Title 17 — ZONING

This title of the Orinda Municipal Code shall be called the "Planning and Zoning Code." The planning and zoning code is composed of the written text, charts, diagrams and tables of this title and the zoning map adopted by ordinance of the City Council from time to time.

(Ord. 99-5 § 2 Exh. A (part))

The purpose of the planning and zoning code is to protect and promote the public health, safety and general welfare, and to implement the policies of the City's general plan. Specifically, the planning and zoning code is intended to:

A.

Provide specific guidance for the physical development of the City in order to:

1.

Preserve the character and quality of residential neighborhoods,

2.

Foster convenient, harmonious and workable relationships among land uses, and

3.

Achieve the arrangement of land uses described in the general plan;

B.

Promote economic stability of existing land uses that are consistent with the general plan and protect them from intrusions by inharmonious or harmful land uses;

C.

Prevent excessive population densities and overcrowding of land or buildings;

D.

Ensure the provision of adequate open space for light, air, and fire safety;

E.

Permit the development of office, retail and related land commercial uses in Downtown Orinda that are consistent with the general plan, in order to provide needed services and to enhance and diversify the City's economic base;

F.

Conserve and enhance the City's architectural and cultural resources;

G.

Conserve and enhance key visual features of Orinda's semi-rural character and setting, including major ridgelines, hillsides and other open space areas, consistent with the general plan;

H.

Provide adequate off-street parking and loading facilities and promote a safe, effective traffic circulation system;

I.

Ensure that service demands of new development relate to the capacities of streets, utilities and other public services;

J.

Encourage a built environment of the highest design and architectural quality;

K.

Minimize environmental degradation by ensuring orderly development of lands consistent with the general plan, and protection of important environmental features such as ridgelines, streams and undeveloped hillsides;

L.

Regulate the use of land to preserve and protect the public safety and general welfare by prohibiting inappropriate or unsafe development.

(Ord. 99-5 § 2 Exh. A (part))

A.

Property Affected. Zoning regulations apply to all land within the City, except where specifically limited by district or otherwise.

B.

Streets, Utilities and Rights-of-Way. A public or private street or alley, utility, and other right-of-way is considered to be in the same zoning district as the property to which it is contiguous. Where contiguous properties are classified in different zoning districts, the centerline of the street or right-of-way is the district boundary, unless otherwise depicted on the zoning map.

C.

Compliance With Regulations. No land may be used, and no structure may be constructed, occupied, enlarged, altered, demolished or moved in any zoning district except as provided in this title.

D.

Public Nuisance. Neither this title nor the approval of a permit authorized by this title authorizes the maintenance of a public nuisance.

E.

Compliance With Public Notice Requirements. Compliance with public notice requirements prescribed by this title is sufficient notice to allow the City to proceed with a public hearing and take action on an application, regardless of actual receipt of mailed or delivered notice, to the extent provided by law.

F.

Requests For Notice. Where this title or applicable state law requires that notice be given by first class mail to "any person who has filed a written request for such notice," that request must be filed with the Planning Director and is subject to the applicable fee.

G.

Conflict With Other Regulations. Where a conflict occurs between this title and another City resolution, guideline or regulation, this title controls, unless otherwise specified in this title.

H.

Relation to Private Agreements. This title does not affect or annul an easement, covenant or agreement. However, if this title imposes a greater restriction than imposed by an easement, covenant or agreement, this title controls.

I.

Relation to Prior Ordinance. This title supersedes prior zoning regulations of the City. However, this title does not validate or legalize a land use or structure established, constructed, or maintained in violation of prior zoning regulations.

J.

Zoning of Annexed Land. The Planning Director may conduct a study to determine the most appropriate general plan designation for land proposed for annexation to the City, and may recommend prezoning

consistent with the general plan designation. If prezoning is approved by the Planning Commission and the City Council, the zoning becomes effective upon annexation. Land annexed without prior prezoning shall be zoned RVL-E, with a ten-acre minimum lot size.

K.

Application During Local Emergency. The City Council may authorize a deviation from a provision of this title during a local emergency declared and ratified under the Municipal Code. The City Council may authorize a deviation by resolution without notice or public hearing.

L.

Severability. If a section, subsection, sentence, or phrase of this title is for any reason held to be invalid, the remaining portions of this title are not affected. It is expressly declared that this title and each section, subsection, sentence, and phrase would have been adopted regardless of the fact that a portion of this title would be declared invalid.

(Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part))

Where uncertainty exists regarding the boundary of a zoning district as shown on the zoning map, the following rules apply:

A.

A district boundary shown as approximately following the property line of a lot is construed to follow that property line.

B.

On unsubdivided land, or where a district boundary divides a lot, the location of the district boundary is determined by using the scale appearing on the zoning map, unless the boundary location is indicated by dimensions printed on the map.

C.

A district boundary shown as approximately following the right-of-way line of a freeway, street, alley, utility or other identifiable boundary line is construed to follow the right-of-way or boundary line.

D.

A district boundary shown as lying within, but not generally contiguous to a right-of-way line of a freeway, street, alley, utility or other identifiable boundary line is construed to follow the centerline of the right-of-way or boundary line.

E.

If an uncertainty remains as to the location of a district boundary or other feature shown on the zoning map, the location shall be determined by the Planning Director.

(Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part))

A.

A use permit, variance, design review approval or other development approval which is valid on the effective date of this title remains valid until its expiration date.

B.

This title does not require a change in plans, construction or designated use of a structure for which an approved and recorded development agreement has been prepared, a building permit was issued or, in the opinion of the Planning Director, where there has been substantive use or progress toward implementation of the project before February 1, 2000, or a later amendment to it.

C.

A reapplication for an expired permit must meet the standards in effect at the time of reapplication.

D.

A permit issued before February 1, 2000, that is proposed to be modified after February 1, 2000, may only be approved in accordance with this title.

(Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part))

An applicant may request or the city may elect to consider consolidation of two or more applications for separate discretionary permits requested or required in conjunction with a project be consolidated. The findings and decisions for each permit must be considered individually. However, for the purpose of discretionary action, these multiple permits constitute one project.

(Ord. 99-5 § 2 Exh. A (part))

Certain use restrictions, development regulations and performance standards applicable to a specific site are shown on the zoning map by a zoning designation consisting of classes of letter designators:

A.

The zoning district designator indicates the principal uses and development standards for a district.

B.

An overlay district designator indicates that certain special regulations apply due to an overlay district on a site. When an overlay district applies, the special regulations described for that overlay district will govern in the event of any conflict with the more general development standards otherwise applicable to the site.

C.

An ordinance number may be added to a specified zoning designation or overlay district to refer to the enabling legislation and specific regulations which govern that designation, district or area, including planned development districts or subdivisions which may further regulate the use of land.

• (Ord. 99-5 § 2 Exh. A (part); Ord. No. 13-03, § 2(Att. A), 12-17-13)

The City is divided into base zoning districts as follows:

(Ord. 99-5 § 2 Exh. A (part); Ord. No. 25-04, § 2(Att. A, § 1), 11-3-25; Ord. No. 25-05, § 2(Att. A § 1), 11-325)

There are multiple overlay zoning districts in Orinda, including the "Ridgeline and Environmental Preservation Overlay Zone" ("-R Overlay"), the "Senior Housing Overlay District" ("-SH Overlay"), and the "High Density Overlay District" ("-HD Overlay").

(Ord. 99-5 § 2 Exh. A (part); Ord. No. 13-03, § 2(Att. A), 12-17-13)

A reference to an R district refers to all residential districts and a reference to a D district refers to any downtown district identified in Chapter 17.8.

(Ord. 99-5 § 2 Exh. A (part); Ord. No. 25-05, § 2(Att. A § 2), 11-3-25)

17.1.11 - Development on lots divided by district boundaries.

A zoning district boundary, including overlay zoning, may apply to portions of lots as well as entire lots.

(Ord. 99-5 § 2 Exh. A (part); Ord. No. 13-03, § 2(Att. A), 12-17-13; Ord. No. 22-02, § 2(Att. A.1), 9-6-22) Chapter 17.2 - DEFINITIONS

The definitions in this chapter apply to this title, unless the context requires a different definition, subject to Section 17.2.2.

(Ord. 99-5 § 2 Exh. A (part))

17.2.2 - Rules for construction of language.

The following rules of construction apply, in addition to the general provisions and rules of construction in Title 1 of the Municipal Code:

A.

The particular controls the general.

B.

Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

1.

"And" indicates that all connected words or provisions apply;

2.

"Or" indicates that the connected words or provisions may apply singly or in any combination;

3.

"Either...or" indicates that the connected words or provisions apply singly but not in combination.

C.

In case of conflict between the text and a diagram, the text controls.

D.

References to departments, commissions, boards and other offices or instrumentalities are to those of the City unless otherwise indicated.

E.

A reference to a public official in the City is to that person who performs the function referred to and includes a designated deputy of the official.

F.

A reference to days is to calendar days unless otherwise specified by state law. If a deadline falls on a weekend or holiday, the time for performing an act is extended to the next working day.

(Ord. 99-5 § 2 Exh. A (part))

As used in this title, the following terms are defined in this section:

"Abutting or adjoining" means having district boundaries or lot lines in common.

"Accepted arboricultural practice" is a practice recommended in current generally accepted textbooks and professional journals on arboriculture and tree care including but not limited to pruning standards published by the International Society of Arboriculture.

"Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary dwelling. It shall include permanent provisions for living, sleeping, eating, cooking (see definition of kitchen), and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:

1.

An efficiency unit, as defined in Health and Safety Code § 17958.1.

2.

A manufactured home, as defined in Health and Safety Code § 18007.

This definition is intended to match that in California Government Code Section 65852.2(j)(1).

"Accessory structure" means a structure that is incidental to the principal permitted or conditionally permitted structure or use on a site and customarily found on the same site. An accessory structure includes, as regulated by the respective zone of the property, a garage, storage shed, greenhouse, and accessory dwelling units. Small storage buildings and shelters shall be seen as accessory structures, regardless of structural definitions used to determine UBC compliance. Accessory structure does not include fences, decks, and landscape structures.

"Accessory use" means a use that is incidental to and compatible with the primary use and which does not significantly increase the intensity or level of activity to the principal permitted or conditionally permitted

use on a site and customarily provided with the use. The use must also be compatible with the primary use of the site and the character of the surrounding area. This classification may include home occupation, surface parking for resident's, customer's or employee's automobiles, recreational activity, and administrative or office support function and facility.

Acre, Gross. "Gross acre" means the area of a lot or site, including easements and right-of-way to be dedicated, but excluding existing public rights-of-way.

Acre, Net. "Net acre" means the area of a lot or site remaining after dedication of all required easements for vehicles and rights-of-way, either public or private.

"Adult businesses" means a business based primarily upon materials or performances that depict, describe, or relate to "specified sexual activities" or "specified anatomical areas," as defined in Subsection 17.8.5.H.1.

"Aisle" means a paved area on a lot between a driveway and a parking space necessary to provide access for vehicles.

"Alley" means a public or private right-of-way permanently reserved for secondary access to the rear or side of properties otherwise abutting on a street. It does not include a private right-of-way which provides vehicular access to three or fewer lots.

"Alter" means to make a physical change in the exterior appearance or the supporting members of a structure, such as bearing walls, columns, beams or girders.

"Ambulance services" means nonpublic emergency and nonemergency medical care and transportation, including incidental storage and maintenance of vehicles.

"Ancillary retail use" means an additional retail use in the same commercial premises as the primary retail use.

Animal, Domestic. "Domestic animal" means a small animal of the type generally accepted as a pet, including dog, cat, rabbit, songbird, fish, and the like, but not including chickens, ducks, goose, fowl, hogs or the like.

Animal, Exotic. "Exotic animal" means a wild animal not customarily confined or cultivated by man for domestic or commercial purposes but kept as a pet or for display.

Animal, Large. "Large animal" means an adult animal, other than a domestic animal, typically larger than three and one-half feet in height or two hundred fifty (250) pounds. This term includes horses, cows, and any other mammals customarily kept in a pen, corral or stable, such as hogs.

"Animal husbandry" means raising of animals and production of animal products, such as eggs or dairy products, on an agricultural or commercial basis, excluding slaughterhouse, meat processing and secondary food production. Typical uses include grazing, ranching, dairy farming, beekeeping, poultry farming and livestock auction. Facilities include barn, silo, paddock, stable, pen and apiary. This use is separate from the accessory use of keeping large animals on residential lots.

Animal Sales and Services. The following six definitions apply:

"Animal boarding" means shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care.

2.

"Animal grooming" means bathing and trimming services for small animals on a commercial basis. This classification includes boarding of domestic animals for a maximum period of forty-eight (48) hours.

3.

"Animal hospital" means an establishment where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air-conditioned. Grooming and temporary boarding of animals is included if incidental to the hospital use.

4.

Animals: Retail Sales. "Retail sales of animals" means retail sales of small animals which takes place within an entirely enclosed building. This classification includes grooming if incidental to the retail use.

5.

"Animal show" means an exhibition of domestic or large animals for a maximum of seven days.

6.

Animal, Small. "Small animal" means an animal typically no larger than three and one-half feet in height or two hundred fifty (250) pounds. This term includes fish, birds, goats and chickens, and any mammal customarily kept as a domestic pet within a dwelling unit.

"Antenna" means any electrical conductor or array of conductors used for the purpose of receiving and/or transmitting electromagnetic energy in support of communication related or other activities, which is erected and maintained in a fixed location.

Antenna, Amateur Radio. "Amateur radio antenna" means any antenna which is used in conjunction with an amateur radio station licensed by the Federal Communications Commission, including, but not limited to booms, spreaders, radiator elements, director elements or reflector elements constructed of metal tubing or similarly visible material.

Antenna, Commercial. "Commercial antenna" means any antenna and related support structure intended for the purpose of sending and/or receiving signals in support of a commercial venture, including, but not limited to public utilities, cellular telephone communications, privately owned or publicly supported AM or FM radio stations, cable television operations or television broadcast stations and business information and communication systems.

Antenna, Complex Wire. "Complex wire antenna" means two or more wires which may be configured into a complex array and which may include self-supporting members, such as a quad, delta, rhombic, curtain or similar antenna.

"Antenna height" means the vertical measurement from natural grade, or, if mounted on a structure, from a point directly below the antenna structure if it were extended to natural grade at the point nearest the structure, to the topmost portion of the mast, antenna support structure or antenna, whichever is highest.

Antenna, Home Television. "Home television antenna" means an antenna, other than a satellite antenna, intended for reception of television signals.

Antenna, Mast. "Mast antenna" means a pole of wood or metal, or a tower fabricated of metal, or other material capable of, and used to support an antenna and maintain it at the proper elevation.

Antenna, Satellite. "Satellite antenna" means a parabolic, concave or similarly configured element which may be circular in shape, or may be composed of segments of a circle, which, together with such supporting components as the feedhorn and receiving elements, permits a reasonably unobstructed line of sight with geosynchronous or orbiting satellites, microwave relay antennas or similar antennas, from or to which the satellite antenna receives and/or transmits television signals or electromagnetic waves.

Antenna, Simple Wire. "Simple wire antenna" means a single wire, solid or stranded, one-eighth inch or less in diameter, which is nonrigid and is not self-supporting.

Antenna Structure. The term "antenna structure" refers collectively to an antenna and its supporting guy wires, mast or tower, if any.

"Antenna support structure" means all the components of the structure used to support an antenna or array of antennas, exclusive of the principal and accessory structures on the parcel and the antenna(s).

Antenna, Whip. The term "whip antenna" means a vertically mounted antenna consisting of a single, slender, rod-like element, which is supported only at or near its base.

"Apartment" means a multifamily dwelling consisting of two or more dwelling units under single ownership that are offered for rent or lease. This definition excludes any single-family dwelling that contains, is attached to, or is on the same lot as an accessory dwelling unit.

"Arbitrator" means a neutral person who conducts a process similar to a trial, and who hears testimony, considers evidence, and makes a binding decision for the disputing parties.

"Arts and crafts shows, indoors and outdoors" means display and sale of painting, sculpture, crafts and similar objects.

"Artist studio" means work space for artists and artisans, including an individual practicing one of the fine arts, or skilled in an applied art or craft.

"Attic" is that part of a building immediately below and wholly or partly within the roof framing.

"Automobile" means a self-propelled, motorized vehicle used, or intended to be used, for the transportation of people upon a street or highway, but not including any vehicle designed for travel on stationary rails or tracks. This definition includes a motorcycle, light truck or van with a capacity rating not exceeding one ton.

"Balcony" means a platform that projects from a wall of a building, typically above the first level, and is surrounded by a rail balustrade or parapet.

"Bank and savings and loan" means a financial institution, including credit union office or check cashing service, that provides retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money.

1.

"With drive-through service" means an institution providing services accessible to a person who remains in an automobile.

2.

"ATM" means an automatic teller machine (ATM) on the exterior of a building for direct pedestrian access. An ATM for access from within a building is exempt.

"Bar" (also, "tavern") means establishment such as a cocktail lounge and bar, at which alcoholic beverages, including beer and wine, are served for on-site consumption. Any sale of food is incidental to beverage service.

"Bay window" means a window which projects out from the vertical plane of an exterior wall.

"Bedroom" means a private room planned or intended for sleeping, which is separated from other rooms by a door.

"Binding arbitration" means the legal procedure set forth in Sections 1280 et seq. of the Code of Civil Procedure;

"Blockface" means the property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land, watercourse or city boundary.

"Breezeway" means a roofed, open-sided passageway connecting two structures, such as a house and a garage.

"Building" means a structure having a roof supported by columns or walls for the housing or enclosure of a person, animal, chattel, or property of any kind.

"Business services" means establishments providing document delivery, mail receiving and boxes, graphic arts, interior decorating, drafting, blueprinting, typesetting, copying and photographic services. This classification excludes maintenance and repair and accounting, advertising architectural design, city planning, environmental analysis, insurance, investment, landscape design, law, management consulting, and real estate office.

"Carport" means a permanently roofed structure with one or more open sides for the parking or temporary storage of automobiles.

"Cemetery" means burial grounds for the interment of the dead. This does not include crematory, columbarium, mausoleum or mortuary.

"Christmas tree sale" means retail sales of Christmas trees between Thanksgiving and December 26th. Also includes seasonal sales, such as the sale of pumpkins at Halloween.

"City" means the City of Orinda.

"Club or lodge" means a meeting, recreational or social facility of a private or nonprofit organization primarily for use by members or guests, including union hall, social club and youth center.

"Collection facility" means a building, structure or facility (including a vehicle) with a gross floor area of two hundred twenty-five (225) square feet or less used for the deposit and storage of household articles or recyclables.

College, Public or Private. "Public or private college" means an institution of higher education providing curriculum of a general, religious, or professional nature and that typically grants recognized degrees.

"Commercial filming" means a facility in which motion picture, still or video photography is conducted, including film studio and processing services.

Commercial Filming, Limited. "Limited commercial filming" means commercial motion picture or video photography at the same location for a single or limited production.

"Commercial marijuana land use" means any place, location, building, structure, or establishment where the sale or exchange for valuable consideration of marijuana or marijuana products, or the provision of marijuana or marijuana products by a nonprofit, or the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, or labeling of marijuana or marijuana products intended for sale or exchange for valuable consideration or provision by a nonprofit occurs.

"Commercial recreation and entertainment" means a business providing participant or spectator recreation, entertainment or sports activities.

1.

Within Building. This classification includes such activities as movie or live performing arts theater, sports arena, bowling alley, billiard parlor, dance, ice or roller skating rink, scale model course, tennis or racquetball court, health or fitness club and gym, martial arts, game center including pinball arcade or establishment having four or more coin-operated electronics or mechanical game machines, and dance hall or disco.

2.

Outdoor Facility. This classification includes movie or live performing arts theater, sports stadium and arena, amusement park, golf or golf driving range, miniature golf or scale-model course, tennis or swim club, water slide and plunge, or batting cages.

"Commercial use" means an occupation, business or type of enterprise offering a product or service that is conducted for the purpose of profit.

"Communications facility" means a broadcasting, recording, and other communication service accomplished through electronic or telephonic mechanism. This classification includes radio, television or

recording studio; telephone switching center; cellular or digital telephone facility; telegraph or cable television transmitting office.

"Community noise equivalent level (CNEL)" means the average noise level during a twenty-four (24) hour day, in decibels, weighted to account for the lower tolerance of people to noise during evening (7:00 to 10:00 p.m.) and night (10:00 p.m. to 7:00 a.m.) hours relative to daytime hours. This definition includes the term "LDN" (average day-night noise level).

Complaining Party. See Section 17.22.4.

"Conditionally permitted" means a use permitted subject to approval with conditions.

"Condominium" means a unit within a multifamily dwelling or an individual unit or space within a commercial building or complex, and that is under single ownership.

"Congregate care residential" means a facility which provides twenty-four (24) hour nonmedical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. The facility contains small individual dwelling units of

usually only one (1) or two (2) rooms with a small kitchen allowing for independent living but also provides common dining, housekeeping, recreational and social facilities. Health and Safety Code Sections 1502(a) (1); 1597.43. Small kitchens that comply with state and local standards must be included in each individual dwelling unit for this definition to apply.

"Convalescent facility" means an establishment providing care on a twenty-four (24) hour basis for seven or more persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services.

"Convenience market" means an establishment providing retail sales of food, beverages and small convenience items. Long and late hours of operation are typical. Excluded are delicatessens and other specialty food shops having a sizeable assortment of fresh fruits, vegetables and fresh-cut meats.

"Court" means an unoccupied area open to the sky, other than a yard, on the same site as a structure and bounded on two (2) or more sides by a structure.

Coverage, Lot or Site. "Lot or site coverage" means the percentage of a site covered by a roof, soffit, trellis, that portion of an eave or overhang extending more than two and one-half (2.5) feet from a wall, by a deck more than thirty (30) inches in height, by a swimming pool, spa or sports court (such as a tennis or basketball court) and by mechanical equipment.

"Crop production" means the raising and harvesting of orchard crops, raw crops or field crops on an agricultural or commercial basis, including primary processing and packaging, but excluding canning and secondary food production. Facilities include granary, barn, greenhouse and packing structure.

"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana, whether for personal use or for commercial or nonprofit purposes.

"Cultural institution" means a nonprofit institution displaying or preserving objects of interest in the arts or sciences. This classification includes library, museum and art gallery.

Day Care, General. "General day care" means providing nonmedical care for fifteen (15) or more persons on a less than twenty-four (24) hour basis. This classification includes nursery school, preschool and day care center for children or adults.

Day Care, Small Family. "Small family day care" means nonmedical care and supervision of eight or fewer children on a less than twenty-four (24) hour basis. This classification includes a nursery school, preschool and day care center for children. Health and Safety Code Section 15977.44.

Day Care, Large Family. "Large family day care" means nonmedical care and supervision of fourteen (14) or fewer children on a less than twenty-four (24) hour basis. This classification includes a nursery school, preschool and day care center for children. Health and Safety Code Section 1597.465.

"dBA" means a number in decibels read from a sound level meter with the meter switched to the weighted scale "A."

"Deck" means a platform, either freestanding or attached to a building, that is supported by pillars or posts (see also: "Balcony").

Deck, Elevated. See Section 17.35.2.

"Demolition" means to destroy or tear down all or part of a building or other structure.

"Destroy" means to kill or to take action that could foreseeably endanger the health or vigor of a tree, including, but not limited to, excessive or improper pruning of a tree, grade changes around or near a tree, excessive irrigation of a tree, and trenching within the dripline or protected perimeter of a tree.

"Development" means any activity involving or related to the placement of any structure, grading, change in the density or intensity of land use from that which is legally existing, including subdivision of land or air space, or demolition, repair or alteration of a structure or facility.

"Development project" is a project requiring a building or grading permit.

"Diameter" means the distance across the tree from outside bark to outside bark measured at four and one-half (4.5) feet above the natural grade of the tree.

"Director" means the Planning Director or his or her designated representative.

"Distribution line" means an electric power line bringing power from a distribution substation to a consumer.

"District" means a portion of the city within which the use of land and structures and the location, height, and bulk of structures are governed by this title.

"Dripline" means the outermost edge of the tree's canopy. When depicted on a map, the dripline appears as an irregularly shaped circle that follows the contour of the tree's canopy as seen from above.

"Driveway" means a paved or unpaved area or private right-of-way necessary or used to provide direct access for vehicles between a street and either:

An area providing vehicular access to three or fewer lots or on a residential lot containing required parking spaces;

2.

An aisle between spaces in a parking lot;

3.

A loading berth; or

4.

A refuse storage area.

A driveway shall not be considered for yard setback purposes.

"Dwelling" means a building designed exclusively for residential occupancy, including single-family and multifamily uses.

"Dwelling, Multifamily." "Multifamily dwelling" means a building on one lot used and designed as a dwelling for two or more families living independently of each other with an individual kitchen for each. This definition includes, without limitation, apartments, residential condominiums and townhomes. This definition excludes any single-family dwelling that contains or is attached to an accessory dwelling unit.

"Dwelling, Single-Family." "Single-family dwelling" means a building on one lot designed exclusively for occupancy by one family, even if the building or lot also contains an accessory dwelling unit.

"Dwelling unit" means one or more habitable rooms designed for occupancy by only one family for living and sleeping purposes, and having a kitchen for fully self-contained living purposes.

"Emergency shelter" shall be defined as in State law (see Health and Safety Code Section 50801, Government Code Section 65582) to mean housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

"Employee/Farmworker Housing" means a housing accommodation developed for and/or provided to farmworkers.

Entertainment, Live. "Live entertainment" means any of the following activities on the site of a use other than a public or semi-public use:

1.

A comedy act, musical, theatrical or dance recital or similar entertainment performed by one or more persons, regardless of whether performers are compensated;

2.

Any form of dancing by patrons or guests at a business establishment;

A fashion show, except when conducted within an enclosed building used primarily for the manufacture or sale of clothing.

"Environmental preservation zone" includes that geographical area of the city shown on the North Orinda Specific Plan Map adopted November 21, 1978, and designated as "environmental preservation." A copy of the map is on file in the Orinda Planning Department.

"Exception" means a deviance from the standards and requirements of this title which is authorized in Title 17 and permitted under Chapter 17.32.

"Family" means one or more persons occupying a dwelling unit and living as a single housekeeping unit.

"Farmers' market" means retail sales of produce and other food items conducted by a sponsor.

"Fence" means a barrier made of wire, wood, metal, masonry or other material used as a screen or enclosure for a yard or open space. It includes a wall, gate or structure used as a fence. A retaining wall or freestanding sign is not considered a fence.

Front Yard. See Yard, Front.

"Fully enclosed and secure structure" shall mean a fully enclosed space within a building that complies with Title 15 of this Code, or if not subject to that Title, that has a complete roof and a foundation, slab or equivalent base to which the floor is secured and that is secure against unauthorized entry and accessible only through one or more lockable doors. Walls, doors, windows, and roofs must be constructed of solid and firm material such as wood, metal, or, in the case of windows, glass. Plastic sheeting or similar products do not satisfy this requirement.

"Game center" means a business where the primary use is the playing of electronic or mechanical games, or where the game use is ancillary, and more than three game machines are proposed.

Garage, Private. "Private garage" means a detached accessory structure or portion of a principal structure on the same lot as the dwelling for the parking or temporary storage of an automobile belonging to the occupant of the dwelling.

"Garage sale" means the sale of tangible personal property at a residential site.

"General plan" means the City of Orinda General Plan with amendments.

"Government office" means an administrative, clerical or public contact office of a federal, state or local government agency, including postal facilities, together with incidental storage and maintenance of vehicles.

Grade, Existing. "Existing grade" means the surface of the ground at any point on the perimeter of an existing or a proposed structure as the grade exists (without alteration) prior to application for required approvals.

Grade, Street. "Street grade" means the top of the curb or the top of the edge of the pavement or traveled way where no curb exists.

"Grading" means any activity related to the cutting, filling, compaction or other movement of earth, including storage of moved earth materials, on a property as regulated by this title.

"Hearing official" means the City Council, the Planning Commission, or the Zoning Administrator, as the case may be.

"Hedge" means a barrier formed by bushes, shrubs or trees growing close together in a line so as to be used as a screen or enclosure for a yard or open space.

Height. See Section 17.4.19.

Height, Aggregate. See Section 17.4.20.

Heritage Tree. See Section 17.24.2.

"Home occupation" means a commercial enterprise conducted in a dwelling unit or accessory building in a residential district that is incidental to the principal residential use.

"Hospital" means a state-licensed facility providing medical, surgical, psychiatric or emergency medical services to sick or injured persons, primarily on an inpatient basis. This classification includes incidental facilities for out-patient treatment, as well as training, research and administrative services for patients and employees.

Horticulture, Limited. "Limited horticulture" means cultivation of flowers, fruits, vegetables, or ornamental trees and shrubs on a wholesale basis with incidental retail sales and where no other garden, nursery or landscape merchandise is sold or stored on the site.

Illumination, Direct. "Direct illumination" means illumination by means of light that travels directly from its source to the viewer's eye.

Illumination, Indirect. "Indirect illumination" means illumination by means of light cast or reflected upon an opaque surface from a concealed source.

"Junior accessory dwelling unit" means a residential unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. This definition is intended to match that in California Government Code Section 65852.22(h)(1).

"Kitchen" means any room or part of a room within a building which is designed, built, used or intended to be used for storage and food preparation and dishwashing in conjunction with the establishment or use of a dwelling unit; but not including a bar, butler's pantry or similar room adjacent to or connected with a kitchen. Food preparation facilities shall include 220-volt electrical or natural or propane gas service, unless otherwise specified by this Code.

Laboratory, Limited. "Limited laboratory" means an establishment providing medical or dental laboratory services or establishment with less than two thousand (2,000) square feet providing photographic,

analytical, or testing service.

"Landscape" means to plant and maintain some combination of trees, ground cover, shrubs, vines, flowers or lawn. Landscaping may include natural features such as existing or imported rock and structural features including fountains, pools, art work, screens, walls, fences or benches. A landscaped area may also include a walkway or concrete plaza if it is an integral part of the elements of landscaping described in this section.

"Landscape structure" means a decorative structure typically associated with landscaping that is located outside of and separate from a building. Landscape structure includes, but is not limited to, a trellis, arbor, fountain, artwork/sculpture, or similar structures. Landscape structure does not include fences and accessory structures.

Landscaping, Interior. "Interior landscaping" means landscaped area or areas within the shortest circular line defining the perimeter or exterior boundary of the parking or loading area, or similar paved area, excluding driveways or walkways providing access to the facility (as applied to parking and loading facilities or to similar paved areas).

Landscaping, Perimeter. "Perimeter landscaping" means landscaped area adjoining and outside the shortest circular line defining the exterior boundary of a parking or loading area, or similar paved area, excluding driveways or walkways providing access to the facility (as applied to parking and loading facilities or to similar paved areas).

"Liquor store" means an establishment primarily engaged in the sale of alcoholic beverages for off-site consumption and incidental sale of general merchandise. This classification includes wine tasting rooms as an incidental use to wine sales. The sale of nonalcoholic beverages and food items is incidental to a liquor store.

"Living area" means the interior habitable area of a dwelling unit including basements and attics but does not include a private garage or any accessory structure.

"Lot" means a site or parcel of land under single ownership that has been legally subdivided, resubdivided or merged. The term for the purpose of application of this title also includes "parcel" and "site."

Lot Area, Net. "Net lot area" means the horizontal area within the property lines excluding streets, alleys, vehicular easements and areas to be included in future street rights-of-way as established by easement, dedication or ordinance.

Lot, Corner. "Corner lot" means a site bounded by two or more adjacent street lines that have an angle of intersection of not more than one hundred thirty-five (135) degrees.

"Lot depth" means the horizontal distance measured at right angles from the midpoint of the front lot line to the rear lot line. Where the configuration of a lot prevents measurement of the lot depth pursuant to this requirement, the lot depth shall be the longest possible straight-line distance measured at a right angle from a point on the front lot line to the point furthest back on the lot.

Lot, Double-Frontage. "Double-frontage lot" means an interior lot fronting on more than one street. Each frontage from which access is permitted is considered a front lot line for development purposes.

Lot, Flag. "Flag lot" means a lot shaped so that the lot body (the widest part of the lot) does not have street frontage but is connected to the street by a lot stem. For this purpose, a "lot stem" is a strip of land: (1) which is contiguous with the body of a lot, (2) the width of which is less than both the required lot width and the average width of the lot, and (3) which usually provides access to the body of the lot. Typically, required setbacks render the area of a lot stem unbuildable.

Lot Front Width. See Section 17.4.9.

"Lot line" means the line bounding a lot.

"Lot line adjustment" means the adjustment of a lot line between two or more existing adjacent parcels where the land taken from one parcel is added to the adjacent parcel and where a greater number of parcels than originally existed is not created, consistent with the state Subdivision Map Act.

Lot Line, Front. "Front lot line" means a lot line located at the front of a lot, typically along the edge of a street or street right-of-way.

Lot Line, Interior. "Interior lot line" means a lot line not abutting a street.

Lot Line, Rear. "Rear lot line" means a lot line, not a front lot line, that is parallel or approximately parallel to the front lot line and located to the rear of the lot, furthest from the front lot line.

Lot Line, Side. "Side lot line" means any lot line that is not a front lot line or a rear lot line.

Lot, Nonconforming. "Nonconforming lot" means a lot which was lawfully subdivided or established, but which does not conform with the regulations for the district in which the lot is located by reason of adoption or amendment of this title or previous regulations or by reason of annexation of territory to the city.

"Low (very), low or moderate income household" means a person or family whose income does not exceed the limits of the area income, by classification, as described in California Health and Safety Code Section 50093.

"Low Barrier Navigation Center" means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

"Lower-income household" means a person or family, whose income does not exceed the qualifying limits for lower income families as established pursuant to Section 8 of the United States Housing Act of 1937 and as described in California Health and Safety Code Section 50079.5.

"Maintenance and repair service" means an establishment providing on-site repair and incidental sales of supplies for appliances, office machines, home electronic equipment and computers, bicycles, tools, or garden equipment within an enclosed building. This classification includes furniture refinishing and repair, or building maintenance services, but excludes maintenance and repair of vehicles (see "Vehicle/equipment sales and services"), boats or ships, or industrial equipment.

"Maintenance or service facility" means a facility for use by public entities and utilities providing storage areas and maintenance and repair services for vehicles and equipment. This classification includes

corporation yards, equipment service centers and similar facilities.

"Manufactured home" means a prefabricated or factory-built structure certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 that is attached to a permanent foundation and is used as a dwelling unit. This definition is intended to include mobile homes and modular homes which meet material standards for manufactured homes.

"Marijuana" means all parts of the plant Cannabis sativa L., Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include: (i) industrial hemp, or (ii) the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. As defined, marijuana includes cannabis and both medical and nonmedical marijuana/cannabis. Medical includes "medicinal."

"Marijuana products" means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients.

"Mediator" means a neutral, objective third person who assists people in finding a mutually satisfactory solution to a problem.

"Multifamily residential" means the multifamily residential zone characterized by two or more dwelling units on a lot. This classification includes mobile homes and manufactured housing; it excludes accessory dwelling units in all residential districts which comply with the requirements of Title 17.

"Municipal Code" means the Municipal Code of the City of Orinda.

"Neighborhood" means the area measured by homes within a three hundred (300) foot radius of any point on the property line of the lot on which the subject property is located.

"Net Parcel Area." See Section 17.6.7.

"Nonconforming structure or building" means a structure or building or part of a structure that conformed with regulations in place at the time of construction and was built with required permits but due to changes in the regulations does not conform to current requirements.

"Nonconforming use" means a use of a structure or land which was lawfully established and maintained, but which does not conform with the use regulations, required conditions or other use requirements of this title for the district in which it is located, including density and parking regulations, by reason of adoption or amendment of this title or previous regulations or by reason of annexation of territory to the city.

Office, Business and Professional. "Business and professional office" means an establishment engaged in the provision of executive, management, administrative, consulting or professional services, such as architectural and interior design, city planning, environmental analysis, landscape architecture, engineering, real estate (as may be further limited by the specific zoning district), insurance, investment, legal, secretarial, accounting, computer programming and data processing, desktop publishing, psychology,

of executive, management, administrative, consulting or professional services, such as architectural and interior design, city planning, environmental analysis, landscape architecture, engineering, real estate (as may be further limited by the specific zoning district), insurance, investment, legal, secretarial, accounting, computer programming and data processing, desktop publishing, psychology,

advertising and public relations, title insurance, bail bonds, medical or dental offices (including acupuncturists, homeopaths and chiropractors), prescription pharmacy (if included within a medical office), entertainment (including ticket agencies), building and construction offices (excluding contractor yards), sales representatives, collection, or personnel agency.

"Off-street loading facility" means that portion of a site or structure devoted to the loading or unloading of a motor vehicle or trailer, including a loading berth, aisle or access drive.

"Off-street parking facility" means that portion of a site devoted to the off-street parking of a motor vehicle, including a parking space, aisle or driveway ramp.

Open Space, Common. "Common open space" means an open area within a residential development reserved for the use of the residents of the development and guests, and, if provided for through the conditions of approval of the development, the general public.

Open Space, Private. "Private open space" means an open area outside of a building adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of the resident of the dwelling unit and guest.

"Outdoor living area" means an area on the exterior of the second unit that is designed for human habitation, including but not limited to, a patio, a barbecue pit, an outdoor dining table, a hammock, a lounge chair, a bench, a spa or a deck.

"Outdoor marijuana cultivation" shall mean the cultivation of marijuana in any location within the City of Orinda that is not inside a dwelling or inside a fully enclosed and secure accessory structure.

"Owner-occupant" means a person who has an ownership interest in the property and also occupies the property as a primary residence.

"Parcel" means a recorded property under single ownership.

"Park or recreation facility" means a park, a playground, a recreation facility (other than commercial recreational uses) and open space, public or private.

"Parking Lot." (See: "Off-street parking facility.")

Parking Space, Automobile. "Automobile parking space" means a space within a building or open off-street parking facility for the parking of an automobile exclusive of driveway, aisle, ramp, columns or office and work area.

Parking Space, Covered. "Covered parking space" means a carport or garage or, in multifamily residential development, spaces covered by a roof or building but not necessarily enclosed.

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of an accessory dwelling unit.

"Permitted" means a use or improvement for which discretionary review and approval from the City Council, Planning Commission, or the Zoning Administrator is not required by this code.

"Personal development services" means the provision of instructional services or facilities, including photography, fine arts, crafts, music studio, driving school and diet center.

"Personal property sale" means the sale of personal property on a noncommercial basis. This use includes garage and estate sales.

"Personal services" means provision of services and incidental sales of a personal nature. This classification includes barber and beauty shop, watch and jewelry repair, engraver, picture framing, seamstress, tailor, shoe repair shop, dry cleaner, locksmith, film developing, telegraph and fax services, mail receiving and boxes, delivery services and self-service laundry.

"Philanthropic event" means sale of tickets, fundraising and use of public or private facilities for nonprofit organization or to benefit charitable cause, including use of residential, commercial or office space.

"Porch" means a covered platform, usually having a separate roof, at an entrance to a dwelling, or an open gallery or room, which is not heated or cooled, that is attached to the outside of a building.

"Pre-existing View" or "Sunlight." See Section 17.22.4.

"Prezoning" means the zoning district classification as prescribed by this title that has been designated for a site before annexation to the city.

"Primary living area" means the portion of a residence from which a view is observed most often by the occupants relative to other portions of the residence. The determination of primary living area is made on a case-by-case basis.

"Professional arborist" means a person certified as an arborist by the International Society of Arboriculture or a person who, as determined by the Director, is equally qualified in the field of arboriculture.

"Project" means any development proposal for new or changed use, or for new construction, alteration, repair or enlargement of a structure that is regulated by this title (see: "Development").

"Property Line" (see: "Lot line").

"Property owner" means a person holding complete or partial ownership of a lot, parcel or site regulated by this title.

"Protected perimeter" means the area around the tree within the dripline plus a ten-foot-wide strip of ground surrounding the dripline.

"Protected tree" means a tree which has been so designated in accordance with Chapter 17.21 of the Orinda Municipal Code.

"Pruning" means the selective removal of tree branches.

"Public parking facility" means a publicly-owned, off-street parking facility, including surface parking or parking structure, for the temporary parking of automobiles by the general public.

"Public safety facility" means a facility for public safety and emergency services, including police and fire protection and emergency ambulance service.

"Public transit terminal" means public or publicly regulated facility for passenger transit service and operations. This includes a rapid transit station, bus terminal, and park-and-ride lot.

"Real property sale" means a sale, leasing or rental of lots or structures. This includes the on-site sale of subdivision lots or structures.

"Rear Yard." See Yard, Rear.

"Recreational vehicle" means a vehicle, other than an automobile, which is self-propelled, motorized and has self-contained living quarters, including a kitchen, bathroom and sleeping areas, and may be used for the transportation of people upon a street or highway, but not including any vehicle designed for travel on stationary rails or tracks. This definition also includes motor homes and travel trailers.

"Religious assembly" means a facility for religious worship and incidental religious activities and education, but not including private school.

"Removal" means the elimination of a tree from its present location.

"Renovation" means reconstruction of an existing primary residence involving no change in the existing footprint, height, floor area, and volume of the primary residence, except for de minimis changes. Whether a project is a renovation will be determined by proof made according to Planning Department requirements.

"Research and development services" means an establishment primarily engaged in industrial or scientific research, including limited product testing. This classification includes electronic research firm, computer software development and pharmaceutical research laboratory, but excludes manufacturing or medical testing and analysis.

"Resident" means a person who occupies a dwelling as a home on a permanent basis, and has no other permanent place of residence.

"Residential Care, Limited" or "Limited residential care" means twenty-four (24) hour nonmedical care for eight or fewer persons in need of personal services, supervision, protection or assistance essential for sustaining the activities of daily living which are licensed by the state of California. Health and Safety Code Sections 1568.0831, 1569.85, and 11834.23.

"Residential Care Facility" means a facility, which demonstrates compliance with state law and a license to operate the facility, which is maintained and operated to provide twenty-four (24) hour nonmedical care for persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living or for the protection of the individual.

"Restaurant" means an establishment where consumers dine while seated at a table, booth or counter, either inside or outside the building.

"Restaurant, Take-Out" or "Take-out restaurant" means a take out restaurant provides prepared food primarily for consumption off the premises. Typical characteristics of a take-out restaurant include, but are not limited to, the purchase of food at a walk-up window or counter, payment for food prior to consumption and the packaging of food in disposable containers. A restaurant shall not be considered a take-out restaurant solely on the basis of incidental or occasional take-out sales.

"Restorative action" means a specific requirement to resolve a tree dispute.

"Retail sales" means the sale of tangible goods to the ultimate consumer.

"Ridgeline." See Subsection 17.5.2.B.

"Ridgeline Lot." See Subsection 17.5.2.C.

"Riparian vegetation" means vegetation associated with any watercourse which requires or tolerates moisture in excess of that available in adjacent uplands.

"Rummage sale" means the sale of secondhand property including reclaimed or salvaged goods by a charitable, religious or nonprofit organization.

"Scenic corridor" is that area of land on and adjacent to streets and SR 24 which have been designated within the general plan as scenic corridors.

"School, Commercial" or "Commercial school" means an establishment engaged in the teaching of technical or vocational skills, including barber and beauty colleges, real estate, modeling, computer programming, and secretarial school.

"School, Public or Private" or "Public or private school" means an education institution, attendance at which satisfies the compulsory education laws of the State of California.

"Senior citizen" means a person fifty-five (55) years of age or older. This definition includes the term "qualifying resident" described in California Civil Code Section 51.3.

"Senior Housing Facilities" are housing facilities that qualify as "housing for older persons" ("HOP") under the Federal Fair Housing Act, 42. U.S.C. § 3607(b), and as "housing for senior citizens" ("HSC") under the Unruh Civil Rights Act, Civil Code Sections 51.2 and 51.3.

"Service station" means an establishment primarily engaged in the retail sale of gasoline and motor fuel, auto parts and supplies, and incidental auto repair.

"Setback" means the required minimum distance from any point on a property line to the nearest point on the nearest structure.

"Shopping center" means a complex consisting of buildings containing not less than four independently operated stores or shops developed under one comprehensive plan where the ground-floor stores have access directly to a sidewalk or parking lot, and where all stores are served by a common parking lot. The recording of a condominium subdivision map does not affect the status of a shopping center.

"Short-term rental" means a dwelling that is leased or rented in full or in part for the purpose of overnight lodging for less than thirty (30) consecutive day terms. Short-term rentals are not considered home occupations (as defined in Section 17.3.7).

"Side Yard." See Yard, Side.

"Single-family residential" means a building containing one dwelling unit located on a single lot. This classification includes a mobile home and manufactured housing, and lots containing a single-family

dwelling and one accessory dwelling unit.

"Single ownership" means holding record title, possession under a contract to purchase, or possession under a lease, by a person individually, jointly, in common, or in any other manner where the property is or will be under unitary or unified control.

"Site" means a lot, or group of contiguous lots or parcels that is proposed for development under this title, and is in a single ownership.

"Small Family Day Care." See Day Care, Small Family.

"Specific plan" means a plan for a defined area authorized by state law that is consistent with the general plan.

"Specified anatomical areas" means human genitals (pubic region), buttocks or female breasts below a point immediately above the areola when less than completely and opaquely covered; or human male genitals in a discernible turgid state, even if completely and opaquely covered.

"Specified sexual activities" means human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, oral copulation, or sodomy; fondling or other erotic touching of human genitals (pubic region), buttocks or female breasts.

"Sports court" means an unenclosed facility with fencing above six feet in height.

"Square footage" means the measure of area for the purposes of identifying permitted square footage, lot area or similar measurement as referenced in this title.

"Storage, Outdoor" or "Outdoor storage" means storage or placement of equipment, merchandise or products not otherwise permitted outside of a building.

"Street" means a public or private thoroughfare, including a right-of-way easement which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and other thoroughfare, except an alley or driveway.

"Street fair" means the provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring use of roofed structures.

"Street line" means the boundary between a street and property.

"Street Line, Future" or "Future street line" means an established line from which the minimum front or street side yard is measured. If no specific future street is established, the future street line is the adjacent existing right-of-way of an abutting public or private street, roadway or easement. A future street line is established to provide for future street widening or construction, delineating the area open, or to be open, to public use.

"Structure" means anything constructed or erected that requires a location on the ground, including a building or a swimming pool and installation of ground-mounted equipment.

"Structural alteration" means any change in the supporting members of a structure or building, such as bearing wall, column, beam or girder.

"Structure Principal" or "Principal structure" means a structure on a site which contains (or is proposed concurrently for development with) the primary use or uses permitted in or intended for a zone. This includes a single-family dwelling within a single-family residential zone.

"Stump growth" means new growth from the remaining portion of the tree trunk, the main portion of which has been cut off.

"Subdivision" means a site divided and recorded for the purpose of sale, lease or financing of individual lots or parcels, as regulated by the state Subdivision Map Act and City ordinance.

"Substantially screened from view" means screened from a street or other property by a fence or landscaping so that a vehicle is not visible or is barely visible.

"Substation" means a subsidiary electrical transmitting facility in which electric current is transferred from power lines and distributed to local consumers.

"Supportive housing" shall be defined as in State law (see Health and Safety Code Section 50675.14, Government Code Section 65582) to mean "housing with no limit on length of stay, that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community." Within this definition, the phrase "target population" includes "persons with disabilities", "families who are homeless", and "homeless youth", all as defined by State law.

"Swimming pool, spa and hot tub" means a water-filled enclosure having a depth of eighteen (18) inches or more typically used for swimming or recreation.

"Tavern." See "Bar."

"Temporary use" means an occasional use or event of very limited duration.

"Thinning" means the selective removal of entire branches from a tree to improve visibility through the tree or improve the tree's structural condition.

"Topping" means elimination of the upper portion of a tree's trunk or main leader.

"Trade fair" means the display and sale of goods or equipment related to a specific trade or industry for a maximum period of ten days.

"Transitional housing" shall be defined as in State law (see Health and Safety Code Section 50675.2, Government Code Section 65582) to mean "buildings configured as rental housing developments, but

operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months from the beginning of assistance."

"Transmission line" means an electric power line bringing power to a receiving or distribution substation.

"Travel service" means establishments providing travel information and reservation to individuals and businesses. This classification excludes automobile rentals.

"Use" means the purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered or enlarged or for which either a site or a structure is or may be occupied or maintained.

"Use, Accessory" or "Accessory use" means a use that is appropriate, subordinate and customarily incidental to the primary use (use permitted in or intended for a zone) of the site and which is located on the same site as the primary use.

"Utility, Major" or "Major utility" means a power substation, refuse collection and recycling facility (but not including a hazardous waste facility), water reservoir, water or wastewater treatment plant, or similar facility of a public agency or public utility, but not including any city facility. Also includes above ground distribution or transmission lines including service for telephone or cable television. A utility structure that may have a significant effect on surrounding uses is regulated under this classification.

ous waste facility), water reservoir, water or wastewater treatment plant, or similar facility of a public agency or public utility, but not including any city facility. Also includes above ground distribution or transmission lines including service for telephone or cable television. A utility structure that may have a significant effect on surrounding uses is regulated under this classification.

"Utility, Minor" or "Minor utility" means a public utility that is necessary to support legally established uses and involves only minor facilities or structures such as a drainage channel, aqueduct, small sewer or water pump station or substation (of less than two hundred (200) gross square feet, with adequate noise attenuation) or underground water, sewer, drainage, gas, electricity, telephone or related utility lines.

"Variance" means a deviance from the standards and requirements of this title which is granted under Chapter 17.33.

"Vehicle/equipment sales and services" includes the following:

1.

"Automobile rental" means the rental of automobiles. Routine automobile maintenance is incidental to automobile rental.

2.

"Automobile repair" means the limited repair and service or installation of parts for automobiles.

3.

"Automobile washing" means the washing, waxing or cleaning of automobiles by mechanical or semimechanical devices or by employees.

4.

"Commercial parking facility" means lots offering short-term or long-term parking to the public for a fee, primarily for parkers who are not tenants of, or visitors to, an establishment for which such parking is required.

"Vehicle/equipment sales and rental" mean the sale or rental of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, mobile homes, and similar equipment, including storage and incidental maintenance. An establishment engaged only in the rental of automobiles is classified under automobile rentals.

"Visible" means noticeable by a person six feet in height walking on a street or sidewalk two years after installation of any planting intended to screen a view, or as noted specifically within this title.

"Visitor accommodations" means commercial establishments offering lodging to transients.

1.

"Bed and breakfast inn" means an establishment providing guest rooms for lodging on a less than weekly basis typically in a converted single-family or multifamily dwelling, with incidental eating and drinking service provided from a single kitchen for lodgers only.

2.

"Hotel" means an establishment providing guest rooms for lodging, typically on a less than weekly basis, with no or minimal kitchen facilities in the guest units. This classification may include recreational facilities, or eating, drinking and banquet service, incidental to the hotel operation.

3.

"Motel" means an establishment with guest rooms or units providing no or minimal kitchen facilities, but having a separate entrance leading directly to the outside of the building and adjacent to an individual parking space.

"Wall plane" means the exterior vertical surface of a structure, which is at least eight feet in height.

"Wall, Skirt." "Skirt wall" means the exterior vertical surface of a structure, located at or below the elevation line of the lowest finished floor, to the bottom of the wall (or where the wall intersects final grade).

"Windowing." See Section 17.22.4.

"Yard" means an open area other than a court, unoccupied and unobstructed by a structure or use.

"Yard, Corner Side." "Corner side yard" means a yard between the corner side (or edge of street right-ofway or pavement, whichever line may encroach furthest into a lot) lot line and the nearest line of the building and extending from the rear of the front yard to the front of the rear (interior) lot line.

"Yard, Front." "Front yard" means a yard extending across the full width of the lot between the front lot line (or edge of street right-of-way or pavement, whichever line may encroach furthest into a lot) and the required front yard setback line of the respective zone, measured parallel to the front lot line. If a future street right-of-way line is established for the street upon which the lot abuts, the measurement is taken from the future street right-of-way line adjacent to the nearest line of the building. The depth of a required front yard is measured horizontally from the front lot line toward the nearest part of a structure.

"Yard, Rear." "Rear yard" means a yard extending across the full width of the lot (except on a corner lot) between the rear lot line and the required rear yard setback line of the respective zone, measured parallel to the rear lot line. The depth of a required rear yard is measured horizontally from the rear lot line toward the nearest part of a structure.

"Yard Setback." (See "Setback.")

"Yard, Side." "Side yard" means a yard between the side lot line and the required side yard setback line of the respective zone, measured parallel to the side lot line. The depth of a required side yard is measured horizontally from the side lot line toward the nearest part of a structure.

"Zoning ordinance" means Title 17, titled "Zoning," of the Orinda Municipal Code, as amended from time to time.

(Ord. 05-07 § 3; Ord. 03-03 § 2; Ord. 02-03 §§ 2, 33 (part); Ord. 00-2 §§ 2, 3; Ord. 99-5 § 2 Exh. A (part); Ord. No. 10-11, § 2, 12-21-10; Ord. No. 11-04, § 1, 5-3-11; Ord. No. 13-03, § 2(Att. A), 12-17-13; Ord. No. 14-04, § 2(exh. A), 5-20-14; Ord. No. 15-02, § 2(Exh. A), 11-20-15; Ord. No. 17-03; § 2(Att. A), 8-1-17; Ord. No. 17-04; § 2(Att. A), 9-5-17; Ord. No. 17-05, § 2(Att. A), 9-5-17; Ord. No. 18-02, § 2(Att. A), 3-6-18; Ord. No. 19-03, § 2(Att. A), 6-18-19; Ord. No. 20-02, § 2(Att. A), 5-19-20; Ord. No. 25-02, § 2(Att. A), 5-20-25; Ord. No. 25-06, § 2(Att. A), 1-20-26)

Chapter 17.3 - RESIDENTIAL DISTRICT BASE USE RESTRICTIONS

The purposes of the residential district use restrictions are to:

A.

Provide appropriately located areas for residential development that are consistent with Orinda's predominant semi-rural character as defined in the general plan and, for those lands within its boundaries, with the North Orinda Specific Plan, and with standards of public health and safety established by the Municipal Code;

B.

Ensure preservation of adequate light, air, privacy, views, parking and open space for each dwelling unit, and protect residents from the harmful effects of excessive noise, overcrowding, traffic congestion and other adverse environmental effects which may diminish the desired character of residential neighborhoods;

C.

Accommodate second dwelling units, home occupations and other ancillary uses on lots zoned for singlefamily residential use, subject to appropriate standards;

D.

In addition to the primary residential uses of the zone, provide for additional land uses which complement the character of residential development.

(Ord. 99-5 § 2 Exh. A (part))

There are eleven (11) residential districts in the City of Orinda, as follows.

A.

RVL-E (Residential Very Low Density—Estates). The RVL-E district encompasses parcels with a minimum net lot size of ten acres.

B.

RVL (Residential Very Low Density). The RVL district encompasses parcels with a minimum net lot size of five acres.

C.

RL-40 (Residential Low Density—Forty Thousand square feet). The RL-40 district encompasses parcels with a minimum net lot size of forty thousand (40,000) square feet.

D.

RL-20 (Residential Low Density—Twenty Thousand square feet). The RL-20 district encompasses parcels with a minimum net lot size of twenty thousand (20,000) square feet.

E.

RL-15 (Residential Low Density—Fifteen thousand square feet). The RL-15 district encompasses parcels with a prescribed net lot size of fifteen thousand (15,000) square feet.

F.

RL-12 (Residential Low Density—Twelve thousand square feet). The RL-12 district encompasses parcels with a prescribed net lot size of twelve thousand (12,000) square feet.

G.

RL-10 (Residential Low Density—Ten thousand square feet). The RL-10 district encompasses parcels with a prescribed net lot size of ten thousand (10,000) square feet.

H.

RL-6 (Residential Low Density—Six thousand square feet). The RL-6 district encompasses parcels with a prescribed net lot size of six thousand (6,000) square feet.

I.

RM (Residential Medium Density). The RM district permits a density of no greater than ten units per acre.

J.

RH-25 (Residential High Density—Twenty-five dwelling units per acre). The RH-25 district requires a minimum density of twenty (20) units per acre and a maximum density of twenty-five (25) units per acre.

K.

RH-40 (Residential High Density—Forty dwelling units per acre). The RH-40 district requires a minimum density of twenty (20) units per acre and a maximum density of forty (40) units per acre.

(Ord. 99-5 § 2 Exh. A (part); Ord. No. 25-04, § 2(Att. A, § 2), 11-3-25)

A.

Permitted Uses. A use in the RVL, RL, RM, or RH district is permitted with or without a permit as provided in Schedule 17.3.3, entitled "RVL, RL, RM, and RH Districts—Land Use Regulations." A use classification followed by the letter "P" is a use that is permitted by right and does not require a use permit. A use classification followed by the letter "L" is a permitted use that is subject to certain limitations prescribed under the "Additional Use Regulations" which follow within this chapter. A use classification followed by the letter "U" is a use authorized in a residential district on approval of a use permit. A use classification followed by the letter "T" is a use permitted on approval of a temporary event permit. Definitions of use appear in Chapter 17.2 of this title.

B.

Zoning Administrator Determination. Where a proposed use is not specifically listed on Schedule 17.3.3, entitled "RVL, RL, RM, and RH Districts—Land Use Regulations," the Zoning Administrator shall make a determination of use classification based upon consideration of activity characteristics of the proposed use.

C.

Use Permit for Certain Ancillary Uses. Certain ancillary uses in the RL and RVL districts may require a use permit under Chapter 17.31.

Schedule 17.3.3

(1) May only be considered if property has frontage on an arterial or collector street.

• (2) Must demonstrate compliance with state law and license to operate facility.

• (3) Employee and farmworker housing that serves six or fewer persons.

(Ord. 03-03 § 3 Exh. 1; Ord. 99-5 § 2 Exh. A (part); Ord. No. 16-03, § 2(Att. A), 4-12-16; Ord. No. 17-03; § 2(Att. A), 8-1-17; Ord. No. 17-05, § 2(Att. A), 9-5-17; Ord. No. 25-02, § 2(Att. A), 5-20-25; Ord. No. 25-04, § 2(Att. A, § 2), 11-3-25)

17.3.4 - Accessory Dwelling Units (ADUs).

A.

Purpose. The purpose of this section is to comply with state law regarding accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) [California Government Code Sections 66314 and 66333]. To the extent anything in these regulations is inconsistent with state law, including as it may be amended, state law will govern and these regulations will be interpreted and applied as required by state law.

B.

Streamlined ADUs. Pursuant to California Government Code Section 66323 the City shall approve ADUs and JADUs in a streamlined manner as required by state law. For example, the City shall approve the following streamlined ADUs if the specified development standards and use restrictions are met:

1.

State Exempt ADUs and JADUs.

a.

The unit is located within a residential or mixed use zone.

b.

The unit complies with applicable building codes, fire codes, and health and safety regulations; however, the unit is not required to provide fire sprinklers if fire sprinklers are not required for the primary dwelling.

c.

The unit may be rented in full or in part for the purpose of overnight lodging for terms of thirty (30) or more consecutive days, but it shall not be rented for overnight lodging for shorter terms, notwithstanding anything to the contrary in the City's short-term rental regulations (see section 17.3.12). Neither the primary dwelling nor the ADU or JADU shall be sold or otherwise conveyed separately from the other unit, except pursuant to California Government Code Section 66341.

d.

If the unit is connected to an onsite water system, a percolation test has been completed within the last five years, or if the percolation test has been recertified, within the last ten years.

2.

Within Existing Space (Single-Family)—ADUs and JADUs.

a.

The lot on which the ADU or JADU is located contains an existing or proposed single-family dwelling.

b.

One ADU and one JADU are permitted per lot with a proposed or existing single-family dwelling if all of the following apply:

i.

The ADU or JADU has exterior access independent from the existing residence.

ii.

The existing single-family dwelling or accessory structure has side and rear setbacks sufficient for fire and safety, as determined by the Moraga-Orinda Fire Protection District (MOFD). If the existing residence or structure complies with the City's setback requirements as described in Chapter 17.4, it shall automatically meet this standard.

c.

If an ADU or JADU is proposed, it is within the proposed space of a single-family dwelling, the existing space of a single-family dwelling or accessory structure, or requires an addition of no more than 150 square feet to an existing accessory structure to accommodate ingress and egress.

d.

If a JADU is proposed, it shall also comply with the requirements of California Government Code Section 66333.

Detached, New Construction (Single-Family)—ADUs.

a.

The lot on which the ADU is located contains an existing or proposed single-family dwelling.

b.

The lot on which the ADU is located does not contain another ADU, but may contain a JADU permitted pursuant to Subsection (B)(2).

c.

The ADU is detached from the single-family dwelling.

d.

The ADU is new construction.

e.

The ADU is located at least four feet from the side and rear lot lines, is no greater than eight hundred (800) adjusted square feet in floor area, and has a height in compliance with OMC section 17.3.4.(C)(4)(c).

4.

Within Existing Space (Multifamily)—ADUs.

a.

The lot on which the ADU is located contains an existing multifamily dwelling.

b.

The ADU is located within a portion of the multifamily dwelling structure that is not used as livable space.

c.

The total number of ADUs within the dwelling structure does not exceed twenty-five (25) percent of the existing number of primary dwelling units within the structure, provided that all multifamily dwelling structures shall be permitted at least one ADU pursuant to this Subsection if the other standards are met.

5.

Detached, New Construction (Multifamily)—ADUs.

a.

The lot on which the ADU is located contains an existing or proposed multifamily dwelling.

b.

The ADU is detached from the multifamily dwelling.

c.

The ADU is located at least four feet from the side and rear lot lines and has a height in compliance with OMC section 17.3.4.(C)(4)(c).

d.

Number of ADUs.

i.

On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot.

ii.

On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units.

C.

All Other ADUs. Any ADU that does not meet the standards for streamlined ADUs in Subsection B shall meet the following development standards and use restrictions:

1.

The ADU is located within a residential or mixed use zone.

2.

The lot on which the ADU is located contains an existing or proposed primary dwelling.

3.

The lot on which the ADU is located does not contain another ADU or JADU.

4.

The ADU meets all other applicable requirements of this code that do not involve discretionary review including, but not limited to, building height, setback, water channel setback, tree removal, ridgeline and environmental preservation overlay, payment of applicable fees, and building and fire code requirements; however:

a.

Passageways. To the extent required by California Government Code Section 66314, no passageway is required in conjunction with the construction of an ADU.

b.

Setbacks.

i.

No setback is required for an ADU located within existing living area or an existing accessory structure, or an ADU that replaces an existing structure and is located in the same location and to the same dimensions as the structure being replaced.

ii.

For all other ADUs, the required setback from side and rear lot lines shall be no more than four feet.

c.

Building Heights.

i.

Attached ADUs. The height limits applicable to the primary dwelling apply.

ii.

Detached ADUs.

A.

Detached ADUs located wholly or partially above a private garage shall be limited to sixteen (16) feet in height in the area between the setbacks applicable to the primary dwelling and the setbacks applicable to the ADU and otherwise limited by the height limits applicable to the primary dwelling.

B.

Detached ADUs on a lot with an existing or proposed single family or multifamily dwelling unit shall be limited to sixteen (16) feet in height.

C.

Detached ADUs on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, shall be limited to eighteen (18) feet in height. An additional two feet in height shall be allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

D.

Detached ADUs on a lot with an existing or proposed multifamily, multistory dwelling shall be limited to eighteen (18) feet in height.

d.

Fire Sprinklers. The ADU is not required to provide fire sprinklers if fire sprinklers are not required for the primary dwelling.

e.

Parking. For ADUs with one or more bedrooms:

i.

One all-weather surface, off-street parking space measuring at least nine feet by nineteen (19) feet shall be provided for the ADU.

ii.

The required parking space may be located as a tandem space in an existing driveway or in the required setbacks. "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

iii.

The above parking requirements shall not apply:

A.

To an ADU that is located within one-half (0.5) mile walking distance of public transit, defined as an existing BART or public bus stop;

B.

To an ADU that is located within an architecturally and historically significant historic district;

C.

To an ADU that is part of a proposed or existing primary dwelling unit or accessory structure;

D.

When on-street parking permits are required but not offered to the occupant of the ADU; or

E.

To an ADU that is located within one block of the designated pick-up or drop-off location of a car-share vehicle, where such vehicle is owned by a car-sharing company;

F.

When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in Government Code section 66322, subdivisions (a)(1)—(5).

f.

Skirt walls. Any skirt wall developed in conjunction with an ADU shall be less than six feet in height.

5.

The ADU may be rented, but it shall not be sold or otherwise conveyed separate from the primary dwelling except pursuant to California Government Code Sections 66340 through 66342.

6.

Maximum size. The floor area limits in Section 17.6.2 of the Orinda Municipal Code shall not apply. An ADU shall meet all of the following requirements:

a.

Pursuant to California Government Code Section 66321, the floor area shall not exceed eight hundred and fifty (850) adjusted square feet (studio or one bedroom) or one thousand (1,000) adjusted square feet (more than one bedroom); and

b.

Compliance with any other maximum size requirements contained in any applicable development agreement or other similar, lot-specific restriction on maximum size, provided that such requirements shall not be used to reduce the ADU below eight hundred (800) adjusted square feet.

c.

For determining compliance with this Subsection, floor area shall be calculated pursuant to Section 17.6.3 and Section 17.6.4 of the Orinda Municipal Code.

D.

Within sixty (60) days of receipt of a complete application, the Planning Director shall ministerially process for approval any application for a building permit for an ADU or JADU that meets all the criteria in this Section.

E.

Combination Proposals.

1.

When an ADU is proposed in conjunction with another proposal for which City approval is required under this Code (e.g., new garage, new single-family residence, substantial addition to an existing residence), the City shall follow the process as required by California Government Code Section 66320.

2.

No certificate of occupancy will be issued for an ADU prior to issuance of a certificate of occupancy for the primary dwelling.

F.

Non-Compliant Proposals. If the above requirements are not met, the proposed ADU cannot be approved under this Section. Notwithstanding any other contrary provisions of this Code, applicants may seek a variance for an ADU in accordance with Chapter 17.33 but not an exception in accordance with Chapter 17.32.

G.

Converted Parking. Notwithstanding any other provision of this code, when a private garage, carport, covered parking structure, or uncovered parking space is demolished or converted in conjunction with the construction of an ADU, the spaces are not required to be replaced, as required by California Government Code Section 66314(d)(11).

H.

Fees. No impact fees, as defined in California Government Code Section 66324(c)(1), shall be imposed on ADUs smaller than seven hundred and fifty (750) adjusted square feet. Impact fees for all other ADUs shall be charged proportionately in relation to the square footage of the primary dwelling unit.

I.

Existing Accessory Dwelling Unit. An existing ADU may be enlarged or modified in accordance with the requirements of state law and this Section.

J.

Density. To the extent required by California Government Code Section 66314, an ADU or JADU built in conformance with this Section does not count toward the allowed density for the lot upon which the ADU or JADU is located.

K.

General Plan and Zoning Designations. ADUs and JADUs are residential uses that are consistent with the City's existing general plan and zoning designations.

L.

No more than two dwelling units of any kind will be permitted by the City on a parcel created through the exercise of the authority contained in California Government Code Section 66411.7.

(Ord. 07-02 § 2: Ord. 03-03 § 4: Ord. 99-5 § 2 Exh. A (part); Ord. No. 17-03; § 2(Att. A), 8-1-17; Ord. No. 1802, § 2(Att. A), 3-6-18; Ord. No. 20-02, § 2(Att. A), 5-19-20; Ord. No. 21-8, § 2(Att. A.1), 1-11-22; Ord. No. 25-02, § 2(Att. A), 5-20-25)

The use of single-family residences as small family day care homes shall be considered a residential use of property and can be located in a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family day care home is where the family day care provider resides, and includes a

dwelling or dwelling unit that is rented, leased, or owned. No business license fee or tax shall be imposed for the privilege of operating a small family day care home. Also, such use of a residence shall not constitute a change of occupancy for the purposes of the Uniform Building Code. However, small family day care homes shall contain a fire extinguisher or smoke detector device, or both, which meets standards established by the State Fire Marshal (Government Code Section 1597.45).

(Ord. 99-5 § 2 Exh. A (part); Ord. No. 22-02, § 2(Att. A.2), 9-6-22)

The use of single-family residences as large family day care homes shall be considered a residential use of property. No business license fee or tax shall be imposed for the privilege of operating a large family day care home and it can be located in a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A large family day care home is where the family day care provider resides and includes a dwelling or dwelling unit that is rented, leased, or owned. Also, such use of a residence shall not constitute a change of occupancy for the purposes of the Uniform Building Code. Large family day care homes are subject to the State Fire Marshal standards for large family day cares (Government Code Section 1597.46) and include requirements for a fire extinguisher or smoke detector device, or both; requirements for carbon monoxide detectors; specifications as to the number of required exits from the home; specifications as to the floor or floors on which childcare may be provided; and the number of exits on each floor.

(Ord. 99-5 § 2 Exh. A (part); Ord. No. 22-02, § 2(Att. A.3), 9-6-22)

A.

Purpose and Intent.

1.

The purpose of this section is to allow a resident to conduct limited commercial or professional activities at home, i.e., home occupations, where the home occupation is incidental and subordinate to the residential use of the property. It is the intent of this section to ensure that home occupations are compatible with, and do not change the character of the surrounding residential area by generating more traffic, noise, visual impacts, or storage of materials than would normally be expected in a semi-rural residential setting.

2.

The primary nature of allowable home occupations is that such businesses will have minimal impact on neighbors, with no increase in neighborhood traffic related to the business; e.g., such businesses which are conducted entirely via the telephone, mail, Internet or provide mobile services at the customers' place of residence. Limited professional, therapeutic and educational services at the applicant's residence may also be provided pursuant to the following requirements and prohibitions.

B.

Permitted Home Occupations. A home occupation may be conducted in a residential zone if it does not violate any of the following standards:

1.

The home occupation shall be incidental and subordinate to the use of the property as a residence.

2.

The appearance of the structure in no way shall be altered, nor shall the occupation be conducted in a manner which would cause change in the colors, materials, construction, lighting or signs. There shall be no outside display, advertising sign, window display or storage of goods or materials that could be used to identify the business.

3.

The use of a garage for the purpose of a home occupation shall not decrease the amount of off-street covered parking required by Title 17.

4.

The occupation shall not create any noise, vibration, fumes, odors, dust, other emissions or electrical interference that is detectable from the street or neighboring properties.

5.

There shall be no use of (or discharge into) water, sewers, electricity, or storm drains which exceeds normal residential use.

6.

Only the permanent residents of the dwelling may be involved in the conduct of the home occupation. There shall be no employees or independent contractors.

7.

The use shall not generate vehicular or pedestrian traffic in excess of that normally associated with singlefamily use.

8.

Assembly and fabrication of goods shall be limited to small scale arts, crafts and hobby items made for offsite sale, such as through mail order, Internet, street fairs and farmers' markets.

9.

Permitted food preparation shall be limited to specialty items made for off-site sale, such as through mail order, Internet, catering, street fairs and farmers' markets, and shall have all required permits.

10.

Outdoor instruction, such as tennis and swimming lessons, shall not be audible from neighboring properties.

11.

There shall be no installation of equipment or appliances, or storage of materials, or use of vehicles, that are of a nonresidential nature. Activities conducted and equipment or material used as a part of a home occupation shall not change the fire safety or occupation classifications of the residence as set forth in the Uniform Building Code. The home occupation shall not employ the storage of flammable explosive or hazardous materials unless specifically approved by the Moraga/Orinda Fire District.

12.

No more than one company vehicle, which shall be limited to a car, van or truck (three-quarter ton maximum) may be used by the applicant, directly or indirectly, in connection with the home occupation.

13.

The home occupation shall be limited to a minor portion of the dwelling, such as one room, or twenty (20) percent of the dwelling's floor area in case where the use of one room would exceed twenty (20) percent of the dwelling's floor area.

C.

Prohibited Home Occupations. Activities which are in violation of this section are prohibited. The following occupations are categorically prohibited:

1.

Beauty parlors, barber shops and haircut salons;

2.

Retail and wholesale sales where goods would be retrieved by the buyer at location of the home occupation;

3.

Restaurants and food preparation site for the purpose of retail sales from a vehicle;

4.

Cabinet making and similar manufacturing activities;

5.

Stables, kennels, veterinary clinics, animal breeding and grooming;

6.

Appliance, automotive, engine, motorcycle repair on-site;

Medical and dental offices and clinics.

(Ord. 99-5 § 2 Exh. A (part))

Large animals such as horses and cattle may only be kept on lots of forty thousand (40,000) net square feet or more, allowing one large animal for each twenty thousand (20,000) square feet of net lot size. Keeping small animals such as chickens, rabbits and mink is permitted on residential lots of twenty thousand (20,000) net square feet or more. Keeping exotic animals is subject to obtaining a use permit under Chapter 17.31. Keeping domestic animals is a permitted use on properties zoned for residential use.

(Ord. 99-5 § 2 Exh. A (part))

A dual-structure permit shall be required prior to commencing any work, including, but not limited to, demolition, on a proposed new residence on a single-family residential lot containing an existing residence, where the new residence will be entirely or substantially separate from the existing residence and the existing residence is intended to be maintained as living quarters until the new residence is occupied. The dual-structure permit may be issued if the following criteria are met:

A.

Written Agreement. The property owner shall agree in writing that:

1.

The two structures will not be occupied simultaneously for more than a three-day period when moving to the new home;

2.

The original structure will be demolished within a reasonable time, to be specified by the Zoning Administrator; and

3.

The site of the demolished structure will be adequately landscaped within a reasonable time, to be specified by the Zoning Administrator.

B.

Bond. The property owner shall provide a bond sufficient to permit the city to finish whatever work is left incomplete by the property owner, in a form to be approved by the City Attorney.

C.

Recording. The written agreement shall be recorded. On satisfaction of all conditions of approval and the terms of the written agreement, the city shall record a notice of compliance.

(Ord. 02-03 § 3)

Notwithstanding anything to the contrary herein, and to the extent required by State law (including Government Code Sections 65582 and 65583(a)(5)), transitional and supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

(Ord. No. 13-03, § 2(Att. A), 12-17-13)

To the extent allowed by state law, multifamily dwellings in the RM and RH districts shall comply, as applicable, with the design review standards in section 17.30.11, the multifamily property development standards in section 17.4.2, the multifamily development standards in section 17.4.32, and the Residential High Density development standards in section 17.4.35.

(Ord. No. 16-03, § 2(Att. A), 4-12-16; Ord. No. 25-04, § 2(Att. A, § 3), 11-3-25)

17.3.12 - Short-term rentals.

A.

Definitions.

1.

"Host" means the person or people identified as the owner on a short-term rental registration form submitted to the City.

2.

"Hosting platform" means a person, legal entity or an association of individuals that provide a means, which may or may not be internet-based, through which a short-term rental is offered to the public, in exchange for a fee or other compensation. A hosting platform generally has the following attributes: allows a host to advertise a short-term rental, and provides a means to arrange and enter into agreements to occupy short-term rentals, whether payment of rent is made directly to the host or through the hosting platform.

3.

"Short-term rental" means the rental of a property in full or in part for a term of less than thirty (30) consecutive days.

B.

Registration Required. It is unlawful for any person to operate a short-term rental within the City without first registering the short-term rental pursuant to this section.

C.

Registration. In the registration filed with the City, the host shall acknowledge the following requirements:

1.

When any portion of the short-term rental is rented, the total maximum occupancy of the dwelling containing the short-term rental is limited to the maximum number specified on the proof of registration. That maximum is calculated as follows: two people per bedroom plus three people;

2.

The host of a short-term rental on any given lot may only arrange for one rental to take place at any given time on that lot;

3.

The short-term rental host is responsible for ensuring the short-term rental complies with all local, state, and federal health and safety requirements, including those regarding smoke detectors, fire alarms, and fire extinguishers;

4.

The short-term rental host is responsible for compliance with all City regulations including those regarding noise, parking, and occupancy. Compliance with those requirements shall be included in any written agreement used for the short-term rental;

5.

While rented, the short-term rental shall not be used for any use or event that would require a Temporary Event Permit pursuant to Chapter 17.37; and

6.

The short-term rental registration is non-transferable.

D.

Registration Process.

1.

Each short-term rental shall be annually registered with the Planning Director or his or her designee by completing a City-provided registration form that shall set forth the following information:

a.

The name, address, telephone number, and signature of the owner of the short-term rental for which the registration is sought;

b.

The address of the short-term rental;

c.

The number of bedrooms in the short-term rental, which will be used to calculate the occupancy limit for the short-term rental when it is being rented in full or in part. The maximum occupancy formula is: two people per bedroom plus three people;

d.

Affirmation that all construction at the property containing the short-term rental was conducted in compliance with building codes applicable at the time;

e.

The short-term rental's first operation date, if prior to the effective date of this section;

f.

Acknowledgement that the short-term rental does and shall comply with all requirements set forth in this section;

g.

Evidence of a valid transient occupancy registration certificate issued by the Tax Administrator in compliance with Section 3.12.060. The application for a transient occupancy registration certificate may be filed concurrently with the registration required under this section; and

h.

An agreement to hold harmless, indemnify and defend the City against claims and litigations arising from or related to the issuance of the short-term rental registration.

E.

Registration Fee Required. At the time of registration, the host shall pay a registration fee in an amount set from time to time by resolution of the City Council to reimburse the City for the cost of processing the registration. Registration shall be initiated only upon the successful payment of the registration fee. The registration fee is not refundable.

F.

Registration Investigation by Planning Director. The Planning Director may make or cause to be made, within a reasonable time after the filing of a registration form pursuant to this section, an investigation of the veracity of the information provided on the registration form.

G.

Proof of Registration—Record Kept by Planning Director. Upon a determination of compliance with the provisions of this section, the Planning Director shall issue to the host a proof of registration showing the name of the host, the address of the short-term rental, the maximum occupancy for the property during any rentals, the City short-term rental registration number, and the date of expiration of the registration (one year from date of issuance).

H.

Hosted Stay Requirement. Short-term rentals are prohibited unless:

1.

The short-term rental takes place on property owned by the host and containing the host's primary residence;

2.

The host personally lives on the property when it is used for short-term rentals. A host will only be considered to live at the property used for a short-term rental if they are physically and personally present at the time of the short-term rental. Such physical presence must include sleeping overnight. A host will not be considered to live at the property used for a short-term rental if they are away from the property overnight, including on vacation;

3.

The host is physically present to monitor and regulate activity during the short-term rental, including by meeting guests upon arrival;

4.

The duration of the short-term rental is at least two nights;

5.

Any on-line listings and/or other advertisement authorized by the host for the short-term rental specify that the host will be present and/or share the dwelling unit used for the short-term rental; and

6.

Any on-line listings and/or other advertisements authorized by the host clearly identify the short-term rental registration number provided by the City.

I.

Regulations for Hosting Platforms.

1.

Hosting platforms shall retain records documenting compliance with this section for a period of three years after any short-term rental, including, but not limited to, records indicating the history of all short-term rental reservations on the subject property from the hosting platform, length of stay per reservation, and number of persons per reservation.

2.

Hosting platforms shall be required to prompt hosts to include the City-issued registration number in their listing, in a format designated by the City. Upon notice from the City that a listing is non-compliant, hosting platforms shall cease any short-term rental booking transactions for said listing within five business days. A hosting platform shall not complete any booking transaction for any residential property or unit subject to a City notice, until notified by the City that the residential property or unit is in compliance with the local registration requirement.

3.

Safe Harbor. A hosting platform operating exclusively on the internet, which operates in compliance with subsections (1) and (2) above shall be presumed to be in compliance with this section.

4.

The provisions of this subsection I shall be interpreted in accordance with otherwise applicable State and Federal law(s) and will not apply if determined by the City to be in violation of, or preempted by, any such law(s).

5.

The provisions of this subsection I shall not be effective until January 7, 2022.

J.

Enforcement. Violations of this section may be enforced pursuant to Title 19.

K.

Pursuant to Senate Bill 9 (2021), short-term rentals are prohibited in units created pursuant the authority contained in California Government Code Sections 65852.21 and/or 66411.7.

(Ord. No. 17-04, § 2(Att. A), 9-5-17; Ord. No. 21-6, § 2(Att. A), 9-7-21; Ord. No. 21-8, § 2(Att. A.2), 1-11-22)

Chapter 17.4 - RESIDENTIAL DISTRICT BASE DEVELOPMENT REGULATIONS

The purposes of the residential development regulations are to:

A.

Regulate the location, height, appearance and use of accessory structures that may affect the character or quality of life within residential areas;

B.

Ensure the provision of public services and facilities needed to accommodate planned population densities, consistent with the general plan;

C.

Regulate residential development on lots which are constrained due to lot size, shape, steep slopes and similar physical characteristics to ensure compatibility of development within established residential neighborhoods;

D.

Promote development of affordable housing by implementing housing element policies, including special needs housing and lower income households, by providing a density bonus consistent with state law, for projects in which a portion of the units are affordable for such households.

(Ord. 99-5 § 2 Exh. A (part))

17.4.2 - RVL, RL, RM, and RH Districts—Property development regulations.

Schedule 17.4.2 entitled "Residential Property Development Standards" (found at the end of this section) prescribes certain base restrictions on improvements in residential districts, which districts are described in Section 17.3.2. These development standards and other limitations elsewhere in this chapter are not entitlements and may be modified (i.e., reduced, if for height, and increased, if for setback) as a condition of approval by the reviewing body if discretionary review of the proposed improvement is otherwise required by this title. In addition, lot formation and reconfiguration are subject to the provisions of Chapter 17.7 (Residential Minimum Lot Size) and Chapter 17.20 (Lot Line Adjustments) of this title.

Schedule 17.4.2(A)

SINGLE-FAMILY RESIDENTIAL PROPERTY DEVELOPMENT STANDARDS

Maximum Aggregate Building Height (feet) 35 35 35 35 35 35 35 35 35

1 The Front, Side and Rear Yard Setback may, at the applicant's discretion, be measured from the edge of the existing paved roadway rather than from the property line (i.e., the right-of-way boundary), provided the resulting setback measures no less than fifteen (15) feet from the property line with street frontage.

2 The Total (Combined) Side Yard Setback is the combination of both Side Yard Setbacks. The Total (Combined) Side Yard Setback requirement shall not apply to those portions of the property located more than 50 feet from the front property line.

Schedule 17.4.2(B)

MULTIFAMILY RESIDENTIAL PROPERTY DEVELOPMENT STANDARDS

1 The Front, Side and Rear Yard Setback may, at the applicant's discretion, be measured from the edge of the existing paved roadway rather than from the property line (i.e., the right-of-way boundary), provided the resulting setback measures no less than fifteen (15) feet from the property line with street frontage.

Front, Side and Rear Yards with Street Frontage

==> picture [327 x 205] intentionally omitted <==

(Ord. 99-5 § 2 Exh. A (part); Ord. No. 10-10, § 2(exh. A), 1-4-11; Ord. No. 14-04, § 2(exh. A), 5-20-14; Ord. No. 19-03, § 2(Exh. A), 6-18-19; Ord. No. 25-04, § 2(Att. A, § 4), 11-3-25)

No structure may be located in the minimum yard setback area set forth in Schedule 17.4.2, entitled "Residential Property Development Standards", except as otherwise provided in this title.

(Ord. 99-5 § 2 Exh. A (part); Ord. 02-03 § 4; Ord. No. 10-10, § 2(exh. A), 1-4-11)

The following alternative setback requirements shall apply to existing legal lots that do not meet the residential property standards contained in Schedule 17.4.2. This section shall not be interpreted as requiring development standards that are more restrictive than those contained in Schedule 17.4.2.

A.

Legal Nonconforming Lot Less Than One Hundred Twenty Feet Deep. On a legal lot that is less than one hundred twenty (120) feet deep, the minimum front yard setback shall be twenty (20) feet.

B.

Legal Nonconforming Lot Less Than One Hundred Forty Feet Wide. On a legal lot with a Front Lot Width of less than one hundred forty (140) feet, the following Side Yard and Total (Combined) Side Yard Setbacks shall apply:

1 The Total (Combined) Side Yard Setback is the combination of both Side Yard Setbacks. The Total (Combined) Side Yard Setback requirement shall not apply to those portions of the property located more than 50 feet from the front property line.

C.

Rebuilding or Remodeling a Nonconforming Residence. A structure on a lot which was legal when created may be improved or replaced and a new home may be built on that legally-created lot, subject to the requirements of the Orinda Municipal Code.

(Ord. 99-5 § 2 Exh. A (part); Ord. No. 10-10, § 2(exh. A), 1-4-11)

A.

Water channel setbacks are as follows:

* Horizontal distance relative to vertical distance

** All setbacks are measured from the top of the bank or from the furthest extent of banks undercut by creek, whichever results in the greatest setback. Where opposing bank heights differ, the lower bank height applies to both sides of the channel for purposes of measuring the side slope and setback.

B.

Definitions of channel types.

1.

Type I channel is a major channel that receives water from several tributaries and includes, but is not limited to, San Pablo Creek, Moraga Creek, Brookside Creek, and Laterwasser Creek.

2.

Type II channel is an ephemeral/intermittent or perennial tributary channel that has well-defined channel bed and banks.

3.

Type III channel is an ephemeral swale or other small channel that is distinguished from Type I and II channels because it does not have well-defined channel bed and banks.

4.

Type IV channel is a man-made channel, such as a road-side ditch, that occurs where no channel previously existed.

C.

No structure may be built, except for second story additions that do not encroach into the required setback beyond the existing first floor structure, and no grading is permitted in the setback of a water channel, unless the project meets the following conditions:

1.

The project proponent obtains approval from the City Engineer; and

2.

The project proponent is granted an exception under Chapter 17.32.

If a project is proposed on the bank of a water channel or in an area of the site that is undeveloped and in a natural state, then the City may hire a biologist to perform a biotic assessment at the applicant's expense and the decision-maker shall consider the findings of this biotic assessment when reviewing the exception application.

(Ord. 99-5 § 2 Exh. A (part); Ord. No. 10-10, § 2(exh. A), 1-4-11)

If the natural slope of a front yard exceeds an average of thirty (30) percent, a garage, carport and elevated parking deck may be located within the front yard; provided, that:

A.

The garage and/or carport maintains a minimum fifteen (15) foot front yard setback; and

B.

The required four on-site parking spaces can be provided.

(Ord. 99-5 § 2 Exh. A (part))

17.4.8 - Determination of front yard on corner lots.

The side with the shorter of the two frontages shall generally be determined as the lot's front yard. The Zoning Administrator may determine otherwise based on the following factors:

A.

For developed lots, existing orientation (including access) and/or address may establish the front yard as the longer frontage;

B.

For undeveloped lots, the front yard may be established at the time of design review approval is given.

(Ord. 99-5 § 2 Exh. A (part))

17.4.9 - Determination of front width.

Except as otherwise provided in this title, the front width of a lot is defined to be the shortest possible straight line between the side property lines measured at the point closest to the front property line where the straight line is both: (1) tangent to the minimum front yard setback of the subject lot in at least one point; and (2) either tangent or behind the minimum front yard setback of the subject lot for all points along that line.

Section 17.4.9 Graphics

DETERMINATION OF FRONT WIDTH - SAMPLE CONFIGURATIONS:

==> picture [504 x 526] intentionally omitted <==

Section 17.4.9 Graphics

==> picture [504 x 583] intentionally omitted <==

Section 17.4.9 Graphics

==> picture [504 x 625] intentionally omitted <==

(Ord. 99-5 § 2 (Exh. A (part))

17.4.10 - Side yard setback adjustments for certain lots.

For determination of applicable side yard setbacks under Section 17.4.3, if the actual "front width" of a corner or triangular lot, as illustrated below, is longer than the longest of the two side property lines, the "front width" shall be deemed to be one-half of the actual front width.

==> picture [504 x 464] intentionally omitted <==

• (Ord. 99-5 § 2 (Exh. A (part))

• 17.4.11 - Determination of setback at front yard and side/rear yard with street/easement frontage.

A.

On public streets, privately maintained streets with offers of public dedication, and private streets which serve more than four parcels on the subject street's entire length, setbacks shall generally be measured from the limit of right-of-way and/or easement. In cases where the edge of existing pavement, used as a

through travel way, encroaches into the lot, in which case the setback shall be measured from the edge of pavement.

B.

On private streets, courts and drives which serve four or less parcels on the entire length, setbacks shall be measured from the property line, regardless of easement location. At no time may a structure encroach into the easement.

(Ord. 99-5 § 2 Exh. A (part))

No lot may be created or reconfigured unless the front lot line meets the minimum front lot width requirements of Section 17.4.3 or an existing nonconforming front lot line is not decreased to less than the average width of the five closest properties fronting on the same street as the subject lot.

(Ord. 02-03 § 5: Ord. 99-5 § 2 Exh. A (part))

17.4.13 - Application of setback requirements for flag, narrow access and nonfrontage lots.

The front yard setback shall be measured from the property line that is most perpendicular to the point of access from the stem to the body of the lot. All other setbacks shall be determined in relation to the front yard thus established.

Section 17.4.13 Graphics

Front Yards for Subject Lots

==> picture [504 x 439] intentionally omitted <==

• (Ord. 99-5 § 2 Exh. A (part))

17.4.14 - Application of lot size requirements for flag, narrow access and nonfrontage lots.

Minimum lot size, and lot size determinations required for subdivisions, lot line adjustments and to determine the maximum allowable home size (per Section 17.6.2) shall be exclusive of the stem, regardless of fee ownership and that the body shall conform to the minimum dimensions of the subject zone.

Section 17.4.14 Graphics

Body of Subject Lots

==> picture [504 x 477] intentionally omitted <==

• (Ord. 99-5 § 2 (Exh. A (part))

A.

When a lot has more than four sides, and the change of barring is one hundred thirty-five (135) degrees, or greater, the subject property line shall be viewed as a continuous, unbroken line for determining setbacks. Front yard shall be determined first, with side yards being established off of the property lines found most perpendicular to the established frontage.

Section 17.4.15 Graphics—A

==> picture [504 x 528] intentionally omitted <==

B.

When a lot has less than four sides (triangular lot), the lot shall have two side yards which are established off of the two property lines intersecting the front property line. The rear setback shall be determined from the point where the two side property lines intersect.

Section 17.4.15 Graphics—B

==> picture [504 x 585] intentionally omitted <==

(Ord. 99-5 § 2 (Exh. A (part))

The front yard setback shall generally be established from the right-of-way at the cul-de-sac bulb (Section 17.4.16 Graphics Exhibit 1). In cases where the length of one of the property lines radiating from the bulb is less than the lot's "front width," that property line shall be considered as part of the frontage. (Section 17.4.16 Graphics, Exhibits 2 and 3).

Section 17.4.16 Graphics

==> picture [456 x 466] intentionally omitted <==

(Ord. 99-5 § 2 (Exh. A (part))

Editor's note— At the direction of the city § 17.4.17, entitled "Total setback requirement for side yards", has been deleted from the Code. Former § 17.4.17 derived from: Ord. No. 99-5, § 2 Exh. A (part).

A structure that is otherwise compliant with the required minimum yard setback referenced in 17.4.2 is permitted to project into that required minimum yard setback as follows:

A.

Cornice, eave, overhang or similar ornamental features may encroach three feet into a front, side or rear yard.

B.

Chimney or fireplace may encroach three feet into a front or rear yard and two feet into a side yard with a maximum width of six feet below the second floor line or eave line in the case of a one story structure, and four feet wide above that point.

C.

Unenclosed stairways and landings may encroach four feet into a front, side or rear yard up to a maximum height of seven feet above existing grade, as measured to the top of code required guardrails.

D.

A cantilevered awning, canopy or balcony may encroach two and one-half feet into a front, side or rear yard.

E.

A patio, deck, porch, access drive, access walk, or stairs under thirty (30) inches above existing or finished grade, whichever is lower, may encroach into any required setback. A deck over thirty (30) inches above grade is subject to Section 17.4.28.

F.

A bay window may encroach no more than two feet into the prescribed setback.

This authorization for building projections into yards and courts does not apply to structures that are subject to minimum yard setbacks that are less restrictive than those referenced in 17.4.2.

(Ord. 02-03 § 6: Ord. 99-5 § 2 Exh. A (part); Ord. No. 19-03, § 2(Exh. A), 6-18-19; Ord. No. 22-02, § 2(Att. A.4), 9-6-22)

The height of a structure shall be measured perpendicular from the existing grade. A chimney may exceed the permitted height by five feet. The height of architectural projections such as towers and dormers, the shall be measured to the midpoint between the top plate and the roof ridgeline.

==> picture [393 x 360] intentionally omitted <==

(Ord. 00-2 § 4: Ord. 99-5 § 2 (Exh. A (part); Ord. No. 10-10, § 2(exh. A), 1-4-11)

17.4.20 - Aggregate height measurement.

The aggregate height of a structure is a plumb line measurement to the highest roof ridgeline taken from the top of the lowest foundation.

==> picture [416 x 468] intentionally omitted <==

(Ord. 99-5 § 2 (Exh. A (part))

(Ord. No. 10-10, § 2(exh. A), 1-4-11)

17.4.21 - Height measured in stories.

For purposes of determining compliance with the two and one-half story limitation provided in Section 17.4.2, a story is the portion of a building between the upper surface of a floor and the upper surface of the floor directly above at all points or, for the top story, the portion of the building between the upper surface of the top floor and the ceiling or roof above, whichever is lower. A half story is that portion of a building under a gable, hip or gambrel roof where the top of at least two opposite exterior walls is not more than three feet high, measured from the floor of that portion of the building being considered a half story.

A.

Basement or Cellar. If the finished floor level directly above a basement or cellar is more than four feet above a grade at any point, the basement or cellar shall be considered a story.

B.

Attic. An attic shall be considered as either a story or a half story for purposes of this section if it meets the definition of floor area in Subsection 17.6.3(A).

C.

Multi-level Structures. A structure may have multiple levels such as a split-level or stepped-foundation design, so long as: (1) no more than two and one-half stories are vertically contiguous at any one point; and (2) the maximum building height and the maximum aggregate building height specified in Section 17.4.2 are not exceeded. Staircases providing access to the multiple floors and landings which provide access to staircases shall not be considered part of a story for determining compliance with the two and one-half story limitation.

(Ord. 00-2 § 5; Ord. 99-5 § 2 Exh. A (part))

A.

Garages, accessory dwelling units proposed in new accessory structures, and additions to existing accessory structures to accommodate new accessory dwelling units shall conform to the standard minimum setback requirements of the underlying zone as described in Sections 17.4.2 and 17.4.3, subject to the exceptions in Section 17.3.4.

B.

All other accessory structures shall conform to the standard minimum setback requirements of the underlying zone as described in Sections 17.4.2 and 17.4.3, except:

1.

The minimum setback from any property line with street frontage is fifty (50) feet.

2.

The setback for Front, Side and Rear Yards with street frontage may, at the applicant's discretion, be measured from the edge of the existing paved roadway rather than from the property line with street frontage (i.e., the right-of-way boundary), provided the resulting setback measures no less than forty (40) feet from the property line with street frontage.

C.

The minimum separation between an accessory structure and the main structure is five (5) feet.

D.

Structures to be used for animals shall comply with the additional requirements specified for "animal structures."

(Ord. 07-02 § 3; Ord. 99-5 § 2 Exh. A (part); Ord. No. 14-04, § 2(exh. A), 5-20-14; Ord. No. 17-03; § 2(Att. A), 8-1-17; Ord. No. 18-02, § 2(Att. A), 3-6-18; Ord. No. 19-03, § 2(Exh. A), 6-18-19)

17.4.23 - Accessory structures and enclosures for nondomestic animals.

Chicken coops, rabbit hutches, and similar accessory structures provided for the housing of small animals shall be set back not less than sixty (60) feet from the front property line or any street line, and shall be not less than forty (40) feet from any side or rear property line; barns, stables and other buildings or structures used to shelter large animals shall be set back not less than one hundred (100) feet from the front property line or any street line and shall not be less than fifty (50) feet from any side or rear property line; fenced pasture, paddocks or other enclosed livestock areas shall not be located nearer than seventy-five (75) feet from the front property line or any street and shall not be less than twenty-five (25) feet from any side or rear property line.

(Ord. 99-5 § 2 Exh. A (part))

17.4.24 - Landscape structures.

A landscape structure may be placed at any location on a residential lot, subject to the following criteria:

A.

A line of sight hazard shall not be created, as determined by the City Engineer.

B.

A five-foot minimum setback shall be provided from property lines.

C.

The allowed height and maximum dimension for landscape structures is based on their location relative to the setbacks for primary structures described in section 17.4.2. Landscape structures located within the section 17.4.2 setbacks shall not exceed ten feet in height and shall have no other dimension greater than twenty (20) feet. Landscape structures located outside the section 17.4.2 setbacks shall not exceed fifteen (15) feet in height with no other maximum dimension.

D.

The Zoning Administrator may, as needed, make the determination as to whether a structure shall be regulated as a landscape structure or as an accessory structure or fence.

E.

The total area of a lot covered by landscape structures may not exceed five hundred (500) square feet or twenty (20) percent of the total floor area of the structures on the lot, whichever is greater. For the purposes of this subsection, floor area shall be measured per Chapter 17.6.

(Ord. 99-5 § 2 Exh. A (part); Ord. No. 10-05, § 3, 7-20-10; Ord. No. 15-02, § 2(Exh. A), 11-20-15)

A sports court shall conform to the setback requirements of the underlying zone, including the proscribed allowances for legally nonconforming lots, with the following modifications and additional requirements:

A.

Minimum setback from any street frontage is fifty (50) feet.

B.

The side yard setback at the side and rear of the lot shall be at least five feet.

C.

The sports court shall be at least five feet from the main structure.

D.

The maximum fence height of the portion built within the minimum setback of the subject lot shall be twelve (12) feet.

E.

The installation of outdoor lighting at a height of seven feet or more requires use permit approval.

(Ord. 02-03 § 7; Ord. 99-5 § 2 Exh. A (part))

All pools, spas and related heating and filter equipment shall conform to the following conditions:

A.

Fencing shall be provided as required by the Building Official, subject to the provisions of Section 17.4.27.

B.

The minimum side and rear yard setback, as measured from the water's edge, shall be five (5) feet. The minimum setback from property lines with street frontage shall be the same as those required in Section 17.4.3 for primary structures.

C.

The maximum height of any retaining wall and related terracing shall be four feet if placed within the minimum setbacks of the subject zone.

D.

Pool or spa equipment shall meet the requirements for permanent mechanical equipment contained in Section 17.39.9.

(Ord. 99-5 § 2 Exh. A (part); Ord. No. 14-04, § 2(exh. A), 5-20-14; Ord. No. 19-03, § 2(Exh. A), 6-18-19)

Fences and retaining walls are permitted in every R District and are allowed in conjunction with specific uses as provided in this section.

A.

Measurement of Height. The height of a fence or retaining wall is measured from the point at which the fence posts, wall pilasters or wall footing intersects the ground on the lowest side of the wall or fence to the top of the wall or fence directly above. Where a fence is built on top of a retaining wall, the combined fence/wall height is measured from the unretained ground at the outside face of the combined fence/retaining wall.

B.

Height Restrictions. The maximum fence or retaining wall height in a required yard or setback area is as follows:

1.

Fence. No fence in any location may exceed six feet, except for sports court fences and except for de minimus variances relating to minor variations in the underlying terrain. A fence located within five feet of a property line/right-of-way boundary with street frontage must be constructed completely of an open material, such as lattice or wrought iron, and shall not exceed a height of four feet. Additionally, landscaping for a solid or partly solid fence in the specified setback areas shall be required as provided in Section 17.17.1.

2.

Retaining Wall. A retaining wall shall be limited to four feet if it is: (1) within ten feet of any property line; or (2) in the minimum required yard setback for the subject lot, whichever is greater. Elsewhere, a retaining wall shall be no higher than eight feet. Retaining walls and fences may be further limited in height, location or use of materials based on required vehicle sight distance or right-of-way requirements, and if subject to design review under Chapter 17.30 of this title.

3.

Fence and Retaining Wall Combinations. The height of a combined retaining wall and fence shall conform to the height limits of Subsection 17.4.27.B.2. and other requirements of Subsection 17.4.27.B.1.

4.

Minimum Separation Requirements. Unless there is a minimum horizontal separation of at least four feet between individual retaining walls or fences and retaining walls, a grouping of walls and a grouping of one

or more walls and fences shall be seen as a single structure for determining height limits set forth in this section.

(Ord. 02-03 § 8; Ord. 00-2 § 6; Ord. 99-5 § 2 Exh. A (part))

(Ord. No. 14-04, § 2(exh. A), 5-20-14)

A deck over thirty (30) inches above grade shall conform to applicable setback requirements, including total setback and allowances for legally nonconforming lots, subject to the following:

A.

Minimum setback from street frontage is twenty (20) feet.

B.

Minimum side yard and rear yard setback is five feet.

C.

An elevated deck permit under Chapter 17.35 is required for construction of a deck over six feet in height above finished grade at any point which is also greater than two hundred (200) square feet.

A deck under thirty (30) inches above grade is subject to Section 17.4.18(E).

(Ord. 99-5 § 2 Exh. A (part))

(Ord. No. 19-03, § 2(Exh. A), 6-18-19)

17.4.29 - Large vehicle parking—Outdoor storage.

A.

Placement of Vehicles and Equipment. A recreational vehicle, boat, trailer, camper shell, large appliance or other large equipment shall not be parked, stored or placed on a residential lot for more than seventy-two (72) hours within a one-month period, except to load or unload the vehicle, unless the following requirements are met:

1.

The vehicle or equipment shall be adequately screened from view. "Adequately screened from view" means substantially screened from view from the street or other property by a closed garage, fence or landscaping so that the vehicle is not visible or is barely visible. For vehicles over six (6) feet high, at least seventy (70) percent of the height shall be screened.

2.

No vehicle or equipment may be placed within the minimum side yard setback area unless it maintains a minimum five-foot setback from the property line.

The engine of such a vehicle or equipment shall not idle for more than ten (10) minutes a day on the property.

If a violation of subsection A of this section occurs, a person who is affected by the violation shall have the right to bring a cause of action to enforce subsection A of this section in a court with appropriate jurisdiction over the matter.

B.

Trucks. Not more than one commercial vehicle, as defined in the State Vehicle Code, not to exceed two-ton capacity, may be parked or stored on any one lot.

C.

Inoperable Vehicle Storage. No inoperable motor vehicle or any motor vehicle without a current and valid license issued pursuant to the laws of the State of California shall be parked or stored on private residential property, unless it is located in a garage, carport or similar structure.

D.

Use of Habitation Prohibited. A vehicle or trailer may not be used for habitation, for keeping animals, or for any other residential use.

(Ord. 99-5 § 2 Exh. A (part))

(Ord. No. 19-03, § 2(Exh. A), 6-18-19)

A mobile home may be used as a residence in any single-family (one-family) residential zone if it meets all of the following requirements and all other applicable code requirements for residential development:

A.

The mobile home complies with all development standards and the requirements applicable to single-family residences, including, but not limited to, setbacks, paving, height, materials, width, parking, and accessory structures;

B.

The mobile home is manufactured and certified under the National Mobile Home Construction and Safety Standards Act of 1974 and was built no more than ten years prior to the date of application;

C.

The mobile home is installed and structurally fixed to an approved permanent foundation and in accordance with installation instructions provided by the manufacturer. The exterior wall covering shall extend to the ground or to the top of the foundation; provided, however, any exposed portion of the

foundation shall be treated so as to provide a finished appearance with material such as stucco, veneered brick, decorative block or other finish approved by the Building Official;

D.

Plans, including plot, elevations, exterior materials, photographs and other documents and specifications needed to assure compliance with the city and state codes shall be submitted at the time of the application for the permits required by this code;

E.

In addition to any other permits required by this code, the following permits shall be obtained:

1.

A building permit for the foundation system and any attached accessory structure not included in the mobile home at the factory, such as a porch or steps;

2.

A plumbing permit for the connection of gas, water and sewer to the mobile home; and

3.

An electrical permit for the connection for electrical power to the mobile home;

F.

Mobile Home Defined. For the purposes of this section, "mobile home" shall mean a "mobile home" as defined in Section 18211 of the Health and Safety Code of the state.

(Ord. 99-5 § 2 Exh. A (part))

17.4.31 - Affordable housing incentive program and density bonus.

A.

Purpose. The purpose of this section is to comply with state law regarding density bonuses and other incentives (California Government Code Section 65915 et seq.), to implement the housing element of the Orinda General Plan and to provide incentives to developers who guarantee that a portion of their housing development will be affordable to persons of lower income, thus expanding housing opportunities for lower-income persons throughout the city.

B.

Definitions. Terms used in this section shall be defined as in Government Code Section 65915 et seq.

C.

Eligibility for Density Bonus and Incentive(s) or Concession(s). Project applicants shall be granted a density bonus and incentive(s) or concession(s) to the extent and subject to the terms required by California

Government Code Section 65915 et seq. Any request for approval of a density bonus, incentive(s) or concession(s) pursuant to this section shall be made along with other related planning approval requests for the project as specified in the City of Orinda zoning ordinance.

D.

Application. Applicants requesting a density bonus, incentive(s) or concession(s) shall submit an application to the Planning Director together with the first application for approval of the development. The application shall include at least the following information:

(1)

A concise written description of the project and the planning approval(s) requested.

(2)

A site plan showing the location and general layout of the proposed development, surrounding land uses and roadways, total number of units, number and location of affordable units, and number and location of density bonus units.

(3)

Level of affordability of qualifying units and proposals for ensuring affordability.

(4)

Description of any requested incentive(s) or concession(s), proposed waiver(s) or modification(s) of development standards, and/or parking standards.

(5)

Reasonable documentation to establish eligibility for the requested density bonus, incentive(s) or concession(s), waiver(s) or reduction(s) of development standards and/or parking ratios. The application shall identify upon which basis of Government Code Section 65915 the applicant elects to calculate its density bonus. If incentive(s) or concession(s) are requested, the application shall include an explanation of how the incentive(s) or concession(s) result in identifiable and actual cost reductions as described in Government Code Section 65915. If waiver(s) are requested, the application shall describe with a narrative and/or drawings how application of the development standard(s) the applicant seeks to waive would have the effect of physically precluding the construction of the proposed development at the densities and with the concession(s) or incentive(s) permitted. If a density bonus parking ratio is requested, the application shall identify which parking ratio in Government Code section 65915 applies and describe the

characteristics of the proposed development or site that qualify the proposed development for that parking ratio.

(6)

If an applicant proposes to donate land to the city pursuant to Government Code Section 65915, the application shall provide evidence that each of the associated eligibility conditions has been met.

(7)

If an applicant proposes to develop a child care facility pursuant to Government Code Section 65915, the application shall show the location and square footage of the child care facility and provide evidence that each of the associated eligibility conditions has been met.

(8)

Such other materials as the Planning Director may determine are necessary to review the request in accordance with this code and state law.

E.

Review Process. An application for a density bonus, incentive(s) or concession(s) will be processed concurrently with all other applications required for the development. When the application is complete, notice shall be given as required by Section 17.42.1 and a hearing shall be held by the Planning Commission. The Planning Commission shall make recommendations to the City Council regarding the proposed density bonus and incentive(s) or concession(s). The City Council's decision shall be final.

F.

Housing Incentive Agreement Required. Prior to the issuance of a building permit for any dwelling unit in a development for which a density bonus, incentive(s) or concession(s) have been granted, the applicant shall enter into a written agreement with the city for the mandated duration of affordability. The terms and conditions of the agreement shall run with the land which is to be developed, shall be binding upon the successor in interest of the applicant, and shall be recorded in the Office of the Contra Costa County Recorder. The agreement shall be approved by the City Council and shall address all issues required by state law.

(Ord. 08-04 § 2: Ord. 99-5 § 2 (Exh. A (part); Ord. No. 22-02, § 2(Att. A.5), 9-6-22)

The following supplemental regulations shall apply to residential development in the RM (Residential Multifamily) District:

A.

Purpose. The intent of these regulations is to prescribe reasonable standards for multifamily residential development in addition to other applicable city ordinances.

B.

Off-Street Parking. Parking spaces for each dwelling unit shall be provided consistent with the requirements of Chapter 17.16 of this title. Visitor parking shall be uniformly distributed throughout the development. All visitor spaces shall be permanently marked as visitor spaces.

C.

Private Open Space. Each condominium and townhome unit shall have at least one appurtenant private patio, deck, balcony, atrium or other outdoor private area contiguous to the unit in a single, undivided area of not less than one hundred fifty (150) square feet.

D.

Shared Open Space. An outdoor common area of at least one hundred (100) square feet per unit shall be provided for outdoor active and passive group recreation. Such common areas shall not include driveways, parking areas or required front or corner side yards.

E.

Private Storage Space. Each unit within the project shall have at least thirty (30) cubic feet of enclosed, weatherproofed and lockable storage space at a single location.

F.

Boat and Trailer Storage. Boat, trailer and recreational vehicle storage shall be limited as described in Section 17.4.29, unless such vehicles are prohibited by restrictive covenants.

G.

Laundry Facilities. Adequate laundry facilities shall be provided by:

1.

Constructing a laundry room with the equivalent of one standard washing machine for each five dwelling units and an equivalent capacity in automatic clothes dryers; or

2.

Provide properly designed and plumbed areas within each dwelling unit for washing and drying clothes.

H.

Lighting and Security. Night and security lighting and security measures shall be provided as necessary to ensure safe and convenient access and use of multifamily residential facilities.

I.

Landscaping. All multifamily residential development shall include landscape plans which provide for substantial front yard landscape screening and, as appropriate, side and rear yard landscaping. Landscaping shall blend with the design of the development and enhance the visual quality of the streetscape, and to help achieve design consistency with the character of the neighborhood.

J.

Permitted Density. Density limits for multifamily housing shall not exceed the density limitations as established by the general plan land use designation for the property. Density bonuses for affordable or senior housing shall also be as established by the general plan and applicable state housing law.

K.

Trash Enclosures. Trash enclosures shall be located conveniently for residents, and out of vehicular circulation areas. Trash enclosures may not be located within five feet of side or rear property lines or within the conditionally established front yard setback for the principal structure(s). Trash enclosures shall be of a design which is compatible with the development.

L.

Gathering Rooms. Where eight or more units are proposed, and in addition to the above requirements, special consideration shall be given to providing adequate gathering rooms or locations for facility residents, based on a requirement of at least thirty (30) square feet per living unit. Areas devoted to kitchen areas and restrooms in such community facilities shall not count toward meeting this requirement.

(Ord. 99-5 § 2 (Exh. A (part); Ord. No. 16-03, § 2(Att. A), 4-12-16; Ord. No. 25-04, § 2(Att. A, § 5), 11-3-25)

17.4.33 - Senior Housing Overlay District (SH-Overlay) development standards.

Senior Housing Facilities, as defined in section 17.2.3, in the SH-Overlay District may apply the standards of this section in lieu of the underlying multifamily district standards. Non-age restricted development in the underlying multifamily district shall be developed in compliance with the multifamily development standards of section 17.4.32, and all other applicable development standards.

A.

Allowed by right. Multifamily Senior Housing Facilities, as defined in section 17.2.3, are allowed by right in the RM district subject to the design review requirements of Chapter 17.30, the development standards of this section and other applicable city ordinances.

B.

Off-Street Parking. Parking spaces for each dwelling unit shall be provided consistent with the requirements of Chapter 17.16 of this title.

C.

Shared Open Space. Outdoor common area(s) of at least one hundred (100) square feet per dwelling unit shall be provided for active and passive group recreation. Each outdoor area shall have a dimension no less than eight feet and shall not include driveways, parking areas or required street fronting yards.

D.

Laundry Facilities. Adequate laundry facilities shall be provided by:

1.

Constructing a laundry room with the equivalent of one standard washing machine for each fifteen (15) dwelling units and an equivalent capacity in automatic clothes dryers; or

Provide properly designed and plumbed areas within each dwelling unit for washing and drying clothes.

E.

Lighting and Security. Night and security lighting and security measures shall be provided as necessary to ensure safe and convenient access and use of senior housing development. All outdoor lighting shall be shielded to prevent glare and outdoor light fixtures more than three feet above the ground shall be shielded to prevent direct illumination off-site.

F.

Landscaping. All development shall include landscape plans as required in Chapter 17.17 of this title. In addition, landscaping shall provide substantial landscape screening from off-site vantage points and, as appropriate, side and rear yard landscaping. Landscaping shall blend with the design of the development and enhance the visual quality of the streetscape, and to help achieve design consistency with the character of the neighborhood.

G.

Permitted Density. Multifamily senior housing in the RM district shall be developed at no more than thirtyeight (38) units per acre.

H.

Story Limit. The maximum number of stories shall be as required by the most restrictive of the closest adjoining residential or downtown district base regulations.

I.

Building Height Limit. The maximum building height shall be as required by the most restrictive of the closest adjoining residential or downtown district base regulations.

J.

Building Setbacks. Buildings shall be set back twenty (20) feet from the face of curb on all street-fronting property lines, but in no case less than ten feet from the property line and a ten-foot setback shall be provided from all other property lines.

K.

Building Plane Line. Except as provided in subparagraph 12, no portion of a building shall project beyond the building plane line. The building plane line for facades with street frontage is a plumb line drawn twentyseven (27) feet high at the setback line then inward on the lot at a forty-five (45) degree angle to the maximum building height. At interior property lines the building plane line is a plumb line forty (40) feet high at the setback line then inward on the lot at a forty-five (45) degree angle. For purposes of this requirement, the vertical measurements are taken from finish grade.

==> picture [441 x 228] intentionally omitted <==

L.

Building Projections. Projections described permitted in section 17.4.18 also apply to the building setbacks and building plane line of this section.

M.

Building Separation. Separate buildings on the same parcel shall be no closer than twenty (20) feet. Buildings with common walls less than twelve (12) feet in length shall be considered separate buildings for the purposes of this requirement. This requirement shall apply to each story separately as illustrated below.

==> picture [411 x 252] intentionally omitted <==

N.

Trash Enclosures. Trash and recycling enclosures shall be located conveniently for residents, and out of vehicular circulation areas. Trash and recycling enclosures may not be located within five feet of interior property lines or within the street fronting setbacks. Trash and recycling enclosures shall be of a design which is compatible with the development.

O.

Gathering Rooms. Projects with eight or more units shall include adequate gathering rooms or locations for facility residents, based on a requirement of at least ten square feet per dwelling unit. Areas devoted to kitchen areas and restrooms in such community facilities shall not count toward meeting this requirement.

P.

Pedestrian access. Direct pedestrian access to abutting public streets and parks shall be provided.

Q.

Mechanical Equipment.

1.

General Requirement. Exterior mechanical equipment (except solar collectors) and operating mechanical equipment must be screened from off-site views. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing line, ductwork and transformers. Placement of mechanical equipment is limited by the setback requirements of the base zoning district, unless otherwise provided for within this title.

2.

Utility Meters. A utility meter must be screened from view from the public right-of-way. A meter or transformer in a required front yard or in a corner side yard must be enclosed in a subsurface vault.

3.

Screening Specifications. Screening material may have evenly distributed openings or perforations not exceeding fifty (50) percent of the surface area and must effectively screen mechanical equipment so that it is not directly visible from off-site. Heavy, evergreen landscaping may be used to meet these requirements.

(Ord. No. 10-11, § 3, 12-21-10; Ord. No. 25-02, § 2(Att. A), 5-20-25)

This High Density Overlay District (-HD Overlay) district is intended to apply only to those sites within the RM district so designated by means of a Zoning Map amendment. Multifamily dwellings developed in this overlay district at the density specified below may apply the development standards of this section in lieu of any conflicting RM district standards.

A.

Allowed by Right. Multifamily dwellings are allowed by right in the HD Overlay district subject to the design review requirements of Chapter 17.30 and the development standards referenced in this section.

B.

Permitted Density. Except where the City authorizes a higher density as specified below, multifamily dwellings in the HD Overlay district may be developed at a density of up to twenty (20) units per acre.

C.

Higher Permitted Density. Developers may apply for a density bonus under the housing incentive and density bonus program described in Section 17.4.31.

D.

Design Review. The design review standards contained in Section 17.30.11 shall apply to proposed multifamily dwellings in this overlay district.

E.

Off-Street Parking. Parking shall be provided consistent with the requirements of Chapter 17.16.

F.

Shared Open Space. Outdoor common area(s) of at least one hundred (100) square feet per dwelling unit

shall be provided for active and passive group recreation. Such outdoor area(s) shall have no dimension less than eight feet and shall not include driveways, parking areas or required street fronting yards.

G.

Laundry Facilities. Adequate laundry facilities shall be provided by:

1.

Constructing a laundry room with the equivalent of one standard washing machine for each fifteen (15) dwelling units and an equivalent capacity in automatic clothes dryers; or

2.

Providing properly designed and plumbed areas within each dwelling unit for washing and drying clothes.

H.

Lighting and Security. Night and security lighting and security measures shall be provided as necessary to ensure safe and convenient access to and use of the multifamily development. All outdoor lighting shall be shielded to prevent glare and outdoor light fixtures more than three feet above the ground shall be shielded to prevent direct illumination off-site. The maximum illumination at ground level shall not exceed the minimum required under the California Building Code.

I.

Landscaping. All multifamily development shall include landscape plans as required in Chapter 17.17.

J.

Trash Enclosures. Trash and recycling enclosures are required, shall be located conveniently for residents, shall be out of vehicular circulation areas, shall be designed to contain waste effectively so that it does not become litter and/or enter nearby watercourses, and shall be no closer to habitable structures on neighboring properties than to the proposed multifamily development. Trash and recycling enclosures may not be located within five feet of interior property lines or within the street fronting setbacks. Trash and recycling enclosures shall be of a design that is compatible with the proposed multifamily dwelling.

K.

Mechanical Equipment.

1.

General Requirement. Exterior mechanical equipment (except solar collectors) must be screened from offsite views. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing line, ductwork and transformers. Placement of mechanical equipment is limited by the setback requirements. Mechanical equipment shall also be no closer to habitable structures on neighboring properties than to the proposed multifamily dwelling.

2.

Utility Meters. Utility meters must be screened from view from the public right-of-way. A meter or transformer in a required front yard or in a corner side yard must be enclosed in a subsurface vault.

3.

Screening Specifications. Screening material may have evenly distributed openings or perforations not exceeding fifty (50) percent of the surface area and must effectively screen mechanical equipment so that it is not directly visible from off-site. Heavy, evergreen landscaping may be used to meet these requirements.

(Ord. No. 13-03, § 2(Att. A), 12-17-13; Ord. No. 16-03, § 2(Att. A), 4-12-16)

A.

Allowed by Right. Multifamily Housing Facilities, as defined in section 17.2.3, are allowed by right in the RH districts subject to the design review requirements of Chapter 17.30, the development standards of this section, and other applicable city ordinances to the extent permitted by state law.

B.

Off-Street Parking. Parking spaces for each dwelling unit shall be provided consistent with the requirements of Chapter 17.16 of this title.

C.

Shared Open Space. Outdoor common area(s) of at least one hundred (100) square feet per dwelling unit shall be provided for active and passive group recreation. Each outdoor area shall have a dimension no less than eight feet and shall not include driveways, parking areas, or required street fronting yards.

D.

Laundry Facilities. Adequate laundry facilities shall be provided by:

1.

Constructing a laundry room with the equivalent of one standard washing machine for each fifteen (15) dwelling units and an equivalent capacity in automatic clothes dryers; or

2.

Providing properly-designed and plumbed areas within each dwelling unit for washing and drying clothes.

E.

Lighting and Security. Night and security lighting and security measures shall be provided as necessary to ensure safe and convenient access. All outdoor lighting shall be shielded to prevent glare and outdoor light fixtures more than three feet above the ground shall be shielded to prevent direct illumination off-site.

F.

Landscaping. All development shall include landscape plans as required in Chapter 17.17 of this title. In addition, landscaping shall provide substantial landscape screening from off-site vantage points and, as appropriate, side and rear yard landscaping. Landscaping shall blend with the design of the development and enhance the visual quality of the streetscape, and help to achieve design consistency with the character of the neighborhood.

G.

Permitted Density. Multifamily housing in the RH districts shall comply with the minimum and maximum density requirements described in Schedule 17.4.2(B).

H.

Story Limit. The maximum number of stories shall be as described in Schedule 17.4.2(B).

I.

Building Height Limit. The maximum building height shall be as described in Schedule 17.4.2(B).

J.

Building Setbacks. Buildings shall meet the minimum setback requirements described in Schedule 17.4.2(B).

K.

Building Plane Line. No portion of a building shall project beyond the building plane line. The building plane line for facades with street frontage is a plumb line drawn twenty-seven (27) feet high at the setback line then inward on the lot at a forty-five (45) degree angle to the maximum building height. At interior property lines the building plane line is a plumb line forty (40) feet high at the setback line then inward on the lot at a forty-five (45) degree angle. For purposes of this requirement, the vertical measurements are taken from finish grade.

L.

Building Projections. Projections described permitted in section 17.4.18 also apply to the building setbacks and building plane line of this section.

M.

Building Separation. Buildings shall comply with the minimum separation requirements in the Building Code.

N.

Trash Enclosures. Trash and recycling enclosures shall be located conveniently for residents, and out of vehicular circulation areas. Trash and recycling enclosures may not be located within five feet of interior property lines or within the street fronting setbacks. Trash and recycling enclosures shall be of a design which is compatible with the development.

O.

Gathering Rooms. Projects with eight or more units shall include adequate gathering rooms or locations for facility residents, based on a requirement of at least ten square feet per dwelling unit. Areas devoted to kitchen areas and restrooms in such community facilities shall not count toward meeting this requirement.

P.

Pedestrian Access. Direct pedestrian access to abutting public streets and parks shall be provided.

Q.

Mechanical Equipment.

1.

General Requirement. Exterior mechanical equipment (except solar collectors) and operating mechanical equipment must be screened from off-site views. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing line, ductwork and transformers. Placement of mechanical equipment is limited by the setback requirements of the base zoning district, unless otherwise provided for within this title.

2.

Utility Meters. A utility meter must be screened from view from the public right-of-way. A meter or transformer in a required front yard or in a corner side yard must be enclosed in a subsurface vault.

3.

Screening Specifications. Screening material may have evenly-distributed openings or perforations not exceeding fifty (50) percent of the surface area and must effectively screen mechanical equipment so that it is not directly visible from off-site. Heavy, evergreen landscaping may be used to meet these requirements.

(Ord. No. 25-04, § 2(Att. A, § 6), 11-3-25)

Chapter 17.5 - RIDGELINE AND ENVIRONMENTAL PRESERVATION OVERLAY DISTRICT

The purpose of the ridgeline and environmental preservation overlay ("-R overlay") district regulations is to insure that development proposed within areas of great visual and environmental importance to Orinda, such as ridgelines and other sensitive areas, receives a heightened level of regulation and review, so that these visual and environmental resources are preserved and maintained to the greatest extent possible, as directed by the Orinda general plan.

(Ord. 99-5 § 2 (Exh. A (part))

The following definitions shall apply for purposes of this Chapter 17.5:

"Environmental preservation zone" includes that geographical area of the city shown on the North Orinda Specific Plan Map adopted November 21, 1978, and is shown on the Orinda Zoning Map as part of the -R overlay district.

"Ridge lot" means a lot: (1) which is on a visually prominent land mass; and (2) any part of which is inside the -R overlay district as shown on the Orinda Zoning Map.

"Ridgeline" means a ground line located at the highest elevation of and running parallel to the long axis of the ridge.

(Ord. 99-5 § 2 (Exh. A (part))

The ridgeline and environmental preservation overlay district may be combined with any base district and is indicated on the Orinda Zoning Map by the designation -R overlay district.

(Ord. 99-5 § 2 (Exh. A (part))

A.

Development located partially or entirely in a ridgeline overlay zone, or partially or entirely within the environmental preservation zone shall be less than five hundred (500) square feet of floor area and less than eighteen (18) feet in height except as provided in subsection B below.

B.

An applicant may elect to seek approval to exceed the maximum allowed size described in subsection A, above, through general design review approval under Section 17.30.5 and special design review approval under Section 17.30.7, except as provided in Section 17.5.6.

(Ord. 99-5 § 2 (Exh. A (part); Ord. No. 10-10, § 2(exh.A), 1-4-11; Ord. No. 17-03; § 2(Att. A), 8-1-17)

An application under this Chapter 17.5 shall include a visual analysis illustrating the potential development as viewed off-site and back toward the ridgeline containing the proposed development.

(Ord. 99-5 § 2 (Exh. A (part))

Special design review under Section 17.30.7 does not apply to the issuance of a building permit for development of a lot which is within residential subdivision which is within the North Orinda specific plan area if the final subdivision map was approved before July 1, 1985, and if the approving agency made specific findings that the subdivision was consistent with the environmental preservation zone.

(Ord. 99-5 § 2 (Exh. A (part))

Chapter 17.6 - RESIDENTIAL FLOOR AREA

Sections:

The purpose of this regulation is to implement the Orinda general plan which envisions maintaining the semi-rural character of the city and providing a variety of housing sizes. (General Plan Sections 2.1, 2.1.1A, 2.1.2-E and 3.1.4-C) This chapter's regulation of the relationship of house size to lot size is intended to:

A.

Preserve and perpetuate the established relationship of structures and spaces characteristic of Orinda's residential setting, where relatively small homes are surrounded with generously sized areas of natural and landscaped open grounds;

B.

Assure that the scale of residential development responds to the limitations created by constrained lot sizes or the degree of the lot's slope, or both;

C.

Minimize the out-of-scale appearance of large homes relative to their lot size and to other homes in a neighborhood;

D.

Minimize the environmental damage of tree removal and grading which may result from over-building; and

E.

Expand the range of house size to accommodate housing needs and preserve and enhance diversity of housing.

(Ord. 99-5 § 2 Exh. A (part))

17.6.2 - Determining allowed home size.

For the reasons set forth in Section 17.6.1, the size of a proposed new home or expansion of an existing home, including an expansion to accommodate an accessory dwelling unit in conformance with Section 17.3.4, shall be established as set forth in this section.

A.

Lots Under Twenty Thousand Square Feet. No single-family residence on a lot of less than twenty thousand (20,000) square feet may exceed the values shown on the schedule found in Section 17.6.8 entitled "Maximum Allowable Home Size Without Design Review Approval for Lots Less Than 20,000 Square Feet" except as provided in Subsection D below. The "Maximum Floor Area" values shown on that Section 17.6.8 schedule shall be increased by five (5) square feet for every linear foot of open space abutting the lot proposed for development, provided at least 75 linear feet of open space abut the lot proposed for development. For the purposes of this section, "open space" must not contain any buildings within 35 feet of the lot proposed for development. "Open space" includes EBMUD watershed property, PG&E transmission line rights-of-way, golf course fairways, East Bay Regional Park District parkland and portions of City parks in a natural state.

B.

All Other Lots. No single-family residence on a lot of twenty thousand (20,000) square feet or more may have a floor area exceeding the product of .20 times the net parcel area of the lot except as provided in Subsection D below.

C.

Large Homes. The maximum floor area for a single-family residence shall not exceed seven thousand (7,000) square feet, regardless of lot size except as provided in Subsection D below.

D.

Design Review. An applicant may elect to seek approval to exceed the maximum allowed sizes described in Subsections A—C, above, through a design review application to the City. Such applications shall be granted only if exceeding the maximum allowed sizes described in Subsections A—C, above, will not cause or contribute to inconsistency with the City's Basic design review standards (Section 17.30.5) or any other applicable design review standards.

(Ord. 05-01 § 2; Ord. 99-5 § 2 Exh. A (part))

(Ord. No. 10-03, § 2(exh. A), 4-20-10; Ord. No. 10-10, § 2(exh. A), 1-4-11; Ord. No. 17-03; § 2(Att. A), 8-117)

The floor area of a single-family residence shall be calculated as follows:

A.

The floor area shall include the total horizontal area of each floor within the exterior walls of all buildings on a lot, including attached and detached primary and accessory dwelling units, buildings, garages, carports (measured by total roof area), storage spaces and any enclosed space with a seven-foot or greater ceiling height, and as measured at the exterior face of the enclosing walls. The area of a fully enclosed atrium shall be calculated as interior floor area.

B.

The floor area shall exclude:

1.

Attics and lofts, and/or portions of attics and lofts, which have less than an eight-foot ceiling height as measured from the top of exterior framing elements;

2.

Basements where the finished floor level directly above is less than four feet above the finished grade on all sides or basements where the finished floor level directly above is less than two feet above the finished grade on all but one side;

3.

Building recesses as follows:

a.

On existing residences, balconies, porches, decks or other structures, (except carports) where the longest dimension is unenclosed;

b.

On proposed construction, only portions of building recesses recessed less than eight feet deep where at least one of the longest dimensions is unenclosed; and

c.

On existing residences and proposed construction, up to 150 square feet of covered porches.

(Ord. 05-01 § 3: Ord. 02-03 § 9; Ord. 99-5 § 2 Exh. A (part))

(Ord. No. 10-10, § 2(exh. A), 1-4-11; Ord. No. 17-03; § 2(Att. A), 8-1-17)

The calculation of floor area set forth in Section 17.6.3 shall be adjusted as appropriate under the following provisions:

A.

Garage Adjustment. The floor area of a garage shall be excluded from the calculation of floor area to a maximum of four hundred (400) square feet. Any garage floor area in excess of four hundred (400) square feet shall be included in the calculation of floor area in Section 17.6.3.

B.

Interior Volumes. In calculating floor area under Section 17.6.3, any space with an exterior height of seventeen (17) feet or greater, measured from finished floor level, shall be doubled.

(Ord. 02-03 § 10; Ord. 99-5 § 2 Exh. A (part))

The provisions of this chapter shall not apply to the following projects:

A.

Additions of newly created habitable space which are to be fully contained within the building envelope of any existing conforming or legally nonconforming single-family residential structure, as determined by the Zoning Administrator; and provided that no approvals for either a new residence or an exterior addition have been granted within the past five years from the time of the application under this exemption. Examples include excavation and improvement of areas behind the skirt walls of hillside homes, improvement of attic spaces, and limited exterior changes such as the addition of windows, doors and dormers not exceeding four feet in height.

B.

Any addition or accessory structure of less than two hundred (200) square feet, provided that no approvals for either a new residence or an exterior addition have been granted within the past five years from the time of the subject application, and neither an exception or variance is requested.

(Ord. 05-07 § 4: Ord. 99-5 § 2 Exh. A (part))

(Ord. No. 10-03, § 2(exh. A), 4-20-10)

When an addition to an existing home involves the complete demolition of an existing accessory structure, that previously existing floor area shall not be counted as existing space and its replacement shall be viewed as newly constructed space.

(Ord. 99-5 § 2 Exh. A (part))

"Net parcel area" means the total horizontal area included within the property lines of a parcel, excluding area within vehicular rights-of-way and vehicular easements which serve four or more parcels. Generally, all public streets and private streets serving a total of four or more lots are to be excluded from net parcel area calculations, while shared driveways may be included.

(Ord. 99-5 § 2 (Exh. A (part))

Maximum Allowable Home Size For Lots Less Than 20,000 sq. ft.

Note: The "Maximum Floor Area" as listed below excludes the first four hundred (400) square feet of garage and/or carport roof area, but includes all such garage/carport areas in excess of the first four hundred (400) square feet. Application of the design review standards of Chapter 17.30 may result in homes that are either smaller or larger than the maximum floor areas listed below.

(Ord. 99-5 § 2 (Exh. A (part))

(Ord. No. 10-03, § 2(exh. A), 4-20-10; Ord. No. 17-03; § 2(Att. A), 8-1-17)

Chapter 17.7 - RESIDENTIAL MINIMUM LOT SIZE AND HILLSIDE DEVELOPMENT Sections:

17.7.1 - Intent.

A.

Preservation of the city's semi-rural environment is required by the Orinda general plan. To maintain "visible vacant land within and adjacent to residential areas," "the dominance of wooded and open ridges and hillsides," and to meet the one to two unit per acre density as required by the general plan for future subdivisions, standards for minimum lot size must be established.

B.

In addition, the terrain of certain areas of the city provides a unique and substantial character to the area, and forms an integral part of the city's total environment. Due to the physical prominence of hillsides in the city's landscape, development of hillside areas affects the visual and environmental character of the city. Hillside development should preserve the natural terrain, environmental quality and aesthetic character of the city, while providing creative, innovative and safe residential development with a variety of housing types. These goals can be achieved only when special consideration is given to those developments and subdivisions on and near hillsides, and to variations in conditions, design criteria and other requirements which must be flexible in order to achieve hillside development that is consistent with these objectives. The attractiveness of hillside and ridgeline areas and the other objectives specified in this title are important factors to the general welfare of the citizens of the city, and reasonable control of residential slope density is in the public interest.

(Ord. 99-5 § 2 Exh. A (part))

The objectives of this chapter are to:

A.

Encourage minimal grading which respects the natural contour of the land and which will round off, in a natural manner, sharp angles at the top and ends of cut-and-fill slopes;

B.

Require retention of trees and other vegetation which stabilize steep hillsides, retain moisture, minimize erosion and enhance the natural scenic beauty, and where necessary, require additional landscaping to enhance the scenic and safety qualities of the hillsides;

C.

Require planting wherever appropriate to maintain necessary cut-and-fill slopes, to stabilize them by plant roots, and to conceal the raw soil from view;

D.

Require retention of natural landmarks and prominent natural features that enhance the character of a particular area of the city;

E.

Achieve land-use residential densities that are in keeping with the city's general plan, with the result that such densities will usually diminish as the slope of terrain increases, in order to retain the significant natural features of hillside area;

F.

Minimize the water runoff and soil erosion problems incurred in adjustment of hillside terrain to meet on-site and off-site development needs;

G.

Retain open hillsides and significant ridgelines in as near a natural state as is feasible as an important community value;

H.

Encourage the planning, design and development of hillside area building sites so as to provide maximum safety and human enjoyment;

I.

Provide for the preservation and maintenance of significant ridgelines, open space and recreational lands; and

J.

Provide minimum lot size standards for future subdivisions while avoiding the characterization of existing legal lots as nonconforming.

(Ord. 99-5 § 2 Exh. A (part))

Subject to the provisions of Chapter 17.20 of this title and Section 17.7.4, no lot may be created or reconfigured unless it meets the following standards:

(Ord. 99-5 § 2 Exh. A (part))

No lot may be created or reconfigured on sloping terrain unless it conforms to the requirements of this section. These provisions shall apply to all land zoned for RL-6 through RL-40 as shown on the schedule entitled "Allowable Density and Lot Sizes on Sloping Terrain", including any planned development district and RVL district.

A.

Allowed Density. Slope shall be calculated by this formula:

AS = (0.00229)(I)(L) / A

B.

Percent of Slope. For the purposes of the average slope formula, percent of slope is the vertical drop in feet divided by the horizontal distance in feet multiplied by one hundred (100).

C.

Maximum Allowable Unit Per Acre. The "maximum allowable unit per acre" shall be used as a multiplier to determine the maximum number of units on a parcel. A fraction of less than one that result from the multiplication of the lot size and the applicable multiplier shall be discounted.

Schedule 17.7.4

Allowable Density and Lot Sizes on Sloping Terrain

(Ord. 02-03 § 11; Ord. 99-5 § 2 Exh. A (part))

(Ord. No. 14-04, § 2(exh. A), 5-20-14)

An adjustment may be granted from the requirements of Section 17.7.4 to allow lot sizes smaller than those shown, if such a plan is found to be in conformance with the intent and development standards of this chapter, subject to the following requirements: (1) no lot may be less than twenty thousand (20,000) square feet in size; and (2) the total number of allowable units per acre may not be exceeded. To grant an adjustment, the Planning Commission must make findings of fact to support each of the following:

A.

The clustering of lots reduces either environmental impact and/or off-site visual impact, and the proposed plan is consistent with any underlying tentative map and/or planned development approval.

B.

The clustering of lots allows for a greater degree of conformity to development standards of the underlying zone.

(Ord. 99-5 § 2 Exh. A (part))

A.

General. The development standards in this chapter are in addition to design review required in Chapter 17.30 and applicable engineering requirements.

B.

Ridge Views. Off- and on-development-site views of significant ridges shall not be substantially impaired. To determine which ridges are subject to this provision, the criteria set forth in the findings and objectives sections of this chapter shall be utilized.

C.

Hillside Streets. Hillside street standards shall reflect a rural rather than urban character. Street alignments, where feasible, should be parallel to contours. Where a street location between a valley and ridge is unavoidable, directional pavements should be separated, with the principle of grading being half cut and half fill. Intermittent widening of streets for parking and turnarounds at appropriate places shall be encouraged.

D.

Street Lighting. Street lighting provided as part of a development in hillside areas shall be of low profile design, unobtrusive and designed to enhance a rural character of the area.

E.

Walkways. When required, walkways shall be provided in accordance with a complete pedestrian circulation plan, and not rigidly appended into every street.

F.

Trails. Bicycle and equestrian trails, if required, shall be integrated into an overall circulation plan for any development.

(Ord. 99-5 § 2 Exh. A (part))

Any developed parcel of land with an average slope of more than fifteen (15) percent or a significant ridgeline and hilltop regardless of the slope, or both, shall not be graded without the specific authorization of the Zoning Administrator (or the Planning Commission when it has jurisdiction). This restriction shall not, however, apply to grading that is located as follows: (1) outside the required yard setbacks, (2) no more than thirty (30) feet from the footprint of the primary residence, and (3) no more than twelve (12) feet above or below the elevation of the existing grade at the closest portion of the residence (see Section 17.7.7 graphic). Approval by the Zoning Administrator (or the Planning Commission when it has jurisdiction) shall be granted only upon a showing that the proposed grading will comply with the objectives and regulations of this chapter, including the standards set forth in this section, and will not have a substantial visual impact when viewed from surrounding community areas.

A.

Design. Grading plans shall take into consideration the environmental characteristics of that land including, but not limited to prominent geological features, existing stream beds and significant tree cover, and shall use the best engineering practices to avoid erosion, slides or flooding, and to have a minimal effect on this environment. The natural appearance of the lot shall be preserved to the greatest extent possible.

B.

Conditions. To keep all graded areas and cuts and fills to a minimum, eliminate unsightly grading, preserve and maximize the natural appearance and beauty of the property, and to implement this chapter, the Zoning Administrator or the Planning Commission may impose limitations on the size of the areas to be graded or to be used for building, on the size, height, and angles of cut slopes and fill slopes, and the shape of resulting land masses. In appropriate cases, retaining walls may be required.

C.

Development Plan Approval. No grading of a lot may occur unless all required approvals for the development of the parcel have been obtained.

==> picture [285 x 168] intentionally omitted <==

(Ord. 02-03 § 12: Ord. 00-08 § 1: Ord. 99-5 § 2 Exh. A (part))

(Ord. No. 10-10, § 2(exh. A), 1-4-11; Ord. No. 14-04, § 2(exh. A), 5-20-14)

A portion of every proposed residential development located on a parcel of land with an average slope of more than twenty-six (26) percent shall remain in its natural state as an undeveloped open area with no grading, tree or foliage removal, or structure or other development.

A.

Location. The undeveloped open areas required by this chapter shall be located primarily on the upper elevations of any particular residential development site, and shall include significant hilltops and ridges and other topographical landmarks, open exposed hillsides, recreational areas, or areas of environmental significance.

B.

Ownership and Maintenance. Areas to remain as undeveloped open areas may be required to be offered for dedication to be part of a public open space or park system. Where such dedication offer is not to be accepted, the developer shall provide, as required, for the ownership, appropriate access, and necessary care and maintenance of the open area.

(Ord. 99-5 § 2 Exh. A (part))

Chapter 17.8 - DOWNTOWN DISTRICTS

In addition to the general purposes listed in Chapter 17.1, the specific purposes of the downtown district regulations are to:

A.

Create every opportunity for the downtown area to function as a vital, thriving yet traditional Main Street area, serving local needs and providing for specialty retail activities, consistent with the general plan;

B.

Create a vibrant community center by encouraging a variety of businesses which will create pedestrian interaction and pedestrian-scale activities. Emphasize uses which involve pedestrian spaces, including outdoor dining, garden settings, walkways and seating areas;

C.

Encourage areas of distinctive character by identifying preferred uses and development standards unique to these locations;

D.

Regulate development so as to achieve a vibrant community center over time. All development, including incremental development, small building additions or increases in intensity of existing land uses, shall be consistent with this goal;

E.

Establish incentives, such as additional building height, higher floor area or broader range of permitted uses to help achieve a vibrant community center;

F.

Discourage and eventually terminate nonconforming office uses in retail spaces;

G.

Establish development standards which define desired character, but which allow and encourage flexibility in how this character is to be achieved, including standards involving building heights, setbacks, site planning, building bulk/mass, landscaping, parking, lighting and architecture, as presented in the downtown design guidelines;

H.

Protect adjoining residential areas from inappropriate or disruptive commercial or office activities;

I.

Encourage parking solutions which will serve long-term needs and will minimize the adverse effects of parking, traffic and circulation on the function and viability of downtown;

J.

Encourage activities and development which will showcase the creek, where possible, for low-intensity pedestrian-oriented activities and strolling;

K.

Provide for multifamily housing, including affordable housing, in downtown areas, consistent with the housing element of the general plan.

(Ord. 99-5 § 2 (Exh. A (part))

A.

"Mixed-use" means a combination of different uses, including at least one residential use, on a single site. Specifically, a site may be:

1.

"Vertical mixed-use," which combines different uses within a single building; and/or

2.

"Horizontal mixed-use," which combines multiple buildings with different uses on a single site.

B.

"Retail floor" means a floor in a building in the downtown commercial district or the downtown core district that meets one or more of the following definitions:

1.

A floor with an entrance at street level or an entrance from a mall, plaza or parking lot at any level;

2.

The first floor of Theatre Square; or

3.

A floor that is likely to serve retail customers by encouraging pedestrian traffic and interaction and pedestrian-scale activities, considering all relevant factors, including but not limited to easy access and visibility.

(Ord. 99-5 § 2 (Exh. A (part); Ord. No. 25-05, § 2(Att. A § 3), 11-3-25)

The downtown commercial district ("DC district") provides sites in downtown Orinda for retail shopping at ground level. Development standards are intended to enhance the "village character" of the downtown.

(Ord. 99-5 § 2 (Exh. A (part))

Retail and office uses are allowed in the downtown commercial district as set forth in this chapter. Temporary uses are allowed with a temporary use permit under Chapter 17.37. Government offices and facilities are allowed with a general use permit under Chapter 17.31. Multifamily dwellings are allowed with a general use permit under Chapter 17.31, provided they are built at a density that does not exceed ten units per acre and are part of a mixed-use development. All other uses are prohibited.

(Ord. 99-5 § 2 (Exh. A (part); Ord. No. 13-03, § 2(Att. A), 12-17-13; Ord. No. 25-05, § 2(Att. A § 3), 11-3-25)

In the downtown commercial district, certain uses are permitted, permitted with a use permit, or prohibited in certain locations as follows:

A.

Types of Interior Spaces. There are three types of interior commercial space in the downtown commercial district:

1.

Type I Space. Type I space is a retail floor in a building or a portion of a building that:

a.

Faces or abuts a street or street segment listed below; or

b.

Faces a mall, plaza or parking lot which faces or abuts a street or street segment listed below.

Type I space excludes a retail floor in a building that meets the criteria listed in subsections A.1.a. or A.1.b. of this section, solely because of driveway access to such a street or street segment.

Type I space is located on the following streets and street segments within the downtown commercial and downtown core zoning districts: Orinda Way; Avenida De Orinda (both sides of the eastern half and the north side of the western half); Camino Sobrante; Santa Maria Way; Moraga Way; Bryant Way (between Moraga Way and Davis Road); Brookwood Road (between Moraga Way and Camino Pablo except for the unit near the garage entrance in the Theatre Square Complex); Camino Pablo (east side between Highway 24 and Moraga Way).

Type II Space. Type II space is a retail floor that is not in a building or a portion of a building that faces or abuts any of the streets and street segments listed in subsection A of this section or a building or portion of a building that faces or abuts a mall, plaza, or unenclosed parking lot facing or abutting any of the streets and street segments listed above. Examples include but are not limited to the rear side of buildings along the west side of Orinda Way, Camino Pablo's west side south of Brookwood Road, and Brookwood Road west of Camino Pablo.

3.

Type III Space. Type III space is any other space in the downtown commercial and downtown core zoning districts.

Section 17.8.5 Graphics

Graphics within this section demonstrate Type I and Type II spaces within the existing built environment of Downtown Orinda as of August 12, 2025.

==> picture [408 x 421] intentionally omitted <==

17.8.5 Downtown Space Utilization Map: "The Crossroads"

==> picture [396 x 409] intentionally omitted <==

B.

Classification of Commercial Uses. There are three general classes of uses permitted in the downtown commercial district.

1.

Class A Uses. Retail sales and restaurants, restaurants with take-out*, and restaurants with outdoor dining*;

*Take-out restaurants and outdoor dining are subject to additional regulations set forth in subsection I of this section.

2.

Class B Uses. Personal care, personal development services (excluding health care), and business and automotive services, including service stations, if the use will tend to create substantial pedestrian interaction with surrounding businesses (including, but not limited to, beauty parlors, barber shops, fitness centers, dry cleaners, travel agencies, dance, music, and martial arts studios), and retail financial institutions such as banks, savings and loans, credit unions, and freestanding automatic teller machines; and

3.

Class C Uses. Office uses compatible with a village atmosphere such as medical and professional offices, real estate sales, and financing.

C.

Uses Not Requiring a Commercial Use Permit. Except as otherwise provided in subsection G of this section, in all spaces, Class A uses are allowed without a commercial use permit. Class B uses are allowed without a commercial permit in Type II and III spaces; and Class C uses are allowed without a commercial use permit in Type III spaces. Where a single space has multiple frontages that, considered separately, would be classed as more than one space type, the entire space is subject to the rules applicable to the higher type, e.g., Type I rather than Type II. Where a single space is proposed to be divided into more than one space, creating one or more new and less-restrictive spaces, a commercial use permit is required.

D.

Commercial Use Permit Requirement.

1.

Class B Uses. A use permit under Chapter 17.36 is required for a Type B use in a Type I ground floor space.

2.

Class C Uses. A use permit under Chapter 17.36 is required for a Class C use in Type II spaces. A Class C use is prohibited in Type I space.

3.

Other Uses. Certain uses described in subsection G of this section require a use permit under Chapter 17.36.

4.

Extended Hours. A commercial use permit is required for any use which operates before 5:00 a.m. or after 11:00 p.m.

E.

Use Prohibition. All uses not specifically permitted in this Chapter 17.8 are prohibited in the downtown commercial district.

F.

Space Utilization Chart. The following chart illustrates the provisions of Sections 17.8.5C. and D:

G.

Supplemental Restrictions for Specific Uses. The following specific uses are also permitted in the downtown commercial district, subject to the contents of the chart above and subject to obtaining a commercial use permit under Chapter 17.36. Those uses marked by an asterisk are subject to additional regulations set forth in Section 17.8.5.H:

1.

Adult business;*

2.

Animal sales and services;

3.

Bar and tavern;

4.

Commercial recreation and entertainment;

5.

Convenience market;

6.

Convenience market and other ancillary retail at a service station;*

7.

Farmer's market;

8.

Game center;*

9.

Liquor store;

10.

Live entertainment;*

Maintenance and repair services;

12.

Outdoor sales;*

13.

Service stations;*

Vehicle sales and services;

15.

Visitor accommodations;

16.

Ancillary retail uses.*

*Uses marked by an asterisk in subsection G of this section are subject to additional regulations set forth in subsection H of this section.

H.

Supplemental Restrictions for Specific Uses. The following uses are permitted in the downtown commercial district subject to particular restrictions for such uses as described below and subject to obtaining a commercial use permit under Chapter 17.36:

1.

Adult Businesses.

a.

Purpose.

i.

In adopting these provisions, the City Council recognizes that certain types of adult businesses possess certain objectionable operational characteristics which, if such uses are allowed to concentrate, will have adverse effects upon the character of such areas and adjacent neighborhoods. The City Council further recognizes that locating adult businesses in close proximity to establishments frequented by minors will cause the exposure of minors to adult material that may adversely affect such minors due to their immaturity. Additionally, the City Council recognizes that, while certain adult entertainment enjoys limited protection under the First Amendment to the United States Constitution, substantial numbers of citizens of the city are offended by the public display of sexually-oriented material.

ii.

Special and limited regulation of adult businesses, consistent with the First Amendment rights of such uses, is therefore necessary. This will ensure that the adverse effects of adult businesses will not contribute to the blighting or downgrading of the DC district in which they are permitted and the downgrading of surrounding neighborhoods; will not adversely affect minors; and will not offend those citizens of the city who do not wish to be exposed to sexually-oriented material.

b.

Location of Adult Businesses. No adult businesses, including adult bookstores, adult movie theaters, and massage establishments, shall be located:

i.

Within four hundred (400) feet of any R district;

ii.

Within three hundred (300) feet of the boundaries of a parcel of a real property site occupied by a public or private school, a religious assembly facility that conducts religious education classes for minors, or a park and recreation facility;

iii.

Within six hundred (600) feet of any other adult business; or

iv.

On the ground level of a building.

c.

Public Display of Certain Matter Prohibited. No business shall display or exhibit any material depicting private anatomical areas or sexual activities in such a way as to be visible by persons outside the building in which the adult business is located.

2.

Convenience Markets and Other Ancillary Retail Uses at a Service Station. Ancillary retail use, including a convenience market, may be permitted at a service station if a noticed hearing is held under Chapter 17.42 in conjunction with the application under Chapter 17.36 for a commercial use permit (or commercial use permit amendment) for a service station. The proposed use may be approved if findings of fact are made to support each of the listed criteria and use permit conditions are imposed consistent with the listed requirements:

a.

Criteria:

i.

The existence of the proposed use will not significantly and adversely alter the impact and the character of the primary service station use;

ii.

The proposed use will enhance the pedestrian environment in the vicinity of the service station;

iii.

The proposed use will enhance the availability of food in the City; including fresh food;

iv.

The proposed use will not adversely impact any of the policies set forth in Section 17.8.1;

v.

The proposed use will substantially further City goals for downtown Orinda as identified in adopted plans, including, but not limited to, the ConnectOrinda Streetscape Master Plan.

b.

Requirements:

i.

The proposed use shall occupy only ground floor space and not exceed twenty (20) percent of the total lot area;

ii.

The proposed use shall provide and maintain one or more seating areas (minimum of eight aggregate seats) to accommodate food and/or beverage consumption;

iii.

The building containing the proposed use shall include a pedestrian entrance from a sidewalk in the public right-of-way. This entrance shall be located:

1.

No more than thirty-five (35) feet from the public sidewalk;

2.

On an exterior primary wall that runs roughly parallel to the public sidewalk for a distance of at least twentyfive (25) feet.

iv.

The proposed use must be at least two thousand two hundred fifty (2,250) square feet and no larger than three thousand (3,000) square feet;

v.

To the extent that outdoor seating is provided, it shall comply with all outdoor dining requirements contained in Section 17.8.5(I)(1) except for any outdoor dining permit requirement;

vi.

To the extent the proposed use comes within the definition of take-out restaurant, it shall comply with all take out restaurant requirements contained in Section 17.8.5(I)(2).

3.

Game Centers. The following supplemental regulations shall apply to the operation of game centers, including mechanical or electronic games or any other similar machine or device:

a.

Purpose. The intent of these regulations is to control the location and hours of operation of game centers so as not to allow school children to play the games during school hours nor to encourage minors to congregate in areas close to commercial establishments that sell alcoholic beverages.

b.

Permit Required. A commercial use permit shall be required to install, operate or maintain four or more mechanical or electronic games. The permit is valid only for the number of games specified; the installation or use of additional games requires a new or amended permit. The permit shall be permanently and conspicuously displayed.

c.

Duration and Renewal of Permit. Initially, the permit shall be valid only for one year. Thereafter, the Community Development Director may renew the permit for periods of not more than two years. The procedure for renewal is the same as that for the initial application, and the same factors considered for the initial application shall be considered for the renewal.

d.

Adult Manager. At least one adult manager shall be on the premises during the time a game center is open to the public.

e.

Hours of Operation for Minors Under Eighteen (18) Years of Age. No game center owners, manager or employees shall allow a minor under eighteen (18) years of age to play a mechanical or electronic game machine during the hours of public schools in the district in which the center is located are in session, or after 9:00 p.m. on nights preceding school days, or after 10:00 p.m. on any night. It is the responsibility of the owner or manager of the game center to obtain a current schedule of school days and hours.

f.

Locational Criteria. A game center shall not be permitted within three hundred (300) feet of a public or private school site or the boundary of an R district, or within five hundred (500) feet of a liquor store, a cocktail lounge, tavern or bar. The distance shall be measured in a straight line from the main public entrance to the game center to the property line of the school site, the district boundary, or the main public entrance of the liquor store or cocktail lounge, as the case may be.

g.

Restrictions. The Planning Commission may impose reasonable restrictions on the physical design, location, and operation of a game center in order to minimize the effects of noise, congregation, parking, and other nuisance factors that may be detrimental to the public health, safety and welfare of the surrounding community.

4.

Live Entertainment. The following regulations shall apply to any use offering scheduled live entertainment, as defined, more than three times per calendar year:

a.

Exits not limited to emergency use only shall not be opposite an R district adjoining the site.

b.

A use permit shall establish conditions ensuring that no litter problem will exist.

c.

A use permit for live entertainment shall apply only to the type of entertainment approved, and a different type of entertainment shall require approval of a new use permit.

d.

A noise analysis specifying areas affected and sound proofing or other mitigation that will be employed to eliminate excessive noise exposure on adjacent property shall be submitted with a use permit application.

5.

Outdoor Sales. Outdoor sales specified in subsection (H)(5) of this section are allowed with a commercial use permit.

a.

Permanent outdoor storage and display of merchandise, materials or equipment, including display of merchandise, materials and equipment for customer pick-up.

6.

Service Station.

a.

All repair work shall be conducted within a building. No outside storage of parts, equipment or vehicles which have been damaged or dismantled completely or partially, is permitted.

b.

Activities permitted in a service station include tire sales, installation of mufflers, exhaust and suspension systems, electronic tune-ups, oil/lubrication and filter replacement, wheel alignment, tire rotation and balancing, battery installation or charging, hose replacement, belt replacement, carburetor adjustment, installation and repair of brakes, auto radio and electronics installation and service, alarm installation, or air conditioning or heater service.

c.

Activities prohibited in a service station include other major repair activities such as engine overhauls involving body and fender work, painting and undercoating.

7.

Ancillary Retail Use. An ancillary retail use is permitted in the downtown commercial district if a noticed hearing is held under Chapter 17.42 in conjunction with the application for a commercial use permit and findings of fact are made to support each of the following criteria:

a.

The existence of the ancillary retail use will not significantly and adversely alter the impact and the character of the primary retail use;

b.

The ancillary use will not adversely affect the use of more than twenty (20) percent of the existing floor area;

c.

The ancillary use will not create a significant adverse impact on parking and pedestrian and vehicular traffic;

d.

The ancillary use will not adversely impact any of the policies set forth in Section 17.8.1.

For special rules applicable to ancillary retail uses at service stations, see subsection 2, above.

I.

Additional Regulation for Uses Not Requiring a Commercial Use Permit.

1.

Outdoor Dining. Outdoor dining is allowed with an outdoor dining permit.

a.

The following regulations apply to all outdoor dining permit applications:

i.

The operator shall furnish tables, chairs, umbrellas, and portable heaters (outdoor dining furniture) as necessary.

ii.

Outdoor dining furniture shall not be secured to public streetlights, trees, or other furniture.

iii.

No outdoor dining furniture may be located at a street intersection within a triangular area formed by the street curb lines and their projections and a line connecting them at points forty (40) feet from the intersection of the projected curb lines. In cases where curbs do not exist, the edge of street pavement shall be used for measuring purposes.

iv.

Outdoor dining furniture shall meet the following standards:

(A)

Tables and chairs shall be made of a safe, sturdy, durable material such as wrought iron, wood, steel, or cast aluminum.

(B)

No plastic tables or chairs and no vinyl tablecloths are permitted.

(C)

All tables and chairs shall be commercial grade and manufactured for outdoor commercial use.

(D)

Tables shall be square, rectangular or round to seat two to four people.

(E)

All furniture shall be properly maintained and cleaned regularly.

v.

No umbrella signage is permitted.

vi.

At least seven feet ground clearance shall be provided under umbrellas.

vii.

If portable heaters are used, they shall be located a minimum of two feet from the pedestrian zone.

viii.

The outdoor dining area shall be maintained in a clean and safe condition at all times.

ix.

All Americans with Disabilities Act (ADA) requirements shall be met.

b.

The following regulations apply to applications for outdoor dining located in the public right-of-way:

i.

All requirements of subsections I.1. of this section must be met;

ii.

Approval of a revocable encroachment permit per Chapter 12.08 must be obtained;

iii.

Furniture must be located immediately in front of the business it serves or shall have the consent of the businesses in which the outdoor dining area is abutting;

iv.

Tables shall be fastened to the ground, in a manner acceptable to the City Engineer;

v.

Outdoor dining furniture, except for the tables, shall not be left in the public right-of-way during nonbusiness hours;

vi.

Outdoor dining areas shall remain on the same side of the pedestrian zone along public sidewalks not wide enough to accommodate outdoor dining areas on both sides of the pedestrian zone unless there is a tenfoot separation between dining areas;

vii.

A two-foot vehicle buffer zone between the curb and the outdoor dining area or the pedestrian zone shall be maintained;

viii.

A minimum pedestrian zone of four feet and six inches shall be maintained;

ix.

Outdoor dining areas shall not cause the pedestrian zone to encroach into the radius of a door swing;

x.

Outdoor dining furniture shall not encroach into the vehicle buffer zone or the pedestrian zone.

2.

Take-out restaurants are allowed with a take-out restaurant permit.

a.

The following regulations apply to all take-out restaurant permit applications:

i.

Identifiable containers and napkins shall be used for all carry-out food, and all litter resulting shall be promptly removed.

ii.

A trash receptacle shall be provided near each public restaurant exit unless there is an existing trash receptacle within twenty-five (25) feet of each exit. If in the public right-of-way, the type of trash receptacle shall be subject to approval by the Public Works Department.

iii.

The business owner shall keep the area in front of the restaurant clean and litter-free and ensure that the trash receptacle does not overflow. In the event that receptacles in the public right-of-way overflow and are emptied by the city, the applicant shall be charged the cost of emptying the receptacle.

iv.

The applicant must provide documentation showing that the requirements for off-street parking in Section 17.16.4 of the Orinda Municipal Code are met.

v.

Walk-up service is allowed, provided access is not directly to the public right-of-way.

vi.

A restaurant which offers food and beverages, or either one, for sale to a customer in a motor vehicle for consumption off-site is prohibited.

J.

Prohibition of Specified Uses.

1.

Commercial Marijuana Land Uses. Commercial marijuana land uses are a prohibited use in the downtown commercial district.

2.

Outdoor Marijuana Cultivation. The outdoor cultivation of marijuana is a prohibited use in the downtown commercial district.

(Ord. 07-07 §§ 2—7; Ord. 02-03 §§ 13, 14, 33 (part); Ord. 99-5 § 2 Exh. A (part); Ord. No. 09-01, §§ 4, 5, 5- 19-09; Ord. No. 11-04, § 1, 5-3-11; Ord. No. 17-05, § 2(Att. A), 9-5-17; Ord. No. 25-05, § 2(Att. A § 3), 11-325; Ord. No. 25-06, § 2(Att. A), 1-20-26)

The following Schedule 17.8.6, entitled "DC District—Property Development Standards" prescribes minimum lot dimensions and property development regulations for the downtown commercial (DC) district. New construction, additions and replacement construction (excluding tenant improvements) in the DC district shall require a use permit under Chapter 17.36, to assure compliance with the intent of Section 17.8.1.

Schedule 17.8.6

DC District—Property Development Standards

(Ord. 99-5 § 2 Exh. A (part))

17.8.7 - Downtown office district—Description.

In addition to the general purposes set forth in Chapter 17.1 and at the beginning of this chapter, the specific purpose of the downtown office district ("DO district") is to provide sites for professional uses that offer services primarily to the needs of Orinda residents and visitors and for businesses at appropriate locations, consistent with the general plan and subject to development standards that ensure consistency with adjoining land uses.

(Ord. 99-5 § 2 Exh. A (part))

17.8.8 - Downtown office district—Use restrictions.

A.

Uses By Right—No Use Permit Required. Offices for all forms of business, for the services of licensed professionals, and for government offices and facilities are permitted in the DO district without a use permit. Limited manufacturing is permitted as an ancillary use in medical and dental practices.

B.

Temporary Uses. A temporary use is permitted in the DO district if a temporary use permit is obtained under Chapter 17.37.

C.

Permit Required. The following uses are allowed in the DO district if a general use permit is obtained under Chapter 17.31: Clubs and other private associations, educational facilities, residential congregate care for elders, convalescent facilities, and day care.

D.

Other Uses Prohibited. All uses not specifically permitted in this zoning district are prohibited.

E.

Prohibition of Specified Uses.

1.

Commercial Marijuana Land Uses. Commercial marijuana land uses are a prohibited use in the downtown office district.

2.

Outdoor Marijuana Cultivation. The outdoor cultivation of marijuana is a prohibited use in the downtown office district.

(Ord. 99-5 § 2 Exh. (part); Ord. No. 11-04, § 1, 5-3-11; Ord. No. 17-05, § 2(Att. A), 9-5-17; Ord. No. 25-05, § 2(Att. A § 3), 11-3-25)

17.8.9 - Downtown office district—Property development standards.

The following Schedule 17.8.9, entitled "DO District—Property Development Standards" prescribes minimum lot dimensions and property development regulations for the downtown office (DO) district.

Schedule 17.8.9

DO District—Property Development Standards

(Ord. 99-5 § 2 Exh. A (part))

A.

Planting Areas. Visible yards not used for parking shall have a three-foot planting strip adjoining an interior property line within fifty (50) feet of a street property line. Front and corner side yards that are not used for drives or walks shall be planting area. Perimeter planting strips around parking lots shall be five feet wide, and ten percent of the interior of parking lots shall be landscaped. See Chapter 17.17 for general landscaping requirements.

B.

Location of Parking. No parking shall be allowed in a front or corner side setback area unless the Planning Commission, as part of development plan approval, determines that no alternate location is feasible, parking lot landscaping will provide adequate screening, and the site plan and design conforms to the downtown design guidelines.

C.

Accessory Structures.

Timing. Nonresidential accessory structures are prohibited prior to the start of construction of a principal structure on a site, except that construction trailers may be placed on a site at the time site clearance and grading begins. Construction trailers may remain on the site only for the duration of construction.

2.

Location. Except as provided in this subsection, nonresidential accessory structures shall not occupy a required front or corner side yard, or project beyond the front building line of the principal structure on a site. No accessory uses shall be permitted off-site.

3.

Maximum Height. The maximum height of a nonresidential accessory structure shall be twelve (12) feet, subject to the provisions of this subsection; provided, that pitched roofs shall not exceed a height of sixteen (16) feet.

4.

Relation to Property Lines. A nonresidential accessory structure in a required rear yard shall be located on a property line or shall be not less than three feet from a property line. A structure on a property line shall not exceed six feet in height at the property line and shall not intercept an inclined daylight plane sloping inward from a point six feet above the property line and rising one foot for each foot of distance for the property line.

5.

Garages on an Alley. Garages facing an alley shall be set back twenty-five (25) feet from the alley centerline; garages siding on an alley shall be set back fifteen (15) feet from the alley centerline.

D.

Fences and Retaining Walls. No fence shall exceed six feet in height. The combined height of a retaining wall and a separate fence on a property line shall not exceed eight feet unless the fence is set back from the retaining wall a minimum of half the distance of the required setback but no more than five feet. However, if the fence is on one property and the retaining wall on the abutting property, the maximum fence height is six feet regardless of the retaining wall height.

E.

Walk-up Facilities. In order to maintain free flow of pedestrian circulation, walk-up facilities, including window service and bank ATM machines, shall be set back at least three feet from the property line and shall be wheelchair accessible at all locations. Where a vehicular circulation area or parking area separates the building from the property line, the walk-up facility shall be located so that it does not impede pedestrian circulation or create conflicts between pedestrian and vehicular circulation flows. A walk-up facility that does not conform to these requirements may only be permitted upon approval of a use permit.

F.

Mechanical Equipment.

1.

General Requirement. Exterior mechanical equipment (except solar collectors) and operating mechanical equipment must be screened from off-site views. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing line, ductwork and transformers. Placement of mechanical equipment is limited by the setback requirements of the base zoning district, unless otherwise provided for within this title.

2.

Utility Meters. A utility meter must be screened from view from the public right-of-way. A meter or transformer in a required front yard or in a corner side yard must be enclosed in a subsurface vault.

3.

Screening Specifications. Screening material may have evenly distributed openings or perforations not exceeding fifty (50) percent of the surface area and must effectively screen mechanical equipment so that it is not directly visible from off-site. Heavy, evergreen landscaping may be used to meet these requirements.

G.

Refuse Storage Areas. A refuse storage area located within a building or screened on all sides by a six-foot high concrete, masonry wall or similar screening mechanism and an access gate must be provided before occupancy for uses other than a single-family or multifamily dwelling. The Planning Director may waive this screening requirement for refuse collection and storage equipment, including the use of a dumpster and waste storage container, if the collection/storage area is not visible from a street.

(Ord. 02-03 § 33 (part); Ord. 00-2 § 7; Ord. 99-5 § 2 Exh. A (part); Ord. No. 14-04, § 2(exh. A), 5-20-14; Ord. No. 25-05, § 2(Att. A § 3), 11-3-25)

In addition to the general purposes set forth in Chapter 17.1 and at the beginning of this chapter, the specific purpose of the Downtown Core ("DCOR") districts is to generally provide sites for communityserving retail, restaurant, and personal services on the ground floor, and multifamily residential and other uses on upper floors. Development standards are intended to enhance the "village character" of the downtown. The two DCOR districts listed in Section 17.8.12.B are differentiated only in their permitted residential densities.

(Ord. No. 25-05, § 2(Att. A § 3), 11-3-25)

A.

All uses permitted in the Downtown Commercial district are also permitted in the Downtown Core districts, subject to the same regulations. When uses allowed in the Downtown Commercial district are proposed in the Downtown Core districts, Section 17.8.5 will determine whether a site is Type I, II or III Space, and the regulations in Sections 17.8.5, 17.8.6, and 17.8.10 apply.

B.

Multifamily residential uses are permitted by right in the Downtown Core districts. Such residential uses are permitted only in Type II and Type III spaces (as specified in Section 17.8.5). Up to thirty percent (30%) of the linear building façade containing Type I spaces (as specified in Section 17.8.5) may include uses ancillary to multifamily residential uses, including access, common areas, and amenity spaces. Residential uses are not otherwise permitted in Type I spaces. Residential uses in the Downtown Core districts shall be subject to the following densities:

1.

DCOR-30 (Downtown Core—Thirty (30) dwelling units per acre). Residential development in the DCOR-30 district requires a minimum density of twenty (20) units per acre and a maximum density of thirty (30) units per acre.

2.

DCOR-55 (Downtown Core—Fifty-five (55) dwelling units per acre). Residential development in the DCOR55 district requires a minimum density of twenty (20) units per acre and a maximum density of fifty-five (55) units per acre.

C.

Other Uses Prohibited. All uses not specifically permitted in this zoning district are prohibited.

(Ord. No. 25-05, § 2(Att. A § 3), 11-3-25)

A.

Development with no Residential Uses. Property development standards for development with no residential uses are as specified in Section 17.8.6 and Section 17.8.10.

B.

Development with Residential Uses. Property development standards for development with residential uses are specified in the Objective Design Standards for Multifamily Residential Housing in the Downtown Core and Downtown General Zoning Districts, dated September 29, 2025. Multifamily residential shall be developed in a vertical mixed-use configuration (as defined in Section 17.8.2) except in the following cases:

1.

When existing development that will be retained on the same site contains Type I Space and the proposed development is located on the site such that no space within the proposed development is a Type I Space, development may alternatively use a horizontal mixed-use configuration (as defined by Section 17.8.2).

2.

When the site proposed for development does not contain Type I space, development may alternatively use a horizontal mixed-use configuration (as defined by Section 17.8.2) or a multifamily residential-only configuration.

(Ord. No. 25-05, § 2(Att. A § 3), 11-3-25)

In addition to the general purposes set forth in Chapter 17.1 and at the beginning of this chapter, the specific purpose of the Downtown General ("DG") district is to provide sites for professional uses that offer services primarily to the needs of Orinda residents, visitors, and businesses at appropriate locations, and to allow for multifamily residential development consistent with the general plan and subject to development standards that ensure consistency with adjoining land uses.

(Ord. No. 25-05, § 2(Att. A § 3), 11-3-25)

17.8.15 - Downtown General district—Uses permitted.

A.

All uses permitted in the Downtown Office district are also permitted in the Downtown General district, subject to the same regulations. When uses allowed in the Downtown Office district are proposed in the Downtown General district, the regulations in Sections 17.8.8 through 17.8.10 apply.

B.

In addition, multifamily residential is permitted by right in accordance with the development standards of Section 17.8.16. Multifamily residential development proposed within the Downtown General district shall meet the minimum and maximum units per acre as described below:

1.

The minimum density is twenty (20) units per acre.

2.

The maximum density is twenty-five (25) units per acre.

C.

Other Uses Prohibited. All uses not specifically permitted in this zoning district are prohibited.

(Ord. No. 25-05, § 2(Att. A § 3), 11-3-25)

A.

Development with no Residential Uses. Property development standards for development with no residential uses shall be as specified in Section 17.8.9 and Section 17.8.10.

B.

Development with Residential Uses. Property development standards for development with residential uses are specified within the Objective Design Standards for Multifamily Residential Housing in the Downtown Core and Downtown General Zoning Districts, dated September 29, 2025.

(Ord. No. 25-05, § 2(Att. A § 3), 11-3-25)

The provisions of the Objective Design Standards for Multifamily Residential Housing in the Downtown Core and Downtown General Zoning Districts, dated September 29, 2025, are incorporated in this chapter by reference. The Objective Design Standards apply only insofar as provided in this chapter.

(Ord. No. 25-05, § 2(Att. A § 3), 11-3-25)

Chapter 17.9 - PUBLIC, SEMI-PUBLIC AND UTILITY DISTRICT

The specific purpose of the PS public, semi-public and utility district is to preserve established patterns of diverse uses such as the high-intensity community center and the East Bay Municipal Utility District ("EBMUD") filter plant and the undeveloped lands of the EBMUD watershed and to subject any changes in existing uses (with the exception of new emergency shelters) to a heightened level of scrutiny to assure consistency with the general plan.

(Ord. 99-5 § 2 (Exh. A (part); Ord. No. 13-03, § 2(Att. A), 12-17-13)

A.

The PS district shall be the base district for the uses listed in Schedule 17.9.2 entitled "PS District—Land Use Regulations." Additionally, public and semi-public use classifications (with the exception of emergency shelters) shall be permitted in all districts on properties consisting of less than two acres.

B.

A use in the PS district is permitted as provided in Schedule 17.9.2 entitled "PS District—Land Use Regulations." A use classification followed by the letter "U" is a use authorized in the PS district on approval of a use permit. Definitions of uses appear in Chapter 17.2 of this title.

Schedule 17.9.2

C.

Prohibition of Specified Uses.

1.

Commercial Marijuana Land Uses. Commercial Marijuana Land Uses are a prohibited use in the PS district.

Outdoor Marijuana Cultivation. The outdoor cultivation of marijuana is a prohibited use in the PS district.

(Ord. 99-5 § 2 (Exh. A (part); Ord. No. 13-03, § 2(Att. A), 12-17-13; Ord. No. 17-05, § 2(Att. A), 9-5-17; Ord. No. 25-02, § 2(Att. A), 5-20-25)

Property development standards shall be as required by the closest residential or downtown district base regulations. In addition, all development shall be subject to Chapter 17.15, Development Standards for All Uses, and Chapter 17.16, Off-Street Parking and Loading, of this title.

(Ord. 99-5 § 2 (Exh. A (part); Ord. No. 13-03, § 2(Att. A), 12-17-13; Ord. No. 15-02, § 2(Exh. A), 11-20-15)

Emergency shelters shall be subject to the following nondiscretionary standards and shall, in all other respects, be subject to the same zoning standards applicable to other residential or commercial development within the PS district:

A.

Occupancy. Each emergency shelter may serve a maximum of twenty (20) clients nightly and contain a maximum of twenty (20) beds.

B.

Location Criteria. Emergency shelters shall be located a minimum of three hundred (300) feet from another emergency shelter use.

C.

Parking. No parking minimum shall be required for new shelters within one-half mile of the Orinda BART Station. Off-street parking based upon demonstrated need, provided the standards do not require more parking for emergency shelters than for other residential or commercial uses within the same zone. Parking shall be no more than ten feet from any property line and parking lots shall be landscaped with two locally native trees per stall.

D.

Waiting and Intake Area. An interior client waiting and intake area shall be provided and contain a minimum of fifty (50) square feet per bed at the emergency shelter.

E.

On-site management. Emergency shelters shall have a manager on-site at all times while clients are present.

F.

Lighting. Night and security lighting and security measures shall be provided as necessary to ensure safe and convenient access and use of the emergency shelter. All outdoor lighting shall be shielded to prevent glare and outdoor light fixtures more than three feet above the ground shall be shielded to prevent direct illumination off-site. The maximum illumination at ground level shall not exceed the minimum required under the State Building Code.

(Ord. No. 13-03, § 2(Att. A), 12-17-13; Ord. No. 25-02, § 2(Att. A), 5-20-25)

Chapter 17.10 - PARK AND RECREATION DISTRICT

Sections:

The specific purpose of the park and recreation district is to preserve existing active open space and other recreational uses consistent with the general plan.

(Ord. 99-5 § 2 (Exh. A (part))

17.10.2 - Use restrictions.

A.

The PR district shall be the base district for the uses listed in Schedule 17.10.2 entitled "PR District—Land Use Regulations." Park and recreation uses on sites of less than two acres shall be permitted in all districts.

B.

A use in the PR district is permitted as provided in Schedule 17.10.2 entitled "PR District—Land Use Regulations." A use classification followed by the letter "U" is a use authorized in the PR district on approval of a use permit. Definitions of uses appear in Chapter 17.2 of this title.

Schedule 17.10.2

C.

Prohibition of Specified Uses.

1.

Commercial Marijuana Land Uses. Commercial marijuana land uses are a prohibited use in the PR district.

2.

Outdoor Marijuana Cultivation. The outdoor cultivation of marijuana is a prohibited use in the PR district.

(Ord. 99-5 § 2 (Exh. A (part); Ord. No. 17-05, § 2(Att. A), 9-5-17)

No change in an existing use may occur until a conditional use permit has been obtained. Property development standards shall be as required by the closest adjoining residential or downtown district base regulations or as established by the Planning Commission by conditions imposed at the time of review for approvals required by this title, including but not limited to minimum lot size, setback, height and design review. In addition, all development shall be subject to Chapter 17.15, Development Standards for All Uses, and Chapter 17.16, Off-street Parking and Loading, of this title.

(Ord. 99-5 § 2 (Exh. A (part))

Chapter 17.11 - OPEN SPACE DISTRICT

Sections:

The specific purposes of the open space district are to permanently preserve existing large public and private sites for open space uses, including lands managed or preserved for natural resource value and lands within subdivisions permanently preserved for open space use and to protect the public health and safety by restricting to open space use lands subject to flooding, landslides and other natural hazards.

(Ord. 99-5 § 2 (Exh. A (part))

No further subdivision of lots in the open space district shall be permitted, and no more than one singlefamily residence shall be permitted on a lot legally created prior to February 1, 2000.

(Ord. 99-5 § 2 (Exh. A (part); Ord. No. 22-02, § 2(Att. A.6), 9-6-22)

A.

A use in the OS district is permitted with or without a permit as provided in Schedule 17.11.3 entitled "OS District—Land Use Regulations." In that schedule, a use classification followed by the letter "P" is a use that is permitted by right and does not require a use permit. A use classification followed by the letter "L" is a permitted use that is subject to certain limitations as described. A use classification followed by the letter "U" is a use authorized in the OS district on approval of a use permit. Definitions of use appear in Chapter 17.2 of this title.

B.

Prohibition of Specified Uses.

1.

Commercial Marijuana Land Uses. Commercial marijuana land uses are a prohibited use in the OS district.

2.

Outdoor Marijuana Cultivation. The outdoor cultivation of marijuana is a prohibited use in the OS district.

(Ord. 99-5 § 2 (Exh. A (part); Ord. No. 17-05, § 2(Att. A), 9-5-17)

All regulations governing the development of single-family homes in the RVL district shall apply.

(Ord. 99-5 § 2 (Exh. A (part))

Chapter 17.12 - PLANNED DEVELOPMENT DISTRICT

Sections:

The specific purposes of the PD planned development district are to:

A.

Establish a procedure for the development of large parcels of land in both residential areas and downtown in order to reduce or eliminate the rigidity, delay and inequity that otherwise would result from application of zoning standards and procedures designed primarily for small parcels;

B.

Ensure orderly and thorough planning and review procedures that will result in quality design and the creation, improvement and preservation of common open space;

C.

Encourage design variety and avoid monotony in large developments by allowing greater freedom in selecting the means to provide access, light, open space and amenity;

D.

Provide for flexibility, consistent with the general plan, in the application of certain land use and development regulations found in base districts, such as minimum lot size, lot width or depth, and building setbacks or heights, to take advantage of unique land use or site characteristics and to preserve unique or significant environmental features, including viewsheds, undisturbed hillsides and ridgelines and wildlife habitat;

E.

Encourage the preservation of serviceable existing structures of historic value or artistic merit by providing the opportunity to use them imaginatively for purposes other than that for which they were originally intended;

F.

Provide for the protection of the public health, safety and welfare by allowing flexibility in site design and improvement to either avoid or remedy areas subject to hazard, including steep slopes, unstable soil conditions and lands subject to flooding;

G.

Allow for the use of the planned development zone only where there is a clear, defined benefit to the citizens of Orinda when contrasted with development options of a different base zone for the subject property. The planned development zone shall not be used as a means to enhance development potential of lands which otherwise may not be able to be developed.

(Ord. 99-5 § 2 (Exh. A (part))

An amendment to reclassify property in a residential or downtown zone to PD may be initiated by a property owner(s) or qualified applicant, the Planning Commission or the City Council. A map showing the extent of ownership must be submitted with the required concept plans and materials. A PD district is indicated on the zoning map by the designation "PD," numbered and identified sequentially by order of enactment and reference to the enacting ordinance.

(Ord. 99-5 § 2 (Exh. A (part))

A.

No use other than an existing use is permitted in a PD district except in accord with an approved PD plan. A permitted or conditional use may be included in an approved PD plan only if found consistent with the general plan.

B.

Prohibition of Specified Uses.

1.

Commercial Marijuana Land Uses. Commercial marijuana land uses are a prohibited use in the PD district.

2.

Outdoor Marijuana Cultivation. The outdoor cultivation of marijuana is a prohibited use in the PD district.

(Ord. 99-5 § 2 (Exh. A (part); Ord. No. 17-05, § 2(Att. A), 9-5-17)

17.12.4 - Development Regulations.

A.

Minimum Area. The minimum area of a PD district for residential development shall be four acres. PD districts in the downtown area shall be at least one acre. However, a PD district may be subdivided in accord with a PD plan or specific plan. PD districts may be less than the required minimum sizes stated above only upon a finding by the City Council that there is unique character to the specific site, the proposed land use or the existing or proposed improvements.

B.

Residential Density. The total number of dwelling units in a residential PD plan may not exceed the permitted general plan density for the total area of parcels which are the subject of the PD application.

C.

Other Development Regulations. All other development regulations prescribed by this title apply, except as may be approved or modified by an approved PD plan.

(Ord. 99-5 § 2 (Exh. A (part))

In addition to the plans and materials required to accompany an application for a zoning map amendment, an application for rezoning to a PD district shall include a PD plan incorporating the following items:

A.

A map showing proposed district boundaries and the approximate relationship of the district to uses and structures within a three hundred (300) foot radius of the district boundaries;

B.

A map and/or aerial photo of the proposed district extending one hundred (100) feet beyond its boundary showing sufficient topographic detail to clearly indicate the character of the terrain; ridgelines and creeks; the type, location and condition of mature trees (of six inch diameter or greater) and other natural vegetation; and the location of existing development, including structures and roads;

C.

Plans and information which clearly and accurately respond to the following required information:

1.

Gross and net acreages of all proposed lots, square footage totals of all proposed structural development, and residential density computations calculated pursuant to the slope density formula in Chapter 17.7 of this title;

2.

Location of all proposed building footprints and setbacks to proposed property lines;

3.

Location of all proposed roads, driveways, parking areas and related improvements;

4.

Extent and nature of grading, including estimates of earth cuts and fills and proposed retaining walls, if any;

5.

Drainage plan showing how water will drain from site to existing or proposed drainage courses or pipes;

6.

Landscape plan, including proposed species, sizes and numbers of plants, general planting locations and irrigation/maintenance methods;

7.

Detailed architectural renderings of all proposed buildings and other site improvements, including exterior elevations, building heights, relationships to existing and proposed grades, floor plans, roof plans, building cross-sections, building color and materials board, and other plans as deemed necessary by the city to ensure adequate review of project components;

8.

The proposed location and capacity of major components of sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the specific plan;

9.

Title report for the subject property, issued within six months of application submittal;

10.

Soils/geotechnical report which addresses site conditions, proposed site improvements and mitigations which may be necessary to support proposed site development. (The report may be subject to peer review by a geotechnical engineering subconsultant to the city prior to submittal of a PD application, as determined by the City Engineer);

11.

Phasing plan which indicates precise timing of phased development, if any, for development of all plan components;

12.

Financial analysis which provides detailed costs of the proposed development, including site preparation, and assesses fiscal impacts, both immediate and future, to the city and service providers, consistent with any phased development plans;

13.

Any other information which the city deems necessary to fully address and analyze the proposed plan.

D.

A three-dimensional model of the proposed development, delineating buildings, open space and internal circulation.

(Ord. 99-5 § 2 Exh. A (part))

17.12.6 - Review and approval of a PD plan and rezoning.

A.

General Procedures and Requirement Findings. A PD plan shall be processed at the same time as consideration of the application for reclassification to a PD district. The Planning Commission shall consider a proposed PD plan and rezoning at a noticed public hearing and provide the City Council with a recommendation on the proposed plan and rezoning application.

B.

Following Planning Commission review, the City Council shall consider the PD plan and rezoning at a noticed public hearing.

C.

Reclassifying land to a PD district must include a resolution either approving or conditionally approving a PD plan, and findings that:

1.

The PD plan is consistent with the specific purposes of this chapter, the general plan and other applicable policies, and is compatible with surrounding development;

2.

The PD plan will enhance the potential for superior community design and environmental protection of significant or unique site features in comparison with the development under the base district regulations that would apply if the plan were not approved;

3.

Deviations from the base district regulations that otherwise would apply are justified by compensating benefits of the PD plan;

4.

The PD plan includes adequate provisions for utilities services;

5.

Protection of the public health, safety and general welfare; and

6.

Public service demands will not exceed the capacity of existing and planned systems;

No net negative costs to the city and public service providers will result from the development.

D.

In approving a PD plan, the Planning Commission has the authority to recommend and the City Council establish standards and conditions which are necessary to ensure consistency with these findings and the stated purpose of the PD district. The City Council may also enlist the assistance of the Parks and Recreation Commission in considering the plan prior to City Council action. If an approved PD plan does not contain sufficient detail to allow for subsequent project construction or site improvements without further discretionary review, the approved PD plan shall identify what additional discretionary review(s) are necessary.

E.

PD Plan Effective Date and Expiration. A PD plan is effective within thirty (30) days of the ordinance creating the PD district for which it was approved. The City Council may impose a date and terms upon which a PD plan will expire, although establishment of expiration dates and terms is not required. An approved PD plan may specify a development staging or phasing program. Expiration of a PD Plan voids the PD district and causes the property to revert to the zoning map designation preceding the amendment to the PD district or to a zoning designation approved by the City Council, consistent with the general plan land use designation for the project site.

(Ord. 99-5 § Exh. (part))

17.12.7 - Status of PD plan.

A.

Where an expiration period has been established for a PD plan, the plan shall expire on the specified date unless a building permit has been issued for a significant component or element of the PD plan infrastructure construction or site grading diligently pursued, or evidence of investment of substantial funds provided by the PD plan developer to the city.

B.

If an expiration date has been established for a PD plan, the City Council may extend the effective period of a PD plan for one time or up to two years as specified in the decision or renewal, if it finds the renewal consistent with the purposes of this chapter. An application for renewal shall be made in writing to the Planning Director not less than thirty (30) days prior to expiration.

(Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part))

An amendment to an adopted PD plan is initiated in the same manner as an application for a zoning map amendment and shall be subject to the same review and public hearing provisions for new PD plans as

outlined in this chapter, unless specific provisions are made in the original PD plan allowing for Planning Director or Planning Commission consideration of minor plan amendments.

(Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part))

Chapter 17.13 - SPECIFIC PLAN DISTRICT

Sections:

The specific purposes of the SP specific plan district are to:

A.

Establish a procedure for the development of sites: (1) where a specific plan is required by the general plan, consistent with Government Code Section 65450 et seq.; and (2) where specific planning solutions, development controls and public actions are required;

B.

Provide for flexibility, consistent with the general plan, in the application of certain land use designation and development regulations found in base districts to take advantage of environmental characteristics of the site;

C.

Encourage the creation, improvement and maintenance of public open space in specific plan areas.

(Ord. 99-5 § 2 (Exh. A (part))

17.13.2 - Applicability and zoning map designator.

An amendment to reclassify property to an SP district may be initiated by a property owner(s), qualified applicant, the Planning Commission or the City Council. A map showing the extent of ownerships must be submitted with the application. An SP district is indicated on the zoning map by the designation "SP" followed by the number of the enacting ordinance.

(Ord. 99-5 § 2 (Exh. A (part))

A.

No use other than an existing use on a preexisting parcel is permitted in an SP district except in accord with an adopted specific plan. A permitted or conditional use may be included in an adopted specific plan only if found, consistent with the general plan.

B.

Prohibition of Specified Uses.

1.

Commercial Marijuana Land Uses. Commercial marijuana land uses are a prohibited use in an SP district.

2.

Outdoor Marijuana Cultivation. The outdoor cultivation of marijuana is a prohibited use in an SP district.

(Ord. 99-5 § 2 (Exh. A (part); Ord. No. 17-05, § 2(Att. A), 9-5-17)

A.

Minimum Area. The minimum area of an SP district shall be ten acres. However, an SP district may be subdivided in accord with an adopted specific plan. An SP district may be less than the required minimum size stated above only upon a finding by the City Council that there is a unique character to the site, the proposed land use, or the existing or proposed improvements.

B.

Residential Density. The total number of dwelling units in an SP plan may not exceed the permitted general plan density for the total area of parcels which are the subject of the specific plan. The density bonus provisions of Section 17.4.32 apply.

C.

Other Development Regulations. All other development regulations prescribed by this title apply, except as may be approved or modified by the Specific Plan.

(Ord. 99-5 § 2 (Exh. A (part))

In addition to the plans and materials required to accompany an application for a zoning map amendment, an application for rezoning to an SP district must include a specific plan incorporating such information, drawings, exhibits, reports, and supporting data necessary to describe the plan, including the following items:

A.

A statement of the relationship between the proposed specific plan and the general plan, demonstrating that the proposed specific plan conforms to and is consistent with the general plan.

B.

Plans and information which clearly and accurately respond to the following required information:

Gross and net acreages of all proposed lots, square footage totals of all proposed structural development, and residential density computations calculated pursuant to the slope density formula in Chapter 17.7 of this title;

2.

Location of all proposed building footprints and setbacks to proposed property lines;

3.

Location of all proposed roads, driveways, parking areas and related improvements;

4.

Extent and nature of grading, including estimates of earth cuts and fills and proposed retaining walls, if any;

5.

Drainage plan showing how water will drain from site to existing or proposed drainage courses or pipes;

6.

Landscape plan, including proposed species, sizes and numbers of plants, general planting locations, and irrigation/maintenance methods;

7.

Detailed architectural renderings of all proposed buildings and other site improvements, including exterior elevations, building heights, relationships to existing and proposed grades, floor plans, roof plans, building cross-sections, building color and materials board, and other plans as deemed necessary by the city to ensure adequate review of project components;

8.

The proposed location, and capacity of major components of sewage, water, drainage, solid waste disposal, energy and other essential facilities proposed to be located within the area covered by the specific plan;

9.

Title report for the subject property, issued within six months of application submittal;

10.

Soils/geotechnical report which addresses site conditions, proposed site improvements and mitigations which may be necessary to support proposed site development. (The report may be subject to peer review by a geotechnical engineering subconsultant to the city prior to submittal of a PD application, as determined by the City Engineer);

11.

Phasing plan which indicates precise timing of phased development, if any, for development of all plan components;

12.

Financial analysis which provides detailed costs of the proposed development, including site preparation, and assesses fiscal impacts, both immediate and future, to the city and service providers, consistent with any phased development plans;

13.

Any other information which the city deems necessary to fully address and analyze the proposed plan.

C.

An open space plan, indicating existing vegetation and proposed planting areas, types and sizes of plant materials and design of walkways, trails, recreation areas, paved areas, benches, water features, and lighting, plus use of open space areas.

D.

The proposed location, and capacity of major components of sewage, water, drainage, solid waste disposal, energy and other essential facilities proposed to be located within the area covered by the specific plan.

E.

Standards for the conservation, development and utilization of natural resources, where applicable.

(Ord. 99-5 § 2 (Exh. A (part))

17.13.6 - Review and approval of SP plan and rezoning.

A.

General Procedures. A specific plan shall be processed at the same time as consideration of the application for reclassification to an SP district. The Planning Commission shall consider the specific plan and rezoning at a noticed public hearing and provide the City Council with a recommendation on the proposed plan and rezoning.

B.

Following Planning Commission review, the City Council shall consider the SP plan and rezoning at a public hearing.

C.

Public hearings shall be noticed as provided for in Chapter 17.42 of this title.

D.

Reclassifying land to an SP district must include a resolution either approving or conditionally approving a specific plan, and findings that the plan:

1.

Is consistent with the general plan and the terms and limitations for specific plans as prescribed in Government Code Section 65450 et seq;

2.

Specifies through text and/or diagrams, the distribution, location, and extent of the uses of land, including open space, within the area covered by the plan;

3.

Specifies through text and/or diagrams, the proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan;

4.

Specifies through text and/or diagrams, the standards and criteria by which development will proceed, and standards for the conservation, development and utilization of natural resources, where applicable;

5.

Specifies a program of implementation measures including regulations, programs, public works projects, and phasing and financing measures necessary to carry out Findings (2), (3) and (4) (subsections (D)(2), (D) (3) and (D)(4) of this section) without net fiscal loss or impact to the city or public service agencies; and

6.

The specific plan addresses any other subjects which are necessary for implementation of the general plan.

E.

In approving a specific plan, the Planning Commission has the authority to recommend and the City Council establish standards and conditions which are necessary to ensure consistency with these findings and the stated purpose of the SP district. The City Council may also enlist the assistance of the Parks and Recreation Commission in considering the plan prior to City Council action. If an approved specific plan does not contain sufficient detail to allow for subsequent project construction or site improvements without further discretionary review, the approved specific plan shall identify what additional discretionary review(s) are necessary.

(Ord. 99-5 § 2 (Exh. A (part))

A specific plan adopted by resolution of the City Council is administered and amended as prescribed by the City Council, consistent with the Government Code Sections 65450 et seq.

(Ord. 99-6 § 2 (Exh. A (part))

Residential development projects, including any subdivision or land use district change, that are consistent with a specific plan for which an environmental impact report has been certified after January 1, 1980, are exempt from the requirements of the California Environmental Quality Act (CEQA); provided, they meet the criteria for exemption specified in Section 65457 of the California Government Code. This section does not supersede but provides an alternative procedure to Section 21080.7 of the California Public Resources Code.

(Ord. 99-5 § 2 (Exh. A (part))

A.

The City Council shall by resolution establish and from time to time amend a schedule of fees imposed for the adoption and amendment of any specific plan. The City Council, after adopting a specific plan, may impose a specific plan fee upon persons seeking governmental approvals which are required to be consistent with the specific plan. The fees shall be established by resolution so that, in the aggregate, they defray, but as estimated do not exceed, the cost of preparation, adoption and administration the specific plan, including costs incurred pursuant to Division 13 (commencing with Section 21000) of the California Public Resources Code.

B.

Copies of specific plans shall be made available to local agencies and the general public. The city may charge a fee for a copy of a specific plan or amendments to a specific plan in an amount that is reasonably related to the cost of providing that document.

(Ord. 99-5 § 2 (Exh. A (part))

Chapter 17.15 - DEVELOPMENT STANDARDS FOR ALL USES

Sections:

The development standards set forth in this chapter apply to every use classification in every zoning district unless otherwise specifically provided. The Zoning Administrator may require evidence of ability to comply with development standards before issuing an entitlement.

(Ord. 99-5 § 2 Exh. A (part))

A.

Air Contaminants. Every use must comply with rules, regulations and standards of the Bay Area Air Quality Management District (BAAQMD). An applicant for a zoning approval or a use, activity or process requiring BAAQMD approval of a permit to construct, must file a copy of the BAAQMD permit with the Zoning Administrator. An applicant for a use, activity or process that requires BAAQMD approval of a permit to operate must file a copy of such permit with the Zoning Administrator within thirty (30) days of BAAQMD approval.

B.

Hazardous Materials, Combustibles and Explosives. Any use involving handling and storage of hazardous materials, combustibles and explosives that is subject to a permit under the fire code as adopted by the city, the County Hazardous Waste Management Plan (HWMP) or state law. In addition to the provisions contained within the County HWMP, the city adopts the following additional siting requirements for all hazardous waste facilities:

1.

Any application to establish a hazardous waste facility shall require an amendment to the Orinda general plan text and map to establish a land use designation which allows for such a facility; and

2.

A hazardous waste facility may not be located in an area which may adversely impact a drinking water reservoir, either directly or indirectly.

C.

Glare.

1.

From Glass. Mirror or highly reflective glass may not cover more than twenty (20) percent of a building surface visible from a street unless an applicant submits information demonstrating to the satisfaction of the Zoning Administrator that use of such glass will not significantly increase glare visible from an adjacent street and property or pose a hazard for moving vehicles.

2.

From Outdoor Lighting. Parking lot lighting must comply with Chapter 17.16 of this title. Security lighting may be indirect or diffused, or be shielded or directed away from an R district within one hundred (100) feet. Lighting for outdoor court or field games within three hundred (300) feet of an R district or Scenic Corridor requires approval of a use permit, processed in accordance with provisions of this title.

Table 17.15.2

Maximum Noise Standards By Zoning District

1 (Ldn is a measurement of day/night noise equivalent)

1.

Duration and Timing. The noise standards above shall be modified as follows to account for the effects of time and duration on the impact of noise levels:

a.

In R districts, the noise standard shall be five dB lower between ten p.m. and seven a.m.

b.

Noise that is produced for no more than a cumulative period of five minutes in any hour may exceed the standards above by five dB.

c.

Noise that is produced for no more than a cumulative period of one minute in any hour may exceed the standards above by ten dB.

2.

Zoning Administrator May Require Acoustic Study. The Zoning Administrator may require an acoustical study, prepared at the expense of an applicant or property owner, for any proposed project which could have, or create, a noise exposure greater than that deemed in conflict with the above standards. Complaints alleging project violation of noise standards shall be accompanied by a detailed account of the nature of the violation, including an assessment of the extent to which noise standards have been exceeded. An acoustical study and necessary noise-level mitigation shall be required for new multifamily residential or single-family residential projects involving four or more units, or commercial development (new construction involving at least five thousand (5,000) gross square feet) proposed within three hundred (300) feet of State Route 24 or adjacent to major arterials where project noise contours are sixty (60) dBA (Ldn) or more, consistent with the noise element of the general plan.

3.

Noise Measurement. Noise shall be measured at an appropriate distance from the source, sufficient to identify noise characteristics of the noise source and to determine compliance with the noise standards of this section, with a sound level meter, which meets the standards of the American National Standards Institute (ANSI Section S1.4-1979, Type 1 or Type 2). Noise levels shall be measured in decibels. The unit of measurement shall be designated as dB, weighted to an Ldn equivalent. A calibration check shall be made of the instrument at the time any noise measurement is made.

4.

Noise Attenuation Measures. The Zoning Administrator may require the incorporation into a project of any noise attenuation measures deemed necessary to ensure that noise standards are not exceeded.

5.

Appeals. Decisions of the Zoning Administrator concerning noise may be appealed to the Planning Commission in accord with Chapter 17.43.

D.

Swimming Pool Discharges. It is unlawful to discharge chemically treated water from a swimming pool to the storm drainage system or a watercourse unless all chemicals (including but not limited to chlorine and bromine) are undetectable before discharge occurs. Where practicable, swimming pool discharges shall be dispersed by approved infiltration methods into landscaped areas, lawns, soil, or other permeable surfaces so as not to create surface runoff or disposed of through the sanitary sewer system so long as a permit has been obtained for such disposal from the Central Contra Costa Sanitary District.

E.

Water Pollution. A person may not discharge and no use may result in the discharge of liquids of any kind into a public or private sewage system, watercourse, body of water, or the ground, except in compliance with applicable law and regulations (including National Pollutant Discharge and Elimination System requirements of Contra Costa County, and California Regional Water Quality Control Board, California Code of Regulations, Title 23, Chapter 3 and California Water Code, Division 7).

(Ord. 04-08 § 4; Ord. 04-03 § 4 (part); Ord. 99-5 § 2 Exh. A (part))

17.15.3 - Fences and retaining walls.

A.

General. Fences and retaining walls are permitted in every district and are allowed in conjunction with specific uses as provided in this section.

B.

Maximum Height. The height of a fence or retaining wall is measured from the point at which the fence posts, wall pilasters or wall footing intersects the ground on the lowest side of the wall or fence to the top

of the wall or fence directly above. Where a fence is built on top of a retaining wall, the fence height is measured from the point that the ground is retained by the wall. The maximum fence or retaining wall height in a required yard or setback area is as follows:

1.

R Districts. As regulated within Chapter 17.4 of this title.

2.

D Districts. The maximum height is six feet, except within the front yard, where it is three feet.

(Ord. 99-5 § 2 Exh. A (part))

17.15.4 - Height limitation at intersections.

Refer to following graphic entitled "Section 17.15.4 Graphic, Minimum Clearance Guidelines."

Section 17.15.4 Graphic

MINIMUM CLEARANCE GUIDELINES

==> picture [480 x 543] intentionally omitted <==

(Ord. 99-5 § 2 Exh. A (part))

No new development, including construction of accessory structures or building or structure repairs, shall be allowed which results in or otherwise perpetuates a structure's crossing one or more lot lines, unless a variance is obtained from the Planning Commission pursuant to the provision of Chapter 17.33 or unless the lots in question are first voluntarily merged by the property owner. If a variance is approved, a deed restriction shall be recorded which requires removal of the structure(s) in question or approval of a lot line

adjustment to correct the encroachment prior to sale of one lot separate from the other of the property. All development shall otherwise be required to adhere to the standards of the applicable zone.

(Ord. 02-03 § 15: Ord. 00-2 § 8; Ord. 99-5 § 2 Exh. A (part))

Chapter 17.16 - OFF-STREET PARKING AND LOADING

In addition to the general purposes listed in Chapter 17.1, Purpose and Organization, the specific purposes of the off-street parking and loading regulations are to:

A.

Ensure that off-street parking—and loading facilities, where appropriate—are provided for new land uses and for major alterations and enlargements of existing uses in proportion to the need for such facilities created by each use and change;

B.

Establish parking standards for land uses consistent with the need and feasibility of providing parking on specific sites;

C.

Ensure that residential off-street parking is designed to be compatible with the semi-rural character of residential Orinda and to protect public safety and general welfare;

D.

Ensure that commercial and institutional off-street parking and loading facilities are designed in a manner that will ensure efficiency, protect the public safety, enhance the "village character" of downtown Orinda by providing adequate parking and convenient access to parking facilities, and, where appropriate, insulate surrounding land uses from adverse impacts.

(Ord. 99-5 § 2 Exh. A (part))

17.16.2 - Basic requirements for single-family residences.

A.

General. At least two enclosed and two unenclosed paved parking spaces outside of the right-of-way which comply with Section 17.16.8 shall be provided for each new single-family residence.

B.

Alterations to Existing Single-family Residences. When the number of bedrooms of an existing singlefamily residence with nonconforming parking is proposed to be increased, or another change is proposed which may increase the need for parking, such as a home occupation, the requirements of subsection A of

this section shall be met. The determination that a proposed room is intended or planned for use as a bedroom shall be based on factors which may include but are not limited to the following:

1.

Proximity of a full bath;

2.

Proximity of other bedrooms;

3.

Internal circulation patterns;

4.

Size or configuration, or both, of the room;

Closet space;

Location and function of doors;

7.

Privacy.

(Ord. 02-03 § 16; Ord. 99-5 § 2 Exh. A (part))

17.16.3 - Basic requirements for multifamily, institutional and commercial off-street parking and loading.

A.

When Required. When a new building is proposed in a downtown zoning district, a major alteration is proposed for an existing building in a downtown zoning district, a new multifamily building is proposed, or the alteration of an existing multifamily building is proposed, off-street parking and loading facilities which are adequate to meet the increased need for parking shall be provided. In addition, when a change in the use of an existing building will increase the need for parking, off-street parking facilities and off-street loading facilities shall be provided as required by this chapter. For purposes of this chapter, "major alteration" is any physical change which will affect parking and loading. A change in occupancy is not a change of use unless the new occupant is considered to be in a use classification different from that of the former occupant. Variances from parking requirements must comply with section 17.33.2.

B.

Nonconforming Parking or Loading. No existing use of land or structure shall be required to conform to this chapter solely because of the lack of off-street parking or loading facilities required by this chapter;

provided, that facilities being used for off-street parking and loading as of February 1, 2000, shall not be reduced.

C.

Spaces Required for Multiple Uses. Except as otherwise provided in this title, if more than one use is located on a site, the number of off-street parking spaces and loading berths to be provided shall be equal to the sum of the requirements prescribed for each use. This requirement applies not only to multiple uses under separate ownership but also to multiple uses in the same ownership. If the gross floor area of individual uses on the same site is less than that for which a loading berth would be required, but the aggregate gross floor area of all uses is greater than the minimum for which loading berths would be required, the aggregate gross floor area shall be used in determining the required number of loading berths.

D.

Joint Use. Except as otherwise provided in this title, off-street parking and loading facilities required by this chapter for any use shall not be considered as providing parking spaces or loading berths for any other use.

E.

Location and Ownership. Subject to approval of the Zoning Administrator, or, if a use permit is required, the Planning Commission, parking for commercial, group residential and residential care facilities may be located on a different site under the same or different ownership within a reasonable distance of the building served.

F.

Changes Require Prior Approval. No use shall be continued if the number of required parking spaces is diminished unless substitute parking facilities are provided to the satisfaction of the Zoning Administrator prior to the change.

G.

Common Loading Facilities. The off-street loading facilities requirements of this chapter may be satisfied by the permanent allocation of the prescribed number of berths for each use in a common truck loading facility; provided, that the total number of berths shall not be less than the sum of the individual requirements and that no joint use conflicts would arise for either use.

H.

Computation of Spaces Required. If, in the application of the requirements of this chapter, a fractional number greater than one-half is obtained, one additional parking space or loading berth shall be required.

I.

Use of Parking Facilities.

A parking space may not be used for any purpose other than the temporary location of a vehicle.

2.

No overnight parking is allowed for recreation vehicles, trucks (other than small pickup trucks), or other equipment, unless specifically permitted by other provisions of this title.

(Ord. 02-03 § 17; Ord. 99-5 § 2 Exh. A (part); Ord. No. 20-01, § 2(Att. A), 1-21-20)

17.16.4 - Off-street parking and loading spaces required.

A.

Off-street parking and loading spaces shall be provided in accord with Schedule 17.16.4A entitled "OffStreet Parking and Loading Spaces Required." For off-street loading, references are to Schedule 17.16.4B, which sets space requirements and standards for different groups of use classifications and sizes of buildings. References to spaces per square foot are to be computed on the basis of gross floor area unless otherwise specified, and shall include allocations of shared restroom, halls and lobby area, and mechanical equipment or maintenance areas, but shall exclude area for vertical circulation, stairs or elevators.

B.

Where the use is undetermined, or not specified herein, the Zoning Administrator shall determine the probable use and the number of parking and loading spaces required. The Zoning Administrator's determination will generally be based on the analysis of an independent consultant. In order to make this determination, the Zoning Administrator may require the submission of survey or other data from the applicant or have data collected at the applicant's expense.

Schedule 17.16.4A

Off-street Parking and Loading Spaces Required

Schedule 17.16.4B Off-Street Loading Spaces

• VC = Vertical Clearance

C.

Variances from parking requirements must comply with section 17.33.2.

(Ord. 02-03 § 18; Ord. 99-5 § 2 Exh. A (part); Ord. No. 10-11, § 4, 12-21-10; Ord. No. 14-04, § 2(exh. A), 5- 20-14; Ord. No. 17-03; § 2(Att. A), 8-1-17; Ord. No. 20-01, § 2(Att. A), 1-21-20)

Editor's note— Ord. No. 20-01, § 2(Att. A), adopted Jan. 21, 2020, deleted § 17.16.5 entitled "Change of use in existing buildings," which derived from Ord. 99-5 § 2 Exh. A (part).

A.

Where Required. Bicycle parking spaces shall be provided as required by this section. Bicycle parking shall be in addition to automobile parking spaces.

B.

Number Required.

1.

Public and Semi-Public Use Classifications. As specified by use permit.

2.

Commercial Use Classifications. Five percent of the requirement for automobile parking spaces, or as required by use permit.

C.

Design and Location Requirements. For each bicycle parking space required, a stationary object shall be provided to which a user can secure both wheels and the frame of a bicycle with a user-provided six-foot cable and lock. The stationary object may be either a freestanding bicycle rack or a wall-mounted bracket. Bicycle parking shall be provided in a manner which does not interfere with pedestrian or vehicular circulation, yet be located in such a manner as to encourage the use of bicycle riders by convenient proximity, such as to the use of near an entry to the building or facility. Such parking may be located on the public right-of-way subject to issuance of an encroachment permit.

(Ord. 99-5 § 2 Exh. A (part))

Required parking spaces shall have the following minimum dimensions:

(Ord. 02-03 § 19: Ord. 99-5 § 2 Exh. A (part))

A.

Space Limitations. All required residential spaces and at least sixty (60) percent of guest spaces shall be large-car spaces. Up to thirty-five (35) percent of the required nonresidential parking spaces for employees and all spaces exceeding minimum number of parking spaces required may be for small cars.

B.

Relation to Aisles.

1.

Each parking space adjoining a wall, column, or other obstruction higher than 0.5 feet shall be increased by one foot on each obstructed side; provided, that the increase may be reduced by 0.25 feet for each one foot of unobstructed distance from the edge of a required aisle, measured parallel to the depth of the parking space.

2.

At the end of a parking bay, an aisle providing access to a parking space perpendicular to the aisle shall extend two feet beyond the required width of the parking space. Alternatively, a five-foot deep turnaround space shall be provided.

C.

Vertical Clearance. Vertical clearance for parking spaces shall be seven feet. For residential uses, nonstructural improvements including wall-mounted shelves, storage surface racks or cabinets may encroach into the vertical clearance; provided, a minimum 4.5 feet vertical clearance is maintained above the finished floor of the garage within the front five feet of a parking space.

D.

Wheel Stops. All spaces other than those serving a single-family home shall have wheel stops 2.5 feet from a fence, wall or walkway. When no pedestrian passage through the parking stalls is possible, the wheel stop shall be a continuous six inch concrete curb. When a parking space abuts a landscaped planter, the front two feet of the required length for a parking space may overhang the planter.

E.

Cross Slopes. No parking space shall have a cross slope greater than four percent.

(Ord. 99-5 § 2 Exh. A (part))

17.16.9 - Parking configuration and aisle dimensions.

Each parking space shall be independently accessible to aisles and driveways.

(Ord. 99-5 § 2 Exh. A (part))

Off-street parking shall generally be located so as to be more convenient and accessible than on-street parking with respect to entrances of buildings and pedestrian circulation on the site served.

(Ord. 99-5 § 2 Exh. A (part))

17.16.11 - Driveway widths, clearances and materials.

A.

Driveways shall have the following minimum widths at the gutterline, plus a minimum of one foot additional clearance on each side of a vertical obstruction exceeding 0.5 foot in height:

1.

Ten or fewer spaces: twelve (12) feet;

Eleven (11) or more spaces: fourteen (14) feet (one-way); twenty-five (25) feet (two-way).

B.

The Zoning Administrator may require driveways in excess of the above widths where unusual traffic, grade or site conditions prevail. The Zoning Administrator also may approve narrower driveways to accommodate pre-existing conditions and allow for adaptive reuse of older structures. Finally, the Zoning Administrator may require driveways to be constructed with full curb returns and handicapped ramps as opposed to simple curb depression and that driveways shall be maintained with all-weather, dust-free surfacing.

(Ord. 99-5 § 2 Exh. A (part))

Visibility of a driveway crossing a street property line shall not be blocked between a height of three feet and nine feet for a depth of five feet from the street property line as viewed from the edge of the right-ofway on either side of the driveway at a distance of fifty (50) feet, or at the nearest property line intersecting the street property line, whichever is less.

(Ord. 99-5 § 2 Exh. A (part))

17.16.13 - Parking area screening—Walls and fences.

A.

An unenclosed parking area for five or more cars serving a nonresidential use shall be screened from an adjoining R district or a ground-floor residential use by a solid wall or fence six feet in height, except that the height of a wall or fence adjoining a required front yard in an R district shall be four feet. A carport or open parking area for five or more cars serving a residential use shall be screened from an adjoining lot in an R district or a ground-floor residential use by a solid wall or fence six feet in height, except that the height of a wall or fence adjoining a required front yard in an R district shall be four feet.

B.

Where the parking area abuts a street separating the area from property classified for residential use, an architectural screen wall or fence, landscaped berm or hedge not less than thirty-six (36) inches in height above the parking surface shall be installed and maintained to separate the parking area from the street.

C.

The Zoning Administrator may require a higher fence or wall, and a landscape buffer yard, where the parking lot would have an adverse impact on an adjacent use because of high turnover of spaces or noise due to the location of service vehicle access and loading areas.

(Ord. 99-5 § 2 Exh. A (part))

Approved outdoor lighting in a parking area shall not employ a light source higher than sixteen (16) feet, measured from final grade. Outdoor parking area lighting shall create no cone of direct illumination greater

than sixty (60) degrees from a light source higher than six feet, and shall not directly shine onto an adjacent street. Maximum illumination at ground level within parking areas shall be two footcandles and shall not exceed 0.5 footcandles in an R district.

(Ord. 99-5 § 2 Exh. A (part))

Parking lots shall have paving, drainage, wheel stops, lighting, space marking and directional signs, which shall be subject to approval of the Zoning Administrator or, if the use is subject to a use permit, the Planning Commission. In reviewing the design of parking structures, the Zoning Administrator or the Planning Commission, as the case may be, shall consider the compatibility of the design with adjacent buildings or uses and conformance with the downtown design guidelines for uses in the downtown area.

(Ord. 99-5 § 2 Exh. A (part))

Prior to the construction of an off-street parking area (or issuance of a grading or building permit) for a nonresidential use or a multifamily dwelling, a plan shall be submitted to the Planning Director for the purpose of indicating compliance with the provisions of this chapter. This plan shall include:

A.

The location and placement of required landscaped areas, including a computation of the required area;

B.

A planting plan including a list of plants by name and size keyed to their location on the parking area;

C.

Location and description of fencing and architectural screen walls, including use of construction materials and colors or finishes;

D.

Layout and method of irrigation of landscaped areas;

E.

Location and placement of parking stalls, including bumpers, striping and circulation, and directional signs, all dimensions to permit comparison with approved parking standards;

F.

Location and placement of lights provided to illuminate the parking area;

G.

Method of drainage.

(Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part))

Chapter 17.17 - LANDSCAPING[[1]]

Sections:

Footnotes:

--- ( 1 ) ---

Editor's note— Prior ordinance history: Ords. 99-5 and 02-03.

Each application for construction of a new residential or commercial structure must include a landscape plan and/or compliance with the model water efficiency landscape ordinance (MWELO) as described in this chapter. Each application for an addition or a remodel of a residential or commercial structure must include a landscape plan as described in this chapter, when the proposed addition or remodel will have a significant effect on existing landscaping. In addition, as a condition of approval of any permit or design review required under this title, a landscaping plan may be required. In all cases, riparian landscape restoration shall be required if the subject property includes or is bordered by a watercourse as defined in Title 18 of this code. No fence may be constructed in the front yard or a side yard with street frontage without landscape plan approval when landscaping is required under Subsection 17.4.27(B)(1) of this title.

(Ord. 04-08 § 5 Exh. C (part); Ord. No. 23-02, § 1(Att. A), 5-2-23)

No certificate of occupancy shall be issued until the installation of required landscaping and irrigation and restoration of the riparian corridor, if applicable, have been completed and a certificate of compliance under Chapter 18.03 of this code has been obtained. In cases of substantial, documented hardship, a certificate of occupancy may be issued prior to installation completion if the property owner provides a cash deposit in a form and on such reasonable terms as are acceptable to the Zoning Administrator as security for the completion of the work.

(Ord. 04-08 § 5 Exh. C (part))

A.

Landscape Plan. A landscape plan must be prepared by a landscape designer, a licensed landscape architect or other qualified person. The plan must include a description of all existing trees, including species, height, diameter and condition, and showing how applicable site landscaping or planting area requirements will be met.

B.

Landscape Maintenance. Elements of an approved landscaping plan which are: (1) street trees; or (2) intended to mitigate off-site impacts of construction shall be permanently maintained.

C.

Landscape Limitations. Landscape material may not be located such that, at maturity:

1.

It interferes with safe distances for vehicular, bicycle or pedestrian traffic;

2.

It conflicts with overhead utility lines, overhead lights or walkway lights;

3.

It blocks pedestrian or bicycle ways; or

4.

It interferes with the free flow of stormwater drainage.

D.

Riparian Restoration. When a landscape plan is required for a property on which or along which a

watercourse is located the landscape plan shall also provide appropriate native riparian vegetation and other improvements in compliance with Chapter 18.04 of this code.

E.

Fire Safety. All planted material must conform to the fire-safe vegetation list in the City of Orinda Landscape Guidelines.

F.

Drought-Tolerant Turf. The combined turf and water area (e.g., pools, ponds and fountains) shall not exceed twenty-five (25) percent of the total irrigated area except where drought-tolerant turf grass is used. Parks, golf courses and recreation areas are exempt from this limit.

G.

Compliance with Other Requirements. The landscape plan and riparian restoration plan shall comply with any other requirements or guidelines of the city, including, as applicable, the hillside and ridgeline design guidelines, and downtown design guidelines.

(Ord. 04-08 § 5 Exh. C (part))

A.

The water-efficient landscape ordinance of the City of Orinda is the State of California Model Water-Efficient Landscape Ordinance adopted by the California Department of Water Resources and set forth in Chapter 2.7 of Division 2, Title 23, of the California Code of Regulations, Sections 490 and following, including all appendices (the "MWELO"), as that MWELO may be amended from time to time, together with the definitions added below.

B.

The following definitions are added to those contained in MWELO Section 491 (Definitions).

1.

"Microspray" means a microirrigation emission device with one or more orifices to convert irrigation water pressure to water discharge with a flow rate not to exceed thirty (30) gallons per hour at the largest area of coverage available for the nozzle series when operated at thirty (30) psi. Microsprays are inclusive of microbubbers, microspinners, and microspray jets.

2.

"No-water using plant" means a plant species with water needs that are compatible with local climate and soil conditions such that regular supplemental irrigation is not required to sustain the plant after it has become established.

3.

"Swimming pool" means any structure intended for swimming, recreational bathing or wading that contains water over twenty-four (24) inches deep. This includes in-ground, above ground, and on-ground pools; hot tubs; spa and fixed in place wading pools.

(Ord. No. 23-02, § 1(Att. A), 5-2-23)

Chapter 17.18 - SIGNS[[2]]

Sections:

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 12-01, § 2, adopted Mar. 20, 2012, amended Ch. 17.18 in its entirety to read as herein set out. Former Ch. 17.18, §§ 17.18.1—17.18.19, pertained to similar subject matter, and derived from: Ord. 99-5, § 2(Exh. A(part); and Ord. No. 10-05, § 2, adopted July 20, 2010.

The purpose of this Chapter is to provide standards to safeguard life, health, property and public welfare by regulating and controlling the design, quality of materials, location, installation and maintenance of signs and sign structures. The City Council finds that signs are important to the economic life and welfare of the

City. However, when placed in improper locations and used to an excessive extent, signs may be detrimental to the public health, safety and welfare. The public interest, conservation of property values, encouragement of orderly city development, aesthetic values and protection of the public health, safety and welfare therefore require that the use of signs be regulated.

(Ord. No. 12-01, § 2, 3-20-12)

The objectives of the regulations in this Chapter are to:

A.

Reduce traffic and safety hazards through proper location and design of signs;

B.

Conveniently direct persons to various activities and enterprises in the City;

C.

Prevent uncontrolled sign competition which is costly to business and visually unattractive to the community;

D.

Enhance the appearance and economic value of the community by regulating the quantity, size, type, location, design and maintenance of signs;

E.

Encourage signs that are compatible with adjacent land uses and that preserve the semi-rural character of the City;

F.

Encourage high-quality design with a minimum of clutter;

G.

Encourage signs that are well designed and pleasing in appearance; and

H.

Provide a reasonable and constitutional system of sign control.

(Ord. No. 12-01, § 2, 3-20-12)

Area of signs or "Sign Area" means the area within a perimeter enclosing the limits of lettering, writing, representation, emblem, figure, character and lighted surface (collectively "message"), but excludes essential sign structure, foundations or supports.

Arterial streets, minor means Glorietta Boulevard, Rheem Boulevard, St. Stephens Drive, Via Las Cruces, El Nido Ranch Road, and Minor Road between Camino Pablo and Lomabardi Lane.

Arterial streets, principle means Camino Pablo and Moraga Way.

Banner means a strip of flexible material such as cloth, paper, or plastic, securely fastened to a building or a structure.

Billboard means a sign 48 square feet or larger that is oriented toward a public street or freeway.

Building frontage means an exterior primary wall of a building that faces or abuts a street (not including a freeway) or, if no exterior wall faces or abuts a street, then the exterior primary wall of a building that faces a mall, plaza, or parking lot that faces or abuts a street (not including a freeway). If no exterior wall of a building faces or abuts a street, then the exterior wall of the building containing the main entry is the building frontage.

City-maintained landscape area means an area of land that is planted and maintained by the City. These areas include but are not limited to medians, irrigated landscape areas, an area near an intersection that is planted with non-native or ornamental plants, etc.

Copy means the text, logo, or other writing on the face of a sign.

Erect means to locate, construct, attach, suspend, affix, or paint a sign.

Freestanding sign means a sign that is independently supported in a fixed location and not attached to a building, fence or structure.

Height of signs or "sign height" means the distance between the highest point of the sign (including the structure supporting the sign) and the finished grade directly below it.

Illuminated sign means a sign that is illuminated by internal or direct external lighting. Multi-tenant building means any building occupied by two (2) or more tenants.

Nonconforming sign means a sign that does not conform to this Chapter.

Off-site advertising sign means a sign that directs attention to a business, profession, commodity, service or entertainment that is conducted, sold, or offered elsewhere than the lot or parcel where the sign is located.

One-day sign means a portable temporary sign that is erected and removed on the same calendar day and is displayed for no more than 12 consecutive hours during that day. This definition includes signs displayed on consecutive calendar days, provided they are erected and removed each day. This definition excludes signs displayed continuously over consecutive calendar days.

Permanent sign means a sign that is intended and constructed to be used for an unlimited period of time.

Portable sign means a sign that is easily erected and moved by hand without the use of a shovel or other tool, and is capable of standing on its own frame without being affixed to a structure.

Projecting sign means a sign, other than a wall sign, that is suspended from or supported by a building and that either projects outward from the building at a perpendicular angle or hangs below a canopy, overhang or covered walkway at a perpendicular angle to the building.

Public right-of-way is a strip of land owned or controlled by a governmental entity over which the public has right of passage, such as streets, parkways, medians, sidewalks, easements, and driveways.

Readerboard sign means an internally illuminated sign that displays copy as moving or flashing script.

Residential lot means a lot or parcel of land located within a residential district and occupied by one (1) or more structures used for human habitation.

Sign means a writing, graphic (including colored background), pictorial representation, logo, trademark, symbol, banner, or any other figure of whatever material that is used to identify, announce, direct attention to, advertise, or communicate a message. The word "sign" includes, but is not limited to, readerboard

signs, portable signs, banners, pennants, insignia, bulletin boards, ground signs, billboards, posters, murals, illuminated signs and marquees. Sculptures, analog clocks, and seasonal decorations are not "signs" for purposes of this Chapter.

Subdivision means a group of residential lots created at the same time, as the result of a division of a single or multiple lots.

Temporary sign means a sign that is intended and constructed to be used for a limited period of time. These signs include but are not limited to, banners, flags, portable signs, and wall signs displayed for a temporary period of time.

Temporary sign, oversized means a temporary sign for which a type 1 permit is granted pursuant to Subsection 17.18.9.C allowing the sign to exceed the limit of six (6) square feet of sign area per face generally imposed under Subsection 17.18.12.D.

Type 1 permit means a sign permit reviewed as described in Subsection 17.18.11.B.

Type 2 permit means a sign permit reviewed as described in Subsection 17.18.11.C.

Wall sign means a sign that is erected, printed, painted, incorporated into, suspended from or otherwise affixed to a wall, awning, canopy, overhang, or covered walkway of a building or structure in an essentially flat position or with the exposed face of the sign in a location parallel to the plane of the wall.

Window sign means either a sign erected on a building window or a sign located indoors and within three (3) feet of a window or building opening that is visible and legible from a street or other public place.

Zoning Administrator is the Planning Director or a member of the Planning Staff appointed by the Planning Director to act as the hearing body on certain projects.

(Ord. No. 12-01, § 2, 3-20-12)

17.18.4 - General provisions.

A.

A sign that fails to comply with or violates any provision of this Chapter, or is erected or maintained contrary to the terms of a sign permit issued pursuant to this Chapter, is hereby declared to be unlawful and a public nuisance and may be abated by appropriate proceedings pursuant to Section 19.03.020 of this Code.

B.

No sign may be erected or maintained within the City unless it is exempt from the provisions of this Chapter, allowed without a permit, or permitted in accordance with this Chapter or other Chapter of this Code.

C.

This Chapter supplements and is in addition to all other applicable regulatory codes, statutes and ordinances.

(Ord. No. 12-01, § 2, 3-20-12)

17.18.5 - Exempt signs.

A.

A sign is exempt from the provisions of this Chapter if it is not visible from a street, other public place, or an adjacent property. Exempt signs include, but are not limited to, signs placed inside a structure or building that are not visible or legible through windows or building openings.

B.

Any sign erected and maintained by the City on public property or within the public right-of-way for the purpose of directing, managing or regulating traffic are exempt from the provisions of this Chapter. Such signs include, but are not limited to, street signs, traffic signals, traffic safety signs, speed limit signs, city entry/welcome signs, neighborhood identification signs, and directional signs.

(Ord. No. 12-01, § 2, 3-20-12)

The following signs are allowed without a permit in the public right-of-way, provided they comply with all applicable requirements in this Chapter, including the installation and design criteria contained in Section 17.18.12:

A.

One-day signs, including off-site advertising signs.

B.

Portable temporary signs displayed for no more than 70 consecutive days per calendar year in the locations specified in the City's adopted policy on "Approved Locations for Temporary Signs in the Public Right-of-Way." Any such sign referencing a specific event (e.g., election) shall be removed as soon as possible, but no more than ten (10) days, after the event.

(Ord. No. 12-01, § 2, 3-20-12)

The following signs are allowed without a permit, provided they are displayed with the property owner's permission, comply with all applicable requirements in this Chapter (including the installation and design criteria contained in Section 17.18.12), and do not encroach into the public right-of-way:

A.

In any zoning district, one (1) flag per lot, no larger than 15 square feet, displayed on a permanent flagpole no higher than 25 feet. For lots with multiple commercial businesses, one (1) flag is allowed for every 50 linear feet of ground floor building frontage.

B.

In any zoning district, on any building, one (1) permanent wall sign with a maximum area of two (2) square feet.

C.

In any zoning district, hand-held signs, up to four (4) square feet in area, provided that the person carrying the sign does not interfere with, block, or impede traffic or pedestrian movement.

D.

In any zoning district, any number of one-day signs.

E.

In any zoning district, any number of portable temporary signs displayed for no more than 70 consecutive days per calendar year. Any such sign referencing a specific event (e.g., election, garage sale, property sale/lease) shall be removed as soon as possible, but no more than ten (10) days, after the event.

F.

In any zoning district, one (1) nonportable temporary sign per street frontage displayed for no more than one (1) year. Any such sign referencing a specific event (e.g., election, garage sale, property sale/lease) shall be removed as soon as possible, but no more than ten (10) days, after the event.

G.

On private roadway easements in any zoning district, a number of nonportable temporary signs equal to the number of parcels accessed by that easement displayed for no more than one (1) year. Any such sign

referencing a specific event (e.g., election, garage sale, property sale/lease) shall be removed as soon as possible, but no more than ten (10) days, after the event.

H.

Window signs, provided that such signs do not obstruct more than ten (10) percent of the area of any individual window and are not illuminated.

(Ord. No. 12-01, § 2, 3-20-12; Ord. No. 14-04, § 2(exh. A), 5-20-14)

17.18.8 - Signs Allowed with a permit in residential and open space districts.

The following signs are allowed in residential and open space districts with a type 1 permit:

A.

On residential lots where there are three (3) or more residential units, one (1) permanent, non-illuminated or illuminated, freestanding sign or wall sign, with a maximum area of ten (10) square feet.

B.

On lots occupied by nonresidential buildings, one (1) permanent, freestanding sign, with a maximum area of 20 square feet. Illumination of these signs is only allowed on properties fronting principle and minor arterial streets.

C.

At the entrance of a subdivision, one (1) permanent, freestanding sign with a maximum area of 20 square feet. Illumination of these signs is only allowed on properties fronting principle and minor arterial streets.

D.

On the building frontage of nonresidential buildings, one (1) wall sign per occupant per building, provided that no individual wall sign may exceed 15 square feet in area, and that the total area of all wall signs is not greater than one-half (½) square foot of sign area for each linear foot of ground floor building frontage. Illumination of these signs is only allowed on properties fronting principle and minor arterial streets.

(Ord. No. 12-01, § 2, 3-20-12)

17.18.9 - Signs allowed by permit in downtown office; downtown commercial; public, semi-public and utility; and park and recreation districts.

The following signs are allowed in the downtown office; downtown commercial; public, semi-public and utility; and park and recreation districts with the specified permit (type 1 or type 2):

A.

Before erecting any new sign on a multi-tenant building, the building owner shall obtain a type 2 permit from the City for a master sign program addressing that multi-tenant building. The master sign program shall provide for the reasonable and attractive coordination of the type, area, dimensions, location,

materials, lighting, colors, style, and graphics of signs for which permits are required under this Chapter. All signs later proposed for the multi-tenant building shall be consistent with the approved master sign program.

B.

The following signs are allowed with a type 1 permit if they are located on a multi-tenant property with an approved master sign program and the sign is consistent with the multi-tenant sign program. For singletenant properties, type 2 permits are required for the following signs:

1.

On lots where all buildings are set back at least 25 feet from the street curb or street pavement edge, one (1) permanent, freestanding sign with a maximum area of 20 square feet and a maximum height of six (6) feet. Display surfaces shall be back-to-back and may not exceed two (2) in number.

2.

On the building frontage of any building, one (1) wall sign per tenant or occupant, per building frontage, provided that the total sign area on each frontage does not exceed the following limits:

a.

For buildings with only one (1) building frontage, one-half (½) square foot of sign area for each linear foot of ground-level building frontage.

b.

For buildings with multiple building frontages, one-half (½) square foot of sign area for each foot of groundlevel building frontage of one (1) building frontage and one-quarter (¼) square foot of sign area for each linear foot of additional frontages. Buildings with multiple building frontages may not combine permissible sign area from two (2) or more frontages to create a wall sign that is larger than could be permitted for one (1), individual frontage.

c.

For wall signs located above the first floor, every one (1) square foot of sign area is counted as one and one-half (1.5) square feet of the total permitted sign area.

3.

On the building frontage of any building, one (1) projecting sign per tenant or occupant per building frontage, provided that the sign does not exceed five (5) square feet in area, three (3) feet in height, or four (4) inches in thickness. Any such projecting sign must be located at least seven (7) feet, six (6) inches above grade level, and must not project farther than three (3) feet, six (6) inches from the building wall unless located under a building projection or canopy, in which case the sign shall not project beyond the outside edge of the building projection or canopy. Display surfaces of such projecting signs must be back-to-back. The number of projecting signs shall not exceed one (1) for every 25 linear feet of ground floor building frontage. Projecting signs may be located above the first floor of the structure.

C.

Oversized temporary signs not exceeding 15 square feet in size per face are allowed with a type 1 permit. No such sign may be displayed for more than 30 consecutive days per calendar year. No more than one (1) such sign shall be permitted per tenant. On multi-tenant properties, only one (1) oversized temporary sign is allowed for every 25 feet of ground floor building frontage.

(Ord. No. 12-01, § 2, 3-20-12)

The development plan for any project within a planned development district shall indicate the zoning district that most closely resembles the type of development allowed by the plan. All signs within the area governed by the development plan shall comply with the regulations of this Chapter for that zoning district.

(Ord. No. 12-01, § 2, 3-20-12)

A.

Applications. An application for either a type 1 or type 2 permit shall include the information specified by the Planning Department.

B.

Type 1 Permit Process.

1.

For a type 1 permit, the permit applicant must present the application at the Planning Department counter.

2.

If the application is complete and the proposed sign complies with all applicable requirements of this Chapter, City Planning staff shall grant the permit within ten (10) days.

3.

If the application is incomplete, City Planning staff shall indicate in writing the information that is missing within ten (10) days.

4.

If the application is complete but the proposed sign does not comply with all applicable requirements of this Chapter, City Planning staff shall deny the permit and place the reasons for the denial in writing within ten (10) days.

C.

Type 2 Permit Process.

Type 2 permit applications shall be reviewed by the Zoning Administrator or by the Planning Commission, if the application is related to other matters before the Planning Commission.

2.

The reviewing body shall approve a type 2 permit if and only if it finds that all of the following conditions exist:

a.

The sign complies with all applicable requirements of this Chapter.

b.

The sign is designed to be compatible with other nearby signs, other elements of street and site furniture and adjacent structures. Compatibility shall be determined by the relationships of the elements of form, proportion, scale, color, materials, surface treatment, overall sign size and the size and style of lettering.

3.

In determining whether to grant or deny a type 2 permit, the reviewing body shall comply with all applicable laws regarding trademarks.

4.

The reviewing body shall comply with the deadlines and procedures set forth in the Permit Streamlining Act and the California Environmental Quality Act. However, if a project is exempt from the requirements of the California Environmental Quality Act, the reviewing body shall approve or deny the permit application within 60 days of the submission of a complete application.

5.

When design review is required for a major remodel, addition, or new building and the applicant intends to erect a sign requiring a type 2 permit on the remodeled or new building, the applicant shall include an application for a type 2 permit with the application for the major remodel, addition, or new building. The reviewing body for the sign application shall be the reviewing body for the design review application.

D.

Appeals. The decision to approve, approve with conditions, or deny a type 1 or type 2 permit shall be appealable to the Planning Commission by submitting a written appeal to the Planning Department within ten (10) days. Appeals shall be considered in accordance with Orinda Municipal Code Chapter 17.43, Appeals. The appeal must be accompanied by the appeal fee published in the master fee schedule. The City shall issue its decision on the appeal no later than 60 days after the appeal is filed and shall make written findings.

Commission by submitting a written appeal to the Planning Department within ten (10) days. Appeals shall be considered in accordance with Orinda Municipal Code Chapter 17.43, Appeals. The appeal must be accompanied by the appeal fee published in the master fee schedule. The City shall issue its decision on the appeal no later than 60 days after the appeal is filed and shall make written findings.

(Ord. No. 12-01, § 2, 3-20-12)

17.18.12 - Sign installation and design criteria.

A.

Sign Installation. All signs shall be installed in a safe and nonhazardous manner and in conformance with State Building Codes and regulations.

B.

Freestanding Signs. Freestanding signs shall not:

1.

Exceed six (6) feet in height;

2.

Be located within ten (10) feet of the edge of pavement on the roadway;

3.

Have more than two (2) faces.

C.

Wall Signs. A wall sign may not exceed six (6) inches in thickness.

D.

Temporary Signs. Temporary signs shall not:

1.

Have more than two (2) faces;

2.

Exceed six (6) square feet of sign area per face;

3.

Exceed three (3) feet in height if they are portable;

4.

Exceed six (6) feet in height if they are nonportable;

5.

Be illuminated;

Be made out of materials not resistant to moisture (e.g., nonlaminated cardboard, paper);

7.

Be secured to City-owned infrastructure, including streetlights, trees, pavement, fences, mechanical equipment, utility poles or street furniture;

8.

Be located in a City-maintained landscape area.

E.

Roof Signs. No portion of a sign or sign structure may be located on or extend above a building roof, except that a wall sign may be architecturally integrated into a sloping roof fascia or a mansard roof.

F.

Sign Illumination. Sign illumination shall be subdued lighting that does not interfere with the reasonable enjoyment of surrounding property, conflict or interfere with traffic, or present a public nuisance. Sign Illumination in residential districts may not cast light or shadow onto adjacent properties or roads.

(Ord. No. 12-01, § 2, 3-20-12)

17.18.13 - Prohibited signs.

A.

General Prohibitions. No person may erect or maintain a sign that is:

1.

In violation of this Chapter.

2.

Dilapidated or unsafe.

3.

Constructed in such a manner or at such a location that it will obstruct access to any fire escape or other means of ingress or egress from a building or any exit corridor, exit hallway or exit doorway. No sign or supporting structure shall cover, wholly or partially, any window or doorway in any manner that will substantially limit access to the building in case of fire.

4.

Constructed or erected in such a manner as to interfere with, obstruct, or misdirect traffic, impede pedestrian movement, or create a pedestrian or vehicular safety hazard.

Located above the first floor of a building, except: (a) a window sign in any zoning district, and (b) a wall sign or projecting sign that complies with the requirements of Section 17.18.9.

6.

Equipped or displayed with moving, flashing, or intermittent illumination. This prohibition applies to all signs, including but not limited to readerboards.

7.

Equipped with rotating or moving parts.

8.

Oriented so as to be visible from the freeway (Highway 24).

9.

Located on top of a canopy, covered walkway, or projecting sign.

10.

Located within three (3) feet of a fire hydrant, bus stop improvement or pedestrian push button for a traffic signal.

B.

Billboards and Off-Site Advertising Signs. Off-site advertising signs and billboards are prohibited except where specifically authorized by this Chapter.

(Ord. No. 12-01, § 2, 3-20-12)

The Planning Commission may designate a sign as a historical sign if the Planning Commission finds that the sign is at least 25 years old and it:

A.

Has outstanding design character; or

B.

Represents a unique contribution to its architectural period; or

C.

Contributes to the historic character of the building at which it is located.

A sign designated as a historical sign by the Planning Commission shall not contribute to the maximum sign area or number allowed per lot or building under this Chapter, and shall be deemed a permanent,

nonconforming sign.

(Ord. No. 12-01, § 2, 3-20-12)

Each sign shall be maintained in a state of security, safety and good repair.

(Ord. No. 12-01, § 2, 3-20-12)

Permanent, nonconforming signs existing on the date this ordinance became effective are not in violation of this Chapter, except that if any such sign is altered, partially demolished, or reconstructed, the provisions of this Chapter shall apply. Normal repairs and maintenance that do not change the location or appearance of the sign do not constitute alteration, demolition, or reconstruction for purposes of this section.

(Ord. No. 12-01, § 2, 3-20-12)

Sign area includes the area within a perimeter enclosing the limits of lettering, writing, representation, emblem, figure, character and lighted surface (collectively "message"), but excludes essential sign structure, foundations or supports. For double-sided signs with back-to-back display surfaces, the sign area shall be the message area of one (1) side. For all other multiple-face (i.e., more than one-sided) signs, the sign area shall be the total of the message area of all faces. If the sign consists of more than one (1) section or module, the areas of all sections and modules shall be included in calculating the total sign area. The following illustrations are examples of how signs should be measured:

Individual Letters Sign:

==> picture [398 x 144] intentionally omitted <==

Framed Sign:

==> picture [397 x 120] intentionally omitted <==

Freestanding Sign

==> picture [339 x 240] intentionally omitted <==

Projecting Signs

==> picture [378 x 288] intentionally omitted <==

Etched Retaining Wall Sign

==> picture [397 x 132] intentionally omitted <==

(Ord. No. 12-01, § 2, 3-20-12)

For purposes of this Chapter, a sign is considered to be displayed or maintained for an entire day if it is displayed or maintained for any portion of a calendar day.

(Ord. No. 12-01, § 2, 3-20-12)

Chapter 17.19 - NONCONFORMING USES AND STRUCTURES

Sections:

17.19.1 - Intent.

A.

This chapter is intended to create greater conformity with this title by limiting the number and extent of nonconforming uses and structures in Orinda. This purpose is to be achieved by regulating the enlargement and extension of nonconforming uses and structures, their reestablishment after discontinuation or abandonment, and the alteration or restoration of a nonconforming structure after destruction.

B.

The particular purposes of these regulations in the downtown commercial zoning district are: (1) to comply with the Orinda general plan by discouraging office uses in prime retail space, i.e., Class C uses in Type I spaces as described in Chapter 17.6 of this title without termination by amortization; and (2) to ensure that other legal nonconforming uses may be maintained as currently operated and that proposed changes to these other legal nonconforming uses will not have an adverse effect on business development and the general welfare of Orinda residents.

(Ord. 02-03 § 21: Ord. 99-5 § 2 Exh. A (part))

A.

A legal nonconforming structure is permitted by this title and may be used and maintained, subject to the provisions of this chapter.

B.

A legal nonconforming use is permitted by this title and may be continued, subject to the provisions of this chapter.

C.

Routine maintenance and repairs of a nonconforming structure which do not visually alter the structure do not affect legal nonconforming status.

(Ord. 99-5 § 2 Exh. A (part))

The size, height or exterior configuration of a nonconforming structure may not be altered unless the resulting structure conforms to the requirements of this title, except as follows:

A.

Change in Roof Pitch. A change in roof pitch less than 6:12 is permitted without requiring the remainder of the structure to conform to the requirements of this title.

B.

Minor Structural Nonconformities. Minor structural nonconformities (such as porch posts and eaves within a required setback) may, upon approval of the Zoning Administrator, be replaced, if such reconstruction is

part of a maintenance project or is part of an addition or remodeling project, so long as the degree of nonconformity is not increased.

C.

Renovation. The renovation of an existing structure without exterior changes or with changes only to windows and doors shall be permitted without the requirement of an exception or variance, even though the existing structure is nonconforming, so long as proof is made according to Planning Department requirements that the project meets the definition of a renovation, except that a change in a window or door to be located in a part of the structure that does not comply with current setback standards of this code shall require an exception if Zoning Administrator review is requested under Section 17.42.1(B) of this title by an affected neighbor.

D.

Small-Structure Addition. An exception or variance for an existing nonconformity shall not be required when an addition is proposed, so long as the following criteria are met:

1.

The floor area of the addition is under one thousand five hundred (1,500) square feet; or

2.

The floor area of the resulting structure is either:

a.

Less than one hundred twenty-five (125) percent of the average floor area in the neighborhood or, if the lot is less than the average lot size in the neighborhood, the lot area/floor area ratio of the resulting structure is less than one hundred twenty-five (125) percent of lot area/floor area ratio in the neighborhood, and

b.

The maximum floor area of the resulting home does not exceed three thousand (3,000) square feet;

3.

No new nonconformity will be created and no existing nonconformity will be increased.

E.

Attic and Basement Conversion. An addition of newly created habitable space in an attic or basement which is fully contained within the building envelope of any conforming or legally nonconforming singlefamily residential structure shall not require an exception or variance.

(Ord. 05-07 § 5: Ord. 99-5 § 2 Exh. A (part))

(Ord. No. 19-03, § 2(Exh. A), 6-18-19)

The following regulations apply to all nonconforming uses.

A.

Office Uses in Retail Spaces. An existing nonconforming Class C use in a Type I space in the downtown commercial zoning district shall terminate if it is abandoned, changed or determined to constitute a nuisance.

B.

Other Nonconforming Uses. An existing nonconforming use other than a Class C use in a Type I space in the downtown commercial zoning district shall terminate if it is abandoned, determined to constitute a nuisance or changed without a permit required by subsection C of this section.

C.

A Change in Use. An existing nonconforming use may be changed if a permit is obtained from the Zoning Administrator after a duly noticed public hearing has been held under Chapter 17.36 if the use is located in a downtown zoning district or under Chapter 17.31 if the use is located in any other zoning district, except that a Class C use in a Type I space in the downtown commercial zoning district may not be changed.

D.

Relocation. To promote the implementation of planning goals stated in Section 17.8.1, a Class C use in a Type I space existing as of February 1, 2000, may apply for a relocation permit, to lessen the degree of nonconformity, subject to the provisions of this subsection.

1.

Relocation Permit. To relocate the subject nonconforming use, a relocation permit must be obtained from the Zoning Administrator at a duly noticed public hearing.

2.

Standards. The relocation of a legal nonconforming use existing as of February 1, 2000, may be permitted if the Zoning Administrator makes findings of fact to support each of the following standards:

a.

Considering all of the facts and circumstances of the proposed relocation, the nonconformity will be lessened; and

b.

One or more of the following criteria apply:

i.

The frontage at the proposed new location has substantially less linear and square footage than that of the existing location,

ii.

The frontage at the proposed new location is less visible than at the current location, i.e., it will be located on a less retail-oriented/prominent/highly-traveled street or it will be in a space farther from the street frontage,

iii.

The floor area will be substantially smaller than that of the existing location,

iv.

The vacated space is to be used in compliance with Chapter 17.8.

3.

Termination of Prior Nonconforming Use. On the approval of a relocation permit and subsequent relocation of the nonconforming use, the nonconforming use at the original location shall terminate.

E.

Registration. All existing legal nonconforming Class C uses in Type I space in the downtown commercial zoning district and legal nonconforming nonresidential uses in and near residential areas, whether zoned residential or not, shall be registered with the city within thirty (30) days of notification to register. Registration shall be in a form and include such information as the Planning Director shall require, including but not limited to building plans, hours of operation, number of employees, and scope of operation.

al nonconforming nonresidential uses in and near residential areas, whether zoned residential or not, shall be registered with the city within thirty (30) days of notification to register. Registration shall be in a form and include such information as the Planning Director shall require, including but not limited to building plans, hours of operation, number of employees, and scope of operation.

(Ord. 99-5 § 2 Exh. A (part))

Except as otherwise provided in this chapter, a nonconforming use which is abandoned or changed or which becomes a nuisance may not be reestablished. The use of the structure and site thereafter must conform with the regulations for the district in which it is located.

(Ord. 99-5 § 2 Exh. A (part))

The owner of a legal nonconforming use which the city has determined to have terminated under the provisions of this chapter may request a hearing before the Zoning Administrator under Chapter 17.42 to present evidence that a termination has not occurred. The owner has the burden of proof to show that the nonconforming use has not been abandoned, changed (without a permit where one is possible), does not constitute a nuisance, or is otherwise not terminated.

(Ord. 99-5 § 2 Exh. A (part))

For purposes of this chapter, the following definitions shall apply:

"Abandoned" means:

1.

The site of operation has been vacated;

2.

A change in use has occurred; or

3.

There is a break in continuous operation, except for: (a) a closure of not more than thirty (30) days for purposes of repairs which do not change the nonconforming use; and for (b) the suspension of operations due to physical circumstances beyond the control of the use owner and use operator.

"Change in use" means an alteration in the conduct of a use as defined in this section.

"Nonconforming structure" means a structure lawfully occupying a site on February 1, 2000, that does not conform with the standards for the zoning district in which the structure is located.

"Nonconforming use" means a use lawfully occupying a structure or a site on February 1, 2000, that does not conform with the use regulations applicable for the zoning district in which the use is located.

"Use" means the conduct of a particular activity, business or enterprise, commercial or noncommercial, which shall be defined in terms of specific factors including but not limited to:

1.

The scope, intensity and nature of the service, product or activity; and

2.

Parking demand.

(Ord. 99-5 § 2 Exh. A (part))

Chapter 17.20 - LOT LINE ADJUSTMENTS AND VOLUNTARY LOT MERGERS*

Sections:

• Editor's note: The title of Ch. 17.20 was amended by Ord. 02-03 § 22.

The purpose of this chapter is to establish a procedure and standards for the review and determination of a request for a certain lot line adjustments and for the merger of specified parcels and to authorize the imposition of conditions and exactions when necessary to conform the parcels resulting from the lot line adjustment or merger to existing zoning and building regulations, consistent with Government Code Section 66412(d).

(Ord. 02-03 § 22 (part): Ord. 99-5 § 2 Exh. A (part))

In this chapter unless the context otherwise requires:

"Lot line adjustment" means the adjustment of a lot line between four or fewer existing adjoining parcels where the land taken from one parcel is added to an adjoining parcel and where a greater number of parcels than originally existed is not created.

"Nonconforming" or "nonconformity" refers to each parcel created as a result of a lot line adjustment and the fact that each such parcel does not meet all applicable land use regulations existing at the time the parcel is created.

(Ord. 02-03 § 22 (part); Ord. 99-5 § 2 Exh. A (part))

17.20.3 - Approval required.

A.

Notice and Hearing Required. A lot line adjustment may be approved by the Zoning Administrator after a noticed hearing if the proposed adjustment complies with this chapter, except that the Zoning Administrator may refer an application for a lot line adjustment to the Planning Commission if the adjustment involves more than two lots or, in the opinion of the Zoning Administrator, the public interest would be better served by Planning Commission review. If the lot line adjustment is part of a project which will require Planning Commission review, the proposed adjustment shall be reviewed by the Planning Commission. The adjustment of a lot line in violation of this chapter is declared to be a public nuisance.

B.

Notice and Hearing Not Required. A lot line adjustment may be approved by the Zoning Administrator without notice to anyone other than the owners of the subject lots and without a public hearing if the lot line adjustment is between two lots, one of which contains an existing residence or commercial structure and the lot line adjustment is for the sole purpose of: (1) compensating for a preexisting condition such as an encroachment of a fence or driveway onto an adjoining parcel; or (2) establishing conforming setbacks for an encroaching structure.

(Ord. 99-5 § 2 Exh. A (part))

A lot line adjustment may be approved if as proposed or as modified by conditions imposed findings of fact are made to support the following standards:

A.

The reconfiguration is consistent with the general plan and applicable specific plan;

B.

The resulting lots will conform with the city's zoning and building ordinances.

(Ord. 99-5 § 2 Exh. A (part))

A lot line adjustment may be approved without requiring conformity with the city's zoning and building regulations if: (1) the reconfiguration reduces the degree of nonconformity of each reconfigured parcel; or (2) does not substantially increase the degree of an existing nonconformity, so long as in either case the change will enhance neighborhood property values and contribute to the quality of development in the area.

(Ord. 99-5 § 2 Exh. A (part))

The decision maker may impose conditions or exactions, or both, to a lot line adjustment in order to conform each parcel resulting from the reconfiguration to local zoning and building ordinances and to facilitate the relocation of existing utilities, infrastructure and easements.

(Ord. 99-5 § 2 Exh. A (part))

The merger of two or more contiguous lots in common ownership may be authorized, subject to the following requirements:

A.

Voluntary Request. The request must be made by the property owner.

B.

Permit Required. The Zoning Administrator shall issue a merger permit without notice and hearing under Chapter 17.42 if findings are made that the merger meet the standards set forth in Section 17.20.4.

C.

Notice and Hearing. Notice and a hearing by the Zoning Administrator under Chapter 17.42 shall be provided if the proposed merger will create a lot exceeding one hundred fifty (150) percent of the size of the largest original lot being merged or if there is any other unusual factor in the proposal which, in the discretion of the Zoning Administrator, merits notice and a hearing.

D.

Recordation. A merger which is approved under this section shall be set forth in a deed which is recorded with the Contra Costa County Recorder's office no more than sixty (60) days after approval. A copy showing evidence of recordation shall be provided to the Zoning Administrator.

(Ord. 02-03 § 22 (part))

Chapter 17.21 - TREE MANAGEMENT

Sections:

The City Council finds that:

A.

The management of trees on public and private property is essential to maintenance of the city's semi-rural character, a goal set forth in the general plan.

B.

Trees contribute to the image and quality of life in the city. Healthy trees reduce air and noise pollution, provide energy-saving shade and cooling, furnish habitat for wildlife, enhance aesthetics and property values, and help to maintain soil stability. Tree management can both create and protect privacy and views and reduce fire hazards.

C.

The city values the diverse and distinctive character of its neighborhoods, some heavily wooded, some more open.

D.

This chapter is intended to ensure that the city will continue to realize the benefits provided by its tree resources, while recognizing the rights of individuals to develop property, maintain views and privacy, and protect against fire and other hazards.

E.

These regulations are consistent with the local Fire Code adopted by the Moraga-Orinda Fire District (MOFD) and ratified by the City of Orinda.

(Ord. 99-5 § 2 Exh. A (part); Ord. No. 21-01, § 2(Att. A), 2-2-21)

In this chapter unless the context otherwise requires:

"Destroy" means to kill or to take action that could foreseeably endanger the health or vigor of a tree, including but not limited to, excessive or improper pruning of a tree, grade changes around or near a tree, excessive irrigation of a tree, and trenching within the protected perimeter of a tree.

"Development application" is an application for a building or grading permit, or any other city application which if approved would ultimately require the issuance of a building permit or grading permit.

"Diameter" means the distance across the tree from outside bark to outside bark measured at 4.5 feet above the natural grade of the tree. The diameter of a multi-trunk tree is the sum of the diameters of its trunks measured at 4.5 feet above natural grade multiplied by two-thirds.

"Director" means the Planning Director or his or her designated representative.

"Dripline" means the outermost edge of the tree's canopy. When depicted on a map, the dripline appears as an irregularly shaped circle that follows the contour of the tree's canopy as seen from above.

"Native Riparian tree" is a native tree within thirty (30) feet of the edge of a creek bank or a native tree beyond thirty (30) feet but in such proximity to a creek bank that it requires or tolerates soil moisture levels in excess of that available in adjacent uplands.

"Native tree" means a tree indigenous to the local oak woodland, chaparral, grassland or riparian habitats including, but not limited to, valley oak (Quercus lobata), coast live oak (Quercus agrifolia), black oak (Quercus kelloggii, white oak (Quercus garryana), canyon oak (Quercus chrysolepis), blue oak (Quercus douglasii), interior live oak (Quercus wislizenii), California bay (Umbellularia californica), bigleaf maple (Acer macrophylum), buckeye (Aesculus California), white alder (Alnus rhombifolia), madrone (Arbutus menziesii), flowering ash (Fraxinus dipetala), Oregon ash (Fraxinus latifolia), western sycamore (Platanus racemosa),

arroyo willow (Salix lasiolepis), red willow (Salix laevigata), western dogwood (Cornus sericea), California hazelnut (Corylus californica), black walnut (Juglans hindsii), and blue elderberry (Sambucus mexicanus).

"Professional arborist" means a person certified as an arborist by the International Society of Arboriculture or a person who, as determined by the Director, is equally qualified in the field of arboriculture.

"Protected perimeter" means the area around the tree within the dripline plus a ten-foot-wide strip of ground surrounding the dripline.

"Protected tree" means a live tree located on public or private property (including within a public or private right-of-way or easement) meeting one or more of the designations listed in Schedule 17.21.2:

Schedule 17.21.2

Protected Tree Designations

"Remove" means to cut down a tree or relocate a tree.

(Ord. 02-03 § 33 (part); Ord. 00-2 § 9; Ord. 99-5 § 2 Exh. A (part); Ord. No. 10-10, § 2(exh. A), 1-4-11; Ord. No. 21-01, § 2(Att. A), 2-2-21; Ord. No. 25-03, § 2(Exh. A), 5-6-25)

17.21.3 - Permit required for removal or destruction of a protected tree.

A.

When Required. No person may remove or destroy a protected tree without a Category I or Category II permit as provided in Sections 17.21.4 and 17.21.5.

B.

Exceptions. A permit is not required in the following circumstances if documentation or direct communication with the Planning Department is provided by the appropriate authority identifying the reason for removal and location of trees to be removed:

1.

When a hazardous or dangerous condition requires immediate action to protect life or property;

2.

Under emergency conditions when ordered by a fire official, the Public Works Director, Parks and Recreation Director or City Manager;

3.

For a city project on city property or for a city project within the public right-of-way;

4.

To maintain an unobstructed flow of water for flood control safety in creek beds and waterways as determined by the City Engineer;

5.

When required by the Moraga-Orinda Fire District for Fire Code compliance;

6.

When alteration, removal, or destruction of a protected tree is required for compliance with any local, federal, or state law; and

7.

When alteration, removal, or destruction of a protected tree is required at a specified property to retain or obtain insurance coverage.

The applicability of an exception under this section in no way exempts activity from other regulatory requirements (e.g., City encroachment permit requirement) addressing slope stability, water quality, and other issues; nor does it exempt activity from property instrument restrictions (e.g., the terms of conservation and open space easements).

(Ord. 99-5 § 2 Exh. A (part); Ord. No. 21-01, § 2(Att. A), 2-2-21; Ord. No. 25-03, § 2(Exh. A), 5-6-25)

17.21.4 - Permit Category I—Protected trees on properties not involving a development application.

A.

Permit Required. A person who desires to remove or destroy a protected tree from a property upon which grading, building or development is not proposed, shall file an application on a form provided by the city, together with the fee fixed by resolution of the City Council.

B.

Application. The application shall identify the location, species and diameter of each protected tree to be removed or destroyed; the application shall contain a statement of the reason the permit is requested; and shall contain other supplemental information as may be necessary to properly review an application, such as the written recommendation of a professional arborist concerning the health and quality of the subject tree and possible alternative actions.

C.

Director Review. The Director shall inspect the tree and review the application. The Director may refer the application to the Planning Commission and may require such additional information considered necessary.

D.

Decision-Maker Determination. The decision-maker shall approve or disapprove the application to remove or destroy a protected tree. The decision-maker shall consider the following factors:

1.

The effect of tree removal or destruction on shade, views, privacy, fire safety, soil erosion and flow of surface water;

Whether the tree poses an impending threat to public health, safety, or property, supported by evidence from a certified arborist;

3.

The degree to which the tree interferes with the reasonable use or enjoyment of the property;

4.

The health and structural stability of the tree, including any documented signs of disease, decay, or structural issues that pose a significant risk of failure, as determined by an arborist report;

5.

The number, species, size and location of other protected trees to remain in the area, the potential for additional tree removals by other entities or authorities, and the cumulative impact of the removal on the area's environmental and aesthetic character; and

6.

Whether practical alternatives exist to address concerns related to the tree's presence, such as pruning, root management, or other preservation strategies that mitigate perceived impacts without necessitating removal.

E.

Permit Conditions. The permit may include reasonable conditions such as replacement in accordance with the provisions of Subsection 17.21.5.F.2 or moving the tree to a suitable location on the site.

F.

Expiration of Permit. A permit is valid for one year from date of issuance unless a longer period is stated in the permit. If the applicant does not begin work before the expiration date, the permit is void. Once work authorized by a permit is begun, it shall be expeditiously pursued to completion.

(Ord. 99-5 § 2 Exh. A (part); Ord. No. 21-01, § 2(Att. A), 2-2-21; Ord. No. 25-03, § 2(Exh. A), 5-6-25)

17.21.5 - Permit Category II—Protected trees on property involving a development application project.

A.

Permit Required. A person applying for a building or grading permit, or an application which may subsequently require a building or grading permit, on a lot with a protected tree shall concurrently apply for a tree permit if construction related activity may remove or destroy a protected tree.

B.

Application. The application shall contain the following information on the form provided by the Planning Department together with the fee fixed by resolution of the City Council:

A site plan map showing all protected trees on the property by trunk location and diameter, tree species and an accurate outline of each tree's dripline. The site plan shall indicate whether each protected tree will be altered, removed, destroyed, relocated or protected.

2.

Justification statement setting forth the reason for proposed alteration, removal, relocation or destruction of any protected tree.

3.

Other pertinent information required by the Director.

C.

Development Coordination. The application shall be reviewed with the development project application. A development project could be a project subject to discretionary permit, such as design review, or ministerial project subject only to a building permit.

D.

Standards. In addition to the factors and guidelines set forth in Subsection 17.21.4.D, a permit shall be granted or denied based on the following factors and guidelines consistent with actions taken on the concurrent development application:

1.

The necessity for destruction or removal in order to construct an improvement that allows reasonable economic enjoyment of private property;

2.

The extent to which a proposed improvement may be modified to preserve and protect a protected tree;

3.

The extent to which a change in the natural grade within the protected perimeter may be modified to maintain and preserve a protected tree.

E.

Conditions of Approval. Each permit may require as a condition of approval:

1.

If a protected tree proposed for removal can be relocated, the applicant shall move the tree to a suitable location on a site shown on the approved plans.

2.

The applicant shall guarantee the health and vigor of each protected tree required to be preserved during the construction process and for two years after construction is certified as complete.

3.

The applicant shall replace a protected tree that dies during the guarantee period in accordance with the tree replacement provisions of subsection F of this section.

4.

The applicant shall comply with care requirements of subsection G of this section.

5.

The tree removal permit is valid only upon the issuance of a building permit for the associated development project.

F.

Protected Tree Replacement. An applicant shall replace a protected tree in accordance with the following standards:

1.

For each six inches or fraction thereof of the aggregate diameter of trees approved for destruction or

removal, the applicant shall plant 1 native tree with a diameter no less than 0.75 inches. One-third of the replacement tree requirement may be fulfilled by planting native shrubs that mature at a height no less than five feet. The applicant may substitute a larger number of smaller trees or a smaller number of larger trees if approved by the decision-maker based on a finding that tree replacement will be more beneficial to the health and vigor of all trees on the property.

2.

If the development site cannot accommodate the replacement trees, with the written approval of the decision-maker and the property owner, the applicant may plant the replacement trees on public or private property located in Orinda. Alternatively, the applicant may make an in lieu payment of one hundred twentyfive dollars ($125.00) for each replacement tree otherwise required. All in lieu payments shall be used for city landscape-related projects.

G.

Care of Protected Trees. In order to protect each protected tree on a site where grading or building is to take place, an applicant may, at the discretion of the decision-maker, be required to meet the following requirements:

1.

Before starting, the applicant shall securely fence off every protected tree or grouping of protected trees at the protected perimeter. The fence shall remain continuously in place for the duration of work undertaken in

connection with the building or grading permit. The fenced area may not be used as a storage area or altered or disturbed except as may be permitted by the decision-maker.

2.

If the proposed development or work on-site encroaches upon the protected perimeter of a protected tree, the applicant shall take special measures, as approved by the decision-maker, to allow tree roots to obtain oxygen, water and nutrients as needed.

3.

An authorized excavation, filling or compaction of the existing ground surface within the protected perimeter of a tree shall be minimized and subject to such reasonable conditions as may be imposed by the decision-maker.

4.

No significant change in existing ground level may be made within the dripline of a protected tree.

5.

No burning or use of equipment with an open flame may occur near or within the protected perimeter.

6.

All brush, earth and debris shall be removed in a manner that prevents injury to the tree.

7.

No oil, gas, chemical or other substance that may be harmful to a tree may be stored or dumped within the protected perimeter of a protected tree or at any other location on the site from which such substances might enter the protected perimeter of a tree.

8.

Trenching for utilities shall avoid interfering with roots of protected trees wherever possible. If complete avoidance of the root zone is impractical, a tunnel shall be made below the roots. A trench shall be consolidated to serve as many units as possible. Trenching and tunneling within the protected perimeter shall be avoided to the extent possible and shall be done only under the on-site supervision of a professional arborist.

9.

No concrete, asphalt or other impervious paving shall be placed within the protected perimeter of a protected tree. No supplementary irrigation shall occur within the protected perimeter of a native oak.

H.

Expiration of Permit. A permit is valid for the same period as the building or grading permit. If the applicant does not begin work before the expiration date, the permit is void.

(Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part); Ord. No. 10-10, § 2(exh. A), 1-4-11; Ord. No. 21-01, § 2(Att. A), 2-2-21; Ord. No. 25-03, § 2(Exh. A), 5-6-25)

A person may appeal the decision to grant or deny a protected tree permit within the time and manner set forth in Chapter 17.43.

(Ord. 99-5 § 2 Exh. A (part); Ord. No. 21-01, § 2(Att. A), 2-2-21)

Editor's note— Ord. No. 21-01, § 2(Att. A), adopted Feb. 2, 2021, deleted § 17.21.7 entitled "Building or grading permit not to issue," which derived from: Ord. 02-03 § 23 (part); and Ord. 99-5 § 2 Exh. A (part).

Protected trees are valuable assets to the city and, as a result of the death or damage of a protected tree without benefit of a permit, the public should be compensated. A person who removes or destroys a protected tree in violation of this chapter shall replace each tree removed or destroyed, in accordance with each of the following conditions:

A.

Replacement trees in at least twenty-four- (24) inch boxes shall be planted in the following ratio: two replacement trees for each six inches or fraction thereof of the diameter of each tree removed or destroyed.

B.

Each replacement tree shall be of an appropriate species as determined by the decision-maker.

C.

Each replacement tree shall be planted on the site where the tree was destroyed or removed unless the site cannot accommodate the replacement trees, in which case the property owner shall make an in-lieu payment of six hundred seventy-five dollars ($675.00), adjusted for the cost of living from year 2002 under the Bureau of Labor Standards Consumer Price Index All Urban Consumers San Francisco/Oakland/San Jose Area, for each replacement tree otherwise required.

D.

The decision-maker may impose requirements to ensure a replacement tree's health for up to two years and may authorize the planting of a lesser number of larger trees or a larger number of smaller trees than specified in this section if either will be more beneficial to the health and vigor of all trees on the property.

(Ord. 02-03 § 23 (part): Ord. 99-5 § 2 Exh. A (part); Ord. No. 21-01, § 2(Att. A), 2-2-21)

The destruction or removal of a protected tree without the required permit constitutes a continuing violation of this chapter and a separate violation shall occur each day from the act of destruction or removal until restitution is made as required in Section 17.28.8. A person who violates the requirements of this chapter shall be subject to enforcement as described in Title 19 of this code.

(Ord. 02-02 § 9 (part); Ord. No. 21-01, § 2(Att. A), 2-2-21)

Nothing in this chapter imposes liability upon the city or upon its officers or employees or relieves the owner or occupant of private property from the duty to keep in safe condition any tree and shrub upon that private property or within a public right-of-way or easement upon or adjacent to that property.

(Ord. 02-02 § 9 (part); Ord. 99-5 § 2 Exh. A (part))

Chapter 17.22 - VIEW PRESERVATION

Sections:

The purpose of this chapter is to:

A.

Establish a person's right to preserve or restore the view or sunlight which existed at the time of that person's purchase or initial occupation of the property or at any time thereafter from unreasonable obstruction by the growth of a tree; and

B.

Establish a process by which one may seek restoration of such view or sunlight when unreasonably obstructed by the growth of a tree.

(Ord. 99-5 § 2 (Exh. A (part))

The right to a view and to sunlight and the process by which those rights may be restored are based upon the following general principles:

A.

The city recognizes that residents, property owners and businesses cherish their outward views from their properties and the benefits of plentiful sunlight reaching their buildings and yards. Both outward views and plentiful sunlight reaching property contribute greatly to the quality of life and promote the general welfare of the entire community.

B.

The city also recognizes the desire of its residents, property owners and businesses for beautiful and plentiful landscaping, including trees. The city realizes that this desire may sometimes conflict with the preservation of views and sunlight, and that disputes related to view or sunlight obstruction may arise.

C.

Owners and residents should maintain trees on their property in a healthy condition for both safety reasons and for preservation of sunlight and outward views. Before planting trees, owners and residents should consider view and sunlight blockage potential, both at the time of planting and at tree maturity. A person should have the right to seek a civil remedy when threatened by dangerous tree growth.

D.

This chapter establishes a process by which one may seek to preserve or restore a view or sunlight which existed at the time of one's purchase or occupation of the property or at any time afterwards from the unreasonable obstruction by the growth of trees.

E.

When a dispute over view or sunlight obstruction arises, the parties involved should act reasonably to resolve the dispute through friendly communication, thoughtful negotiation, compromise, discussion with the appropriate neighborhood and homeowner association and other traditional means for settling a dispute. A dispute which is not resolved through such means shall follow the procedure established by this chapter.

F.

This chapter should receive thoughtful and reasonable application. The rights and remedies established by this chapter do not authorize clear-cutting or substantial denuding of property of its trees.

G.

The resources of the city will not be allocated to enforcement of the terms of this chapter.

(Ord. 99-5 § 2 (Exh. A (part))

The procedures, rights, obligations and remedies provided by this chapter apply to a view or sunlight of a complaining party which existed at the time of the complaining party's purchase or occupation of the property or at any time afterwards.

(Ord. 99-5 § 2 (Exh. A (part))

In this chapter, unless the context otherwise requires:

"Active use area" means the most frequently occupied portion of a commercial building from which views are available.

"Arbitrator" means a neutral person who conducts a process similar to a trial, and who hears testimony, considers evidence, and makes a binding decision for the disputing parties.

"Binding arbitration" means the legal procedure set forth in Sections 1280 et seq., of the Code of Civil Procedure;

"Complaining party" means a property owner (or legal occupant with written permission of the property owner) who alleges that trees located on the property of another person are causing unreasonable obstruction of his or her preexisting views or sunlight.

"Heritage tree" means a tree designated by the City Council because of the tree's association with some person or event of historical significance or because of its exceptional size which exceeds fifteen (15) inches in diameter, its condition or its aesthetic qualities.

"Mediator" means a neutral, objective third person who assists people in finding a mutually satisfactory solution to a problem.

"Preexisting view or sunlight" means the view or sunlight as existed at the time the property was first purchased by the current property owner or in lawful possession by the current occupant who has maintained substantially continuous occupancy since initial occupancy.

"Primary living area" means the portion of a residence from which a view is observed most often by the occupants relative to other portions of the residence. The determination of primary living area is made on a case-by-case basis.

"Protected tree" means a tree which has been so designated in accordance with Sections 17.21.1 through 17.21.9 of the Orinda Municipal Code.

"Removal" means the elimination of a tree from its present location.

"Restorative action" means a specific requirement to resolve a tree dispute.

"Stump growth" means new growth from the remaining portion of the tree trunk, the main portion of which has been cut off.

"Sunlight" means the availability of direct or indirect sunlight to the primary living area of a residence.

"Thinning" means the selective removal of entire branches from a tree to improve visibility through the tree or improve the tree's structural condition.

"Topping" means elimination of the upper portion of a tree's trunk or main leader.

"Tree" means a woody plant with the potential to obstruct a view or sunlight, including but not limited to a tree, shrub, hedge and bush, which exceeds fifteen (15) feet in height.

"Tree claim" means the written basis for arbitration or court action under this chapter.

"Tree owner" means a person owning real property upon whose land is located a tree alleged by a complaining party to cause an unreasonable obstruction.

"Trimming" means the selective removal of portions of branches from a tree so as to alter the tree's shape or appearance.

"Unreasonable obstruction" means the obstruction of a view or sunlight, or both, which is determined to exist applying the criteria (Section 17.22.7), the purpose of this chapter (Section 17.22.1), the general principles for restorative action (Section 17.22.2) and the criteria for determining restorative action (Section 17.22.8).

"View" means a scene from the primary living area of a residence or the active use area of a nonresidential building. The term "view" includes both upslope and downslope scenes, but is generally medium or long range in nature, as opposed to short range. View includes but is not limited to distinctive geologic features, hillside terrains, wooded canyons, ridges, and bodies of water. Some examples are:

Mt. Diablo;

Prominent features of the East Bay Hills, such as Round Top, Huckleberry Preserve and Tilden Park;

Briones Reservoir;

Briones Agricultural Preserve.

"Windowing" means a form of thinning by which openings or "windows" are created to restore a view or sunlight.

(Ord. 99-5 § 2 (Exh. A (part))

17.22.5 - Right to preservation of a view or sunlight.

A person has the right to preserve and seek restoration of a view or sunlight which existed at the time of purchase or occupation of a property when the view or sunlight is enjoyed from the primary living area or active use area and has subsequently been unreasonably obstructed by the growth of a tree. The right established by this chapter is a private right between persons. It is not enforceable through action by the city. However, a person must follow the process under Sections 17.22.11 to 17.22.13 in order to establish this private right. This Chapter shall not be interpreted as authorizing any person to preserve or seek restoration of views or sunlight obtained as the result of tree removal, trimming, thinning, alteration or damage determined by a court of competent jurisdiction to have been illegal.

(Ord. 99-5 § 2 (Exh. A (part))

(Ord. No. 11-03, § 2, 5-3-11)

17.22.6 - Unreasonable obstruction prohibited.

No person may maintain a tree which unreasonably obstructs the view from, or sunlight reaching, the primary living area or active use area of any other parcel of property within the city.

(Ord. 99-5 § 2 (Exh. A (part))

The criteria to be considered in determining whether an unreasonable obstruction has occurred include, but are not limited, to one or more of the following:

A.

The extent of the obstruction of the view from, or sunlight reaching, the primary living area or active use area of the complaining party, both currently and at tree maturity;

B.

The quality of the view being obstructed, including the obstruction of vistas, ridgelines, or other unique features;

C.

The extent to which the tree interferes with efficient operation of a solar energy system;

D.

The extent to which a view or sunlight has been diminished over time by factors other than tree growth;

E.

The length of time the complaining party has resided on the property;

F.

The view or sunlight which existed at the time the complaining party first occupied the property and the view or sunlight which the claimant seeks to have restored;

G.

The size and quality of the tree as it existed at the time the current occupant originally purchased or occupied the property upon which the tree is located.

(Ord. 99-5 § 2 (Exh. A (part))

When it is determined that an unreasonable obstruction exists, the following unweighted factors shall be considered in determining appropriate restorative action:

A.

The hazard posed by a tree to a person or structure on the property of the complaining party including, but not limited to, fire danger and the danger of falling limbs or trees;

B.

The variety of tree, its projected rate of growth and maintenance requirements;

C.

Aesthetic quality of the tree, including but not limited to species characteristics, size, growth, form and vigor;

D.

Location with respect to overall appearance, design and use of the tree owner's property;

E.

Soil stability provided by the tree considering soil structure, degree of slope and extent of the tree to the tree owner and to neighbors;

F.

Energy conservation and climate control provided by the tree;

G.

Wildlife habitat provided by the tree;

H.

Whether the tree is a protected or heritage tree.

(Ord. 99-5 § 2 (Exh. A (part))

17.22.9 - Types of restorative action.

A.

If the determination to provide restorative action is made, restorative action may include, but is not limited to, the following:

1.

Trimming;

Thinning or windowing;

Topping;

4.

Removal with replacement plantings;

5.

Removal without replacement plantings.

B.

Before restorative action is undertaken, the applicability of the permit requirement imposed on the alteration, removal and planting by Sections 17.21.3 through 17.21.5 of the Municipal Code shall be determined.

C.

Restorative action shall not result in a view or sunlight greater than that which is documented to exist at any time during the tenure of the complaining party.

D.

Restorative action may include written conditions (including ongoing maintenance) and directions as to timing for taking appropriate actions and may be made to run with the land and apply to successors in interest. Where removal is required, replacement by an appropriate species should be considered.

E.

If trimming, windowing or other restorative action may affect the health of a tree which is to be preserved, such action should be carried out in accordance with standards established by the International Society of Arboriculture for use in the state of California.

(Ord. 99-5 § 2 Exh. A (part))

17.22.10 - Guidelines concerning restorative action.

The following general guidelines shall apply to restorative action:

A.

Undesirable Trees. By reason of tall height at maturity, rapid growth, dense foliage, shallow root structure, flammability, breakability, or invasiveness, the city has determined that certain types of trees are "undesirable," including Blue Gum Eucalyptus, Coast Redwood, Monterey Pine, Monterey Cypress trees, and other trees which generally grow more than three feet per year and are capable of reaching a height of over thirty-five (35) feet at maturity. When considering restorative action for "undesirable" trees, aggressive action is preferred.

B.

Protected Trees. The city has designated certain trees to be "protected trees" as set forth in Sections 17.21.1 through 17.21.9. The alteration or removal of a protected tree may require a permit, from the Planning Director under Sections 17.21.3 through 17.21.5.

C.

Heritage Trees. A tree designated as a "heritage tree" under Sections 17.24.1 through 17.24.6, requires City Council approval of a permit in order to be removed, destroyed or pruned.

D.

Stump Growth. Stump growth generally results in the hazard of weak limbs, and its protection is not desirable. When considering restorative action for stump growth, aggressive action is preferred. Restorative action which will result in future stump growth should be avoided.

E.

Trimming. Trimming is the most minor form of physical restorative action. This option is recommended when minor unreasonable obstruction has occurred; provided, that ongoing maintenance is guaranteed.

F.

Thinning or Windowing. When simply trimming will not resolve the unreasonable obstruction, thinning or windowing may be necessary. These actions should be supervised by a certified arborist.

G.

Topping. Topping as a restorative action should be used with caution. Topping can have deleterious effects on a tree's health, appearance and cost of maintenance. Topping frequently results in stump growth. Tree removal, with replacement plantings, may be a preferable alternative.

H.

Removal. Tree removal may be required where removal is essential to preserve a view or sunlight. While normally considered a drastic measure, tree removal may be the preferred solution in many circumstances.

I.

Maintenance. Ongoing tree maintenance requirements are strongly recommended as part of restorative action in order to achieve lasting preservation of preexisting views or sunlight.

(Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part))

The following procedure shall be used in the resolution of a view or sunlight obstruction dispute between parties:

A.

Initial Reconciliation.

1.

A complaining party who believes that tree growth on the property of another has caused unreasonable obstruction of view or sunlight from the primary living area or active use area shall notify the tree owner in writing of this concern.

2.

The notification should, if possible, be accompanied by personal discussions to enable the complaining party and tree owner to attempt to reach a mutually agreeable solution. If personal discussions fail, neighborhood associations may be willing to assist with the resolution of the obstruction dispute.

B.

Mediation.

1.

If the initial reconciliation attempt fails, the complaining party shall propose in writing that mediation be used as a means to settle the obstruction dispute.

2.

The acceptance of mediation by the tree owner is voluntary. However, the tree owner must either accept or reject the offer of mediation within thirty (30) days of the date the tree owner is served with the proposal to mediate. If mediation is accepted, the parties shall agree upon a mediator within ten days of the date of acceptance.

C.

Section 17.22.18 governs the dispute between a complaining party and the city over a tree located on cityowned property.

(Ord. 99-5 § 2 Exh. A (part))

If the initial reconciliation process fails, and the mediation either is declined by the tree owner or fails, the complaining party must prepare a tree claim and provide a copy to the tree owner, in order to pursue either binding arbitration or litigation under the authority of this chapter. A tree claim consists of the following:

A.

A description of the nature and extent of the alleged obstruction, including pertinent and corroborating physical evidence. Evidence may include, but is not limited to photographic prints, negatives or slides. The evidence must show absence of the obstruction at a point in time during the tenure of the complaining party. Evidence to show the date by property acquisition or occupancy by the complaining party must be included;

B.

The location of each tree alleged to cause the obstruction, the address of the property upon which the tree is located, and the present tree owner's name and address;

C.

Evidence of the failure of initial reconciliation (Section 17.22.11(A)) to resolve the dispute. The complaining party must provide physical evidence that a written attempt at reconciliation has been made and failed. Evidence may include a copy of and receipt for certified or registered mail correspondence;

D.

Evidence that mediation (Section 17.22.11(B)) has been attempted and has failed or has been declined by the tree owner;

E.

Specific restorative action proposed by the complaining party to resolve the unreasonable obstruction.

(Ord. 99-5 § 2 Exh. A (part))

A.

In the case where the initial reconciliation process fails and where mediation is declined by the tree owner or has failed, the complaining party must offer in writing to submit the dispute to binding arbitration. The acceptance of binding arbitration by the tree owner is voluntary. However, the tree owner has thirty (30) days from service of notice to either accept or reject binding arbitration. If binding arbitration is accepted, the parties shall agree on a specific arbitrator within twenty-one (21) days of the date of acceptance and shall indicate an agreement in writing.

B.

The arbitrator shall use this chapter to reach a fair resolution of the tree claim and shall submit a complete written report to the complaining party and the tree owner. This report shall include the arbitrator's findings with respect to Sections 17.22.7 and 17.22.8 of this chapter, a pertinent list of all mandated restorative actions with any appropriate conditions concerning such actions, and a schedule by which the mandated actions must be completed. The decision of the arbitrator is enforceable under Code of Civil Procedure Section 1280 et seq.

(Ord. 99-5 § 2 Exh. A (part))

17.22.14 - Litigation.

A.

If binding arbitration is declined by the tree owner, the complaining party may pursue a civil action for resolution of the view or sunlight obstruction dispute under the provisions of this chapter.

B.

The litigation must state in the lawsuit that arbitration was offered and not accepted.

(Ord. 99-5 § 2 (Exh. A (part))

A.

Cost of Mediation and Arbitration. The complaining party and tree owner shall each pay fifty (50) percent of mediation or arbitration fees and costs, unless they agree otherwise or allow the mediator or arbitrator discretion to allocate fees and costs.

B.

Cost of Litigation. The costs of litigation is determined by the court or through a settlement.

C.

Cost of Restorative Action. The cost of restorative action is determined by mutual agreement, or through mediation, arbitration, court judgment, or settlement.

(Ord. 99-5 § 2 (Exh. A (part))

17.22.16 - Liabilities.

A.

The issuance of mediation findings, an arbitration report or a court decision does not create liability of the city with regard to the restorative action to be performed.

B.

Failure of the city to enforce this chapter does not give rise to civil or criminal liability on the part of the city.

C.

A violation of this chapter is not a misdemeanor or an infraction.

(Ord. 99-5 § 2 (Exh. A (part))

It is not the intent of the city in adopting this chapter to affect obligations imposed by an existing easement or a valid preexisting covenant or agreement.

(Ord. 99-5 § 2 (Exh. A (part))

A tree located on city-owned property is exempt from this chapter. A request or complaint regarding a tree located on city-owned property should be made in writing to the Director of Public Works for consideration

in accordance with policies adopted by the city.

(Ord. 99-5 § 2 (Exh. A (part))

Chapter 17.23 - SATELLITE ANTENNAS

Sections:

This chapter regulates the installation of satellite antennas in all zoning districts within the city.

(Ord. 99-5 § 2 Exh. A (part))

17.23.2 - Findings and declarations.

A.

The City Council finds that the installation of satellite antennas can, unless controlled, affect aesthetic values and safety. Therefore, the installation of these antennas and equipment is regulated to result in design and locations which are safe and which are least visible from public rights-of-way in the vicinity and do not burden adjacent property owners with adverse visual impacts.

B.

The specific intent in adopting the ordinance codified in this chapter to balance the rights of the individual guaranteed by the First Amendment to the U.S. Constitution with the interests of the community as a whole in preserving the unique aesthetic quality of Orinda and ensuring public safety.

(Ord. 99-5 § 2 Exh. A (part))

17.23.3 - Definitions.

In this chapter, unless the context otherwise requires:

"Satellite antenna" means a device designated to receive microwave communication signals transmitted from orbiting satellites.

(Ord. 99-5 § 2 Exh. A (part))

A.

Building Permit Required. A building permit, approved by the Zoning Administrator, is required before a satellite antenna may be installed.

B.

Development Plan Approval. The design and location of a satellite antenna are subject to approval by the city to ensure compliance with the standards in this chapter. The development plan may be approved by the Planning Director, except that a plan for a satellite antenna in an office or commercial district requires approval by the Planning Commission.

C.

Application. The Planning Director shall establish application procedures and may require plans for planting, fencing and design, and supplemental information as may be necessary to properly review an application.

D.

Fees. The application fee shall be in an amount established by resolution of the City Council.

(Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part))

A satellite antenna is permitted in any zoning district, subject to compliance with the following standards:

A.

Minimum Setbacks and Location. A satellite antenna shall be set back:

1.

At least the minimum setback required in the zoning district for primary structures; or

2.

At least twenty (20) feet from any street property line and ten feet from any interior property line, whichever of subsection (A)(1) or (A)(2) of this section is greater.

3.

Installation between a bordering public street and on-site principal structures is prohibited. The antenna location may be further restricted to minimize visibility from adjacent public streets, public areas of the site, and adjacent properties, as determined by the city.

B.

Maximum Height. An antenna may not exceed twelve (12) feet in height as measured from ground level to the highest point of the antenna or any appurtenance attached to it.

C.

Roof Top Installation Prohibited. A satellite antenna may not be installed on a roof.

D.

Maximum Size. The antenna may not exceed twelve (12) feet in any dimension.

E.

Wires Restricted. Outdoor wires necessary for the operation of the antenna shall be placed underground or attached flush against a building surface. Guy wire installations are prohibited.

F.

Colors. Antennas and appurtenant structural surfaces shall have subdued colors which blend with the surroundings.

G.

Screening. Landscaping or solid screening shall be installed to visually screen the antenna from adjacent public streets, public areas of the site, and adjacent properties. All screening shall be permanently maintained so as to serve the intent of this title.

(Ord. 99-5 § 2 Exh. A (part))

17.23.6 - Exception.

A variance to modify the provisions in Section 17.23.5 may be granted in accordance with Chapter 17.33.

(Ord. 99-5 § 2 Exh. A (part))

A satellite antenna existing as of the effective date of this chapter, for which a building permit was issued or for which a building permit was not required, is considered a legally installed antenna.

(Ord. 99-5 § 2 Exh. A (part))

17.23.8 - Nonexclusive regulation.

This chapter supplements and is in addition to other regulatory codes, statutes and ordinances.

(Ord. 99-5 § 2 Exh. A (part))

Chapter 17.24 - HERITAGE TREES

Sections:

The City Council finds that:

A.

A guiding policy of the conservation element of Orinda's general plan is to preserve the city's unique trees;

B.

A heritage tree is a valuable asset to the city and should be protected and preserved by reasonable regulations;

C.

This chapter is intended to ensure that the city will continue to realize the benefits provided by its tree resources, while recognizing the rights of individuals to develop property, maintain views and privacy, and protect against fire and other hazards.

(Ord. 99-5 § 2 Exh. A (part))

17.24.2 - Definitions.

In this chapter, unless the context otherwise requires:

"Accepted arboricultural practice" means a practice recommended in current generally accepted textbooks and professional journals on arboriculture and tree care including but not limited to pruning standards published by the International Society of Arboriculture.

"Destroy" means to kill or to take action that could foreseeably endanger the health or vigor of a tree, including but not limited to, excessive or improper pruning of a tree, grade changes around or near a tree, excessive irrigation of a tree, and trenching within the dripline or protected perimeter of a tree.

"Development project" is a project requiring a building or grading permit.

"Diameter" means the distance across the tree from outside bark to outside bark measured at 4.5 feet above the natural grade of the tree.

"Director" means the Planning Director or his/her designated representative.

"Dripline" means the outermost edge of the tree's canopy. When depicted on a map, the dripline appears as an irregularly shaped circle that follows the contour of the tree's canopy as seen from above.

"Heritage tree" means a tree designated by the City Council because of the tree's association with some person or event of historical significance or because of its exceptional size which exceeds fifteen (15) inches in diameter, its condition, or its aesthetic qualities. The city shall maintain a heritage tree map, upon which each heritage tree must be identified. Each heritage tree shall be identified on the tree's site with a permanent marker or other approved city sign.

"Professional arborist" means a person certified as an arborist by the International Society of Arboriculture or a person who, as determined by the Director, is equally qualified in the field of arboriculture.

"Protected perimeter" means the area around the tree within the dripline plus a ten-foot-wide strip of ground surrounding the dripline.

"Pruning" means the selective removal of tree branches.

"Remove" means to cut down a tree or relocate a tree.

"Thinning" means the selective removal of a tree's branches and is used interchangeably with "pruning."

"Windowing" means to remove tree branches to permit view through the tree canopy.

(Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part))

A person may nominate a tree for designation by the City Council as a heritage tree. The City Council may seek a technical or professional evaluation of the proposed designation prior to taking action on the nomination. If the City Council approves the nominated tree and all the owners of property located within the dripline of the proposed heritage tree consent, the tree shall be officially registered by resolution, identified on the city's heritage tree map, and marked nearby with a sign.

(Ord. 99-5 § 2 Exh. A (part); Ord. No. 22-02, § 2(Att. A.7), 9-6-22)

An applicant who desires to remove, destroy or prune a heritage tree is required to file an application on a form provided by the city.

A.

Application. The application shall contain the following information on the form provided by the Planning Director together with the fee fixed by resolution:

1.

Each heritage tree to be altered, removed, destroyed or relocated;

2.

Justification statement setting forth the reasons for proposed alteration, removal, relocation or destruction of a heritage tree;

3.

Other pertinent information required by the Planning Director.

B.

Development Coordination. If a development project is proposed for the site, an application to remove, destroy or prune a heritage tree shall be submitted and reviewed concurrently with the building or grading permit application.

C.

Director Review. The Director shall inspect the tree and review the application. The Director may refer the application to another city department, board, commission or committee as considered appropriate and may require additional information considered necessary.

D.

Director Evaluation. No heritage tree may be removed or destroyed unless it poses a hazard or would impose extreme hardship on the property owner. The Director shall make such determination and recommend approval or disapproval of the application to the City Council based on the following factors and guidelines:

1.

The location and condition of the heritage tree with respect to disease, species, form, general health, public nuisance, danger of falling, proximity to existing structures and interference with utility services;

2.

The effect of tree removal, destruction or alteration on shade, views, privacy, fire safety, historic or scenic beauty and the general welfare of city residents;

3.

The topography of the land and the effect of tree removal on soil erosion and flow of surface water;

4.

The number, species, size and location of other trees in the area;

5.

Good urban forestry practice, including the collective health and vigor of trees in the neighborhood and the city;

6.

The necessity for alteration, destruction, removal or relocation in order to construct a required improvement within a public right-of-way or to construct an improvement that allows reasonable economic enjoyment of private property;

7.

The existence of any economical alternative to preserve the quality of the tree which led to its designation as a heritage tree, including but not limited to tree pruning, thinning, windowing and modification of building or grading plans.

E.

Conditions of Approval. The City Council may impose one or more of the following conditions of approval:

1.

If the City Council finds that no reasonable alternative to maintain the heritage tree in its existing location is available, and if the integrity of the heritage designation can be maintained through relocation of the

heritage tree, then the City Council may require that the applicant move the tree to a suitable location on a site shown on the approved plans, or on such public property as may be approved by the City Council.

2.

In the case of an application to prune, the applicant shall prune a heritage tree only under the on-site supervision of a professional arborist.

3.

The applicant shall comply with the care requirements of Section 17.24.4(F).

F.

Care of a Heritage Tree. In order to protect each heritage tree on a site where grading or building is to take place, an applicant shall meet the following requirements when required by the City Council:

1.

Before starting, the applicant shall securely fence off every heritage tree at the protected perimeter. The fence shall remain continuously in place for the duration of work undertaken in connection with the building or grading permit. The fenced area shall not be used as a storage area or altered or disturbed except as may be permitted by the Planning Director.

2.

If the proposed development or work on-site encroaches upon the protected perimeter of a heritage tree, the applicant shall take special measures, as approved by the Director, to allow tree roots to obtain oxygen, water and nutrients as needed.

3.

An authorized excavation, filling or compaction of the existing ground surface within the protected perimeter of a tree shall be minimized and subject to such reasonable conditions as may be imposed by the Director.

4.

No significant change in existing ground level shall be made within the dripline of a heritage tree.

5.

No burning or use of equipment with an open flame shall occur near or within the protected perimeter.

6.

All brush, earth and debris shall be removed in a manner that prevents injury to the tree.

7.

No oil, gas, chemical or other substance that may be harmful to a tree shall be stored or dumped within the protected perimeter of a heritage tree or at any other location on the site from which such substances might enter the protected perimeter of the tree.

8.

Trenching for utilities shall avoid interfering with roots of a heritage tree wherever possible. If complete avoidance of the root zone is impractical, a tunnel shall be made below the roots. A trench shall be consolidated to serve as many units as possible. Trenching and tunneling within the protected perimeter shall be avoided to the extent possible and shall be done only under the on-site supervision of a professional arborist.

9.

No concrete, asphalt or other impervious paving shall be placed within the protected perimeter of a heritage tree. No supplementary irrigation shall occur within the protected perimeter of a native oak.

G.

Expiration of Permit. A permit issued in conjunction with a building or grading permit is valid for the same period as the building or grading permit. Other permits are valid for sixty (60) days from date of issuance unless a longer period is stated in the permit. If the applicant does not begin work before the expiration date, the permit is void. Once work authorized by a permit is begun, it shall be expeditiously pursued to completion.

(Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part))

A permit is not required:

A.

When pruning is necessary either to prevent interference with or to maintain a public utility facility; however, such pruning shall conform to accepted arboricultural procedures;

B.

When a hazardous or dangerous condition requires immediate action to protect life or property;

C.

Under emergency conditions when ordered by a fire official, the Public Works Director, Parks and Recreation Director or City Manager;

D.

For a city project on city property or for a city project within the public right-of-way; provided, that the removal, destruction or pruning of the heritage tree is approved by the City Council.

(Ord. 99-5 § 2 Exh. A (part))

Nothing in this chapter imposes liability upon the city or upon its officers or employees or relieves the owner or occupant of private property from the duty to safeguard a heritage tree on that private property.

(Ord. 99-5 § 2 Exh. A (part))

Chapter 17.25 - HISTORIC LANDMARKS

Sections:

17.25.1 - Title.

This chapter may be cited as the historic landmark regulations.

(Ord. 99-5 § 2 (Exh. A (part))

The City Council declares that the preservation, protection, perpetuation, enhancement and use of sites, buildings, structures, trees, works of art and other objects having a special historical or architectural value is a public necessity and is desired and required in the interest and general welfare of the people of Orinda.

The purpose of this chapter is to provide a means to:

A.

Preserve, protect, perpetuate, enhance and use historic landmarks;

B.

Delay the sudden and arbitrary destruction of a historic landmark and to influence the remodeling of a landmark when such remodeling would have the effect of destroying or changing it;

C.

Safeguard the heritage of the city by preserving landmarks which reflect the city's cultural, archaeological, social, economic, political or architectural history;

D.

Protect and enhance the city's attraction to residents and visitors;

E.

Foster civic pride in the beauty and notable accomplishments of the past and enrich community life in its educational, patriotic, civic and cultural aspects;

F.

Preserve and encourage varied architectural styles reflecting various periods of Orinda's history;

G.

Protect scenic and historic trees which singularly exemplify the outstanding natural character of Orinda;

H.

Promote the use and preservation of historic landmarks for the general welfare of the people of Orinda;

I.

Foster knowledge and appreciation of the living heritage of the past;

J.

Take necessary steps to safeguard the property rights of the owner whose property is declared to be a landmark; and

K.

Provide for an intensive effort on the part of the city to obtain the owner's consent before a historic landmark is designated.

(Ord. 99-5 § 2 (Exh. A (part))

In this chapter unless the context otherwise requires:

"Change to a landmark" means:

1.

Exterior alteration;

2.

Destruction or removal;

3.

Interior alteration which would affect an area customarily open to the public and which has special historic or aesthetic value; or

4.

On-site physical change to the grounds as defined by this chapter which designates the site as a landmark.

"Historic landmark" or "landmark" means a site, building, structure, monument, tree, work of art or other object which is designated as a historical landmark under this chapter.

"Land use entitlement" means a building permit, grading permit, zoning change, conditional use permit, variance, sign permit, demolition permit, development plan approval, subdivision approval, change to a condition of approval, or similar approval involving property. It includes landmark improvement plan approval.

(Ord. 99-5 § 2 (Exh. A (part))

The City Council may designate by ordinance a site, building, structure, monument, tree, work of art or other object in the city as a historical landmark. The decision shall be based upon the criteria and findings in Section 17.25.5 and on the recommendation of the Planning Commission.

The ordinance designating a historic landmark shall include a description of the characteristics which support the designation and a description of the location and particular features intended to be preserved.

(Ord. 00-2 § 10: Ord. 99-5 § 2 (Exh. A (part))

In considering the designation of a historic landmark, the following criteria apply as appropriate. In order to designate a tree as a landmark, the City Council must find that the designation is consistent with the purpose of this chapter and find at least one of the following conditions. In order to designate a landmark other than a tree, the City Council must find that the designation is consistent with the purpose of this chapter and must find at least three of the following conditions:

A.

The character, interest or value is part of the development, heritage or cultural characteristics of Orinda, the state of California, the United States of America or Native Americans;

B.

The location is an area or site of a significant historic event;

C.

The proposed landmark is associated with a person who significantly contributed to the culture, history and development of the city;

D.

It represents a distinctive example of an architectural period, style or movement or its identification as the work of an architect or master builder whose work has influenced the development of the city;

E.

It contains elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation;

F.

It is a distinct work of art;

G.

It is associated with important religious, cultural, governmental or social factors in the development of the city; or it exemplifies the cultural, educational, economic, patriotic, social or historic heritage of the city;

H.

It has a unique location or a singular physical characteristic representing an established and familiar visual feature of a neighborhood or of the entire city.

(Ord. 99-5 § 2 Exh. A (part))

A.

A proposal for the designation of a landmark may be made by: (1) a member of the City Council upon recommendation of the Historic Landmark Committee or Planning Commission; or (2) the owner of property proposed to be designated. The city shall solicit the cooperation and participation of the property owner in the landmark designating process.

B.

The city shall inform the property owner of the effect of a landmark designation under this chapter at least thirty (30) days in advance of the public hearing.

C.

The proposal shall be submitted as an application to the planning department, on a form prescribed by the Planning Director. The proposal shall include:

1.

A clear identification and description;

2.

Photographs;

3.

An explanation of the historical background of the proposed landmark;

The reasons justifying the proposed designation;

5.

Other information which may be requested by the Zoning Administrator.

• (Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part))

17.25.7 - Recommendations and decision.

A.

Historic Landmark Committee Recommendation. The Historic Landmark Committee shall consider landmark nominations under Section 17.25.6, establish a list of proposed historic landmarks and submit a written recommendation to the Planning Commission, a copy of which shall be sent to the applicant and property owner within ten days of the Committee's decision. When the Committee is dissolved, the Planning Commission shall assume its functions.

B.

Planning Commission Action.

1.

The Planning Commission shall hold a public hearing on each nomination for a historic landmark. If the Planning Commission decision is to recommend designation as a historical landmark, the Planning Commission shall submit a written recommendation to the City Council, and shall have a copy sent to the applicant and property owner within ten days of its recommendation.

2.

If the Planning Commission's decision is to recommend that the property not receive designation as a historical landmark, its decision is final unless appealed to the City Council. The procedure for appealing a decision of the Planning Commission is the same as the procedure for appealing a decision of the Planning Commission for a conditional use permit.

C.

City Council Decision. The City Council shall hold a public hearing on each nomination for a historical landmark: (1) for which the Planning Commission has recommended approval; or (2) which is appealed from the Planning Commission. The Council may approve, approve with conditions or deny the designation. If it approves the designation, it shall do so by ordinance. The ordinance shall contain a full description of the landmark site boundaries and the primary features of the landmark which are considered to be of historical significance. A four-fifths vote of the City Council is required to approve a designation.

D.

When a landmark is designated by the City Council, the City Clerk shall within ten days of the decision: (1) send a copy of the ordinance to the applicant and the property owner; and (2) file a copy of the ordinance in the office of the County Recorder.

E.

Time Limit on Renomination. A proposal to designate the same site as a landmark may not be again considered for at least three years.

(Ord. 99-5 § 2 Exh. A (part))

17.25.8 - Time and manner of giving notice.

A.

When a public hearing is required under this chapter, the City Clerk shall mail notice of the hearing at least ten days in advance to the applicant, the property owner, all property owners within three hundred (300) feet of the proposed landmark, the homeowners association if any, in whose territory the proposed landmark is located, and any person who has filed a written request for notice with the City Clerk. The notice of the landmark designation public hearing to the property owner shall be by certified mail. Notice of the public hearing shall also be published in a newspaper of general circulation at least ten days before the hearing.

B.

The notice shall state the time and place of the public hearing, a general explanation of the matter to be considered and a brief description of the proposed landmark.

(Ord. 99-5 § 2 Exh. A (part))

A.

The City Council shall make its decision regarding a proposed landmark within six months from the time an application is submitted to the Planning Department.

B.

If final action on the proposed landmark designation is not taken within the time prescribed, the city shall decide upon the land use entitlement without considering the property as a landmark.

(Ord. 99-5 § 2 Exh. A (part))

The City Council may eliminate or modify the designation of a historical landmark by following the procedures for the original designation. A four-fifths vote of the City Council is required to eliminate or modify the designation.

(Ord. 99-5 § 2 Exh. A (part))

The Planning Department shall maintain a current list of the designated historical landmarks in the city. The department shall also maintain a list of the landmarks nominated or proposed under Section 17.25.6.

(Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part); Ord. No. 21-7, § 4, 11-2-21)

The city may not accept an application for a land use entitlement involving property for which a completed application for a proposed historical landmark designation has been submitted and is pending under Section 17.25.6. This title does not affect a land use entitlement application if the land use entitlement application precedes the application for historical landmark designation.

(Ord. 99-5 § 2 (Exh. A (part))

The designation of a landmark on a parcel does not affect the density of residential use permitted on that parcel under the general plan.

(Ord. 99-5 § 2 (Exh. A (part))

17.25.14 - Approval required for change to a landmark.

A.

No person may make a change to a historical landmark without first obtaining city action on the landmark improvement plan. This plan may be approved, conditionally approved or not approved in accordance with Section 17.25.17.

B.

The property owner may undertake construction to a historical landmark in an emergency to protect public safety. Emergency work requires a building permit but does not require landmark improvement plan approval. The owner shall do only the necessary emergency work and shall submit a report to the Zoning Administrator within fourteen (14) days after the emergency work begins describing the emergency circumstances and the scope of work.

(Ord. 99-5 § 2 (Exh. A (par))

An application for landmark improvement plan approval shall be submitted to the Planning Department on a form prescribed by the Zoning Administrator. The application shall be accompanied by such supporting information as is required to obtain the related land use entitlement, together with photographs of the landmark and a description of how the landmark will be affected by the proposed change.

(Ord. 99-5 § 2 (Exh. A (part))

A.

Zoning Administrator. The Zoning Administrator may grant landmark improvement plan approval where the application involves only minor changes to the landmark which do not materially affect the particular features intended to be preserved. A decision of the Zoning Administrator may be appealed to the Planning Commission. The Zoning Administrator shall advise the Planning Commission of his or her decisions under this subsection.

B.

Planning Commission. The Planning Commission is the reviewing body for applications not decided by the Zoning Administrator under Section 17.25.16(A). The Planning Commission shall hold a public hearing on the application and shall give notice as set forth in Section 17.25.8. A decision of the Planning Commission may be appealed to the City Council.

(Ord. 99-5 § 2 (Exh. A (part))

17.25.17 - Decision to approve or deny a change to a landmark.

A.

The reviewing body shall expeditiously grant landmark improvement plan approval if it finds that the proposed change:

1.

Will not adversely affect a significant historical or aesthetic feature of a historical landmark and is appropriate and consistent with the spirit and purpose of this chapter; or

2.

Is the necessary and appropriate method of correcting an unsafe or dangerous condition when the condition has been declared in writing to be unsafe or dangerous by the Chief Building Inspector, Fire Chief or Health Department Officer. In such case, only the work necessary to correct the condition is permitted. Such work shall be done with regard for preserving the landmark; or

3.

Is necessary to avoid extreme hardship to the owner or applicant because of conditions peculiar to the particular landmark and not created by an act of the owner. The burden is on the applicant to present evidence of extreme hardship.

The reviewing body may grant the landmark improvement plan approval subject to reasonable conditions.

B.

1.

If the landmark improvement plan does not meet the criteria set forth in subsection A of this section it shall not be approved. In this case, the Planning Commission may suspend action on the application for a period

not to exceed one hundred eighty (180) days. The City Council may extend the suspension for an additional period not to exceed one hundred eighty (180) days if the extension is approved not less than thirty (30) days nor more than ninety (90) days before the original one hundred eighty (180) day period expires.

2.

During the suspension period above, the Planning Commission shall consult with civic groups (such as the Orinda Historical Society, historical preservation organizations and public agencies) and interested citizens and shall make recommendations to the City Council for: (a) acquisition of the property by public or private entities; (b) relocation of structures; or (c) other reasonable measures taken with the consent of the owner, necessary to further the purposes of this chapter.

3.

If, at the end of the suspension period, the city has not taken measures to legally preclude issuance of the permit applied for, or if action has not been suspended, a permit for demolition or removal shall be approved and a permit for other land use entitlement shall be processed without regard to this chapter.

(Ord. 99-5 § 2 (Exh. A (part))

This chapter does not apply to a change to a landmark if, before March 12, 1987 (the effective date of this chapter): (1) the developer has obtained a building or demolition permit for the change; (2) actual construction or demolition work for the change is underway; and (3) the developer has incurred substantial expense in good faith reliance on the permit.

(Ord. 99-5 § 2 (Exh. A (part))

No fees shall be imposed by the city for the processing of a landmark designation application or for the review of a land use entitlement for a landmark.

(Ord. 99-5 § 2 (Exh. A (part))

The designation of property as a landmark does not give the public the right to enter the property.

(Ord. 99-5 § 2 (Exh. A (part))

If the owner of a landmark requests a variance to modify zoning regulations as they apply to the landmark property, the Planning Commission may determine that the designation as a historical landmark constitutes a "special circumstance" applicable to the subject property within the meaning of Section 17.33.2(A) and Government Code Section 65906.

(Ord. 99-5 § 2 (Exh. A (part))

The City Council, through implementation of the historic landmarks ordinance, has identified the importance of preserving historic structures as a positive benefit to the citizens of the City of Orinda and in support of economic development of the city. To further this end, the City Council is encouraging the owners of qualifying historic properties to participate in preserving historic landmarks by making available the use of the property tax relief incentives program known as the Mills Act. A qualifying property is one which is designated an historic landmark pursuant to this chapter. The framework for use of the Mills Act by a city is provided in Government Code Sections 50280—50290.

(Ord. 99-5 § 2 (Exh. A (part))

Property owners may enter into a Mills Act contract with the City of Orinda only after receiving a designation of historic landmark pursuant to this chapter. Mills Act contracts must be reviewed and approved by the City Council. The contract is to be entered into between the City Manager and the property owner, with an indication that the contract complies with the requirements of Government Code Sections 50280—50290. The contract shall be subject to final approval by the City Attorney as to form and

legal substance. No later than twenty (20) days after the parties execute and enter into agreement on a Mills Act contract, the city shall cause the agreement to be recorded in the office of the County Recorder of the county of Contra Costa.

(Ord. 99-5 § 2 (Exh. A (part))

This chapter does not exempt a property owner from the requirement to maintain conformance with the remainder of this chapter as to the designation and regulations of historic landmarks. In the event of conflict between the property maintenance agreement under a Mills Act contract and the remainder of this chapter, the latter shall take precedence.

(Ord. 99-5 § 2 (Exh. A (part))

Chapter 17.30 - DESIGN REVIEW

A.

The purpose of design review is to preserve and enhance the semi-rural character of Orinda, maintain property values, conserve and enhance the visual character of the community and protect the public health, safety and general welfare of its citizens. The appearance of, and relationship between, open spaces, buildings and structures has a material and substantial relationship to the public health, safety and general welfare. Residential and commercial neighborhoods can and will deteriorate because of poor planning, neglect of proper design standards, inappropriate development on lots which are constrained by their size or shape or other physical characteristics, and the existence of buildings and structures unsuitable to and incompatible with the character of the neighborhood and the character of the community.

These changes, in turn, adversely affect property values and levels of maintenance and improvement of surrounding properties.

B.

Conversely, the quality of life and stable property values are enhanced by appropriate and diverse architectural designs which creatively reflect the predominantly restrained architectural character of Orinda's existing homes. For example, design elements which would be appropriate in spacious, secluded surroundings and which make grand or expansive architectural statements (such as high arches, masonry veneer columns and steep roof pitches), are not appropriate for smaller homes or homes with minimum or near-minimum setbacks. Generally, design features should emphasize horizontal elements such as the use of roof forms that de-emphasize the building's height and mass and provide visual relief, the recessing of the second story plane, and the use of low porches, arbors and breezeways that break up the perception of visual height from the street.

(Ord. 99-5 § 2 Exh. A (part))

Design review approval under Section 17.30.3 and special design review approval under Sections 17.30.6, 17.30.7 and 17.30.8 are not entitlements; approval of the design of any home subject to design review under this chapter shall be in the reasonable discretion of the Planning Commission or the Zoning Administrator based on the required standards. If special design review under Sections 17.30.6, 17.30.7 or 17.30.8 is required, design review under Section 17.30.5 shall also be required. Where a standard in this chapter relates to the visual context of the neighborhood, the structures to which the proposed project shall be compared shall be those which are substantially in compliance with this title.

(Ord. 99-5 § 2 Exh. A (part))

To the extent permitted under state law, design review approval prior to issuance of a building permit is required for a project which meets any one or more of the following descriptions:

A.

Single-Family Residential Projects.

1.

A new single-family home that is not a renovation;

2.

An addition which exceeds one thousand (1,000) square feet;

3.

An addition which creates a second story above an existing single story residence and an addition of a second story under an existing single story residence if the City receives a request for design review where

one does not presently exist;

4.

An addition over one hundred ninety-nine (199) square feet in size which:

a.

Is proposed on a small or narrow lot as defined in Section 17.30.8 of this chapter; or

b.

Will result in a residence with a total floor area exceeding seven thousand (7,000) square feet, as provided in Section 17.30.6 of this chapter.

5.

An addition over five hundred (500) square feet of floor area and over eighteen (18) feet in height located partially or entirely in the ridgeline or environmental preservation overlay district, except as provided in Section 17.5.6 of this chapter;

6.

An addition that results in a home that is larger than the maximum permissible floor area without design review under Chapter 17.6;

7.

A renovation which includes changes in doors or windows, or both, and an affected neighbor requests design review in accordance with Subsection 17.42.1.B. of this title. All other renovations are exempt from design review so long as proof is made according to Planning Department requirements that the project meets the definition of a renovation;

8.

An addition, including one under two hundred (200) square feet, will be subject to design review if an approval for either a new residence or for an exterior addition has been granted for the property within the past five years from the time of the subject application and design review would have been required under this section for the multiple projects combined and deemed to be a single project;

9.

An addition of newly created habitable space in an attic or basement which is fully contained within the building envelope of any conforming or legally nonconforming single-family residential structure, as determined by the Zoning Administrator and an affected neighbor requests design review under Subsection 17.42.1.B. of this title.

B.

Other Projects. Design review approval is required prior to the following types of development:

1.

A new nonresidential building in the DC, DCOR, DG, DO, PS, PR, OS, PD, and SP districts.

2.

An exterior change of any nonresidential building in any district, except for repair work and minor alterations as determined by the reasonable discretion of the Zoning Administrator. Changes that affect the exterior of a nonresidential building shall include proposed changes to signs and commercial brand identification materials, including but not limited to exterior color changes.

3.

A new, multifamily residential building in the RM, RH, DC, PD, and SP districts.

(Ord. 05-07 § 7: Ord. 04-06 § 3; Ord. 03-03 § 5; Ord. 02-03 §§ 24, 25; Ord. 99-5 § 2 Exh. A (part))

(Ord. No. 10-03, § 2(exh. A), 4-20-10; Ord. No. 10-10, § 2(exh. A), 1-4-11; Ord. No. 17-03; § 2(Att. A), 8-117; Ord. No. 25-05, § 2(Att. A § 4), 11-3-25)

17.30.5 - Basic design review standards.

A.

Standards. To approve a project or to approve it with conditions, the decision-maker shall make findings of fact to support each of the following standards:

1.

Siting and Neighborhood Context. The proposed development is designed and located on the site so that it is visually harmonious with, but not necessarily identical to, other structures in the neighborhood. The proposed development is designed to blend into the existing landscape and natural context, protect undeveloped ridgelines and hillsides, maintain the dominance of wooded and open ridges and hillsides, and preserve significant or unique scenic vistas.

2.

Design. The design elements are visually harmonious, in scale with the size of the structure, and balance environmental considerations. If the proposed development is an addition or remodel of an existing structure, the existing construction and proposed construction are visually harmonious. Facades and exterior walls shall be designed to reduce the blocky or massive features of building surfaces and provide articulation.

3.

Privacy, Views, Light and Air. The proposed development does not impair the existing views, block access to light and air or infringe on the privacy of neighbors in a substantial fashion. In considering this factor, decisionmakers shall balance the importance of minimizing impacts on neighboring properties and the applicant's ability to develop the property. The term "view" shall be defined in Section 17.22.4.

4.

Landscaping. Primary landscaping elements complement and are appropriate for the structure, the site, and the neighborhood.

B.

Conditions. The decision-maker may impose conditions of approval including changes to development standards in Chapter 17.4, subject to making findings for the applicable variance or exception, if applicable, or may deny the application.

C.

Guidelines. The City Council may adopt general design guidelines for reference.

D.

Inapplicability to Certain Facilities. The above basic design review standards shall not apply to a Senior Housing Facility (as that term is defined in Section 17.2.3) proposed in a Senior Housing Overlay District (SH-Overlay) or to multifamily dwellings proposed in the High Density Overlay District (-HD Overlay). Design review of such proposals shall instead be governed by the standards contained in Section 17.30.11.

(Ord. 07-07 §§ 8—10; Ord. 02-03 § 26 (part): Ord. 99-5 § 2 Exh. A (part))

(Ord. No. 10-03, § 2(exh. A), 4-20-10; Ord. No. 10-11, § 5, 12-21-10; Ord. No. 13-03, § 2(Att. A), 12-17-13)

17.30.6 - Special design review—Very large homes.

A.

Intent. The general plan defines Orinda as a semi-rural community characterized by a predominance of houses which are small in relationship to the size of their lots. On larger lots, it is possible that special design features can be employed which allow for a very large home to outwardly appear as a smaller home in keeping with Orinda's semi-rural character. In addition, a lot's shape, topography, orientation or existing vegetation, or any combination of such factors, may also allow for the potential of a larger home by reducing its visibility.

B.

Special Design Review Requirement. A new home that is seven thousand (7,000) square feet or more, an addition to an existing home that is seven thousand (7,000) square feet or more, or an addition resulting in a home with a total floor area of seven thousand (7,000) square feet or more shall be subject to special design review under this section. The Planning Commission must make findings of fact in support of each of the following standards:

1.

The development projects the visual character of a home which appears smaller than its actual floor area, employing vegetation and architectural features and details which subdue, rather than accentuate, the prominence of the structure.

(Ord. 07-07 § 11; Ord. 02-03 § 26 (part): Ord. 99-5 § 2 Exh. A (part))

17.30.7 - Special design review for severely sloped development footprints and lots within the R overlay zone.

A.

Intent. A heightened level of scrutiny is required for certain development projects on severe slopes and on lots in the ridgeline and environmental preservation overlay district in order to minimize visual disruption of the dominant natural elements of Orinda's semi-rural landscape.

B.

Special Design Review Requirements. A project which is: (1) subject to design review under Sections 17.30.3, 17.30.6 or 17.30.8; and (2) has a severely sloped development footprint or is on a lot in the ridgeline and environmental preservation overlay district (except as provided in Section 17.5.6) shall also obtain design review approval under this section. For purposes of this section, the term "severely sloped" means an average slope of twenty (20) percent or more, and the term "development footprint" means the portions of a lot which are altered by grading or by a structure.

C.

Standards. The Planning Commission shall review the design of a proposed project subject to this section. To approve the project or to approve it with conditions, the Planning Commission shall make findings of fact to support each of the following standards:

1.

The project is in substantial compliance with the hillside and ridgeline design guidelines.

2.

For severely sloped development footprints, the floor elevations of the residence shall respond to the existing topography so that the apparent mass is reduced rather than accentuated. Generally, foundations shall be cut into the hillside, with retaining walls concealed by and integral to the proposed structure. Floor elevations shall step with the hillside's existing grades, and skirt walls higher than six feet are generally to be avoided.

3.

For ridgeline lots, the natural appearance of the ridgeline is preserved to the greatest extent possible, minimizing the addition of machine-made features to the natural silhouette of the ridge as viewed from throughout the community.

D.

Additional Considerations. In making its determination on a project in the R-overlay district under this section, the Planning Commission may consider the following concepts to the extent that they are applicable to the proposed project:

1.

Generally, development of new homes and major additions should be limited to that portion of the site where the development will not protrude above a line sloping downward at an inclination of fifteen (15) degrees from the horizontal intercept of the center line of the ridge, the line running along the highest point of the ridge, the ridgeline.

2.

On ridgeline lots where development already exists, or on undeveloped lots where development on the ridgeline can be shown to be less visually disruptive than development elsewhere on the property, a project on the ridgeline may be approved if the height, massing and color of the architectural elements reduce the potential visual intrusion to a relatively insignificant level.

(Ord. 02-03 § 26 (part): Ord. 99-5 § 2 Exh. A (part))

17.30.8 - Special design review—Small and narrow lots.

A.

Intent. The size and configuration of a house on a lot which is small, narrow, or both, requires additional scrutiny and potential regulatory flexibility to ensure that sufficient open space and landscaping is provided and that building mass will be restrained, to reflect Orinda's semi-rural character and the visual context of the neighborhood.

B.

Requirement for Review. A new single-family residence or an addition of two hundred (200) square feet, or larger, on a lot which has either: (i) a net lot size of less than five thousand (5,000) square feet; or (ii) both a front width and an average width of less than fifty (50) feet shall be subject to special design review under this section. The Planning Commission must make findings of fact in support of each of the following standards:

1.

The development projects the visual character of a home which appears smaller than its actual floor area, employing vegetation and architectural features and details which subdue, rather than accentuate, the prominence of the structure.

C.

Adjustments. Given the limited size and width of such lots, and to assure that the building is compatible with the existing context, adjustments may be made as conditions of approval under this chapter. For example, and without limitation, the Planning Commission may limit a building to a single story, reduce allowable building height and floor area, and increase setback as appropriate under the circumstances. In addition, for the same reasons, the Planning Commission may grant exceptions from quantitative requirements pursuant to Chapter 17.32. For example, a reduction in setbacks or a reduction in required parking for a one- or two-bedroom home may be appropriate to achieve contextual compatibility.

(Ord. 07-07 § 12; Ord. 99-5 § 2 Exh. A (part))

Editor's note— At the request of the City § 17.30.9 has been removed from the Code of Ordinances. Former § 17.30.9 was entitled "Special design review—Combination project," which derived from Ord. 0406 § 4 (part), adopted September, 2004.

Any project in a downtown district identified in Chapter 17.8 that is subject to design review under Subsection 17.30.3.B shall be required to meet the City of Orinda downtown design guidelines in effect at the time of the hearing.

(Ord. 04-06 § 4 (part); Ord. 02-03 § 27 (part); Ord. No. 25-05, § 2(Att. A § 5), 11-3-25)

17.30.11 - Senior housing facility, multifamily housing, and high density design review.

A.

Standards. To approve or approve with conditions a Senior Housing Project, as defined in Section 17.2.3, located within a Senior Housing Overlay District, the Planning Commission shall make findings of fact to support each of the following standards. These standards shall also apply to proposed multifamily dwellings in the RM and RH districts, including those in the High Density Overlay District (-HD Overlay) district. These standards apply only to the extent permitted under state law:

1.

The proposed development is designed to respect the scale and tranquility of nearby properties and does not impair the existing views, block access to light and air or infringe on the privacy of neighbors in a substantial fashion. In considering this factor, decisionmakers shall balance the importance of minimizing impacts on neighboring properties and the applicant's ability to develop the property. The term "view" shall be defined in Section 17.22.4.

2.

The development is pedestrian-oriented with pedestrian connections to adjoining public streets and parks and vehicular parking does not overwhelm the character of development.

3.

The visible mass of the building is minimized and facades highly visible from nearby off-site vantage points are designed to reduce the blocky or massive features of building surfaces and provide articulation and visual interest.

4.

Primary landscaping elements consist mainly of locally native species. Landscaping shall provide substantial screening from off-site vantage points and, as appropriate, side and rear yard landscaping.

Landscaping shall blend with the design of the development, enhance the visual quality of the streetscape, and help achieve design consistency with the character of the neighborhood.

5.

The development is designed to relate to the natural and man-made context of the site including on- and off-site views of the hills and open space areas; solar access for on-site common areas and adjacent properties; creek preservation, restoration and orientation; and preservation of street trees. The proposed development is designed to protect undeveloped ridgelines and hillsides and preserve significant or unique scenic vistas.

6.

Development on parcels in excess of one acre is designed to avoid monolithic undifferentiated building masses.

(Ord. No. 10-11, § 7, 12-21-10; Ord. No. 13-03, § 2(Att. A), 12-17-13; Ord. No. 16-03, § 2(Att. A), 4-12-16; Ord. No. 25-04, § 2(Att. A, § 7), 11-3-25)

17.30.12 - Duration of design review approval.

Design review approvals terminate as specified in Section 17.44.1.

(Ord. 04-06 § 4 (part); Ord. 02-03 § 27 (part); Ord. 99-5 § 2 Exh. A (part))

(Ord. No. 10-11, § 6, 12-21-10; Ord. No. 15-02, § 2(Exh. A), 11-20-15)

Chapter 17.31 - GENERAL USE PERMIT

Sections:

Certain uses have the potential to adversely impact the neighborhood and the zoning district in which they are located. To ensure that such uses conform to the general plan and the purposes of the zoning district in which they are located and to ensure that such uses will not adversely impact their surroundings, obtaining a general use permit prior to commencing the use is required by this Title 17. If a general use permit is required, the provisions of this chapter shall apply.

(Ord. 99-5 § 2 (Exh. A (part))

A use permit may be granted after a noticed hearing if findings of fact in support of each of the following standards are made:

A.

The use is consistent with the Orinda general plan, any applicable specific plan and the purposes of the zoning district in which it is located.

B.

The use is of benefit to Orinda residents.

C.

The use will be properly related to other adjacent land uses and to transportation and service facilities in the vicinity.

D.

Under all the circumstances and conditions of the particular case, the use will not have a material adverse effect on the health or safety of persons residing or working in the vicinity.

E.

The use will not contribute to a substantial increase in the amount of noise or traffic in the surrounding area.

(Ord. 99-5 § 2 (Exh. A (part))

In granting a general use permit, the decisionmaker may impose conditions which are necessary to ensure that the above standards are met.

(Ord. 99-5 § 2 (Exh. A (part))

Chapter 17.32 - EXCEPTIONS

Sections:

An exception is a discretionary permit to deviate from certain quantitative requirements of Title 17. It is intended to provide a degree of design flexibility in the application of certain quantitative regulations in this title, so that factors of site design, architecture and impacts on neighbors' views and privacy, if any, can be addressed. For example, a wide variety of lot sizes, shapes and topography exists within a single zoning district in Orinda. There are also many older homes and other buildings built prior to zoning regulations. These preexisting conditions relating to location and surroundings create situations where the strict application of zoning standards could lead to development which is contrary to the general plan goals of preserving the community's existing semi-rural character. Likewise, strict application of zoning standards could deprive a particular parcel of opportunities for design flexibility where there is no adverse impact to be regulated. In such circumstances, there is a benefit to the public to avoid unintended regulatory results.

(Ord. 99-5 § 2 Exh. A (part))

An exception from the development standards for setbacks, height, the number of stories, fences and retaining walls, single-family residential parking requirements, number of replacement trees, and for maximum lot coverage and minimum landscape area under this title may be granted.

A.

Examples. Such exceptions may include, but are not limited to the following examples:

1.

A shifting of the building mass into a required setback, which thus allows for a greater than required setback elsewhere on the property, which may be needed to reduce an off-site impact on an adjoining neighbor. In such cases, the resulting setback encroachment may be of lesser community impact than had the alternate setback be constructed within the setbacks;

2.

A reduction in setback requirement, an increase in height of a building, fence or retaining wall which exceeds the permitted standard, or any combination of such deviations which are either: (1) necessary to respond to the limitations created by the characteristics of the site or an existing structure; or (2) desirable to enable greater design flexibility where appropriately mitigated by the site's unique characteristics;

3.

An allowance to exceed the height or story limitations in cases where such development would be less intrusive visually or environmentally than a similarly sized more horizontal building mass;

4.

A reduction in setback requirements to allow architectural elements such as arbors, trellises, porches and breezeways which will visually enhance the appearance of existing nonconforming structures;

5.

A decrease in front yard setback for garage placement for nonfront-loading garages (swing entry) on narrow lots or hillside lots, reducing the visual bulk and further articulating the building mass;

6.

On-site retaining walls greater in height than those allowed by Section 17.4.27 of this title which are not visible from off-site locations;

7.

A home of unusual design, or a home with a striking feature which is not visible to the general public or neighboring properties because of the physical characteristics of the site;

Reserved;

9.

Outdoor dining which does not meet the regulation specified in Subsection 17.8.5.I of this title;

10.

Take-out restaurants which do not meet the regulation specified in Subsection 17.8.5.I of this title.

B.

Exemptions for Existing Nonconformities. An exception from the development standards for setbacks, height, the number of stories, fences and retaining walls, single-family residential parking requirements, and for maximum lot coverage and minimum landscape area under Chapter 17.8 of this title shall not be required for the following types of projects:

1.

A renovation as defined in Section 17.2.3 of this title.

2.

A small home addition described in Subsection 17.19.3.D of this title.

3.

An attic or basement conversion as described in Subsection 17.19.3.E of this title.

4.

A renovation with a change in a door or window as described in Subsection 17.19.3.C, except when there is an existing setback nonconformity and review of that setback nonconformity is requested by an affected neighbor under Subsection 17.42.1.B of this title.

(Ord. 07-07 § 13, 2007; Ord. 07-02 § 4, 2007; Ord. 05-07 § 8: Ord. 03-03 § 6; Ord. 99-5 § 2 Exh. A (part))

(Ord. No. 10-03, § 4, 7-20-10; Ord. No. 10-10, § 2(exh. A), 1-4-11; Ord. No. 12-01, § 3, 3-20-12; Ord. No. 17-03; § 2(Att. A), 8-1-17)

A permit for an exception must be obtained prior to obtaining a building permit. If the exception is sought in connection with an application to be reviewed by the Planning Commission, the Planning Commission is authorized to issue the exception permit.

(Ord. 99-5 § 2 Exh. A (part))

An exception as provided in Section 17.32.2 may be granted if findings of fact in support of each of the following standards are made, except that subsection D of this section applies only to signs:

A.

The strict application of the respective zoning regulations will either: (1) deprive the subject property of rights enjoyed by other properties in the vicinity and within the identical land use district, because the site's unique characteristics, such as an irregular or constrained size, shape or topography, or limitations created by the site's existing development, limit design options available to the subject property; or (2) serve no land use planning purpose under this title or the general plan because of the absence of any negative impact whatsoever on the semi-rural character of Orinda or on the privacy, views and general well-being of neighboring properties as a result of the size, shape, location or topography of the site.

B.

The exception will result in development which substantially complies with the intent and purpose of the requirements, including design review, of the land use district in which the subject property is located.

C.

For a project affecting an existing structure:

1.

The exception does not substantially increase the degree of an existing nonconformity; and

2.

The exception is necessary to preserve or enhance a feature of the existing structure which is architecturally or functionally appropriate.

D.

An exception from sign size limitations is necessary for the sign to remain proportional to preexisting architectural features or site conditions.

(Ord. 99-5 § 2 Exh. A (part))

(Ord. No. 10-10, § 2(exh. A), 1-4-11)

An exception shall be subject to such conditions as will assure that the adjustment does not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity and zone in which the subject property is situated.

(Ord. 99-5 § 2 Exh. A (part))

Chapter 17.33 - VARIANCES

A variance from any restriction, limitation or other requirement of this title is discouraged unless it will result in a public benefit.

(Ord. 99-5 § 2 Exh. A (part))

A.

Variance Required. A variance from any one or more of the regulations of this title may be granted by the decision-maker when findings of fact are made in support of each of the following standards, in accord with Section 65906 of the Government Code:

1.

Because of special circumstances concerning the subject property including size, shape, topography, location or surroundings, the strict application of the zoning regulations deprives the property of privileges enjoyed by other properties in the vicinity and in the same zoning district;

2.

The variance will not constitute a grant of special privilege which is not generally available to other property in the vicinity and in the same zoning district;

3.

The variance substantially complies with the intent and purpose of the zoning district to which the property is classified by not authorizing a use or activity which is not otherwise expressly allowed; and

4.

In the case of a variance from open space regulations, it is also found that the variance will not conflict with general plan policies governing orderly growth and development and the preservation and conservation of open space lands.

B.

Variances from Parking Requirements for Nonresidential Uses in the DC and DO Districts.

1.

For nonresidential uses in the DC (Downtown Commercial) and DO (Downtown Office) Districts only, the City may approve a variance allowing for the payment of fees in lieu of satisfying some or all of the otherwise applicable parking requirements. The following findings must be made in support of the requested variance, in accord with Section 65906.5 of the Government Code, instead of those required by subsection A, above:

a.

The variance will be an incentive to, and a benefit for, the nonresidential development.

b.

The variance will facilitate access to the nonresidential development by patrons of public transit facilities, particularly guideway facilities.

2.

Fee Amount. The amount of the Parking Variance In-Lieu fee shall be as established by City Council resolution. The fee shall be set on a sliding scale, increasing as it is used for more spaces.

3.

Deposit of Funds. Parking in-lieu fees shall be deposited with the City of Orinda prior to issuance of the building permits and shall be used and expended by the City to increase the supply or reduce the demand for public or private parking, which could cover a range of items such as funding additional parking facilities as well as infrastructure improvements and transportation demand management (TDM) programs; leasing of available private spaces; or other programs as approved by the City Council. If there is no building permit for the project, the in-lieu fee shall be paid upon issuance of the first City permit or other approval. If no City permit or other approval is required, and the obligation to pay the fee is triggered by a change in use, payment of the fee must be made before the change of use occurs.

C.

Exemption for Small Projects. A variance under this chapter shall not be required for existing nonconformities for the following types of projects:

1.

A renovation as defined in Section 17.2 of this title.

2.

A small home addition described in Subsection 17.19.3.D of this title.

3.

An attic or basement conversion as described in Subsection 17.19.3.F of this title.

4.

A renovation with a change in a door or windows as described in Subsection 17.19.3.C of this title.

(Ord. 05-07 § 9: Ord. 03-03 § 7: Ord. 00-2 § 11; Ord. 99-5 § 2 Exh. A (part); Ord. No. 10-10, § 2(exh. A), 1- 4-11; Ord. No. 20-01, § 2(Att. A), 1-21-20)

The decision-maker may impose conditions on the grant of a variance which are necessary to ensure that the above standards are met.

(Ord. 99-5 § 2 Exh. A (part); Ord. No. 10-10, § 2(exh. A), 1-4-11)

Chapter 17.34 - WIRELESS COMMUNICATIONS FACILITY PERMIT

Sections:

The purpose of this chapter is to regulate wireless communications facilities consistent with the intent of the City of Orinda general plan as follows:

A.

Establish development standards to regulate the placement and design of wireless communications facilities in order to preserve the unique semi-rural character of the city;

B.

Utilize the best available technology to enable adequate coverage in a manner which will assure the health and safety of residents, protect the physical environment and minimize adverse visual impact;

C.

Establish development standards which are consistent with federal law related to the development of wireless communications facilities;

D.

Acknowledge the community benefits associated with the provision of wireless communications services within the city, particularly the provision of emergency services such as police and fire;

E.

Encourage stealth design of wireless communications facilities if located at visually prominent sites;

F.

Pursue additional public benefit by encouraging the leasing of publicly owned properties, where appropriate, for the development of wireless communications facilities;

G.

Encourage the location of wireless communication facilities in the downtown area and generally discourage the location of such facilities in residential districts and visually sensitive areas.

(Ord. 99-5 § 2 (Exh. A (part))

In this chapter, unless the context otherwise requires:

"Antenna" means a device used in communications which transmits or receives radio signals.

"Applicant" means owner(s) of property (and, where applicable, easements) upon which wireless communications facilities are to be located;

"Architecturally significant modification" means a structural addition to an existing structure, other than a wireless communications facility, that is visually obtrusive and is integrated into the architecture of the existing structure, including but not limited to, new or modified parapets, roof elements and signage.

"Co-location" means the location of two or more wireless communications facilities on a single support structure, or otherwise sharing a common location. Co-location shall also include the location of wireless communications facilities with other utility facilities and structures such as, but not limited to, water tanks, transmission towers and light standards.

"Cell site" means a parcel developed with wireless communications facilities. Other uses may or may not also be present on the site.

"Environmental preservation zone" means those areas shown on the North Orinda specific plan map designated as "environmental preservation," adopted November 21, 1978, and as may be subsequently amended, on file in the city offices.

"Equipment enclosure" means a cabinet or other structure used to house equipment associated with a wireless communications facility.

"Facade-mounted antenna" means an antenna that is directly attached or affixed to any facade of a building or other structure.

"Ground-mounted antenna" means an antenna with its support structure placed directly in the ground, the total height of which does not exceed eighteen (18) feet from finished grade including the height of the antenna and any above grade support structure.

"Monopole" means a single freestanding pole, post or similar structure over eighteen (18) feet in height from finished grade used to support equipment associated with a wireless communications facility.

"Related equipment" means all equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors.

"Revocation" means the termination of any city granted zoning administrator permit, wireless communications facility permit or development plan permit pursuant to the procedures established for land use permits in Chapter 17.31 of the Orinda Municipal Code (or pursuant to these sections as amended from time to time).

"Ridgeline area" means those areas shown on the United States Geological Survey 7.5 minute map labeled "Orinda Ridgeline Map," dated July 23, 1985, and as may be subsequently amended, on file in the city offices.

"Roof-mounted antenna" means an antenna directly attached or affixed to the roof of an existing structure.

"Roofline" means the exterior roof to which a roof-mounted facility is affixed.

"Scenic corridor routes" means those areas designated as scenic corridors in the Orinda general plan: Moraga Way from its intersection with Camino Pablo south to the city limits; Camino Pablo from its intersection with Santa Maria Way north to the city limits; and Highway 24, designated as a California Scenic Highway within the city limits.

"Service provider" means any authorized provider of wireless communications services.

"Stealth facility" means any wireless communications facility which is designed to blend into the surrounding environments by means of screening, concealment or camouflage. The antenna and supporting antenna equipment are either not readily visible beyond the property on which it is located, or, if visible, appears to be part of the existing landscape or built environment rather than appear to be a wireless communications facility

"Telecommunication tower" means a freestanding tower (other than a monopole) that is over eighteen (18) feet in height from finished grade and is designed to support antennas. A lattice tower is an example of a telecommunications tower.

"Trail corridors" means existing and proposed trail corridors as identified in Figure 3 of the Orinda general plan.

"View corridors" means those areas identified in the City of Orinda's view preservation ordinance, which include: Mt. Diablo; prominent features of the East Bay Hills, such as Round Top, Huckleberry Preserve and Tilden Park; Briones Reservoir; and Briones Agricultural Preserve.

"Visually sensitive areas" means environmental preservation zones, ridgeline areas, scenic corridor routes, trail corridors and view corridors.

"Wireless communications facility" means facilities that transmit and/or receive electromagnetic signals for the following technologies: cellular technology, personal communications services (PCS), enhanced specialized mobile radio services and paging systems. It includes antennas and all other types of equipment used in the transmission or receipt of such signals; structures designed or placed specifically to support this equipment; associated equipment cabinets and/or buildings; and all other accessory development. It does not include radio towers, television towers and specialized public safety networks.

"Wireless communications facilities master plan" and "master plan" mean the five-year plan, required with the submission of an application for a wireless communications facility, that is described in detail in Section 17.34.10 of this chapter.

(Ord. 99-5 § 2 (Exh. A (part))

17.34.3 - Permitted wireless communication facility locations.

Subject to the requirements of this chapter, a wireless communications facility may be allowed in

commercial districts, on publicly-owned or utility-owned property, and on property used for utility facilities and structures. A wireless communications facility shall not be located in a residential district or in a visually sensitive area unless it is determined by the city that there is no other alternative location for the carrier to provide adequate coverage. In order to encourage the location of wireless communications facilities in

utility-owned property, and on property used for utility facilities and structures. A wireless communications facility shall not be located in a residential district or in a visually sensitive area unless it is determined by the city that there is no other alternative location for the carrier to provide adequate coverage. In order to encourage the location of wireless communications facilities in

specified locations where visual and other land use impacts are minimized, staff review under Section 17.34.6(A) is permitted. For all other sites, heightened scrutiny under Section 17.34.6(B) shall be required.

(Ord. 99-5 § 2 (Exh. A (part))

The following standards shall apply to a new wireless communications facility within the City of Orinda:

A.

A carrier shall not prohibit the use of a parcel by other carriers if that carrier is not the property owner.

B.

A wireless communications facility shall be visually unobtrusive and compatible with the surroundings. To make this determination, the Planning Commission or Zoning Administrator may require that evidence be presented concerning: (1) the minimum height and size necessary for the facility to perform its intended function; and (2) whether the facility is necessary for effective coverage.

C.

All ground-mounted wireless communications facilities shall be camouflaged by structures, topography and landscaping.

D.

Wireless communications facilities shall not violate the provisions of the tree management regulations in Chapter 17.21.

E.

All roof-mounted wireless communications equipment antennas, poles and equipment enclosures shall be located in the least visible location.

F.

Coaxial cables, conduit lines and other electrical boxes for ground-mounted antennas shall be placed underground or within the approved structures. Coaxial cables and conduit lines for roof and facademounted antennas shall be placed or camouflaged to minimize their visual impact.

G.

A wireless communications facility shall comply with all applicable Federal Communications Commission's standards for radio frequency radiation emission and shall not adversely affect the public health, safety or welfare.

H.

Monopoles and telecommunications towers are prohibited unless the decisionmaker determines that no reasonable alternative is available to the carrier to provide personal wireless services.

I.

Stealth antenna design shall be encouraged, including the incorporation of antennas within attics, steeples, existing towers, fence posts, chimneys, artificial rock structures, artificial trees, behind or below building parapets, or concealed within building additions that are compatible with the existing building or architecture.

J.

If the facility is proposed for a single-family residential zone or in a ridgeline area, a minimum three hundred (300) foot setback shall be provided between a wireless communications facility (except for the associated PG&E meter) and the nearest residential structure on an adjacent parcel, unless the facility is incorporated within or attached in a stealth manner to the main structure on the parcel or is attached to a public utility structure in a visually unobtrusive manner.

K.

If located in a ridgeline or environmental preservation overlay zone, the wireless communications facility complies with Chapter 17.5.

L.

No wireless communications facility may exceed the maximum height permitted for the main structure in any zone, except that roof-mounted and facade-mounted facilities in nonresidential zones or on public, semi-public or nonprofit buildings may project up to fifteen (15) feet above the roofline of the existing structure regardless of total height. Wireless communications facilities attached to a public utility structure may not exceed the existing height of the public utility structure regardless of total height.

(Ord. 99-5 § 2 (Exh. A (part))

In determining whether to grant or deny approval for a wireless communications facility, the Planning Commission or Zoning Administrator may attach such conditions as are necessary to ensure visual and land use compatibility with the surroundings, to protect existing vegetation and to minimize the proliferation of such facilities, including but not limited to:

A.

The wireless communications facility shall have a nonreflective finish and be painted to be compatible with surrounding architecture and landscaping to minimize visual impacts;

B.

If not screened from view, equipment enclosures shall be compatible with the design scale, materials, colors and landscaping of other existing structures on the site;

C.

Stealth design of antennas shall be required as necessary to minimize visual impact;

D.

Additional landscaping or other screening shall be provided;

E.

Existing and proposed landscaping around the proposed facility, as identified in the project plans, shall be maintained in good condition (including installation of an irrigation system, if necessary) for as long as the facility is in place; landscaping on the applicant's site which helps to screen the wireless communications facility from off-site views, as identified on the project plans, shall not be removed, trimmed or altered in any way, unless such removal or trimming is deemed necessary by a certified arborist to protect the health of the landscaping; if removal or trimming is deemed necessary, additional landscaping may be required;

F.

Within one month after construction of the wireless communications facility, and on an annual basis thereafter, testing of total RF emissions shall be conducted to verify compliance with FCC regulations. Such testing shall be conducted during normal business hours on a nonholiday weekday with the wireless communications facility operating at maximum power and shall measure the total emissions from the subject cell site.

(Ord. 99-5 § 2 (Exh. A (part))

A wireless communications facility permit shall be obtained prior to installation of a wireless communications facility.

A.

Staff Review. Zoning Administrator approval shall be required for a wireless communications facility permit for any proposed facade-mounted, roof-mounted or ground-mounted facility in a commercial zoning district that would be in place on a temporary basis not to exceed six months, or for any proposed facademounted, roof-mounted or ground-mounted at one of the following encouraged locations (listed in the order of preference):

1.

Downtown public, nonprofit, semi-public and businesses (buildings or other structures), including downtown locations which are visible from general plan-designated scenic corridor areas; provided, that such facilities are not visually obtrusive;

2.

Public, nonprofit or semi-publicly-owned property, such as fire stations, churches and schools, where such a location will mitigate visual obtrusiveness and land use compatibility impacts;

3.

Co-location of wireless communications facilities on approved, encouraged sites only where such colocation reduces traffic, visual and other cell site impacts; and

4.

Co-location on existing public utility structures such as electrical transmission towers and water tanks in nonvisually sensitive areas.

B.

Planning Commission Review. Planning Commission approval shall be required for a wireless communications facility located at any of the following discouraged locations (listed in order of preference):

1.

Residentially-zoned parcels not otherwise covered in subsection A of this section;

2.

Co-location on existing public utility structures in visually sensitive areas; and

3.

On a new, stand-alone monopole in any area where the monopole is not incorporated into an existing comparable-sized structure in a stealth manner.

In addition, Planning Commission approval shall be required for any other wireless communications facility permit that does not meet the criteria of subsection A of this section.

C.

Appeal. A decision of the Zoning Administrator may be appealed to the Planning Commission. A decision of the Planning Commission may be appealed to the City Council.

D.

Review and Approval Matrix. The following matrix describes the required review and approval procedures outlined in subsections A and B of this section, as well as the restriction on monopoles and telecommunications towers specified in Section 17.34.4. ("ZA" stands for Zoning Administrator and "PC" stands for Planning Commission.)

Section 17.34.6 Matrix

C.Temporary Facility (6 months or less) in a ZA Commercial Zone

Not permitted

(Ord. 99-5 § 2 Exh. A (part))

The Planning Commission and the Zoning Administrator shall make a determination on an application for a wireless communications facility permit at a noticed public hearing as provided in Chapter 17.42.

(Ord. 99-5 § 2 Exh. A (part))

A permit required under this chapter shall be valid for as long as the wireless communications facility remains in use and the facility is operated in compliance with the terms and conditions of the permit.

(Ord. 99-5 § 2 Exh. A (part))

A.

Review. Periodic review of wireless communications facilities shall be provided in the following manner for encouraged and discouraged sites:

1.

Encouraged Sites. For encouraged site specified under Section 7.34.6(A), five years after a wireless communications facility permit is issued under this chapter, at the time specified as a condition of approval, if less than five years, or at any other earlier time if good cause exists, the carrier shall submit a report demonstrating compliance with the terms and conditions of approval of the wireless communications facility permit, and the Planning Director shall certify whether the facility remains in compliance with the terms and conditions of approval and if the facility continues to be necessary to provide wireless communications services. Compliance shall also be certified every five years thereafter.

2.

Discouraged Sites. For discouraged sites specified under Section 7.34.6(B), or for any site not explicitly encouraged under Section 7.34.6(A), three years after a wireless communications facility permit is issued under this chapter, at the time specified as a condition of approval, if less than three years, or at any other earlier time if good cause exists, the carrier shall submit a report demonstrating compliance with the terms and conditions of approval of the wireless communications facility permit, and the Planning Director shall agendize the matter as a consent item for the Planning Commission and shall certify whether the facility remains in compliance with the terms and conditions of approval and if the facility continues to be necessary to provide wireless communications services. Compliance shall also be certified every three years thereafter.

B.

Revocation.

1.

Violation of Permit. If the terms and conditions of a permit for a wireless communications facility are violated, the permit may be revoked pursuant to the revocation procedures specified by Chapter 17.44 of this title.

2.

RF Emissions Violation. In the event that total RF emissions for a cell site exceed FCC standards, the applicant shall immediately cease operation of the wireless communications facility and permit revocation procedures shall be commenced.

C.

Termination. If the use of the permitted wireless communications facility is discontinued for any reason for a period of six months, the permit shall be void, and the use shall not be resumed.

D.

Removal. If a permit under this chapter is revoked or otherwise becomes void, the wireless communications facility shall be removed from the site, and the site shall be restored to its original, preconstruction condition. For facilities on public property, this removal requirement shall be included within the terms of the lease.

(Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part))

In addition to general application submittal requirements, all applications for wireless communications facilities shall include the following:

A.

Five year wireless communications facilities master plan (or, if the carrier has previously submitted a full master plan, an updated master plan must be submitted). The master plan shall consist of the following components:

1.

A written description of the type of technology each company/carrier will provide to its customers over the next five years (cellular, PCS, ESMR, etc.);

2.

A description of the radio frequencies to be used for each technology;

A description of the type of consumer services (voice, video, data transmissions) and consumer products (mobile phones, laptop PC's, modems) to be offered;

4.

A written list of all existing, existing to be upgraded or replaced, and proposed cell sites within the city for these services by the company making the application;

5.

A presentation-size map of the city which shows the five year plan cell sites, or if individual properties are not known, the geographic service areas of the cell sites; this map shall be provided in both hard copy, at a twenty-four (24) inch by thirty-six (36) inch or greater size, and in computer (3.5-inch) disk form in dxf format;

6.

The written list of cell sites shall include all anticipated cell sites over a five-year period, and shall be provided in both hard-copy and computer (3.5-inch) disk form formatted for Microsoft Word for Windows; the written list shall include the following information:

a.

List of the cell sites first by address then by Assessor's parcel number,

b.

List the zoning district in which the cell sites are to be located,

c.

List the other land use or uses on the site at which each facility would be located, and include a detailed description of the existing structure or structures on that site,

d.

List the carrier or carriers who would occupy the site,

e.

List the square footage or acreage of the site and describe the topography of the site,

f.

If the site is governed by certain easement restrictions, or other restrictions on location imposed by the property owner or easement-holder, describe those restrictions as they relate to the placement of wireless communications facilities on the site,

g.

List the number of antennae and base transceiver stations per site by carrier, and if there are other installations on a site, list the number by each carrier,

h.

Describe the location and type of antennae installation(s) (facade-mounted, roof-mounted, groundmounted, freestanding monopole) and location of the base transceiver installation(s),

i

Describe any efforts to camouflage or otherwise "stealth" the proposed antennae installation(s), base transceiver station(s) or other proposed installation(s),

j.

List the properties and public rights-of-ways from which the proposed wireless communications facilities would be visible, and, to the extent feasible, provide photographs of these facilities from the relevant vantage points,

k.

List the height from grade to the top of the antennae installation(s) and the base transceiver installation(s),

l.

List the Radio Frequency range in Megahertz and list the wattage output of the equipment;

B.

Visual representations which accurately depict the appearance of the proposed facility within the context of the site proposed for development (i.e., photo-simulations);

C.

Mock-up structures and/or story poles which replicate the proposed wireless communications facility shall be provided in the field;

D.

Documentation demonstrating that use of the site will not result in levels of radio frequency (RF) emissions which will exceed Federal Communication Commission standards. This documentation shall be independently verified by a third party reviewer prior to issuance of a wireless communications facility permit;

E.

A description of any proposed noise-generating equipment, including the times and decibel levels of the noise which would be produced;

F.

Plans specifying any proposed access roads, parking areas and new utilities service connections that would be necessary to either construct or maintain the proposed wireless communications facility;

G.

Plans specifying the placement and design of any proposed equipment enclosure;

H.

A map with the site specific search ring indicating the geographic area in which the site must be located to meet coverage objectives;

I.

A map showing the area to be serviced by the site;

J.

A letter explaining the site selection process, including information about alternate sites and why they were not selected;

K.

A description of the type of facility that would be required to locate the facility at an alternate location, including height, antenna configuration and equipment location;

L.

Such other information as may be requested by the city a third party reviewer to make the determinations required by this chapter.

(Ord. 00-2 § 12; Ord. 99-5 § 2 (Exh. A (part))

17.34.11 - Fees, technical evaluation and bond for removal of facility.

A.

Technical Assistance. The Planning Commission or the Zoning Administrator may require technical evaluations and other technical assistance for the purpose of making any determination required by this chapter, including but not limited to confirming the electromagnetic frequency needs of the applicant and identifying alternative solutions and sites that better meet the criteria and legislative intent of this chapter. The cost of these technical services shall be borne by the applicant.

B.

Removal Bond. The application shall include a bond to cover any future wireless communication facility removal costs that may be incurred by the city if the wireless communications facility permit lapses due to nonuse or other noncompliance with the wireless communications facility permit granted for the facility.

C.

Fees. A fee in an amount equal to the fee for a land use permit application shall be charged for each application for a wireless communication facilities permit. The cost of the periodic review required by this chapter for projects located on encouraged sites shall be equivalent to one-half the cost of a wireless communications facility permit, and the cost of periodic review for projects located on discouraged sites shall be equivalent to three-quarters the cost of a wireless communications facility permit. In addition, a fee equivalent to thirty (30) percent of any technical assistance costs shall be charged by the city to cover the city's administrative costs.

(Ord. 99-5 § 2 (Exh. A (part))

The Zoning Administrator may find that certain types of wireless communications facilities and systems are exempt from the requirements of this chapter and do not require a wireless communications facility permit. Exempt facilities shall include private, noncommercial wireless communications systems or facilities which are contained entirely on-site for the purpose of serving the premises on the site and having no potential visual, noise, thermal or radio frequency interference on surrounding properties, or replacement of facilities or equipment of a minor nature which does not increase the number of antennas or significantly expand the size of the installation.

(Ord. 99-5 § 2 (Exh. A (part))

The remedies in this chapter are not exclusive. The city may rely on any remedy authorized by law.

(Ord. 99-5 § 2 (Exh. A (part))

A.

Applicability. Notwithstanding any provision in this chapter to the contrary, all requests for approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station, whether located on private property or in the public rights-of-way, submitted pursuant to Section 6409 will be reviewed and approved, or denied without prejudice, in accordance with the standards and procedures in this section. However, the applicant may voluntarily elect to seek a wireless-communications facility permit as provided in this chapter.

B.

Special Definitions for Eligible Facilities Requests. The abbreviations, phrases, terms and words used in this section will have the following meanings assigned to them unless context indicates otherwise. Undefined phrases, terms or words in this section will have their ordinary meanings. If any definition assigned to any phrase, term or word in this section conflicts with any federal or state-mandated definition, the federal or state-mandated definition will control.

1.

"Approval authority" means the City official responsible for reviewing applications for section 6409 approvals and vested with the authority to approve, conditionally approve or deny such applications as provided in this section. The approval authority for a section 6409 approval in connection with private property shall be the Planning Director or his/her designee. The approval authority for a section 6409 approval in connection with the public rights-of-way shall be the Public Works Director or his/her designee.

2.

"Base station" means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(1), as may be amended or superseded. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).

3.

"Collocation" means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(2), as may be amended or superseded. As an illustration and not a limitation, the FCC's definition effectively means "to add" and does not necessarily refer to more than one wireless facility installed at a single site.

4.

"Eligible facilities request" means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(3), as may be amended or superseded.

5.

"Existing" means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(4), as may be amended or superseded.

6.

"FCC" means the Federal Communications Commission or its duly appointed successor agency.

7.

"FCC Shot Clock" means the presumptively reasonable timeframe within which the City generally must act on a given wireless application, as defined by the FCC and as may be amended or superseded.

8.

"RF" means radio frequency or electromagnetic waves.

9.

"Section 6409" means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as may be amended or superseded.

"Site" means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(6), as may be amended or superseded.

11.

"Substantial change" means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(7), as may be amended or superseded.

12.

"Tower" means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(9), as may be amended or superseded. Examples include, but are not limited to, monopoles (i.e., a bare, unconcealed pole solely intended to support wireless transmission equipment), mono-trees and lattice towers.

13.

"Transmission equipment" means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(8), as may be amended or superseded. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

C.

Required Approvals.

1.

Section 6409 Approval. Any request to collocate, replace or remove transmission equipment at an existing wireless tower or base station submitted with a written request for approval under Section 6409 shall require an approval in such form determined by the approval authority consistent with all valid and enforceable terms and conditions of the underlying permit or other prior regulatory authorization for the tower or base station (each amendment a "Section 6409 approval"). For any application for a Section 6409 approval properly denied, the applicant may submit the same or a substantially similar application for a discretionary permit under this chapter.

2.

Other Permits and Regulatory Approvals. No collocation or modification approved pursuant to this section may occur unless the applicant also obtains all other permits and regulatory approvals as may be required by any other federal, state or local government agencies, which includes without limitation other any permits and/or regulatory approvals issued by other departments or divisions within the City. Furthermore, any Section 6409 approval granted under this section shall remain subject to any and all lawful conditions and/or legal requirements associated with such other permits or regulatory approvals.

D.

Applications.

Application Content. All applications for a Section 6409 approval (as that term is defined in subsection (C) (1)) must include all the information and materials required by the approval authority for the application as stated either on the application itself or in some other publicly available document at the time an application is submitted. The City Council authorizes the approval authority to develop, publish and from time to time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the approval authority finds necessary, appropriate or useful for processing any application governed under this section. All applications shall, at a minimum, require the applicant to demonstrate that the proposed project will be in planned compliance with all applicable health and safety laws, regulations or other rules, which includes without limitation all building codes, electric codes and all FCC rules for human exposure to RF emissions.

2.

Applications Deemed Withdrawn. To promote efficient review and timely decisions, and to mitigate unreasonable delays or barriers to entry caused by chronically incomplete applications, any application governed under this section will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the approval authority within sixty (60) calendar days after the approval authority deems the application incomplete in a written notice to the applicant. As used in this subsection (2), a "substantive response" must include the materials identified as incomplete in the approval authority's notice.

3.

Additional Requirements and Regulations. The City Council further authorizes the approval authority to establish other reasonable rules and regulations for duly filed applications, which may include without limitation regular hours for submittal appointments with applicants, as the approval authority deems necessary or appropriate to organize, document and manage the application intake process. All such requirements, materials, rules and regulations must be in written form and publicly stated to provide all interested parties with prior notice.

E.

Decisions and Appeals.

1.

Administrative Review. The approval authority shall review a complete and duly filed application for a Section 6409 approval, and may act on such application without prior notice or a public hearing.

2.

Decision Notices. Within five (5) days after the approval authority acts on an application for a Section 6409 approval or before the FCC Shot Clock expires (whichever occurs first), the approval authority shall send a written notice to the applicant. In the event that the approval authority denies the application, the written notice to the applicant must contain:

a.

The reasons for the decision;

b.

A statement that denial will be without prejudice; and

c.

Instructions for how and when to file an appeal.

3.

Required Findings for Approval. The approval authority may approve or conditionally approve an application any application for a Section 6409 approval when the approval authority finds that the proposed project:

a.

Involves collocation, removal or replacement of transmission equipment on an existing wireless tower or base station; and

b.

Does not substantially change the physical dimensions of the existing wireless tower or base station.

4.

Criteria for Denial without Prejudice. Notwithstanding any other provision in this section, and consistent with all applicable federal laws and regulations, the approval authority may deny without prejudice any application for a Section 6409 approval when the approval authority finds that the proposed project:

a.

Does not meet the findings required in subsection (E)(3);

b.

Involves the replacement of the entire support structure; or

c.

Violates any legally enforceable law, regulation, rule, standard or permit condition reasonably related to public health or safety.

5.

Conditional Approvals. Subject to any applicable limitations in federal or state law, nothing in subsection (E) is intended to limit the approval authority's authority to conditionally approve an application for a Section 6409 approval to protect and promote the public health and safety.

Appeals. Any applicant may appeal the approval authority's written decision to deny without prejudice an application for Section 6409 approval. The written appeal together with any applicable appeal fee must be tendered to the City Clerk within ten (10) calendar days from the approval authority's written decision, and must state in plain terms the grounds for reversal and the facts that support those grounds. The City Manager or the City Manager's designee (either party, the "City Manager") shall be the appellate authority for all appeals from the approval authority's written decision to deny without prejudice an application for Section 6409 approval. The City Manager shall review the application de novo without notice or a public hearing; provided, however, that the City Manager's decision shall be limited to only whether the application should be approved or denied in accordance with the provisions in this section and any other applicable laws. The City Manager shall issue a written decision that contains the reasons for the decision, and such decision shall be final and not subject to any further administrative appeals.

F.

Standard Conditions of Approval. In addition to all other conditions adopted by the approval authority, all Section 6409 approvals, whether approved by the approval authority or deemed approved by the operation of law, shall be automatically subject to the conditions in this subsection (F). The approval authority (or the appellate authority) shall have discretion to modify or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the goals of this section.

1.

Permit Term. The City's grant or grant by operation of law of a Section 6409 approval constitutes a federally-mandated modification to the underlying permit or other prior regulatory authorization for the subject tower or base station, and will be regarded as a modification to the underlying approval for the subject tower or base station. The City's grant or grant by operation of law of this Section 6409 approval will not extend the permit term, if any, for any underlying permit or other underlying prior regulatory authorization. Accordingly, the term for this Section 6409 approval shall be coterminous with the underlying permit or other prior regulatory authorization for the subject tower or base station, and any renewals thereof. This condition shall not be applied or interpreted in any way that would cause the term of the underlying permit for the modified facility to be less than ten (10) years in total length.

2.

Compliance Obligations Due to Invalidation. In the event that any court of competent jurisdiction invalidates all or any portion of Section 6409 or any FCC rule that interprets Section 6409 such that federal law would not mandate approval for any eligible facilities request(s), such approval(s) shall automatically expire one (1) year from the effective date of the judicial order, unless the decision would not authorize accelerated

termination of previously approved eligible facilities requests or the approval authority grants an extension upon written request from the permittee that shows good cause for the extension, which includes without limitation extreme financial hardship. Notwithstanding anything in the previous sentence to the contrary, the approval authority may not grant a permanent exemption or indefinite extension. A permittee shall not be required to remove its improvements approved under the invalidated eligible facilities request when it has obtained the applicable permit(s) or submitted an application for such permit(s) before the one-year period ends.

3.

City's Standing Reserved. The City's grant or grant by operation of law of an Section 6409 approval does not waive, and shall not be construed to waive, any standing by the City to challenge Section 6409, any FCC rules that interpret Section 6409 or any eligible facilities request.

4.

Compliance with Approved Plans. Before the permittee submits any applications to the Building Department required to commence construction in connection with this Section 6409 approval, the permittee must incorporate this Section 6409 approval, all conditions associated with Section 6409 approval and any approved photo simulations into the project plans (the "Approved Plans"). The permittee must construct, install and operate the wireless facility in substantial compliance, as determined by the approval authority, with the Approved Plans. Any alterations, modifications or other changes to the Approved Plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the wireless facility, must be submitted in a written request subject to the approval authority's prior review and approval. The approval authority may refer the request to the approval authority who may revoke the Section 6409 approval if the approval authority finds that the requested alteration, modification or other change may cause a substantial change as that term is defined by the FCC in 47 C.F.R. § 1.6100(b)(7), as may be amended.

5.

Build-Out Period. This Section 6409 approval will automatically expire one (1) year from the approval or deemed-granted date unless the permittee obtains all other permits and approvals required to install, construct and/or operate the approved wireless facility, which includes without limitation any permits or approvals required by the any federal, state or local public agencies with jurisdiction over the subject property, the wireless facility or its use. The approval authority may grant one (1) written extension to a date certain, but not to exceed one (1) additional year, when the permittee shows good cause to extend the limitations period in a written request for an extension submitted at least thirty (30) days prior to the automatic expiration date in this condition.

6.

Site Maintenance. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences and landscape features, in a neat, clean and safe condition in accordance with the Approved Plans and all conditions in this Section 6409 approval. The permittee shall keep the site area free from all litter and debris at all times. The permittee, at no cost to the City, shall remove and remediate any graffiti or other vandalism at the site within forty-eight (48) hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred.

7.

Compliance with Laws. The permittee shall maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law ("Laws") applicable to the permittee, the subject property, the wireless facility or any use or activities in connection with the use authorized in this Section 6409 approval, which includes without limitation any Laws applicable to human exposure to RF

shall maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law ("Laws") applicable to the permittee, the subject property, the wireless facility or any use or activities in connection with the use authorized in this Section 6409 approval, which includes without limitation any Laws applicable to human exposure to RF

emissions. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee's obligations to maintain compliance with all Laws. In the event that the City fails to timely notice, prompt or enforce compliance with any applicable provision in the Orinda Municipal Code, any permit, any permit condition or any applicable law or regulation, the applicant or permittee will not be relieved from its obligation to comply in all respects with all applicable provisions in the Orinda Municipal Code, any permit, any permit condition or any applicable law or regulation.

8.

Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all unreasonable, undue or unnecessary adverse impacts on nearby properties that may arise from the permittee's or its authorized personnel's construction, installation, operation, modification, maintenance, repair, removal and/or other activities on or about the site. The permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines except during normal construction work hours authorized by the Orinda Municipal Code. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the City or other state or federal government agency or official with authority to declare a state of emergency within the City. The approval authority or designee may issue a stop work order for any activities that violates this condition in whole or in part.

9.

Inspections; Emergencies. The permittee expressly acknowledges and agrees that the City's officers, officials, staff or other designee may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee, or at any time during an emergency. The City's officers, officials, staff or other designees may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee, if present, may observe the City's officers, officials, staff or other designee while any such inspection or emergency access occurs.

10.

Permittee's Contact Information. The permittee shall furnish the approval authority with accurate and up-todate contact information for a person responsible for the wireless facility, which includes without limitation such person's full name, title, direct telephone number, facsimile number, mailing address and email address. The permittee shall keep such contact information up-to-date at all times and immediately provide the approval authority with updated contact information in the event that either the responsible person or such person's contact information changes.

11.

Indemnification. The permittee and, if applicable, the property owner upon which the wireless facility is installed, shall defend, indemnify and hold harmless the City, City Council and City boards, commissions, agents, officers, officials, employees and volunteers from any and all:

a.

Damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs and other actions or proceedings ("Claims") brought against the City or its agents, officers, officials, employees or volunteers to challenge, attack, seek to modify, set aside, void or annul the City's approval of this Section 6409 approval, and

b.

Other Claims of any kind or form, whether for personal injury, death or property damage, that arise from or in connection with the permittee's or its agents', directors', officers', employees', contractors', subcontractors', licensees', or customers' acts or omissions in connection with this Section 6409 approval or the wireless facility.

In the event the City becomes aware of any Claims, the City will use best efforts to promptly notify the permittee and the private property owner and shall reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City's defense, and the property owner and/or permittee (as applicable) shall promptly reimburse City for any costs and expenses directly and necessarily

incurred by the City in the course of the defense. The permittee expressly acknowledges and agrees that the permittee's indemnification obligations under this condition are a material consideration that motivates the City to approve this Section 6409 approval, and that such indemnification obligations will survive the expiration or revocation of this Section 6409 approval.

12.

Performance Bond. Before the Building Department issues any permits required to commence construction in connection with this Section 6409 approval, the permittee shall post a performance bond from a surety and in a form acceptable to the approval authority in an amount reasonably necessary to cover the cost to remove the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in wireless facilities removal. The written estimate must include the cost to remove all equipment and other improvements, which includes without limitation all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings and foundations, whether above ground or below ground, constructed or installed in connection with the wireless facility, plus the cost to completely restore any areas affected by

the removal work to a standard compliant with applicable laws. In establishing or adjusting the bond amount required under this condition, and in accordance with California Government Code § 65964(a), the approval authority shall take into consideration any information provided by the permittee regarding the cost to remove the wireless facility to a standard compliant with applicable laws. The performance bond shall expressly survive the duration of the permit term to the extent required to effectuate a complete removal of the subject wireless facility in accordance with this condition.

13.

Permit Revocation. The approval authority may recall this Section 6409 approval for review at any time due to complaints about noncompliance with applicable laws or any approval conditions attached to this Section 6409 approval after notice and an opportunity to cure the violation is provided to the permittee. If

the noncompliance continues after notice and reasonable opportunity to cure the noncompliance, the approval authority may revoke this Section 6409 approval or amend these conditions as the approval authority deems necessary or appropriate to correct any such noncompliance.

14.

Record Retention. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the wireless facility, which includes without limitation this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval. In the event that the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee. The permittee may keep electronic records; provided, however, that hard copies or electronic records kept in the City's regular files will control over any conflicts between such Citycontrolled copies or records and the permittee's electronic copies, and complete originals will control over all other copies in any form.

15.

Abandoned Wireless Facilities. The wireless facility authorized under this Section 6409 approval shall be deemed abandoned if not operated for any continuous six-month period. Within ninety (90) days after a wireless facility is abandoned or deemed abandoned, the permittee and/or property owner shall completely remove the wireless facility and all related improvements and shall restore all affected areas to a condition compliant with all applicable laws, which includes without limitation the Orinda Municipal Code. In the event that neither the permittee nor the property owner complies with the removal and restoration obligations under this condition within said ninety-day period, the City shall have the right (but not the obligation) to perform such removal and restoration with or without notice, and the permittee and property owner shall be jointly and severally liable for all costs and expenses incurred by the City in connection with such removal and/or restoration activities

16.

Landscaping. The permittee shall replace any landscape features damaged or displaced by the construction, installation, operation, maintenance or other work performed by the permittee or at the permittee's direction on or about the site. If any trees are damaged or displaced, the permittee shall hire and pay for a licensed arborist to select, plant and maintain replacement landscaping in an appropriate location for the species. Only International Society of Arboriculture certified workers under the supervision of a licensed arborist shall be used to install the replacement tree(s). Any replacement tree must be substantially the same size as the damaged tree. The permittee shall, at all times, be responsible to maintain any replacement landscape features.

(Ord. No. 19-05, § 3(Exh. A), 10-1-19)

Notwithstanding any other provision of this chapter, all "small-wireless facilities" as defined by the FCC in 47 C.F.R. § 1.6002(l), as may be amended or superseded, are exempt from this chapter and subject to

Chapter 12.10.

(Ord. No. 19-05, § 3(Exh. A), 10-1-19)

Chapter 17.35 - ELEVATED DECK PERMIT

Sections:

Elevated decks have the potential to impair the views and the privacy of surrounding properties. For these reasons, review of a proposed elevated deck is necessary.

(Ord. 99-5 § 2 (Exh. A (part))

In this chapter, unless the context otherwise requires:

"Elevated deck" means a deck structure, either attached or detached from the main dwelling, with a height over six feet above finished grade at any point and a surface area of two hundred (200) square feet or more.

(Ord. 99-5 § 2 (Exh. A (part))

A.

Review. An elevated deck may be constructed if a permit is obtained under Section 17.35.3. The Zoning Administrator shall make the determination on the permit, but if the deck is proposed as part of a larger project which will be reviewed by the Planning Commission, the Commission shall make the decision on the permit.

B.

Standards. A permit for the construction of an elevated deck may be given if findings of fact are made to support each of the following standards:

1.

The elevated deck does not substantially diminish the privacy of neighbors;

2.

The elevated deck does not substantially block desired views from neighboring residences;

3.

The elevated deck does not result in the removal of trees which screen undesirable views;

Reasonable use of the deck will not cause a material increase in ambient noise for neighboring properties.

(Ord. 99-5 § 2 (Exh. A (part))

Chapter 17.36 - COMMERCIAL USE PERMIT

If a commercial use permit is required under Chapter 17.8 the Planning Commission shall approve a permit only if a noticed hearing is held under Chapter 17.42 and findings of fact are made to support each of the following standards.

A.

The use is of benefit to Orinda residents as well as to visitors;

B.

The use will promote a diversity and variety of commercial uses and will not contribute to an undue concentration of similar uses;

C.

The use will not adversely affect pedestrian and vehicular traffic;

D.

Adequate parking exists, adequate parking will be provided for the use as required under section 17.16.4 and/or a variance is approved and an in-lieu fee will be paid pursuant to section 17.33.2.B of the Orinda Municipal Code;

E.

The use will contribute to a vibrant, active pedestrian environment and an intimate-scale village ambience;

F.

The use does not create excessive noise, litter or other enforcement problems;

G.

Considering the scale and design of the exterior and the quality of the goods or services provided, the use is reminiscent of a traditional Main Street environment;

H.

Under all the circumstances and conditions of the particular case, the use will not have a material adverse effect on the health or safety of persons residing or working in the vicinity.

(Ord. 06-02 § 4; Ord. 99-5 § 2 (Exh. A (part); Ord. No. 20-01, § 2(Att. A), 1-21-20)

The Planning Commission may impose conditions of approval, including a specified time limit, to meet the goals and objectives of this chapter. The Planning Commission may also revoke or modify a commercial use permit after a duly noticed hearing, if it determines that any one or more of the conditions or the standards of Section 17.36.1 are not being met or that the use constitutes a nuisance.

(Ord. 99-5 § 2 (Exh. A (part))

Chapter 17.37 - TEMPORARY EVENT PERMIT

Sections:

From time to time, a temporary use, an event or activity, is proposed which is of benefit to the community but which may have temporary impacts requiring prior review and approval to ensure compliance with the general plan and the purposes of this Title 17.

(Ord. 99-5 § 2 (Exh. A (part))

The following events may occur in any zoning district, on private property on in the public right-of-way, if a temporary event permit is obtained under the provisions of this chapter.

A.

Animal Show. Exhibition of domestic or large animals.

B.

Arts and Crafts Shows, Indoors and Outdoors. Display and sale of painting, sculpture, crafts and similar objects.

C.

Christmas Tree Sale. Retail sales of Christmas trees between Thanksgiving and December 26th. Also includes seasonal sales, such as the sale of pumpkins at Halloween.

D.

Circus and Carnival. Provision of games, eating and drinking facilities, live entertainment, animal exhibitions, or similar activities on a site, or in a tent or other temporary structure. This classification excludes an event conducted in a permanent entertainment facility.

E.

Commercial Filming, Limited. Commercial motion picture or video photography at the same location for a single or limited production.

F.

Philanthropic Event. Sale of tickets, fundraising and use of public or private facilitates for nonprofit organization or to benefit charitable cause, including use of residential, commercial or office space.

G.

Religious Assembly. Religious services conducted on a site that is not permanently occupied by a religious assembly use.

H.

Retail Sale, Outdoor. Retail sale of new merchandise on the site of a legally established retail business.

I.

Rummage Sale. The sale of secondhand property including reclaimed or salvaged goods by a charitable, religious or nonprofit organization.

J.

Storage, Outdoor (not related to construction activity for which a land use permit is required). Storage or replacement of equipment, merchandise or products not otherwise permitted outside of a building.

K.

Street Fair. Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring use of roofed structures.

L.

Trade Fair. Display and sale of goods or equipment related to a specific trade or industry.

(Ord. 99-5 § 2 (Exh. A (part))

Before a temporary event which is permitted by this Title 17 occurs, a temporary event permit shall be obtained.

(Ord. 99-5 § 2 (Exh. A (part))

The Zoning Administrator may grant, deny or conditionally grant a temporary event permit without notice and public hearing if findings of fact are made in support of each of the following standards:

A.

The proposed temporary event will be located, operated and maintained in a manner consistent with the policies of the general plan, applicable specific plan and the provisions of this Title 17;

B.

The proposed temporary event will not be located, operated or maintained in a short-term rental;

C.

The temporary event will not be detrimental to property or improvements in the area adjacent to the temporary use;

D.

The temporary event will not create a significant adverse impact on the uses or activity patterns of development in the immediate area; and

E.

The temporary event will not otherwise adversely affect the public health, safety and welfare.

(Ord. 99-5 § 2 (Exh. A (part))

(Ord. No. 17-04, § 2(Att. A), 9-5-17)

In granting a temporary event permit, the Zoning Administrator may impose conditions which are necessary to ensure that the above standards are met.

(Ord. 99-5 § 2 (Exh. A (part))

At least ten days prior to approving a temporary event permit, the Zoning Administrator shall mail written notice of the proposed temporary use to each adjacent property owner and tenant.

(Ord. 99-5 § 2 (Exh. A (part))

The Zoning Administrator shall consult with the Parks and Recreation Department, the Public Works Department, the Police Department, the Moraga-Orinda Fire Protection District and the City Manager concerning the proposed temporary event before making a decision on the application.

(Ord. 99-5 § 2 (Exh. A (part))

The duration of the proposed event and the frequency of occurrences within any given time period shall be in the reasonable discretion of the Zoning Administrator.

(Ord. 99-5 § 2 (Exh. A (part))

Chapter 17.38 - ZONING APPROVAL, DEMOLITION PERMIT, CITY ENGINEER REVIEW

Sections:

The Zoning Administrator or designee shall review and approve all projects requiring a building permit, and changes to same, which are not otherwise subject to review and approval under the provisions of this Title 17.

A.

Application. Prior to obtaining a building permit for a project described above, an applicant shall submit an application for zoning approval to the Zoning Administrator.

B.

Approval. The Zoning Administrator shall approve a project which is consistent with the general plan and complies with the provisions of this Title 17. The Zoning Administrator may attach conditions to the approval as necessary for the project to be consistent with the general plan and the provisions of this Title 17.

C.

Term. A zoning approval will lapse after six months from date of approval, unless a building permit has been obtained.

(Ord. 99-5 § 2 (Exh. A (part))

A demolition permit shall not be issued unless the applicant has obtained all prior approvals and permits required for the replacement structure, including but not limited to all required building permits, as appropriate. In addition, before a demolition permit is issued, the applicant shall provide satisfactory proof of financial ability to complete the replacement structure. If a residence is demolished without complying with the requirements of this section, no building permit shall be issued for the property for a period of three years. The Zoning Administrator may waive the requirements of this section in the case of a sudden and severe emergency which threatens the health, safety and welfare of the public. The economic circumstances of the applicant are not relevant to the determination of the existence of an emergency for purposes of a waiver.

(Ord. 99-5 § 2 (Exh. A (part))

No building permit of any type may be issued until the City Engineer has reviewed and approved plans for drainage and soil stability for a proposed project. An applicant may obtain this approval before or after

other approvals required under this Title 17, and evidence relating to drainage and soil stability shall not be considered for other approvals required by this Title 17.

(Ord. 99-5 § 2 (Exh. A (part))