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))

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:

1.

"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:

1.

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;

3.

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 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 that 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 by 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, 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.

"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 semi-mechanical 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.

5.

"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-of-way 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)