Chapter 17.9 — PUBLIC, SEMI-PUBLIC AND UTILITY DISTRICT

17.9.1 - Specific purposes.¶

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)

17.9.2 - Use restrictions.¶

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

PS DISTRICT—LAND USE REGULATIONS	P Permitted U Use Permit Required
Public and Semi-Public Uses
Cemetery	U

Club or Lodge	U
College, Public or Private	U
Congregate Care Facility	U
Cultural Institution	U Only along arterial or collector streets
Day Care, General	U Only within a public building
Emergency Medical Care	U Only within a public building
Emergency Shelter	P
Government Office	U
Hospital	U
Low Barrier Navigation Center	P
Maintenance or Service Facility	U
Park or Recreation Facility	U
Public Parking Facility	U
Public Safety Facility	U
Public Transit Facility	U
Religious Assembly	U
School, Public or Private	U
Utilities, Major	U
Utilities, Minor	U
Accessory Uses and Structures
Permitted on the site of a permitted use, but requires a use permit if added on the site of a conditional use.
Temporary Uses
(Temporary events permitted under Chapter 17.37)
Agricultural Uses
Animal Husbandry	U
Crop Production	U

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)

17.9.3 - Development regulations.¶

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)

17.9.4 - Additional development regulations for emergency shelters.¶

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