Orinda

5TH CYCLE PROGRAM- ACTION 1.F: AFFORDABLE HOUSING INCENTIVE PROGRAM Continue to implement the City’s affordable housing incentive program (density bonus ordinance), which grants up to a 35 percent increase in the number of permitted units for developments which set aside 20 percent or more of their units as affordable, as defined by state law.

Participate in those housing assistance programs that are most appropriate to Orinda's setting and demographics, with an emphasis on programs that benefit local seniors and those who live or work in Orinda. Facilitate completion of 66 units of housing for very low- and extremely low-income seniors at the Monteverde Senior Apartments Project.

The City continued to implement the City’s affordable housing incentive program through the Density Bonus program that allowed for a 35-percent increase in the number of permitted units for developments. Through the City’s affordable housing program, 66 units restricted to extremely low- and very low-income households were developed for the Monteverde Senior Housing project. Without the program, approximately 55 units would have been allowed on the project site. The development was competed in November 2014 and fully occupied in December 2014. The City intends to update the density bonus provisions of the Orinda Municipal Code to be consistent with current state law.

5TH CYCLE PROGRAM- ACTION 1.G: TECHNICAL ASSISTANCE TO ORGANIZATIONS THAT CAN DEVELOP OR PRESERVE LOWER-COST HOUSING Provide outreach and assistance to nonprofit organizations and builders whose expertise can inure to the benefit of low- and moderate-income Orinda residents, particularly seniors and those with special needs.

Participate in those housing assistance programs that are most appropriate to Orinda's setting and demographics, with an emphasis on programs that benefit local seniors and those who live or work in Orinda. Facilitate completion of 66 units of housing for very low- and extremely low-income seniors at the Monteverde Senior Apartments Project.

The City provided technical assistance to organizations that help develop or preserve lower-cost housing, particularly seniors and those with special needs. In 2014, the City worked successfully with Eden Housing to develop 66 units affordable to extremely low- and very low-income senior households at the Monteverde Senior Housing project. The project includes one manager’s unit affordable at the moderate-income level. In September 2021, an application for a 52-unit affordable senior housing project named “Vista Verde Senior Housing Project” was submitted. The City approved the project in August 2022.

5TH CYCLE PROGRAM- ACTION 2.D: SECOND UNIT RENT DATA Continue to collect and monitor data on second unit rents to better understand their role in the Orinda housing market and the income groups they serve.

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

The City collected and monitored data periodically on second unit rents using online rental forums, such as Craigslist. The average rental prices surveyed for similar residential ADUs within or near Orinda in 2019 was about $1,568. In 2020, the average was approximately $1,755. The income limits for lower-income 4-person households were $61,950 in 2019 and $65,250 in 2020. A household typically uses 30 percent of its income for housing. The ADUs surveyed are affordable to both moderate- and lower-income households.

5TH CYCLE PROGRAM- ACTION 5.A: FAIR HOUSING PROGRAM Distribute information regarding fair housing issues in the City’s quarterly newsletter, at the Orinda Library, and at City offices.

Continue to promote equal housing opportunity for all Orinda residents and others seeking housing in the city, regardless of race, religion, marital/family status, ethnic background, or other arbitrary factors. Support programs that educate and inform residents about fair housing laws, the Regional Housing Needs Allocation process, and the City's obligations under state housing law. Follow up on 100 percent of all fair housing complaints received by the City.

The City continues to include Fair Housing information in quarterly newsletters, the Orinda Library, and at City offices. This policy remains active. There were no fair housing complaints from 2015 - 2020. Articles regarding affordable homeownership at Orinda Grove were included in past newsletters to highlight available opportunities for affordable housing.

6TH CYCLE PROGRAM: ACTION 1.I: SENATE BILL 9 (SB 9) – The California Housing Opportunity and More Efficiency (HOME) Act. Through SB 9, the City will expand homeownership opportunities by allowing property owners to split a single-family zoned lot into two lots and/or place up to two housing units on a single-family zoned lot. Properties meeting the various criteria specified in the legislation are eligible to add the additional housing by right and are exempt from review under CEQA. The city is in compliance with SB 9.

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

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

5TH CYCLE PROGRAM- ACTION 3.F: EXTREMELY LOW-INCOME HOUSING. Encourage additional housing resources for extremely low-income Orinda residents, particularly seniors and persons with physical or developmental disabilities. The Needs Assessment in Chapter 3 identified 283 extremely low-income owner-occupied households and 156 extremely low-income renter households in Orinda. Based on Census data, the majority of these households are headed by seniors. Other extremely low-income households in the city include persons with disabilities, low wage workers, and the long-term unemployed. Since a majority of Orinda’s extremely low-income residents are homeowners, programs to assist in home repair and maintenance through low-cost loans or grants are strongly supported. The City may also encourage the inclusion of extremely low-income units within new affordable rental developments. In addition, affordable housing tenant selection should place a priority on extremely low-income persons. The City will also encourage context-appropriate solutions to meet the housing needs of other extremely low-income households in Orinda, including individuals and families. These include shared housing opportunities, second units, small group homes, and transitional housing. Activities such as grant and funding assistance, priority processing, deferral of impact fees until issuance of certificates of occupancy, and support for applications to create new housing units will be supported in the future. The Planning Department will produce an informational pamphlet regarding assistance and resources available to all extremely low-income households and to persons with developmental or other physical disabilities. The information will be updated at least twice during the planning period and distributed to the local faith community and made available at City Hall and on the City’s website and at the Contra Costa County Supervisors’ office.

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

The Monteverde Senior Apartments development completed in 2014 includes units reserved for extremely low-income persons with a tenant selection process that focuses on extremely low-income households.

5TH CYCLE PROGRAM- ACTION 4.B: REDUCTION OF PERMITTING COSTS AND DELAYS Explore the feasibility of expanding the City’s Affordable Housing Incentive Program to add provisions for reductions in application processing costs for multi-family projects containing affordable units.

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

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

5TH CYCLE PROGRAM- ACTION 5.B: LOCAL PREFERENCE IN HOUSING OPPORTUNITIES Continue measures to ensure that persons who work in Orinda receive preference in the occupancy of new affordable for-sale housing units.

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

From 2015-2020, the local preference program provisions were incorporated into the established below-market rate (BMR) program for the Orinda Grove project. The program was initiated in 2014 and began with 8 BMR units. Of the 8 initial applicants, 7 were employed in Orinda. In 2019, a unit was sold, and by 2020, 6 units were estimated to be occupied by persons who work in Orinda.

5TH CYCLE PROGRAM- ACTION 1.E: SECOND UNITS IN WILDER (GATEWAY VALLEY) Encourage builders in the Wilder development to include second units in new homes or to incorporate space with the flexibility for second unit conversions in the future.

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

During the 5th planning period, the City encouraged builders in the Wilder development to include second units in new homes and/or incorporate space so the flexibility for second unit conversions were a viable option in the future. As a result, 9 approvals for ADUs were granted in the Wilder subdivision: 2015: 4 2016: 0 2017: 2 2018: 1 2019: 0 2020: 1 2021: 0 2022: 1

5TH CYCLE PROGRAM- ACTION 2.A: ASSISTANCE TO LOWER-INCOME SENIOR HOMEOWNERS Participate in Contra Costa County’s housing rehabilitation program, and publicize the availability of the County’s low interest loan programs for lower-income seniors and other households.

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

Due to the national emergency declaration prompted by the COVID-19 Pandemic, the County faced difficulties executing this program, due to both limited contact with COVID-19 at-risk clients as well as construction and permit constraints. Thirty-five projects under this program were funded and completed within the unincorporated county since 2014, with 14 households at 30% of the area median income (AMI), 7 households at 50% AMI, 12 households at 80% AMI, and 2 at 120% AMI. The County provides information about the Neighborhood Preservation Program on the County’s website, public access cable channels, through notices in the media, and via presentations given periodically.

5TH CYCLE PROGRAM- ACTION 1.C: PROMOTION OF SECOND UNITS Continue to implement a public information and outreach campaign via the City’s website and the Orinda City newsletter to inform property owners of the standards for second unit development and the importance of second units to Orinda. Provide information to encourage residents to apply for second units, particularly where their homes already include space that is configured for a conforming second unit (e.g., carriage houses, au pair quarters, second kitchens on floors with separate entrances). The City will produce a flyer regarding second units and provide the flyer at the Planning Department counter and to project applicants for all discretionary land use applications. On average, a total of 93 discretionary land use applications, mainly for residential development projects, are considered annually by the Planning Department. Many of the projects are on property that could support the development of a second unit. In addition, the City will publish at least annually informational materials pertaining to second units through a combination of media including the City’s website and direct mailings.

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

During the 5th planning period, the City implemented a public information and outreach campaign via the City's website and newsletter to inform property owners of the standards for second unit development as well as the importance and opportunities second units provide the City for affordable housing. Applicants at the Planning Department counter continue to be informed of the second unit standards and, as appropriate, encouraged to consider, including a second unit in their development proposals. On August 1, 2017, City Council approved Ordinance 17-03 consistent with the new state law. In January 2020, state law required local jurisdictions to ministerially approve “accessory dwelling units" (ADUs) when units meet a set of minimum standards. 68 building permits for ADUs were issued from 2015 through 2022. 2015: 3 2016: 2 2017: 7 2018: 4 2019: 7 2020: 9 2021: 21 2022: 15 The City maintains an ADU page on the City’s website that provides details on the ADU ordinance and answers to Frequently Asked Questions. The City is also working on creating an ADU handout to provide more information on the requirements.

6TH CYCLE PROGRAM: ACTION 1.G: SUPPORT AFFORDABLE HOUSING DEVELOPMENT. Work with housing developers to expand opportunities for affordable lower-income housing for special-needs groups, including persons with physical and developmental disabilities, female-headed households, large families, extremely low-income households, and persons experiencing homelessness by creating partnerships, providing incentives, and pursuing funding opportunities. - Support affordable housing development for special-needs groups throughout the city. - Promote use of the density bonus ordinance, streamlined applications, and fee deferrals to encourage affordable housing, especially in high-resource areas and areas with limited rental opportunities currently. - Facilitate the approval process and fee deferrals for land divisions, lot line adjustments, and/or specific/master plans resulting in parcel sizes that enable affordable housing development. - Prioritiz processing permits for projects providing affordable housing for special-needs groups. - Work with public or private sponsors annually to identify candidate sites for new construction of housing for special needs and expedite processing of such projects. - Encourage residential development near parks, open space, transit routes, civic uses, social services, and other health resources. - Partner with nonprofit and for-profit affordable housing developers to support their financing applications for state and federal grant programs, tax-exempt bonds, and other programs as available. - Pursue federal, state, and private funding for low- and moderate-income housing with direct support of lower-income housing construction and rehabilitation, specifically for development of housing affordable to extremely low-income households. - Pursue partnerships with the Regional Center of the East Bay to identify funding opportunities and promote housing for persons with disabilities.

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

The Contra Costa County Collaborative (C4) provides Housing Element technical assistance to jurisidictions in Contra Costa County. City staff met with the C4 group in September 2023 to discuss implementation of Housing Element programs pertaining to outreach to local housing developers, community organizations, and at-risk groups. Staff was advised to coordinate with neighboring jursidictions for more effective outreach and collaboration. Staff is strategizing an approach to pool resources with other agencies to create one comprehensive notification list.

5TH CYCLE PROGRAM- ACTION 2.G: REDUCTION IN HOME ENERGY COSTS Continue to advise residents of programs for reducing residential energy costs.

Encourage reinvestment in the city's housing stock by private property owners.

To ensure energy cost reduction information was made publicly available, the City provided pamphlets on assistance programs in the Planning Department waiting area.

5TH CYCLE PROGRAM- ACTION 2.H: TITLE 24 ADMINISTRATION Continue to enforce residential energy conservation requirements as set forth in Title 24, California Administrative Code.

Encourage reinvestment in the city's housing stock by private property owners.

During the 5th planning period, the City continued to enforce the residential energy conservation requirements.

5TH CYCLE PROGRAM- ACTION 5.C: ASSISTANCE FOR PERSONS WITH DEVELOPMENTAL DISABILITIES. Support the construction and rehabilitation of housing to meet the needs of Orinda residents with developmental disabilities, including small group homes and units in affordable housing developments that are designed for developmentally disabled persons.

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

Several of the units in the Monteverde project included universal design features to accommodate the unique needs of seniors and persons with disabilities. In January 2021, a memory care facility with 38 assisted-living units was approved at 1 Wilder Rd.

6TH CYCLE PROGRAM: ACTION 2.E: REPLACEMENT HOUSING. To facilitate place-based revitalization for households at risk of displacement due to new development, the City will require replacement housing units subject to the requirements of Government Code, Section 65915, subdivision(c)(3), on sites identified in the site inventory when any new development (residential, mixed-use, or non-residential) occurs on a site that has been occupied by or restricted for the use of lower-income households at any time during the previous five years. This requirement applies to non-vacant sites and vacant sites with previous residential uses that have been vacated or demolished.

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

The City does not currently have any households at risk of displacement due to new development. The City will continue to monitor any households at risk for displacement.

5TH CYCLE PROGRAM- ACTION 2.E: FLOOR AREA RATIO LIMITS Maintain a sliding scale for calculating floor area ratios (FAR) as a way to preserve the city’s existing stock of smaller homes.

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

The Planning Staff successfully implemented this program by continuing to implement structure size limitations that can be found in the City's Zoning Code (Orinda Municipal Code Section 17.6.8).

5TH CYCLE PROGRAM- ACTION 1.D: LEGALIZATION OF EXISTING UNREGISTERED SECOND UNITS Notify property owners that under the revised second dwelling unit standards, formerly illegal second units may possibly now meet the requirements of the Zoning Ordinance.

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

One building permit was issued in 2018 for the legalization of an existing second unit that was entitled and reported in 2017. With new state laws that went into effect on January 1, 2020, we expect to see more legalization of unregistered second units.

5TH CYCLE PROGRAM- ACTION 3.D: NO NET LOSS OF HOUSING CAPACITY Develop and implement an evaluation procedure to ensure the City maintains sufficient land to accommodate the Regional Housing Needs Allocation throughout the planning period. Because Orinda has a limited number of sites on which it can meet its Regional Housing Needs Allocation for low- and very low-income households during the planning period, it is important that the availability of these sites be monitored. Section 65863 of the California Government Code stipulates that a community may not reduce the allowable density on a housing site if the result is that the city is no longer able to meet its Regional Housing Needs Allocation. The City will comply with Government Code 65863.

5TH CYCLE PROGRAM- ACTION 3.E: HOUSING SITE(S) As a part of the 5th Cycle Housing Element, the City considered anew whether to rely on the 3.2-acre Santa Maria site to help meet the City’s RHNA for lower-income households. The City selected the Santa Maria site in EIR Alternative 1 to zone at up to 20 dwelling units per acre (the “default density” under State law) in order to accommodate 48 units of the City’s allocation of lower income households. Through this Action, the City will initiate and process an amendment of the development policies (i.e., general plan, zoning and/or zoning map) applicable on the selected site to replace the existing High Density Overlay District on the site with policies to accommodate a total of 48 units at up to 20 dwelling units per acre (the “default density” under State law). This will be a public process. The precise wording of the development policies and configuration of the area covered will be determined through that public process.

The City of Orinda had a limited number of sites available to meet its RHNA allocation during the planning period. As a result, the Planning Department continued to monitor the sites identified in the Housing Element as both zoning changes and multifamily housing sites became proposed.

5TH CYCLE PROGRAM- ACTION 4.D: BUILDING CODE UPDATES Continue to implement the California Building Code of Regulations as locally amended. Update or amend the codes as state requirements change.

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

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