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))

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 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 an exterior change of any nonresidential building in the residential districts and any building in the following districts: RM, DC, DO, PS, PR, OS, PD and the SP districts, except for repair work and minor alterations as determined in the reasonable discretion of the Zoning Administrator. Changes which 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.

(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), 8-1-17)

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)

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))

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))

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 enetitled "Special design review—Combination project," which derived from Ord. 04-06 § 4 (part), adopted September, 2004.

Any project in the downtown commercial district and the downtown office district which 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))

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 district, including those in the High Density Overlay District (-HD Overlay) district:

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.

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.

(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)

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)