Map displaying the locations of the four sites at the center of the rezoning debate. Orinda's approved Housing Element calls for rezoning of the sites to allow 286 units of high-density housing.
The Orinda Planning Commission held a public hearing on Dec. 12, 2023, to discuss a recommendation to the city council to rezone four “opportunity sites” that were part of the city’s certified Sixth Cycle Housing Element. The meeting was attended by a large group of citizens, including approximately 30-35 who took turns speaking at the podium, almost all of whom strongly opposed the rezoning.
California’s Department of Housing and Community Development (HCD) adopted the Housing Element in March 2023 as part of the state’s requirement for Orinda’s plan to add 1,359 additional dwelling units by 2031.
To start the meeting, Associate Planner Winnie Mui gave a brief presentation outlining the basics of the Housing Element, including Orinda’s state-mandated increase in planned housing.
Orinda’s plan includes 623 units of existing capacity, 90 zoned units and 707 units to be rezoned for high-density housing, defined as 20-25 dwelling units per acre. Downtown encompasses 421 of the units to be rezoned. The remaining estimated 286 units are divided among four sites, all located in South Orinda on Moraga Way:
Holy Shepherd Church, 433 Moraga Way, approximately 21-26 units
St. Mark’s Church, 451 Moraga Way, approximately 44-56 units
St. John’s Church, 501 Moraga Way, approximately 32-41 units
Miramonte High School, 750 Moraga Way, approximately 187-234 units
The city proposed a fifth opportunity site, the Caltrans site (adjacent to Highway-24 Wilder Road exit), for 200 units, but it was rejected by the HCD and cannot be counted toward Orinda’s requirements in the next eight years without an amendment that must be approved by the state.
Once the meeting opened to public comments, the anger, confusion and opposition to the rezoning among those attending was clear.
Most of the evening’s speakers live near the four certified housing sites. Their objections centered around the following issues: anticipated increase of already-congested traffic and accidents on Moraga Way; dangers of gridlock in a wildfire evacuation; the impact of additional students on an overburdened school system; and the effect multiple high-density housing units would have on the small-town character that attracted so many residents to Orinda.
Speaking about traffic and safety concerns, Sarah Gupta, who lives across the street from Holy Shepherd said, “As a family we’re excited about more diversity. Two things: Moraga Way is beautiful to drive on, but it’s not a safe road. We’ve been there for four years and we’ve seen four accidents in front of our house including one fatality.”
There was palpable anger, including several outbursts, among the audience about perceived lack of notice for this meeting and a general sense the rezoning plan was sprung on them without giving them an opportunity to voice their opinions. Several attendees implored the city and planning commission to come up with a better plan with the rallying cry of “Do the work,” sometimes spoken sternly from the podium, and other times shouted rowdily from the audience.
City Planner Drummond Buckley responded by stating the approved plan was the result of almost two years of work by the city, including over 15 meetings held with the Downtown Planning & Housing Element Subcommittee, Planning Commission and City Council.
He directed citizens to the Plan Orinda website at planordinda.com, which contains hundreds of pages of detailed information about the Housing Element, Safety Element, Downtown Precise Plan and California Environmental Quality Act (CEQA).
When an attendee asked if Orinda’s housing requirement could be satisfied without the inclusion of these four sites, Buckley said that would require an amendment and he didn’t know the process to amend a certified plan, but he would find out. He noted that Orinda is one of very few municipalities in the Bay Area that has an approved plan.
In a statement to The Orinda News, Buckley said, “Orinda is in a much better position with its housing element than most other Bay Area cities. Out of a total of 109 jurisdictions, only 13 housing elements were certified by the HCD deadline and are therefore allowed three years, instead of only one, to complete all their rezonings.
“On top of that, many agencies still have uncertified housing elements, but are still subject to the one-year rezoning deadline. Furthermore, by adopting its housing element by the deadline, Orinda has avoided the ‘builder’s remedy’ that gives developers carte blanche to build projects that don’t comply with local zoning rules. That certification is why the city has the luxury of three years to implement the plan instead of one.”
Orinda’s rezoning deadline is three years and 120 days from Jan. 31, 2023, the date the plan was adopted by the city. When asked about the timing of the Dec. 12 meeting, Buckley replied, “We started the rezoning process for the opportunity sites because we were ready to do so. Our plan has been to do those sites first, then focus our efforts on the downtown rezonings, which are more complex for a number of reasons, including the need to codify the draft Objective Design Standards.”
In the end, the planning commission recognized the overwhelming public concern about the rezonings and unanimously voted to pause making a recommendation to the city council.
“These are my neighbors. I do live in South Orinda. For any development that happens anywhere in the city, I want it to be something that the whole community can support and be behind and be well-informed of,” said Commissioner Lina Lee.
The commission also called for an additional public hearing at a future undetermined date to provide more information and a chance for citizens to have further input into the process.