If a commercial use permit is required under Chapter 17.8 the Planning Commission shall approve a permit only if a noticed hearing is held under Chapter 17.42 and findings of fact are made to support each of the following standards.

A.

The use is of benefit to Orinda residents as well as to visitors;

B.

The use will promote a diversity and variety of commercial uses and will not contribute to an undue concentration of similar uses;

C.

The use will not adversely affect pedestrian and vehicular traffic;

D.

Adequate parking exists, adequate parking will be provided for the use as required under section 17.16.4 and/or a variance is approved and an in-lieu fee will be paid pursuant to section 17.33.2.B of the Orinda Municipal Code;

E.

The use will contribute to a vibrant, active pedestrian environment and an intimate-scale village ambience;

F.

The use does not create excessive noise, litter or other enforcement problems;

G.

Considering the scale and design of the exterior and the quality of the goods or services provided, the use is reminiscent of a traditional Main Street environment;

H.

Under all the circumstances and conditions of the particular case, the use will not have a material adverse effect on the health or safety of persons residing or working in the vicinity.

(Ord. 06-02 § 4; Ord. 99-5 § 2 (Exh. A (part); Ord. No. 20-01, § 2(Att. A), 1-21-20)

The Planning Commission may impose conditions of approval, including a specified time limit, to meet the goals and objectives of this chapter. The Planning Commission may also revoke or modify a commercial use permit after a duly noticed hearing, if it determines that any one or more of the conditions or the standards of Section 17.36.1 are not being met or that the use constitutes a nuisance.

(Ord. 99-5 § 2 (Exh. A (part))