An exception is a discretionary permit to deviate from certain quantitative requirements of Title 17. It is intended to provide a degree of design flexibility in the application of certain quantitative regulations in this title, so that factors of site design, architecture and impacts on neighbors' views and privacy, if any, can be addressed. For example, a wide variety of lot sizes, shapes and topography exists within a single zoning district in Orinda. There are also many older homes and other buildings built prior to zoning regulations. These preexisting conditions relating to location and surroundings create situations where the strict application of zoning standards could lead to development which is contrary to the general plan goals of preserving the community's existing semi-rural character. Likewise, strict application of zoning standards could deprive a particular parcel of opportunities for design flexibility where there is no adverse impact to be regulated. In such circumstances, there is a benefit to the public to avoid unintended regulatory results.

(Ord. 99-5 § 2 Exh. A (part))

An exception from the development standards for setbacks, height, the number of stories, fences and retaining walls, single-family residential parking requirements, number of replacement trees, and for maximum lot coverage and minimum landscape area under this title may be granted.

A.

Examples. Such exceptions may include, but are not limited to the following examples:

1.

A shifting of the building mass into a required setback, which thus allows for a greater than required setback elsewhere on the property, which may be needed to reduce an off-site impact on an adjoining neighbor. In such cases, the resulting setback encroachment may be of lesser community impact than had the alternate setback be constructed within the setbacks;

2.

A reduction in setback requirement, an increase in height of a building, fence or retaining wall which exceeds the permitted standard, or any combination of such deviations which are either: (1) necessary to respond to the limitations created by the characteristics of the site or an existing structure; or (2) desirable to enable greater design flexibility where appropriately mitigated by the site's unique characteristics;

3.

An allowance to exceed the height or story limitations in cases where such development would be less intrusive visually or environmentally than a similarly sized more horizontal building mass;

4.

A reduction in setback requirements to allow architectural elements such as arbors, trellises, porches and breezeways which will visually enhance the appearance of existing nonconforming structures;

5.

A decrease in front yard setback for garage placement for nonfront-loading garages (swing entry) on narrow lots or hillside lots, reducing the visual bulk and further articulating the building mass;

6.

On-site retaining walls greater in height than those allowed by Section 17.4.27 of this title which are not visible from off-site locations;

7.

A home of unusual design, or a home with a striking feature which is not visible to the general public or neighboring properties because of the physical characteristics of the site;

8.

Reserved;

9.

Outdoor dining which does not meet the regulation specified in Subsection 17.8.5.I of this title;

10.

Take-out restaurants which do not meet the regulation specified in Subsection 17.8.5.I of this title.

B.

Exemptions for Existing Nonconformities. An exception from the development standards for setbacks, height, the number of stories, fences and retaining walls, single-family residential parking requirements, and for maximum lot coverage and minimum landscape area under Chapter 17.8 of this title shall not be required for the following types of projects:

1.

A renovation as defined in Section 17.2.3 of this title.

2.

A small home addition described in Subsection 17.19.3.D of this title.

3.

An attic or basement conversion as described in Subsection 17.19.3.E of this title.

4.

A renovation with a change in a door or window as described in Subsection 17.19.3.C, except when there is an existing setback nonconformity and review of that setback nonconformity is requested by an affected neighbor under Subsection 17.42.1.B of this title.

(Ord. 07-07 § 13, 2007; Ord. 07-02 § 4, 2007; Ord. 05-07 § 8: Ord. 03-03 § 6; Ord. 99-5 § 2 Exh. A (part))

(Ord. No. 10-03, § 4, 7-20-10; Ord. No. 10-10, § 2(exh. A), 1-4-11; Ord. No. 12-01, § 3, 3-20-12; Ord. No. 17-03; § 2(Att. A), 8-1-17)

A permit for an exception must be obtained prior to obtaining a building permit. If the exception is sought in connection with an application to be reviewed by the Planning Commission, the Planning Commission is authorized to issue the exception permit.

(Ord. 99-5 § 2 Exh. A (part))

An exception as provided in Section 17.32.2 may be granted if findings of fact in support of each of the following standards are made, except that subsection D of this section applies only to signs:

A.

The strict application of the respective zoning regulations will either: (1) deprive the subject property of rights enjoyed by other properties in the vicinity and within the identical land use district, because the site's unique characteristics, such as an irregular or constrained size, shape or topography, or limitations created by the site's existing development, limit design options available to the subject property; or (2) serve no land use planning purpose under this title or the general plan because of the absence of any negative impact whatsoever on the semi-rural character of Orinda or on the privacy, views and general well-being of neighboring properties as a result of the size, shape, location or topography of the site.

B.

The exception will result in development which substantially complies with the intent and purpose of the requirements, including design review, of the land use district in which the subject property is located.

C.

For a project affecting an existing structure:

1.

The exception does not substantially increase the degree of an existing nonconformity; and

2.

The exception is necessary to preserve or enhance a feature of the existing structure which is architecturally or functionally appropriate.

D.

An exception from sign size limitations is necessary for the sign to remain proportional to preexisting architectural features or site conditions.

(Ord. 99-5 § 2 Exh. A (part))

(Ord. No. 10-10, § 2(exh. A), 1-4-11)

An exception shall be subject to such conditions as will assure that the adjustment does not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity and zone in which the subject property is situated.

(Ord. 99-5 § 2 Exh. A (part))