Uses
Permitted by right5
- outdoor sales (with commercial use permit)
- service station (with commercial use permit)
- ancillary retail use (with commercial use permit and noticed hearing)
- outdoor dining (with outdoor dining permit)
- take-out restaurant (with take-out restaurant permit)
Conditional / special use5
Prohibited3
- commercial marijuana land uses
- outdoor marijuana cultivation
- drive-through restaurant (food/beverage to motor vehicle for off-site consumption)
Extracted standards
22 individual requirements pulled out of this section’s prose, each with the sentence it came from.
Noise
- Noise analysis required
A noise analysis specifying areas affected and sound proofing or other mitigation that will be employed to eliminate excessive noise exposure on adjacent property shall be submitted with a use permit application.
Other
- ADA compliance required
All Americans with Disabilities Act (ADA) requirements shall be met.
- Distance from intersection40 ft
Outdoor dining areas shall be located at points forty (40) feet from the intersection of the projected curb lines.
- Door swing clearance
Outdoor dining areas shall not cause the pedestrian zone to encroach into the radius of a door swing.
- Encroachment permit required
Approval of a revocable encroachment permit per Chapter 12.08 must be obtained.
- Furniture material standard
Tables and chairs shall be made of a safe, sturdy, durable material such as wrought iron, wood, steel, or cast aluminum. No plastic tables or chairs and no vinyl tablecloths are permitted.
- Furniture removal at night
Outdoor dining furniture, except for the tables, shall not be left in the public right-of-way during non-business hours.
- Heater distance from pedestrian zone2 ft
If portable heaters are used, they shall be located a minimum of two feet from the pedestrian zone.
- Location requirement
Outdoor dining areas shall be located within the required front yard setback area or within the public right-of-way.
- Maximum floor area for ancillary use20 pct
The ancillary use will not adversely affect the use of more than twenty (20) percent of the existing floor area.
The applicant must provide documentation showing that the requirements for off-street parking in Section 17.16.4 of the Orinda Municipal Code are met.
- Pedestrian clearance4.5 ft
A minimum pedestrian zone of four feet and six inches shall be maintained.
- ProhibitedProhibitedNot allowed in the district at all, short of rezoning or a variance. service station activities
Activities prohibited in a service station include other major repair activities such as engine overhauls involving body and fender work, painting and undercoating.
- Repair work inside building
All repair work shall be conducted within a building. No outside storage of parts, equipment or vehicles which have been damaged or dismantled completely or partially, is permitted.
- Separation between dining areas10 ft
Outdoor dining areas shall remain on the same side of the pedestrian zone along public sidewalks not wide enough to accommodate outdoor dining areas on both sides of the pedestrian zone unless there is a ten-foot separation between dining areas.
- Table fastening required
Tables shall be fastened to the ground, in a manner acceptable to the City Engineer.
- Trash receptacle distance25 ft
A trash receptacle shall be provided near each public restaurant exit unless there is an existing trash receptacle within twenty-five (25) feet of each exit.
- Trash receptacle required
A trash receptacle shall be provided near each public restaurant exit unless there is an existing trash receptacle within twenty-five (25) feet of each exit.
- Umbrella clearance7 ft
At least seven feet ground clearance shall be provided under umbrellas.
- Umbrella signage prohibitedProhibitedNot allowed in the district at all, short of rezoning or a variance.
No umbrella signage is permitted.
- Vehicle buffer zone2 ft
A two-foot vehicle buffer zone between the curb and the outdoor dining area or the pedestrian zone shall be maintained.
- Walk-up service allowed
Walk-up service is allowed, provided access is not directly to the public right-of-way.
From the ordinance
Outdoor sales specified in subsection (H)(5) of this section are allowed with a commercial use permit. ... Commercial marijuana land uses are a prohibited use in the downtown commercial district.