Parents, teachers tell Orinda commission preschool was sidelined in Vista Verde approvals

At its May 26 meeting the Orinda Planning Commission heard a staff update on the Vista Verde senior housing project (originally 10 Irwin Way, now 15 Orinda Way) and received lengthy public comment from parents and staff at the neighboring Orinda Preschool (TOPS) who said they were excluded from decision-making and remain worried about construction impacts.

Planning staffer LaShawn Cross reviewed the project’s procedural history, including the Planning Commission recommendation in July 2022 and City Council approval in August 2022, and noted that the project later proposed construction changes including a modest unit increase (from 52 to 53), an added parking space, reductions in open-space balconies, about 2,000 additional square feet of total floor area, and an increase in protected trees proposed for removal from five to 12. Cross told the commission the project has a mitigated negative declaration under CEQA and that required noticing followed Government Code Section 65090’s 300-foot radius, newspaper and posting requirements.

During public comment, TOPS parents and a teacher described the preschool as an 80-plus-year-old institution “immediately adjacent” to the project and said the development’s footprint and proposed permanent features have moved closer to the school since original approvals. Heather Barrett, a TOPS parent, said: “This building towers over the school…construction occurring just feet from classrooms and play spaces used daily by children as young as two” and urged the city and developer to “pause, re-evaluate, and work collaboratively toward solutions that protect both affordable housing goals and TOPS.” Brooke Goff, speaking for another staff member, said construction “directly behind our nearly 100‑year‑old school … raises serious concerns regarding safety, privacy, and the well‑being of our school community.”

Other speakers asked when specific modifications (including a retaining wall and a change to a redwood identified as tree 912) were added to the permit, whether they received required notice of any July 2025 hearing or permit-extension, and requested copies of fire‑department correspondence addressing access or turnarounds. Lewis Lopez asked whether the alleged lack of notice complied with Orinda Municipal Code provisions on expiration and extensions of approvals.

Cross responded that, as drafted and filed, the city’s environmental analysis considered sensitive receptors (the state CEQA definition includes schools and children) and that the MND included air‑quality mitigation measures. She said the Planning Department’s review found no procedural errors and that the project is post‑entitlement; the planning director’s role now is compliance and enforcement of mitigation measures and conditions through construction management plans that must be submitted before construction begins. Cross said staff could pass community requests to the developer as a courtesy but cannot unilaterally add binding conditions to an approved, post‑entitlement project.

Parents urged the commission to secure preschool‑specific protections: independent air‑quality monitoring with clear thresholds and response actions, formalized construction hours and traffic controls tied to preschool drop‑off/pick‑up, written commitments for indoor air filtration, and assurances that leased preschool outdoor classroom areas would not be permanently modified while lease disputes are unresolved. Several speakers argued those protections should be binding, not mere accommodations.

Commissioners noted the limits of the Planning Commission’s authority for a post‑entitlement project but suggested other steps for concerned neighbors: raise issues at a City Council public forum, pursue county review of building permits, and, where applicable, seek civil remedies for lease disputes. Cross said code enforcement is the proper route if mitigation measures are not followed during construction and confirmed that a construction management plan is required and must be approved prior to start of construction.

No action or vote was taken on the Vista Verde project at the May 26 meeting; the item was presented as an update and public comment was received. The planning director encouraged anyone wanting more detail to review the project file, which is public, and to contact the Planning Department. The commission thanked speakers for their participation and moved to the next agenda item.