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))

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 both downtown districts.

(Ord. 99-5 § 2 Exh. A (part))

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)