Orinda City Council
May 6, 2025

BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of: Ordinance 25-02
An Ordinance Updating Orinda Municipal
Code §17.2.3 (Definitions), Schedule 17.3.3
(RVL, RL and RM Districts – Land Use
Regulations), §17.3.4 (Accessory Dwelling
Units (ADUs)), §17.4.33 (Senior Housing
Overlay District (SH-Overlay) development
standards), Schedule 17.9.2 (PS District –
Land Use Regulations), and §17.9.4
(Additional development regulations for
emergency shelters).

The City Council of the City of Orinda DOES ORDAIN as follows:

SECTION 1.

The City Council of the City of Orinda intends, by adopting this ordinance, to amend the following provisions of the City’s Zoning Code: §17.2.3 (Definitions), Schedule 17.3.3 (RVL, RL and RM Districts – Land Use Regulations), §17.3.4 (Accessory Dwelling Units (ADUs)), §17.4.33 (Senior Housing Overlay District (SH-Overlay) development standards), Schedule 17.9.2 (PS District – Land Use Regulations), and §17.9.4 (Additional development regulations for emergency shelters).

SECTION 2.

The following portions of the Zoning Code are amended as specified below and in Attachment A. Attachment A shows additions with double-underlined text and deletions with strike-out text.

Municipal Code Provision Action
1 §17.2.3 Text amended as shown in Attachment A.
2 Schedule 17.3.3 Text amended as shown in Attachment A. 3 §17.3.4 Text amended as shown in Attachment A.
4 §17.4.33 Text amended as shown in Attachment A.
5 Schedule 17.9.2 Text amended as shown in Attachment A. 6 §17.9.4 Text amended as shown in Attachment A.

SECTION 3 – PURPOSE AND INTENT.

A. These amendments are intended to bring Orinda’s regulation of the above sections in conformance with state law and to implement the City’s certified Housing Element.

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Packet Pg. 177 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

B. Changes to §17.2.3 include general updates to Definitions.

C. Changes to Schedule 17.3.3 include adding the uses “Residential Care Facility”, “Transitional and Supportive Housing”, and “Employee/Farmworker Housing” to the table of land use regulations for the RVL, RL and RM districts, and allowing large and small daycare by right.

D. Changes to §17.3.4 are intended to bring Orinda’s regulation of accessory dwelling units in conformance with state law (Government Code sections 66314 and 66333).

E. Changes to §17.4.33 include modifications to the sections regarding Story Limits and Building Height Limits.

F. Changes to § 17.9.2 Schedule and § 17.9.4 include modifying parking requirements, increasing the number of clients allowed per night, and allowing low barrier navigation centers.

SECTION 4.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance irrespective of the invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.

SECTION 5.

This ordinance is consistent with the Orinda General Plan.

SECTION 6.

The City Council finds that this ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to numerous CEQA Guidelines (Title 14 of the California Code of Regulations) including section 15060(c)(1) (activity does not involve the exercise of discretionary powers), section 15060(c)(2) (activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), section 15060(c)(3) (activity is not a project as defined in Section 15378 because it has no potential for resulting in physical change in the environment, directly or indirectly), section 15061(b)(3) (it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment), section 15378 (action is general policy making as required by state law), section 15268 (ministerial projects), section 15303 (new construction or conversion of small structures), and section 15305 (minor alterations in land use limitations).

SECTION 7.

This ordinance becomes effective thirty (30) days after adoption.

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Packet Pg. 178 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

SECTION 8.

The City Clerk shall either (a) have this ordinance published once within fifteen (15) days after adoption in a newspaper of general circulation, or (b) have a summary of this ordinance published twice in a newspaper of general circulation, once five (5) days before its adoption and again within fifteen (15) days after adoption.

Following a duly-noticed public hearing, the foregoing ordinance was introduced at a meeting of the City Council of the City of Orinda held on _____ and was adopted and ordered published at a regular meeting held on _____ by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Latika Malkani, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
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Packet Pg. 179 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

ATTACHMENT A

1. Definitions
Municipal Code section 17.2.3 is amended as follows:

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 rightof-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.

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Packet Pg. 180 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

"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.

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Packet Pg. 181 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

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.

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Packet Pg. 182 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

Antenna, Simple Wire. "Simple wire antenna" means a single wire, solid or stranded, oneeighth 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 singlefamily 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.

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Packet Pg. 183 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

"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.

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Packet Pg. 184 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

"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 daynight 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.

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Packet Pg. 185 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

"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 onehalf (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.

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Packet Pg. 186 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

"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.

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Packet Pg. 187 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

"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.

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Packet Pg. 188 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

"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.

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Packet Pg. 189 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

"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 offsite 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."
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Packet Pg. 190 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

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-ofway 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 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.

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Packet Pg. 191 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

"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.
"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.
"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.

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Packet Pg. 192 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

"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.

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Packet Pg. 193 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

"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.

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Packet Pg. 194 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

"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-footwide 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 a public or publicly regulated facility for passenger transit service and operations. This includes a rapid transit station, bus terminal, and park-andride 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.

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Packet Pg. 195 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

"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

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Packet Pg. 196 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

"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.

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Packet Pg. 197 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

"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 offsite services that assist the supportive housing resident in retaining the housing, improving his or her their health status, and maximizing his or her 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.

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Packet Pg. 198 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

"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.

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Packet Pg. 199 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

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 rightof-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.

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Packet Pg. 200 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

"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.

2. RVL, RL and RM districts—Land use regulations
Municipal Code schedule 17.3.3 is amended as follows:

RVL, RL and RM DISTRICTS—LAND USE

REGULATIONS
P Permitted
U Use Permit Required
L Permitted, but limited by
additional regulations
T Temporary Event Permit
— Not Permitted
(Prohibited)

RVL RL RM
Residential Uses
Single-Family Residential P P -
• Accessory dwelling unit P P P
• Ancillary use not normally associated with a singlefamily home; such as garage structures for more than four cars, energy generation or similar activities, as
determined by the Zoning Administrator
U U -
• Large family day care LP LP -P
• Small family day care P P -P
• Outdoor lighting with height over seven feet excluding lights attached to residence, for sports courts, pools or similar uses as determined by the Zoning Administrator
U U -
• Elevated deck U U -
• Home occupation L L -
• Keeping of animals L L -
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Packet Pg. 201 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

Multifamily Residential - - L
Residential Care Facility (2) L L -
Residential Care, Limited P P P
Congregate Care - - U
Transitional and Supportive Housing P P P
Public and Semi-public Uses
Club or Lodge (1) - U U
Cultural Institution (1) - U U
Day Care, General U U U
Government Office - - U
Maintenance or Service Facility U U -
Park or Recreation Facility U U U
Public Safety Facility U U U
Religious Assembly (1) - U U
School, Public or Private (1) - U U
Utility, Major (1) U U U
Utility, Minor P P P
Agricultural Uses
Animal Husbandry U U -
Crop Production U - -
Employee/Farmworker Housing (3) L L -
Temporary Uses
Temporary events (Chapter 17.37) T T T
Garage Sales (maximum two per calendar year) P P P
Trailer for Construction or Real Estate Sales (new
home development)
U U U
Marijuana Uses
Commercial Marijuana Land Uses - - -
Outdoor marijuana cultivation - - -
(1) May only be considered if property has frontage on an arterial or collector street. (2) Must demonstrate compliance with state law and license to operate facility. (3) Employee and farmworker housing that serves 6 (six) or fewer persons.

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Packet Pg. 202 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

3. Accessory Dwelling Units (ADUs)
Municipal Code section 17.3.4 is amended as follows:

A. Purpose. The purpose of this section is to comply with state law regarding accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) [California Government Code Sections 65852.2 and 65852.22 66314 and 66333]. To the extent anything in these regulations is inconsistent with state law, including as it may be amended, state law will govern and these regulations will be interpreted and applied as required by state law.

B. Streamlined ADUs. Pursuant to California Government Code Section 65852.2(e) 66323 the City shall approve ADUs and JADUs in a streamlined manner as required by state law. For example, the City shall approve the following streamlined ADUs if the specified development standards and use restrictions are met:

1. All Streamlined State Exempt ADUs and JADUs.
a. The unit is located in an RVL-E, RVL, RL-40, RL-20, RL-15, RL-12, RL-10, RL-6, PD, or RM zoning district within a residential or mixed use zone. b. The unit complies with applicable building codes, fire codes, and health and safety regulations; however, the unit is not required to provide fire sprinklers if fire sprinklers are not required for the primary dwelling. c. The unit may be rented in full or in part for the purpose of overnight lodging for terms of thirty (30) or more consecutive days, but it shall not be rented for overnight lodging for shorter terms, notwithstanding anything to the contrary in the City's short-term rental regulations (see section 17.3.12). Neither the primary dwelling nor the ADU or JADU shall be sold or otherwise conveyed separately from the other unit, except pursuant to California Government Code Section 65852.26 66341.
d. If the unit is connected to an onsite water system, a percolation test has been completed within the last five (5) years, or if the percolation test has been recertified, within the last ten (10) years.

2. Within Existing Space (Single-Family) - ADUs and JADUs. a. The lot on which the ADU or JADU is located contains an existing or proposed single-family dwelling.
b. Only one One (1) ADU or and one (1) JADU is are permitted per lot with a proposed or existing single-family dwelling if all of the following apply: unless one (1) JADU is permitted pursuant to this Subsection (B)(2) and one (1) ADU is permitted pursuant to Subsection (B)(3).
c. The ADU or JADU has exterior access independent from the existing residence.
d. The existing single-family dwelling or accessory structure has side and rear setbacks sufficient for fire and safety, as determined by the Moraga-Orinda Fire Protection District (MOFD). If the existing residence or structure complies G.1.a
Packet Pg. 203 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

with the City's setback requirements as described in Chapter 17.4, it shall automatically meet this standard.
e. If an ADU or JADU is proposed, it is within the proposed space of a singlefamily dwelling, the existing space of a single-family dwelling or accessory structure, or requires an addition of no more than 150 square feet to an existing accessory structure to accommodate ingress and egress. f. If a JADU is proposed, it complies shall also comply with the requirements of California Government Code Section 65852.22 66333.

3. Detached, New Construction (Single-Family) - ADUs.
a. The lot on which the ADU is located contains an existing or proposed singlefamily dwelling. b. The lot on which the ADU is located does not contain another ADU, but may contain a JADU permitted pursuant to Subsection (B)(2). c. The ADU is detached from the single-family dwelling. d. The ADU is new construction.
e. The ADU is located at least four (4) feet from the side and rear lot lines, is no greater than eight hundred (800) adjusted square feet in floor area, and has a height of no more than sixteen (16) feet in compliance with OMC section

17.3.4.(C)(4)(c).

4. Within Existing Space (Multifamily) - ADUs.
a. The lot on which the ADU is located contains an existing multifamily dwelling. b. The ADU is located within a portion of the multifamily dwelling structure that is not used as livable space.
c. The total number of ADUs within the dwelling structure does not exceed twenty-five (25) percent of the existing number of primary dwelling units within the structure, provided that all multifamily dwelling structures shall be permitted at least one (1) ADU pursuant to this Subsection if the other standards are met.

5. Detached, New Construction (Multifamily) - ADUs.
a. The lot on which the ADU is located contains an existing or proposed multifamily dwelling.
b. The ADU is detached from the multifamily dwelling.
c. The ADU is located at least four (4) feet from the side and rear lot lines and has a height of no more than sixteen (16) feet in compliance with OMC section 17.3.4.(C)(4)(c).
d. No more than two (2) ADUs shall be permitted per lot pursuant to this Subsection. Number of ADUs.
i. On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units. However, the number of accessory G.1.a
Packet Pg. 204 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot.
ii. On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units.

C. All Other ADUs. Any ADU that does not meet the standards for streamlined ADUs in Subsection B shall meet the following development standards and use restrictions:

1. The ADU is located in an RVL-E, RVL, RL-40, RL-20, RL-15, RL-12, RL-10, RL6, PD, or RM zoning district within a residential or mixed use zone.

2. The lot on which the ADU is located contains an existing or proposed primary dwelling.

3. The lot on which the ADU is located does not contain another ADU or JADU.

4. The ADU meets all other applicable requirements of this code that do not involve discretionary review including, but not limited to, building height, setback, water channel setback, tree removal, ridgeline and environmental preservation overlay, payment of applicable fees, and building and fire code requirements; however:
a. Passageways. To the extent required by California Government Code Section 65852.2 66314, no passageway is required in conjunction with the construction of an ADU.
b. Setbacks.
i. No setback is required for an ADU located within existing living area or an existing accessory structure, or an ADU that replaces an existing structure and is located in the same location and to the same dimensions as the structure being replaced.
ii. For all other ADUs, the required setback from side and rear lot lines shall be no more than four (4) feet.
c. Building Heights.
i. Attached ADUs. In the area between the setbacks applicable to the primary dwelling and the setbacks applicable to the ADU, the ADU shall be limited to sixteen (16) feet in height. Otherwise, the The height limits applicable to the primary dwelling apply.
ii. Detached ADUs. All detached ADUs, except those located wholly or partially above a private garage, shall be limited to sixteen (16) feet in height.

A. Detached ADUs located wholly or partially above a private garage shall be limited to sixteen (16) feet in height in the area between the setbacks applicable to the primary dwelling and the setbacks applicable to the ADU and otherwise limited by the height limits applicable to the primary dwelling.

B. Detached ADUs on a lot with an existing or proposed single family or multifamily dwelling unit shall be limited to sixteen (16) feet in height.

G.1.a
Packet Pg. 205 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

C. Detached ADUs on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, shall be limited to eighteen (18) feet in height. An additional two feet in height shall be allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

D. Detached ADUs on a lot with an existing or proposed multifamily, multistory dwelling shall be limited to eighteen (18) feet in height. d. Fire Sprinklers. The ADU is not required to provide fire sprinklers if fire sprinklers are not required for the primary dwelling.
e. Parking.

For ADUs with 1 or more bedrooms:
i. One (1) all-weather surface, off-street parking space measuring at least nine (9) feet by nineteen (19) feet shall be provided for the ADU. ii. The required parking space may be located as a tandem space in an existing driveway or in the required setbacks. "Tandem parking" means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
iii. The above parking requirements shall not apply:

A. To an ADU that is located within one-half (0.5) mile walking distance of public transit, defined as an existing BART or public bus stop; B. To an ADU that is located within an architecturally and historically significant historic district;
C. To an ADU that is part of a proposed or existing primary dwelling unit or accessory structure;
D. When on-street parking permits are required but not offered to the occupant of the ADU; or
E. To an ADU that is located within one (1) block of the designated pickup or drop-off location of a car-share vehicle, where such vehicle is owned by a car-sharing company.

F. When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in Government Code section 66322, subdivision (a)(1)-(5).
f. Skirt walls. Any skirt wall developed in conjunction with an ADU shall be less than six (6) feet in height.

G.1.a
Packet Pg. 206 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

5. The ADU may be rented, but it shall not be sold or otherwise conveyed separate from the primary dwelling except pursuant to California Government Code Sections 65852.26 66340 through 66342.

6. Maximum size. The floor area limits in Section 17.6.2 of the Orinda Municipal Code shall not apply. An ADU shall meet all of the following requirements:
a. Pursuant to California Government Code Section 65852.2(c) 66321, the floor area shall not exceed eight hundred and fifty (850) adjusted square feet (studio or one bedroom) or one thousand (1,000) adjusted square feet (more than one bedroom); and
b. Compliance with any other maximum size requirements contained in any applicable development agreement or other similar, lot-specific restriction on maximum size, provided that such requirements shall not be used to reduce the ADU below eight hundred (800) adjusted square feet. c. For determining compliance with this Subsection, floor area shall be calculated pursuant to Section 17.6.3 and Section 17.6.4 of the Orinda Municipal Code.

D. Within sixty (60) days of receipt of a complete application, the Planning Director shall ministerially process for approval any application for a building permit for an ADU or JADU that meets all the criteria in this Section.

E. Combination Proposals.

1. When an ADU is proposed in conjunction with—but it can be constructed independent of—another proposal for which City approval is required under this Code (e.g., new garage, new single-family residence, substantial addition to an existing residence), the City shall follow the process as required by California Government Code Section 66320. following options apply:
a. The applicant may elect to have the City process the ADU separate from and concurrently with the other proposal(s). If the applicant makes this election, the streamlining described in this Section would apply to the ADU and the City's otherwise applicable regulations would apply to the other proposal(s). b. The applicant may elect to submit the ADU and other proposal(s) for combined review by the City. If the applicant makes this election, he or she voluntarily foregoes the regulations described in this Section and the City's otherwise applicable regulations apply.

2. When an ADU or JADU is proposed in conjunction with—and it cannot be constructed independent of—another proposal for which City approval is required under this Code (e.g., new garage, new single-family residence, substantial addition to an existing residence), the following options apply:
c. The applicant may elect to have the City process the ADU or JADU separate from the other proposal(s). If the applicant makes this election, the G.1.a
Packet Pg. 207 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

streamlining described in this Section would apply to the ADU or JADU proposal after the applicant obtains City approval for the other proposal(s) on which ADU or JADU construction depends.
d. The applicant may elect to submit the ADU or JADU and other proposal(s) for combined review by the City. If the applicant makes this election, he or she voluntarily foregoes the regulations described in this regulation and the City's otherwise applicable regulations apply.

3. 2. No certificate of occupancy will be issued for an ADU prior to issuance of a certificate of occupancy for the primary dwelling.

F. Non-Compliant Proposals. If the above requirements are not met, the proposed ADU cannot be approved under this Section. Notwithstanding any other contrary provisions of this Code, applicants may seek a variance for an ADU in accordance with Chapter 17.33 but not an exception in accordance with Chapter 17.32.

G. Converted Parking. Notwithstanding any other provision of this code, when a private garage, carport, or covered parking structure, or uncovered parking space is demolished or converted in conjunction with the construction of an ADU, the spaces are not required to be replaced, as required by California Government Code Section 65852.2(a)(1)(D)(xi) 66314(d)(11).

H. Fees. No impact fees, as defined in California Government Code Section 65852.2(f)(3)(B) 66324(c)(1), shall be imposed on ADUs smaller than seven hundred and fifty (750) adjusted square feet. Impact fees for all other ADUs shall be charged proportionately in relation to the square footage of the primary dwelling unit.

I. Existing Accessory Dwelling Unit. An existing ADU may be enlarged or modified only in accordance with the requirements of state law and this Section.

J. Density. To the extent required by California Government Code Section 65852.2 66314, an ADU or JADU built in conformance with this Section does not count toward the allowed density for the lot upon which the ADU or JADU is located.

K. General Plan and Zoning Designations. ADUs and JADUs are residential uses that are consistent with the City's existing general plan and zoning designations.

L. Pursuant to Senate Bill 9 (2021), no accessory dwelling unit or junior accessory dwelling unit will be permitted by the City on a parcel that has used both the authority contained in California Government Code Sections 65852.21 and 66411.7.

No more than two dwelling units of any kind will be permitted by the City on a parcel created through the exercise of the authority contained in California Government Code Section 66411.7.

4. Senior Housing Overlay District (SH-Overlay) development standards Municipal Code section 17.4.33 is amended as follows:

G.1.a
Packet Pg. 208 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

Senior Housing Facilities, as defined in section 17.2.3, in the SH-Overlay District may apply the standards of this section in lieu of the underlying multifamily district standards.

Non-age restricted development in the underlying multifamily district shall be developed in compliance with the multifamily development standards of section 17.4.32, and all other applicable development standards.

A. Allowed by right. Multifamily Senior Housing Facilities, as defined in section 17.2.3, are allowed by right in the RM district subject to the design review requirements of Chapter 17.30, the development standards of this section and other applicable city ordinances.

B. Off-Street Parking. Parking spaces for each dwelling unit shall be provided consistent with the requirements of Chapter 17.16 of this title.

C. Shared Open Space. Outdoor common area(s) of at least one hundred (100) square feet per dwelling unit shall be provided for active and passive group recreation. Each outdoor area shall have a dimension no less than eight feet and shall not include driveways, parking areas or required street fronting yards.

D. Laundry Facilities. Adequate laundry facilities shall be provided by:

1. Constructing a laundry room with the equivalent of one standard washing machine for each fifteen (15) dwelling units and an equivalent capacity in automatic clothes dryers; or

2. Provide properly designed and plumbed areas within each dwelling unit for washing and drying clothes.

E. Lighting and Security. Night and security lighting and security measures shall be provided as necessary to ensure safe and convenient access and use of senior housing development. All outdoor lighting shall be shielded to prevent glare and outdoor light fixtures more than three feet above the ground shall be shielded to prevent direct illumination off-site.

F. Landscaping. All development shall include landscape plans as required in Chapter

17.17 of this title. In addition, landscaping shall provide substantial landscape screening from off-site vantage points and, as appropriate, side and rear yard landscaping. Landscaping shall blend with the design of the development and enhance the visual quality of the streetscape, and to help achieve design consistency with the character of the neighborhood.

G. Permitted Density. Multifamily senior housing in the RM district shall be developed at no more than thirty-eight (38) units per acre.

H. Story Limit. The maximum number of stories shall be as required by the most restrictive of the closest adjoining residential or downtown district base regulations or as established by the Planning Commission by conditions imposed at the time of review for approvals required by this title.

G.1.a
Packet Pg. 209 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

I. Building Height Limit. The maximum building height shall be as required by the most restrictive of the closest adjoining residential or downtown district base regulations or as established by the Planning Commission by conditions imposed at the time of review for approvals required by this title.

J. Building Setbacks. Buildings shall be set back twenty (20) feet from the face of curb on all street-fronting property lines, but in no case less than 10 feet from the property line and a ten-foot setback shall be provided from all other property lines.

K. Building Plane Line. Except as provided in subparagraph 12, no portion of a building shall project beyond the building plane line. The building plane line for facades with street frontage is a plumb line drawn twenty-seven (27) feet high at the setback line then inward on the lot at a forty-five (45) degree angle to the maximum building height.

At interior property lines the building plane line is a plumb line forty (40) feet high at the setback line then inward on the lot at a forty-five (45) degree angle. For purposes of this requirement, the vertical measurements are taken from finish grade.

L. Building Projections. Projections described permitted in section 17.4.18 also apply to the building setbacks and building plane line of this section.

M. Building Separation. Separate buildings on the same parcel shall be no closer than 20 feet. Buildings with common walls less than 12 feet in length shall be considered separate buildings for the purposes of this requirement. This requirement shall apply to each story separately as illustrated below.

G.1.a
Packet Pg. 210 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

N. Trash Enclosures. Trash and recycling enclosures shall be located conveniently for residents, and out of vehicular circulation areas. Trash and recycling enclosures may not be located within five feet of interior property lines or within the street fronting setbacks. Trash and recycling enclosures shall be of a design which is compatible with the development.

O. Gathering Rooms. Projects with eight or more units shall include adequate gathering rooms or locations for facility residents, based on a requirement of at least ten square feet per dwelling unit. Areas devoted to kitchen areas and restrooms in such community facilities shall not count toward meeting this requirement.

P. Pedestrian access. Direct pedestrian access to abutting public streets and parks shall be provided.

Q. Mechanical Equipment.

1. General Requirement. Exterior mechanical equipment (except solar collectors) and operating mechanical equipment must be screened from off-site views.

Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing line, ductwork and transformers.

Placement of mechanical equipment is limited by the setback requirements of the base zoning district, unless otherwise provided for within this title.

2. Utility Meters. A utility meter must be screened from view from the public rightof-way. A meter or transformer in a required front yard or in a corner side yard must be enclosed in a subsurface vault.

3. Screening Specifications. Screening material may have evenly distributed openings or perforations not exceeding fifty (50) percent of the surface area and G.1.a
Packet Pg. 211 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

must effectively screen mechanical equipment so that it is not directly visible from off-site. Heavy, evergreen landscaping may be used to meet these requirements.

5. PS district—Land use regulations
Municipal Code schedule 17.9.2 is amended as follows:

PS DISTRICT—LAND USE

REGULATIONS
P Permitted
U Use Permit Required
Public and Semi-Public Uses
Cemetery U
Club or Lodge U
College, Public or Private U
Congregate Care Facility U
Cultural Institution U Only along arterial or collector streets Day Care, General U Only within a public building
Emergency Medical Care U Only within a public building
Emergency Shelter P
Government Office U
Hospital U
Low Barrier Navigation Center P
Maintenance or Service Facility U
Park or Recreation Facility U
Public Parking Facility U
Public Safety Facility U
Public Transit Facility U
Religious Assembly U
School, Public or Private U
Utilities, Major U
Utilities, Minor U
Accessory Uses and Structures
Permitted on the site of a permitted use,
but requires a use permit if added on the
site of a conditional use.

G.1.a
Packet Pg. 212 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

Temporary Uses
(Temporary events permitted
under Chapter 17.37)
Agricultural Uses
Animal Husbandry U
Crop Production U
C. Prohibition of Specified Uses.

1. Commercial Marijuana Land Uses. Commercial Marijuana Land Uses are a prohibited use in the PS district.

2. Outdoor Marijuana Cultivation. The outdoor cultivation of marijuana is a prohibited use in the PS district.

6. Additional development regulations for emergency shelters Municipal Code section 17.9.4 is amended as follows:

Emergency shelters shall be subject to the following nondiscretionary standards and shall, in all other respects, be subject to the same zoning standards applicable to other residential or commercial development within the PS district:

A. Occupancy. Each emergency shelter may serve a maximum of seven twenty (20) clients nightly and contain a maximum of seven twenty (20) beds.

B. Location Criteria. Emergency shelters may only shall be located a minimum of three hundred (300) feet from another emergency shelter use. at sites meeting all of the following location criteria:

1. Within one-half mile of the Orinda BART Station;

2.More than two hundred (200) feet from the edge of pavement of Highway 24; and

3.More than three hundred (300) feet from a general day care use.

C. Parking. One vehicle parking space shall be provided per three beds, plus one space per on-site management staff person. No parking minimum shall be required for new shelters within one-half mile of the Orinda BART Station. Off-street parking based upon demonstrated need, provided the standards do not require more parking for emergency shelters than for other residential or commercial uses within the same zone. Parking shall be no more than ten feet from any property line and parking lots shall be landscaped with two locally native trees per stall.

D. Waiting and Intake Area. An interior client waiting and intake area shall be provided and contain a minimum of fifty (50) square feet per bed at the emergency shelter.

E. On-site management. Emergency shelters shall have a manager on-site at all times while clients are present.

G.1.a
Packet Pg. 213 Attachment: Proposed Ordinance 25-02 (3568 : Zoning Text Amendments)

F. Lighting. Night and security lighting and security measures shall be provided as necessary to ensure safe and convenient access and use of the emergency shelter. All outdoor lighting shall be shielded to prevent glare and outdoor light fixtures more than three feet above the ground shall be shielded to prevent direct illumination off-site. The maximum illumination at ground level shall not exceed the minimum required under the State Building Code.
1880867.1
G.1.a
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Packet Pg. 218 Attachment: Planning Commission Staff Report (3568 : Zoning Text Amendments) Mar 7, 2025
City of Orinda
22 Orinda Way
Orinda, CA 94563
By Email: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected];
CC: [email protected]; [email protected]; [email protected]; [email protected]
Re: Proposed Amendments to the City’s Accessory Dwelling Unit and Junior Accessory Dwelling Unit Regulations
Dear Orinda Planning Commission,
The California Housing Defense Fund (“CalHDF”) submits this letter as a public comment concerning item 7B on the agenda for the Planning Commission meeting scheduled for March 11, 2025, an amendment to the City’s regulations for ADUs and JADUs. This proposed ordinance fails to comply with state law in a few ways, and the City should address these problems before approving the ordinance.

Background
The law gives local governments authority to enact zoning ordinances that implement a variety of development standards on ADUs. (Gov. Code, § 66314.) The standards in these local ordinances are limited by state law so as not to overly restrict ADU development. (See id.) Separately from local ADU ordinances, Government Code section 66323 establishes a narrower set of ADU types that local governments have a ministerial duty to approve. “Notwithstanding Sections 66314 to 66322 ... a local agency shall ministerially approve” these types of ADUs. (Gov. Code, § 66323, subd. (a).) This means that ADUs that satisfy the minimal requirements of section 66323 must be approved regardless of any contrary provisions of the local ADU ordinance. (Ibid.) Local governments may not impose their own standards on such ADUs. (Id. at subd. (b) [“A local agency shall not impose any objective development or design standard that is not authorized by this section upon any accessory dwelling unit that meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a).”].) 2221 Broadway, PH1, Oakland, CA 94612
[email protected]
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Packet Pg. 219 Attachment: Planning Commission Correspondence (3568 : Zoning Text Amendments) In addition, ADUs that qualify for the protections of Government Code section 66323, like other ADUs, must be processed by local governments within 60 days of a complete permit application submittal. (Gov. Code, § 66317, subd. (a).) State law also prohibits creating regulations on ADU development not explicitly allowed by state law. Government Code Section 66315 states, “No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer.”
Impermissible Limitation on ADUs and JADUs in a Primary Dwelling City code section 17.3.4(B)(2)(b) forbids applicants from developing both an ADU and a JADU (developed pursuant to Government Code section 66323) within the primary dwelling.

However, Government Code section 66323, subdivision (a)(1) allows for both an ADU and a JADU inside a primary dwelling or an accessory structure. The state law includes no requirement that an applicant choose between an ADU or a JADU. Rather, the statute clearly states that the City must allow “One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling …” See pages 18 et seq. of the HCD’s January 2025 ADU Handbook for further information on section 66323 ADUs. For instance, from page 18 of the Handbook: “One ADU per lot is permitted within the converted space of a proposed or existing single-family dwelling or accessory structure … In addition, one JADU per lot is permitted within the proposed or existing space of a single-family dwelling or accessory structure …” The City should amend its code to allow both an ADU and a JADU within a primary dwelling, as is required by state law.

Impermissible Discretionary Process
City code section 17.3.4(E) creates an option for applicants to waive the ADU code’s application process and instead proceed via the City’s standard entitlement process, for cases in which an ADU is proposed in conjunction with another structure where a different entitlement is required. This is plainly forbidden by state law. From Government Code section 66320, subdivision (a):

If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or 2 of 3
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Packet Pg. 220 Attachment: Planning Commission Correspondence (3568 : Zoning Text Amendments) the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing.

As can be seen, this section of state law mandates that the ADU application be considered ministerially without discretionary review or a hearing. The City may not allow (or encourage) applicants to waive this requirement, as the City is forbidden from reviewing ADUs via discretionary review or hearing.

See pages 14 and 35 of the HCD’s January 2025 ADU Handbook for more information:
● From page 14: “Concurrent Permitting. Clarifies that permitting agencies may concurrently approve or deny a proposed ADU and new single-family or multifamily dwelling when submitted simultaneously for permitting. The application for the ADU shall be considered without discretionary review or hearing.” ● From page 35: “ADUs subject to State ADU Law must be considered, approved or denied, and permitted ministerially, without discretionary review or a hearing” ⧫ ⧫ ⧫
CalHDF appreciates the City’s effort to implement state law governing ADU construction.

However, the City should amend its ordinance to ensure that it complies with state law.

CalHDF is a 501(c)3 non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels, including low-income households.

You may learn more about CalHDF at www.calhdf.org.

Sincerely,
Dylan Casey
CalHDF Executive Director
James M. Lloyd
CalHDF Director of Planning and Investigations
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Packet Pg. 221 Attachment: Planning Commission Correspondence (3568 : Zoning Text Amendments) G.1.d
Packet Pg. 222 Attachment: Planning Commission Resolution 25-01 (3568 : Zoning Text Amendments) G.1.d
Packet Pg. 223 Attachment: Planning Commission Resolution 25-01 (3568 : Zoning Text Amendments) City Council
Staff Report
Agenda Item: H.1
Date: May 6, 2025
Department: City Council
AGENDA TITLE: Proposed Biennial Budget for Fiscal Years 2025-26 and 2026-27 RECOMMENDATION:

Receive the report, discuss and provide direction on any adjustments or changes to be incorporated into the Final Budget to be presented for adoption June 3, 2025.

BACKGROUND:

The proposed Biennial Budget covers Fiscal Year 2025-26 and Fiscal Year 2026-27. A separate staff report from the Public Works and Engineering Department is also introducing the Draft Capital Improvement Program (CIP).

Following an introductory presentation by Staff, there will be an opportunity for the public and City Council to provide comments and feedback. This marks the beginning of the public review process. On May 27, the Planning Commission will review the CIP for consistency with the General Plan. On May 29, the proposed biennial budget will also be presented to the Finance Advisory Committee and the Independent Library Parcel Tax Oversight Committee, which will review the library parcel tax-related financial plans. Staff scheduled a presentation for the Supplemental Sales Tax Oversight Commission (SSTOC) of Measure R related funding and expenditures on May 14. The outcome of these additional meetings will be reported to the City Council at their June 3 meeting, as part of the adoption of the Budget.

The Budget that is being presented this evening is a preliminary document for review and discussion. It will be presented in final form at the City Council meeting of June 3, 2025, and will allow the City to start the new fiscal year on July 1, 2025, with the appropriations necessary to incur expenditures.

DISCUSSION:

As with all the prior budgets, Staff developed the recommended two-year spending plan with the City’s fiscal policies in the forefront and in a manner designed to support the City Council’s adopted Strategic Priorities.

A key goal of this recommended budget is to ensure the City lives within its means and to match ongoing expenses with ongoing revenues to the greatest degree possible to maintain essential services to preserve and enhance the quality of life in Orinda. In addition, one-time or certain regularly reoccurring expenses, such as vehicle replacements, have been matched to one-time revenues or available fund balance.

This will help to ensure that the City budgets at a level which is sustainable on a yearto-year basis and will smooth out any big swings from an operational perspective.

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The proposed budget assumes the same level of staffing for the next two years as already provided for in the current year and that all positions are filled for the entire year. Currently, there is only one vacancy citywide, and Staff is working to fill the position as soon as possible. Non-personnel-related operating costs were held constant for service level purposes, with inflationary adjustments incorporated where appropriate.

The good news is that the base General Fund Budget (excluding Measure R, commonly referred to as the General Purpose General Fund) for the next two fiscal years shows a projected net operating surplus of $265,000 and $160,000 in FY 2025-26 and FY 2026- 27 respectively. A high-level summary of sources and uses is provided below:

In addition, the City’s available General Fund balance is expected to increase as Fiscal Year 2024-25 comes to an end. This results in what is essentially one-time monies which can also be allocated (budgeted), preferably to one-time expenses, or used strategically to perhaps bridge a short-term gap on an operating basis. The budget document incorporates Staff recommendations to transfer $2,685,000 of this balance out of the General Fund. Staff recommends that $685,000 be transferred to the Risk Management Internal Service Fund, and $2 million is recommended to be transferred to the Capital Improvement Fund (Fund 700).

The City is currently negotiating with its represented labor bargaining units (Teamsters Local 856) as the current labor agreement ends on June 30, 2025. Once those negotiations conclude, any necessary adjustments to the budget will be provided to the City Council when the contract is presented for approval.

Detailed information about revenue estimates and departmental spending plans are included in the attached budget document.

FISCAL IMPACT:

Detailed financial information is contained in the Preliminary Biennial Budget FY 2025- 26 and FY 2026-27, which is attached. Operating expenditures are funded by current year revenue. As is common, there are Capital Projects which utilize non-General Fund H.1
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prior year accumulated balances. The Budget is balanced, and the City is expected to maintain the City Council Policy’s required General Fund Reserve balances equal to 50% of FY2025-26 General Fund operating budget. Those General Fund reserve balances are anticipated to be roughly $5.73 million.

In addition to annual citywide operating costs, the budget document includes appropriations for significant capital projects to be funded over the two years, roughly $21 million in total, as presented in more detail in the Capital Improvement Plan (See separate Agenda Item).

ATTACHMENTS:

A. Proposed Biennial Budget for Fiscal Years 2025-26 and 2026-27 Respectfully Submitted by:

Douglas Alessio
Assistant City Manager
Prepared By: Douglas Alessio, Assistant City Manager
Approved by:

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City Council
Staff Report
Agenda Item: H.2
Date: May 6, 2025
Department:

Public Works and
Engineering Services
AGENDA TITLE: Proposed Draft Capital Improvement Plan
RECOMMENDATION:

Review, discuss, and provide comments on the proposed Draft Capital Improvement Plan (CIP).

BACKGROUND:

The Capital Improvement Plan (CIP) identifies public infrastructure projects and funding sources for long-term investments that are designed to protect, preserve, and enhance the City's infrastructure, extend the useful service life of public facilities and improve or enhance delivery of City services. Infrastructure includes transportation, drainage, parks and City buildings. This draft is being presented in parallel with the two-year Budget.

The subject Five-Year Capital Improvement Plan covers the estimated activity during an overall six-year period: the current Fiscal Year 2024-25 (July 1, 2024-June 30, 2025) and the subsequent five years (July 1, 2025-June 30, 2030).

Even after this CIP is adopted, if significant decreases in revenue occur or if bids for projects are much higher than estimated, the City Council can postpone or cancel projects, on an individual case by case basis, prior to authorizing a major capital expenditure (over $60,000).

DISCUSSION:

At its April 15, 2025 meeting, the City Council provided initial comments on proposed new capital projects to be included in the subject CIP. Staff made changes based on the feedback and direction received at the April 15 meeting, as summarized below:
• Project #5038, Moraga Way Widening/Path Study: City Council supported this as a priority project that should be funded. This Project would create a connection from the Town of Moraga, through the City of Orinda to Highway 24 for pedestrian and bicycle use, as well as use as a possible emergency lane during evacuations. An appropriation of $400,000 (from Measure R, Fund 106) is recommended. Initial funding would allow Orinda and Moraga, subject to an agreement, to retain a consultant to do preliminary engineering work on this project. Production of final plans/construction documents, acquisition of right-ofway (if required) and construction of such improvements would require additional funding.

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• Project #5022, Wilder-Downtown Multi-Use Path. Grant funded preliminary studies performed in the current fiscal year indicate that the project cost would likely exceed $20 million. The City Council did not support this project as a high priority given the very high estimated cost. Accordingly, no funding is recommended at this time. However, Staff will continue to seek grant funding and the CIP includes a funding place holder for preliminary engineering work in the amount of $400,000.
• Project #4191, Glorietta SRTS Raised Crosswalks at Martha Rd. The City is being recommended for a $200,000 Transportation Development Act (TDA) grant for this project that would cover two-thirds of the project cost. However, due to the recent agreement with the school district to provide a crossing guard at this location, the primary justification for this project has been substantially reduced.

Therefore, this project has been removed from the active CIP list, and the City will not be receiving the designated TDA grant funds.

The above changes are incorporated into the attached draft CIP document. Staff performed project analysis and cash flow projections, balancing the various fund sources to maintain acceptable minimum levels. As noted in earlier meetings, Staff uses a CIP planning software, “Plan-It”, to analyze the expenditure and cash flows for the projects and funds, and to prepare summaries and reports for the CIP document.

The following details should be noted:
• Since final expenditures for the current fiscal year (ending June 30, 2025) are not yet available, estimated amounts are shown.
• Certain projects are included that are contingent on grant funding, as noted in the project detail sheet descriptions. Furthermore, the “Priority” in the project detail sheet will be shown as “Unfunded/future consideration” or “Partially funded.” • The City’s financial records need to be reconciled with data in Plan-It. The attached Draft CIP represents a reasonably accurate document for planning purposes however, Staff has not completed reconciling the data in Plan-It. The reconciliation work will occur prior to the final Proposed CIP.
• The final CIP will include a Table of Contents and be compiled into one document.

NEXT STEPS:

Based on direction and feedback from this meeting, Staff will finalize the CIP documents and submit for approval to City Council on June 3, 2025.

FISCAL IMPACT:

The Draft CIP (including current year) identifies 68 projects that total $42 million. This CIP proposes $22 million in projects for the two-year budget period (Fiscal Years 2025- 26 and 2026-27).

The Revenues in all funds are projected to be balanced with Expenditures and the intent is that no funds will show a projected negative balance at the end of each of the five forward fiscal years.

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ATTACHMENTS:

A. Draft Capital Improvement Program
Respectfully Submitted by:

Scott Christie
Public Works Director
Prepared By: Scott Christie, Public Works Director
Approved by:

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City Council
Staff Report
Agenda Item: H.3
Date: May 6, 2025
Department: Administration
AGENDA TITLE: License Plate Reader Cameras - Review of City Efforts and Request from Knickerbocker Neighborhood Resident
RECOMMENDATION:

Receive the report and provide direction on the inclusion of additional LPR cameras in the upcoming budget.

BACKGROUND:

The City Council received a request from Evan Dreyer, a resident of the Knickerbocker neighborhood, regarding the City taking over privately maintained license plate reader cameras at Stein Way / Quail Ridge Lane and Underhill Road / Spring Road. The City Council, at its March 4 meeting, requested that Staff bring back the request from Mr.

Dreyer and include an update on plans to establish new locations for LPRs in the community.

DISCUSSION:

Request from Evan Dreyer
Mr. Dreyer lives in the Knickerbocker neighborhood, an area south of Highway 24 and west of Moraga Way. This area is accessible off Brookwood Road, Cam Encinas (two points of entry), as well as Stein Way. Mr. Dreyer indicated that the neighborhood installed LPR cameras along Stein Way / Quail Ridge Lane and Underhill Road / Spring Road. The areas for the installation of the cameras are located on private property and the cameras face their street. Mr. Dreyer notes that the camera has proven helpful in deterring criminal activity in his neighborhood. After a year of being in place, Mr. Dreyer is requesting that the City take over operations and maintenance of the existing LPR on Stein Way / Quail Ridge Lane and Underhill Road / Spring Road.

Staff consulted with Police Chief Rossi regarding the request, as well as reviewing the City’s current inventory of LPRs to determine whether there’s a public need for Mr.

Dreyer’s cameras. In summary, there does not seem to be a need to maintain this camera for public use as the area, including all points of exit and entry to the Knickerbocker neighborhood, are covered by a current inventory of LPRs.

Overview of LPR Program
Currently, the City maintains seven LPR locations in the community with two scheduled for installation, and the Orinda Police Department also has access to 12 privatelyowned LPRs.

The City receives about 50 alerts annually for wanted vehicles, averaging between four to five per month. The Police Department’s arrest data indicates that stops and arrests H.3
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based on those alerts can range from 20-50 percent, depending on current calls for service or the vehicles already entering the freeway and officers unable to locate the vehicle. In addition to this, about 90 percent of the alerts received are where the front plate was reported stolen, but the correct rear plate is attached to the vehicle that is driving through the City.

In addition to the existing LPRs, Staff worked with Chief Rossi to develop a proposed list of an additional 15 locations for future expansion of the camera program. The goal of these proposed locations is to provide full coverage of the entry and exit points into Orinda as well as to all the community’s neighborhoods. The cost of adding these cameras is approximately $55,000 for the physical equipment, software and related installation costs. The annual cost for the new cameras is estimated at $45,000.

Staff is currently developing the next two-year budget and is recommending that the additional cameras be included in the FY 2025-26/2026-27 budget process. Staff recommends that the City Council provide direction on whether to include these LPR costs in the proposed budget. Related to this, the City has requested these new LPRs as part of the annual federal appropriations process through our Senate and Congressional offices. Should this funding materialize, Staff will report back to the City Council.

In summary, the Staff would not recommend the inclusion of Mr. Dreyer’s two cameras into the City’s publicly owned system but would recommend that the City Council consider the inclusion of 15 new, publicly owned LPRs to provide the greatest coverage throughout the entire community. These could be included in the upcoming budget process.

NEXT STEPS:

If the City Council provides direction on the item this evening, Staff will include budgetary line items in the upcoming two-year budget.

FISCAL IMPACT:

There is no fiscal impact associated with this item. Should the City Council consider the inclusion of the new LPRs in the next budget cycle, there would be a one-time cost of approximately $55,000 and an annual cost of $45,000 in year two.

Respectfully Submitted by:

Linda Smith
City Manager
Prepared By: Sheri Smith, City Clerk
Approved by:

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