Chapter 1.04 — GENERAL PROVISIONS
Orinda Municipal Code · 2026-09 edition · updated 2026-09-27 · Orinda
1.04.010 - Citation of code.¶
This code may be cited as the Orinda Municipal Code. It may be so cited in any prosecution for violations of this code. An ordinance amending this code may be designated as an amendment to the Orinda Municipal Code. Every reference to this code or any portion of it applies to this code as now or hereafter amended. (Prior code § 1-201)
1.04.020 - Definitions.¶
In this code unless the context otherwise requires: "City" means the city of Orinda. "City Council" means the City Council of this city.
"City Manager" means the appointed official of the city who occupies the position as chief administrative officer of the city. "County" is the County of Contra Costa. "Oath" includes affirmation. "Owner," as applied to a building or land, includes a part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part. "Person" means a natural person, firm, association, organization, partnership, business trust, company, corporation, joint venture, club, or its manager, lessee, agent, servant, officer or employee and includes a county, public agency, public corporation, public district or political subdivision of the state. "State" means the state of California. "Street" includes a highway, avenue, lane, alley, court, place, square, curb and other public ways in the city which is dedicated and open to public use. Street also includes such other public property designated as such by law. "Tenant" or "occupant," applied to a building or land, includes a person who occupies the whole or part of the building or land, whether alone or with others. (Prior code § 1-202)
1.04.030 - Tenses.¶
The present tense includes the past tense and future tense, and the future tense includes the present tense. (Prior code § 1-203)
1.04.040 - Gender.¶
The masculine gender includes the feminine and neuter. (Prior code § 1-204)
1.04.050 - Number.¶
The singular number includes the plural, and the plural, the singular. (Prior code § 1-205)
1.04.060 - Shall and may.¶
"Shall" is mandatory and "may" is permissive. (Prior code § 1-206)
1.04.070 - Liberal construction.¶
The provisions of this code and all proceedings under it shall be construed with a view to effect its objects and to promote justice. (Prior code § 1-207)
1.04.080 - Effect of headings.¶
Title, chapter, article and section headings do not govern, limit, modify or affect the scope, meaning or intent of this code. (Prior code § 1-208)
1.04.090 - Area of application.¶
This code refers only to the omission or commission of acts within the territorial limits of the city and to that territory outside of the city over which the city has jurisdiction or control by the Constitution, law or ownership or control of property. (Prior code § 1-209)
1.04.100 - Prohibited acts include causing, permitting or suffering.¶
Whenever in this code an act or omission is made unlawful, it includes causing, permitting, aiding, abetting, suffering or concealing the fact of the act or omission. (Prior code § 1-210)
1.04.110 - Acts of deputies.¶
Where this code grants a power to a public officer or employee or imposes a duty on him or her, the power may be exercised or the duty performed by his or her deputy or employee or by any person authorized by law or ordinance, unless the code specifically provides otherwise. (Prior code § 1-211)
1.04.120 - Effect on prior proceedings or rights.¶
No action or proceeding begun before this code takes effect, and no right accrued, is affected by its provision. (Prior code § 1-212)
1.04.130 - Continuation of similar existing law.¶
Each provision of this code so far as it is substantially the same as an existing provision shall be construed as a continuation and not a new enactment. (Prior code § 1-213)
1.04.140 - Severability of provisions.¶
If a title, division, chapter, section, subsection, paragraph, sentence, clause or phrase of this code is held invalid or unconstitutional for any reason, that holding does not affect the validity or constitutionality of the remainder of this code. The City Council declares that it would have adopted each part of this code irrespective of the validity of any other part. (Prior code § 1-214)
1.04.150 - No imposition of mandatory duty.¶
This code shall not be construed to impose on the city, its officers, employees or agents any greater liability than that required by law. The use of the word "shall" in this code is not intended to impose upon the city, its officers, employees or agents a mandatory duty of care toward persons or property within the city so as to provide a basis of civil liability for damages. This code specifically preserves all immunities provided under the law to a public entity, its officers, employees and agents. (Prior code § 1-215)
1.04.160 - Establishment of fees by resolution.¶
Where an ordinance, rule or regulation requires a person to file an application or request a permit, the City Council may by resolution fix the fee to be charged for the filing and processing of the application and the request for permit, including an appeal from the decision of a subordinate body. (Prior code § 1-701)
1.04.170 - Code fees superseded.¶
All provisions of this code setting fees (except those required by statute to be set by ordinance) may be superseded by fees set by City Council resolution, but remain in effect until so superseded. (CCCC § 18- 2.002)
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Ask AI about this code▸Contents — Orinda Municipal Code
- Title 2 — ADMINISTRATION AND PERSONNEL
- Chapter 2.04 — CITY COUNCIL
- Chapter 2.08 — CITY MANAGER
- Chapter 2.12 — ELECTIONS
- Chapter 2.13 — ELECTRONIC FILING OF CAMPAIGN DISCLOSURE DOCUME…
- Chapter 2.16 — PARKS AND RECREATION COMMISSION
- Chapter 2.20 — PLANNING COMMISSION
- Chapter 2.28 — HISTORIC LANDMARKS COMMITTEE
- Chapter 2.32 — EMERGENCY MANAGEMENT
- Chapter 2.36 — LEASE OF PUBLIC PROPERTY
- Chapter 2.44 — UNCLAIMED PROPERTY
- Chapter 2.55 — PURCHASING AND CONTRACTS
- Title 3 — REVENUE AND FINANCE
- Chapter 3.04 — CLAIMS AGAINST THE CITY
- Chapter 3.08 — DOCUMENTARY TRANSFER TAX
- Chapter 3.12 — UNIFORM TRANSIENT OCCUPANCY TAX
- Chapter 3.14 — TRANSACTIONS AND USE TAX
- Chapter 3.16 — GAS TAX STREET IMPROVEMENT FUND
- Chapter 3.20 — TRANSPORTATION IMPROVEMENT PROGRAM FEE
- Chapter 3.24 — DRAINAGE IMPACT FEES
- Chapter 3.28 — PARK DEDICATIONS AND IMPACT FEES
- Chapter 3.32 — SPECIAL LIBRARY SERVICES PARCEL TAX
- Chapter 5.03 — BUSINESS REGISTRATION
- Chapter 5.04 — BINGO
- Chapter 5.08 — CABLE TELEVISION
- Chapter 5.16 — CARNIVALS AND FAIRS
- Chapter 5.20 — FORTUNETELLING
- Chapter 5.24 — MASSAGE SERVICES
- Article 1 — Definitions
- Article 2 — Applications and Permits
- Article 3 — Other Requirements and Regulations
- Chapter 5.28 — MECHANICAL AMUSEMENT DEVICES
- Chapter 5.32 — PEDDLERS AND SOLICITORS
- Chapter 5.36 — PUBLIC DANCES
- Title 6 — ANIMALS
- Chapter 6.08 — GENERAL PROVISIONS
- Title 8 — HEALTH AND SAFETY
- Chapter 8.04 — HEALTH REGULATIONS GENERALLY
- Chapter 8.08 — PUBLIC HEALTH LICENSES AND FEES
- Article 1 — General Provisions
- Article 2 — License Requirements
- Article 3 — License Fees
- Article 4 — Enforcement
- Chapter 8.12 — ALARM SYSTEMS
- Chapter 8.16 — AMBULANCES
- Article 2 — Permits
- Article 3 — Permit Suspension or Revocation
- Article 4 — Operation Standards
- Article 5 — Emergency Response
- Article 6 — Miscellaneous Provisions
- Article 7 — Enforcement
- Chapter 8.20 — FIRE SAFETY
- Chapter 8.24 — FIREWORKS
- Chapter 8.28 — REFUSE COLLECTION AND DISPOSAL
- Chapter 8.30 — POLYSTYRENE REGULATIONS
- Chapter 8.32 — SEWAGE
- Division I — GENERAL REGULATIONS
- Article 1 — Lines and Plants
- Article 2 — Subdivisions and Individual Systems
- Chapter 8.36 — WATER WELLS
- Chapter 8.38 — RECYCLED WATER USE
- Chapter 9.04 — OFFENSES AGAINST PUBLIC OFFICERS AND GOVERNMENT
- Chapter 9.08 — OFFENSES AGAINST PUBLIC PEACE AND DECENCY
- Chapter 9.12 — WEAPONS
- Chapter 9.13 — STORAGE OF FIREARMS
- Chapter 9.16 — CURFEW
- Chapter 9.20 — OPEN ALCOHOL CONTAINERS
- Chapter 9.24 — ILLEGAL OR UNRULY PRIVATE PARTIES
- Chapter 9.28 — RESTRICTIONS ON THE ADVERTISING, ACCESS AND PRO…
- Chapter 9.30 — SMOKING
- Title 10 — VEHICLES AND TRAFFIC
- Chapter 10.04 — PROCEDURE FOR ADOPTION OF TRAFFIC REGULATIONS
- Chapter 10.08 — DEFINITIONS
- Chapter 10.10 — ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS
- Chapter 10.12 — TRAFFIC-CONTROL DEVICES
- Chapter 10.16 — TURNING MOVEMENTS
- Chapter 10.20 — ONE-WAY STREETS AND ALLEYS
- Chapter 10.24 — SPECIAL STOPS REQUIRED
- Chapter 10.34 — ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE …
- Chapter 10.36 — STOPPING, STANDING AND PARKING—GENERALLY
- Chapter 10.40 — STOPPING, STANDING AND PARKING—LOADING AND UNL…
- Chapter 10.44 — STOPPING, STANDING AND PARKING—PROHIBITED OR R…
- Chapter 10.45 — PREFERENTIAL PARKING PRIVILEGES
- Chapter 10.52 — PARKING OF COMMERCIAL VEHICLES
- Chapter 10.60 — PARKING VIOLATIONS, PROCEDURES AND APPEALS
- Chapter 10.64 — BICYCLES, ROLLER SKATES AND COASTERS
- Chapter 10.70 — VEHICLE TRIP REDUCTION PROGRAM
- Article 2 — Employer and Complex Requirements
- Article 3 — Review Standards, Procedure and Appeal
- Article 4 — Enforcement and Penalties
- Chapter 12.04 — SIDEWALK MAINTENANCE AND REPAIR
- Chapter 12.08 — ENCROACHMENTS
- Article 1 — Permit Requirements
- Article 2 — Operations Under Permit
- Article 3 — Enforcement
- Article 4 — Miscellaneous
- Chapter 12.10 — SMALL-WIRELESS FACILITIES IN THE PUBLIC RIGHTS…
- Chapter 12.12 — ROAD DEDICATIONS AND SETBACKS
- Article 1 — Intent and Objectives
- Article 2 — Requirements and Exceptions
- Article 3 — Procedure
- Article 4 — Road Standards
- Article 5 — Deviations and Special Requirements
- Article 6 — Appeals
- Division II — SETBACK REQUIREMENTS
- Chapter 12.16 — NONVEHICULAR PROHIBITIONS IN RIGHTS-OF-WAY
- Chapter 12.20 — ROADSIDE SELLING
- Chapter 12.24 — NEWSRACKS
- Chapter 12.28 — PARKS
- Title 13 — PUBLIC SERVICES
- Chapter 13.12 — UNDERGROUND UTILITY DISTRICTS
- Chapter 15.04 — GENERAL PROVISIONS
- Chapter 15.08 — BUILDING CODE
- Chapter 15.09 — CALIFORNIA RESIDENTIAL CODE
- Chapter 15.10 — CALIFORNIA GREEN BUILDING STANDARDS CODE
- Chapter 15.11 — EXISTING BUILDING CODE
- Chapter 15.12 — ELECTRICAL CODE
- Chapter 15.16 — PLUMBING CODE
- Chapter 15.20 — MECHANICAL CODE
- Chapter 15.21 — ENERGY CODE
- Chapter 15.24 — UNIFORM HOUSING CODE
- Chapter 15.28 — HOUSE MOVING
- Chapter 15.32 — BUILDING PERMIT CONDITIONS
- Article 2 — Building Permit Conditions
- Article 3 — Administration
- Article 4 — Permits, Drainage and Streets—County Provisions
- Chapter 15.36 — GRADING
- Chapter 15.40 — SWIMMING POOLS
- Chapter 15.44 — WIND ENERGY COVERSION SYSTEMS
- Chapter 15.48 — RESIDENTIAL DWELLING WEATHERIZATION DISCLOSURE
- Chapter 15.56 — GAS SHUT-OFF DEVICES
- Chapter 15.58 — RESTRICTIONS ON THE INSTALLATION OF WOOD BURNI…
- Article 1 — General
- Article 2 — Restrictions on the Installation of Wood Burning A…
- Chapter 15.60 — SOLAR ENERGY SYSTEMS
- Title 16 — SUBDIVISIONS
- Chapter 16.04 — TITLE, PURPOSE AND SCOPE
- Chapter 16.08 — DEFINITIONS
- Chapter 16.12 — ADMINISTRATION AND ENFORCEMENT
- Chapter 16.16 — MERGERS
- Chapter 16.20 — TENTATIVE MAPS
- Chapter 16.24 — VESTING TENTATIVE MAPS
- Chapter 16.28 — FINAL MAPS AND PARCEL MAPS
- Article 1 — Form and Contents
- Article 2 — Supplementary Documents
- Article 3 — Checking
- Article 4 — Approval
- Chapter 16.32 — IMPROVEMENTS GENERALLY
- Article 1 — Form and Contents
- Article 2 — Public Works Department
- Article 3 — Construction
- Chapter 16.36 — STREET LIGHTING
- Chapter 16.40 — SIDEWALKS AND PATHS
- Chapter 16.44 — UNDERGROUND UTILITIES
- Chapter 16.48 — CURBS AND GUTTERS
- Chapter 16.52 — STREETS
- Chapter 16.56 — SURVEY MONUMENTS
- Chapter 16.60 — BRIDGE CROSSINGS AND MAJOR THOROUGHFARES
- Chapter 16.64 — DRAINAGE
- Chapter 16.68 — WATER AND SEWERS
- Chapter 16.72 — FENCES
- Chapter 16.80 — REVERSION TO ACREAGE
- Chapter 16.84 — CONDOMINIUM CONVERSIONS
- Article 2 — Applications
- Article 3 — Tenant Notice
- Article 4 — Association and Restrictions
- Article 5 — Evaluations
- Article 6 — Final and Parcel Map Filing
- Article 7 — Miscellaneous Provisions
- Chapter 17.1 — PURPOSE AND ORGANIZATION
- Chapter 17.2 — DEFINITIONS
- Chapter 17.3 — RESIDENTIAL DISTRICT BASE USE RESTRICTIONS
- Chapter 17.4 — RESIDENTIAL DISTRICT BASE DEVELOPMENT REGULATIONS
- Chapter 17.5 — RIDGELINE AND ENVIRONMENTAL PRESERVATION OVERLA…
- Chapter 17.6 — RESIDENTIAL FLOOR AREA
- Chapter 17.7 — RESIDENTIAL MINIMUM LOT SIZE AND HILLSIDE DEVEL…
- Chapter 17.8 — DOWNTOWN DISTRICTS
- Chapter 17.9 — PUBLIC, SEMI-PUBLIC AND UTILITY DISTRICT
- Chapter 17.10 — PARK AND RECREATION DISTRICT
- Chapter 17.11 — OPEN SPACE DISTRICT
- Chapter 17.12 — PLANNED DEVELOPMENT DISTRICT
- Chapter 17.13 — SPECIFIC PLAN DISTRICT
- Chapter 17.15 — DEVELOPMENT STANDARDS FOR ALL USES
- Chapter 17.16 — OFF-STREET PARKING AND LOADING
- Chapter 17.17 — LANDSCAPING
- Chapter 17.18 — SIGNS
- Chapter 17.19 — NONCONFORMING USES AND STRUCTURES
- Chapter 17.20 — LOT LINE ADJUSTMENTS AND VOLUNTARY LOT MERGERS
- Chapter 17.21 — TREE MANAGEMENT
- Chapter 17.22 — VIEW PRESERVATION
- Chapter 17.23 — SATELLITE ANTENNAS
- Chapter 17.24 — HERITAGE TREES
- Chapter 17.25 — HISTORIC LANDMARKS
- Chapter 17.30 — DESIGN REVIEW
- Chapter 17.31 — GENERAL USE PERMIT
- Chapter 17.32 — EXCEPTIONS
- Chapter 17.33 — VARIANCES
- Chapter 17.34 — WIRELESS COMMUNICATIONS FACILITY PERMIT
- Chapter 17.35 — ELEVATED DECK PERMIT
- Chapter 17.36 — COMMERCIAL USE PERMIT
- Chapter 17.37 — TEMPORARY EVENT PERMIT
- Chapter 17.38 — ZONING APPROVAL, DEMOLITION PERMIT, CITY ENGIN…
- Chapter 17.39 — NOISE CONTROL
- Chapter 17.40 — PLANNING AUTHORITY
- Chapter 17.41 — APPLICATIONS
- Chapter 17.42 — NOTICE, HEARING, DECISION
- Chapter 17.43 — APPEALS
- Chapter 17.44 — PERMIT USE, MODIFICATION, REVOCATION AND TERMI…
- Chapter 17.45 — DEVELOPMENT AGREEMENTS
- Chapter 17.46 — REASONABLE ACCOMMODATION
- Chapter 17.48 — AMENDMENTS TO ZONING MAP AND REGULATIONS
- Chapter 17.49 — DISCLOSURE STATEMENT REQUIREMENT
- Title 18 — CLEAN WATER, DRAINAGE AND RELATED RIPARIAN HABITAT …
- Chapter 18.02 — STORMWATER MANAGEMENT AND DISCHARGE CONTROL
- Chapter 18.03 — WATERCOURSE MAINTENANCE, ALTERATION AND PROTEC…
- Article 1 — Watercourse Maintenance
- Article 2 — Watercourse Alteration Permit
- Article 3 — Watercourse easements and setbacks.
- Chapter 18.04 — DESIGN STANDARDS FOR WATERCOURSES
- Chapter 18.05 — FLOODPLAIN MANAGEMENT
- Article 2 — Applications
- Article 3 — Administration
- Article 4 — Flood Hazard Reduction
- Article 5 — Variances and Appeals.
- Chapter 18.06 — DEFINITIONS
- Title 19 — CODE COMPLIANCE
- Chapter 19.01 — ADMINISTRATION
- Chapter 19.02 — JUDICIAL COMPLIANCE
- Chapter 19.03 — ADMINISTRATIVE COMPLIANCE
- Chapter 19.04 — REMEDIES AND RELIEF