Orinda City Council Minutes Page 1 of 9 09.30.25
SEPTEMBER 30, 2025
CITY OF ORINDA
CITY COUNCIL MINUTES
Note: Written communications received from the public prior to the start of this meeting can be viewed on the City’s website meeting calendar. They are also kept in the City Clerk’s Office as part of the public record and available upon request ([email protected]).
7:00 P.M. – SPECIAL MEETING– ORINDA LIBRARY AUDITORIUM
A. CALL TO ORDER / ROLL CALL:
Mayor Malkani called the Special Meeting to order at approximately 7:00 p.m. She announced Councilmember Hoxie is participating remotely from: 62-146 Kamahoi Place, Kamuela, HI 96743.
COUNCILMEMBERS PRESENT: Cara Hoxie (remotely), Janet Riley, Darlene Gee Mayor Latika Malkani, Vice Mayor Brandyn
Iverson
COUNCILMEMBERS ABSENT: None
B. PLEDGE OF ALLEGIANCE – Led by Mayor Malkani.
C. ADOPTION OF AGENDA
MOTION by Councilmember Gee, and seconded by Vice Mayor Iverson, to adopt the agenda. Said motion carried by unanimous (5-0) vote.
D. PUBLIC FORUM
Amy Hinschike expressed support for downtown and opportunity site rezoning, highlighting the formation of the East Bay Chapter for Everyone with her neighbors, emphasized the importance of complying with the Housing Element to maintain state funding, and urged the construction of multi-family housing. She referred to the need for wildfire mitigation measures and encouraged people to visit their group via the Inclusive Lafayette website, noting they are a smaller chapter under East Bay for Everyone.
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:
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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.
City Attorney Osa Wolff described hearing procedures, specifically describing recusal statements for the Mayor when undertaking the non-downtown sites and segmenting the General Plan and zoning changes into two parts.
Recusal: Mayor Malkani announced her recusal from participating in the process when discussing all non-downtown sites, citing property conflicts of the site being within 500 feet of the Miramonte High School, stating her family purchased a condo together at Miramonte Gardens in Moraga, across the street from Miramonte High School.
Associate Planner Darin Hughes gave the staff report, PowerPoint presentation, and program overview of the matter which would result in rezoning of the 6th cycle Housing Element sites, 26 of which are Downtown Commercial and Downtown Office zoned sites which would be rezoned to Downtown Core at 30 du/acre, Downtown Core at 55 du/acre, and Downtown General to add as a permitted use of multi-family residential housing. There are five sites located outside of downtown which would be rezoned to Residential High Density at 25 du/acre and Residential High Density at 40 du/acre.
Mr. Hughes provided an overview of the City's current housing capacity, including credit for previously approved but unbuilt projects, rezoning requirements, and implementation timelines. He explained that staff is working to rezone sites—both downtown and nondowntown—to meet legal housing capacity obligations, with objective design standards intended to streamline the development review process for multi-family residential proposals.
Five opportunity sites were presented for proposed rezoning to allow 100% residential, multi-family housing. While no projects are currently planned for these sites, the proposed zoning designations (RH-25 and RH-40) would allow 20–40 dwelling units per acre. Existing uses and structures on these sites would remain unaffected. An Environmental Impact Report (EIR) was completed for the broader Plan Orinda project.
Mr. Hughes also addressed relevant state legislation:
• SB 4: By-right approval for affordable housing on land owned by religious and higher education institutions.
• AB 2295: By-right workforce housing on property owned by local educational facilities.
• AFFH (Affirmatively Furthering Fair Housing): Requires a more equitable distribution of housing sites.
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Public comments raised concerns about wildfire evacuation, traffic, school capacity, and access issues—particularly in South Orinda and near the proposed Miramonte site.
Some residents expressed a preference for more housing downtown or near BART stations, questioned the suitability of the Caltrans site due to required remediation, and opposed the use of the Wilder shuttle. However, there was general support for increased housing opportunities, particularly to support families, school staff, and faculty.
Staff recommends the Council waive the full reading and introduce Ordinance 25-04, direct staff to bring Resolution 52-25A back for adoption, waive the full reading and introduce Ordinance 25-05 as amended to reflect September 29, 2025 objective design standards, and direct staff to bring Resolution 52-25B back for adoption. If the recommended actions are taken, this item would return to the Council for a second reading and adoption of the ordinances and adoption of the Resolutions.
Councilmember Hoxie raised concerns about building density, aesthetics, and parking in proposed rezoned areas. Mr. Hughes explained that densities range from 20 to 40 dwelling units per acre (du/acre), with lower densities allowing for condos and townhomes and higher densities accommodating small apartment buildings, potentially up to four stories. He noted that mixed-use developments downtown could include commercial space on the ground floor with housing above. Aesthetic standards are governed by Chapter 5 of the objective design standards, requiring visual interest and massing breaks.
Councilmember Hoxie also questioned parking requirements and by-right housing on religious and school sites and senior housing car usage. Mr. Hughes responded that while parking standards exist, State law limits what can be required near BART.
Developers typically still include some parking to meet market demand and cited the Vista Verde project’s reduced parking based on market needs.
Councilmember Riley asked and confirmed with Mr. Hughes the Bank of America site would not be pulled from rezonings because it met HCD requirements; however, the owner does not have any intention of developing housing, but this also resulted in a no net loss scenario where the City had to reassign units to a lower income category at another site.
Councilmember Riley asked for examples of income levels associated with 20 to 25- unit developments. Mr. Hughes responded that the City is working with a consultant on an inclusionary housing ordinance that will define these requirements, but specific income numbers were not yet available. City Manager Smith added that proposed sites vary in affordability, with some designated for low-income, moderate, or market-rate housing.
Mr. Hughes added that the City is receiving credit from HCD for the potential of these sites, due to their size and proximity to transit, to support a mix of income levels.
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Councilmember Riley also asked and confirmed that any impacts of reduced setbacks on outdoor dining and parklets would depend on the proposed project. She further asked about making changes during the meeting, and City Attorney Wolff stated small changes could be made immediately, but larger ones would require another meeting.
Councilmember Gee asked for an explanation of whether a developer would have the choice of developing sites under SB 4 and a potential rezoning action of the City. Mr.
Hughes said a developer would choose a process and provided examples.
Councilmember Gee questioned the status of the Santa Maria Church zoning, and Mr.
Hughes said it is not affected by tonight’s proposal; the overlay that applies to that site is still in effect. Staff was able to include that in existing capacity because it had been rezoned in the last cycle.
Councilmember Riley asked and confirmed there are 48 units proposed on the Santa Maria Church site.
Mayor Malkani asked and Mr. Hughes explained by-right housing which means no use permit is needed, and he provided an example.
Mayor Malkani inquired about community outreach for the meeting. Mr. Hughes explained that notices were sent to properties within 300 feet of the housing inventory sites and published in the newspaper. Additional outreach included multiple email blasts over the summer and three public engagement opportunities, along with a personal visit to the Lavenita Lane area during school drop-off to observe parking conditions.
Mayor Malkani referenced the style guide and creek policy from the rescinded Downtown Precise Plan (DPP) and asked whether the Council could consider adopting a similar creek policy separately. Mr. Hughes confirmed that such a policy could be adopted outside of the current meeting.
Councilmember Riley referred to Appendix B that was eliminated and confirmed this related to different styles of architecture. She asked what architectural style applies, and Mr. Hughes said there is no architectural style that applies, but simply ways of controlling the types of features. City Manager Smith suggested that if the Council wishes to discuss architectural style under deliberations, staff could receive direction at that time.
Mayor Malkani opened the Public Forum.
David Turner expressed concern that Moraga Way, already Orinda’s most congested road, would be further strained by new housing developments. He questioned whether the Moraga-Orinda Fire District (MOFD) had been involved in the planning process, given the potential impact on emergency evacuation, especially from the south end of the city.
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He noted that three proposed housing sites—St. Mark’s Church, Shepherd of the Valley, and another nearby location—are all within 1,000 feet of each other, near Fire Station
44. While he supports adding housing, he urged reconsideration of concentrating so many sites on the south side and further burdening Moraga Way.
Jeff Blum shared concerns about ongoing safety issues from stray golf balls near Orinda Way, noting a recent broken window and previous injury that led to relocating the farmers' market. He criticized the country club for not taking responsibility or installing protective netting or fencing and urged the City to address the issue firmly. Mr. Blum also expressed concern about architectural style, saying he dislikes the look of buildings in Walnut Creek and prefers Orinda maintain a distinctive style like Theater Square. He emphasized the importance of thoughtful design and raised ongoing concerns about parking and loading access.
Reed Robertson expressed frustration with the state’s housing mandates from HCD, noting the high costs of construction and the lack of developer interest in Orinda.
However, he offered a potential solution by stating he owns the building across from the theater and is willing to work with the City to convert some office space and garages into apartments.
Maria Brundle expressed concerns about the proposed high-density rezoning in the Village area, particularly the small, pie-shaped parcel near Camino Pablo and Orinda Way, which she noted as having the highest density in the area despite its limited size.
She questioned why such dense development isn't placed more centrally where there is more space and asked for mitigation measures for tall buildings. While concerned about tall structures near existing homes, she supports adding more housing and revitalizing the Village.
Bianca Garthy echoed concerns about the high-density development in the far corner of the Village near the creek. She warned of potential dangers during a wildfire like the Palisades fire, highlighting the risk of vehicle congestion on Camino Pablo during evacuation, emphasized the need to include creek restoration in the plan, suggesting the creek area could serve as an emergency evacuation route, and called for a natural, integrated approach to the plan to help protect lives.
Mayor Malkani closed the public comment period. She asked for Council deliberation, recused herself, and left the room.
Councilmember Hoxie acknowledged concerns about evacuation and traffic on Moraga Way but emphasized that the planned housing units are already approved in the EIR.
She highlighted efforts to improve evacuation, including using software to model scenarios, and supports rezoning for potential senior housing, believing it is the right step despite discomfort around increasing housing in the area.
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Councilmember Gee thanked staff, consultants, and the public for their contributions and acknowledged the challenges posed by complex State laws, especially around wildfire concerns. She supports moving forward with rezonings to keep the City in compliance and protect the community. In the area of objective design standards, she would like to see staff return with multiple options for the character of projects, as Orinda does not have a consistent style throughout the community.
City Manager Smith noted that tonight the Council is only talking about the downtown design standards, and comments about objective design standards will return once the Mayor is back in the room.
Councilmember Riley shared similar concerns about evacuation on Moraga Way and the Caltrans site and emphasized the need to move forward due to potential penalties that could harm the City. She hopes for ongoing dialogue and a positive outcome that enhances the community.
Vice Mayor Iverson acknowledged public frustration about opportunity sites but explained that including housing there is required by the Housing Element to meet state RHNA goals and promote fair distribution. She highlighted potential small affordable projects on church or public land and appreciated new mitigation ideas like widening Moraga Way for emergency use and collaborating with Lamorinda partners. She also explained density bonus laws that encourage affordable housing through incentives and expressed strong support for moving the ordinance forward for adoption.
Councilmember Gee assured residents that the City works hard to balance State requirements with local concerns and control. She highlighted SB 79 as a major victory, noting that if it had passed in its original form, the City could have faced up to a 7-story building at the BART station.
MOTION by Councilmember Gee, and seconded by Councilmember Riley, to waive the full reading and introduce Ordinance 25-04; and direct staff to bring Resolution 52-25A back for adoption. Said motion carried by (4-0-1; Malkani recused) vote.
Noted as Present:
Mayor Malkani returned to the dais and was noted as present to participate in the remainder of the meeting.
Mayor Malkani called for deliberation of Item E.1.2 for Housing Element sites within the downtown.
Vice Mayor Iverson explained that during her time on the Planning Commission, the placement and density of housing sites were developed through an iterative process involving landowners. She noted that in the Downtown Core 55 areas, adjacent parcels were considered as potential clusters for future development, rather than zoning single isolated sites.
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Councilmember Hoxie questioned buildings in 55 zoned areas would be stepped back when going up, and Mr. Hughes said there are 10-foot step backs required for all buildings above 35 feet, and anything lower would be considered a constraint by HCD which he described.
Mayor Malkani asked staff to return and look at the issues of creek preservation and use as well as architectural style and voiced her support of the ordinance.
Vice Mayor Iverson expressed enthusiasm for the upcoming Downtown Specific Plan (DSP) vision, including features like the creek, Connect Orinda, and a refreshed image for the city. Reflecting on her Planning Commission experience, she noted that while Orinda has a mix of architectural styles, past design guides weren’t always effective.
She supports a form-based approach to design standards that focuses on building form and structure—like massing and setbacks—rather than prescribing specific architectural styles, allowing for greater flexibility and creativity.
City Manager Smith said if there is an interest by Councilmembers, staff can work internally and figure out what that conversation looks like and come back.
Councilmember Gee asked whether architectural styles would become regulatory if included in the design standards. Mr. Hughes clarified that, as proposed, styles would remain guidelines, not regulations. He noted that making styles regulatory could lead to poor outcomes or implementation challenges, whereas form-based standards are easier to apply objectively and more effective in guiding development.
Councilmember Riley reaffirmed her support for the project while reiterating concerns about evacuation in the downtown area and acknowledging public worries. Regarding architectural styles, she admitted she needs more education on the difference between form-based design and style, recognizing it could have a significant impact. She also expressed interest in revisiting the Downtown Precise Plan (DPP).
Councilmember Hoxie referenced Carmel-by-the-Sea as an example of diverse design elements, noting the challenge of choosing a single style. She expressed interest in a broader Council discussion on Orinda’s future look but was hesitant to make architectural styles part of regulatory standards without more information. She voiced strong interest in the creek, DPP, and Connect Orinda elements, and supported the rezonings, saying it would be exciting to see more development in downtown Orinda.
Mayor Malkani requested a high-level discussion on form-based versus style-based design and whether such guidelines should be regulatory or visionary. She praised the Downtown Precise Plan (DPP) as a strong visionary document and wants to revisit it— especially the chapter on the creek, Connect Orinda, and potential rezonings—while considering the mitigation measures already reviewed. She acknowledged ongoing concerns about evacuation and encouraged the public to review the EIR’s mitigation strategies, which offer meaningful ways to improve safety.
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MOTION by Mayor Malkani, and seconded by Councilmember Gee, to waive the full reading and introduce Ordinance 25-05, as amended; and direct staff to bring Resolution 52-25B back for adoption. Said motion carried by unanimous (5-0) vote.
City Manager Smith thanked the City Council for their time and dedication, noting that much of her first year has been spent on this topic. She expressed appreciation for reaching a point where the City can begin focusing on advancing the community in meaningful ways and also extended gratitude to the Planning staff for their hard work on such a complex issue.
F. COUNCILMEMBERS’ REPORTS
Councilmember Gee reported on the Infrastructure Subcommittee meeting last week, and she reported on key topics. Staff also provided an update on storm drain mapping of the community and discussed the future of the Infrastructure Subcommittee and work plan items to share with the full Council. She also reported on the East Bay MUD tour of the water treatment plant project.
Mayor Malkani reported that the Orinda Chamber of Commerce co-hosted a Coffee with the Mayor and a Coffee with the Chief, which she described as well as upcoming events.
The Mayors from Moraga, Orinda and Lafayette have continued to meet monthly with discussions focusing on wildfire prevention and similarities and collaboration on regional issues. She was able to visit their Sister City in Tabor and described her wonderful visit.
Councilmember Gee was able to travel to Washington, D.C. in September with the senior leadership from CCTA. They were able to spend a full hour with Congressman DeSaulnier and Congressman Garamendi on transportation issues.
Vice Mayor Iverson said Congressman DeSaulnier visited Orinda and spent an hour on Saturday doing an entire Town Hall at Miramonte about fire prevention and preparedness. Fire Chiefs from MOFD and Con Fire were present and it was informative.
G. CITY MANAGER’S REPORT
City Manager Smith reported the following:
• The League of California Cities’ Annual Conference is next week. At the next meeting, staff will be bringing back voting members for that. • There has been discussion in the community about E-bikes and discussions are occurring with other jurisdictions about lessons learned and they will hold a meeting with the school district and she will report out on solutions for E-bike issues.
• Letters for support and opposition have been sent to the Governor asking him to sign and oppose a few.
• www.downtownorinda.com will be set to launch mid-October and there are many Chamber of Commerce events.
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• Legislative advocacy is kicking into high gear and the Mayor has been meeting regularly with other Mayors and City Managers meeting with Townsend Public Affairs to talk about the framework, and this will be brought back to respective Councils for adoption of a regional legislative framework. • The Crossroads Park Ad-Hoc Sign Committee has been very active narrowing down items, meeting with potential sign companies and staff will return to the Council at the November 3rd meeting.
• Light Up Orinda is expanding this year all the way down Orinda Way and all through the Theater District, as well.
• Winter Fest is December 5th.
H. MATTERS INITIATED – None.
I. ADJOURNMENT
The Regular Meeting was adjourned at approximately 10:07 p.m. to the Regular City Council Meeting on Tuesday, October 07, 2025 at 7:00 p.m. ______________________________________
Sheri Marie Smith, City Clerk