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CITY COUNCIL
AGENDA
Tuesday, September 30, 2025
7:00 PM - SPECIAL MEETING
NOTICE OF TELECONFERENCED MEETING
Pursuant to Government Code Section 54953, Subdivision (b), this meeting will include teleconference participation by Councilmember Cara Hoxie from:
62-146 Kamahoi Place
Kamuela HI 96743
City Council
Agenda Page 1 09.30.25
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 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. This does not include teleconference locations. 7:00 PM - REGULAR SESSION
City Council
Agenda Page 2 09.30.25
A. CALL TO ORDER / ROLL CALL
Councilmembers: Darlene Gee, Cara Hoxie, Janet Riley
Vice Mayor Brandyn Iverson, Mayor Latika Malkani
B. PLEDGE OF ALLEGIANCE
C. ADOPTION OF AGENDA
The City Council may take action on any item listed on the agenda.
D. 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.
E. PUBLIC HEARING
E.1. Housing Element Implementation – Introduction of Ordinance 25-04, Ordinance 25-05, Resolution 52-25A, and Resolution 52-25B, Regarding Amendments to the General Plan and Zoning, and Adoption of Objective Design Standards
Recommendation:
Take the following actions:
1) For Housing Element Sites outside the Downtown:
a) Waive the full reading and introduce Ordinance 25-04. b) Direct staff to bring Resolution 52-25A back for adoption. 2) For Housing Element Sites within the Downtown:
a) Waive the full reading and introduce Ordinance 25-05. b) Direct staff to bring Resolution 52-25B back for adoption.
F. COUNCILMEMBERS' REPORTS
G. CITY MANAGER'S REPORT
H. MATTERS INITIATED
I. ADJOURNMENT
City Council
Agenda Page 3 09.30.25
The next meeting of the Orinda City Council will be held on Tuesday, October 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: E.1
Date: September 30, 2025
Department: Planning Department
AGENDA TITLE: Housing Element Implementation – Introduction of Ordinance 25-04, Ordinance 25-05, Resolution 52-25A, and Resolution 52-25B, Regarding Amendments to the General Plan and Zoning, and Adoption of Objective Design Standards RECOMMENDATION:
Take the following actions:
1) For Housing Element Sites outside the Downtown:
a) Waive the full reading and introduce Ordinance 25-04. b) Direct staff to bring Resolution 52-25A back for adoption. 2) For Housing Element Sites within the Downtown:
a) Waive the full reading and introduce Ordinance 25-05. b) Direct staff to bring Resolution 52-25B back for adoption.
EXECUTIVE SUMMARY
As required by State law, the City of Orinda adopted its 6th Cycle Housing Element on January 31, 2023, and received certification from the California Department of Housing and Community Development (HCD) on March 30, 2023. The certified Housing Element identifies sufficient sites to meet Orinda’s Regional Housing Needs Allocation (RHNA) of 1,359 units across all income levels. To comply with this mandate, the City must rezone a number of sites to allow for higher-density residential uses by early 2026.
Actions under consideration include a General Plan Amendment, General Plan Map Amendment, Zoning Text Amendment, and Zoning Map Amendment to implement Housing Element Actions 1.A through 1.D. The amendments would result in rezoning the following sites identified in the 6th Cycle Housing Element:
1. Twenty-six (26) Downtown Commercial and Downtown Office sites, rezoned to Downtown Core – Thirty (30) dwelling units per acre, Downtown Core – Fifty-five (55) dwelling units per acre, and Downtown General, to allow mixed-use multifamily residential development in addition to already-permitted commercial and office uses; and
2. Five (5) Housing Element Opportunity Sites located outside of Downtown, which include undeveloped portions of properties owned by religious institutions, an undeveloped portion of the Miramonte High School campus, and the Caltrans Gateway site, rezoned to Residential High Density to allow for multifamily residential development.
The proposed General Plan amendments to the Land Use Chapter include the introduction of four new land use designations in support of the proposed rezonings, E.1
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amendments to Title 17, Zoning, of the Orinda Municipal Code (OMC), and adoption of the Objective Design Standards for Multifamily Residential Housing in the Downtown Core and Downtown General Zoning Districts (“Objective Design Standards”). OMC Title 17 and Zoning Map amendments include the establishment of five new zoning districts and their associated regulations, as well as clarifying edits to sections regulating development in the existing Downtown Commercial and Downtown General zoning districts.
On August 12, 2025, the Planning Commission held a public hearing and reviewed the amendments proposed by Staff. The Planning Commission adopted Resolution PC 2025-06 recommending the City Council adopt all the proposed amendments to the General Plan Land Use Chapter, the General Plan Map, Title 17, Zoning, of the OMC, and adoption of the Objective Design Standards. The staff report, materials, hearing video, and minutes for this meeting are available at: Planning Commission matters.
Following the Planning Commission hearing, Staff made additional refinements, largely non-substantiative, to the proposed ordinance and resolution. The refinements include:
1. Clarification in Zoning Text Amendments (sections 17.8.12 and 17.8.13) that Type I spaces (for instance, spaces facing main streets) are primarily for retail uses in line with Class A uses, with an allowance for 30% of Type I spaces to support residential uses (access, lobby, amenities, leasing, etc.) Minor additional adjustments were made for language and structural consistency.
2. Removal of the Design Styles Guidelines as an Objective Design Standards appendix, which Staff has assessed to be non-regulatory. The appendix was originally proposed with one style (Mediterranean) and would need to be reconsidered at a later point alongside possible additional suitable styles for adoption as a part of the Objective Design Standards.
3. Clarification in the Objective Design Standards that certain building types are allowed within the Downtown Core to the extent they meet the development requirements of the OMC (i.e., a building type that is purely multifamily residential may not be proposed on a site or portion of a site that would require retail uses in Type I spaces).
4. Splitting the proposed ordinance and resolution: one each for the Downtown sites, and one each for the Opportunity Sites (sites outside the Downtown).
BACKGROUND
Housing Element 6th Cycle
On January 31, 2023, the City Council adopted the 6th Cycle Housing Element Update, which was certified by HCD on March 30, 2023 (Attachment H). The Housing Element is a required chapter of the City’s General Plan, which serves as the blueprint for Orinda’s long-term planning and development. The Housing Element, among other things, identifies how the City will accommodate its share of the region’s housing needs through a process called the Regional Housing Needs Allocation (RHNA) and must be updated every eight years as part of the state-mandated Housing Element cycle. During E.1
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this process, the City of Orinda was assigned 1,359 housing units. The current planning period runs from 2023–2031.
It is important to note that housing units allocated through the RHNA process is not a construction mandate—it does not require cities to build housing—but it does require them to identify sufficient, appropriately zoned sites to accommodate the assigned number of units across all income levels.
Table 1. Orinda’s RHNA by income level.
Income Category Unit Allocation
Very Low 372
Low 215
Moderate 215
Above Moderate 559
Total 1,359
The Housing Element is required to contain an inventory of land, known as the sites inventory, to demonstrate that Orinda has the capacity to meet 1,359 housing units. The sites inventory is made up of vacant and nonvacant sites, some that are currently zoned for residential use, and some that need to be rezoned to allow residential use at the densities identified in the Housing Element. The sites inventory within the adopted Housing Element is made up of the following sites:
Existing Capacity - 623 units
o Vacant residential sites
o ADU projections
o Santa Maria church site (5th Cycle Housing Element site) Approved Projects - 90 units
o Wilder Countryhouse Memory Care Project
o Vista Verde Senior Housing Project
The City identified a total existing capacity and approved projects of 713 units, resulting in a shortfall of 646 units. To comply with State law and meet the mandated RHNA of 1,359 units, the City is required to rezone additional sites to demonstrate sufficient housing capacity.
Selection of the Downtown Sites
Sites within the Downtown were identified and assessed for their suitability in meeting RHNA requirements due to the redevelopment potential, proximity to transit, and consistency with the City’s long-term planning goals. The proposed sites are all located within Orinda’s current Downtown Commercial (DC) and Downtown Office (DO) zoning districts and consist primarily of underutilized or infill parcels suitable for higher-density residential or mixed-use development.
It is important to note that the City identified the BART parking lots Downtown for consideration, but they were not accepted by the State’s Housing and Community E.1
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Development (the agency responsible) for inclusion in this Housing Element cycle. This was due, in large part, to the ownership of Caltrans. Information regarding the additional constraints is identified on page 151 of the Housing Element. However, Staff pursued and was awarded a technical assistance grant through MTC that seeks to establish a roadmap for shaping affordable housing and transit-oriented development at the Orinda BART Station. It will focus on building strong stakeholder partnerships, clarifying site control and entitlement processes, evaluating the feasibility of housing development, and ultimately producing a Memorandum of Understanding defining stakeholder roles and a collaborative framework to guide any future development at the site. This grant is currently underway with completion projected for the end of 2026.
As previously noted, the City identified 26 sites in the Downtown rezoned to Downtown Core – Thirty (30) dwelling units per acre, Downtown Core – Fifty-five (55) dwelling units per acre, and Downtown General, to allow mixed-use multifamily residential development in addition to already-permitted commercial and office uses. The proposed zoning of these properties would account for 686 of the needed units, with 184 in the low-income category, 89 in the moderate-income category and 148 in the above moderate category (market rate).
Details about the inclusion of individual sites and correspondence with property owners can be found on pages 138 – 140 of the 6th Cycle Housing Element (Attachment H).
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Figure 1. Proposed zoning, densities, and existing context of the Downtown sites identified to meet the RHNA
Selection of the Opportunity Sites
Five (5) Housing Element Opportunity Sites located outside of Downtown, which include undeveloped portions of properties owned by religious institutions, an undeveloped portion of the Miramonte High School campus, and the Caltrans Gateway site were selected for rezoning to Residential High Density to allow for multifamily residential development. The church locations include three sites with a total proposed capacity of 99 units. The undeveloped portion of the Miramonte school site was identified to accommodate up to 187 units. In both instances, these sites would be zoned at 20 dwelling units per acre.
The Caltrans Gateway site, while having the ability to accommodate 200 units at a density of 40 dwelling units per acre, was not accepted by HCD due to timing of the decertification process by Caltrans. The Housing Element, to address this matter, included Action 1.C: “If it is identified that completion of the decertification process will extend beyond January 2025, the City will identify additional sites to rezone, if a shortfall E.1
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is identified, and rezone additional sites by January 2026” (6th Cycle Housing Element p. 144; Attachment H). The City is continuing to pursue rezoning of the site to prepare it for inclusion either in a future Housing Element cycle, or as a contingency for later in the current cycle should a) a no-net-loss scenario occurs; and b) decertification of the site has advanced to allow the City to reincorporate the site within the City’s sites to meet RHNA.
Details about the inclusion of individual sites and correspondence with property owners can be found on pages 142 – 145 of the 6th Cycle Housing Element (Attachment H).
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Figure 2. Opportunity sites identified to meet a portion of the RHNA Source: Housing Element 6th Cycle p. 150
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Table 2. Opportunity sites identified to meet a portion of the RHNA.
Location APN GP Zoning
Percent
of Site Acreage
Assumed
Acreage
Proposed
du/acre
Proposed
Capacity
Church Sites
C-2
Holy Shepherd
Lutheran
Church
270302006 RL RL-20 33% 3.22 1.07 20 21
C-3 St. Mark's
Church 270290028 RL RL-20 50% 4.48 2.24 20 45
C-4
St. John
Orthodox
Church
270160007 RL RL-20 33% 4.94 1.63 20 33
12.64 4.94 99
School Site
S-1 Miramonte High
School Site 271120006 PS PS 18% 51.95 9.35 20 187 187
Govt Site
G-4 Caltrans -
Gateway n/a n/a n/a 100% 5 5.00 40 200
200
486
Environmental Impact Report
The Environmental Impact Report (EIR) prepared for Plan Orinda addresses the environmental impacts of the proposed changes to the General Plan and Zoning Code.
The EIR was certified by the City Council as part of the Plan Orinda approvals on January 31, 2023. As a result of a lawsuit challenging the City’s approval and certification, this certification was set aside and a Revised Final Environmental Impact Report (Revised Final EIR) for Plan Orinda was certified on March 18, 2025.
The proposed zoning changes do not have any environmental effects that are not already fully examined in the Program EIR, including in the RFEIR (id. § 15168) or project-specific significant effects peculiar to the project or the site that were not fully analyzed in the Program EIR. For additional details, see the draft City Council Ordinance, Section 8, in Attachment B and D, and the Program EIR (Attachment I).
DISCUSSION
The Housing Element sets a deadline of early 2026 for the City to accomplish the required rezonings. With the certification of the Revised Final EIR for Plan Orinda, Staff is recommending a comprehensive rezoning package that incorporates all sites identified by the Housing Element to ensure the City complies with state law and implementation actions for the City’s RHNA.
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Proposed General Plan Amendments
State law requires that zoning districts be consistent with General Plan land use categories. Accordingly, four new land use classifications would be created for the Housing Element sites:
1. Downtown – Core
This classification reflects the uses and development allowed within the Downtown – Community Business land use category, while additionally allowing mixed-use, multifamily residential development. The minimum residential density is 20 units per acre, and the maximum densities range from 30 to 55 units per acre, as determined by zoning.
2. Downtown – General
This category reflects the uses and development allowed within the Downtown – Business and Professional Offices land use categories, while additionally allowing mixed-use, multifamily residential development. The minimum residential density is 20 units per acre, and the maximum density is 25 units per acre.
3. Residential – High-Density Multi-Family
This classification allows multi-family residential development, such as apartments, townhomes, and condominiums with a minimum density of 20 units per acre and a maximum density of 25 units per acre.
4. Residential – Very High-Density Multi-Family
This classification allows multi-family residential development, such as apartments, townhomes, and condominiums with a minimum density of 20 units per acre and a maximum density of 40 units per acre.
Proposed Zoning Amendments
Amendments for Downtown Sites (Ordinance 25-05; Attachment D) Three new zoning districts would be created for the Housing Element sites:
1. DCOR-30 (Downtown Core – Thirty dwelling units per acre) A commercial district that allows mixed-use multifamily residential development.
Residential development in the DCOR-30 district requires a minimum density of 20 units per acre and a maximum density of 30 units per acre.
2. DCOR-55 (Downtown Core – Fifty-five dwelling units per acre) A commercial district that allows mixed-use multifamily residential development.
Residential development in the DCOR-55 district requires a minimum density of 20 units per acre and a maximum density of 55 units per acre.
3. DG (Downtown General)
An office district that allows office uses and mixed-use multifamily residential development. Residential development in the DG district requires a minimum density of twenty units per acre and a maximum density of 25 units per acre.
The proposed Downtown Core and Downtown General zones would be established by ordinance updating the Orinda Municipal Code (OMC) Chapter 17.8 – Downtown Districts. The proposed ordinance updates OMC Chapter 17.8 in the following ways:
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Table 3. Description of amendments proposed to OMC Chapter 17.8 Municipal Code Provision
Action as shown in the proposed City Council Ordinance in Attachment D
§17.8.2
Definitions of retail floor and
mixed-use.
Amend this section to add clarifying definitions for “Mixed-use”:
A. "Mixed-use” means a combination of different uses, including at least one residential use, on a single site. Specifically, a site may be:
1. “Vertical mixed-use,” which combines different uses within a single building; and/or
2. “Horizontal mixed-use,” which combines multiple buildings with different uses on a single site.
§17.8.5
Downtown commercial
district—Use restrictions.
Amend this section for clarification only. These changes do not change the intent and impact of this section. The primary function of these changes is to:
1. Address inconsistencies in the language related to types of spaces in the Downtown Commercial district (which will subsequently apply to the proposed Downtown Core districts) and classes of uses permitted within spaces
2. Update graphics that currently reference the existing “Downtown Commercial” and “Downtown Office” districts to remove references to the zoning districts, which would be made outdated by the adoption of the proposed ordinance.
§17.8.8
Downtown office district—
Use restrictions.
Amend this section with minor amendments to clarify language regarding permit requirements for uses.
§17.8.10
All downtown districts—
Additional property
development standards.
Amend the section title to apply to “all” Downtown districts instead of “both” Downtown districts.
17.8.11 Downtown Core
districts—Description. Add this section to describe the Downtown Core districts.
17.8.12 Downtown Core districts—
Uses permitted.
Add this section to describe the uses permitted within the Downtown Core districts.
17.8.13 Downtown Core districts—
Property development
standards.
Add this section to describe the property development standards that apply to the Downtown Core district.
17.8.14 Downtown General district—
Description.
Add this section to describe the Downtown General district.
17.8.15 Downtown General district—
Uses permitted.
Add this section to describe the uses permitted within the Downtown General district.
17.8.16 Downtown General district—
Property development
standards.
Add this section to describe the property development standards that apply to the Downtown Core district.
17.8.17 Objective Design Standards
incorporated.
Add this section to incorporate by reference the Objective Design Standards for Multifamily Residential Housing in the Downtown Core and Downtown General Zoning Districts.
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Significantly, the resulting new districts would be subject to all the same standards and regulations of the districts from which they would be rezoned if proposing nonresidential uses, while allowing the additional by-right use of multifamily residential development. Within the Downtown Core zones, projects without a residential component would be subject to the use requirements, development regulations, and design review requirements for the Downtown Commercial District. Within the Downtown General zone, such projects would be subject to the use requirements, development regulations, and design review requirements for the Downtown Office District.
Development Regulations and Objective Design Standards
When development is proposed that includes multifamily residential use, development would be subject to the proposed regulations of Section 17.8.13 (for Downtown Core) and Section 17.8.16 (for Downtown General.) Notably, development with multifamily housing in the Downtown Core would be required to maintain retail-oriented spaces (less up to 30% of these spaces for uses ancillary to multifamily housing) in Type I Spaces, which are spaces designated by zoning code for the Downtown Commercial District and are located generally along main street, parking lot, and civic space frontages. Development would therefore be primarily vertical mixed-use, generally with retail on the ground floor and residential uses above the ground floor. In limited cases where retail spaces already exist on the ground floor and development is proposed to be located behind the existing structures, a developer could propose a horizontal mixeduse configuration, which would allow a residential-only building on the same site as a commercial building. Finally, in very limited circumstances (primarily at deep-set lots along Orinda Way such as 25 Orinda Way or the parking lot parcel behind it), where no Type I Space would be located, development could alternatively take the form of residential-only, with no mixed-use component.
Design and additional development standards for all proposed Downtown zoning districts would be governed by the proposed Objective Design Standards for Multifamily Residential Housing in the Downtown Core and Downtown General Zoning Districts (“Objective Design Standards”; Attachment E). This ensures projects can be streamlined as required by state housing laws while still achieving community design goals. The Objective Design Standards focus on form and massing, roof design, walls, windows, and building types, ways of interfacing with the public domain.
Significantly, the proposed development standards within the document would enable changes to the overall massing and setbacks allowed within the proposed districts.
Overarching changes include:
• Development within the Downtown Core would be allowed up to 45’ in height with an additional 5’ for projections. Under the regulations applicable to nonresidential development (Downtown Commercial development), the maximum height is 35’.
• Similarly, in the Downtown General, development would be allowed up to 35’ in height with an additional 5’ for projections. Non-residential development (Downtown Office development) has a maximum height of 25’.
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• Setbacks in the proposed Downtown Core are generally a minimum of 0’ and maximum of 10’, whereas development without residential uses would be subject to the Downtown Commercial setbacks of minimum 10’. This brings buildings closer to the sidewalks for a more active pedestrian environment. • Similarly, setbacks within the proposed Downtown General have 10’ minumum to 20’ maximum front yard setbacks for streets (15’ maximum for side streets.) Development without residential uses would be subject to the Downtown Office setbacks with a minimum 20’ front yard setback (minumum 10’ for side streets.) The Objective Design Standards are organized into the following chapters:
Chapter 1: Introduction
Provides an overview of the document’s purpose.
Chapter 2: Downtown Zones
Provides the intent and standards specific to each proposed Downtown zoning district, to include setbacks, maximum height, allowed building types, ground floor standards for elevation and usable space, parking locations (when required), building frontages allowed, and types of encroachments allowed (i.e., stairs).
Chapter 3: Site Standards
Provides standards related to screening (i.e. retaining walls, freestanding walls, fences, and mechanical equipment requirements), temporary fencing, and landscaping.
Chapter 4: Building Type Standards
Provides a list of building types deemed appropriate for Downtown Orinda, defines each type and its configuration, and sets standards specific to each type.
Chapter 5: Massing and Façade Articulation Standards
Defines the composition of facades and how they should be subdivided depending upon the building length along an adjacent sidewalk. Sets standards for windows and openings, as well as for corner elements and mansard roofs (when utilized).
Chapter 6: Frontage Standards
Defines the different types of frontages (i.e. porches, shopfronts, and terraces) and establishes in which districts they are permitted. Sets standards for each type of frontage to regulate how they relate to adjacent sidewalks.
Chapter 7: Definitions & Methods of Measurement
Provides definitions for terms within the Objective Design Standards and provides clarifications on how certain measurements required by the standards are made.
Appendix A: Approved Plant Palette
Provides a list of plantings appropriate for the region, including native and nonnative species, with a focus on lower water utilization.
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Amendments for Sites Outside Downtown (Ordinance 25-04; Attachment B) Two new zoning districts would be created for the Housing Element sites:
1. RH-25 (Residential High Density – Twenty-five dwelling units per acre)
2. RH-40 (Residential High Density – Forty dwelling units per acre) Development standards applicable to the RH-25 and RH-40 zoning districts would be similar to those that currently apply to the Residential Medium (RM) Density zoning district, Senior Housing overlay (SH-O), and High-Density overlay (HD-O). The design review standards that currently apply to these zoning districts would also apply to the RH zoning districts unless state law otherwise limits a project only to objective standards. Development standards are located within the proposed Schedule 17.4.2(B) (Multifamily residential property development standards), while design review standards are located within Section 17.30.11 (Senior housing facility, multifamily housing, and high density design review.)
Sites Outside Downtown: Rezoned areas
A breakdown of each site proposed for rezoning outside the Downtown area is described below. For each proposed rezoning, the area of rezoning is an undeveloped portion of the parcel. The existing uses would continue to be allowed on the developed portion of the parcel. On the portions of the property proposed for rezoning, the area would be exclusively for residential use per Government Code Section 65583.2 subdivision (h). All proposed General Plan and zoning amendments are consistent with Government Code Section 65583, subdivision (c)(1) and 65583.2 subdivisions (h) and (i). For graphics depicting the specific areas of rezoning, see the Zoning Map Inset attachment to the proposed City Council Ordinance in Attachment B.
Site C-2: Holy Shepherd Lutheran Church (433 Moraga Way) A portion of the property at 433 Moraga Way is proposed for rezoning. The existing church and parking lot use would not be impacted by the proposed rezoning. An undeveloped portion of the property, located on the eastern and western side of the parking lot, would be rezoned to allow for a minimum density of 20 du/ac and a maximum density of 25 du/ac.
Table 4. Site C-2: General Plan and Zoning
Existing (Entire Parcel) Proposed (Area of Rezoning)
Parcel Size 3.22 acres 1.06 acres (33% of total parcel) General Plan
Designation
Residential – Low Density,
Single-Family
Residential - High Density MultiFamily
Zoning RL-20 (Residential Low Density–
minimum 20,000 square-feet)
RH-25 (Residential High Density –
minimum 20 du/ac and maximum
25 du/ac)
Site C-3: Formerly St. Marks Church (451 Moraga Way)
The rear, undeveloped half of the property at 451 Moraga Way is proposed for rezoning.
The existing structures and parking lot use would not be impacted by the proposed rezoning. The rear half of the property would be rezoned to allow for a minimum density of 20 du/ac and a maximum density of 25 du/ac.
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Table 5. Site C-3: General Plan and Zoning
Existing (Entire Parcel) Proposed (Area of Rezoning)
Parcel Size 4.48 acres 2.24 acres (50% of total parcel) General Plan
Designation
Residential – Low Density,
Single-Family
Residential - High Density MultiFamily
Zoning RL-20 (Residential Low Density–
minimum 20,000 square-feet)
RH-25 (Residential High Density –
minimum 20 du/ac and maximum
25 du/ac)
Site C-4: St. John the Evangelist Orthodox Church (501 Moraga Way) An undeveloped portion of the property at 501 Moraga Way is proposed for rezoning.
The existing church buildings and parking lot would not be impacted by the proposed rezoning. An undeveloped eastern portion of the property would be rezoned to allow for a minimum density of 20 du/ac and a maximum density of 25 du/ac.
Table 6. Site C-4: General Plan and Zoning
Existing (Entire Parcel) Proposed (Area of Rezoning)
Parcel Size 4.94 acres 1.63 acres (33% of total parcel) General Plan
Designation
Residential – Low Density,
Single-Family
Residential - High Density MultiFamily
Zoning RL-20 (Residential Low Density–
minimum 20,000 square-feet)
RH-25 (Residential High Density –
minimum 20 du/ac and maximum
25 du/ac)
Site S-1: Miramonte High School (750 Moraga Way)
An undeveloped southwest portion of the property at 750 Moraga Way is proposed for rezoning. The existing school uses would not be impacted by the proposed rezoning.
With the proposed zoning, it would allow for a minimum density of 20 du/ac and a maximum density of 25 du/ac.
Table 7. Site S-1: General Plan and Zoning
Existing (Entire Parcel) Proposed (Area of Rezoning)
Parcel Size 51.95 acres 9.35 acres (18% of total parcel) General Plan
Designation
Public and Semipublic;
Open Space
Residential - High Density MultiFamily
Zoning PS (Public, Semi-Public, and
Utility)
RH-25 (Residential High Density –
minimum 20 du/ac and maximum
25 du/ac)
Site G-4: Caltrans Gateway
An undeveloped portion of the Caltrans right-of-way adjacent to the Highway-24 Wilder Road west bound exit is proposed to be rezoned to RH-40. The area of rezoning was previously an old potential cloverleaf site that is no longer planned for that use. The rezoning of this site would not impact use of the right-of-way. Rezoning five acres of the E.1
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right-of-way would allow for a minimum density of 20 du/ac and a maximum density of 40 du/ac.
Table 8. Site G-4: General Plan and Zoning
Existing Proposed (Area of Rezoning)
Parcel Size - 5.00 acres
General Plan
Designation
Public and Semipublic Residential – Very High Density
Multi-Family
Zoning N/A – no zoning RH-40 (Residential High Density – minimum 20 du/ac and maximum
40 du/ac)
Associated Laws that Enable By-Right Housing
Several existing state laws enable the production of housing by-right at sites located outside Downtown. A description of these laws and Staff’s assessment of their impact follows.
Senate Bill 4 (SB 4) – Church sites
SB 4, effective January 1, 2024, allows for a “by-right” approval process for affordable housing projects on land owned by religious organizations and higher education institutions if specific criteria are met. Qualifying SB 4 projects would be exempt from CEQA. Some of the main criteria for a project to qualify for SB 4 include:
• The land must be owned on or before January 1, 2024, by a religious organization or higher education institution.
• 100% of the project’s total units, except for a manger’s unit or units, are for lower income households, except that up to 20% may be for moderate-income households, and 5% may be for Staff of the religious organization or higher education institution.
• The project must comply with objective development standards. • If the project requires demolition of existing residential units or if residential units have been demolished in the last five years, the project must comply with replacement housing provisions.
• Projects with more than 10 units are required to adhere to prevailing wage requirements for all workers. Projects of more than 50 units are required to ensure contractors provide apprenticeship training and healthcare expenditures to workers.
Eligible SB 4 housing projects would be allowed the default density (currently 20 du/ac for Orinda) and a height of one story above the maximum height otherwise applicable.
Staff believes SB 4 would apply to two of the three church sites described in this report (Holy Shepherd Lutheran Church, and St. John Orthodox Church). The third site, formerly St. Mark’s Church, was sold in 2024 to the Berkeley Korean United Methodist Church and may not benefit from the law, as there is language in the law relating to ownership continuity (“The development is located on land owned on or before January 1, 2024, by … a religious institution.”).
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There is no requirement for the density to apply to only the development footprint of the site. Because of this, the full parcel acreage could be used to establish the total units that would be allowed. With all three sites (totaling 12.64 acres), the capacity would be approximately 253 units; without the Berkely Korean United Methodist Church site, the capacity would be approximately 163 units. The proposed rezonings, which limit the area of rezoning to a total of 4.93 acres, would allow for a range of 99 – 124 units total across the three sites. See Table 9 for the full comparison of these capacities.
Table 9. Comparison of religious site capacity under SB 4 vs the proposed rezonings Site
Parcel size
(acres)
Capacity
under SB 4
Proposed
area of
rezoning
(acres)
Rezoned
minimum
capacity
Rezoned
maximum
capacity
Holy Shepherd Lutheran
Church
433 Moraga Way 3.22 65 1.06 21 27
Berkeley Korean United
Methodist Church
451 Moraga Way 4.48 90 2.24 45 56
St. John Orthodox
Church
501 Moraga Way 4.94 98 1.63 33 41
Totals 12.64 253* 4.93 99 124
*This total is 163 without the Berkeley Korean United Methodist Church site.
Assembly Bill 2295 (AB 2295) – Miramonte High School site AB 2295, effective January 1, 2024, allows for a “by-right” approval process for affordable housing project on land owned by local education agencies meeting specific criteria. Some qualifying criteria include:
• Must consist of at least 10 units
• Must be deed-restricted for at least a) 30% lower income units, and b) total of 100% combined lower/moderate income units
• 100% of the project’s total units must be offered for rent first to agency employees, then to local public employees, and finally to general members of the public
• Must be adjacent to residential uses
• Must comply with objective development and design standards The density calculations for this law would allow the default density of 20 du/ac for Orinda, though this density would apply to the development footprint and not to the entire parcel. Direct comparison of the capacity for units between what AB 2295 enables and what the proposed zoning enables is therefore difficult. Overall, the proposed rezonings allow for 187 minimum units and 234 maximum units, which would not be tied to the workforce housing provisions of AB 2295.
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NEXT STEPS:
If the recommended actions are taken, this item would be brought back to the City Council at the public meeting on October 21, 2025, or as soon thereafter as possible, for a second reading and adoption.
ATTACHMENTS:
A. Draft Resolution 52-25(A) Amending the General Plan Land Use Chapter and General Plan Map
B. Draft Ordinance 25-04 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 5 Opportunity Sites Identified in the 6th Cycle Housing Element Sites Inventory
C. Draft Resolution 52-25(B) Amending the General Plan Land Use Chapter and General Plan Map
D. Draft Ordinance 25-05 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 26 Downtown Sites Identified in the 6th Cycle Housing Element Sites Inventory
E. Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core and Downtown General Zoning Districts
F. Planning Commission Resolution 25-06
G. Planning Commission Public Hearing Agenda Materials for August 12, 2025 H. 6th Cycle Housing Element
I. Plan Orinda Program Environmental Impact Report
J. Status of Related Housing Element Implementation Actions Respectfully Submitted by:
Lashun Cross
Planning Director
Prepared By: Darin Hughes, Associate Planner
Approved by:
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RESOLUTION NO. 52-25(A)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA
AMENDING THE GENERAL PLAN LAND USE CHAPTER AND GENERAL PLAN MAP TO CREATE TWO NEW LAND USE DESIGNATIONS, “RESIDENTIAL HIGHDENSITY MULTI-FAMILY” AND “RESIDENTIAL VERY HIGH-DENSITY MULTIFAMILY,” FOR THE 6TH CYCLE HOUSING ELEMENT WHEREAS, on January 31, 2023, the City Council adopted the 6th Cycle Housing Element (“Housing Element”); and
WHEREAS, on March 30, 2023, the California Department of Housing and Community Development (“HCD”) found the Housing Element to be in full compliance with State Housing Element Law; and
WHEREAS, the Housing Element contains an inventory of land suitable for residential development, referred to as the sites inventory; and WHEREAS, the Housing Element’s sites inventory identified five opportunity sites outside of downtown (“opportunity sites”); and
WHEREAS, the five opportunity sites are identified as Site # C-2, C-3, C-4, S-1, and G-4 in the Housing Element; and
WHEREAS, an undeveloped portion of each opportunity site is proposed to be rezoned to allow for high-density residential development; and WHEREAS, two new General Plan land use designations, “Residential - High-Density Multi-Family”, and “Residential – Very High-Density Multi-Family,” will be created for the opportunity sites; and
WHEREAS, Site # C-2, C-3, and C-4 are church sites located at 433 Moraga Way, 451 Moraga Way, and 501 Moraga Way, currently designated “Residential – Low-Density, Single-Family” in the City’s General Plan; and WHEREAS, Site # S-1 is the Miramonte High School site at 750 Moraga Way, currently designed “Public and Semipublic” and “Open Space” in the General Plan; and
WHEREAS, a portion of Site # C-2, C-3, C-4, and S-1 are proposed to be designated “Residential – High-Density Multi-Family” in the General Plan; and WHEREAS, Site # G-4 is part of the Caltrans right-of-way, currently designated “Public and Semipublic” in the General Plan; and E.1.a
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Attachment: Draft Resolution 52-25(A) Amending the General Plan Land Use Chapter and General Plan Map (3711 : 6th Cycle Housing Element Resolution 52-25(A)
2 WHEREAS, Site # G-4 is proposed to be designated “Residential – Very High-Density Multi-Family” in the General Plan; and
WHEREAS, Housing Element Action 1.B (Housing Opportunity Sites), Action 1.C (Caltrans Gateway Site Development), and Action 1.D (Residential Zoning Districts and Land Use Designation) require the General Plan Amendments to be completed prior to May 31, 2026; and
WHEREAS, state law requires consistency between the City’s General Plan and Zoning Ordinance; and
WHEREAS, the City complied with all applicable procedural, notice, and tribal consultation requirements in state law; and
WHEREAS, with the approval of Resolution 13-25 on March 18, 2025, the City Council certified a Revised Final Environmental Impact Report (“RFEIR”) for Plan Orinda, which analyzed the impacts of the 6th Cycle Housing Element, Downtown Precise Plan (rescinded), Safety Element update, and implementing actions. The zoning changes contained in Ordinance 25-04 and the following General Plan amendments, are within the scope of Plan Orinda and were fully evaluated in the related environmental review documents (together, “Program EIR”) adopted for Plan Orinda; and
WHEREAS, the Program EIR addresses all requirements of CEQA for the zoning changes contained in Ordinance 25-04 and the following General Plan amendments, including the analysis of significant impacts, cumulatively considerable contributions, and feasible mitigation measures of Plan Orinda; and WHEREAS, with the approval of Resolution 13-25 on March 18, 2025, the City Council also adopted California Environmental Quality Act (“CEQA”) findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program (“MMRP”) that includes all feasible mitigation measures identified in the Program EIR; and
WHEREAS, a Notice of Determination (NOD) was filed on March 20, 2025 with the Contra Costa County Clerk, in compliance CEQA, documenting that, with the approval of Resolution 13-25 on March 18, 2025, the City Council: (1) Certified the Plan Orinda RFEIR, which analyzed the impacts of the 6th Cycle Housing Element, Downtown Precise Plan (rescinded), Safety Element Update, and implementing actions, and concluded that the project would result in significant and unavoidable environmental effects; and (2) Adopted a Statement of Overriding Considerations and an MMRP based on the environmental impacts of the project as analyzed in the RFEIR; and
WHEREAS, the zoning changes contained in Ordinance 25-04 and the following General Plan amendments, do not have any environmental effects not EXHIBIT A E.1.a
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Attachment: Draft Resolution 52-25(A) Amending the General Plan Land Use Chapter and General Plan Map (3711 : 6th Cycle Housing Element Resolution 52-25(A)
3 already fully examined in the Program EIR, including in the RFEIR, or projectspecific significant effects peculiar to the project or the site that were not fully analyzed in the Program EIR, including potentially significant off-site or cumulative impacts; and
WHEREAS, the zoning changes contained in Ordinance 25-04 and the following General Plan amendments, are part of the project analyzed in the Program EIR and do not involve any changes in the project or project circumstances that might require revisions to the Program EIR, nor are there any substantial changes or other new information that might require revisions to the Program EIR; and WHEREAS, the zoning changes contained in Ordinance 25-04 and the following General Plan amendments, do not require any subsequent review or revisions to the Program EIR for the foregoing reasons; and WHEREAS, mitigation measures incorporated in the MMRP will be undertaken as described in the MMRP and will apply to any development under Plan Orinda, including any development of sites consistent with the zoning changes contained in Ordinance 25-04, which implement the following General Plan amendments; and
WHEREAS, the zoning changes contained in Ordinance 25-04 and the following General Plan amendments, implement the schedule of actions contained in the Orinda 6th Cycle Housing Element and do not allow for construction on natural and protected lands nor the development of a distribution center or oil and gas infrastructure, as defined in Public Resources Code section 21080.085; and WHEREAS, on August 12, 2025, the Planning Commission recommended that the City Council approve an ordinance amending portions of Title 17 of the Orinda Municipal Code and the Zoning Map as well as a resolution amending the General Plan Land Use Chapter and the General Plan Map; and
WHEREAS, on ____________, at a public hearing noticed consistent with state law, the City Council took testimony, discussed the issues, and considered all the written and oral evidence presented at the public hearing in making its decision.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda does hereby approve the attached amendments to the General Plan Land Use Chapter and amendments to the General Plan Land Use Map.
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Attachment: Draft Resolution 52-25(A) Amending the General Plan Land Use Chapter and General Plan Map (3711 : 6th Cycle Housing Element Resolution 52-25(A)
4 Adopted by the City Council of the City of Orinda at a regular meeting on __________ by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
__________________________________
Brandyn Iverson, Vice Mayor
ATTEST:
__________________________________
Sheri Marie Smith, City Clerk
Exhibit A: Redline document showing changes to General Plan Land Use Chapter Exhibit B: General Plan Map Insets showing sites designated Residential – HighDensity or Residential - Very High-Density 1940824.2
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Attachment: Draft Resolution 52-25(A) Amending the General Plan Land Use Chapter and General Plan Map (3711 : 6th Cycle Housing Element
1. Add the following two classifications to “2.1 Land Use Element: Land Use Classifications” (alphabetically):
Residential – High-Density Multi-Family: This classification allows multi-family residential development, such as apartments, townhomes, and condominiums with a minimum density of 20 units per acre and a maximum density of 25 units per acre.
Residential – Very High-Density Multi-Family: This classification allows multi-family residential development, such as apartments, townhomes, and condominiums with a minimum density of 20 units per acre and a maximum density of 40 units per acre.
2. Add the following implementing policy to “2.1.2 Land Use: Implementing Policies” and adjust the numbering of the ensuing implementing policies accordingly:
D. Medium, High and Very High Density: Maintain zoning and other regulations that permit multi-family housing with minimum and maximum densities as described in this Land Use Element and consistent with the Housing Element.
EXHIBIT A
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Attachment: Draft Resolution 52-25(A) Amending the General Plan Land Use Chapter and General Plan Map (3711 : 6th Cycle Housing Element FIGURE 2B: RESIDENTIAL: HIGH-DENSITY INSETS
City of Orinda General Plan
Land Use Classifications
PARCEL A
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FIGURE 2C: RESIDENTIAL: VERY HIGH-DENSITY INSET
City of Orinda General Plan
Land Use Classifications
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BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of: Ordinance 25-04
An Ordinance Amending Title 17 of the
Orinda Municipal Code (Zoning) and
Amending the Zoning Map for 5 Opportunity
Sites Identified in the 6th Cycle Housing
Element Sites Inventory.
The City Council of the City of Orinda DOES ORDAIN as follows:
SECTION 1.
The City Council of the City of Orinda intends, by adopting this ordinance, to amend certain zoning regulations in Title 17 of the Orinda Municipal Code (Zoning). These changes are intended to make the City’s Zoning Code consistent with the adopted 6th Cycle Housing Element of the City’s General Plan and to comply with State and Federal law. The changes include the creation of two new districts: “RH-25” and “RH-40” zoning districts, as well as new development standards for two zoning districts. This ordinance also amends the City’s Zoning Map to apply the new “RH-25” and “RH-40” zoning districts on a portion of five opportunity sites identified in the 6th Cycle Housing Element.
SECTION 2.
The following portions of the Zoning Code are amended and added as specified below and in Attachment A. Attachment A shows additions with double-underlined text and deletions with strike-out text.
Municipal Code Provision Action as shown in Attachment A §17.1.8 Text amended
§17.3.2 Text amended
§17.3.3 Text amended
§17.3.11 Text amended
§17.4.2 Text amended
§17.4.32 Text amended
§17.4.35 New section added
§17.30.11 Text amended
SECTION 3.
The Zoning Map is amended as shown in Attachment B to apply to a portion of five sites located outside of downtown and identified as housing opportunity sites in the 6th Cycle Housing Element:
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Attachment: Draft Ordinance 25-04 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 5 Opportunity
1. 433 Moraga Way (APN 270-302-006) – “RH-25” zoning applied to a 1.06 acre portion of the 3.22 acre site.
2. 451 Moraga Way (APN 270-290-028) - “RH-25” zoning applied to a 2.24 acre portion of the 4.48 acre site.
3. 501 Moraga Way (APN 270-160-007) - “RH-25” zoning applied to a 1.63 acre portion of the 4.94 acre site.
4. 750 Moraga Way (APN 271-120-006) - “RH-25” zoning applied to a 9.35 acre portion of the 51.95 acre site.
5. Caltrans Right-of-Way (adjacent to Highway-24, Wilder Road westbound exit) - “RH-40” zoning applied to a 5.00 acre portion of the Caltrans right-of-way.
SECTION 4.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance irrespective of the invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.
SECTION 5.
This ordinance is consistent with the Orinda General Plan, including the relevant development densities described in the Housing Element. This ordinance is necessary to implement the Orinda Housing Element and is part of Plan Orinda.
SECTION 6.
The City Council finds that this ordinance is necessary to implement the Orinda Housing Element, which is part of Plan Orinda, and not subject to any requirement for additional review under the California Environmental Quality Act (“CEQA”). On March 18, 2025, the City Council adopted the Revised Final Environmental Impact Report (“RFEIR”) for Plan Orinda via Resolution No. 13-25. The zoning changes contained in this ordinance are within the scope of Plan Orinda and were fully evaluated in the related environmental review documents (together, “Program EIR”) adopted for Plan Orinda. 14 Cal. Code Regs (“CCR”) §§ 15163, 15168. The Program EIR addresses all requirements of CEQA for this ordinance, including the analysis of significant impacts, cumulatively considerable contributions, and feasible mitigation measures of Plan Orinda. On March 18, 2025, the Council also adopted Resolution No. 13-25 containing CEQA findings and a statement of overriding considerations for the Orinda Housing Element based on substantial evidence. Id. § 15183.
The zoning changes contained in this ordinance do not have any environmental effects not already fully examined in the Program EIR, including in the RFEIR (id. § 15168) or project-specific significant effects peculiar to the project or the site that were not fully analyzed in the Program EIR, including potentially significant off-site or cumulative impacts (id. § 15183). Consequently, the zoning changes contained in this ordinance do not require any subsequent review or revisions to the Program EIR. The zoning E.1.b
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Attachment: Draft Ordinance 25-04 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 5 Opportunity
changes contained in this ordinance are part of the project analyzed in the Program EIR and do not involve any changes in the project or project circumstances that might require revisions to the Program EIR. Id. § 15162; Pub. Res. Code § 21166. Additionally, there are no substantial changes or new information that might require revisions to the Program EIR. 14 CCR §§ 15168, 15183.
All feasible mitigation identified in the Program EIR has been incorporated in the adopted Mitigation Monitoring and Reporting Program (“MMRP”) via Resolution No. 13-
25. These mitigation measures will apply to any development under Plan Orinda, including any development of sites consistent with the zoning changes contained in this ordinance. Id. §§ 15168, 15183. These mitigation measures will be undertaken as described in the MMRP.
This ordinance is also exempt from CEQA because it contains rezonings that implement the schedule of actions in Plan Orinda, as part of the Orinda Housing Element, and does not allow for construction of a distribution center, oil and gas infrastructure, or any development on natural and protected lands. Public Resources Code § 21080.085.
SECTION 7.
This ordinance becomes effective thirty (30) days after adoption.
SECTION 8.
The City Clerk shall either (a) have this ordinance published once within fifteen (15) days after adoption in a newspaper of general circulation, or (b) have a summary of this ordinance published twice in a newspaper of general circulation, once five (5) days before its adoption and again within fifteen (15) days after adoption.
Following a duly-noticed public hearing, the foregoing ordinance was introduced at a meeting of the City Council of the City of Orinda held on _ ____ and was adopted and ordered published at a regular meeting held on _______ by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Brandyn Iverson, Vice Mayor
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Attachment: Draft Ordinance 25-04 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 5 Opportunity
ATTEST:
Sheri Marie Smith, City Clerk
Attachment A: OMC Title 17 Text Amendments
Attachment B: Zoning Map Exhibits – Sites Rezoned to RH-25 and RH-40 1940828.2
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Attachment: Draft Ordinance 25-04 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 5 Opportunity
1. Municipal Code section 17.1.8 table is amended to add the following base zoning district (alphabetically):
Base District Designator Base District Name Chapter
RH Residential High Density District 3 and 4
2. Municipal Code sections 17.3.2 and 17.3.3 are amended as follows:
17.3.2 Residential district descriptions.
There are nineeleven residential districts in the City of Orinda, as follows.
A. RVL-E (Residential Very Low Density—Estates). The RVL-E district encompasses parcels with a minimum net lot size of ten acres.
B. RVL (Residential Very Low Density). The RVL district encompasses parcels with a minimum net lot size of five acres.
C. RL-40 (Residential Low Density—Forty Thousand square feet). The RL-40 district encompasses parcels with a minimum net lot size of forty thousand (40,000) square feet.
D. RL-20 (Residential Low Density—Twenty Thousand square feet). The RL-20 district encompasses parcels with a minimum net lot size of twenty thousand (20,000) square feet.
E. RL-15 (Residential Low Density—Fifteen thousand square feet). The RL-15 district encompasses parcels with a prescribed net lot size of fifteen thousand (15,000) square feet.
F. RL-12 (Residential Low Density—Twelve thousand square feet). The RL-12 district encompasses parcels with a prescribed net lot size of twelve thousand (12,000) square feet.
G. RL-10 (Residential Low Density—Ten thousand square feet). The RL-10 district encompasses parcels with a prescribed net lot size of ten thousand (10,000) square feet.
H. RL-6 (Residential Low Density—Six thousand square feet). The RL-6 district encompasses parcels with a prescribed net lot size of six thousand (6,000) square feet.
I. RM (Residential Medium Density). The RM district permits a density of no greater than ten units per acre.
J. RH-25 (Residential High Density – Twenty-five dwelling units per acre). The RH-25 district requires a minimum density of twenty units per acre and a maximum density of twenty-five units per acre.
K. RH-40 (Residential High Density – Forty dwelling units per acre). The RH-40 district requires a minimum density of twenty units per acre and a maximum density of forty units per acre.
17.3.3 RVL, RL, and RM, and RH districts—Land use regulations.
A. Permitted Uses. A use in the RVL, RL, or RM, or RH district is permitted with or without a permit as provided in Schedule 17.3.3, entitled "RVL, RL, and RM, and RH Districts—Land Use Regulations." A use classification followed by the letter "P" is a use that is permitted by right and does not require a use permit. A use classification followed by the letter "L" is a permitted use that is subject to certain limitations prescribed under the "Additional Use Regulations" which follow within this chapter. A use classification followed by the letter "U" is a use authorized in a residential district on approval of Attachment A E.1.b
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Attachment: Draft Ordinance 25-04 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 5 Opportunity a use permit. A use classification followed by the letter "T" is a use permitted on approval of a temporary event permit. Definitions of use appear in Chapter 17.2 of this title.
B. Zoning Administrator Determination. Where a proposed use is not specifically listed on Schedule
17.3.3, entitled "RVL, RL, and RM, and RH Districts—Land Use Regulations," the Zoning Administrator shall make a determination of use classification based upon consideration of activity characteristics of the proposed use.
C. Use Permit for Certain Ancillary Uses. Certain ancillary uses in the RL and RVL districts may require a use permit under Chapter 17.31.
Schedule 17.3.3
RVL, RL, and RM, and RH DISTRICTS—
LAND USE REGULATIONS
P Permitted
U Use Permit Required
L Permitted, but limited by additional objective regulations T Temporary Event Permit
— Not Permitted (Prohibited/Not Applicable)
RVL RL RM RH
Residential Uses
Single-Family Residential P P — —
• Accessory dwelling unit P P P
• Ancillary use not normally associated
with a single-family home; such as garage
structures for more than four cars,
energy generation or similar activities, as
determined by the Zoning Administrator
U U — —
Accessory dwelling unit P P P P
• Large family day care P P P P
• Small family day care P P P P
• Outdoor lighting with height over seven
feet excluding lights attached to
residence, for sports courts, pools or
similar uses as determined by the Zoning
Administrator
U U — —
• Elevated deck U U — L
• Home occupation L L — L
• Keeping of animals L L — —
Multifamily Residential — — L L
Residential Care Facility (2) L L — —
Residential Care, Limited P P P P
Congregate Care — — U U
Transitional and Supportive Housing P P P P
Public and Semi-public Uses
Club or Lodge (1) — U U —
Cultural Institution (1) — U U —
Day Care, General U U U —
Government Office — — U —
Maintenance or Service Facility U U — —
Attachment A E.1.b
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Attachment: Draft Ordinance 25-04 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 5 Opportunity Park or Recreation Facility U U U —
Public Safety Facility U U U —
Religious Assembly (1) — U U —
School, Public or Private (1) — U U —
Utility, Major (1) U U U —
Utility, Minor P P P —
Agricultural Uses
Animal Husbandry U U — —
Crop Production U — — —
Employee/Farmworker Housing (3) L L — —
Temporary Uses
Temporary events (Chapter 17.37) T T T T
Garage Sales (maximum two per calendar
year per unit)
P P P P
Trailer for Construction or Real Estate
Sales (new home development)
U U U U
Marijuana Uses
Commercial Marijuana Land Uses — — — —
Outdoor marijuana cultivation — — — —
(1) May only be considered if property has frontage on an arterial or collector street. (2) Must demonstrate compliance with state law and license to operate facility. (3) Employee and farmworker housing that serves 6 (six) or fewer persons.
3. Municipal Code section 17.3.11 is amended as follows:
17.3.11 Multifamily housing.
To the extent allowed by state law, Mmultifamily dwellings in the RM and RH districts shall comply, as applicable, with the design review standards in section 17.30.11, the multifamily property development standards in section 17.4.2, and the multifamily development standards in section 17.4.32, and the Residential High Density development standards in section 17.4.35.
4. Municipal Code section 17.4.2 is amended as follows:
17.4.2 RVL, RL, and RM, and RH Districts—Property development regulations.
Schedule 17.4.2 entitled "Residential Property Development Standards" (found at the end of this section) prescribes certain base restrictions on improvements in residential districts, which districts are described in Section 17.3.2. These development standards and other limitations elsewhere in this chapter are not entitlements and may be modified (i.e., reduced, if for height, and increased, if for setback) as a condition of approval by the reviewing body if discretionary review of the proposed improvement is otherwise required by this title. In addition, lot formation and reconfiguration are subject to the provisions of Chapter 17.7 (Residential Minimum Lot Size) and Chapter 17.20 (Lot Line Adjustments) of this title.
Schedule 17.4.2 (A)
SINGLE FAMILY RESIDENTIAL PROPERTY DEVELOPMENT STANDARDS Attachment A E.1.b
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Attachment: Draft Ordinance 25-04 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 5 Opportunity 1 The Front, Side and Rear Yard Setback may, at the applicant's discretion, be measured from the edge of the existing paved roadway rather than from the property line (i.e., the right-of-way boundary), provided the resulting setback measures no less than fifteen (15) feet from the property line with street frontage. 2 The Total (Combined) Side Yard Setback is the combination of both Side Yard Setbacks. The Total (Combined) Side Yard Setback requirement shall not apply to those portions of the property located more than 50 feet from the front property line.
Schedule 17.4.2 (B)
MULTIFAMILY RESIDENTIAL PROPERTY DEVELOPMENT STANDARDS
Zoning District: RM SH-Overlay (of
RM Base
District)
HD- Overlay (of
base RM
District)
RH-25 RH-40
Minimum
Density (du/ac)
N/A N/A N/A 20 20
Maximum
Density (du/ac)
10 38 20 unless
otherwise
specified
25 40
Prescribed Lot
Area (square feet,
or as noted)
20,000 See RM See RM Minimum
22,500
Minimum
22,500
Minimum Yard
Setbacks (feet)
Zoning District: RVL-E RVL RL-40 RL-20 RL-15 RL-12 RL-10 RL-6 Minimum Front Lot Width
(feet)
350 250 140 120 100 100 80 60
Minimum Front Lot Depth
(feet)
400 200 140 120 100 100 90 90
Minimum Yard Setbacks
(feet)
• Front Yard1 25 25 25 25 20 20 20 20
• Side Yard 50 50 15 15 10 10 10 5
• Total (Combined) Side
Yard2
100 100 40 35 25 25 20 15
• Rear Yard 25 25 15 15 10 10 10 5
• Side and Rear Yard
with Street Frontage1
25 25 25 25 20 20 20 20
Maximum Building Height
(feet)
27 27 27 27 27 27 27 27
Maximum Building Height
(stories)
2 ½ 2 ½ 2 ½ 2 ½ 2 ½ 2 ½ 2 ½ 2 ½
Maximum Aggregate
Building Height (feet)
35 35 35 35 35 35 35 35
Attachment A E.1.b
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Attachment: Draft Ordinance 25-04 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 5 Opportunity Zoning District: RM SH-Overlay (of
RM Base
District)
HD- Overlay (of
base RM
District)
RH-25 RH-40
• Front Yard1 15 10 See RM 15 15
• Side Yard 10 10 See RM 10 10
• Total
(Combined) Side
Yard
20 N/A See RM 20 20
• Rear Yard 10 10 See RM 10 10
• Side and Rear
Yard with Street
Frontage1
15 20 ft from face
of curb
See RM 15 ft from face
of curb
15 ft from face
of curb
Building
Projection
Per 17.4.18 Per 17.4.18 See RM Per 17.4.18 Per 17.4.18
Maximum
Building Height
(feet)
27 Per closest
Residential or
Downtown
District
See RM 36 50
Maximum
Building Height
(stories)
2 ½ Per closest
Residential or
Downtown
District
See RM 3 5
Maximum
Aggregate
Building Height
(feet)
35 Per closest
Residential or
Downtown
District
See RM N/A N/A
Building Plane
Line
N/A Per 17.4.33.K N/A Per 17.4.35(K) Per 17.4.35(K)
Building
Separation
N/A Per 17.4.33.M N/A As required by
Building Code.
As required by
Building Code.
Parking Per 17.16 Per 17.16 Per 17.16 Per 17.16 Per 17.16) Min Private Open
Space
150 sf per unit
per 17.4.32(C)
See RM See RM 150 150
Min Shared Open
Space
100 sf/unit per
17.4.32(C)
100 sf/unit per
17.4.33(C)
100 sf /unit per
17.4.34(F)
100 sf /unit per
17.4.35(C)
100 sf /unit per
17.4.35(C)
Min Private
Storage Space
30 cubic feet
/unit per
17.4.32(E)
See RM See RM N/A N/A
Boat and Trailer
Storage
Per 17.4.32(F) See RM — — —
Min Laundry
Facilities
If shared, 1
washer/ 5 units
per 17.4.32(G)
If shared, 1
washer/ 15
units per
17.4.33(D)
If shared, 1
washer/ 15
units per
17.4.34(G)
If shared, 1
washer /15
units per
17.4.35(G)
If shared, 1
washer /15
units per
17.4.35(G)
Lighting and
Security
Per 17.4.32(H) Per 17.4.33(E) Per 17.4.34(H) Per 17.4.35(E) Per 17.4.35(E) Attachment A E.1.b
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Attachment: Draft Ordinance 25-04 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 5 Opportunity Zoning District: RM SH-Overlay (of
RM Base
District)
HD- Overlay (of
base RM
District)
RH-25 RH-40
Landscaping Per 17.4.32(I) Per 17.4.33(F) Per 17.4.34(I) Per 17.4.35(F) Per 17.4.35(F) Trash Enclosures Per 17.4.32(L) Per 17.4.33(N) 17.4.34(J) Per 17.4.35(N) Per 17.4.35(N) Gathering Rooms
for 8 or more
units
30 sf/unit per
17.4.32(M)
10 sf/ unit per
17.4.33(O)
See RM 10 sf/unit per
17.4.35(O)
10 sf/unit per
17.4.35(O)
Direct Pedestrian
Access
N/A Direct access
per 17.4.33(P)
N/A Direct access
per 17.4.35(N)
Direct access
per 17.4.35(N)
Mechanical
Equipment
Not specified. Screening per
17.4.33(Q)
Screening per
17.4.34(K)
Screening per
17.4.35(Q)
Screening per
17.4.35(Q)
1 The Front, Side and Rear Yard Setback may, at the applicant's discretion, be measured from the edge of the existing paved roadway rather than from the property line (i.e., the right-of-way boundary), provided the resulting setback measures no less than fifteen (15) feet from the property line with street frontage.
Section 17.4.2 Graphic
Front, Side and Rear Yards with Street Frontage
5. Municipal Code section 17.4.32 is amended as follows:
17.4.32 Residential multifamily development standards.
The following supplemental regulations shall apply to multifamily residential development in the RM (Residential Multifamily) District:
A. Purpose. The intent of these regulations is to prescribe reasonable standards for multifamily residential development in addition to other applicable city ordinances.
Attachment A E.1.b
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Attachment: Draft Ordinance 25-04 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 5 Opportunity B. Off-Street Parking. Parking spaces for each dwelling unit shall be provided consistent with the requirements of Chapter 17.16 of this title. Visitor parking shall be uniformly distributed throughout the development. All visitor spaces shall be permanently marked as visitor spaces.
C. Private Open Space. Each condominium and townhome unit shall have at least one appurtenant private patio, deck, balcony, atrium or other outdoor private area contiguous to the unit in a single, undivided area of not less than one hundred fifty (150) square feet.
D. Shared Open Space. An outdoor common area of at least one hundred (100) square feet per unit shall be provided for outdoor active and passive group recreation. Such common areas shall not include driveways, parking areas or required front or corner side yards.
E. Private Storage Space. Each unit within the project shall have at least thirty (30) cubic feet of enclosed, weatherproofed and lockable storage space at a single location.
F. Boat and Trailer Storage. Boat, trailer and recreational vehicle storage shall be limited as described in Section 17.4.29, unless such vehicles are prohibited by restrictive covenants.
G. Laundry Facilities. Adequate laundry facilities shall be provided by:
1. Constructing a laundry room with the equivalent of one standard washing machine for each five dwelling units and an equivalent capacity in automatic clothes dryers; or
2. Provide properly designed and plumbed areas within each dwelling unit for washing and drying clothes.
H. Lighting and Security. Night and security lighting and security measures shall be provided as necessary to ensure safe and convenient access and use of multifamily residential facilities.
I. Landscaping. All multifamily residential development shall include landscape plans which provide for substantial front yard landscape screening and, as appropriate, side and rear yard landscaping.
Landscaping shall blend with the design of the development and enhance the visual quality of the streetscape, and to help achieve design consistency with the character of the neighborhood.
J. Permitted Density. Density limits for multifamily housing shall not exceed the density limitations as established by the general plan land use designation for the property. Density bonuses for affordable or senior housing shall also be as established by the general plan and applicable state housing law.
K. Height Limits and Setbacks. Yard setback and height limits shall be established by condition of land use permit approval. In no instance shall permitted building heights exceed twenty-five (25) feet.
L.K. Trash Enclosures. Trash enclosures shall be located conveniently for residents, and out of vehicular circulation areas. Trash enclosures may not be located within five feet of side or rear property lines or within the conditionally established front yard setback for the principal structure(s). Trash enclosures shall be of a design which is compatible with the development.
M.L. Gathering Rooms. Where eight or more units are proposed, and in addition to the above requirements, special consideration shall be given to providing adequate gathering rooms or locations for facility residents, based on a requirement of at least thirty (30) square feet per living unit. Areas devoted to kitchen areas and restrooms in such community facilities shall not count toward meeting this requirement.
6. Municipal Code Chapter 17.4 is amended to add section 17.4.35 as follows:
17.4.35 Residential High Density (RH) development standards.
A. Allowed by right. Multifamily Housing Facilities, as defined in section 17.2.3, are allowed by right in the RH districts subject to the design review requirements of Chapter 17.30, the development standards of this section, and other applicable city ordinances to the extent permitted by state law.
Attachment A E.1.b
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Attachment: Draft Ordinance 25-04 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 5 Opportunity B. Off-Street Parking. Parking spaces for each dwelling unit shall be provided consistent with the requirements of Chapter 17.16 of this title.
C. Shared Open Space. Outdoor common area(s) of at least one hundred (100) square feet per dwelling unit shall be provided for active and passive group recreation. Each outdoor area shall have a dimension no less than eight feet and shall not include driveways, parking areas, or required street fronting yards.
D. Laundry Facilities. Adequate laundry facilities shall be provided by:
1. Constructing a laundry room with the equivalent of one standard washing machine for each fifteen (15) dwelling units and an equivalent capacity in automatic clothes dryers; or
2. Providing properly-designed and plumbed areas within each dwelling unit for washing and drying clothes.
E. Lighting and Security. Night and security lighting and security measures shall be provided as necessary to ensure safe and convenient access. All outdoor lighting shall be shielded to prevent glare and outdoor light fixtures more than three feet above the ground shall be shielded to prevent direct illumination off-site.
F. Landscaping. All development shall include landscape plans as required in Chapter 17.17 of this title. In addition, landscaping shall provide substantial landscape screening from off-site vantage points and, as appropriate, side and rear yard landscaping. Landscaping shall blend with the design of the development and enhance the visual quality of the streetscape, and help to achieve design consistency with the character of the neighborhood.
G. Permitted Density. Multifamily housing in the RH districts shall comply with the minimum and maximum density requirements described in Schedule 17.4.2 (B) H. Story Limit. The maximum number of stories shall be as described in Schedule 17.4.2 (B).
I. Building Height Limit. The maximum building height shall be as described in Schedule 17.4.2 (B).
J. Building Setbacks. Buildings shall meet the minimum setback requirements described in Schedule
17.4.2 (B).
K. Building Plane Line. No portion of a building shall project beyond the building plane line. The building plane line for facades with street frontage is a plumb line drawn twenty-seven (27) feet high at the setback line then inward on the lot at a forty-five (45) degree angle to the maximum building height. At interior property lines the building plane line is a plumb line forty (40) feet high at the setback line then inward on the lot at a forty-five (45) degree angle. For purposes of this requirement, the vertical measurements are taken from finish grade.
L. Building Projections. Projections described permitted in section 17.4.18 also apply to the building setbacks and building plane line of this section.
M. Building Separation. Buildings shall comply with the minimum separation requirements in the Building Code.
N. Trash Enclosures. Trash and recycling enclosures shall be located conveniently for residents, and out of vehicular circulation areas. Trash and recycling enclosures may not be located within five feet of interior property lines or within the street fronting setbacks. Trash and recycling enclosures shall be of a design which is compatible with the development.
O. Gathering Rooms. Projects with eight or more units shall include adequate gathering rooms or locations for facility residents, based on a requirement of at least ten square feet per dwelling unit.
Areas devoted to kitchen areas and restrooms in such community facilities shall not count toward meeting this requirement.
P. Pedestrian access. Direct pedestrian access to abutting public streets and parks shall be provided.
Attachment A E.1.b
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Attachment: Draft Ordinance 25-04 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 5 Opportunity Q. Mechanical Equipment.
1. General Requirement. Exterior mechanical equipment (except solar collectors) and operating mechanical equipment must be screened from off-site views. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing line, ductwork and transformers. Placement of mechanical equipment is limited by the setback requirements of the base zoning district, unless otherwise provided for within this title.
2. Utility Meters. A utility meter must be screened from view from the public right-of-way. A meter or transformer in a required front yard or in a corner side yard must be enclosed in a subsurface vault.
3. Screening Specifications. Screening material may have evenly-distributed openings or perforations not exceeding fifty (50) percent of the surface area and must effectively screen mechanical equipment so that it is not directly visible from off-site. Heavy, evergreen landscaping may be used to meet these requirements.
7. Municipal Code section 17.30.11 is amended as follows:
17.30.11 Senior housing facility, multifamily housing, and high density design review.
A. Standards. To approve or approve with conditions a Senior Housing Project, as defined in Section
17.2.3, located within a Senior Housing Overlay District, the Planning Commission shall make findings of fact to support each of the following standards. These standards shall also apply to proposed multifamily dwellings in the RM and RH districts, including those in the High Density Overlay District (- HD Overlay) district. These standards apply only to the extent permitted under state law:
1. The proposed development is designed to respect the scale and tranquility of nearby properties and does not impair the existing views, block access to light and air or infringe on the privacy of neighbors in a substantial fashion. In considering this factor, decisionmakers shall balance the importance of minimizing impacts on neighboring properties and the applicant's ability to develop the property. The term "view" shall be defined in Section 17.22.4.
2. The development is pedestrian-oriented with pedestrian connections to adjoining public streets and parks and vehicular parking does not overwhelm the character of development.
3. The visible mass of the building is minimized and facades highly visible from nearby off-site vantage points are designed to reduce the blocky or massive features of building surfaces and provide articulation and visual interest.
4. Primary landscaping elements consist mainly of locally native species. Landscaping shall provide substantial screening from off-site vantage points and, as appropriate, side and rear yard landscaping. Landscaping shall blend with the design of the development, enhance the visual quality of the streetscape, and help achieve design consistency with the character of the neighborhood.
5. The development is designed to relate to the natural and man-made context of the site including on- and off-site views of the hills and open space areas; solar access for on-site common areas and adjacent properties; creek preservation, restoration and orientation; and preservation of street trees. The proposed development is designed to protect undeveloped ridgelines and hillsides and preserve significant or unique scenic vistas.
6. Development on parcels in excess of one acre is designed to avoid monolithic undifferentiated building masses.
Attachment A E.1.b
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Attachment: Draft Ordinance 25-04 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 5 Opportunity B. Conditions. The decision-maker may impose conditions of approval including changes to development standards in Chapter 17.4, subject to making findings for the applicable variance or exception, if applicable, or may deny the application.
Attachment A E.1.b
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Attachment: Draft Ordinance 25-04 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 5 Opportunity
PARCEL A
58 PM 22
APN 270-302-006 MORAGA WAY
ORCHARD RD
433 MORAGA WAY, APN 270-302-006
HOLY SHEPHERD LUTHERAN CHURCH
ZONING MAP AMENDMENT
Attachment B
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Attachment: Draft Ordinance 25-04 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 5 Opportunity APN 270-290-028
DOC NO. 2020-0215131
MORAGA WAY
OAK
DR
451 MORAGA WAY, APN 270-290-028
ST. MARK'S CHURCH
ZONING MAP AMENDMENT
Attachment B
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Attachment: Draft Ordinance 25-04 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 5 Opportunity
MORAGA WAY
HALL DR
91 LSM 34
APN 270-160-007
501 MORAGA WAY, APN 270-160-007
ST. JOHN ORTHODOX CHURCH
ZONING MAP AMENDMENT
Attachment B
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Attachment: Draft Ordinance 25-04 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 5 Opportunity 542 M 3
APN 271-120-006
109 LSM 39
MORAGA WAY
IVY DR
LAVENIDA
DR
750 MORAGA WAY, APN 271-120-006
MIRAMONTE HIGH SCHOOL
ZONING MAP AMENDMENT
Attachment B
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Attachment: Draft Ordinance 25-04 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 5 Opportunity
WILDER RD
SR-24
APN 265-160-017 APN 273-160-009 WILDER RD
CALTRANS RIGHT-OF-WAY
ZONING MAP AMENDMENT
Attachment B
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Attachment: Draft Ordinance 25-04 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 5 Opportunity RESOLUTION NO. 52-25(B)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA
AMENDING THE GENERAL PLAN LAND USE CHAPTER AND GENERAL PLAN MAP TO CREATE FOUR NEW LAND USE DESIGNATIONS, “DOWNTOWN – CORE” AND “DOWNTOWN – GENERAL,” FOR THE 6TH CYCLE HOUSING
ELEMENT
WHEREAS, on January 31, 2023, the City Council adopted the 6th Cycle Housing Element (“Housing Element”); and
WHEREAS, on March 30, 2023, the California Department of Housing and Community Development (“HCD”) found the Housing Element to be in full compliance with State Housing Element Law; and
WHEREAS, the Housing Element contains an inventory of land suitable for residential development, referred to as the sites inventory; and WHEREAS, the Housing Element sites inventory identified 26 downtown sites; and
WHEREAS, the 26 downtown sites are identified as Site # DPP-1, DPP-2, DPP-3, DPP-4, DPP-5, DPP-6, DPP-8, DPP-9, DPP-10, DPP-11, DPP-12, DPP13, DPP-14, DPP-17, DPP-24, DPP-25, DPP-29, DPP-35, DPP-38, DPP-39, DPP40, DPP-41, DPP-43, DPP-44, DPP-45, and DPP-46 in the Housing Element; and WHEREAS, each downtown site is proposed to be rezoned to allow for mixed-use high-density residential development; and
WHEREAS, two new General Plan land use designations, “Downtown – Core” and “Downtown – General”, will be created for the downtown sites; and WHEREAS, Site # DPP-1, DPP-2, DPP-3, DPP-4, DPP-5, DPP-6, DPP-8, DPP-9, DPP-10, DPP-11, DPP-12, and DPP-13, DPP-35, DPP-38, DPP-39, DPP40, DPP-41, DPP-43, DPP-45, and DPP-46 are located in the downtown and are currently designated “Downtown – Community Business” in the City’s General Plan; and
WHEREAS, Site # DPP-1, DPP-2, DPP-3, DPP-4, DPP-5, DPP-6, DPP-8, DPP-9, DPP-10, DPP-11, DPP-12, and DPP-13, DPP-35, DPP-38, DPP-39, DPP40, DPP-41, DPP-43, DPP-45, and DPP-46 are proposed to be designated “Downtown – Core” in the City’s General Plan; and
WHEREAS, Site # DPP-14, DPP-17, DPP-24, DPP-25, DPP-29, and DPP44 are located in the downtown and are currently designated “Downtown – E.1.c
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Attachment: Draft Resolution 52-25(B) Amending the General Plan Land Use Chapter and General Plan Map (3711 : 6th Cycle Housing Element Resolution 52-25(B)
2 Business and Professional Offices” in the City’s General Plan; and WHEREAS, Site # DPP-14, DPP-17, DPP-24, DPP-25, DPP-29, and DPP44 are proposed to be designated “Downtown – General” in the City’s General Plan; and
WHEREAS, Housing Element Action 1.A (Downtown Precise Plan) and Action 1.D (Residential Zoning Districts and Land Use Designation) require the General Plan Amendments to be completed prior to May 31, 2026; and WHEREAS, state law requires consistency between the City’s General Plan and Zoning Ordinance; and
WHEREAS, the City complied with all applicable procedural, notice, and tribal consultation requirements in state law; and
WHEREAS, with the approval of Resolution 13-25 on March 18, 2025, the City Council certified a Revised Final Environmental Impact Report (“RFEIR”) for Plan Orinda, which analyzed the impacts of the 6th Cycle Housing Element, Downtown Precise Plan (rescinded), Safety Element update, and implementing actions. The zoning changes contained in Ordinance 25-05 and the following General Plan amendments, are within the scope of Plan Orinda and were fully evaluated in the related environmental review documents (together, “Program EIR”) adopted for Plan Orinda; and
WHEREAS, the Program EIR addresses all requirements of CEQA for the zoning changes contained in Ordinance 25-05 and the following General Plan amendments, including the analysis of significant impacts, cumulatively considerable contributions, and feasible mitigation measures of Plan Orinda; and WHEREAS, with the approval of Resolution 13-25 on March 18, 2025, the City Council also adopted California Environmental Quality Act (“CEQA”) findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program (“MMRP”) that includes all feasible mitigation measures identified in the Program EIR; and
WHEREAS, a Notice of Determination (NOD) was filed on March 20, 2025 with the Contra Costa County Clerk, in compliance CEQA, documenting that, with the approval of Resolution 13-25 on March 18, 2025, the City Council: (1) Certified the Plan Orinda RFEIR, which analyzed the impacts of the 6th Cycle Housing Element, Downtown Precise Plan (rescinded), Safety Element Update, and implementing actions, and concluded that the project would result in significant and unavoidable environmental effects; and (2) Adopted a Statement of Overriding Considerations and an MMRP based on the environmental impacts of the project as analyzed in the RFEIR; and
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Attachment: Draft Resolution 52-25(B) Amending the General Plan Land Use Chapter and General Plan Map (3711 : 6th Cycle Housing Element Resolution 52-25(B)
3 WHEREAS, the zoning changes contained in Ordinance 25-05 and the following General Plan amendments, do not have any environmental effects not already fully examined in the Program EIR, including in the RFEIR, or projectspecific significant effects peculiar to the project or the site that were not fully analyzed in the Program EIR, including potentially significant off-site or cumulative impacts; and
WHEREAS, the zoning changes contained in Ordinance 25-05 and the following General Plan amendments, are part of the project analyzed in the Program EIR and do not involve any changes in the project or project circumstances that might require revisions to the Program EIR, nor are there any substantial changes or other new information that might require revisions to the Program EIR; and WHEREAS, the zoning changes contained in Ordinance 25-05 and the following General Plan amendments, do not require any subsequent review or revisions to the Program EIR for the foregoing reasons; and WHEREAS, mitigation measures incorporated in the MMRP will be undertaken as described in the MMRP and will apply to any development under Plan Orinda, including any development of sites consistent with the zoning changes contained in Ordinance 25-05, which implement the following General Plan amendments; and
WHEREAS, the zoning changes contained in Ordinance 25-05 and the following General Plan amendments, implement the schedule of actions contained in the Orinda 6th Cycle Housing Element and do not allow for construction on natural and protected lands nor the development of a distribution center or oil and gas infrastructure, as defined in Public Resources Code section 21080.085; and WHEREAS, on August 12, 2025, the Planning Commission recommended that the City Council approve an ordinance amending portions of Title 17 of the Orinda Municipal Code and the Zoning Map as well as a resolution amending the General Plan Land Use Chapter and the General Plan Map; and
WHEREAS, on ____________, at a public hearing noticed consistent with state law, the City Council took testimony, discussed the issues, and considered all the written and oral evidence presented at the public hearing in making its decision.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda does hereby approve the attached amendments to the General Plan Land Use Chapter and amendments to the General Plan Land Use Map.
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Attachment: Draft Resolution 52-25(B) Amending the General Plan Land Use Chapter and General Plan Map (3711 : 6th Cycle Housing Element Resolution 52-25(B)
4 Adopted by the City Council of the City of Orinda at a regular meeting on __________ by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
__________________________________
Latika Malkani, Mayor
ATTEST:
__________________________________
Sheri Marie Smith, City Clerk
Exhibit A: Redline document showing changes to General Plan Land Use Chapter Exhibit B: General Plan Map Downtown Inset
1940824.2
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Attachment: Draft Resolution 52-25(B) Amending the General Plan Land Use Chapter and General Plan Map (3711 : 6th Cycle Housing Element
1. Modify the following paragraph within “2.1 Land Use Element”:
For consistency with the scale and nature of Orinda, the Downtownretail and office districts should have characteristics that can be described as "village character." This can be defined as a commercial area of relatively low densitymoderate average densities with a predominance of small-scale, low-lying buildings of varying architectural styles (generally not exceeding between two and four stories) fronting on streets or landscaped, plaza-like spaces.
2. Add the following two classifications to “2.1 Land Use Element: Land Use Classifications” (alphabetically):
Downtown – Core: This classification reflects the uses and development allowed within the Downtown – Community Business land use category, while additionally allowing mixed-use, multifamily residential development. The minimum residential density is 20 units per acre and the maximum densities range from 30 to 55 units per acre, as determined by zoning.
Downtown – General: This classification reflects the uses and development allowed within the Downtown – Business and Professional Offices land use categories, while additionally allowing mixed-use, multifamily residential development. The minimum residential density is 20 units per acre and the maximum density is 25 units per acre.
3. Modify the “Downtown” section within 2.1 Land Use Element:
The downtown area of Orinda is divided into four distinct areas:
1. 1) Multi-Family Residential,
2. Community Business area, which includes Downtown – , 2) Community Business and Downtown – Core, which isare predominantly retail, at the ground level and a variety of office, multifamily residential, and other uses at the upper levels,
3. 3) Business and Professional Office areas, which includes Downtown – Business and Professional Offices and Downtown – General, which are primarily office-only developments with some mixed-use office and residential developments, and
4. 4) Public and Semi-Public areas (see Figure 2).
The Community Business area should be predominantly retail at the ground floor. There is concern that vacant retail space has frequently been converted to office use. Although a limited amount of offices that meet the needs of local residents and businesses are acceptable, they should not displace retail stores and service space. Above the ground floor, professional offices are allowed in the Downtown – Community Business land use category, while multi-family residential is additionally allowed in these locations and within the portions of buildings not abutting or facing streets or primary pedestrian thoroughfares within the Downtown – Core land use category.
The Community Business area includes the block bounded by Moraga Way, Bryant Way, Camino Pablo and Brookwood Road, where the Crossroads Project is located. In return for the developer's restoration of the Orinda Theatre, a building of historic significance to the community, this project, which was approved prior to the adoption of this General Plan and is thus not subject to its constraints, will include more office space and a greater floor area ratio than would ordinarily be allowed in the
EXHIBIT A
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Attachment: Draft Resolution 52-25(B) Amending the General Plan Land Use Chapter and General Plan Map (3711 : 6th Cycle Housing Element Community Business area. It is also recognized that this project does not conform to the height limit and to the land use constraints contained in this Plan applicable to the rest of the Community Business area. The General Plan prohibits similar non-conforming uses in other locations in the Community Business area.
Business and Professional Office areas should also conform to the "village character" of the entire downtown area, and should provide office suites suitable for office uses supporting local community residents and businesses, rather than regional offices from the primarily local community and secondarily the Lamorinda region.
Both large retail commercial uses intended to serve regional markets and large office complexes serving broader regional or statewide needs are discouraged in the Community Business area.
Such uses would seriously alter the character of the downtown area and create unmanageable problems for an area already beset with severe parking and circulation problems.
With a stable trade area population and limited space to grow, (without adding large buildings that intrude on residential areas) both the Village and the Crossroads must rely on more efficient traffic circulation and parking as well as design improvements to attract increased business and a variety of retail shops.
4. Modify “2.1.3 Downtown: Guiding Policies”:
A. Enhance the "village character" of downtown. Large, highly visible parking lots characteristic of strip shopping centers are inconsistent with village character.
B. Favor retail services needed frequently by residents by limiting the amount of office space in predominantly retail areas. Office space in retail areas should serve Lamorinda uses and generally not exceed retail space on any one lot.
C. Limit development at the Orinda BART station to ground level and underground parking.
Encourage BART to develop additional ground level parking on off-site properties.
D. Maintain current boundaries between commercial/mixed-use areas and purely residential areas as indicated on the Downtown Inset General Plan map. The Plan does not envision any expansion of the land area designated for commercial or office use.
E. Allow for the development of mixed-use, high-density multifamily housing to accommodate a portion of the City’s Regional Housing Needs Allocation in accordance with the Housing Element.
EF. Make downtown shopping more attractive by diverting through traffic off local streets in the business district, providing more convenient circulation for shopping traffic, managing the parking supply more efficiently, creating safe and pleasant pedestrian routes, and developing and maintaining sufficient landscaping.
FG. Businesses that generate heavy traffic such as financial institutions should front arterial streets.
Small buildings should buffer adjoining residential areas.
GH. Develop a parking time limitation ordinance which encourages retail and commercial customers to use the Downtown areas.
HI. To the extent permitted by state law, sSite proximity to the BART terminal should not be used to justify a reduction in the standard requirement(s) for onsite parking, unless a Transportation System Management contract is made with the City.
EXHIBIT A
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Attachment: Draft Resolution 52-25(B) Amending the General Plan Land Use Chapter and General Plan Map (3711 : 6th Cycle Housing Element
5. Modify “2.1.4 Downtown: Implementing Policies”:
A. Enhance architectural compatibility in each sector of downtown by establishing design districts that provide guidelines and a review process for site layouts, architectural design, alterations, landscaping, and signs. Sloping roofs are encouraged on new buildings in districts where such features are common.
B. Require planting and maintenance of trees and other plant material throughout downtown, according to a comprehensive landscape plan.
C. Enact regulations that will ensurefavor small-scale, low-lying buildings by limiting height to 3545 feet (generally not more than twofour stories) and total floor area to a limited percent of lot area.
D. Enact regulations to ensure that existing and new ground-floor spaces in retail shopping areas are predominantly occupied by retail or specified service uses, including those within groundfloor spaces converted from offices.that will ensure retail or specified service occupancy of space within the retail shopping area now occupied by those uses, by all new ground-floor space, and by all office uses which convert to retail.
E. Enact regulations that will ensure that the ground levels of the central business area will be predominantly retail and whichthat permit only a limited amount of offices that favor local use needs.
F. Develop a beautification plan for downtown to enhance the visual quality of the streetscape and creek area, including guidelines for public improvements such as landscaping, tree grate design, outdoor lighting, tree planting, and street furniture.
G. Enable Ppublic parking structures areas a permitted land use in the downtown provided that they are adequately screened from public view.
H. Regulate on-street parking to maintain space availability for shoppers, and continue to study means of adding to the parking supply.
I. Study the possible extension of Orinda Way under Highway 24 to link with Moraga Way for the purpose of reconnecting local vehicular and pedestrian traffic between Crossroads and Village areas.
J. Develop Objective Design Standards for the regulation of mixed-use, multi-family residential development in applicable land use categories.
Village Area Development
JK. In cooperation with the merchants and property owners, develop a plan for Orinda Way that will consolidate driveways, include a landscaped street median if feasible, and enrich the street's landscape character.
KL. Encourage property owners to make more intensive use of the San Pablo Creek sides of their buildings by designating a ''private street" with public access parallel to the creek that would provide an alternative connection for shoppers who must now turn on and off Orinda Way and/or enhance and preserve San Pablo Creek with landscaping, pathways and other pedestrian amenities, consistent with its primary purpose as flood control.
LM. Seek to obtain right-of-way and provide a public cross street connecting Orinda Way and Camino Pablo between Black's and Vintage House.
EXHIBIT A
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Attachment: Draft Resolution 52-25(B) Amending the General Plan Land Use Chapter and General Plan Map (3711 : 6th Cycle Housing Element Crossroads Area Development
MN. Study traffic improvement projects indicated on the Downtown Inset General Plan map as priority study items.
NO. Improve the intersection of Camino Pablo and Moraga Way.
OP. Develop a master plan for traffic circulation in the Crossroads area.
PQ. Pursue formation of a parking assessment district.
Gateway Valley
This narrow valley, separated from the developed community by 300 foot-high hills, is Orinda's last major undeveloped area. The Gateway Interchange on Highway 24 was built when Caltrans proposed a freeway extending south to connect with an east-west freeway in Moraga. Both routes have been deleted from the State's plan, but some state-owned right-of-way remains adjoining South Orinda.
6. Modify the following guiding policy within “2.3.1 Circulation: Guiding Policies” D. Develop plans to efficiently manage the existing inventory of parking spaces in and adjacent to the business district the Downtown.
EXHIBIT A
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Attachment: Draft Resolution 52-25(B) Amending the General Plan Land Use Chapter and General Plan Map (3711 : 6th Cycle Housing Element Orinda Way
Moraga
Way
Brookwood Rd
Camino Pablo
Altarinda
Rd
Under hill Rd
Camino Pablo
Bates Blvd
Davis Rd
Camino
Sobrante
Rio
Vista
Village
Gate
Rd
Santa
Maria Way
Camino
Encinas
Orinda Woods
Dr
Northwood
Dr
Byrant Way
Muth Dr
Hazel Tree
Rdg
Morello Pl
Irwin Wa
Wa tchwood Rd
Wild Plum Way
Vashell Way
Southwood Dr
Camino Pablo
Ravenhill Rd
The Knl
MiraL oma Rd
Jack Tree Knl
Overhill Rd
La Pla zaDr
The G lade
Avenida de Orinda
Camino
Pablo
NB
μ
Land Use Classifications
Residential: Multi-Family
Community Business
Business and Professional Office
Parks and Recreation
Public and Semipublic
Downtown Core
Downtown General
0 375 750 1,500 Feet
FIGURE 2A: DOWNTOWN INSET
City of Orinda General Plan
Land Use Classifications
EXHIBIT B
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Attachment: Draft Resolution 52
25(B) Amending the General Plan Land Use Chapter and General Plan Map (3711 : 6th Cycle Housing Element
BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of: Ordinance 25-05
An Ordinance Amending Title 17 of the
Orinda Municipal Code (Zoning) and
Amending the Zoning Map for 26 Downtown
Sites Identified in the 6th Cycle Housing
Element Sites Inventory.
The City Council of the City of Orinda DOES ORDAIN as follows:
SECTION 1.
The City Council of the City of Orinda intends, by adopting this ordinance, to amend certain zoning regulations in Title 17 of the Orinda Municipal Code (Zoning). These changes are intended to make the City’s Zoning Code consistent with the adopted 6th Cycle Housing Element of the City’s General Plan and to comply with State and Federal law. The changes include the creation of three new districts: “DCOR-30”, “DCOR-55”, and “DG” zoning districts, as well as new objective design standards for the three zoning districts. This ordinance also amends the City’s Zoning Map to apply the new “DCOR” and “DG” zoning districts to 26 downtown sites identified in the 6th Cycle Housing Element.
SECTION 2.
The following portions of the Zoning Code are amended and added as specified below and in Attachment A. Attachment A shows additions with double-underlined text and deletions with strike-out text.
Municipal Code Provision Action as shown in Attachment A §17.1.8 Text amended
§17.1.10 Text amended
Chapter 17.8 Text amended; sections 17.8.11 to 17.8.17 added §17.30.3 Text amended
§17.30.10 Text amended
SECTION 3.
The Zoning Map is amended as shown in Attachment C to apply the “DCOR-30,” “DCOR-55,” and “DG” zoning to 26 sites located within downtown and identified as Downtown Precise Plan sites in the 6th Cycle Housing Element. “DCOR-30” zoning applied to the following sites:
A. Vashell Way (268-142-008)
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Attachment: Draft Ordinance 25-05 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 26 Downtown
B. 1 Orinda Way (265-170-034)
C. 19 Orinda Way (265-170-009)
D. 21 Orinda Way (265-170-014)
E. 25 Orinda Way (265-170-038)
F. 25 Orinda Way (265-170-040)
G. 27 Orinda Way (265-170-005)
H. 31 Orinda Way (265-170-022)
“DCOR-55” zoning applied to the following sites:
I. Avenida de Orinda (265-012-002)
J. Brookwood Road (273-021-002)
K. 10 Avenida de Orinda (265-011-008)
L. 20 Avenida de Orinda (265-011-007)
M. 23 Avenida de Orinda (265-012-007)
N. 50 Moraga Way (273-021-004)
O. 6 Camino Pablo (273-021-005)
P. 61 Orinda Way (265-012-010)
Q. 63 Orinda Way (265-012-012)
R. 64 Moraga Way (273-021-003)
S. 79 Orinda Way (265-011-002)
T. 80 Moraga Way (273-021-009)
“DG” zoning applied to the following sites:
1. 112 Camino Pablo (262-290-006)
2. 15 Altarinda Road (260-192-002)
3. 4 Orinda Way (260-191-006)
4. 5 Santa Maria Way (260-192-009)
5. 89 Davis Road (268-141-020)
6. 9 Altarinda Road (260-192-004)
SECTION 4.
Design and development standards for the DCOR-30, DCOR-55, and DG zoning districts are set forth in the Objective Design Standards for Multifamily Residential Housing in the Downtown Core and Downtown General Zoning Districts (“Objective Design Standards”), dated September 16, 2025. The adoption of these standards is hereby found to be necessary to ensure that future downtown residential development, particularly projects subject only to ministerial review pursuant to state housing laws, reflects the desired character, scale, and design quality of the Downtown area and is consistent with the community’s vision for a well-designed and vibrant urban environment. These Objective Design Standards establish clear and measurable criteria to guide the form and appearance of qualifying residential development in a manner that supports compatibility with surrounding uses while complying with applicable state requirements for streamlined project approval.
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Attachment: Draft Ordinance 25-05 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 26 Downtown
SECTION 5.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance irrespective of the invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.
SECTION 6.
This ordinance is consistent with the Orinda General Plan, including the relevant development densities described in the Housing Element. This ordinance is necessary to implement the Orinda Housing Element and is part of Plan Orinda.
SECTION 7.
The City Council finds that this ordinance is necessary to implement the Orinda Housing Element, which is part of Plan Orinda, and not subject to any requirement for additional review under the California Environmental Quality Act (“CEQA”). On March 18, 2025, the City Council adopted the Revised Final Environmental Impact Report (“RFEIR”) for Plan Orinda via Resolution No. 13-25. The zoning changes contained in this ordinance are within the scope of Plan Orinda and were fully evaluated in the related environmental review documents (together, “Program EIR”) adopted for Plan Orinda. 14 Cal. Code Regs (“CCR”) §§ 15163, 15168. The Program EIR addresses all requirements of CEQA for this ordinance, including the analysis of significant impacts, cumulatively considerable contributions, and feasible mitigation measures of Plan Orinda. On March 18, 2025, the Council also adopted Resolution No. 13-25 containing CEQA findings and a statement of overriding considerations for the Orinda Housing Element based on substantial evidence. Id. § 15183.
The zoning changes contained in this ordinance do not have any environmental effects not already fully examined in the Program EIR, including in the RFEIR (id. § 15168) or project-specific significant effects peculiar to the project or the site that were not fully analyzed in the Program EIR, including potentially significant off-site or cumulative impacts (id. § 15183). Consequently, the zoning changes contained in this ordinance do not require any subsequent review or revisions to the Program EIR. The zoning changes contained in this ordinance are part of the project analyzed in the Program EIR and do not involve any changes in the project or project circumstances that might require revisions to the Program EIR. Id. § 15162; Pub. Res. Code § 21166. Additionally, there are no substantial changes or new information that might require revisions to the Program EIR. 14 CCR §§ 15168, 15183.
All feasible mitigation identified in the Program EIR has been incorporated in the adopted Mitigation Monitoring and Reporting Program (“MMRP”) via Resolution No. 13-
25. These mitigation measures will apply to any development under Plan Orinda, including any development of sites consistent with the zoning changes contained in this ordinance. Id. §§ 15168, 15183. These mitigation measures will be undertaken as described in the MMRP.
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Attachment: Draft Ordinance 25-05 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 26 Downtown
This ordinance is also exempt from CEQA because it contains rezonings that implement the schedule of actions in Plan Orinda, as part of the Orinda Housing Element, and does not allow for construction of a distribution center, oil and gas infrastructure, or any development on natural and protected lands. Public Resources Code § 21080.085.
SECTION 8.
This ordinance becomes effective thirty (30) days after adoption.
SECTION 9.
The City Clerk shall either (a) have this ordinance published once within fifteen (15) days after adoption in a newspaper of general circulation, or (b) have a summary of this ordinance published twice in a newspaper of general circulation, once five (5) days before its adoption and again within fifteen (15) days after adoption.
Following a duly-noticed public hearing, the foregoing ordinance was introduced at a meeting of the City Council of the City of Orinda held on _ ____ and was adopted and ordered published at a regular meeting held on _______ by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Latika Malkani, Mayor
ATTEST:
Sheri Marie Smith, City Clerk
Attachment A: OMC Title 17 Text Amendments
Attachment B: Zoning Map Exhibit: Downtown Orinda Sites Rezoned to DCOR-30, DCOR-55, and DG
1940828.2
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Attachment: Draft Ordinance 25-05 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 26 Downtown
1. Municipal Code section 17.1.8 table is amended to add the following base zoning districts (after “DO” and before “PS”):
Base District Designator Base District Name Chapter
DCOR Downtown Core District 8
DG Downtown General District 8
2. Municipal Code section 17.1.10 is amended as follows:
17.1.10 - References to classes of base districts.
A reference to an R district refers to all residential districts and a reference to a D district refers to both any downtown district identified in Chapter 17.8.
3. Municipal Code Chapter 17.8 is amended as follows:
Chapter 17.8 DOWNTOWN DISTRICTS
17.8.1 Intent.
In addition to the general purposes listed in Chapter 17.1, the specific purposes of the downtown district regulations are to:
A. Create every opportunity for the downtown area to function as a vital, thriving yet traditional Main Street area, serving local needs and providing for specialty retail activities, consistent with the general plan;
B. Create a vibrant community center by encouraging a variety of businesses which will create pedestrian interaction and pedestrian-scale activities. Emphasize uses which involve pedestrian spaces, including outdoor dining, garden settings, walkways and seating areas; C. Encourage areas of distinctive character by identifying preferred uses and development standards unique to these locations;
D. Regulate development so as to achieve a vibrant community center over time. All development, including incremental development, small building additions or increases in intensity of existing land uses, shall be consistent with this goal;
E. Establish incentives, such as additional building height, higher floor area or broader range of permitted uses to help achieve a vibrant community center;
F. Discourage and eventually terminate nonconforming office uses in retail spaces; G. Establish development standards which define desired character, but which allow and encourage flexibility in how this character is to be achieved, including standards involving building heights, setbacks, site planning, building bulk/mass, landscaping, parking, lighting and architecture, as presented in the downtown design guidelines;
H. Protect adjoining residential areas from inappropriate or disruptive commercial or office activities; I. Encourage parking solutions which will serve long-term needs and will minimize the adverse effects of parking, traffic and circulation on the function and viability of downtown;
ATTACHMENT A
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Attachment: Draft Ordinance 25-05 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 26 Downtown J. Encourage activities and development which will showcase the creek, where possible, for low-intensity pedestrian-oriented activities and strolling;
K. Provide for multifamily housing, including affordable housing, in downtown areas, consistent with the housing element of the general plan.
17.8.2 Definitions of retail floor and mixed-use.
A "retail floor" for purposes of this Chapter 17.8 is a floor in a building in the downtown commercial district which meets one or more of the following definitions:
A. A floor with an entrance at street level or an entrance from a mall, plaza or parking lot at any level; B. The first floor of Theatre Square;
C. A floor which is likely to serve retail customers by encouraging pedestrian traffic and interaction and pedestrian-scale activities, considering all relevant factors, including but not limited to easy access and visibility.
A. "Mixed-use” means a combination of different uses, including at least one residential use, on a single site.
Specifically, a site may be:
1. “Vertical mixed-use,” which combines different uses within a single building; and/or
2. “Horizontal mixed-use,” which combines multiple buildings with different uses on a single site.
B. “Retail floor” means a floor in a building in the downtown commercial district or the downtown core district that meets one or more of the following definitions:
1. A floor with an entrance at street level or an entrance from a mall, plaza or parking lot at any level;
2. The first floor of Theatre Square; or
3. A floor that is likely to serve retail customers by encouraging pedestrian traffic and interaction and pedestrian-scale activities, considering all relevant factors, including but not limited to easy access and visibility.
17.8.3 Downtown commercial district—Description.
The downtown commercial district ("DC district") provides sites in downtown Orinda for retail shopping at ground level. Development standards are intended to enhance the "village character" of the downtown.
17.8.4 Downtown commercial district—Uses permitted.
Retail and office uses are allowed in the downtown commercial district as set forth in this chapter.
Temporary uses are allowed with a temporary use permit under Chapter 17.37. Government offices and facilities are allowed with a general use permit under Chapter 17.31. Multifamily dwellings are allowed with a general use permit under Chapter 17.31, provided they are built at a density that does not exceed 10 units per acre and are part of a mixed- use development. All other uses are prohibited.
17.8.5 Downtown commercial district—Use restrictions.
In the downtown commercial district, certain uses are permitted, permitted with a use permit, or prohibited in certain locations as follows.
A. ClassificationTypes of Interior Spaces. There are three classes types of interior commercial space in the downtown commercial district:
1. Type I Space. Type I space is a retail floor in a building or a portion of a building whichthat:
a. Faces or abuts a street or street segment listed below; or b. Faces a mall, plaza or parking lot which faces or abuts a street or street segment listed below.
ATTACHMENT A
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Attachment: Draft Ordinance 25-05 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 26 Downtown Type I space excludes a retail floor in a building whichthat meets the criteria listed in subsections A.1.a. or A.1.b. of this section, solely because of driveway access to such a street or street segment.
Type I spaces areis located on the following streets and street segments within the downtown commercial and downtown core zoning districts: Orinda Way; Avenida De Orinda (both sides of the eastern half and the north side of the western half); Camino Sobrante; Santa Maria Way; Moraga Way; Bryant Way (between Moraga Way and Davis Road); Brookwood Road (between Moraga Way and Camino Pablo except for the unit near the garage entrance in the Theatre Square Complex); Camino Pablo (east side between Highway 24 and Moraga Way).
2. Type II Space. Type II space is a retail floor whichthat is not in a building or a portion of a building whichthat faces or abuts any of the streets and street segments listed in subsection A of this section, or a building or portion of a building whichthat faces or abuts a mall, plaza, or unenclosed parking lot facing or abutting any of the streets and street segments listed above. Examples include but are not limited to the rear side of buildings along the west side of Orinda Way, Camino Pablo's west side south of Brookwood Road, and Brookwood Road west of Camino Pablo.
3. Type III Space. Type III space is any other space in the downtown commercial and downtown core zoning districts.
ATTACHMENT A
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Attachment: Draft Ordinance 25-05 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 26 Downtown Section 17.8.5 Graphics
Graphics within this section demonstrate Type I and Type II spaces within the existing built environment of Downtown Orinda as of August 12, 2025.
Section 17.8.5 Graphics
ATTACHMENT A
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Attachment: Draft Ordinance 25-05 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 26 Downtown
ATTACHMENT A
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Attachment: Draft Ordinance 25-05 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 26 Downtown
17.8.5 Downtown Space Utilization Map: “The Village”
ATTACHMENT A
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Attachment: Draft Ordinance 25-05 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 26 Downtown
ATTACHMENT A
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Attachment: Draft Ordinance 25-05 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 26 Downtown
17.8.5 Downtown Space Utilization Map: “The Crossroads” B. Classification of Commercial Uses. There are three general classes of uses permitted in the downtown commercial district.
1. Class A Uses. Retail sales and restaurants, restaurants with take-out*, and restaurants with outdoor dinning* (Class A uses);
* Take-out restaurants and outdoor dining are subject to additional regulations set forth in subsection I of this section.
2. Class B Uses. Personal care, personal development services (excluding health care), and business and automotive services, including service stations, if the use will tend to create substantial pedestrian interaction with surrounding businesses (including but not limited to beauty parlors, barber shops,
ATTACHMENT A
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Attachment: Draft Ordinance 25-05 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 26 Downtown fitness centers, dry cleaners, travel agenciesy, dance, music, and martial arts studios), and retail financial institutions such as banks, savings and loans, credit unions, and free-standing automatic teller machines (Class B uses); and
3. Class C Uses. Office uses compatible with a village atmosphere such as medical and professional offices, real estate sales, and financing (Class C uses).
C. Uses Not Requiring a Commercial Use Permit. Except as otherwise provided in subsection G of this section, in all spaces, Class A uses are allowed without a commercial use permit. Class B uses are allowed without a commercial permit in Type II and III spaces; and Class C uses are allowed without a commercial use permit in Type III spaces. Where a single space has multiple frontages whichthat, considered separately, would be classed as more than one space type, the entire space is subject to the rules applicable to the higher type, e.g., Type I rather than Type II. Where a single space is proposed to be divided into more than one space, creating one or more new and less-restrictive spaces, a commercial use permit is required.
D. Commercial Use Permit Requirement.
1. Class B Uses. A use permit under Chapter 17.36 is required for a Type B use in a Type I ground floor space.
2. Class C Uses. A use permit under Chapter 17.36 is required for a Class C use in Type II spaces. A Class C use is prohibited in Type I space.
3. Other Uses. Certain uses described in subsection G of this section require a use permit under Chapter
17.36. 4. Extended Hours. A commercial use permit is required for any use which operates before five a.m. or after eleven p.m.
E. Use Prohibition. All uses not specifically permitted in this Chapter 17.8 are prohibited in the downtown commercial district.
F. Space Utilization Chart. The following chart illustrates the provisions of Sections 17.8.5C. and D.
Type I
Prime Ground Floor
Type II
Secondary Ground Floor
Type III
Other Than Ground Floor
Throughout the DC District
"I" "II" "III"
Class "A"
Uses
allowed allowed allowed
Class "B"
Uses
allowed with use permit allowed allowed
Class "C"
Uses
not allowed allowed with use permit allowed
G. Supplemental Restrictions for Specific Uses. The following specific uses are also permitted in the downtown commercial district, subject to the contents of the chart above and subject to obtaining a commercial use permit under Chapter 17.36. Those uses marked by an asterisk are subject to additional regulations set forth in Section 17.8.5H.:
1. Adult business;*
2. Animal sales and services;
3. Bar and tavern;
4. Commercial recreation and entertainment;
5. Convenience market;
ATTACHMENT A
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Attachment: Draft Ordinance 25-05 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 26 Downtown
6. Convenience market at a service station;*
7. Farmer's market;
8. Game center;*
9. Liquor store;
10. Live entertainment;*
11. Maintenance and repair services;
12. Outdoor sales;*
13. Service stations;*
14. Vehicle sales and services;
15. Visitor accommodations;
16. Ancillary retail uses.*
* Uses marked by an asterisk in subsection G. of this section are subject to additional regulations set forth in subsection H. of this section.
H. Supplemental Restrictions for Specific Uses. The following uses are permitted in the downtown commercial district subject to particular restrictions for such uses as described below and subject to obtaining a commercial use permit under Chapter 17.36.
1. Adult Businesses.
a. Purpose.
i. In adopting these provisions, the City Council recognizes that certain types of adult businesses possess certain objectionable operational characteristics which, if such uses are allowed to concentrate, will have adverse effects upon the character of such areas and adjacent neighborhoods. The City Council further recognizes that locating adult businesses in close proximity to establishments frequented by minors will cause the exposure of minors to adult material that may adversely affect such minors due to their immaturity.
Additionally, the City Council recognizes that, while certain adult entertainment enjoys limited protection under the First Amendment to the United States Constitution, substantial numbers of citizens of the city are offended by the public display of sexuallyoriented material. ii. Special and limited regulation of adult businesses, consistent with the First Amendment rights of such uses, is therefore necessary. This will ensure that the adverse effects of adult businesses will not contribute to the blighting or downgrading of the DC district in which they are permitted and the downgrading of surrounding neighborhoods; will not adversely affect minors; and will not offend those citizens of the city who do not wish to be exposed to sexually-oriented material.
b. Location of Adult Businesses. No adult businesses, including adult bookstores, adult movie theaters, and massage establishments, shall be located:
i. Within four hundred (400) feet of any R district;
ii. Within three hundred (300) feet of the boundaries of a parcel of a real property site occupied by a public or private school, a religious assembly facility that conducts religious education classes for minors, or a park and recreation facility; iii. Within six hundred (600) feet of any other adult business; or iv. On the ground level of a building.
ATTACHMENT A
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Attachment: Draft Ordinance 25-05 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 26 Downtown c. Public Display of Certain Matter Prohibited. No business shall display or exhibit any material depicting private anatomical areas or sexual activities in such a way as to be visible by persons outside the building in which the adult business is located.
2. Convenience Market at a Service Station.
a. The area for nonautomotive retail sales within a service station shall be completely enclosed and no larger than forty (40) square feet.
b. A service station convenience market shall not be within the immediate vicinity of a church or hospital or within six hundred (600) feet or less of a school, public playground or nonprofit youth facility, as measured pursuant to the rules of the Department of Alcoholic Beverages. c. No variance may be granted for the requirements in subsections (H)(2)(a) and (H)(2)(b) of this section.
3. Game Centers. The following supplemental regulations shall apply to the operation of game centers, including mechanical or electronic games or any other similar machine or device. a. Purpose. The intent of these regulations is to control the location and hours of operation of game centers so as not to allow school children to play the games during school hours nor to encourage minors to congregate in areas close to commercial establishments that sell alcoholic beverages.
b. Permit Required. A commercial use permit shall be required to install, operate or maintain four or more mechanical or electronic games. The permit is valid only for the number of games specified; the installation or use of additional games requires a new or amended permit. The permit shall be permanently and conspicuously displayed. c. Duration and Renewal of Permit. Initially, the permit shall be valid only for one year. Thereafter, the Community Development Director may renew the permit for periods of not more than two years. The procedure for renewal is the same as that for the initial application, and the same factors considered for the initial application shall be considered for the renewal. d. Adult Manager. At least one adult manager shall be on the premises during the time a game center is open to the public.
e. Hours of Operation for Minors Under Eighteen Years of Age. No game center owners, manager or employees shall allow a minor under eighteen (18) years of age to play a mechanical or electronic game machine during the hours of public schools in the district in which the center is located are in session, or after nine p.m. on nights preceding school days, or after ten p.m. on any night. It is the responsibility of the owner or manager of the game center to obtain a current schedule of school days and hours.
f. Locational Criteria. A game center shall not be permitted within three hundred (300) feet of a public or private school site or the boundary of an R district, or within five hundred (500) feet of a liquor store, a cocktail lounge, tavern or bar. The distance shall be measured in a straight line from the main public entrance to the game center to the property line of the school site, the district boundary, or the main public entrance of the liquor store or cocktail lounge, as the case may be.
g. Restrictions. The Planning Commission may impose reasonable restrictions on the physical design, location, and operation of a game center in order to minimize the effects of noise, congregation, parking, and other nuisance factors that may be detrimental to the public health, safety and welfare of the surrounding community.
4. Live Entertainment. The following regulations shall apply to any use offering scheduled live entertainment, as defined, more than three times per calendar year:
a. Exits not limited to emergency use only shall not be opposite an R district adjoining the site.
ATTACHMENT A
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Attachment: Draft Ordinance 25-05 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 26 Downtown b. A use permit shall establish conditions ensuring that no litter problem will exist. c. A use permit for live entertainment shall apply only to the type of entertainment approved, and a different type of entertainment shall require approval of a new use permit. d. A noise analysis specifying areas affected and sound proofing or other mitigation that will be employed to eliminate excessive noise exposure on adjacent property shall be submitted with a use permit application.
5. Outdoor Sales. Outdoor sales specified in subsection (H)(5) of this section are allowed with a commercial use permit.
a. Permanent outdoor storage and display of merchandise, materials or equipment, including display of merchandise, materials and equipment for customer pick-up;
6. Service Station.
a. All repair work shall be conducted within a building. No outside storage of parts, equipment or vehicles which have been damaged or dismantled completely or partially, is permitted. b. Activities permitted in a service station include tire sales, installation of mufflers, exhaust and suspension systems, electronic tune-ups, oil/lubrication and filter replacement, wheel alignment, tire rotation and balancing, battery installation or charging, hose replacement, belt replacement, carburetor adjustment, installation and repair of brakes, auto radio and electronics installation and service, alarm installation, or air conditioning or heater service. c. Activities prohibited in a service station include other major repair activities such as engine overhauls involving body and fender work, painting and undercoating.
7. Ancillary Retail Use. An ancillary retail use is permitted in the downtown commercial district if a noticed hearing is held under Chapter 17.42 in conjunction with the application for a commercial use permit and findings of fact are made to support each of the following criteria:
a. The existence of the ancillary retail use will not significantly and adversely alter the impact and the character of the primary retail use,
b. The ancillary use will not adversely affect the use of more than twenty (20) percent of the existing floor area,
c. The ancillary use will not create a significant adverse impact on parking and pedestrian and vehicular traffic,
d. The ancillary use will not adversely impact any of the policies set forth in Section 17.8.1.
I. Additional Regulation for Uses Not Requiring a Commercial Use Permit.
1. Outdoor Dining. Outdoor dining is allowed with an outdoor dining permit. a. The following regulations apply to all outdoor dining permit applications:
i. The operator shall furnish tables, chairs, umbrellas, and portable heaters (outdoor dining furniture) as necessary.
ii. Outdoor dining furniture shall not be secured to public streetlights, trees, or other furniture.
iii. No outdoor dining furniture may be located at a street intersection within a triangular area formed by the street curb lines and their projections and a line connecting them at points forty (40) feet from the intersection of the projected curb lines. In cases where curbs do not exist, the edge of street pavement shall be used for measuring purposes. iv. Outdoor dining furniture shall meet the following standards:
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Attachment: Draft Ordinance 25-05 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 26 Downtown (A) Tables and chairs shall be made of a safe, sturdy, durable material such as wrought iron, wood, steel, or cast aluminum.
(B) No plastic tables or chairs and no vinyl tablecloths are permitted. (C) All tables and chairs shall be commercial grade and manufactured for outdoor commercial use.
(D) Tables shall be square, rectangular or round to seat two to four people. (E) All furniture shall be properly maintained and cleaned regularly. v. No umbrella signage is permitted.
vi. At least seven feet ground clearance shall be provided under umbrellas. vii. If portable heaters are used, they shall be located a minimum of two feet from the pedestrian zone.
viii. The outdoor dining area shall be maintained in a clean and safe condition at all times. ix. All Americans with Disabilities Act (ADA) requirements shall be met. b. The following regulations apply to applications for outdoor dining located in the public right-ofway:
i. All requirements of subsections I.1. of this section must be met; ii. Approval of a revocable encroachment permit per Chapter 12.08 must be obtained; iii. Furniture must be located immediately in front of the business it serves or shall have the consent of the businesses in which the outdoor dining area is abutting; iv. Tables shall be fastened to the ground, in a manner acceptable to the City Engineer; v. Outdoor dining furniture, except for the tables, shall not be left in the public right-of-way during non-business hours;
vi. Outdoor dining areas shall remain on the same side of the pedestrian zone along public sidewalks not wide enough to accommodate outdoor dining areas on both sides of the pedestrian zone unless there is a ten-foot separation between dining areas; vii. A two-foot vehicle buffer zone between the curb and the outdoor dining area or the pedestrian zone shall be maintained.
viii. A minimum pedestrian zone of four feet and six inches shall be maintained. ix. Outdoor dining areas shall not cause the pedestrian zone to encroach into the radius of a door swing.
x. Outdoor dining furniture shall not encroach into the vehicle buffer zone or the pedestrian zone.
2. Take-out restaurants are allowed with a take-out restaurant permit. a. The following regulations apply to all take-out restaurant permit applications. i. Identifiable containers and napkins shall be used for all carry-out food, and all litter resulting shall be promptly removed.
ii. A trash receptacle shall be provided near each public restaurant exit unless there is an existing trash receptacle within twenty-five (25) feet of each exit. If in the public right-ofway, the type of trash receptacle shall be subject to approval by the Public Works Department.
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Attachment: Draft Ordinance 25-05 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 26 Downtown iii. The business owner shall keep the area in front of the restaurant clean and litter free and ensure that the trash receptacle does not overflow. In the event that receptacles in the public right-of-way overflow and are emptied by the city, the applicant shall be charged the cost of emptying the receptacle.
iv. The applicant must provide documentation showing that the requirements for off-street parking in Section 17.16.4 of the Orinda Municipal Code are met. v. Walk-up service is allowed, provided access is not directly to the public right-of-way. vi. A restaurant which offers food and beverages, or either one, for sale to a customer in a motor vehicle for consumption off-site is prohibited.
J. Prohibition of Specified Uses.
1. Commercial Marijuana Land Uses. Commercial marijuana land uses are a prohibited use in the downtown commercial district.
2. Outdoor Marijuana Cultivation. The outdoor cultivation of marijuana is a prohibited use in the downtown commercial district.
17.8.6 Downtown commercial district—Property development standards.
The following Schedule 17.8.6, entitled "DC District—Property Development Standards" prescribes minimum lot dimensions and property development regulations for the downtown commercial (DC) district. New construction, additions and replacement construction (excluding tenant improvements) in the DC district shall require a use permit under Chapter 17.36, to assure compliance with the intent of Section 17.8.1.
Schedule 17.8.6
DC District—Property Development Standards
Minimum Lot Area (square feet) 10,000
Minimum Lot Width and Depth (feet) 80
Minimum Yards:
Front (feet) 10
Side (feet) 10
Corner Side (feet) 10
Rear (feet) 10
Maximum Height of Structures (feet) 35
Maximum Site Landscaping (percent) 20
Minimum Lot Coverage (percent) 50
Maximum Stories 2 ½
17.8.7 Downtown office district—Description.
In addition to the general purposes set forth in Chapter 17.1 and at the beginning of this chapter, the specific purpose of the downtown office district ("DO district") is to provide sites for professional uses that offer services primarily to the needs of Orinda residents and visitors and for businesses at appropriate locations, consistent with the general plan and subject to development standards that ensure consistency with adjoining land uses.
17.8.8 Downtown office district—Use restrictions.
A. Uses By Right—No Use Permit Required. Offices for all forms of business, for the services of licensed professionals, and for government offices and facilities are permitted in the DO district without a use permit.
Limited manufacturing is permitted as an ancillary use in medical and dental practices.
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Attachment: Draft Ordinance 25-05 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 26 Downtown B. Temporary Uses. A temporary use is permitted in the DO district if a temporary use permit is obtained under Chapter 17.37.
C. Permit RequirementRequired. The following uses are allowed in the DO district if a general use permit is obtained under Chapter 17.31: Clubs and other private associations, educational facilities, residential congregate care for elders, convalescent facilities, and day care.
D. Other Uses Prohibited. All uses not specifically permitted in this zoning district are prohibited.
E. Prohibition of Specified Uses.
1. Commercial Marijuana Land Uses. Commercial marijuana land uses are a prohibited use in the downtown office district.
2. Outdoor Marijuana Cultivation. The outdoor cultivation of marijuana is a prohibited use in the downtown office district.
17.8.9 Downtown office district—Property development standards.
The following Schedule 17.8.9, entitled "DO District—Property Development Standards" prescribes minimum lot dimensions and property development regulations for the downtown office (DO) district.
Schedule 17.8.9
DO District—Property Development Standards
Minimum Lot Area (square feet) 15,000
Minimum Lot Width (feet) 100
Minimum Yards:
Front (feet) 20
Side (feet) 10
Corner Side (feet) 15
Rear (feet) 10
Maximum Height of Structures (feet) 35
Maximum Lot Coverage (percent) 40
Minimum Site Landscaping (percent) 20
Maximum Stories 2 ½
17.8.10 Both All downtown districts—Additional property development standards.
A. Planting Areas. Visible yards not used for parking shall have a three-foot planting strip adjoining an interior property line within fifty (50) feet of a street property line. Front and corner side yards that are not used for drives or walks shall be planting area. Perimeter planting strips around parking lots shall be five feet wide, and ten percent of the interior of parking lots shall be landscaped. See Chapter 17.17 for general landscaping requirements.
B. Location of Parking. No parking shall be allowed in a front or corner side setback area unless the Planning Commission, as part of development plan approval, determines that no alternate location is feasible, parking lot landscaping will provide adequate screening, and the site plan and design conforms to the downtown design guidelines.
C. Accessory Structures.
1. Timing. Nonresidential accessory structures are prohibited prior to the start of construction of a principal structure on a site, except that construction trailers may be placed on a site at the time site clearance and grading begins. Construction trailers may remain on the site only for the duration of construction.
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Attachment: Draft Ordinance 25-05 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 26 Downtown
2. Location. Except as provided in this subsection, nonresidential accessory structures shall not occupy a required front or corner side yard, or project beyond the front building line of the principal structure on a site. No accessory uses shall be permitted off-site.
3. Maximum Height. The maximum height of a nonresidential accessory structure shall be twelve (12) feet, subject to the provisions of this subsection; provided, that pitched roofs shall not exceed a height of sixteen (16) feet.
4. Relation to Property Lines. A nonresidential accessory structure in a required rear yard shall be located on a property line or shall be not less than three feet from a property line. A structure on a property line shall not exceed six feet in height at the property line and shall not intercept an inclined daylight plane sloping inward from a point six feet above the property line and rising one foot for each foot of distance for the property line.
5. Garages on an Alley. Garages facing an alley shall be set back twenty-five (25) feet from the alley centerline; garages siding on an alley shall be set back fifteen (15) feet from the alley centerline.
D. Fences and Retaining Walls. No fence shall exceed six feet in height. The combined height of a retaining wall and a separate fence on a property line shall not exceed eight feet unless the fence is set back from the retaining wall a minimum of half the distance of the required setback but no more than five feet. However, if the fence is on one property and the retaining wall on the abutting property, the maximum fence height is six feet regardless of the retaining wall height.
E. Walk-up Facilities. In order to maintain free flow of pedestrian circulation, walk-up facilities, including window service and bank ATM machines, shall be set back at least three feet from the property line and shall be wheelchair accessible at all locations. Where a vehicular circulation area or parking area separates the building from the property line, the walk-up facility shall be located so that it does not impede pedestrian circulation or create conflicts between pedestrian and vehicular circulation flows. A walk-up facility that does not conform to these requirements may only be permitted upon approval of a use permit.
F. Mechanical Equipment.
1. General Requirement. Exterior mechanical equipment (except solar collectors) and operating mechanical equipment must be screened from off-site views. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing line, ductwork and transformers. Placement of mechanical equipment is limited by the setback requirements of the base zoning district, unless otherwise provided for within this title.
2. Utility Meters. A utility meter must be screened from view from the public right-of-way. A meter or transformer in a required front yard or in a corner side yard must be enclosed in a subsurface vault.
3. Screening Specifications. Screening material may have evenly distributed openings or perforations not exceeding fifty (50) percent of the surface area and must effectively screen mechanical equipment so that it is not directly visible from off-site. Heavy, evergreen landscaping may be used to meet these requirements.
G. Refuse Storage Areas. A refuse storage area located within a building or screened on all sides by a sixfoot high concrete, masonry wall or similar screening mechanism and including an access gate must be provided before occupancy for uses other than a single-family or multifamily dwelling. The Planning Director may waive this screening requirement for refuse collection and storage equipment, including the use of a dumpster and waste storage container, if the collection/storage area is not visible from a street.
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Attachment: Draft Ordinance 25-05 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 26 Downtown
17.8.11 Downtown Core districts—Description.
In addition to the general purposes set forth in Chapter 17.1 and at the beginning of this chapter, the specific purpose of the Downtown Core (“DCOR”) districts is to generally provide sites for community-serving retail, restaurant, and personal services on the ground floor, and multifamily residential and other uses on upper floors. Development standards are intended to enhance the "village character" of the downtown. The two DCOR districts listed in Section 17.8.12(B) are differentiated only in their permitted residential densities.
17.8.12 Downtown Core districts—Uses permitted.
A. All uses permitted in the Downtown Commercial district are also permitted in the Downtown Core districts, subject to the same regulations. When uses allowed in the Downtown Commercial district are proposed in the Downtown Core districts, Section 17.8.5 will determine whether a site is Type I, II or III Space, and the regulations in Sections 17.8.5, 17.8.6, and 17.8.10 apply.
B. Multifamily residential uses are permitted by right in the Downtown Core districts. Such residential uses are permitted only in Type II and Type III spaces (as specified in Section 17.8.5). Up to 30% of the linear building façade containing Type I spaces (as specified in Section 17.8.5) may include uses ancillary to multifamily residential uses, including access, common areas, and amenity spaces. Residential uses are not otherwise permitted in Type I spaces. Residential uses in the Downtown Core districts shall be subject to the following densities:
1. DCOR-30 (Downtown Core – Thirty dwelling units per acre). Residential development in the DCOR30 district requires a minimum density of twenty units per acre and a maximum density of thirty units per acre.
2. DCOR-55 (Downtown Core – Fifty-five dwelling units per acre). Residential development in the DCOR-55 district requires a minimum density of twenty units per acre and a maximum density of fifty-five units per acre.
C. Other Uses Prohibited. All uses not specifically permitted in this zoning district are prohibited.
17.8.13 Downtown Core districts—Property development standards.
A. Development with no Residential Uses. Property development standards for development with no residential uses are as specified in Section 17.8.6 and Section 17.8.10.
B. Development with Residential Uses. Property development standards for development with residential uses are specified in the Objective Design Standards for Multifamily Residential Housing in the Downtown Core and Downtown General Zoning Districts, dated September 17, 2025. Multifamily residential shall be developed in a vertical mixed-use configuration (as defined in Section 17.8.2) except in the following cases:
1. When existing development that will be retained on the same site contains Type I Space and the proposed development is located on the site such that no space within the proposed development is a Type I Space, development may alternatively use a horizontal mixed-use configuration (as defined by Section 17.8.2).
2. When the site proposed for development does not contain Type I space, development may alternatively use a horizontal mixed-use configuration (as defined by Section 17.8.2) or a multifamily residential-only configuration.
17.8.14 Downtown General district—Description.
In addition to the general purposes set forth in Chapter 17.1 and at the beginning of this chapter, the specific purpose of the Downtown General (“DG”) district is to provide sites for professional uses that offer services primarily to the needs of Orinda residents, visitors, and businesses at appropriate locations, and to allow for multifamily residential development consistent with the general plan and subject to development standards that ensure consistency with adjoining land uses.
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Attachment: Draft Ordinance 25-05 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 26 Downtown
17.8.15 Downtown General district—Uses permitted.
All uses permitted in the Downtown Office district are also permitted in the Downtown General district, subject to the same regulations. When uses allowed in the Downtown Office district are proposed in the Downtown General district, the regulations in Sections 17.8.8 through 17.8.10 apply.
In addition, multifamily residential is permitted by right in accordance with the development standards of Section 17.8.16. Multifamily residential development proposed within the Downtown General district shall meet the minimum and maximum units per acre as described below:
1. The minimum density is 20 units per acre.
2. The maximum density is 25 units per acre.
Other Uses Prohibited. All uses not specifically permitted in this zoning district are prohibited.
17.8.16 Downtown General district—Property development standards.
A. Development with no Residential Uses. Property development standards for development with no residential uses shall be as specified in Section 17.8.9 and Section 17.8.10.
B. Development with Residential Uses. Property development standards for development with residential uses are specified within the Objective Design Standards for Multifamily Residential Housing in the Downtown Core and Downtown General Zoning Districts, dated September 17, 2025.
17.8.17 Objective Design Standards incorporated.
The provisions of the Objective Design Standards for Multifamily Residential Housing in the Downtown Core and Downtown General Zoning Districts, dated September 17, 2025, are incorporated in this chapter by reference. The Objective Design Standards apply only insofar as provided in this chapter.
4. Municipal Code section 17.30.3 is amended as follows:
17.30.3 Design review requirement.
To the extent permitted under state law, dDesign review approval prior to issuance of a building permit is required for a project which meets any one or more of the following descriptions:
A. Single-Family Residential Projects.
1. A new single-family home that is not a renovation;
2. An addition which exceeds one thousand (1,000) square feet;
3. An addition which creates a second story above an existing single story residence and an addition of a second story under an existing single story residence if the City receives a request for design review where one does not presently exist;
4. An addition over one hundred ninety-nine (199) square feet in size which:
a. Is proposed on a small or narrow lot as defined in Section 17.30.8 of this chapter; or b. Will result in a residence with a total floor area exceeding seven thousand (7,000) square feet, as provided in Section 17.30.6 of this chapter.
5. An addition over five hundred (500) square feet of floor area and over 18 feet in height located partially or entirely in the ridgeline or environmental preservation overlay district, except as provided in Section 17.5.6 of this chapter;
6. An addition that results in a home that is larger than the maximum permissible floor area without design review under Chapter 17.6;
7. A renovation which includes changes in doors or windows, or both, and an affected neighbor requests design review in accordance with Subsection 17.42.1.B. of this title. All other
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Attachment: Draft Ordinance 25-05 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 26 Downtown renovations are exempt from design review so long as proof is made according to Planning Department requirements that the project meets the definition of a renovation;
8. An addition, including one under two hundred (200) square feet, will be subject to design review if an approval for either a new residence or for an exterior addition has been granted for the property within the past five years from the time of the subject application and design review would have been required under this section for the multiple projects combined and deemed to be a single project;
9. An addition of newly created habitable space in an attic or basement which is fully contained within the building envelope of any conforming or legally nonconforming single-family residential structure, as determined by the Zoning Administrator and an affected neighbor requests design review under Subsection 17.42.1.B. of this title.
B. Other Projects. Design review approval is required prior to an exterior change of any nonresidential building in the residential districts and any building in the following districts: RM, DC, DO, PS, PR, OS, PD and the SP districts, except for repair work and minor alterations as determined in the reasonable discretion of the Zoning Administrator. Changes which affect the exterior of a nonresidential building shall include proposed changes to signs and commercial brand identification materials, including but not limited to exterior color changes.the following types of development:
1. A new nonresidential building in the DC, DCOR, DG, DO, PS, PR, OS, PD, and SP districts.
2. An exterior change of any nonresidential building in any district, except for repair work and minor alterations as determined by the reasonable discretion of the Zoning Administrator.
Changes that affect the exterior of a nonresidential building shall include proposed changes to signs and commercial brand identification materials, including but not limited to exterior color changes.
3. A new, multifamily residential building in the RM, RH, DC, PD, and SP districts.
5. Municipal Code section 17.30.10 is amended as follows:
17.30.10 - Downtown design review.
Any project in the a downtown commercial district and the downtown office district whichidentified in Chapter
17.8 that is subject to design review under Subsection 17.30.3.B shall be required to meet the City of Orinda downtown design guidelines in effect at the time of the hearing.
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Attachment: Draft Ordinance 25-05 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 26 Downtown Davis Rd
QuinceTer
Rio Vista
Moraga Way
Hazel Tree Rdg
The Knl
The Glade
Northwood Dr
Wild Plum Way
Jack Tree Knl
Orinda Way
Village Gate Rd
The KNL
Brookwood Rd
Ravenhill Rd
La P laza Dr
Cork Tree Ln
Morel lo
Pl
Mira Lom a Rd
Santa Maria Way
Vashell Way
Camino Pablo SB
Camino Pablo NB
Camino pablo
Camino Sobrante
W atchwood Rd
Byrant Way
Irwin Wa y
Bates Blvd
Orinda Woods Dr
AltarindaRd
Camino Pablo
262-290-006
260-191-006
260-192-002
260-192-004
260-192-009
265-011-002
265-011-007
265-011-008
265-012-002
265-012-007
265-012-010
265-012-012
265-170-005
265-170-009
265-170-014
265-170-022
265-170-034
265-170-038
265-170-040
268-141-020
268-142-008
273-021-002
273-021-003
273-021-004
273-021-005
273-021-009
Esri Community Maps Contributors, California State Parks, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS Rezoned Districts
Downtown Core - 55 units/acre (DCOR-55)
Downtown Core - 30 units/acre (DCOR-30)
Downtown General - 25 units/acre (DG)
0 375 750 1,500 Feet
Zoning Map Exhibit:
Downtown Orinda Sites Rezoned to
DCOR-30, DCOR-55, and DG
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Attachment: Draft Ordinance 25-05 Amending Title 17 of the Orinda Municipal Code (Zoning) and Amending the Zoning Map for 26 Downtown Camino Pablo Orinda Way
CA-24
CA-24
Brookwood
Bryant Way
Bates Blvd
Davis Rd
Camino Sobrante
Orinda BART
Station
Moraga Way Camino Pablo
Altarinda
Rd.
Santa Maria Wa
y
Objective Design Standards for Multifamily Residential Housing in the Downtown Core and Downtown General Zoning Districts Adopted by Ordinance 25-05 on _____________ i Objective Design Standards for Multifamily Residential Housing in the Downtown Core and Downtown General Zoning Districts September 17, 2025 E.1.e
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core Table of Contents
Chapter 1 Introduction 11.01 Purpose 11.02 Applicability and Scope 1
1.03 Terminology 31.04 Relationship to Other City Ordinances and Policies 3 Chapter 2 Downtown Zones 52.01 Purpose and Applicability 52.02 Overview of Downtown Zones 62.03 Downtown Core (DCOR) 7
2.04 Downtown Mixed-Use General (DG) 11
Chapter 3 Site Standards 153.01 Purpose 153.02 Screening 153.03 Landscaping 18Chapter 4 Building Type Standards 204.01 Purpose 20 ii Objective Design Standards for Multifamily Residential Housing in the Downtown Core and Downtown General Zoning Districts September 17, 2025 E.1.e
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core
4.02 Building Types 20
4.03 Building Types Overview 22
4.04 Townhouse 23
4.05 Courtyard Building 264.06 Multiplex Building 294.07 Live/Work Building 32
4.08 Main Street Building 354.09 Lined Building 38
Chapter 5 Massing and Facade Articulation Standards 415.01 Purpose 41
5.02 Overview and Application 41
5.03 Massing and Composition 42
5.04 Tripartite Facade Articulation 435.05 Windows and Openings 445.06 Corner Elements 45
5.07 Mansard Roofs 46
Chapter 6 Frontage Standards 476.01 Purpose 47
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core
6.02 Frontage Types Overview 48
6.03 Porch - Projecting 506.04 Porch - Engaged 51
6.05 Dooryard 52
6.06 Stoop 536.07 Forecourt 546.08 Shopfront 556.09 Terrace 566.010 Gallery 57 Chapter 7 Defi nitions and Methods of Measurement 587.01 Purpose 587.02 Methods of Measurement 58
7.03 Defi nitions 61
Appendix A Approved Plant Palette 66
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core Chapter 1 Introduction
1.01 PurposeThe Downtown Orinda Objective Design Standards are established to implement the vision of the Downtown Orinda Precise Plan (DPP). As the name suggests, the development standards described in this Chapter are intended to be "objective" and clearly communicate the design intent of the DPP's vision. This in turn is expected to streamline the development proposal review and entitlement process. California State law defi nes objective standards as those that “involve no personal or subjective judgment by a public offi cial and are uniformly verifi able by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and public offi cial prior to submittal.” The standards in this Chapter support the development of Downtown Orinda as an attractive, mixed-use, and walkable center. The standards will govern the physical form, character and uses of private development as well as public realm elements such as civic spaces.1.02 Applicability and Scope A. The standards defi ned in this document prevail unless stated otherwise. These standards will apply to any development within the area described above, when one or more of the following occur:(1) New construction that includes multifamily residential housing.(2) Residential Medium-Density (RM) district (3) Additions to existing structures as defi ned in the Orinda Municipal Code (OMC), Title 17 (Zoning), that include multifamily housing.
B. In describing standards, this Chapter refers to "design sites". A design site is typically a parcel in the Downtown Core or Downtown General zoning districts. In cases of parcel consolidation, the consolidated parcels are considered as 1 Objective Design Standards for Multifamily Residential Housing in the Downtown Core and Downtown General Zoning Districts September 17, 2025 E.1.e
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core a design site. Each design site shall follow development standards described in the zone standards for the relevant Downtown mixed-use zone. For more information on Downtown zone standards, refer to Chapter 2 (Downtown Zones). For each design site, the following shall apply:(1) Building Types. Only one building type is allowed per design site, with the exception of an Accessory Dwelling Unit (ADU) where allowed by the Orinda Municipal Code (OMC). Refer to Chapter 4 (Building Types Standards) for more information on building types, and Section 17.3.4 (Accessory Dwelling Units) of Title 17 (Zoning) for information on ADUs. A parcel with a structure on it not proposed for demolition that was legally permitted prior to January 1, 2025 shall not be counted against the maximum number of building types allowed on a design site. (2) Massing and Facade Articulation Standards. New buildings; and Building facade renovations facing a street or civic space (except public safety buildings) must comply with standards speci fi ed in Chapter 5 (Massing and
Facade Articulation Standards). (a) Architectural Design Styles Guidelines. Apply the guidelines speci
fi ed in Downtown Orinda Architectural Design Styles Guidelines to the extent practicable in coordination with Building Types, and Massing and Facade Articulation Standards. (3) Frontage Types. Each design site must include at least one frontage type.
Frontage types not listed in the zone's standards are not allowed in that zone. Refer to Chapter 6 (Frontage Standards) for more information on frontage types. (4) Site Standards. Standards for screening and landscaping described in Chapter 3 (Site Standards) apply to each design site within the DPP boundary. Parking standards described in Chapter 17.16 (O ff -Street Parking
and Loading) of Title 17 (Zoning) shall apply to design sites within the DPP boundary. (5) New buildings and improvements are subject to the City of Orinda's local standards for Fire Safety and Building Safety.
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core
1.03 Terminology
The following terminology apply to the text of this Chapter.1. "Shall", "May" and "Should". "Shall" is always mandatory and not permissive. "May" is permissive. "Should" is advisory and identifi es guidance provided by the City in implementation of these standards.
2. Tenses and Numbers. Words used in the present tense include the future, words used in the singular include the plural, and the plural includes the singular, unless the context clearly indicates the contrary.
3. Applicable. "Applicable" refers to all related standards in this Chapter so as to not require stating the phrase "and all applicable standards" throughout.
4. Conjunctions. Unless the context clearly indicates otherwise, the following conjunctions shall be interpreted as follows:A. "And" indicates that all connected items or provisions apply;B. "Or" indicates that the connected items or provisions may apply singly or in any combination; and
C. "Either/or" indicates that the connected items or provisions apply singly but not in combination.
5. Discrepancies. In case of discrepancies between the text and diagram, the text will apply.
6. References. "City" when included as a reference includes related departments, boards, commissions and other public offi ces. "Director" refers to a City offi cial who performs the function referred to, and has the authority to do so.
1.04 Relationship to Other City Ordinances and Policies1. Orinda General Plan (1987) and Housing Element (2023-2031). This document is in alignment with the vision of the Orinda General Plan as amended, and the Housing Element (6th Cycle) for the parcels and rights-of-way within the Downtown – Core and Downtown – General land use categories. 3 Objective Design Standards for Multifamily Residential Housing in the Downtown Core and Downtown General Zoning Districts September 17, 2025 E.1.e
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2. Title 17, Orinda Zoning Code. If a provision of this Chapter is inconsistent with another provision of Title 17 (Zoning) of the Orinda Municipal Code, or with a provision found in other adopted codes or ordinances of the City, the more restrictive provision shall govern, unless the terms of the more restrictive provision specify otherwise.
3. Downtown Design Guidelines (1990). This Chapter incorporates the guidance provided in this document for architecture and streetscape design as applicable to the Downtown Precise Plan boundaries. The standards of this Chapter will supersede the Downtown Design Guidelines for mixed-use (residential and retail mixed-use projects) and residential projects.
4. Orinda Way Streetscape Master Plan (2000). This Chapter is aligned with the general vision and recommendations of this document, specifi cally the intent to improve pedestrian safety and enhance the pedestrian environment.
5. Bicycle, Trails and Walkways Master Plan (2011). This Chapter reinforces the long-term vision of this document, and provides standards to support pedestrian safety and enhance the pedestrian environment. 4 Objective Design Standards for Multifamily Residential Housing in the Downtown Core and Downtown General Zoning Districts September 17, 2025 E.1.e
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core Chapter 2 Downtown Zones
2.01 Purpose and ApplicabilityThis Chapter describes the two base Downtown mixed-use zones. These zones are:
A. Downtown Core (DCOR)B. Downtown General (DG)
Both zones are intended to create mixed-use, walkable environments, but they diff er in their function and intensity of use.
Design Site Orientation. The front of a design site is assumed to be along the primary abutting street.In situations where design sites abut two primary streets (such as corner sites), typically the narrowest side should be treated as the front of the design site, and subject to applicable standards.In situations where the design site does not abut a street, the side of the design site closest to the nearest street to which the design site has access shall be considered the front, unless that side would abut the rear portion of an adjacent building, in which case the design site would be considered irregularly-shaped.For irregularly-shaped design sites, the determination of the front of the design site shall be made by the Director, applying the standards of this Chapter. 5 Objective Design Standards for Multifamily Residential Housing in the Downtown Core and Downtown General Zoning Districts September 17, 2025 E.1.e
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2.02 Overview of Downtown Zones
The two new Downtown mixed-use zones correspond to the two kinds of mixed-use environments anticipated for Downtown Orinda - horizontal mixed-use and vertical mixed-use. A summary of the characteristics of each Downtown mixed-use zone is described below.
Table 2.02.A Summary of Downtown Mixed-Use Zones
Downtown Core Downtown General
Zone Abbreviation DCOR DGSub-Zones DCOR–30 (Downtown Core–Thirty dwelling units per acre) DCOR–55 (Downtown Core–Fifty-fi ve dwelling units per acre) None
Intent A walkable, higher-intensity, "vertical mixed-use" environment of medium-to-large footprint buildings providing neighborhood and community-serving commercial, retail, entertainment, civic and institutional uses at the ground fl oor and housing and other uses on upper fl oors. This zone supports a Downtown environment aimed at community gathering and activity.
A walkable, moderate-intensity neighborhood of small-tomedium footprint buildings with a mix of offi ce, residential, and supporting uses of neighborhood-serving retail and services. Buildings may be vertically mixed-use or organized with diff erent uses horizontally. This zone provides a transition in scale and intensity of use between Downtown’s higher intensity mixed-use zones to residential neighborhoods.
Desired Built Character Primarily attached buildings, with medium-to-large building footprints.
A mix of attached and detached buildings, with small to medium building footprints.
Building heights of 45 feet Building heights of 35 feetBuildings at the edge of the sidewalk, with small to no front and side setbacks.
Buildings with small front and side setbacks, or uniformly set back from the edge of the sidewalk.
Predominantly commercial frontages such as Shopfronts, Terraces, Galleries and Forecourts.
A mix of residential and non-residential frontages including Porches and Dooryards.
Predominantly structured parking in basement and podium confi guration with some surface parking set back from the street.
Predominantly surface parking set back from the street, with some structured parking in basement/ podium confi guration. 6 Objective Design Standards for Multifamily Residential Housing in the Downtown Core and Downtown General Zoning Districts September 17, 2025 E.1.e
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2.03 Downtown Core (DCOR)
Intent. A walkable, higher-intensity, "vertical mixed-use" environment of medium-to-large footprint buildings providing -neighborhood and community-serving commercial, retail, entertainment, civic and institutional uses at the ground fl oor and housing and other uses on upper fl oors. This zone supports a Downtown environment aimed at community gathering and activity.
Table 2.03.A Key Characteristics: DCOR Zone
Relevant form elements, as shown in Figure 2.04.1
Primarily attached, medium- to large-footprint buildingsBuilding heights up to 45'Upper stories stepped back above 35'Small to no front setbacksSmall to no side setbacksPredominantly commercial frontages such as Shopfronts, Galleries, Terraces and Forecourts Figure 2.03.1 Zone Intent Diagram: DCOR Zone
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core Table 2.03.B Building Types: DCOR Zone
Allowed Type Design Site
Width
Design Site Depth
Standards
Townhouse 14' min.1 60' min. Section 4.04
Live/Work Building 14' min. 1 60' min. Section 4.07Main Street Building 25' min. 80' min. Section 4.08 Lined Building 300' max. 400' max. Section 4.09
Notes
Refer to Chapter 4 (Building Type Standards) and Chapter 5 (Massing and Facade Articulation Standards) for applicable standards.1. Represents one Townhouse or Live/Work unit.
Table 2.03.C Building Placement: DCOR ZoneSetback (Distance from ROW/Design Site Line) Front (Facade Zone) 0' min.; 10' max.Side Street (Facade Zone) 0' min.; 10' max.Side 0' min.
When abutting RL-20 10' min.
Rear 10' min.
When abutting RL-20 15' min.
Building within Facade Zone (Applies to Front and Side Street setbacks, excludes Side and Rear setbacks) Front 80% min. Side Street 70% min.
Building Footprint
Design Site Coverage Refer standards by Building
Type in Chapter 4 (Building Type Standards).
Notes
Design sites shall require landscaping plans as per Chapter 17.17 (Landscaping) of Title 17 (Zoning) of the Orinda Municipal Code.
Street: Front (Typically the narrowest side of a Design Site) Street: Side
max.
min.
min.
min.
max.
min.
Figure 2.03.2 Building Placement
ROW/Design Site LineBuilding Setback Line
Buildable AreaFacade Zone
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core Figure 2.03.3 Building Form and Maximum Envelope
Table 2.03.D Building Form and Maximum Envelope: DCOR ZoneHeight Base Overall Building Height1 50' max.Highest Top Plate 45' max.Number of Floors 4 max.
Upper Story Stepback2
Front and Side Street 10' min. above 35' of height.Side and Rear when abutting RL-20 10' min. above 35' of height.
Ground Floor StandardsGround Floor Finish Level and Height Residential 1' max. Common entries may be set at
grade in compliance with local and federal accessibility standards.
Non-Residential Flush with Sidewalk or Terrace Frontage Type.Ground Floor Ceiling 10' min. for residential use. 14' min. for non-residential use.
Ground Floor Usable Space Dimensions
Depth of Ground Floor Usable Space3
30' min. when facing a street or civic space.
Width of Ground Floor Usable Space
70% min. of building facade where the facade includes Type I space.4 Notes
Refer to Chapter 4 (Building Type Standards) for refi nements to height and massing standards.1. Including allowed height projections such as parapets and roof forms. 2. Upper story stepback is not required when fl oors above 35' are within a mansard roof. See Section 5.07 (Mansard Roofs) for applicable standards.3. See "Depth, Ground Floor Usable Space" in section 7.0 17.8.12 Downtown Core districts—Uses permitted 3 - Defi nitions.
4. See Section 17.8.12 (Downtown Core districts—Uses permitted) of Title 17 (Zoning) of the Orinda Municipal Code.
ROW/Design Site Line
Figure 2.03.4 Upper Story Stepbacks
ROW/Design Site LineBuilding Envelope Upper Story (stepped back) 9 Objective Design Standards for Multifamily Residential Housing in the Downtown Core and Downtown General Zoning Districts September 17, 2025 E.1.e
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core Street (Front: Typically the Narrowest Side of a Design Site) Street (Side)
Table 2.03.E Parking Location: DCOR ZoneSetback for At or Above-Grade Parking (Distance from ROW/Design Site Line) Front 30' min.Side Street 5' min. Side 0' min.Rear 5' min.
Setback for Subterranean Parking (Distance from ROW/Design Site Line) All Sides 0' min.
Parking Spaces Required for New Buildings
To te extent permitted by law, as specifi ed in Section 17.16.4 (Off -Street Parking and Loading Spaces Required) of Title 17 (Zoning).
Parking Space Dimensions for New Buildings
As specifi ed in Section 17.16.7 (Parking Space Dimensions) of Title 17 (Zoning).
Driveway Dimensions for New Buildings
As specifi ed in Section 17.16.11 (Driveway Widths, Clearance and Materials) of Title 17 (Zoning).
Notes
Driveways not allowed in the front of a Design Site on a corner Design Site.Front minimum parking setbacks do not apply to properties with utility easements located within 30' of the ROW/Design Site Line.
Table 2.03.F Frontages: DCOR ZoneAllowed Type Front Side St. Standards Dooryard Allowed Allowed Section 6.05
Stoop Not Allowed Allowed Section 6.06
Forecourt Allowed Allowed Section 6.07
Shopfront Allowed Allowed Section 6.08
Terrace Allowed Allowed Section 6.09
Gallery Allowed Allowed Section 6.10
Notes
Refer Chapter 6 (Frontage Standards) for additional standards.
Table 2.03.G Encroachments into Setbacks: DCOR ZoneEncroachment Type Front Side St. Side Rear Architectural Elements 4' max. 4' max. 3' max. 3' max.Stairs Not Allowed 3' max. 3' max. 3' max.Mechanical equipment As per Section 17.39.3 (Construction) of Title 17 (Zoning).
Notes
Encroachments not allowed within ROW, or across design site line.Upper story encroachments allowed within ROW on Front and Side Streets with a height clearance of 14' min. Refer to Chapter 6 Frontage Standards for standardsRamps providing ADA or FHA visitability are allowed within setbacks but shall not encroach within public ROWs.
Figure 2.03.5 Parking Placement
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2.04 Downtown Mixed-Use General (DG)
Intent. A walkable, moderate-intensity neighborhood of smallto-medium footprint buildings with a mix of offi ce, residential, and supporting uses of neighborhood-serving retail and services. Buildings may be vertically mixed-use or organized with diff erent uses horizontally. This zone provides a transition in scale and intensity of use between Downtown’s higher intensity mixed-use zones to residential neighborhoods.
Table 2.04.A Key Characteristics: DG Zone
Relevant form elements, as shown in Figure 2.05.1
A mix of attached and detached small- to medium-footprint buildingsBuilding heights up to 35'Upper stories stepped back above 35'Small front setbacksSmall side setbacksA mix of residential and commercial frontages such as Porches and Dooryards Figure 2.04.1 Zone Intent Diagram: DG Zone
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core Table 2.04.B Building Types: DG Zone
Allowed Type Design Site
Width
Design Site Depth
Standards
Townhouse 14' min.1 60' min. Section 4.04
Courtyard Building 70' min. 150' min. Section 4.05
Multiplex Building 60' min. 110' min. Section 4.06
Live/Work Building 14' min.1 60' min. Section 4.07
Main Street Building 25' min. 100' min. Section 4.08
Notes
Refer to Chapter 4 (Building Type Standards) and Chapter 5 (Massing and Facade Articulation Standards) for applicable standards.1. Represents one Townhouse or Live/Work unit.
Table 2.04.C Building Placement: DG ZoneSetback (Distance from ROW/Design Site Line) Front (Facade Zone) 10' min.; 20' max.Side Street (Facade Zone) 10' min.; 15' max.Side1 5' min.
When abutting RL-20 10' min.
Rear 10' min.
When abutting RL-20 15' min.
Building within Facade Zone (Applies to Front and Side Street setbacks, excludes Side and Rear setbacks) Front 70% min. Side Street 50% min.
Building Footprint
Design Site Coverage Refer standards by Building
Type in Chapter 4 (Building Type Standards).
Table 2.04.C Building Placement: DG Zone (Continued)Notes Design sites shall require landscaping plans as per Chapter 17.17 (Landscaping) of Title 17 (Zoning) of the Orinda Municipal Code.1. In Townhouse and Live/Work Building Types, side setbacks apply only to the end Townhouses and Live/Work in a run of attached Townhouses and Live/Work.
Street: Front (Typically the narrowest side of Design Site) Street: Side
max.
min.
min.
min.
max.
min.
Figure 2.04.2 Building Placement
ROW/Design Site LineBuilding Setback Line
Buildable AreaFacade Zone
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Table 2.04.D Building Form and Maximum Envelope: DG ZoneHeight Base Additional Height Areas Overall Building Height1 40' max. 50' max.Highest Top Plate 35' max. 45' max.Number of Floors 3 max. 4 max.
Upper Story Stepback2
Front and Side Street 10' min. above 35' of heightSide and Rear when abutting RL-20 10' min. above 35' of height
Ground Floor StandardsGround Floor Finish Level and Height Residential 1' min. Common entries may be set at
grade in compliance with local and federal accessibility standards.
Non-Residential 6" max. Common entries may be set at
grade in compliance with local and federal accessibility standards.
Ground Floor Ceiling 10' min. for residential use.
14' min. for non-residential use.
Ground Floor Usable Space Dimensions
Depth of Ground Floor Usable Space
30' min. when facing a street or civic space.
Width of Ground Floor Usable Space
70% min. of building facade for Main Street and Live/Work Building types when facing a street or civic space.
Notes
Refer to Chapter 4 (Building Type Standards) for refi nements to height and massing standards.1. Including allowed height projections such as parapets and roof forms. 2. Upper story stepback is not required when fl oors above 35' are within a mansard roof. See Section 5.07 (Mansard Roofs) for applicable standards.
Figure 2.04.4 Upper Story Stepbacks
ROW/Design Site LineBuilding Envelope Upper Story (stepped back) Figure 2.04.3 Building Form and Maximum Envelope
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Table 2.04.E Parking Location: DG ZoneSetback for At or Above-Grade Parking (Distance from ROW/Design Site Line) Front 30' min.Side Street 5' min. Side 5' min.Rear 5' min.
Setback for Subterranean Parking (Distance from ROW/Design Site Line) All Sides 0' min.
Parking Spaces Required for New Buildings
As specifi ed in Section 17.16.4 (Off -Street Parking and Loading Spaces Required) of Title 17 (Zoning).
Parking Space Dimensions for New Buildings
As specifi ed in Section 17.16.7 (Parking Space Dimensions) of Title 17 (Zoning).
Driveway Dimensions for New Buildings
As specifi ed in Section 17.16.11 (Driveway Widths, Clearance and Materials) of Title 17 (Zoning).
Notes
Driveways not allowed in the front of a Design Site on a corner Design Site.Front minimum parking setbacks do not apply to properties with utility easements located within 30' of the ROW/Design Site Line.
Table 2.04.F Frontages: DG ZoneAllowed Type Front Side St. Standards Porch - Projecting Allowed Allowed Section 6.03
Porch - Engaged Allowed Allowed Section 6.04
Dooryard Allowed Allowed Section 6.05
Stoop Not Allowed Allowed Section 6.06
Forecourt Allowed Allowed Section 6.07
Terrace Allowed Allowed Section 6.09
Notes
Refer Chapter 6 (Frontage Standards) for additional standards.
Table 2.04.G Encroachments into Setbacks: DG ZoneEncroachment Type Front Side St. Side Rear Frontages 8' max. 8' max. Not allowed Not AllowedArchitectural Elements 3' max. 3' max. 3' max. 3' max.Stairs Not Allowed 3' max. 3' max. 3' max.Mechanical equipment As per Section 17.39.3 (Construction) of Title 17 (Zoning).
Notes
Encroachments not allowed within ROW, or across design site line.Upper story encroachments allowed within ROW on Front and Side Streets with a height clearance of 14' min. Refer Chapter 6 (Frontage Standards) for standardsRamps providing ADA or FHA visitability are allowed within setbacks but shall not encroach within public ROWs.
Figure 2.04.5 Parking Placement
ROW/Design Site Line Parking Area (at or above grade)Building Setback Line 14 Objective Design Standards for Multifamily Residential Housing in the Downtown Core and Downtown General Zoning Districts September 17, 2025 E.1.e
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core Chapter 3 Site Standards
3.01 PurposeThe standards in this Chapter are intended to ensure that the development of property within the Downtown Mixed-Use zones accomplishes the following:1. Ensures that new or altered structures are compatible with the scale, design and use of existing structures on neighboring properties;
2. Respects the existing conditions and safety of neighboring properties; and3. Does not adversely aff ect neighboring properties, with "adversely aff ect" meaning to impact in a substantial, negative manner the habitability or enjoyability of these properties.
3.02 ScreeningThis Section prescribes standards for screening, fences, and walls for the conservation and protection of property, the assurance of safety and security, the enhancement of privacy, the attenuation of noise, and the improvement of the visual environment of the neighborhood.1. Design Standards for Screening. Screening shall comply with the following:
A. Maximum Screening Height. Screening shall not exceed the maximums identifi ed in Table 3.02.A (Maximum Screening Height within required Setbacks).
B. Screening Height Measurement. Screening height shall be measured as the vertical distance between the fi nished grade at the base of the screen and the top edge of the screen material. 15 Objective Design Standards for Multifamily Residential Housing in the Downtown Core and Downtown General Zoning Districts September 17, 2025 E.1.e
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core C. Materials Not Allowed. Barbed wire and razor wire screening is not allowed.
Table 3.02.A Maximum Screening Height within required SetbacksFences Fences and Freestanding Walls
Hedges
Front 3' max. 4' max.Side Street 3' max. 4' max.Side 6' max. 6' max. Rear 6' max. 6' max.
2. Screening on Retaining Walls. The total height of screens, or the combined height of a screen and retaining wall (that the screen may be mounted on or attached to), shall not exceed six feet.
3. Mechanical Equipment Screening. The following standards shall apply:
A. Roof-Mounted Equipment. Building parapets or other architectural elements in the building’s architecture style shall screen roof-mounted equipment, as specifi ed below:
(1) New buildings shall be designed to provide a parapet or other architectural element that is as tall or taller than the highest point on any new mechanical equipment to be located on the roof of the building; and (2) For existing buildings with no parapet or low parapet heights, mechanical equipment shall be surrounded on all sides by an opaque screen wall as tall as the highest point of the equipment. The wall shall be architecturally consistent with the building and match the existing building with paint, fi nish, and trim cap detail. (3) Free-standing or roof-mounted solar equipment, and vents less than four feet in height are exempt from screening requirements.
B. Wall- and Ground-Mounted Equipment. The following standards shall apply for equipment mounted to walls and the ground:(1) The equipment is not allowed between the face of the building and the street;
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core (2) Mechanical equipment shall be installed closer to a habitable structure on the property it serves than to a habitable structure on adjacent properties, as described in Section 17.39.9 (Permanent Mechanical Equipment) of Title 17 (Zoning); (3) All screening devices shall be as high as the highest point of the equipment being screened. Equipment and screening shall be in compliance with the setbacks of the zone; and (4) Screening shall be architecturally compatible and include matching paint, fi nish and trim cap of the building.
4. Temporary Fencing. Temporary fencing may be used to provide security for approved special events, construction sites, or vacant structures and land, which cannot otherwise be secured. All temporary fencing shall:A. Consist of chain link fencing or other materials subject to Director review and approval for compliance with objective standards;
B. Not exceed six feet in height;C. Be removed at the conclusion of the special event or completion of construction activities (i.e.
fi nal inspection) for which it was approved; and
D. All approved fencing for construction sites shall not be installed until a Building Permit or Grading Permit has been issued and shall be removed prior to fi nal
inspection. The use of temporary fencing around occupied structures that can be secured by other means is prohibited. The use of temporary fencing around vacant land or vacant structures is subject to the terms and conditions speci fi ed in the Permit authorizing the fencing.
5. Safety. Fences, walls, and other screening and landscaping shall be in compliance with the following visibility standard:A. Within 25 feet of the point of intersection of two or more vehicular access ways, including driveways, alleys, or streets, a visibility zone is to be maintained as mandated by the City of Orinda's Department of Public Works and Engineering Services, with a maximum height of 30 inches above the edge of pavement for landscaping (except trees) within this visibility zone. Refer to Figure 3.02.1. As used in this Subsection, "point of intersection" is measured from the face of curb or if none, from the edge of pavement.
Figure 3.03.1 Visibility Standards (Source: City of Orinda) ¶ ¶
¶
¶
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3.03 Landscaping
This Section prescribes landscaping standards for the protection and enhancement of the environmental and visual quality of Downtown, enhancement of privacy, and the control of dust.1. Required Landscaping. The landscaping required shall be installed as part of the development or improvement requiring the landscaping. A. Landscaping materials shall be integrated into the required setbacks, stream and wetland buff ers, and design of the selected frontage types.
B. Standards for landscaping in parking areas shall be in combination with standards for parking and loading zones as described in Chapter 17.16 (Off - Street Parking and Loading) of Title 17 (Zoning)
C. Standards for landscaping shall be coordinated with lighting standards as described in Section 17.16.14 (Lighting) and other applicable standards in Title 17 (Zoning).
2. Standards for Landscape Plans. Landscaping Plans are required for development in the Downtown Mixed-Use zones, as described in Chapter 17.17 (Landscaping) of Title 17 (Zoning).
3. Design Standards. The following landscaping design standards will apply in the Downtown Mixed-Use zones. A. Allowed Landscaping Materials. Landscaping materials shall comply with the following:(1) Shrubs, of min. one-gallon size or larger;(2) Ground cover instead of grass/turf; and/or(3) Decorative non-living landscaping materials including, but not limited to, sand, stone, gravel, wood or water to satisfy a maximum of 25 percent of the required landscaping area. (4) Trees, including street trees, of 15-gallon size or larger, double-staked; planted between the curb and the back of the sidewalk.
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core B. Species Selection.
(1) Species selection shall comply with the Approved Plant Palette in Appendix A of this chapter, with the following notes:(a) Native and drought tolerant species are required to meet the minimum standards of applicable local Water Conservation Ordinances. (b) Species selection shall be in compliance with standards prescribed by the Moraga-Orinda Fire District.
(c) Species selection for watercourses shall be coordinated with recommended locally native and drought-tolerant species.
C. Existing Vegetation. Existing on-site trees, of species and minimum caliper size determined by local Orinda standards, shall be incorporated into the landscaping.
D. Maintenance. Required landscaping shall be maintained in a clean and healthy condition. This shall include pruning, weeding, removal of litter, fertilizing, replacement of plants when necessary, and the appropriate watering of all plantings. 19 Objective Design Standards for Multifamily Residential Housing in the Downtown Core and Downtown General Zoning Districts September 17, 2025 E.1.e
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core Chapter 4 Building Type Standards
4.01 PurposeThis Chapter provides the standards for development of individual building types to achieve the intended physical character of the Downtown mixed-use zones, off er housing choices and aff ordable housing opportunities, and incubate small businesses as amenities within walkable neighborhoods. 4.02 Building Types 1. Building types are used to articulate size, scale, and intensity according to the intent of each zone.
2. The design site size standards for each building type are set in each zone to generate pedestrian-oriented buildings within the overall intended physical character of each zone. The design site size standard identifi es the range of design site sizes on which the given building type is allowed to be built.
3. Certain building types have additional standards beyond the zone standards to further calibrate the type for its context.
4. Each design site shall have only one primary building type developed in accordance with these Objective Design Standards, except as follows, and in compliance with all standards: A. Multiple Design Sites. More than one building type is allowed on a parcel that identifi es proposed multiple design site lines that meet the standards of this Section. (1) A parcel large enough to accommodate multiple design sites but smaller than the size of a block. The individual Design Sites are not required to be recorded as new parcels. See Figure 4.02.1 (Example of Multiple Design Sites on One Parcel); or (2) A parcel large enough to create one or more new blocks. See Figure
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5. On-Site Open Space. The standards identify only the required type (private or common) and amount. For example, if the type only has standards for private open space, common open space is not required for that building type. The identifi ed amount is for the entire building unless specifi ed otherwise.
6. Parking. Parking shall be designed in compliance with the zone standards for parking placement.
7. Main Body and Wings. Buildings are articulated as a larger "body" and smaller "wings". Wings are required to be smaller in size and height than the main body to visually reduce the overall size of a building. To further this objective, the standards specify the amount that wings are required to be off set from the main body so that their facades are not aligned.
8. The maximum number of units identifi ed for each building type is dependent on the design site being large enough to accommodate the zone's standards.
9. Individual designs may vary from the diagrams for each building type in compliance with the standards of this Chapter and Chapter 5 (Massing and Facade Articulation Standards).
10. New buildings and their improvements are subject to local standards for Fire Safety and Building Safety.
Existing Parcel with 3 proposed Design Sites Existing Parcel with 3 resulting buildings. The individual Design Sites are not required to be recorded as new parcels Existing Parcel
Figure 4.02.1 Example of Multiple Design Sites on One Parcel 21 Objective Design Standards for Multifamily Residential Housing in the Downtown Core and Downtown General Zoning Districts September 17, 2025 E.1.e
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4.03 Building Types Overview
Table 4.03.A (Building Types Overview) provides an overview of the allowed building types per zone. Building types in the Downtown Core zone must comply with the use requirements of Section 17.8.12 (Downtown Core districts—Uses permitted) of Title 17 (Zoning) of the OMC. Building types in the Downtown General zone must comply with the use requirements of Section 17.8.15 (Downtown General district—Uses permitted) of Title 17 (Zoning) of the OMC.
Table 4.03.A Building Types OverviewBuilding Type Allowed in Zones Townhouse. A typically attached housing type with up to 8 side-by-side attached Townhouses per run, with a rear setback. As allowed by the zone, the type may also be detached with minimal separations between buildings. The type is typically located within higher-intensity neighborhoods or on, or near, a neighborhood main street.
DCORDG
Courtyard Building. A detached building that consists of up to 12 attached and/or stacked units, accessed from a shared courtyard. The type is typically integrated as a small portion of lower-intensity neighborhoods or more consistently into moderate-intensity neighborhoods.
DG
Multiplex Building. A medium-to-large-sized, detached building that consists of 5 to 18 side-by-side and/or stacked units, typically with one shared entry. The type is scaled to fi t within moderate-intensity neighborhoods.
DG
Live/Work Building. A small-to-medium-sized attached or detached structure that consists of a series of dwelling units above and/or behind fl exible ground fl oor spaces that can be used for service, retail, or artisan uses, as allowed by the zone. Both the ground-fl oor fl ex space and the unit above are owned by one entity. This type is typically located within medium-intensity neighborhoods or near or on a neighborhood main street, and is especially appropriate for incubating neighborhood-serving retail and service uses.
DCORDG
Main Street Building. A small-to-large-sized building, typically attached, but may be detached; that provides a vertical mix of uses with ground-fl oor retail, offi ce, or service uses and upper-fl oor service or residential uses. This type makes up the primary component of neighborhood and downtown main streets, and is therefore a key component to providing walkability.
DCORDG
Lined Building. A combined building that consists of two main components: an interior building, typically a parking garage, or a movie theater, etc., and an exterior building "liner" that conceals the interior building from the street and typically consists of ground-fl oor retail and upper-story residential units.
DCOR
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4.04 Townhouse
A typically attached housing type with up to 8 side-by-side attached Townhouses as a run, with a rear setback. As allowed by the zone, the type may also be detached with minimal separations between buildings. The type is typically located within higher-intensity neighborhoods or on, or near, a neighborhood main street.
Table 4.04.A Building Type Standards: Townhouse
Townhouses per Design Site 1 max. Side-by-Side Attached Townhouses per Run 4 min.; 8 max. in DCOR2 min.; 5 max. in DG
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core Table 4.04.B Building Sizing and Massing: Townhouse
Height DCOR DG
Stories 3.5 max. 3 max.
Main Body
Width per Townhouse1 14' min.; 20' max. 14' min.; 25' max.Depth per Townhouse1 48' max. 48' max.Width per Run of Attached Townhouses 160' max. 125' max.
Wing(s)2
Width 10' max. 14' max.Depth 20' max. 20' max.Separation between Wings on adjacent Design Sites 10' min. 10' min.
Notes
Facades shall be designed in compliance with Chapter 5 (Massing and Facade Articulation Standards).1. Includes stacked units.2. Height of building wings is limited to 1 story (approximately 10') less than the height of the main body and 10' less than the highest eave/parapet. Figure 4.04.1 Building Sizing and Massing: Townhouse Key
ROW/Design Site LineBuilding Setback Line
Building
Street: Front (Typically narrowest side of Design Site) Alley access required if alley exists
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core Table 4.04.C Pedestrian Access: Townhouse
Main Entrance Location Front Street
Notes
Each unit shall have an individual entry facing a street, on-site common open space or civic space.
Table 4.04.D Parking Location: Townhouse
Parking location shall comply with standards in Tables 2.04.E and 2.05.E (Parking Location) of the zone. See Chapter 17.16 (Off -Street Parking and Loading) of Title 17 (Zoning) for additional standards.Parking may be covered or uncovered.
Table 4.04.E Open Space: TownhousePrivate Open Space
Width 8' min.Depth 8' min.
Notes
Required setbacks and driveways do not count toward open space.When at grade, required open space shall be located behind the main body of the building.
Street: Front (Typically narrowest side of Design Site) Figure 4.04.2 Pedestrian Access, Parking Location and Open Space: Townhouse Key
ROW/Design Site LineBuilding Setback Line
FrontagePrivate Open Space
Alley access required if alley exists
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4.05 Courtyard Building
A detached building that typically consists of up to 12 attached and/or stacked units, accessed from a shared courtyard. The type is typically integrated as a small portion of lower-intensity neighborhoods such as at block corners, or more consistently into moderate-intensity neighborhoods.
Table 4.05.A Building Type Standards: Courtyard Building Buildings per Design Site 1 max.
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core Table 4.05.B Building Sizing and Massing: Courtyard Building Height
Stories 3 max.
Main Body
Width 100' max.Depth 100' max.
Wing(s)
Not Allowed
Notes
Facades shall be designed in compliance with Chapter 5 (Massing and Facade Articulation Standards).
Figure 4.05.1 Building Sizing and Massing: Courtyard BuildingKey ROW/Design Site LineBuilding Setback Line
Building
Street: Front (Typically narrowest side of Design Site) Street: Side
Alley access required if alley exists
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core Table 4.05.C Pedestrian Access: Courtyard Building
Main Entrance Location Courtyard or Front Street
Table 4.05.D Parking Location: Courtyard Building
Parking location shall comply with standards in Tables 2.04.E and 2.05.E (Parking Location) of the zone. See Chapter 17.16 (Off -Street Parking and Loading) of Title 17 (Zoning) for additional standards.
Parking may be covered or uncovered.
Table 4.05.E Open Space: Courtyard BuildingCommon Open Space Width 25' min.Depth 60' min.
Notes
Courtyards shall be accessible from the front street.Building shall defi ne at least three walls of a courtyard.Courtyard(s) may be used for stormwater management if designed as an integral site element (rain garden or bioswale).Front of courtyard not defi ned by building shall be defi ned by a wall 2'-6" to 5' tall with an entry gate/door.
Street: Front (Typically narrowest side of Design Site) Alley access required if alley exists
Figure 4.05.2 Pedestrian Access, Parking Location and Open Space: Courtyard Building
Key
ROW/Design Site LineBuilding Setback Line
FrontageCommon Open Space
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4.06 Multiplex Building
A medium-to-large-sized, detached building that typically consists of 5 to 18 side-by-side and/or stacked units, generally with one shared entry. The type is scaled to fi t within moderate-intensity neighborhoods.
Table 4.06.A Building Type Standards: Multiplex Building Buildings per Design Site 1 max.
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core Table 4.06.B Building Sizing and Massing: Multiplex Building Height
Stories 3 max.1
Main Body
Width 60' max.Depth 60' max.
Wing(s)2
Width 24' max.Depth 40' max.Separation between Wings 15' min.Off set from Main Body 5' min.
Notes
Facades shall be designed in compliance with Chapter 5 (Massing and Facade Articulation Standards).1. Additional height allowed in specifi c areas as identifi ed in Figure 2.02.4 (Regulating Plan: Areas Allowing Additional Height).2. Height of building wings is limited to 1 story (approximately 10') less than the height of the main body and 10' less than the highest eave/parapet.
Figure 4.06.1 Building Sizing and Massing: Multiplex BuildingKey ROW/Design Site LineBuilding Setback Line
Building
Street: Front (Typically narrowest side of Design Site) Street: Side
Alley access required if alley exists
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core Table 4.06.C Pedestrian Access: Multiplex Building
Main Entrance Location Front Street
Notes
Units located in the main body shall be accessed by a common entry along the front street.On corner design sites, units in a wing may enter from the side street.
Table 4.06.D Parking Location: Multiplex Building
Parking location shall comply with standards in Tables 2.04.E and 2.05.E (Parking Location) of the zone. See Chapter 17.16 (Off -Street Parking and Loading) of Title 17 (Zoning) for additional standards.
Parking may be covered or uncovered.
Table 4.06.E Open Space: Multiplex BuildingCommon Open Space Common open space is not required.
Street: Front (Typically narrowest side of Design Site) Street: Side
Alley access required if alley exists
Figure 4.06.2 Pedestrian Access, Parking Location and Open Space: Multiplex Building
Key
ROW/Design Site LineBuilding Setback Line
Frontage
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4.07 Live/Work Building
A small-to-medium-sized attached or detached structure that consists of a series of dwelling units above and/or behind fl exible ground fl oor spaces that can be used for service, retail, or artisan uses, as allowed by the zone. Both the ground-fl oor fl ex space and the unit above are owned by one entity. This type is typically located within medium-intensity neighborhoods or near or on a neighborhood main street. This type is especially appropriate for incubating neighborhoodserving retail and service uses.
Table 4.07.A Building Type Standards: Live/Work Building Live/Works per Design Site 1 max. Side-by-Side Attached Live/Works per Run 4 min.; 8 max. in DCOR2 min.; 5 max. in DG
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core Table 4.07.B Building Sizing and Massing: Live/Work Building Height DCOR DG
Stories 3.5 max. 3 max.
Main Body
Width per Live/Work 14' min.; 20' max. 14' min.; 25' max.Depth per Live/Work 48' max. 48' max.Width per Run of Attached Live/Works 160' max. 125' max.
Wing(s)
Not Allowed
Notes
Facades shall be designed in compliance with Chapter 5 (Massing and Facade Articulation Standards).
Figure 4.07.1 Building Sizing and Massing: Live/Work BuildingKey ROW/Design Site LineBuilding Setback Line
Building
Street: Front (Typically narrowest side of Design Site) Street: Side
Alley access required if alley exists
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core Table 4.07.C Pedestrian Access: Live/Work Building
Main Entrance Location Front Street
Notes
Ground-fl oor space and upper unit shall have separate entries.
Table 4.07.D Parking Location: Live/Work Building
Parking location shall comply with standards in Tables 2.04.E and 2.05.E (Parking Location) of the zone. See Chapter 17.16 (Off -Street Parking and Loading) of Title 17 (Zoning) for additional standards.
Parking may be covered or uncovered.
Table 4.07.E Open Space: Live/Work BuildingPrivate Open Space Width 14' min.Depth 15' min.
Notes
Required setbacks and driveways do not count toward open space.When at grade, required open space shall be located behind the main body of the building. Figure 4.07.2 Pedestrian Access, Parking Location and Open Space: Live/Work Building
Key
ROW/Design Site LineBuilding Setback Line
FrontagePrivate Open Space
Street: Front (Typically narrowest side of Design Site) Street: Side
Alley access required if alley exists
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4.08 Main Street Building
A small-to-large-sized building, typically attached, but may be detached, that is intended to provide a vertical mix of uses with ground-fl oor retail, offi ce, or service uses and upper-fl oor service or residential uses. The type makes up the primary component of neighborhood and downtown main streets, encouraging walkability.
Table 4.08.A Building Type Standards: Main Street Building Buildings per Design Site 1 max.
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core Table 4.08.B Building Sizing and Massing: Main Street Building Height DCOR DG
Stories 4 max.1 3 max.1
Main Body
Width 200' max. 150' max.Depth 280' max. 120' max.
Wing(s)
Not Allowed
Notes
Facades shall be designed in compliance with Chapter 5 (Massing and Facade Articulation Standards).1. Additional height allowed in specifi c areas as identifi ed in Figure 2.02.4 (Regulating Plan: Areas Allowing Additional Height).
Figure 4.08.1 Building Sizing and Massing: Main Street BuildingKey ROW/Design Site LineBuilding Setback Line
Building
Street: Front (Typically narrowest side of Design Site) Street: Side
Alley access required if alley exists
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core Table 4.08.C Pedestrian Access: Main Street Building
Main Entrance Location Front StreetDistance between entries 50' max.
Notes
Ground fl oor shops shall have individual entries.
On corner design sites, ground fl oor units allowed along side street at least 30' from front of design site.On corner design sites, units shall be accessed by a common entry along the side street.
Table 4.08.D Parking Location: Main Street Building
Parking location shall comply with standards in Tables 2.04.E and 2.05.E (Parking Location) of the zone. See Chapter 17.16 (Off -Street Parking and Loading) of Title 17 (Zoning) for additional standards.
Parking may be covered, uncovered, or in a garage.
Table 4.08.E Open Space: Main Street BuildingCommon Open Space Common open space is not required.
Street: Front (Typically narrowest side of Design Site) Street: Side
Alley access required if alley exists
Figure 4.08.2 Pedestrian Access, Parking Location and Open Space: Main Street Building Key
ROW/Design Site LineBuilding Setback Line
Frontage
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4.09 Lined Building
A combined building that consists of two main components: an interior building, typically a parking garage, or a movie theater, etc., and an exterior building "liner" that conceals the interior building from the street and typically consists of ground-fl oor retail and upper-story residential units.
Table 4.09.A Building Type Standards: Lined Building
Buildings per Design Site 1 max.
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core Table 4.09.B Building Sizing and Massing: Lined Building Height
Stories 4 max.1
Main Body (Exterior)
Width 320' max.Depth 30' min.Length 420' max.
Main Body (Interior)
Width 180' max.Depth 210' max.
Wing(s)
Not Allowed
Notes
Facades shall be designed in compliance with Chapter 5 (Massing and Facade Articulation Standards).Side of interior building exposed to a street, civic space, or neighboring building shall be lined by the exterior building.1. Additional height allowed in specifi c areas as identifi ed in Figure 2.02.4 (Regulating Plan: Areas Allowing Additional Height).
Street: Side
Street: Side
Alley access required if alley exists
Figure 4.09.1 Building Sizing and Massing: Lined Building Key
ROW/Design Site LineBuilding Setback Line
Building
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core Table 4.09.C Pedestrian Access: Lined Building
Main Entrance Location Front StreetDistance between entries 50' max.
Notes
Ground fl oor shops shall have individual entries.
On corner design sites, ground fl oor units allowed along side street at least 30' from front of design site.On corner design sites, units shall be accessed by a common entry along the side street.
Table 4.09.D Parking Location: Lined Building
Parking location shall comply with standards in Tables 2.04.E and 2.05.E (Parking Location) of the zone. See Chapter 17.16 (Off -Street Parking and Loading) of Title 17 (Zoning) for additional standards.
Parking may be covered or uncovered.
Table 4.09.E Open Space: Lined BuildingCommon Open Space Width 50' min.Depth 50' min.
Street: Side
Street: Side
Alley access required if alley exists
Figure 4.09.2 Pedestrian Access, Parking Location and Open Space: Lined Building Key
ROW/Design Site LineBuilding Setback Line
FrontageCommon Open Space
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core Chapter 5 Massing and Facade Articulation Standards
5.01 PurposeThe standards in this Chapter are intended to promote local prevalent patterns that strongly contribute to the Downtown's unique physical character while allowing for creativity and innovation. 5.02 Overview and Application 1. The standards described in this Section apply to all new development and facade modifi cations for buildings developed under the standards of this document.
2. Building facades along a street or civic space shall be designed in compliance with the standards identifi ed in this Section, and shall apply the guidelines specifi ed in Downtown Orinda Architectural Design Styles Guidelines to the extent practicable. An overview of the standards is provided in Table 5.02.A (Overview of Massing and Facade Articulation Standards) below.
Table 5.02.A Overview of Massing and Facade Articulation StandardsStandard Building length along adjacent sidewalk1 < 75' 75' to 100' >100' >150'
Massing and Composition (Refer to Section 5.03)
Allowed Required Required Required
Tripartite Facade Articulation (Refer to Section 5.04)
Allowed Required Required Required
Windows and Openings (Refer to Section 5.05)
Allowed Allowed Required Required
Corner Elements (Refer to Section 5.06)
Prohibited Allowed Allowed Allowed
Mansard Roofs(Refer to Section 5.07)
Allowed Allowed Allowed Allowed
1 As measured along street or adjacent civic space.
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5.03 Massing and Composition
This Section prescribes standards for the articulation of building facades to maintain the visual quality of Downtown, and to ensure that new development is harmonious in scale with existing development. Application. The standards in this Section shall apply to all new development and facade modifi cations of existing buildings in the Downtown Mixed-Use zones as summarized in Table 5.02.A (Overview of Massing and Facade Articulation Standards).
Design Standards. The following standards shall apply:
1. New facades and facade modifi cations along a street or civic space shall be designed to appear as multiple buildings no greater than 75' in length and not repeating the same massing and composition.
2. Building facades shall be arranged in an orderly
composition of window bays/ openings based on prevalent patterns of 3, 5 or 7 bays.
3. Facades shall be designed in a symmetrical or asymmetrical composition with a quantifi able pattern.
4. The pattern shall be visually expressed through the spacing of openings, physical recesses, projections or other techniques.
5. The pattern may include the ground fl oor and its
mezzanine.
3, 5, 7-bay facade
composition
Figure 5.03.1 Illustrative examples of facade massing and composition Symmetric facade
composition
Asymmetric facade
composition
ElevationElevationElevation
ElevationElevationElevation
ElevationElevation
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5.04 Tripartite Facade Articulation
This Section prescribes standards for the articulation of building facades to maintain the visual quality of Downtown. For new building facades, tripartite articulation is required, which is a method of visually organizing a building facade into three sections: a base, a middle and a top. Application. The standards in this Section shall apply to all new development and facade modifi cations of existing buildings in the Downtown Mixed-Use zones with building length greater than 75', as summarized in Table 5.02.A (Overview of Massing and Facade Articulation Standards).
Design Standards. The following standards shall apply:
1. New facades and facade modifi cations along a street or civic space shall be designed to visually express a base, middle, and top.
2. Combinations of colors, materials, and massing may be used to visually express a base, middle, and top.
3. The building articulation shall include a base, middle and top as follows:A. Building Base. The base shall be a minimum of one story in height. For buildings taller than 3 stories the base may be up to 2-stories tall.
B. Building Middle. The middle shall be a minimum of
one-story in height.
C. Building Top. The top may include multiple stories
including building stepbacks but should not exceed the height of the building's middle. Parapets, cornices and entablatures may be used to articulate the top.
Figure 5.04.1 Example of a Tripartite Articulation of a building facadeFigure 5.04.2 Examples of facades with a distinct base (A), middle (B) and top (C).
Building BaseBuilding MiddleBuilding Top
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5.05 Windows and Openings
This Section describes standards for the composition of window bays and openings to maintain the visual quality of Downtown. Application. The standards in this Section shall apply to all new development and facade modifi cations of existing buildings in the Downtown Mixed-Use zones with building length greater than 100', as summarized in Table 5.02.A (Overview of Massing and Facade Articulation Standards).
Design Standards. The following standards shall apply:
1. New facades and facade modifi cations shall be designed to include an orderly composition of window bays and openings.
2. All building facades shall be designed to include squareor vertically-oriented windows and openings, including groupings of windows and openings, coordinated with the building facade composition as per Section 5.03 (Massing and Composition).
3. Location of balconies when used should be coordinated with windows and doors on the facade, and with the composition of bays on the building facade.
4. Buildings at least 100' in length along the street are required to include projected or recessed window bays.
5. Bay windows shall have either a square or a chamfer profi le.
Square profi le bay window
Elevation
Plan
Chamfer profi le bay window
Elevation
Plan
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5.06 Corner Elements
This Section prescribes standards for corner elements for applicable facades in Downtown, to give visual prominence to street corners. Note that Corner Elements are allowed, but their use is optional in both Downtown Mixed-Use zones.Application. The standards in this Section shall apply to all development and facade modifi cations of existing buildings in the Downtown Mixed-Use zones where building facade length along a street corner is at least than 75', as summarized in Table 5.02.A (Overview of Massing and Facade Articulation Standards).
Design Standards. The following standards shall apply:
1. Corner elements shall incorporate at least one entire story within the composition and may extend from the second fl oor to the top of the building (overhanging the ground fl oor).
2. The horizontal area or footprint occupied by a corner element may not exceed 15' x 15'.
3. Corner elements may exceed the maximum allowed overall height for the zone shown in Figure 2.02.1 (Regulating Plan) and Figure 2.02.4 (Regulating Plan: Areas Allowing Additional Height) to the extent allowed for architectural projections in Section 17.4.19 of Title 17 (Zoning).
4. Corner elements may be recessed or projected from the main facade by up to 4'. Projections over the right of way are allowed when at least 14' above the adjacent sidewalk.
Square-profi le
corner element
Elevation
Plan
Figure 5.06.1 Examples of corner elements
Elevation
Plan
Octagon-profi le
corner element
Elevation
Plan
Chamfered-profi le
corner element
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5.07 Mansard Roofs
This Section prescribes standards for mansard roof forms in Downtown. Note that Mansard roofs are allowed, but their use is optional in both Downtown Mixed-Use zones. Mansard roof forms are exempt from upper story stepbacks that are described in the zone standards for the Downtown Mixed-Use zones; instead, the standards in this Section shall apply.Application. The standards in this Section shall apply to all new development and facade modifi cations of existing buildings in the Downtown Mixed-Use zones, as summarized in Table 5.02.A (Overview of Massing and Facade Articulation Standards).
Design Standards. The following standards shall apply:
1. Mansard roofs must begin from the highest story. A doublemansard roof must include the top two stories of the building.
2. For buildings with a maximum height of up to 3 stories only a single-mansard roof is allowed.
3. For buildings with a maximum height of up to 5 stories, a double-mansard roof is allowed.
4. The maximum angle for a mansard roof shall be 70 degrees (a rise of approximately 15 units for a run of 12 units).
5. Dormer windows are allowed on a mansard roof. Dormer windows are required to be coordinated with the composition of bays on a building facade, with dormer windows provided for a minimum of half the number of bays being used for building facade composition. Refer to Section 5.03 (Massing and Composition). Dormer windows shall be smaller in size than the main windows on the building facade.
Figure 5.07.1 Examples of mansard roofs
Single-mansard roof
Double-mansard roof
Elevation
Elevation
Section
Section
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core Chapter 6 Frontage Standards
6.01 PurposeThis Chapter sets forth standards applicable to all frontages. Frontages are the components of a building that provide the transition and interface between the public realm (street and sidewalk) and the private realm (yard or building). 1. The names of the frontage types indicate their particular confi guration or function and are not intended to limit uses within the associated building. For example, a porch may be used by non-residential uses including, but not limited to a restaurant or offi ce as allowed by the zone.
2. Each building shall include at least one frontage type along the building facade fronting a street or a civic space.
3. Each building may have multiple frontage types in compliance with the allowed types in the zone.
4. Frontage types not listed in Table 2.03.F Frontages: DCOR Zone or Table 2.04.F Frontages: DG Zone of the zone are not allowed in that zone. Refer to Table 6.02.A Frontage Types Overview for an overview of types.
5. Each frontage type shall be located in compliance with building setbacks and facade zone per Table 2.03.C Building Placement: DCOR Zone and Table 2.04.C Building Placement: DG Zone.
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6.02 Frontage Types Overview
Table 6.02.A (Frontage Types Overview) provides an overview of the allowed Frontage Types per zone.
Table 6.02.A Frontage Types OverviewBuilding Type Allowed in Zones Porch - Projecting. The main facade of the building is set back from the ROW/ Design Site line with a covered structure encroaching into the front setback. The resulting setback area can be defi ned by a fence or hedge to spatially maintain the edge of the street. The Porch may be one or two stories, is open on three sides, with all habitable space located behind the building setback line.
DG
Porch - Engaged. A portion of the main facade of the building encroaches into the front setback to create an area for a covered structure. The Porch may be one or two stories, two sides of the Porch shall be attached to the building and two shall be open. The resulting yard shall be defi ned by a fence or hedge along the street/ sidewalk.
DG
Dooryard. The main facade of the building is set back from the front design site line, which is defi ned by a low wall, hedge, or other allowed screening, creating a small private area between the sidewalk and the facade. Each Dooryard is separated from adjacent Dooryards, and may be raised or at grade.
DCORDG
Stoop. The main facade of the building is near the front design site line with steps to an elevated entry. The Stoop is elevated above the sidewalk to provide privacy along the sidewalk-facing rooms. Stairs or ramps from the Stoop may lead directly to the sidewalk or may be parallel to the sidewalk and may encroach into a side setback.
DCOR; Side Street OnlyDG; Side Street Only
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Building Type Allowed in Zones
Forecourt. The main facade of the building is at or near the front design site line and a portion is set back, extending the public realm into the design site for an entry court or shared garden space for housing, or as an additional shopping or restaurant seating area within retail and service areas.
DCORDG
Shopfront. The main facade of the building is at or near the front design site line with at-grade entrance along the sidewalk. This type is intended for service, retail, or restaurant use and includes substantial glazing between the Shopfront base and the ground fl oor ceiling and may include an awning that overlaps the sidewalk.
DCOR
Terrace. The main facade is at or near the front design site line with steps leading to an elevated area providing public circulation along the facade. This type is used to provide outdoor areas along the sidewalk for housing or to accommodate an existing or intended grade change for retail, service or offi ce uses.
DCORDG
Gallery. The main facade of the building is set back at or near the front design site line and an at-grade covered structure, typically articulated with colonnade or arches, covers an area in the right-of-way. This type may be one or multiple stories. When used in non-residential settings, the Shopfront Type is included; when used in residential settings, Stoops, Dooryards, and Forecourts are included.
DCOR
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6.03 Porch - Projecting
Setback line ROW line Street
C
D
B
Setback line ROW line Street
E
B
A
Table 6.03.A Frontage Standards: Porch - ProjectingDescription The main facade of the building is set back from the ROW/ Design Site line with a covered structure encroaching into the front setback. The fi nish fl oor level is elevated above the sidewalk. The resulting setback area can be defi ned by a fence or hedge to spatially maintain the edge of the street. The Porch may be one or two stories, is open on three sides, with all habitable space located behind the building setback line.
Applicability
Refer to Table 6.02.A (Frontage Types Overview) for allowed zones.
Size
Width, Clear 10' min.Depth, Clear 6' min.Height, Clear 8' min.Overall Height 1 fl oor max. above ground fl oor
Finish Level above Sidewalk 1' min.Pedestrian Access 3' wide min.
Miscellaneous
Porches shall be open on three sides and have a roof. When including ramps for accessibility, design standards in Title 17 (Zoning) shall apply.A Projecting Porch is not allowed to encroach within a public right-of-way, or across the design site line.
Figure 6.03.2 Design standards for a Projecting Porch
ROW/Design Site Line Building Setback Line
Figure 6.03.1 Example of a Projecting Porch (photo is illustrative, not regulatory) Elevation Plan
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6.04 Porch - Engaged
B
A E
Table 6.04.A Frontage Standards: Porch - EngagedDescription A portion of the main facade of the building encroaches into the front setback to create an area for a covered structure. The Porch may be one or two stories, two sides of the Porch shall be attached to the building and two shall be open. The resulting yard shall be defi ned by a fence or hedge along the street/ sidewalk. All fi nish fl oor levels are elevated above the sidewalk.
Applicability
Refer to Table 6.02.A (Frontage Types Overview) for allowed zones.
Size
Width, Clear 8' min.Depth, Clear 6' min.Height, Clear 8' min.Overall Height 2 fl oors max. Finish Level above Sidewalk 1' min. within 10' of sidewalk; no min. beyond 10' from sidewalk
Pedestrian Access 3' wide min.Depth, main facade of building encroachment area 6' max.
Width, main facade of building encroachment area
1/3 min. of overall building facade; width may not exceed width of Porch Miscellaneous
When including ramps for accessibility, design standards in Title 17 (Zoning) shall apply.An Engaged Porch is not allowed to encroach within a public right-of-way, or across the design site line.
Setback line ROW line Street Setback line ROW line Street C
D
B
F
Figure 6.04.1 Example of an Engaged Porch (photo is illustrative, not regulatory) Elevation Plan
Figure 6.04.2 Design standards for an Engaged Porch
ROW/Design Site Line Building Setback Line
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6.05 Dooryard
Table 6.05.A Frontage Standards: DooryardDescription
The main facade of the building is set back from the front design site line, which is defi ned by a low wall, hedge, or other allowed screening, creating a small private area between the sidewalk and the facade. Each Dooryard is separated from adjacent Dooryards, and may be raised or at grade.
Applicability
Refer to Table 6.02.A (Frontage Types Overview) for allowed zones.
Size
Length 10' min.Depth, Clear 6' min.Horizontal Distance between Door and Window Openings 4' max.
Depth of Recessed Entries 1' max.Pedestrian Access 3' wide min.Finish Level above Sidewalk 0" min.Height of Dooryard Fence/ Wall above Finish Level 3' max.
Miscellaneous
Each Dooryard shall provide access to only one ground fl oor entry.A Dooryard is not allowed to encroach within a public rightof-way, or across the design site line.
F G
B
Setback line ROW line Street Setback line ROW line Street C
B
A
E
D
Figure 6.05.1 Example of a Dooryard (photo is illustrative, not regulatory) Elevation Plan
Figure 6.05.2 Design standards for a Dooryard
ROW/Design Site Line Building Setback Line
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6.06 Stoop
Table 6.06.A Frontage Standards: StoopDescription
The main facade of the building is near the front design site line with steps to an elevated entry. The Stoop is elevated above the sidewalk to provide privacy along the sidewalkfacing rooms. Stairs or ramps from the Stoop may lead directly to, or be parallel to the sidewalk.
Applicability
Refer Table 6.02.A (Frontage Types Overview) for allowed zones.
Size
Width, Clear 5' min.Depth, Clear 3' min.Height, Clear 8' min.Finish Level above Sidewalk 1' min.Depth of Recessed Entry 5' max.
Miscellaneous
Stairs may be perpendicular or parallel to the building facade.When including ramps for accessibility, design standards in Title 17 (Zoning) shall apply.Entry doors may be covered to provide shelter.Gates are not allowed.All doors shall face the street.A Stoop is not allowed to encroach within a public right-ofway, or across the design site line.
Setback line ROW line Street
C
D
B
Setback line ROW line Street
B
E
A
Elevation Plan
Figure 6.06.1 Example of a Stoop (photo is illustrative, not regulatory)Figure 6.06.2 Design standards for a Stoop ROW/Design Site Line Building Setback Line
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6.07 Forecourt
C
width (w)
h<2w
height (h)
Table 6.07.A Frontage Standards: ForecourtDescription
The main facade of the building is at or near the front design site line and a portion is set back, extending the public realm into the design site for an entry court or shared garden space for housing, or as an additional shopping or restaurant seating areas.
Applicability
Refer to Table 6.02.A (Frontage Types Overview) for allowed zones.
Size
Width, Clear 15' min.Depth, Clear 15' min.Ratio, Height to Width 2:1 max.Finish Level above Sidewalk 1' max.
Miscellaneous
May be utilized to group several entries at a common elevation in compliance with accessibility standards.When including ramps for accessibility, design standards in Title 17 (Zoning) shall apply.A Forecourt is not allowed to encroach within a public rightof-way, or across the design site line.
D
B
Setback line ROW line Street
B
A
Setback line ROW line Street
Figure 6.07.1 Example of a Forecourt (photo is illustrative, not regulatory) Elevation Plan
Section
Figure 6.07.2 Design standards for a Forecourt
ROW/Design Site Line Building Setback Line
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6.08 Shopfront
Table 6.08.A Frontage Standards: ShopfrontDescription
The main facade of the building is at or near the front design site line with at-grade entrance along the sidewalk. This type is intended for service, retail, or restaurant use and includes substantial glazing between the Shopfront base and the ground fl oor ceiling and may include an awning that overlaps the sidewalk.
Applicability
Refer to Table 6.02.A (Frontage Types Overview) for allowed zones.
Size
Distance between Glazing 3' max.Ground Floor Glazing between Sidewalk and Finished Ceiling Height 75% min.
Depth of Recessed Entries 5' max.Shopfront Base 12" min., 30" max.Finish Level above Sidewalk At grade Awning
Depth 3' min.Setback from Curb 2' min.Height, Clear 14' min.
Miscellaneous
Mirrored or other refl ective fi nishes, opaque, or other fi nishes that diminish views into and out of the ground fl oor are not allowed.Accordion-style doors/ windows or other operable windows that allow the space to open to the street are allowed.A Shopfront is not allowed to encroach within a public rightof-way, or across the design site line; awnings are exempt.
E
B
C D
Setback/ROW line Street Setback/ROW line Street
A
Figure 6.08.1 Example of a Shopfront (photo is illustrative, not regulatory) Elevation Plan
Figure 6.08.2 Design standards for a Shopfront
ROW/Design Site Line Building Setback Line
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6.09 Terrace
Setback line ROW line Street
B A
Setback line ROW line Street
A C
Table 6.09.A Frontage Standards: TerraceDescription
The main facade is at or near the front design site line with steps leading to an elevated area providing public circulation along the facade. This type is used to provide outdoor areas along the sidewalk for housing or to accommodate an existing or intended grade change for retail, service or offi ce uses.
Applicability
Refer to Table 6.02.A (Frontage Types Overview) for allowed zones.
Size
Depth of Terrace 8' min. for
Residential,12' min. for Non-Residential.
Finish Level above Sidewalk 2' max.Distance between Stairs 25' max.
Miscellaneous
Low walls used as seating are allowed.May be utilized to group several entries at a common elevation in compliance with the zones' ground fl oor fi nish level standards.When including ramps for accessibility, design standards in Title 17 (Zoning) shall apply.A Terrace is not allowed to encroach within a public right-ofway, or across the design site line.
Figure 6.09.1 Example of a Terrace (photo is illustrative, not regulatory) Elevation Plan
Figure 6.09.2 Design standards for a Terrace
ROW/Design Site Line Building Setback Line
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6.010 Gallery
Table 6.010.A Frontage Standards: GalleryDescription
The main facade of the building is set back at or near the front design site line and an at-grade covered structure, typically articulated with colonnade or arches, covers an area in the right-of-way. This type can have one or multiple stories. When used in non-residential settings, the Shopfront Type is included; when used in residential settings, Stoops, Dooryards, and Forecourts are included.
Applicability
Refer to Table 6.02.A (Frontage Types Overview) for allowed zones.
Size
Depth, Clear 8' min. Ground Floor Height, Clear 12' min.Roof Deck Height, Clear 9' min.Setback from Curb 18" min.
Miscellaneous
Building facade shall follow the standards of the Shopfront Frontage Type when a Shopfront and Gallery are used together. Habitable Space Roof Deck above Gallery may be covered (but is not habitable space).Galleries shall have a consistent depth.Galleries are allowed to project over the sidewalk in the public right-of-way.Frontage type allowed within ROW, or across design site line.
F C
B
ROW/ Setback line Sidewalk Street
E
D
A
ROW/ Setback line Sidewalk Street
Elevation Plan
Figure 6.010.1 Example of a Gallery (photo is illustrative, not regulatory)Figure 6.010.2 Design standards for a Gallery ROW/Design Site Line Building Setback Line
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7.01 PurposeThis Chapter includes defi nitions for specialized terms and phrases used in this Chapter. All other applicable defi nitions are in Chapter 17.2 (Defi nitions) of Title 17 (Zoning). This chapter also includes information regarding the methods and measurements for Facade Zone and Highest Top Plate. For other measurement methods, refer to Title 17 (Zoning). 7.02 Methods of MeasurementThe following methods of measurement shall apply: 1. Building within Facade Zone.
A. Applicability. The Facade Zone standards apply to new buildings and additions along the front and side street of a design site. Refer to Tables 2.04.C and 2.05.C (Building Placement) of the zone for Facade Zone requirements.
B. Methodology. The required amount is expressed in the zone standards as a percentage. The methodology to calculate this percentage is demonstrated through an example below for the front Facade Zone on a design site 50' wide with a Facade Zone requirement of 50%. The same approach is to be applied to the side street, using the minimum front and rear building setbacks. The steps are:(1) Identify width of design site (in this example: 50') and apply required building side setbacks (in this example: 5').
(2) Subtract the total length of required side setbacks from the width of the design site. The result is net applicable width for calculating the Facade Zone requirement (in this example: 50' - [5' + 5'] = 40'). 58 Objective Design Standards for Multifamily Residential Housing in the Downtown Core and Downtown General Zoning Districts September 17, 2025 E.1.e
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core (3) Multiply the required minimum percentage in the zone standards (in this example: 50%) by the net applicable width of the design site (in this example: 40'). (4) The result is the minimum length, in feet, of building facade that shall be placed in or abutting the Facade Zone (in this example: 20'). (5) Note that the length required to be be within the Facade Zone (in this example: 20') may abut the Facade Zone, be within the Facade Zone, or a mix of both. (6) For corner sites, Facade Zone requirements shall apply to both the streetfronting facades. For the side of the design site, subtract the sum of the front and rear setbacks from the site depth to get the applicable depth.
Table 7.02.A Example: Facade Zone Calculation
Width of Design Site 50'Subtract Side Setback on left - 5'Subtract Side Setback on right - 5'Resultant Width for Facade Zone Calculation 40'
Zone Standard 50%Length of Facade required to be within or abutting Facade Zone 20' (50% of 40')
Abutting Facade Zone Within Facade Zone
Side Street
Front Street (Typically the narrowest side of a Design Site) Figure 7.02.1 Example of Facade Zone calculation
Design Site WidthDesign Site DepthSide Setbacks (subtract from Design Site Width) Front and Rear Setbacks (subtract from Design Site Depth) Abutting and Within Facade Zone At Front of Facade Zone Examples of building facade design to meet Facade Zone requirements 59 Objective Design Standards for Multifamily Residential Housing in the Downtown Core and Downtown General Zoning Districts September 17, 2025 E.1.e
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2. Building Heights
Highest Top Plate. This is the vertical distance between adjacent fi nished grade and the bottom of the highest top plate/eave of the building. Please note:
(1) For buildings with a pitched roof the measurement is to the highest eave. (2) For buildings with a parapet and fl at roof, the measurement is to the highest top plate.
Highest Eave. The measurement is to the bottom of the eave assembly. In this Chapter, an eave is considered to be the edge of the roof that overhangs the face of the wall. The bottom of the eave can range from the exposed rafters to a fi nished horizontal surface.Overall Height. The vertical distance between adjacent fi nished grade and the highest part of the structure directly above.
Flat Roofed Buildings
Street Street
Pitched Roof Buildings
Figure 7.02.2 Calculation of building heights
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7.03 Defi nitions
Architectural Features. Exterior building elements intended to provide ornamentation to the building, including, but not limited to: eaves, cornices, bay windows, window and door surrounds, light fi xtures, canopies, and balconies.Bay Window. A window that projects from the building facade that begins on the ground fl oor and can extend to upper fl oors, or begin on an upper fl oor.Block. An area of land separated from other areas by adjacent streets, rights of-way, public areas or a jurisdiction boundary. Block Face. The aggregate of all building facades on one side of a block. The block face provides the context for establishing architectural harmony.Block-Form, Building. A building that is individually as large as a block or individual buildings collectively arranged along a street to form a continuous facade as long as most or all of a block.Block Length. The horizontal distance measured from one end of the block to the other end along the same street. Block Perimeter. The aggregate of all sides of a block measured along the adjacent streets.Buildable Area. The horizontal area in which a building can be constructed.Building Entrance. A point of pedestrian ingress and egress to the front of a building along the sidewalk of the street immediately adjacent to the building.Building Envelope. The three-dimensional shape resulting from applying all required building setbacks, maximum building height, upper fl oor stepbacks, and facade/ massing articulation requirements.
Building Depth. The horizontal distance from one end of the building to the other end measured perpendicular to the front design site line, including wings. Building Facade. The exterior wall of a building adjacent to a street, or civic space, the front or side along a private street.Building Form. The overall shape and dimensions of a building.Building Frontage. The ground fl oor facade(s) parallel to and along each adjoining street and/or open space.Building Width. The horizontal distance from one end of the building to the other end measured parallel to the front design site line, including wings. Ceiling Height, Ground Floor. The height from fi nished fl oor to fi nished ceiling of primary rooms on the ground fl oor, not including secondary rooms such as bathrooms, closets, utility rooms, and storage spaces.Chamfered Corner. An external wall of a building joining two perpendicular exterior walls, typically at a symmetrical, 45 degree angle creating a beveled edge to the building rather than a 90 degree corner.Civic. A term defi ning not-for-profi t organizations that are dedicated to arts, culture, education, religious activities, recreation, government, transit, and public parking facilities.Civic Building. A structure operated by governmental or notfor-profi t organizations and limited to civic and related uses.
Common Open Space. A portion of a development held in common and/or single ownership and not reserved for the exclusive use or benefi t of an individual tenant or owner and is available for use by all persons who reside or work in the building or on the design site. Examples of Common Open Space include backyards, courtyards, and rooftops. 61 Objective Design Standards for Multifamily Residential Housing in the Downtown Core and Downtown General Zoning Districts September 17, 2025 E.1.e
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core Corner Element. A physical distinction in a building at the corner of two streets or a street and civic space. The physical distinction is from the ground fl oor through a majority of the
facade or through the top of the facade.Corner Entry. A pedestrian entrance located on the corner of a building or design site.Courtyard. An unroofed area that is completely or partially enclosed by walls or buildings on at least two sides and often shared by multiple residential units or non-residential suites.Depth, Ground Floor Usable Space. The distance from the street-facing facade to the rear interior wall of the groundfl oor space available to allowed uses.Depth-to-Height Ratio. The relationship of the depth of a space measured perpendicular to a building divided by the height of the adjacent wall(s).Design Site. An individual parcel within the Downtown Core or Downtown General zones; and/or a combination of several parcels within either the Downtown Core or Downtown General zone to form a larger design site. Design Site Line, Front. The perimeter boundary of a design site along the narrow side of the design site as compared to the design site's depth. The front is typically narrower than the side and provides the physical location for the address of the design site. Exceptions to this approach are historic design sites that can have front design site lines that exceed the length of the side design site lines. Disposition, Formal. Composed in a formal arrangement, in a regular, classical, and typically symmetrical manner.Disposition, Informal. Composed in an informal character with a mix of formal and natural characteristics.Distance Between Entries. The horizontal distance measured parallel to the facade between entrances to a building or buildings.
Dooryard. See Section 6.05 (Dooryard). Double-Loaded, Building. A building containing dwellings and/or commercial suites with common hallways for access on both sides of hallways to the dwellings and/or suites.Elevated Ground Floor. A ground fl oor located above the
grade plane of the adjacent sidewalk.Emergency Shelter. A facility for public safety and, including police and fi re protection and emergency ambulance service.
Encroachment. Any architectural feature, structure, or structural element, that breaks the plane of a vertical or horizontal regulatory limit extending into a setback, or above a height limit.Entry. An opening, such as a door, passage, or gate, that allows access to a building or design site.Entry, Primary. The opening that allows access to a building directly from the sidewalk along the front facade.Entry, Service. An entrance located toward or at the rear of the building intended for the delivery of goods and removal of refuse.Facade. See Building Facade.Facade Zone. The area between the minimum and maximum setback lines along the front of a design site and along the side street of a corner design site. This area is where a minimum horizontal length of the building facade is required to be placed. The maximum horizontal length of the building facade is limited by the required side setbacks. The horizontal length of the facade not required to be in the facade zone may be placed anywhere within the allowed setbacks of the zone. Finish Level, Ground Floor. The height di ff erence between
the
fi nished
fl oor on the ground
fl oor and the adjacent
sidewalk. In the case of a terrace frontage, the
fl oor
fi nish
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core level is the height of the walk above the adjacent street.
Regulations for ground
fl oor
fi nish level for ground
fl oor
residential uses do not apply to ground
fl oor lobbies and
common areas in buildings.Flex Space. A room or group of internally connected rooms designed to accommodate future commercial uses, while initially accommodating less intense short-term uses, such as residential or live/work, until the commercial demand has been established.Floorplate. The square footage area measurement of either the gross or the rentable fl oor area of a
fl oor in a building.
Floorplate, Non-residential. The square footage area measurement of a fl oorplate dedicated to non-residential
uses.Floorplate, Residential. The square footage area measurement of a fl oorplate dedicated to residential uses.
Footprint, Building. The outline of the area of ground covered by the foundations of a building or structure.Forecourt. See Section 6.07 (Forecourt).Freestanding Wall. A wall that is separate from a building and supported by independent means.Front. See Design site Line, Front.Frontage, Private. The area between the building facade and the back of the sidewalk abutting a street or civic space.Frontage, Public. The area between the on-street parking and the back of the sidewalk.Frontage Type. Physical element(s) con fi gured to connect
the building facade to the back of the sidewalk abutting a street or civic open space.Gable. A vertical wall in the shape of a triangle formed between the cornice or eave and the ridge of the roof.
Gallery. See Section 6.10 (Gallery).
Glazing. Openings in a building in which glass is installed.Gross Floor Area. The total fl oor area inside the building
envelope, including the external walls, but not including the roof.Height, Building. The vertical distance between the highest top plate in the building measured along the adjacent sidewalk or civic space.Hostile Architecture/ Design. The deliberate use of design features to prevent long-term use of public spaces, such as the use of studs or spikes on horizontal surfaces, or handles in the center of public benches to prevent their use for sleeping. Also known as defensive architecture, exclusionary design, and defensive urban design.House-Form, Building. A building that is the size of a smallto-large house and detached from other buildings, typically ranging from 20 feet to as large as 80 feet overall in width, including wings.Improvement. The product of any modi fi cation to a site,
structure or building.Landing. A level area at the top or bottom of a staircase or between one
fl ight of stairs and another.
Main Body. The primary massing of the main building on a design site.Main Building. The building that contains the principal use of the design site on which it is situated.Main Facade. The front facade of a building.Major. Having a greater size, scope, e ff ect, characteristic
or quality relative to the other corresponding sizes, scopes, e ff ects, characteristics or qualities; or being the greater of two or more.
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Porch Engaged. See Section 6.04 (Porch - Engaged).Porch Projecting. See Section 6.03 (Porch - Projecting).
Private Open Space. The area of a building that contains a space specifi cally for the occupants of the building individually. Examples of Private Open Space include backyards, and rooftops. Public Realm. Publicly owned places and spaces such as streets, sidewalks, alleys, parks, etc. that are freely accessible to the general public. Public Use. A use undertaken by a political subdivision, its agents or assigns.Rear. Opposite of front.Rear Loaded (Rear Access). Design sites that provide vehicular access from the rear of the design site.Recessed Entry. A building entrance that is recessed from the facade of the building.Semi-Public Use. A use owned or operated by a non-profi t organization, private institution or foundation.Service Entries. Building access for service activities.
Setback, Building. The required clear distance between a design site line and the building.Setback, Parking. The required clear distance between a design site line and parking.Shared Parking. Any parking spaces assigned to more than one user, where diff erent persons utilizing the spaces are unlikely to need the spaces at the same time of day.Shopfront. See Section 6.08 (Shopfront).
Shopfront Base. A very low wall, that does not include glass, between the display window(s) of a shopfront and the adjacent sidewalk. Sidewalk. A paved area along a street intended exclusively for pedestrian use and often installed between the street and a design site. 64 Objective Design Standards for Multifamily Residential Housing in the Downtown Core and Downtown General Zoning Districts September 17, 2025 E.1.e
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core Single-Loaded, Building. A building containing dwellings and/or commercial suites without common hallways for access on one side of the hallway to the dwellings and/or suites.Stealth Design. The eff ect of integrating an element such as a cellular antenna into a building that results in the element being unobtrusive and not easily perceived from adjacent public sidewalks and civic space.Stoop. See Section 6.06 (Stoop).Street, Front. Street located along the front design site line.Street, Side. Street located along a design site line that is not the front or the rear design site line.Street Frontage, Principal. The property line of a design site parallel to and along the public right-of-way which it borders and which is identifi ed by an offi cially assigned street address.
Street Tree. A tree of any species or size planted in open spaces, parkways, sidewalk areas, easements, and streets.Terrace. See Section 6.09 (Terrace).
Upper Floor. A fl oor in a building containing habitable space that is located above the ground fl oor.Walkability. The condition in which is an area pedestrianoriented, where bicycling and walking are viable daily options because services, retail and food uses are within a short walking distance of most dwellings.Wall Plane. A vertical surface defi ned by the facade(s) of a building(s).Width-to-Height Ratio. The ratio of the horizontal size of a space measured perpendicularly to the vertical height of a building. 65 Objective Design Standards for Multifamily Residential Housing in the Downtown Core and Downtown General Zoning Districts September 17, 2025 E.1.e
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core Appendix A Approved Plant Palette
Plantings on parcels or design sites shall contain species listed on this approved plant palette. This plant palette consists primarily of native species that may be used in any area of a parcel or design site. Alternative plant material may be proposed, but shall meet the criteria of being zone appropriate, non-invasive, fi re resistant, and low water use.In the case of a discrepency between plantings approved or disallowed by the Moraga-Orinda Fire District and plantings in the Approved Plant Palette, the Moraga-Orinda Fire District determination will take precedence.
Acer circinatum Vine MapleAcer macrophyllum Big Leaf MapleAcer negundo var. californicum Box-ElderAcer palmatum Japanese MapleAesculus californica California BuckeyeAesculus carnea ‘Briotti’ Red HorsechestnutAlnus rhombifolia White AlderArbutus ‘Marina’ Madrone ‘Marina’Arbutus menziesii MadroneArbutus unedo Strawberry TreeCercis occidentalis Western RedbudCercis Canadensis ‘Forest Pansy’ Eastern RedbudChitalpa tashkentensis ChitalpaCitrus spp. Citrus TreeComarostaphylis diversifolia Summer HollyCrataegus phaenopyrum Washington HawthornEriobotrya spp. Loquat TreeFraxinus latifolia Oregon AshJuglans californica var. hindsii N. California Black WalnutLaurus nobilis Sweet BayLagerstroemia indica Crape Myrtle Metrosideros excelsus New Zealand Christmas TreeOlea europaea ‘Fruitless’ Fruitless OlivePlatanus racemosa California SycamorePistacia chinensis Chinese PistachePopulus fremontii Fremont CottonwoodPrunus x blireana Flowering PlumPrunus sargentii Sargent CherryPyrus calleryana 'Aristocrat' Flowering PearPyrus kawakamii Evergreen PearQuercus agrifolia Coast Live OakQuercus douglasii Blue OakQuercus kelloggii California Black OakQuercus lobata Valley OakRhus lancea Sumac TreeSalix exigua Sandbar WillowSalix laevigata Red WillowSalix lasiolepsis Arroyo WillowStyrax offi cinalis California StoraxUmbellularia californica California BayVitex agnus-castus Chaste Tree Trees
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core Abelia grandifl ora Glossy Abelia
Abutilon spp. Chinese LanternAeonium, Cotyledon, Dudleya SucculentsAlyogne huegelii Blue HibiscusAnemone hybrida Japanese AnemoneArbutus unedo ‘Compacta’ Compact Strawberry TreeArctostaphylos spp. ManzanitaArtemesia californica California SagebrushAsparagus densifl orus Asparagus fernAspidistra elatior Cast Iron PlantAzalea southern indica Sun AzaleaBallota pseudodictamnus DittanyBerberis aquifolium Prickly Oregon GrapeBerberis nervosa Cascade Oregon GrapeBerberis pinnata ssp. pinnata Oregon GrapeBerberis darwinii Darwin’s BarberryBergenia crassifolia Winter Blooming BergeniaBoronia heterophylla Red BoroniaBuddleia davidii Butterfl y Bush Callistemon citrinus ‘Little John’ Dwarf Bottle BrushCamellia spp. Camellia Carpenteria californica Bush AnemoneCeanothus spp. Wild LilacCerastium tomentosum Snow-In-SummerCercocarpus betuloides var. betuloides Mountain MahoganyChoisya ternata Mexican OrangeChrysanthemum maximum Shasta DaisyChrysolepis chrysophylla var. minor Bush ChinquapinCistus spp RockroseClivia miniata Orange CliviaColeonema spp. Breath-of-HeavenCoprosma spp. CoprosmaCoreopsis spp. CoreopsisCorrea spp. Australian Fuschia Cornus glabrata Brown DogwoodCornus sericea Red Osier DogwoodCornus stolonifera var. californica Red Stem DogwoodCorylus cornuta californica California HazelnutDaphne odora Winter DaphneDendromecon rigida Bush PoppyDicksonia antarctica Tasmanian Tree FernDirca occidentalis Western LeatherwoodEcheveria, Graptoveria, Senecio SucculentsEchium (Fatuosa) candicans Pride of MadieraElaeagnus (except E. angustifolia) Silver BerryEscallonia spp. No Common NameEuonymus j. microphyllus Boxleaf EuonymusFeijoa sellowiana Pineapple GuavaFestuca ovina glauca Sheep FescueFremontodendron californica Flannel BushGalvezia speciosa Island Bush SnapdragonGarrya elliptica Coast SilktasselGarrya fremontii Fremont’s Silk TasselGaultheria shallon SalalGrevillea ‘Noellii’ Wooly GrevilleaGrindelia hirsutula var. hirsutula Hairy GumplantHebe Spp. HebeHeteromeles arbutifolia ToyonHolodiscus discolor Ocean SprayHydrangea spp. HydrangeaHypericum moserianum Gold FlowerKniphofi a uvaria Red-Hot Poker Lantana montevidensis Trailing LantanaLavandula stoechas Spanish Lavender Lavatera assurgentifolia Tree MallowLeonotis leonurus Lion’s TailLeptospermum spp. Australian Tea TreeLeucodendron spp. Leucodendron Shrubs
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core Leucophyllum frutescens Texas Ranger
Ligustrum japonicum PrivetLonicera involucrata var. ledebourii Coast TwinberryLoropetalum chinensis Chinese Fringe FlowerLotus scoparius var. scoparius Common DeerweedLupinus albifrons Silvery Bush LupineLupinus arboreus var. eximius Yellow Bush LupineMahonia spp. Oregon GrapeMimulus auratiacus Monkey FlowerMyrica californica Pacifi c Wax Myrtle Myrsine africana African BoxwoodMyrtus communis True MyrtleNandina d. ‘Dwarf Varieties’ Heavenly BambooNassella (Stipa) tenuissima Mexican Feather Grass Oemleria cerasiformis Oso BerryOlea e. ‘Little Ollie’ Dwarf OliveOsmanthus fragrans Sweet OlivePaeonia hybrids PeonyPenstemon hybrids Beard TonguePhormium tenax var. New Zealand FlaxPhysocarpus capitatus Pacifi c NinebarkPickeringia montana var. montana Chaparral PeaPittosporum spp. Tobira, TawhiwhiPodocarpus gracilior Fern PinePrunus caroliana ‘Compacta’ Compact Carolina CherryPrunus ilicifolia Hollyleaf CherryPrunus laurocerasus ‘Zabeliana’ Zabel LaurelPrunus virginiana var. demissa Western ChokecherryRhamnus alaternus Italian BuckthornRhamnus californica Coff eeberryRhamnus californica ‘Eve Case’ Coff eeberryRhamnus californica ‘Sea View’ Coff eeberryRhamnus californica ‘San Bruno’ Coff eeberryRhamnus crocea Redberry Rhododendron spp. RhododendronRhus integrifolia Lemonade BushRhus ovata Sugar BushRibes aureum var. gracillimum Golden CurrantRibes californicum var. californicum Monterey GooseberryRibes divaricatum var. pubifl orum Coastal Black GooseberryRibes malvaceum var. malvaceum Chaparral CurrantRibes menziesii Canyon GooseberryRibes quercetorum Rock GooseberryRibes sanguineum Flowering CurrantRibes speciosum Fuschia Flowered GooseberryRibes viburnifolium Catalina FragranceRomneya coulteri Matilija PoppyRosa spp. RosesRosa californica California RoseRosa gymnocarpa Wood RoseRosa rugosa Ramanas RoseRosmarinus spp. RosemaryRubus parvifl orus ThimbleberryRupertia physodes Common rupertiaSalvia ‘Allen Chickering’ SageSalvia ‘Aromas’ SageSalvia leucantha Mexican SageSalvia leucophylla ‘Point Sal’ Point Sal SageSambucus mexicana Blue ElderberrySambucus racemosa Red ElderberrySantolina spp. Lavender CottonSarcococca ruscifolia Fragrant sarcococcaSymphoricarpus albus SnowberrySymphoricarpos mollis Creeping SnowberrySyringa vulgaris LilacTeucrium fruticans GermanderTrichostema lanatum Wooly Blue CurlsVaccinium ovatum California Huckleberry Shrubs
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core Vancouveria planipetala Inside Out Flower
Viburnum elipticum Common ViburnumViburnum spp. ViburnumViburnum tinus Laurustinus Westringia fruticosa WestringiaXylosma congestum XylosmaZauschneria californica California Fuschia Shrubs
Acanthus mollis Bear’s BreechesAchillea spp. YarrowAnigozanthos hybrid Kangaroo PawArctosis spp. African DaisyArctostaphylos spp. ManzanitaArtemesia ‘Powis Castle’ Powis Castle WormwoodAsarum caudatum Wild GingerBaccharis ‘Pigeon Point’ Dwarf Coyote BushCeanothus spp. Wild LilacCistus spp RockroseConvolvulus spp. Morning GloryCorrea spp. Australian FuschiaCotoneaster spp. CotoneasterDietes bicolor Fortnight LilyDisporum hookeri Drops of GoldDisporum smithii Fairy BellsDymondia margaretae DymondiaEpilobium canum ssp. canum California FuschiaErigeron karvinskianus FleabaneEriophyllum confertifl orum var. confertifl orum Golden Yarrow Erysimum ‘Bowles Mauve’ Wallfl ower
Fragaria chiloensis California StrawberryGaura lindheimeri GauraGeranium spp. CranesbillHelianthemum nummularium SunroseHemerocallis var. DaylilyHeuchera spp Coral Bells Iris douglasiana Douglas IrisIris- Pacifi c Coast Hybrids Native Iris Lamiastrum galeobdolon Yellow ArchangelLavandula spp. LavenderLibertia peregrinans Orange LibertiaLiriope (Ophiopogon) spp. Lily Turf Monardella villosa ssp. Villosa Coyote MintMoraea (Dietes) bicolor Fortnight LilyMoraea (Dietes) iridioides Fortnight LilyNepeta faassenii CatmintPenstemon spp. PenstemonRibes viburnifolium Evergreen CurrantRomneya coulteri Matilija PoppyRosmarinus ‘Huntington Carpet’ Huntington Carpet RosemaryRubus calycinoides ‘Emerald Carpet’ Taiwan White RaspberryRubus pentalobus ‘Emerald Carpet’ Taiwan White RaspberrySalvia leucantha Mexican SageSalvia leucantha ‘Santa Barbara’ Dwarf Mexican SageSalvia species SalviaSantolina species Lavender CottonSatureja douglasii Yerba BuenaSedum spathulifolium Yellow StonecropStachys byzantina Lambs EarsThymus spp. ThymeTulbaghia violacea Society GarlicVerbena spp. VerbenaVancouveria planipetala Inside Out Flower Groundcover & Perennials
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core Adiantum aleuticum Five-fi ngered Fern
Blechnum spicant Deer FernDryopteris arguta Coastal Wood FernEquisetum sp. Horsetail Adiantum jordanii California Maiden-hairPolystichum munitum Sword Fern VinesPteridium aquilinum var. pubescen Bracken FernWoodwardia fi mbriata Chain Fern Ferns
Actaea rubra BaneberryAngelica californica California AngelicaArmeria spp. ThriftArtemesia douglasiana California MugwortAsclepias californica California MilkweedAsclepias fascicularis Narrow-Leaf MilkweedAsclepias speciosa Showy MilkweedBrodiaea elegans Elegant BrodiaeaCalochortus luteus Yellow Mariposa LilyCalochortus venustus Butterfl y Mariposa LilyChlorogalum pomeridianum Wavyleaf SoaprootCynoglossum grande Pacifi c Hound’s TongueDelphinium sp. LarkspurDicentra formosa Pacifi c Bleeding HeartDichelostemma capitatum ssp. capitatum Blue DicksDodecatheon clevelandii ssp. Patulum Padre’s shootingstarDodecatheon hendersonii Mosquito BillsEschscholzia californica California PoppyFritillaria affi nis var. affi nis Checker LilyHelenium puberulum SneezeweedHeracleum lanatum Cow ParsnipHeuchera micrantha var. affi nis Checker Lily Lamium spp. Deadnettle
Lathyrus vestitus var. vestitus Common Pacifi c Pea
Limonium spp. StaticeLomatium californicum California LomatiumLomatium utriculatum Common LomatiumMimulus cardinalis Crimson Monkey FlowerMimulus guttatus Seep Monkey FlowerOsmorhiza chilensis Sweet CicelyPerideridia kelloggii Kellogg’s YampahRanunculus californicus California ButtercupSanicula bipinnatifi da Purple SanicleSanicula crassicaulis Pacifi c Black SnakerootSanicula tuberosa Turkey PeaScrophularia californica ssp. californica California Bee-PlantSenecio aronicoides Rayless GroundselSidalcea malvaefl ora Checker MallowSisyrinchium bellum Blue-eyed GrassSisyrinchium californicum Golden-eyed GrassSmilacina racemosa Large False Solomon’s SealSmilacina stellata Little False Solomon’s SealStachys ajugoides var. rigida Rigid Hedge-NettleTauschia hartwegii Hartweg’s Umbrella WortTellima grandifl ora Fringe CupsTrillium chloropetalum Giant TrilliuWyethia angustifolia California Compass PlantWyethia glabrata or helenoides Mule-ears Herbs
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core Bromus carinatus California Brome
Bromus laevipes Chinook BromeCalamagrostis ‘Karl Forester’ Feather Reed GrassCarex barbarae Santa Barbara SedgeCarex comans New Zealand Hair SedgeCarex nudata Torrent SedgeCarex praegracilis Slender SedgeCarex tumulicola Berkeley SedgeChondropetalum spp. Cape RushDeschampsia caespitosa ‘Holciformis’ Ca. Tufted Hair GrassElymus glaucus Blue Wild RyeFestuca Californica California FescueFestuca idahoensis Idaho FescueFestuca mairei Atlas FescueFestuca rubra ‘Molate’ ‘Molate’ Red FescueHelictotrichon sempervirens Blue Oat Grass Hordeum brachyantherum California BarleyJuncus eff usus Green RushJuncus patens California Grey RushLeymus triticoides Creeping WildryeaLibertia peregrinans Orange LibertiaLomandra longifolia Dwarf Mat RushMelica californica California MelicMelica imperfecta Smallfl ower MelicMelica torreyana Torrey MelicNassella cernua Nodding NeedlegrassNassella lepida Foothill NeedlegrassNassella pulchra Purple NeddlegrassPerovsia atriplicifolia Russian SageScirpus californicus California BulrushStipa arundinacea Pheasant’s Tail Grass Agrostis Pallens Native Bent Grass“Bolero” by Delta Blue Grass BoleroFestuca occidentalis Western Mokelumne Fescue Festuca idahoensis Idaho FescueFestuca Rubra Creeping Red Fescue“Medallion” by Pacifi c Sod Tall Fescue Turf Ornamental Grass & Grass-Like PlantsOrnamental Grass & Grass-Like Plants Aristolochia californica California Dutchman’s PipeCalystegia callistioides California Morning GloryClematis armandii Evergreen ClematisClematis lasiantha Virgin's BowerClematis ligusticifolia Yerba de ChivaDistictis buccinatoria Blood Red Trumpet VineFicus pumila Creeping FigGelsemium sempervirens Carolina JessamineHardenbergia spp. Native SarsaparillaJasminum polyanthum Pink Flowering JasmineLonicera hispidula var. vacillans Pink Honeysuckle Marah fabaceus var. fabaceus California Man-RootMuhlenbeckia axillaris ‘Nana’ Creeping Wire VineParthenocissus quinquefolia Virginia CreeperParthenocissus tricupidata ‘Veitchii’ Dwarf Boston IvyRosa banksiae Lady Banks RoseRosa spp. Climbing RoseSolanum jasminoides Potato VineTrachelospermum jasminoides Star JasmineVitis californica California Coff eeberryVitis californica ‘Roger’s Red’ Wild GrapeWisteria spp. Wisteria Vines
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Attachment: Draft Objective Design Standards for Multifamily Residential Housing in the Downtown Core 1 Status of Related Housing Element Implementation Actions Following is a table that itemizes the components of the Housing Element 6th Cycle implementation actions 1.A through 1.D and 3.E, and identifies the specific ways in which each of the elements of the implementation actions are satisfied through the proposed amendments and other actions taken by the City.
Housing Element 6th Cycle implementation action analysis Implementation action component Action taken
Action 1.A: Downtown Precise Plan
Adopt the Downtown Precise Plan (DPP) to allow for the development of highdensity 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 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.
The DPP was adopted by the City Council on January 31, 2023.
That adoption was challenged through litigation and the City was ultimately required by the court to rescind its adoption of the DPP.
The DPP may be readopted/amended by the City in the future, but such readoption is not necessary for the City to satisfy its RHNA. The proposed downtown rezonings include all the
downtown sites identified within the Housing Element and will require a minimum of 20 units per acre with maximum densities ranging from 25 to 55 units per acre, allowing for the assumed realistic capacity.
The proposed zones will be Downtown Core (which correlates with the Downtown Commercial zoning district) and the
Downtown General zoning district (which correlates with the Downtown Office zoning district.)
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.
The proposed land use designations for Downtown include Downtown – Core and Downtown – General. These require
densities of 20 minimum units to 25 maximum units for the Downtown – General land use designation, and 20 minimum units to 30 or 55 maximum units for the Downtown – Core land use designation, as exercised through zoning.
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 The proposed rezoning includes Residential High Density-25 (RH25) applied to these four sites, requiring a minimum of 20 units per acre and allows a maximum of 25 units per acre.
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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 Multi-Family (RVH) which will allow 30-55 units per acre, to be consistent with the increased allowable density.
The proposed High Density Multi-Family land use designation requires densities of 20 minimum units to 25 maximum units. The proposed Residential, Very High Density Multi-Family land use designation requires densities of 20 minimum units to 40 maximum units.
Action 1.C: Caltrans Gateway Site Development
Site G-4, the Caltrans right-of-way site (Gateway) totals 10 acres. The city assumes that the entire site will be rezoned allowing for of high-density housing with 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. 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.
The proposed rezoning includes Residential High Density-40 (RH40) applied to this site, requiring a minimum of 20 units per acre and allows a maximum of 40 units per acre. The site is proposed to be subject to the Residential, Very High Density Multi-Family land use designation
The site is currently owned by Caltrans and the City will work with Caltrans 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 to 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 identified that completion of 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.
On April 5, 2024, Caltrans District staff advised the City that Caltrans will initiate the decertification process internally at no cost to the City and with no City request required. The decertification process has not resolved, but no additional sites are required for rezoning as the loss of the projected units does not result in a no-net-loss scenario, as all lower income units assumed for this site fell within the City's buffer.
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 Density-40 (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 As reported for Actions 1.A through 1.C, four land use
designations are proposed with established minimum and
maximum densities to satisfy the requirement for General Plan/Zoning code agreement.
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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.
This amendment was proposed and adopted through Ordinance 25-02, approved May 20, 2025. OMC 17.4.3(I): Building Height Limit. The maximum building height shall be as required by the most restrictive of the closest adjoining residential or downtown district base regulations.
Language added to objectively identify which height would apply in a case where two different districts may border a site.
Actions 1.A through 1.C
The City will ensure compliance with Government Code Section 65583, subdivision (c)(1) and 65583.2 subdivisions (h) and (i), as listed below.
Permit owner-occupied and rental multifamily uses by right and not require a conditional use permit or other discretionary review or approval for developments in which 20 percent or more of the units are affordable to lower income households.
All proposed rezonings would enable multifamily residential use by right:
• Downtown Core, OMC 17.8.12(B): Residential. Mixeduse multifamily residential is permitted by right in accordance to the development standards of Section
17.8.14 (Downtown Core district—Property
development standards).
• Downtown General, OMC 17.8.16: (A) Uses By Right—
No Use Permit required. (3) Multifamily residential
• Residential High-Density, OMC 17.4.35: (A) Allowed by right. Multifamily Housing Facilities, as defined in
section 172.3, are allowed by right in the RH district
subject to the design review requirements of Chapter
17.30, the development standards of this section, and
other applicable city ordinances to the extent permitted by state law.
Additionally, in the Downtown Core and Downtown General zoning districts all multifamily residential development would be subject to the Objective Design Standards OMC Section 17.8, allowing for ministerial processing of applications that meet all objective development and design criteria, including exemption from Design Review (17.30.3(B)). In the Residential High Density zoning districts, multifamily residential housing would be subject to design review "to the extent permitted under state law (OMC Section 17.30.3)," which would result in ministerial processing of developments in which 20 percent or more of the units are affordable to lower income households that meet applicable development standards.
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Permit the development of at least 16 units per site and a minimum of 20 dwelling units per acre
The requirements of 65583.2 subdivision (h) are related to sites that are proposed to accommodate lower-income households. All sites proposed for rezoning that count toward the City's lowerincome RHNA categories are large enough to accommodate at least 16 units each based on the proposed densities. No smaller sites were proposed to accommodate lower-income units. All sites proposed for rezoning are proposed at a minimum of 20 dwelling units per acre.
Ensure (a) at least 50 percent of the shortfall of low- and very low-income regional housing need can be accommodated on sites designated for exclusively residential uses, or (b) if accommodating more than 50 percent of the low- and very low-income regional housing need on sites designated for mixed-uses, all sites designated for mixed-uses must allow 100 percent residential use and require residential use to occupy at least 50 percent of the floor area in a mixed-use project.
The first option (a) is met: The projected shortfall of lower-income categories is 465 units. Sites C-2, C-3, C-4, and S-1 are proposed to be rezoned for exclusively residential uses to accommodate a realistic capacity of 286 units, which exceeds the 50% threshold (277.5 units).
Ensure sites will be available for development during the planning period where water and sewer can be provided.
All proposed sites for rezoning that count toward meeting the City's RHNA requirements are developed, immediately adjacent to development, or undeveloped portions of sites that contain development that can facilitate and ensure sewer and water service. Contra Costa Sanitary District and EBMUD received notice of the associated project EIR and rezonings and made no indication of service shortfalls.
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.
Objective design standards are proposed for the Downtown through the Objective Design Standards for Multifamily
Residential Housing in the Downtown Core and Downtown
General Zoning Districts.
Objective design standards for multifamily housing outside the downtown are currently being developed as part of a separate action.
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