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Home & Property Development

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1. What are the requirements for a deck?

A deck under thirty (30) inches above existing or finished grade, whichever is lower, may encroach into any required setback. A deck greater than 30 inches above grade must maintain a minimum 20' setback from any street frontage and a minimum 5' side and rear yard setback. A deck that is greater than 6' above greater and more than 200 square-feet in size will require an Elevated Deck Permit .

A deck does not require a building permit if it meets all of the following criteria: Decks pertinent to R3 and U occupancies not exceeding 200 square feet in area, that are not more than 30” above grade at any point, are not attached to a dwelling, and do not serve the exit door required by code. See the Construction Work Not Requiring A Building Permit list for more information.

2. What are the requirements for a shed?

A shed is referred to as an accessory structure in the Orinda Municipal Code. A shed must meet the accessory structure setbacks, based on the setbacks for the primary residence. See the Development Standards Handout to determine what your property's setbacks are. A shed less than 120 square-feet with no plumbing or electricity does not require a building permit. All sheds, even those that do not require a building permit, must conform to the setback requirements.

3. What are the requirements for a retaining wall?

A retaining wall greater than 3' in height will require a building permit. A retaining wall shall be limited to four feet if it is: (1) within ten feet of any property line; or (2) in the minimum required yard setback for the subject lot, whichever is greater. Elsewhere, a retaining wall shall be no higher than eight feet. Unless there is a minimum horizontal separation of at least four feet between individual retaining walls or fences and retaining walls, a grouping of walls and a grouping of one or more walls and fences shall be seen as a single structure for determining height limits. A retaining wall that will exceed the maximum height requirements will require an Exception Permit. 

4. What are the requirements for a pool?

A pool must maintain a minimum 5' side and rear yard setback. Pool equipment must be located closer to the subject property than adjacent properties. A building permit is required for a pool.

5. What are the requirements for a tennis court or basketball court?

Sports courts must meet the following requirements: 

1. Minimum setback from any street frontage is fifty (50) feet. 
2. The side yard setback at the side and rear of the lot shall be at least five feet. 
3. The sports court shall be at least five feet from the main structure. 
4. The maximum fence height of the portion built within the minimum setback of the subject lot shall be twelve (12) feet. 
5. The installation of outdoor lighting at a height of seven feet or more requires use permit approval.

6. Can I add a second story to my home?

Yes, you may add a second story to an existing single-story residence. A new second story requires Design Review.

7. Do I need a permit to repave my driveway or expand my driveway?

Yes, you will need a Encroachment Permit from the Public Works Department if your property is on a public street.

8. How close can I build next to a creek or water channel?

Depending on the type of creek or water channel, there will be a 0-45' setback measured from the top of bank. See Orinda Municipal Code Section 17.4.6 for a description of the creek types and applicable setbacks. If you have a potential project, you may request a Creek Setback Determination.

9. How do I know what zoning district my property is in?

Follow the instructions in the Zoning District Handout to determine what zoning district your property is in. 

10. How do I determine what my property setbacks are?

Use the Development Standards Handout to determine what your property setbacks are. 

11. What is the maximum size I can build my home?

For properties of 20,000 square-feet or greater, the maximum floor area is 20% of the total property size up to a maximum of 7,000 square feet. For properties under 20,000 square-feet in size, see Orinda Municipal Code Section 17.6.8 to determine the maximum floor area based on the lot size. See Orinda Municipal Code Section 17.6 for more information on how floor area is calculated. If a proposed project will exceed the maximum floor area for the property, Design Review will be required. 

12. What is the maximum building height for my home?

There is a maximum 27' building height and a maximum 35' aggregate building height. See Orinda Municipal Code Section 17.4.19 for graphics of how height is measured. If your project will exceed the maximum building height or aggregate building height, an Exception Permit will be required.

13. I own multiple properties. How can I confirm these were legally created parcels?

A Certificate of Compliance is required in order for the City to confirm if the parcels were legally created through the Subdivision Map Act.

14. How do I connect my property to the sewer system?

Contact Central Contra Costa Sanitary District for questions regarding the sewer system.

15. Can I put a septic tank on my property?

Contact Central Contra Costa Sanitary District for questions regarding septic tanks. 

16. How do I connect to electricity on a vacant property?

Contact PG&E for setting up gas or electric service to a vacant property. 

17. How do I get water service or a water meter on a vacant property?

Contact EBMUD to set up water service. 

18. Why is a vacant property labeled "unbuildable"?

Some properties in Orinda are categorized as "unbuildable" by the Contra Costa County Assessor's Office. This designation is made by the County Assessor’s office and does not impact whether a site is actually buildable from a planning and zoning perspective. These sites are legal, potentially buildable lots.  

19. Can I build a pre-manufactured or modular structure?

Yes, there is no limitation on the type of construction. Contact Contra Costa County Building Department for building code requirements related to manufactured homes.