under Mitigation Measure TCR-2. In the event of a discovery of tribal cultural resources, the steps identified in the tribal cultural resources plan prepared under Mitigation Measure TCR-2 shall be implemented.

For development occurring in areas identified as
potentially sensitive for tribal cultural resources the project applicant shall retain a locally affiliated
Native American monitor to observe all ground
disturbance, including archaeological excavation,
associated with development facilitated by the
project
During construction Once City of Orinda
Wildfire
WFR-1: Develop Wildfire Hazard Assessment and Plan and Sites Subject to Shelter-In-Place Guidelines The City shall require the following measures prior to approval of projects on any new development at the Housing Element Sites or in the DPP:

1. A Wildfire Hazard Assessment and Plan shall be developed for the project site.

2. Shelter-in-place design guidelines shall be required for project site development. Guidelines include the following:
 Well-maintained, fire district approved landscape and vegetation management plan  Adequate roadway and driveway widths, designed to accommodate two-way traffic and large firefighting apparatus  Adequate water supply and water flow for firefighting efforts.  Vegetation modification zones surrounding the community  Homes in the community are built with heavy timber, ignition-resistant eaves, residential fire sprinklers, a Class A ignitionresistant roof, dual pane (one being tempered) glass windows, and chimneys with spark arrestors containing a minimum of

0.5-inch screen.

3. Wildfire Hazard Assessment and Plan and site design applying shelter-in-place guidelines must be approved by MOFD.

The City shall require a Wildfire Hazard Assessment
and Plan and Shelter-in-place design guidelines that
are approved by MOFD for each proposed project
on any new development at the Housing Element
Sites or in the DPP
Prior to project approval Once City of Orinda
WFR-2: Construction Wildfire Risk Reduction
The City shall require the following measures during project construction:

1. Construction activities with potential to ignite wildfires shall be prohibited during red-flag warnings issued by the National Weather Service for the site. Example activities include welding and grinding outside of enclosed buildings.

2. Fire extinguishers shall be available onsite during project construction. Fire extinguishers shall be maintained to function according to manufacturer specifications. Construction personnel shall receive training on the proper methods of using a fire extinguisher.

3. Construction equipment powered by internal combustion engines shall be equipped with spark arresters. The spark arresters shall be maintained pursuant to manufacturer recommendations to ensure adequate performance.

At the City’s discretion, additional wildfire risk reduction requirements may be required during construction. The City shall review and approve the project-specific methods to be employed prior to building permit approval.

The City shall prohibit construction activities with
potential to ignite wildfires during red-flag warnings
issued by the National Weather Service for the site
The City shall require fire extinguishers to be
available onsite during project construction
The City shall require construction equipment
powered by internal combustion engines to be
equipped with spark arresters
Prior to building permit
approval
Once City of Orinda
Prior to building permit
approval
Once
Prior to building permit
approval
Once
WFR-3: Project Design Wildfire Risk Reduction.

Project landscape plans shall include fire-resistant vegetation native to Contra Costa County and/or the local microclimate of the site and prohibit the use of fire-prone species especially non-native, invasive species.

If the project site is within a known landslide area (see Figure 4.5-2 in Section 4.5, Geology and Soils), the site shall be subject to geotechnical review regarding potential post-fire slope instability. Structural engineering features incorporated into the design of the structure to reduce the risk of damage to the structure from post-fire slope instability shall be recommended by a qualified engineer and approved by the City prior to the building permit approval.

Structural engineering features incorporated into
the design of the structure to reduce the risk of
damage to the structure from post-fire slope
instability shall be recommended by a qualified
engineer and approved by the City
Prior to building permit
approval
Once City of Orinda
WFR-4: Transparency and Tracking for Wildfire Evacuation Improvement Measures.

The City shall publish a spreadsheet listing: adopted wildfire evacuation mitigation measures, Safety Element policies regarding wildfire evacuation, and the recommendations related to wildfire evacuation contained in the Evacuation Analysis and/or Supplemental Evacuation Analysis. This spreadsheet shall indicate the department(s) and individual(s) responsible for implementing each, any relevant deadlines for implementation, status of implementation, any known impediments to implementation (e.g., lack of funding), and proposed next steps. This spreadsheet shall be updated and made available on the City’s website.

Publishing on the City’s website a spreadsheet
listing: adopted wildfire evacuation mitigation
measures, Safety Element policies regarding
wildfire evacuation, and the recommendations
related to wildfire evacuation contained in the
Evacuation Analysis and/or Supplemental
Evacuation Analysis
After project adoption and
periodically (at least on an
annual basis)
Ongoing
(updated on at
least an annual
basis)
City of Orinda
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Packet Pg. 165 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring Revised Mitigation Monitoring and Reporting Program
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WFR-5: Regular SSTOC Updates on Wildfire Evacuation Improvement Measures.

For the duration of the 2023-2031 Housing Element cycle, the City’s Supplemental Sales Tax Oversight Commission (SSTOC) shall receive regular updates from City Staff, including the City Manager, City Engineer, and the Education and Outreach Coordinator, on the City’s progress with regard to the items included in the spreadsheet described in WFR-4. City staff shall also provide the SSTOC with information and analysis regarding projects that are or may be included in the City’s Capital Improvement Plan (CIP) to improve wildfire evacuation. The CIP shall include information regarding the relative importance and priority of such projects.

Provide updates to the SSTOC on the City’s progress
with regard to the items included in the
spreadsheet described in WFR-4
Provide information and analysis to the SSTOC
regarding projects that are or may be included in
the City’s Capital Improvement Plan (CIP) to
improve wildfire evacuation
At least annually for the
duration of the 2023-2031
Housing Element cycle
Ongoing (at
least annually)
City of Orinda
WFR-6: Pursuit of Grant Funding for Pedestrian, Bike, and Emergency Vehicular Improvements Between Moraga and Orinda BART.

The City shall continue to pursue grant funding for a pedestrian and bike connection from Moraga to Orinda BART that could also be used for emergency vehicular access in the event of a wildfire or other emergency.

Pursue grant funding for a pedestrian and bike
connection from Moraga to Orinda BART
Immediately after project
approval and until funds are
acquired or connection is
constructed/implemented
Ongoing City of Orinda
WFR-7 Pursuit of Grant Funding for Pedestrian and Bike Improvements Between Downtown Orinda and Wilder.

The City shall continue to pursue grant funding for a pedestrian and bike connection from Wilder to Downtown Orinda along SR-24 that could potentially be used in the event of a wildfire or other emergency.

Pursue grant funding for a pedestrian and bike
connection from Wilder to Downtown Orinda along
SR-24
Immediately after project
approval and until funds are
acquired or connection is
constructed/implemented
Ongoing City of Orinda
WFR-8: Regular City Council Updates on Wildfire Evacuation Improvement Measures.

At least annually for the duration of the 2023-2031 Housing Element cycle, City Staff shall provide the City Council with an update at a public meeting on the City’s progress with regard to the items included in the spreadsheet described in WFR-4.

Provide update to City Council on City’s progress
with regard to the items included in the
spreadsheet described in WFR-4 at a public
meeting.

At least annually for the
duration of the 2023-2031
Housing Element cycle
Annually City of Orinda
WFR-9: Pursuit of Development Impact Fees to Improve Wildfire Evacuation.

During the next update to the Lamorinda Fee and Finance Authority’s mitigation fee program, which is expected to commence in 2025 with an updated nexus study, City Staff shall work with fellow member agencies Lafayette and Moraga to pursue collection of appropriate development impact fees to help fund potential transportation system improvements to address the impact of potential new development on emergency evacuation.

Along with Lafayette and Moraga, pursue collection
of appropriate development impact fees to help
fund potential transportation system
improvements
During the next update to the
Lamorinda Fee and Finance
Authority’s mitigation fee
program
Ongoing City of Orinda
WFR-10: Coordination with MOFD.

For the duration of the 2023-2031 Housing Element cycle, the City Manager and/or their designee(s) shall continue to meet with MOFD staff at least two times a year to coordinate on emergency evacuation issues. Items for future discussion would include the following:

1. Possible use of EVA routes by the public for evacuation.

2. Possible improvements to EVA routes, including the EVAs connecting Brookside Road with Boeger Ranch Road, Edgewood Road with Wilder Road, and El Toyonal with Wildcat Canyon Road and potential funding sources.

3. Any concerns MOFD may have regarding emergency vehicle use of City roadways.

Meet with MOFD staff to coordinate on
emergency evacuation issues
For the duration of the 2023-
2031 Housing Element cycle
Biannually City of Orinda
WFR-11: Enhanced City Staffing for Issues Related to Wildfire.

For the duration of the 2023-2031 Housing Element cycle, the City shall maintain the equivalent of a full-time staff person whose primary responsibility is to work with key stakeholders inside and outside of the City, including but not limited to residents, businesses, Moraga-Orinda Fire District, Orinda Police Department, Contra Costa County Fire Protection District, City of Lafayette, Town of Moraga, Contra Costa Office of Emergency Services, East Bay Municipal Utility District, East Bay Regional Park District, on wildfire-related risk reduction, wildfire evacuation planning, disaster preparedness training, evacuation capacity expansion/maintenance, and emergency response capability.

Maintain the equivalent of a full-time staff person
whose primary responsibility is to work with key
stakeholders inside and outside of the City
For the duration of the 2023-
2031 Housing Element cycle
Ongoing City of Orinda
WFR-12: Enhanced City Evacuation Planning and Education.

At least annually for the duration of the 2023-2031 Housing Element cycle, the City Manager or their designee shall review and update as needed the City’s plans for emergency evacuation, including public education regarding resources the public should use in case of emergency to determine when, where, and how to evacuate.

Review and update as needed the City’s plans for
emergency evacuation
For the duration of the 2023-
2031 Housing Element cycle
Annually City of Orinda
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Packet Pg. 166 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring City of Orinda
Plan Orinda Revised Mitigation Monitoring and Reporting Program 16 Mitigation Measure Action Required Monitoring Timing Monitoring
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WFR-13: Update to City Wildfire Evacuation Plan.

By February 1, 2026, the City shall prepare a Wildfire Evacuation Plan to update and expand the 2018 Annex included with the City’s Emergency Operations Plan.

Preparation of a Wildfire Evacuation Plan to update
and expand the 2018 Annex included with the City’s
Emergency Operations Plan
By February 1, 2026 Once City of Orinda
WFR-14: Use of Emerging Technology to Study Evacuation, The City will explore and employ as appropriate state-of-the-art options, technologies, and approaches prior to undertaking the next Safety Element update mandated by the state. With significant advancements currently being made in the fields of data collection, analysis, artificial intelligence (AI) and geographic information system (GIS) technologies, more robust and reliable evacuation modeling tools are expected to become available soon. Although some of these tools are already becoming available, there are reliability concerns due to the rapid advancement of technology in this field in a very short time.

Preparation of a wildfire evacuation model Prior to undertaking the next Safety Element update
Once City of Orinda
H.1.a
Packet Pg. 167 Attachment: Proposed City Council Resolution 13-25 - Certification of the Revised Final EIR for Plan Orinda, Findings and Mitigation Monitoring 1 RESOLUTION NO. 14-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA ADDRESSING THE REMAINING REQUIREMENTS OF THE AUGUST 22, 2024 WRIT OF MANDATE ("WRIT")

ISSUED BY THE CONTRA COSTA SUPERIOR COURT WITH REGARD TO THE HOUSING

ELEMENT UPDATE, SAFETY ELEMENT UPDATE, AND DOWNTOWN PRECISE PLAN

THE CITY COUNCIL OF THE CITY OF ORINDA DOES HEREBY FIND, ORDER, AND RESOLVE AS FOLLOWS:

Section 1. Recitals
A. On January 31, 2023, the City Council approved Resolution No. 07-23, which (1) certified the Final EIR for Plan Orinda (which includes the 2023-2031 Housing Element Update and the Safety Element Update as well as the Downtown Precise Plan); (2) adopted the CEQA Findings, attached and incorporated therein by reference; (3) adopted the Statement of Overriding Considerations for those impacts that were found to be significant and unavoidable, attached and incorporated therein by reference; (4) adopted and incorporated into the Project all of the mitigation measures for the Project; (5) and adopted the Mitigation Monitoring and Reporting Program (“MMRP”) for the Project, attached and incorporated therein by reference. On that same date, the City approved Resolution Nos. 08-23 and 09- 23, which; (6) adopted the Downtown Precise Plan; (7) adopted a General Plan Amendment to approve the 2023-2031 Housing Element Update and the Safety Element Update; and (8) authorized submittal of the approved 2023-2031 Housing Element Update to HCD for final certification.

B. On March 3, 2023, a group called Orindans for Safe Emergency Evacuation or “OSEE” filed a lawsuit challenging the City’s approval of Plan Orinda and its certification of the Final EIR, alleging that the City’s actions violated the California Environmental Quality Act or “CEQA.” C. On February 22, 2024, the Contra Costa Superior Court issued a minute order identifying specific deficiencies related to the EIR’s analysis of wildfire evacuation and the Statement of Overriding Considerations.

D. On August 22, 2024, the Contra Costa Superior Court issued a writ of mandate ("Writ") ordering the City to “set aside the certification of the Plan Orinda Environmental Impact Report (“EIR”), the adoption of the Statement of Overriding Considerations challenged in this case, and approval of the Downtown Precise Plan (“DPP”)” within sixty (60) days of service of the writ.

E. The Writ did not require the City to rescind any project approvals for Plan Orinda other than certification of the EIR, adoption of the Statement of Overriding Considerations, and approval of the DPP. For example, the Writ did not require the City to rescind the City’s approval of the 2023-2031 (6th Cycle) Housing Element Update or the Safety Element Update.

F. On October 9, 2024, the City Council adopted Resolution No. 47-24, which timely complied with the portion of the Writ requiring it to set aside the certification of the Plan Orinda EIR, adoption of the Statement of Overriding Considerations, and approval of the DPP.

H.1.b
Packet Pg. 168 Attachment: Proposed City Council Resolution 14-25 - Addressing the Remaining Requirements of the Writ of Mandate (3538 : Certify Plan 2 G. The Writ further required the City to satisfy these requirements:
a. Prepare and certify a revised Final EIR pursuant to CEQA Guidelines 15089 and 15090; b. Revise the mitigation monitoring and reporting program adopted by Respondent in Orinda City Council Resolution 07-23;
c. Revise the CEQA findings adopted by Respondent in Orinda City Council Resolution 07- 23;
d. Revise the Statement of Overriding Considerations adopted by Respondent in Orinda City Council Resolution 07-23;
e. At a public meeting or meetings of the City Council, consider whether to approve the revised documents described in …(a)-(d), above; and consider whether to pursue revisions to the 2023-2031 (6th Cycle) Housing Element Update, or Safety Element Update, adopted by Orinda City Council Resolution No. 09-23, and/or the DPP adopted by Orinda City Council Resolution No. 08-23; and
f. File and serve a return to the writ specifying the actions taken to comply with the terms of this writ.

H. Requirements (b)-(d) and the first clause of (e) were satisfied with the Council’s adoption of City Council Resolution 13-25.

I. The purpose of this resolution is to address the remaining requirements of the Writ.

Section 2.

Now therefore, be it resolved that the Council is addressing all the remaining requirements of the August 22, 2024 Writ of Mandate (“Writ”) issued by the Contra Costa County Superior Court with regard to the Housing Element Update, Safety Element Update, and Downtown Precise Plan.

Specifically, the Council held a public meeting on March 18, 2025 and at that meeting:

1. The Council considered whether to pursue revisions to the 2023-2031 (6th Cycle) Housing Element Update or Safety Element Update and opted not to do so. Resolution No. 09-23 therefore remains in full force and effect.

2. The Council considered whether to pursue revisions to the DPP, which was adopted by Council Resolution No. 08-23 and later rescinded by Council Resolution No. 47-24. The Council opted to pursue potential revisions prior to any readoption of the DPP. Council directed staff to ensure any DPP revisions comply with state housing laws, reflect any changes to local, regional, and state policies, and also reflect wildfire evacuation concerns.

The Council took no action at the meeting to readopt the DPP. Neither the DPP nor Resolution No. 08-23 has any force, effect or operation at this time.

This Resolution is not a project subject to CEQA because it is not an approval of any project, but instead takes certain actions as ordered by the Court.

H.1.b
Packet Pg. 169 Attachment: Proposed City Council Resolution 14-25 - Addressing the Remaining Requirements of the Writ of Mandate (3538 : Certify Plan 3 The City Council further directs the City Attorney to file with the Court a Final Return to the Writ specifying the actions taken to comply with its terms and including a copy of this Resolution.

PASSED AND ADOPTED at a meeting of the City Council of the City of Orinda held on ___, 2025, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Latika Malkani, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
1880449.1
H.1.b
Packet Pg. 170 Attachment: Proposed City Council Resolution 14-25 - Addressing the Remaining Requirements of the Writ of Mandate (3538 : Certify Plan City Council
Staff Report
Agenda Item: H.2
Date: March 18, 2025
Department: Administration
AGENDA TITLE: Discussion of Crossing Guard Services
RECOMMENDATION:

Provide direction on utilizing crossing guards services. If directed to proceed, authorize the City Manager to enter into agreements for crossing guard services, as well as with Orinda Union School District to reimburse the City for a portion of the expenditures.

BACKGROUND:

In October 2024, at the City/School 2x2 Committee, the Orinda Union School District raised the issue of school safety and requested crossing guards within the City’s right of way. During that discussion, the Committee discussed other school safety efforts that could be evaluated to mitigate the needs of crossing guards, including better signage and striping, parent education, and enforcement. Following that meeting, the Superintendent and the City Manager continued the discussions around crossing guards and the needs of the District. Based on those discussions, in January 2025, the Superintendent submitted a more formal request including the school sites and street locations requested.

On February 19, 2025, the City/School 2x2 Committee held another meeting and formally discussed the proposal, following some evaluation of the request by City staff.

In summary, Staff reviewed each location and determined that one of the locations requested would not provide any meaningful public safety benefit given the walking and biking patterns of the students attending Wagner Ranch Elementary School. During that meeting, the Committee members discussed the other school safety matters, specifically around Glorietta and Del Rey elementary schools, with some limited discussion around Sleepy Hollow Elementary. The discussion around crossing guards included how those services get delivered and how to limit the significant financial burden to provide those guards.

DISCUSSION:

Crossing guard services are typically provided through a third-party contractor. These firms provide the requisite training for the guards and hold liability coverage to protect the City and/or the District should there be an incident involving a student or the guard directly.

Staff discussed the option of providing those services internally and consulted with the City’s risk insurance provider for some input. Staff did not believe that an internal option would work due to lack of internal expertise in training and the supervisory responsibilities that come along with the services. The City’s risk insurance provider H.2
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also believed that the use of an outside firm would provide better liability protection for the City.

Upon receiving the request from the District in January, Staff solicited proposals from crossing guard companies. Three proposals were received. The most responsive proposal was from Crossing Guard Services, a New Jersey-based company. The firm would be able to provide crossing guard services (five guards at four school sites) for $118,800. This is inclusive of a 180-day school year.

If the City were to contract for these services, they would be housed in the Orinda Police Department and work closely with the deputies on ensuring that the services are being properly delivered.

In terms of payment, Staff would recommend that if the City Council wished to offer these services, OUSD would also participate in paying for those costs. In other communities, the split is typically 50/50. Such an arrangement would require a separate letter or reimbursement agreement to provide the services.

NEXT STEPS:

If the City Council provides direction to proceed with a contract for crossing guard services, Staff recommends that they provide, by motion, authority to the City Manager to enter into a crossing guard agreement, subject to budget availability. Additionally, the City Council would need to authorize the City Manager to enter into a reimbursement agreement with the Orinda Union School District for the 50 percent share.

FISCAL IMPACT:

Overall crossing guard services are estimated to cost $118,800. The estimated annual financial impact to the City would be $59,400 if the City Council shared the costs equally with the District. Sufficient funds are available in this year’s operating budget to cover the pro-rated amount for the balance of this school year. The City would include future expenditures in the upcoming bi-annual budget.

Respectfully Submitted by:

Linda Smith
City Manager
Prepared By: Linda Smith, City Manager
Approved by:

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